Terms of service

GENERAL INFORMATION
Welcome to VAYZY! The terms “we,” “us,” and “our” refer to VAYZY. VAYZY operates this store and website, including all information, content, features, tools, products, and related services, to provide you, the customer, with a premium shopping experience (the “Services”). VAYZY is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, along with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty, disclaimer, and limitation of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of
the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, up-to-date, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to ensure that our products and services are accurately displayed in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as shown or described in our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, individually.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. VAYZY reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until VAYZY confirms that it has been accepted. We must receive and process your payment before accepting your order. You should review your orders carefully before completing your purchase, as VAYZY may not be able to process a cancellation request after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number you provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our refund policy.
You represent and warrant that your purchase is for your personal or household use and not for resale or commercial 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 at the time the order is placed and will be indicated in the order confirmation sent to you via email. Unless expressly stated otherwise, published prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
Prices published in our online stores may differ from prices offered in physical stores, on our online store, or in other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and communicate with you as necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be accepted by your credit card company, and (iv) you will pay the charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs procedures, or events beyond our control. Once we transfer products to the carrier, title and risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, designs, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are the property of VAYZY, its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of VAYZY, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by VAYZY.

The names, logos, product and service names, designs, and slogans of VAYZY are registered trademarks of VAYZY or its affiliate or licensor. You may not use such trademarks without VAYZY’s prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners. 

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party client tools as part of the Services, which we do not monitor, control, or contribute to.
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 any endorsement. We shall have no liability arising from or related to your use of the optional third-party tools.
Any use you make of the optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any damages or losses related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review the third party’s policies and practices and ensure you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
VAYZY operates using Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is made directly with VAYZY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and VAYZY, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with VAYZY.

SECTION 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than the one where you reside, in order to provide you with the Services. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 - COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights in accordance with the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms. We have no obligation, and will have no obligation, (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment.
We may, but are not obligated to, monitor, edit, or remove comments that we determine, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise unacceptable, or that violate any party’s intellectual property rights or these Terms.
You agree that your comment will not infringe upon any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or any other personal or proprietary rights. Furthermore, you agree that your comment will not contain defamatory or otherwise illegal, abusive, or obscene content, nor will it contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person other than yourself, or mislead us or third parties as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for any comments posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have placed your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any regulation, rule, international, federal, provincial, or state law, or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or solicit the transmission of any advertising or promotional material, including any “spam,” “chain letters,” “junk mail,” or any other similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that, in our sole discretion, may harm VAYZY, Shopify, or users of the Services, or expose them to any liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robots, spiders, scraping, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agent-based AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may run on behalf of or using the person’s device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including through technical measures, any Agent’s access to, use of, and interaction with the Services and how they do so.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent field of the request: “Agent/[agent name]”; (ii) not conceal or create confusion regarding the fact that any access, use, or interaction originates from a Bot, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use, (iii) respond truthfully to any question or instruction seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise evade any measures designed to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Conflict of Laws, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by any person who may be informed of any of its Content.
UNLESS EXPRESSLY STATED BY [ENTREPRENEUR], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VAYZY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim for which you are liable to indemnify us, provided that failure to notify you promptly does not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 - INVALIDITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the laws of the federal, state, or territorial courts of the jurisdiction where VAYZY is headquartered. You and VAYZY hereby consent to the jurisdiction and venue of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included solely for convenience and shall not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to review our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to info@vayzy.com  or to the “Contact” section on our website.