Termos de serviço

Overview

Welcome to Kyroxs! The terms “we”, “us” and “our” refer to Kyroxs. Kyroxs operates this online store and website (collectively, the “Services”) to provide you, the customer, with a personalized shopping experience. Kyroxs is powered by Shopify, which provides us with the platform to operate this store and offer the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced herein, govern your access to and use of the Services. Please read these Terms carefully as they contain important information about your legal rights and responsibilities. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given your consent to allow any minor dependents of yours to use the Services on a device that you own, purchase, or manage.

To use the Services (including accessing or browsing our Online Store or purchasing any products), you acknowledge that the Online Store is your preferred place of shopping. When you make a purchase or otherwise use the Services, you may be asked to provide certain information, such as your email address, financial, payment and shipping details. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2 - Our Products

We make every effort to provide an accurate representation of our products and services in our Online Store. However, please note that the colors or appearance of any product you see on your screen may differ from the actual product due to your device type or settings. We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match what is displayed in our Online Store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, or per order.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Kyroxs reserves the right to accept or refuse your orders for any reason at our sole discretion. Your order is not accepted until Kyroxs confirms acceptance. We must receive and process your payment before accepting your order. Please review your orders carefully before submitting them, as Kyroxs may not be able to honor cancellation requests after acceptance.

If we do not accept, change or cancel an order, we will try to notify you by contacting the email, billing address and/or phone number provided at the time of order.

Purchases can be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.

Section 4 - Pricing and Payment

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 stated in your order confirmation email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs or import charges.

The prices displayed in our Online Store may be different from prices in physical stores or on other online stores operated by third parties. From time to time we may offer promotions through the Services that could affect product pricing, and such promotions are governed by terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account information (including email address, credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed.

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

Section 5 - Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery dates are estimates and not guaranteed. We are not liable for delays caused by the shipping carrier, customs processing or events beyond our control. Once we have delivered the products to the carrier, title and risk of loss pass to you.

Section 6 - Intellectual Property

Our Services (including, but not limited to, all trademarks, trade dress, text, graphics, product reviews, images, video, audio, and the design, selection and arrangement thereof) are owned by Kyroxs, our affiliates or licensors, and are protected by U.S. and foreign intellectual property laws. You are granted a limited license to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on our Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants you any license or rights under any patent, trademark, copyright or other intellectual property of Kyroxs, Shopify or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by Kyroxs.

The names, logos, product and service names, designs and slogans of Kyroxs are trademarks of Kyroxs or its affiliates or licensors. You may not use such marks without our prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify, Inc. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

We may provide access to third-party tools on our website as part of the Services. These tools are provided “as is,” “as available,” without warranties of any kind, and we do not monitor, control or endorse these tools. You acknowledge that your use of these tools is entirely at your own risk.

We expressly disclaim any liability arising from or related to your use of third-party tools. We are not responsible for any results, advice, or developments that come from your use of any such tools.

In the future, we may also introduce new features or functionalities, including additional third-party tools and resources. These new features will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Our Services may contain links or references to third-party websites or services. We do not review or endorse, and are not responsible for, these third-party sites, their content or their accuracy. If you choose to access or use any third-party site or service linked through our Services, you do so at your own risk and subject to the terms of use for that site.

We are not responsible or liable for any damages or losses you may incur by visiting or using any third-party websites, services, resources or content. Please carefully review the policies and practices of any third-party site you visit. Any claims or issues concerning third-party products or services should be directed to that third party.

Section 9 - Relationship with Shopify

Note: This section describes Shopify’s relationship to our store and should not be removed or modified. Kyroxs is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Kyroxs. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Kyroxs, including any injury, damage or loss arising from your purchase of products or services. Accordingly, you expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase or transaction with Kyroxs.

Section 10 - Privacy Policy

All personal information you provide to us through the Services is subject to our Privacy Policy. Certain personal information may also be governed by Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understand these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve the Services for you. Any information you submit through the Services will be transmitted to and shared with Shopify and with third-party service providers, who may be located in countries other than your own, in order to provide the Services. Please review our Privacy Policy for more details on how we and Shopify use your personal information.

