← Back to Dusk
Policy

Terms of Service

Last Updated: July 5, 2026

Welcome to Dusk™.

These Terms of Service (“Terms”) govern your access to and use of the Dusk™ website, checkout, products, digital materials, and related services. By visiting our website, placing an order, or using any Dusk™ product or material, you agree to these Terms.

If you do not agree to these Terms, please do not use the website or purchase Dusk™ products.

1. Who We Are

Dusk™ is an ecommerce brand selling screen-free nighttime wind-down products and related digital materials.

Purchases are processed through Shopify and may be fulfilled using third-party service providers, including payment processors, digital delivery providers, shipping carriers, and fulfillment partners.

For support, contact support@trydusksleep.com.

This support email may be updated if Dusk™ moves to a branded support email in the future.

2. Eligibility to Purchase

You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase from Dusk™.

By placing an order, you confirm that you are legally able to enter into a binding contract.

If you purchase a Dusk™ product for another person, including a minor, you are responsible for ensuring that the product is appropriate for that person and is used only as directed.

3. Acceptance of Terms

By accessing the website, placing an order, submitting payment information, or using a Dusk™ product, you agree to these Terms, our Privacy Policy, Shipping Policy, and Refund Policy.

Our Privacy Policy, Shipping Policy, and Refund Policy are incorporated into these Terms by reference.

4. Product Positioning and No Medical Claims

Dusk™ products are designed for general lifestyle, comfort, atmosphere, and nighttime-routine support only.

Dusk™ products are not medical devices.

Dusk™ products are not intended to diagnose, treat, cure, prevent, or mitigate any disease, disorder, medical condition, sleep disorder, anxiety condition, or health condition.

Dusk™ does not provide medical advice.

Dusk™ does not guarantee any specific sleep result, sleep duration, sleep quality, health outcome, or personal outcome.

Individual experiences may vary.

If you have a medical condition, implanted medical device, heart condition, epilepsy, seizure condition, skin sensitivity, allergies, are pregnant, or have any health-related concern, consult a qualified healthcare professional before using Dusk™ products.

5. Product Descriptions and Availability

We try to describe Dusk™ products as accurately as possible.

However, product images, packaging, colors, materials, finishes, dimensions, accessories, and details may vary slightly from what appears on the website due to supplier updates, screen settings, photography, production differences, or fulfillment changes.

Prices, offers, bundles, availability, and product details may change at any time without notice.

We reserve the right to correct errors, update product information, cancel orders, limit quantities, or refuse orders when necessary.

6. Orders and Order Acceptance

Placing an order does not guarantee acceptance of the order.

Your order is an offer to purchase. We may accept, refuse, limit, or cancel any order at our discretion, including but not limited to cases involving suspected fraud, payment issues, pricing errors, product availability, shipping restrictions, fulfillment issues, or incorrect customer information.

If we cancel an order after payment has been captured, we will issue a refund for the amount charged.

7. Payment Processing

Payments are processed by third-party payment providers, including Shopify and/or its payment partners.

Dusk™ does not receive, store, or control your full payment card number.

By submitting payment information, you agree that your payment may be processed by third-party payment providers according to their terms, policies, and security procedures.

8. Shipping, Delivery, and Fulfillment

Shipping timelines, shipping costs, fulfillment details, and delivery expectations are described in our Shipping Policy.

Shipping estimates are estimates only and are not guaranteed delivery dates.

Dusk™ is not responsible for delays caused by carriers, customs, supplier delays, incorrect addresses, weather events, natural disasters, labor disruptions, lost access to delivery locations, or events outside our reasonable control.

Customers are responsible for entering a complete and accurate shipping address at checkout.

9. Returns, Refunds, and 30-Night Comfort Guarantee

Returns, refunds, damaged items, incorrect items, defective items, and our 30-night comfort guarantee are governed by our Refund Policy.

Refunds are not automatic.

Customers must contact support and follow the instructions in the Refund Policy.

Approved refunds are issued to the original payment method when possible.

10. Digital Materials

Some Dusk™ purchases may include digital materials, including the Digital Dusk Wind-Down Protocol.

Digital materials are for personal use only.

You may not copy, resell, distribute, upload, share, sublicense, modify, or commercially exploit Dusk™ digital materials without written permission.

Digital materials are educational and lifestyle-based only. They are not medical advice, professional health advice, or a treatment plan.

11. Proper Use and Safety

Use all Dusk™ products only as directed.

Read and follow all product instructions, warnings, labels, charging instructions, safety notices, and included materials before use.

Do not use any Dusk™ product in a way that is unsafe, unintended, modified, reckless, or inconsistent with product instructions.

Inspect products before use. Do not use any product that appears damaged, leaking, swollen, cracked, frayed, overheated, defective, unusually hot, unusually smelling, or otherwise unsafe.

