Terms of service
Last updated: August 18, 2026
OVERVIEW
Welcome to ten pm skin. The terms “we,” “us,” and “our” refer to ten pm skin. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your province, state, or territory of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS AND COSMETIC USE
We make reasonable efforts to accurately represent our products and services in our online store. However, colours and product appearance may differ from how they appear on your screen because of your device type, display settings, and configuration.
To the extent permitted by applicable law, we do not warrant that the appearance or quality of any product or service purchased by you will meet your expectations or be identical to how it is depicted or rendered in our online store.
Product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Our skincare products are cosmetics for external use only. They are not intended to diagnose, treat, cure, or prevent any disease, and information provided through the Services is not medical advice.
Individual experiences and results may vary. Before use, review the complete ingredient list, directions, and warnings on the product and packaging, follow all instructions, and consider testing the product on a small area of skin. Do not use a product if you know you are allergic or sensitive to one of its ingredients. Avoid direct contact with the eyes unless the product is specifically intended for that area.
Stop using the product if irritation or another unexpected reaction occurs. Seek advice from a qualified healthcare professional when appropriate, including if a reaction persists or you have questions about using a product with a medical condition, during pregnancy, or while nursing.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any lawful reason. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
Returns, exchanges, and refunds are governed by our Return and Refund Policy in effect at the time of purchase and by applicable consumer-protection law. Nothing in these Terms limits a non-waivable right or remedy available to you under applicable law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, brokerage fees, or import charges.
From time to time, we may offer promotions governed by terms and conditions separate from these Terms. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.
The currency displayed at checkout and identified in your order confirmation is the currency that applies to your purchase. Your bank, card issuer, or payment provider may apply currency-conversion charges, foreign-transaction fees, or other charges that we do not control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your information, including your email address and payment-card details, so that we can complete transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges, duties, and taxes.
SECTION 5 – SHIPPING AND DELIVERY
We currently ship to eligible addresses in the United States and Canada. Available destinations and shipping methods may change and will be shown at checkout. For more information, review our Shipping Policy.
Delivery dates and transit times are estimates unless we expressly state otherwise. If we cannot ship an order within the time stated when you placed it, we will provide notice and, where required by law, give you the choice to accept a revised shipment date or cancel the affected order for a refund. To the extent permitted by applicable law, we are not responsible for carrier delays, customs processing, severe weather, labour disruptions, or other events outside our reasonable control after shipment.
Customers are responsible for applicable customs duties, import taxes, brokerage fees, and similar charges unless we expressly state otherwise at checkout. Title and risk of loss pass in accordance with applicable law and the shipping terms disclosed at checkout. Nothing in this section limits rights you may have under applicable consumer-protection law.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by or licensed to ten pm skin and are protected by Canadian and other applicable copyright, trademark, patent, and intellectual-property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as permitted by applicable law. Except as expressly provided herein, nothing in these Terms grants you a licence or other right under any patent, trademark, copyright, or other intellectual property of ten pm skin, Shopify, or any third party. All rights not expressly granted are reserved.
ten pm skin names, logos, product and service names, designs, and slogans are trademarks of ten pm skin or its affiliates or licensors. You must not use these marks without our prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services. We do not monitor or control these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. To the extent permitted by applicable law, we have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools is at your own risk and discretion. You should review and understand the terms under which the relevant third-party provider makes each tool available.
We may offer new features, tools, and resources through the Services in the future. Such features will be deemed part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party materials or websites. If you leave the Services to access third-party materials or websites, you do so at your own risk.
To the extent permitted by applicable law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Review the third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ten pm skin is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with Kitsune Labs Inc., doing business as ten pm skin. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and us, including injury, damage, or loss resulting from purchased products or services. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with us.
SECTION 10 – PRIVACY POLICY
Personal information we collect through the Services is governed by our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have had an opportunity to review these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and other service providers, including providers located outside your province, state, or country of residence. Review our Privacy Policy for more information about how we, Shopify, and our service providers process personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial use. We may use Feedback to operate, evaluate, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in violation of another party’s intellectual-property rights or these Terms.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Feedback must not contain unlawful, abusive, or obscene material, computer viruses, or other malware. You must not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information made available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. Subject to applicable law, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after you submit an order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for an unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, territorial, or local law, regulation, rule, or ordinance; (c) to infringe our intellectual-property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm us, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others without authorization; (d) spam, phish, pharm, scrape, or pretext the Services; (e) use a robot, spider, scraping or data-extraction tool, automated device or process, AI tool (including agentic AI), or automated or manual means to access the Services except as expressly permitted by us; or (f) interfere with, bypass, or circumvent security or authorization features, robot-exclusion headers, or other measures used to restrict access to the Services. We reserve the right to suspend, disable, or terminate access if we reasonably determine that you have violated these Terms.
SECTION 14 – AGENTS
14.1 This section (the “Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with section 14.4. No Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
14.3 We may use technical or other measures to limit whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify each HTTP or HTTPS request as originating from an Agent and disclose the Agent’s name in the user-agent string using the format “Agent/[agent name]”; (ii) not conceal or obscure that access, use, or interactions originate from an Agent, including by mimicking human behaviour or completing or circumventing CAPTCHAs or measures intended to distinguish computers from humans; (iii) respond truthfully to questions or prompts intended to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate these Terms or your access to the Services, in whole or in part, if you violate these Terms or as otherwise permitted by applicable law. You remain liable for amounts properly due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY US AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ten pm skin, AND OUR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, OR LIMITS RIGHTS OR REMEDIES AVAILABLE TO YOU UNDER APPLICABLE CONSUMER-PROTECTION LAW.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ten pm skin, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, claims, and reasonable legal fees arising from: (1) your material breach of these Terms or documents incorporated by reference; (2) your violation of applicable law or a third party’s rights; or (3) your misuse of the Services.
We will provide reasonable notice of an indemnifiable claim. Failure to promptly notify you will relieve you of your obligations only to the extent you are materially prejudiced. Subject to applicable law, we may control the defence and settlement of the claim at your expense, including the choice of counsel, but will not settle a claim that imposes a non-monetary obligation on you without your consent, which must not be unreasonably withheld. You agree to reasonably cooperate in the defence of indemnified claims.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us regarding the Services constitute the entire agreement between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, concerning that subject matter.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, and any unauthorized attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations as part of a merger, acquisition, corporate reorganization, sale of assets, or other lawful business transaction, subject to applicable law.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements through which we provide the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any rights you may have under applicable consumer-protection law to bring a proceeding in another jurisdiction, you and ten pm skin submit to the exclusive jurisdiction of the courts located in Ontario, Canada.
SECTION 23 – HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting an updated version on our website. We will provide notice of material changes as required by applicable law. Changes will take effect on the date specified in the notice or, if no date is specified, when posted. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to support@tenpmskin.com.