EverSmooth™ Terms of Service

Last Updated: 2/2/2026

Overview. Welcome to EverSmooth (“EverSmooth,” “we,” “us,” “our”). We operate this website and online store, including all related information, content, features, tools, products, and services (the “Services”). The Services are hosted by Shopify.

These Terms of Service (“Terms”), together with policies referenced here (e.g., Return & Refund Policy, Shipping Policy, Privacy Policy), govern your access to and use of the Services. By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

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1. Access & Account

You represent you are the age of majority in your state or province of residence and you consent to use by any minor dependents on devices you own or manage. You agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activity under your account.

2. Our Products

We strive to describe and display products accurately, but actual colors, finishes, and packaging may vary by device and settings. We may change, limit, or discontinue products at any time and may limit quantities by person, household, or address.

3. Orders

Your order is an offer to buy. We may accept or decline any order for any reason. We must receive and process payment before acceptance. Review your order carefully; cancellations may be unavailable once processing begins. Purchases are subject to our Return & Refund Policy. You represent purchases are for personal/household use and not for resale or export.

4. Prices & Billing

Prices, promotions, and discounts may change without notice. Posted prices typically exclude taxes, duties, and shipping unless stated. You authorize us (and our processors) to charge your payment method for all amounts due and represent that the information you provide is true and you are authorized to use it.

5. Shipping & Delivery

Delivery windows are estimates, not guarantees. Title and risk of loss pass to you upon our delivery to the carrier. We are not liable for delays caused by carriers, customs, or events outside our control. See our Shipping Policy.

6. Health, Safety & Medical Disclaimer (Important)

• Cosmetic use only. Our pore-care device(s) (including EverSmooth PoreLift™) are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Information on the Services is for general informational purposes and is not medical advice.

• Follow instructions. Always read and follow all instructions, warnings, and usage guidelines included with your product. Start on the lowest setting, keep the tip moving (do not hover), and use as directed.

• Do not use on broken, bleeding, irritated, infected, or sunburned skin. Discontinue use if pain, excessive redness, burning, or bleeding occurs.

• Consult a physician before use if you have diabetes, neuropathy, poor circulation, a skin condition, are pregnant, have implanted medical devices, or have concerns about skin sensitivity.

• Patch/spot test where applicable and limit use to the frequency stated in the manual.
  You acknowledge that improper use may cause temporary redness, irritation, marks, or other injury, and you agree to use the products only as directed.

7. Assumption of Risk; Release

To the fullest extent permitted by law, you knowingly assume all risks associated with selecting and using our cosmetic devices and accessories. EverSmooth is not responsible for harm arising from misuse, failure to follow instructions, modifications, or use on contraindicated skin conditions. You release EverSmooth and its affiliates from claims arising out of such misuse or failure to follow directions.

8. Battery & Charging Safety

Recharge only with the supplied cable or a certified USB-C charger meeting local standards. Do not charge near water, while sleeping, or on flammable surfaces. Do not disassemble, puncture, or expose the device or battery to excessive heat. If a device is damaged, wet, swollen, or overheats, stop using and unplug immediately.

9. Results & Testimonials

Before/after photos and testimonials reflect individual experiences; results vary by skin type, frequency, technique, and care. Illustrative content is not a guarantee of outcome. Any influencer/affiliate content must comply with disclosure rules.

10. Intellectual Property

The Services and their contents—including trademarks (e.g., EverSmooth™, PoreLift™, ClearVac™), text, graphics, icons, images, video, and software—are owned by EverSmooth or its licensors and protected by law. You may use the Services for personal, non-commercial purposes only. No rights are granted except as expressly stated.

11. Optional Tools & Third-Party Links

We may provide access to third-party tools and links “as is” and “as available,” without warranties or endorsement. Your use is at your own risk and subject to the third party’s terms.

12. Relationship with Shopify

EverSmooth is powered by Shopify, but your purchases are with EverSmooth, not Shopify. You agree Shopify is not responsible for your transactions with us and you release Shopify and its affiliates from claims related to those transactions.

13. Privacy

Our collection and use of personal information are described in our Privacy Policy  (and, where applicable, Shopify’s privacy policy). By using the Services, you consent to those practices.

14. Feedback & User Content

By submitting reviews, UGC, ideas, or other content (“Feedback”), you grant EverSmooth a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such Feedback in any media for any lawful purpose. You represent you own or control the rights and that your Feedback complies with these Terms and law.

15. Errors & Omissions

We may correct errors, inaccuracies, or omissions (including pricing and availability) and change or update information at any time without notice.

16. Prohibited Uses

You may not use the Services to violate law; infringe intellectual property or privacy rights; transmit malware, spam, or illegal content; scrape, crawl, or interfere with security; or otherwise harm EverSmooth, Shopify, or others. We may suspend or terminate access for violations.

17. Termination

We may suspend or terminate your access to the Services at any time. Sections that by their nature should survive termination will survive (including Health & Safety, Assumption of Risk, IP, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution).

18. Disclaimer of Warranties

Except as expressly provided in writing, the Services and products are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation.

19. Limitation of Liability

To the fullest extent permitted by law, EverSmooth and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, arising from or related to the Services or products, even if advised of the possibility. Our total liability for direct damages will not exceed the amount you paid for the product or service giving rise to the claim in the twelve (12) months preceding the event (or USD $100, whichever is greater). Some jurisdictions do not allow certain limitations; where prohibited, liability is limited to the maximum extent permitted.

20. Indemnification

You agree to indemnify, defend, and hold harmless EverSmooth, Shopify, and their respective affiliates, officers, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of the Services or products, or violation of law or third-party rights.

21. Dispute Resolution; Arbitration & Class-Action Waiver

Informal resolution. Before filing a claim, email shopeversmooth@gmail.com with “Dispute” in the subject and a description of your claim. We’ll try to resolve within 30 days.

Arbitration. If not resolved, any dispute, claim, or controversy arising from or relating to these Terms or the products will be resolved by binding arbitration under the Federal Arbitration Act, administered by JAMS or AAA under their consumer rules. You may bring claims in small-claims court in your county of residence if eligible.

No class actions. You and EverSmooth agree to arbitrate on an individual basis only; no class, consolidated, or representative proceedings.

Venue & fees. Arbitration may be conducted by video/phone or in the county where you reside. The arbitrator may award relief available in court. Each party bears its own attorneys’ fees unless the rules or applicable law provide otherwise.

Opt-out. You may opt out of arbitration by emailing shopeversmooth@gmail.com within 30 days of your first use or purchase with the subject “Arbitration Opt-Out,” including your name and address.

22. Severability

If any provision is held unlawful or unenforceable, it will be severed, and the remaining provisions will remain in full force.

23. Waiver; Entire Agreement

Our failure to enforce any right is not a waiver. These Terms, together with incorporated policies, are the entire agreement between you and EverSmooth and supersede prior agreements.

24. Assignment

You may not assign these Terms without our prior written consent. We may assign or transfer our rights and obligations without notice.

25. Governing Law

These Terms are governed by the laws of the state where EverSmooth is headquartered (without regard to conflicts-of-law principles) and applicable U.S. federal law. Subject to the arbitration provision above, you consent to jurisdiction and venue in those courts.

26. Headings

Headings are for convenience only and do not affect interpretation.

27. Changes to Terms

We may update these Terms at any time by posting a revised version with an updated “Last Updated” date. Where required by law, we will provide notice of material changes. Your continued use after changes constitutes acceptance.

28. Contact

Questions about these Terms: support@shopeversmooth.com