Stop using any product immediately if you experience irritation, discomfort, pain, dizziness, skin reaction, allergic reaction, unusual sensation, overheating, electrical issue, smoke, burning smell, leakage, swelling, sparking, melting, property damage, or any other adverse or unsafe condition.

If symptoms continue or if you have concerns, consult a qualified healthcare professional.

If a product appears unsafe, stop use immediately and contact Dusk™ support at support@trydusksleep.com.

12. Electronic Product Warnings

Dusk Calm Touch and Dusk Hush may be battery-powered electronic products.

Use electronic products only as directed and only with charging equipment that is compatible with the product instructions.

Do not submerge electronic products in water.

Do not expose electronic products to extreme heat, direct flame, excessive moisture, liquid spills, unsafe charging conditions, or flammable materials.

Do not open, modify, puncture, crush, repair, disassemble, or tamper with electronic products.

Do not use an electronic product if the battery, cable, charging port, shell, wiring, internal parts, or accessories appear damaged.

Do not use electronic products while sleeping unless the product instructions specifically allow it.

Do not use electronic products while charging unless the product instructions specifically allow it.

Do not charge electronic products on beds, blankets, pillows, upholstered furniture, paper, carpet, or other flammable surfaces.

Do not leave electronic products charging unattended for extended periods.

Stop use immediately if an electronic product becomes unusually hot, emits smoke, gives off an unusual odor, leaks, swells, sparks, melts, makes unusual sounds, or appears unsafe.

Keep electronic products away from small children and pets.

13. Dusk Calm Touch Warning

Dusk Calm Touch is a lifestyle wind-down product.

It is not a medical device.

Do not use Dusk Calm Touch if you have an implanted medical device, pacemaker, defibrillator, electronic medical implant, heart condition, epilepsy, seizure condition, are pregnant, or have any medical concern unless you first consult a qualified healthcare professional.

Use only as directed.

Stop use immediately if you experience discomfort, pain, irritation, dizziness, unusual sensation, or any adverse reaction.

14. Dusk Hush Warning

Dusk Hush is intended for general nighttime atmosphere and wind-down support only.

Do not use Dusk Hush at unsafe volume levels.

Do not use Dusk Hush in a way that prevents you from hearing important alarms, emergency sounds, children, pets, or safety alerts.

Do not use Dusk Hush while driving, operating machinery, walking near traffic, or doing anything requiring full awareness.

15. Dusk Wind-Down Mist Warning

Dusk Wind-Down Mist is intended for external atmospheric or routine use only, as described in the product instructions.

Do not ingest.

Avoid contact with eyes.

Keep away from children and pets.

Do not use on sensitive surfaces unless tested first.

If irritation, allergy symptoms, or discomfort occurs, stop use immediately.

Customers with fragrance sensitivities, allergies, asthma, skin sensitivity, pregnancy, or medical concerns should consult a qualified professional before use.

16. Dusk Ember Diffuser Warning

Use the Dusk Ember Diffuser only as directed.

Keep it on a stable, flat, dry, heat-safe, and surface-safe area.

Keep away from flammable materials, fabrics, bedding, curtains, paper, direct flame, excessive heat, children, and pets.

Do not use in unsafe, enclosed, unstable, wet, overheated, or poorly ventilated conditions.

Do not place on delicate, unfinished, painted, porous, or heat-sensitive surfaces unless the surface is protected and the product instructions allow it.

Do not leave any product operating in a way that conflicts with its instructions.

Stop use immediately if you notice overheating, unusual odor, smoke, surface damage, leaking, melting, discoloration, or any unsafe condition.

17. Dusk Ritual Mask Warning

Use the Dusk Ritual Mask only as directed.

Do not use if it causes discomfort, pressure, irritation, breathing obstruction, or skin reaction.

Do not use on infants or young children.

Keep away from open flame, excessive heat, and unsafe conditions.

18. Customer Responsibility

You are responsible for using Dusk™ products safely and only as directed.

You are responsible for reviewing product descriptions, warnings, ingredients, materials, instructions, charging instructions, safety notices, and policies before purchase and use.

You are responsible for determining whether a product is appropriate for your own use or for the use of anyone you purchase it for.

You are responsible for keeping products away from children, pets, flammable materials, unsafe surfaces, water, excessive heat, and other unsafe conditions.

Dusk™ is not responsible for harm, loss, damage, or injury caused by misuse, failure to follow instructions, ignoring warnings, unauthorized modification, unsafe charging, improper storage, improper placement, use by an unsuitable person, use with known sensitivities, use of damaged products, or use outside the intended purpose of the product.

19. Product Safety Reports and Safety Actions

If you believe a Dusk™ product is defective, unsafe, overheating, damaged, causing irritation, causing an adverse reaction, creating an electrical issue, creating a fire risk, damaging property, or causing any injury or safety concern, stop using the product immediately and contact Dusk™ support at support@trydusksleep.com.

