NuVair Terms of Service

Effective date: 1/15/2026
Last updated: 8/15/2026

These Terms of Service (“Terms”) govern your access to and use of the NuVair website, online store, products, content, features, customer-support channels and related services (collectively, the “Services”).

NuVair is operated by BETANCOURT ENT LLC (“NuVair,” “we,” “us” or “our”). Our online store is powered by Shopify, which provides the ecommerce platform used to offer and sell our products.

By visiting our website, creating an account, submitting an order or otherwise using the Services, you agree to these Terms and any policies referenced within them.

If you do not agree with these Terms, you should not use the Services or submit an order.

1. Eligibility

You must be at least the age of majority in your jurisdiction to purchase products from NuVair.

If you permit a minor to use the Services or a NuVair product, you confirm that you are the minor’s parent or legal guardian and accept responsibility for their use.

You may not use the Services if doing so would violate applicable law.

2. Customer Accounts

Certain features may require you to create a customer account.

You agree to:

• Provide accurate and current information;

• Keep your login credentials confidential;

• Update your information when it changes;

• Accept responsibility for activity conducted through your account; and

• Notify NuVair immediately if you believe your account has been accessed without authorization.

We may suspend or restrict an account if we reasonably believe it is being used fraudulently, unlawfully or in violation of these Terms.

3. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, prices, specifications and availability information are accurate.

However:

• Product colours may appear differently depending on your screen;

• Packaging may be updated from time to time;

• Minor product variations may occur;

• Product availability may change without notice; and

• Website information may occasionally contain errors.

We may correct errors, update information or cancel an affected order. If we cancel an order after payment has been collected, we will issue an appropriate refund.

No website photograph, description or illustration should be interpreted as guaranteeing results that are not expressly stated in these Terms or required by law.

4. NuVair Product Use

NuVair is an external nasal-support system designed to gently support the sides of the nose while worn.

You agree to:

• Read and follow all product instructions;

• Apply the product only to clean, dry and healthy skin;

• Use the appropriate band size;

• Use adhesive tabs only as instructed;

• Discontinue use if you experience pain, excessive pressure, irritation or another adverse reaction;

• Keep reusable components clean and properly stored;

• Keep adhesive tabs and small components away from children and pets;

• Avoid using damaged, altered or broken components; and

• Follow all manufacturer-provided magnetic and safety warnings.

Do not apply adhesive tabs to irritated, damaged, infected, sunburned or recently treated skin.

Customers with sensitive skin should test the adhesive for a short period before extended or overnight use.

You are responsible for determining whether the product is appropriate for your individual circumstances and using it according to the supplied instructions.

5. Medical and Wellness Disclaimer

NuVair provides general wellness and external nasal-support products. NuVair does not provide medical advice, diagnosis or treatment.

NuVair products are not intended to diagnose, treat, cure or prevent sleep apnea, respiratory disease, sinus disease or any other medical condition unless expressly authorized and stated on the product’s approved labelling.

Individual experiences may vary. Testimonials, reviews and customer experiences do not guarantee that another customer will receive the same result.

Information on our website is provided for general educational and product-information purposes and is not a substitute for professional medical advice.

Speak with a qualified healthcare professional if you:

• Have persistent breathing difficulties;

• Experience severe or ongoing snoring;

• Suspect sleep apnea;

• Have a respiratory or skin condition;

• Use an implanted or magnet-sensitive medical device;

• Are uncertain whether NuVair is appropriate for you; or

• Experience an unexpected reaction.

NuVair products must not be relied on during a medical emergency.

A disclaimer does not replace proper product authorization, accurate advertising or compliance with applicable health-product regulations.

6. Orders and Order Acceptance

Submitting an order is an offer to purchase the products in your cart.

After you submit an order, you may receive an automated confirmation. This confirms that we received your order but does not necessarily mean that the order has been accepted.

We may decline, limit or cancel an order for reasons including:

• Product unavailability;

• Incorrect pricing or product information;

• Suspected fraud or unauthorized payment;

• Shipping restrictions;

• Resale activity;

• Violation of these Terms;

• Technical errors; or

• Events outside our reasonable control.

If we cancel an order after payment has been collected, we will refund the affected amount to the original payment method.

We may limit quantities purchased per person, household, account, payment method or order.

Products purchased from NuVair are intended for personal use unless we provide written authorization for resale or commercial distribution.

7. Customer Information

You agree to provide accurate, complete and current information during checkout.

This includes:

• Full name

• Email address

• Telephone number

• Billing address

• Shipping address

• Payment information

NuVair is not responsible for delays, failed deliveries or additional expenses caused by incorrect or incomplete information submitted by the customer.

Contact us immediately if you need to correct an order. Changes cannot be guaranteed after fulfilment has begun.

8. Prices, Currency and Taxes

Product prices are displayed in the currency shown on the website or selected market.

Prices may change without notice, but a price change will not normally affect an order already accepted by NuVair.

Shipping fees, taxes, duties and other charges may be calculated and displayed during checkout.

