Terms of service

Last Updated 09/29/2025

1) Overview

Welcome to EZ Smart Tools operated by EZ Smart Co. (“EZ Smart Co.,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, online store, and related services, features, and content (collectively, the “Services”). Our Services are hosted by Shopify Inc. (“Shopify”). By visiting or using the Services, you agree to these Terms and our [Privacy Policy] and [Refund Policy]. If you do not agree, do not use the Services.

2) Eligibility; Accounts

You represent that you are at least the age of majority in your state or province of residence and, if you permit a minor to use a device you own or manage to access the Services, you accept responsibility for their use.
When you create an account or submit information (e.g., email, billing, shipping, payment), you agree it is accurate and complete and that you have rights to provide it. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You may not transfer, sell, or license your account.

3) Products & Content

We strive to describe products accurately, but the appearance (including color) may vary by device and settings. We may change or discontinue products at any time and may limit quantities per person, household, or order.

4) Orders & Acceptance

Your order is an offer to buy. We may accept or reject any order in our discretion, including for availability, errors, or suspected fraud. An order is accepted when we send a confirmation and process your payment. Please review orders carefully—cancellation requests may not be accommodated after acceptance. If we reject or cancel, we’ll attempt to contact you using the details you provided. Purchases are for personal/household use and not for resale or export unless we agree in writing. All purchases are subject to our [Refund Policy].

5) Pricing, Taxes & Billing

Prices, promotions, and discounts may change without notice. The price at checkout is the price in effect when you place the order. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import fees. You authorize us (and our payment processors) to charge your payment method for the total amount. You agree your payment info is current and that you will promptly update it as needed.

6) Shipping, Risk of Loss & Delivery

Shipping times are estimates and 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 beyond our control. For delivery issues, please contact the carrier with your tracking information.

7) Third-Party Services & Links

The Services may offer optional tools, apps, or links operated by third parties (including Shopify functionality). Use of third-party offerings is at your own risk and may be subject to their terms and privacy policies. We do not control and are not responsible for third-party materials, products, or services.

8) Relationship with Shopify

Shopify hosts our store. Sales are made by EZ Smart Co., not Shopify. You agree that Shopify is not responsible for any transaction between you and us, and you release Shopify from claims arising from such transactions.

9) Intellectual Property; License to Reviews/Feedback

The Services (including text, graphics, logos, photos, video, audio, design, and arrangement) are owned by EZ Smart Co. or our licensors and are protected by IP laws. You may use the Services for personal, non-commercial purposes only. Except as permitted by law, you may not copy, modify, distribute, publicly display, create derivative works from, or otherwise exploit the Services without our written consent.
If you submit reviews, photos, suggestions, or feedback (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute that Feedback for any purpose. You represent you have all rights necessary and that your Feedback complies with these Terms and applicable law. We may moderate or remove content in our discretion.

10) Acceptable Use

You agree not to misuse the Services, including by: (a) violating laws or others’ rights; (b) infringing IP; (c) harassing, defaming, or abusing others; (d) submitting false, misleading, or deceptive content; (e) uploading malware; (f) spamming, scraping, or data-harvesting; (g) attempting to bypass security; or (h) interfering with others’ use of the Services. We may suspend or terminate access for violations.

11) Electronic Communications & Consent

By using the Services or contacting us, you consent to receive communications electronically (e.g., emails, on-site messages) related to your orders and the Services. [For marketing emails/SMS, we will obtain your separate opt-in where required and you can opt out at any time as described in our Privacy Policy.]

12) Copyright Complaints

If you believe content on the Services infringes your copyright, please send a notice to [hello@ezsmarttools.com] with: (i) identification of the work and the allegedly infringing material; (ii) contact info; (iii) a statement of good-faith belief; (iv) a statement under penalty of perjury that the notice is accurate and you are the rights holder or authorized agent; and (v) your signature.

13) Errors & Availability

We may correct errors, inaccuracies, or omissions (including pricing, availability, or shipping info) and may cancel orders affected by such issues even after submission.

14) Disclaimer of Warranties

Except as expressly stated by EZ Smart Co. in writing, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow limitations on implied warranties; if so, these limitations may not apply to you.

15) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EZ SMART CO. AND OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; OR FOR REPLACEMENT COSTS.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT YOU PAID TO EZ SMART CO. FOR THE PRODUCT OR SERVICE AT ISSUE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

16) Indemnification

You agree to defend, indemnify, and hold harmless EZ Smart Co. and our affiliates, officers, directors, employees, agents, and suppliers from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (a) use of the Services, (b) violation of these Terms or applicable law, or (c) violation of any third-party right.

17) Termination

We may suspend or terminate access to the Services at any time with or without notice, including for violations of these Terms. Sections that by nature should survive (including IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Miscellaneous) will survive termination.

18) Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, supply shortages, pandemics, war, terrorism, government actions, or internet/service interruptions.

19) Governing Law; Venue

These Terms and any dispute between you and EZ Smart Co. are governed by the laws of the State of Nebraska, without regard to its conflicts rules. You and EZ Smart Co. agree to the exclusive jurisdiction and venue of the state and federal courts located in Douglas County, Nebraska and consent to personal jurisdiction in such courts.

20) Assignment

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

21) Severability; No Waiver

If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver.

22) Changes to the Services or Terms

We may update the Services and these Terms from time to time. We will post changes to this page and, where required by law, provide additional notice. Changes take effect on the date posted (or the effective date in the notice). Your continued use after changes means you accept them.

23) Contact

Questions? Email hello@ezsmarttools.com or write to: EZ Smart Co.

1106 35th Ave

Council Bluffs

Iowa, 51501