When contacting support about a safety concern, please provide your order number, a description of the issue, photos or video if available, and whether any injury, property damage, overheating, smoke, fire, leakage, swelling, melting, or electrical issue occurred.

Do not continue using a product after a suspected safety issue.

Do not throw away or alter the product if a serious safety concern occurred unless necessary for immediate safety.

Dusk™ may review safety reports, request additional information, contact suppliers or fulfillment partners, pause sales of an affected product, issue a refund or replacement, update product instructions, cancel affected orders, stop selling a product, or take other safety-related action where appropriate.

Nothing in this section limits any rights or protections that cannot legally be limited.

20. Prohibited Uses

You agree not to:

21. Customer Reviews and Testimonials

If you submit a review, testimonial, photo, video, comment, message, or other content to Dusk™, you confirm that it reflects your genuine experience.

By submitting content, you grant Dusk™ a non-exclusive, royalty-free, worldwide license to use, display, reproduce, edit, publish, and share that content for marketing, website, customer support, or business purposes.

Dusk™ does not fabricate reviews, fake customer results, fake customer counts, or undisclosed paid testimonials.

We may reject, remove, or edit customer-submitted content for clarity, length, privacy, offensive content, unsupported medical claims, or legal compliance.

22. Intellectual Property

The Dusk™ name, logo, product names, website design, product descriptions, photography, graphics, digital materials, written content, and brand assets are owned by Dusk™ or its licensors.

You may not copy, reproduce, modify, distribute, display, resell, or create derivative works from Dusk™ content without written permission.

23. Third-Party Services

Dusk™ may use third-party services to operate the website, process payments, fulfill orders, deliver digital materials, provide shipping, run analytics, and support advertising.

These third-party services may include Shopify, Shopify Payments or other payment processors, Filemonk, Zendrop, shipping carriers, analytics tools, and advertising platforms.

Dusk™ is not responsible for third-party service interruptions, delays, errors, outages, or policy changes outside our reasonable control.

Your use of third-party checkout, payment, shipping, or digital delivery systems may also be subject to those third parties’ terms and policies.

24. Disclaimer of Warranties

Except for the express 30-night comfort guarantee described in our Refund Policy, the website, products, digital materials, and services are provided “as is” and “as available.”

To the fullest extent permitted by law, Dusk™ disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, reliability, and availability.

Dusk™ does not warrant that the website will be error-free, uninterrupted, secure, or available at all times.

Dusk™ does not warrant that any product will produce a specific personal, emotional, sleep, comfort, relaxation, or health outcome.

25. Limitation of Liability

To the fullest extent permitted by law, Dusk™, its owners, operators, suppliers, service providers, fulfillment partners, payment processors, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes, but is not limited to, loss of profits, loss of data, loss of goodwill, emotional distress, inconvenience, business interruption, replacement costs, or other intangible losses arising from or related to your use of the website, checkout, products, digital materials, or services.

To the fullest extent permitted by law, Dusk’s total liability for any claim arising from or relating to your purchase, use of a product, use of the website, or use of any Dusk™ service is limited to the amount you paid for the product giving rise to the claim.

Dusk™ is not responsible for damages caused by misuse, failure to follow instructions or warnings, unauthorized modification, unsafe charging, use of damaged products, improper storage, improper placement, or use outside the intended purpose of the product.

Nothing in these Terms limits liability that cannot legally be limited, including liability for gross negligence, willful misconduct, or personal injury caused by a defective product where such limitation is not permitted by applicable law.

26. Indemnification

You agree to indemnify, defend, and hold harmless Dusk™, its owners, operators, suppliers, service providers, fulfillment partners, payment processors, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, expenses, or demands, including reasonable attorneys’ fees, arising out of or related to:

27. Force Majeure

Dusk™ is not responsible for delays, failures, losses, or interruptions caused by events beyond our reasonable control.

This includes, but is not limited to, supplier delays, carrier delays, customs delays, platform outages, payment processor issues, natural disasters, extreme weather, labor disputes, war, terrorism, government action, power failures, internet failures, or supply-chain disruptions.

28. Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles.

Nothing in these Terms limits any non-waivable rights or protections that you may have under applicable consumer protection laws.

29. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

This section is intended to be interpreted broadly, but only to the fullest extent permitted by applicable law. Nothing in this section limits rights, remedies, claims, or protections that cannot legally be limited, waived, or required to be arbitrated.

A. Informal Dispute Resolution

Before filing any formal claim, you and Dusk™ agree to first try to resolve the dispute informally.

To start the informal dispute process, you must contact Dusk™ at support@trydusksleep.com and provide:

Dusk™ may request additional information that is reasonably necessary to review the dispute.

If the dispute is not resolved within sixty (60) days after Dusk™ receives a complete written notice, either party may begin arbitration or another permitted proceeding under this section.