International customers are responsible for customs duties, import taxes, brokerage fees or other charges imposed by their country unless checkout expressly states that those charges are included.

If a product is listed at an incorrect price, we may contact you for approval of the corrected price or cancel and refund the affected order. We will not charge a higher corrected price without your authorization.

9. Payments

You agree to provide valid payment information and authorize the applicable payment provider to charge the total shown at checkout.

Payments are processed by Shopify Payments or other third-party payment providers. Their services may be governed by additional terms and privacy policies.

We may use fraud-prevention systems to verify transactions. An order may be delayed or cancelled if payment cannot be authorized or if additional verification is reasonably required.

You represent that you are authorized to use the payment method submitted with your order.

10. Shipping and Delivery

Order-processing and delivery estimates are provided in our Shipping Policy and during checkout where applicable.

Delivery dates are estimates unless expressly identified as guaranteed. Delays may occur because of:

• Carrier disruptions;

• Customs processing;

• Weather;

• High order volume;

• Incorrect addresses;

• Public holidays;

• Supply interruptions; or

• Events outside our reasonable control.

If we cannot ship within the promised period, we will provide notice and offer any cancellation or refund rights required by applicable law.

Customers are responsible for monitoring tracking information and providing a safe, accessible delivery location.

Please review our Shipping Policy for information concerning processing times, tracking, customs, delayed shipments and missing packages.

11. Returns, Refunds and the 30-Day Comfort Guarantee

Eligible purchases are covered by our Returns & Refunds Policy, including the NuVair 30-Day Comfort Guarantee.

The guarantee applies subject to the conditions stated in that policy, including:

• Return-request deadlines;

• Product-use requirements;

• Return of all reusable bands;

• Hygiene restrictions;

• Return-shipping responsibilities; and

• Exclusions for misuse, excessive use or incomplete returns.

The Returns & Refunds Policy forms part of these Terms. If there is a conflict regarding a return or refund, the Returns & Refunds Policy will control unless applicable law requires otherwise.

12. Promotions and Discount Codes

Promotions, bundles and discount codes may be subject to separate conditions.

Unless otherwise stated:

• Promotions cannot be combined;

• Discounts have no cash value;

• Discounts cannot be applied to completed orders;

• Promotions may be limited by date, quantity, market or product;

• Free gifts cannot normally be exchanged for cash; and

• Promotional offers may be changed or withdrawn before an eligible order is placed.

If an order is returned, the refund will reflect the amount actually paid after discounts.

We may cancel orders involving unauthorized, duplicated, manipulated or fraudulently obtained discount codes.

13. Subscriptions and Automatic Deliveries

If NuVair introduces a subscription option for adhesive-tab refills or other products, the price, frequency, renewal terms and cancellation instructions will be displayed before purchase.

By purchasing a subscription, you authorize recurring charges according to the terms shown at checkout.

A separate Subscription and Cancellation Policy may apply. If no subscription option is selected, your purchase will not automatically renew.

14. Product Reviews and Customer Content

You may be able to submit reviews, photographs, videos, testimonials or other content.

By submitting content, you confirm that:

• It reflects your genuine experience;

• It is accurate to the best of your knowledge;

• You own the content or have permission to submit it;

• It does not violate another person’s rights;

• It does not contain unlawful, abusive or misleading material; and

• It does not contain private information belonging to another person.

You retain ownership of your content. By submitting it, you grant NuVair a non-exclusive, worldwide, royalty-free licence to display, reproduce and format the content for operating and promoting the NuVair website and products.

Where required, we will obtain additional permission before using your identifiable image or likeness in paid advertising.

We may remove content that is fraudulent, unrelated, unlawful, abusive or otherwise violates these Terms. We will not intentionally alter a genuine review in a way that changes its meaning.

NuVair does not guarantee the accuracy of opinions submitted by customers.

15. Intellectual Property

The Services and their content—including the NuVair name, logos, branding, product photographs, graphics, videos, text, packaging designs, website layout and other materials—are owned by or licensed to BETANCOURT ENT LLC and are protected by applicable intellectual-property laws.

You may use the Services only for personal, non-commercial shopping and informational purposes.

Without written permission, you may not:

• Copy or reproduce our content;

• Use NuVair branding to sell another product;

• Create misleading or counterfeit listings;

• Modify or distribute website materials;

• Scrape or extract website data;

• Use product photographs in another store;

• Reverse engineer protected technology; or

• Suggest a partnership or endorsement that does not exist.

16. Prohibited Uses

You may not use the Services:

• For unlawful, fraudulent or deceptive purposes;

• To violate another person’s rights;

• To submit false customer information;

• To place fraudulent orders or chargebacks;

• To interfere with website security;

• To transmit viruses or malicious code;

• To collect information about other users without authorization;

• To impersonate another person;

• To submit fake reviews;

• To abuse promotions or refund policies;

• To purchase products for unauthorized resale; or

• To engage in conduct that damages NuVair, Shopify, our service providers or other customers.

