Terms of service
Last updated: June 10, 2026
Welcome to Noctiv. The terms “we,” “us,” and “our” refer to Noctiv, the operator of the website noctivhealth.com, including all related content, features, products, and services (the “Services”). Noctiv is powered by Shopify. These Terms of Service (“Terms”), together with our Privacy Policy, Refund Policy, Shipping Policy, and Subscription Policy (each incorporated by reference), describe your rights and responsibilities when you use the Services. By visiting, accessing, or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.
1. Health & Supplement Disclaimer
Noctiv is a dietary supplement. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Noctiv is not a treatment for sleep apnea and is not a substitute for your CPAP therapy, medical treatment, or the advice of a licensed healthcare provider. It is meant to be used alongside your prescribed therapy. Always consult your physician before starting any supplement, especially if you are pregnant or nursing, have a medical condition, or take medication. Do not exceed the recommended dose. Keep out of reach of children. Individual results vary, and any testimonials reflect individual experiences, not guaranteed outcomes.
2. Eligibility & Accounts
You must be at least the age of majority in your state of residence to use the Services and to purchase. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality and security of your account and password. You are responsible for all activity under your account. Notify us immediately if you believe your account has been compromised.
3. Electronic Communications & Marketing
By providing your email or phone number, you consent to receive communications from us related to your orders and account. With your consent, you may also receive marketing emails or text messages; message and data rates may apply, and you can opt out at any time by following the unsubscribe instructions in our emails or replying STOP to texts. Opting out of marketing will not affect transactional messages about your orders.
4. Products & Availability
We’ve made every effort to display our products accurately, but actual appearance, packaging, and labeling may vary, and colors may differ depending on your device. Product descriptions, ingredients, pricing, and availability may change at any time without notice. We reserve the right to limit quantities or discontinue any product.
5. Orders & Acceptance
When you place an order, you are making an offer to purchase. We may accept or decline any order, in whole or in part, at our discretion. Your order is not accepted until we confirm it and successfully process payment. We may cancel or adjust an order due to errors, suspected fraud, or stock issues, and will notify you using the contact details you provided. Purchases are for personal, non-commercial use and not for resale.
6. Pricing, Billing & Taxes
Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect when your order is placed, as shown in your order confirmation. Posted prices do not include applicable taxes unless stated; taxes are calculated at checkout where required. You represent that the payment information you provide is accurate and that you are authorized to use the payment method.
7. Subscriptions & Automatic Renewal
If you purchase a subscription, you authorize us to automatically charge your payment method on file at the subscription price, on the recurring schedule shown at checkout, until you cancel. Your subscription will automatically renew, and we will continue to charge your payment method, until you cancel. You may cancel, pause, or modify your subscription at any time from your account or by emailing Noctivcontact@gmail.com; to avoid an upcoming charge, make changes at least 24 hours before your next billing date. See our Subscription Policy and Refund Policy for full details.
8. Promotions & Discounts
Promotions, discount codes, free gifts, and bundles may be subject to additional terms, may be modified or discontinued at any time, cannot be combined unless stated, and have no cash value. Free Welcome Kit bonuses are provided as digital items with qualifying orders.
9. Shipping
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control. Title and risk of loss pass to you once we transfer the products to the carrier. See our Shipping Policy.
10. Returns & Refunds
Returns and refunds are governed by our Refund Policy, including our 90-day money-back guarantee.
11. Reviews & User Content
If you submit reviews, comments, photos, or other content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, and display that content in connection with our business. You represent that your content is accurate, is your own, and does not violate any third party’s rights. We may, but are not obligated to, monitor, edit, or remove content at our discretion.
12. Intellectual Property
The Services, including all trademarks, logos, text, images, graphics, and their selection and arrangement, are owned by Noctiv or its licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only and may not copy, reproduce, distribute, modify, or create derivative works without our prior written consent.
13. Prohibited Uses
You may use the Services for lawful purposes only. You agree not to use the Services to violate any law or regulation; infringe any rights; transmit false, misleading, or harmful content; upload viruses or malicious code; harvest data about others; harass or harm anyone; or interfere with, disrupt, or circumvent the security or operation of the Services. We may suspend or terminate access for violations.
14. Third-Party Links & Tools
The Services may contain links to third-party websites or make third-party tools available. We do not control and are not responsible for the content, accuracy, or practices of third parties. Your use of third-party sites and tools is at your own risk and subject to their terms.
15. Relationship with Shopify
Noctiv is powered by Shopify, but any sales and purchases you make are made directly with Noctiv. Shopify is not responsible for any aspect of those transactions, and you release Shopify and its affiliates from any claims arising from your purchases.
16. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED, 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO THEY MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NOCTIV AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
18. Indemnification
You agree to indemnify and hold harmless Noctiv, Shopify, and our affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or your violation of any law or third-party right.
19. Governing Law & Disputes
These Terms are governed by the laws of the United States and the state in which Noctiv operates, without regard to conflict-of-law principles, and you consent to the jurisdiction of the courts located there. You agree to first contact us to attempt to resolve any dispute informally before pursuing formal action.
20. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, carrier disruptions, labor issues, supply shortages, or governmental actions.
21. Severability, Waiver & Assignment
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them without restriction.
22. Entire Agreement & Changes
These Terms, together with the policies referenced here, are the entire agreement between you and us regarding the Services. We may update these Terms at any time by posting the revised version on this page with an updated date. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
23. Contact
Questions about these Terms? Email us at Noctivcontact@gmail.com — noctivhealth.com.