B. Agreement to Binding Arbitration

Except for the exceptions listed below, you and Dusk™ agree that any claim, dispute, or controversy arising out of or relating to:

will be resolved by binding individual arbitration rather than in court.

The Federal Arbitration Act, federal arbitration law, and applicable consumer arbitration rules govern this arbitration agreement.

The arbitrator will have authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that courts will decide issues relating to the enforceability, validity, or scope of the class action waiver below.

C. Arbitration Provider and Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this section.

If AAA is unavailable, unwilling, or unable to administer the arbitration, the parties will work in good faith to select another reputable consumer arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitration provider or arbitrator consistent with this section.

The arbitration will be conducted by a single neutral arbitrator.

D. Arbitration Location and Format

To make the process fair and accessible for consumers, arbitration may be conducted by video conference, telephone, written submissions, or another remote method allowed by the arbitration provider's rules.

If an in-person hearing is required, it will take place in the county where you live unless the parties agree otherwise, the arbitration provider requires a different location, or applicable law requires a different location.

Dusk™ will not require a consumer to travel to Nevada for arbitration unless the consumer agrees or the law permits and the arbitration provider determines it is fair.

E. Arbitration Fees and Costs

Payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules, the arbitration provider's consumer fee schedule, and applicable law.

Dusk™ will pay arbitration fees and arbitrator compensation to the extent required by the AAA Consumer Arbitration Rules, the arbitration provider's consumer fee schedule, or applicable law.

If the arbitrator determines that a claim was filed for an improper purpose, was frivolous, or was brought in bad faith, the arbitrator may award fees or costs only to the extent permitted by applicable law and the arbitration provider's rules.

Nothing in this section prevents either party from seeking recovery of fees or costs where applicable law allows it.

F. Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, either party may:

If a court determines that any claim for public injunctive relief must proceed in court, that claim may be stayed until the individual arbitration is completed, to the extent permitted by law.

G. Product Safety and Regulatory Matters

Nothing in this section limits Dusk's ability or obligation to investigate, report, respond to, or take action regarding product safety issues, defective products, recalls, regulatory requests, government investigations, consumer safety reports, or legally required safety obligations.

Nothing in this section prevents a customer from reporting a product safety concern to Dusk™, a government agency, a regulator, a consumer protection agency, or another authority.

Nothing in this section limits rights or remedies related to product injury, defective products, property damage, or safety issues where applicable law does not allow such rights or remedies to be limited, waived, or required to arbitration.

H. Class Action and Representative Action Waiver

YOU AND DUSK™ AGREE THAT ALL DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

You and Dusk™ agree not to bring, participate in, or seek relief through any class action, class arbitration, collective action, consolidated action, private attorney general action, or representative action, except where such waiver is prohibited by applicable law.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party's claim.

The arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding unless both you and Dusk™ agree in writing after the dispute arises.

If the class action waiver in this section is found to be invalid or unenforceable as to a particular claim, then that claim will not be arbitrated and must proceed in court, unless the parties agree otherwise. The rest of this arbitration section will continue to apply to any claims that can still be arbitrated on an individual basis.

I. Jury Trial Waiver

IF A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DUSK™ EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

This jury trial waiver does not apply where such a waiver is prohibited by applicable law.

J. 30-Day Opt-Out Right

You may opt out of this arbitration agreement and class action waiver within thirty (30) days after your purchase.

To opt out, you must email Dusk™ at support@trydusksleep.com with the subject line "Arbitration Opt-Out" and include:

Opting out of this arbitration agreement will not affect any other part of these Terms, your purchase, your warranty rights, your refund rights, or your ability to use Dusk™ products.

If you do not opt out within thirty (30) days, this arbitration agreement and class action waiver will apply to the fullest extent permitted by law.

K. Severability

If any part of this Section 29 is found invalid, unlawful, or unenforceable, the remaining parts will continue to apply to the fullest extent permitted by law.

However, if the class action waiver is found invalid or unenforceable in a way that allows a class, collective, consolidated, private attorney general, or representative proceeding to continue, then the arbitration agreement will not apply to that proceeding unless the parties agree otherwise in writing.

L. Survival

This Section 29 survives cancellation of an order, refunds, returns, account closure, discontinuation of the website, discontinuation of any product, or termination of these Terms.

30. Changes to These Terms

We may update these Terms from time to time.

Changes take effect when posted on this page, unless otherwise required by law.

Your continued use of the website or purchase of products after updated Terms are posted means you accept the updated Terms.

31. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, the remaining parts will remain in effect.

32. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy, and any product-specific instructions or warnings, make up the entire agreement between you and Dusk™ regarding your use of the website and purchase of Dusk™ products.

33. Contact

Questions about these Terms can be sent to support@trydusksleep.com.