We may restrict access or cancel orders associated with prohibited conduct.

17. Third-Party Services and Links

The Services may contain links to third-party websites, platforms, applications, payment providers or social-media services.

NuVair does not control third-party services and is not responsible for their content, availability, security, policies or practices.

Your use of a third-party service is governed by that provider’s terms and privacy policy.

A link does not necessarily mean that NuVair endorses the third party.

18. Privacy

Our collection, use and disclosure of personal information are governed by the NuVair Privacy Policy.

By using the Services, you acknowledge that information may be processed by Shopify and other service providers required to operate the store, process payments, fulfil orders and provide customer support.

Review our Privacy Policy and Cookie Preferences for more information.

19. Availability and Modifications

We may update, modify, suspend or discontinue all or part of the Services where reasonably necessary.

We do not guarantee that:

• The website will always be available;

• Every feature will remain unchanged;

• Products will always remain in stock; or

• The Services will be free from every error or interruption.

We will not intentionally modify an accepted order without contacting you or providing any rights required by law.

20. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an “as available” basis.

Except for warranties expressly stated by NuVair or required by applicable law, we do not provide additional implied warranties concerning:

• Continuous website availability;

• Error-free operation;

• Individual product outcomes;

• Compatibility with every customer; or

• Information provided by third parties.

Nothing in these Terms excludes warranties, guarantees or consumer rights that cannot legally be excluded.

21. Limitation of Liability

To the maximum extent permitted by law, BETANCOURT ENT LLC, NuVair and our officers, employees, contractors, affiliates and service providers will not be liable for indirect, incidental, special or consequential losses arising from the use of the Services or products.

Where liability cannot legally be excluded, our total liability will be limited to the greater of:

• The amount paid for the product or order giving rise to the claim; or

• The minimum amount required under applicable law.

These limitations do not apply to liability that cannot legally be limited, including liability arising from fraud, wilful misconduct, gross negligence or certain personal-injury and consumer-protection claims.

22. Indemnification

To the extent permitted by law, you agree to indemnify and hold BETANCOURT ENT LLC, NuVair and our affiliates, employees, contractors and service providers harmless from claims, losses or expenses resulting from:

• Your unlawful use of the Services;

• Your material violation of these Terms;

• Your infringement of another person’s rights;

• Fraudulent activity; or

• Misuse or unauthorized modification of a NuVair product.

This section does not apply where a claim was caused by NuVair’s own unlawful conduct or negligence.

23. Events Outside Our Control

NuVair will not be responsible for a failure or delay caused by events outside our reasonable control, including:

• Natural disasters;

• Severe weather;

• Carrier interruptions;

• Customs delays;

• Labour disputes;

• Power or internet failures;

• Cyberattacks;

• Government action;

• Public-health emergencies;

• War or civil unrest; or

• Supply-chain disruptions.

This section does not remove any cancellation, refund or other rights provided by applicable law.

24. Suspension and Termination

We may suspend or terminate access to the Services if you materially violate these Terms, engage in fraud or create a security or legal risk.

Sections that reasonably should continue after termination—including intellectual property, liability, indemnification, governing law and dispute provisions—will remain in effect.

25. Electronic Communications

By using the Services, you agree that order confirmations, notices, policies and other communications may be provided electronically.

You are responsible for maintaining a valid email address and reviewing communications concerning your orders.

Marketing communications are subject to separate consent and unsubscribe rights.

26. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed only to the minimum extent necessary. The remaining provisions will continue in effect.

27. No Waiver

If NuVair does not immediately enforce a provision of these Terms, that does not waive our right to enforce it later.

28. Entire Agreement

These Terms and the policies referenced within them constitute the agreement between you and NuVair regarding use of the Services.

They replace prior discussions or communications concerning the same subject, except for terms expressly agreed to in writing.

29. Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

NuVair may transfer these Terms as part of a merger, acquisition, corporate reorganization or sale of the business, subject to applicable law.

30. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware and applicable federal laws of the United States, without regard to conflict-of-law rules.

Before beginning formal legal proceedings, you and NuVair agree to make a reasonable, good-faith effort to resolve the dispute by contacting the other party.

Where permitted by law, legal proceedings relating to these Terms will be brought in courts with jurisdiction in Delaware.

Nothing in this section deprives a customer of mandatory consumer protections or the right to bring a claim in another location where applicable law does not permit that right to be restricted.

31. Changes to These Terms

We may update these Terms to reflect changes to:

• Our products or Services;

• Business operations;

• Technology;

• Legal requirements; or

• Policies.

The revised Terms will be posted with an updated “Last updated” date. Changes will apply prospectively unless applicable law requires otherwise.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those Terms where permitted by law.

32. Contact NuVair

Questions about these Terms should be directed to:

NuVair Customer Support
Operated by: BETANCOURT ENT LLC
Email: nuvaircustomersupport@gmail.com
Mailing address: 63 Rocky Mountain Crescent, Brampton, Ontario, Canada