Section 11 - Feedback

If you send us any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you hereby grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, improve, enhance and promote the Services, and to comply with our obligations and exercise our rights under these Terms.

You represent and warrant that (i) you own or have all rights necessary to your Feedback; (ii) you have disclosed any compensation or incentives you received for your Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain any Feedback in confidence; (2) pay any consideration for your Feedback; or (3) respond to your Feedback.

We may monitor, edit or remove any Feedback at our discretion, for example if we determine it is unlawful, offensive, threatening, defamatory, obscene, inappropriate, or violates the intellectual property or other rights of third parties or these Terms.

You agree that your Feedback will not violate any third-party rights (including copyrights, trademarks, privacy or publicity rights) or contain defamatory, illegal, abusive or obscene content, or any malware. You will not submit a false email address, impersonate another person, or otherwise mislead us about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We do not assume any liability for Feedback submitted by you or by any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services or in our marketing materials that contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, 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 on the Services is incorrect at any time, without prior notice (including after you have submitted your order).

Section 13 - Prohibited Uses

You may only use the Services for lawful purposes. You agree not to use the Services, directly or indirectly:

  • for any illegal or unauthorized purpose;
  • to violate any laws, rules or regulations (local, national or international);
  • to infringe or violate our or any third party’s intellectual property or other rights;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person;
  • to transmit false or misleading information;
  • to send, knowingly receive, upload, download, use or reuse any material that is not in compliance with these Terms;
  • to send or provide any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation;
  • to impersonate or attempt to impersonate another person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as we determine, may harm Kyroxs, Shopify or the users of the Services, or expose them to liability.

Additionally, you agree not to:

  • use any device, software or routine to interfere with or attempt to circumvent any security or access controls related to the Services;
  • upload or transmit any viruses or other harmful code;
  • reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
  • collect or track the personal information of others;
  • attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems or networks connected to the Services;
  • use any robot, spider, scraper or other automated means to access the Services; or
  • interfere with, bypass or ignore any measures (including “robot exclusion” headers) intended to block, limit, modify or control how anyone accesses the Services.

Section 14 - Agents

14.1. This section (“Agent Terms”) applies if you use, enable or permit the deployment of an Agent to access, use or interact with any of our Services. For this purpose, an “Agent” means any software or service that performs actions autonomously or without direct human intervention on behalf of, or under the instruction of, any person or entity (including using a person’s device without direct supervision).

14.2. No Agent may access, use or interact with the Services unless (i) it clearly identifies itself at all times as an Agent, and (ii) it operates in strict compliance with Section 14.4 below. Also, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from any access, use or interaction with our Services.

14.3. We may limit, including by technical measures, whether and how any Agent can access, use and interact with the Services.

14.4. Agents must, in all requests to our Services:

  • clearly identify that the request is being made by an Agent, including the Agent name in the “Agent/[AgentName]” string in the user agent;
  • not disguise or obscure the fact that the request is made by an Agent (for example, by simulating human behavior or bypassing CAPTCHAs or other measures designed to distinguish computers from humans);
  • truthfully respond to any inquiry or prompt (including CAPTCHAs) that seeks to determine whether the interaction is from a human or a computer; and
  • not avoid or circumvent any measures intended to block, limit, modify or control how Agents access, use or interact with our Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion, at any time, without notice, and you will remain responsible for any amounts due up to the date of termination, including any orders placed or processed.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through our Services is made available solely for general informational purposes. We do not guarantee 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 on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY KYROXS, OUR SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. This includes all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain implied warranties or conditions, so some of the above exclusions may not apply to you.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KYROXS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS OR EXPENSES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF SAVINGS, OR THE COST OF REPLACEMENT GOODS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless Kyroxs, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims (including reasonable attorneys’ fees) arising out of or related to:

  • (1) Your breach of these Terms or any documents incorporated by reference;
  • (2) Your violation of any law or the rights of any third party;
  • (3) Your access to or use of the Services.

We will notify you promptly of any indemnifiable claims, provided that our failure to promptly notify you will not relieve you of your obligations unless you have been materially prejudiced. We may control the defense and settlement of any such claim at our discretion, including our choice of legal counsel, but will not settle any claim that imposes any obligations on you without your consent (which will not be unreasonably withheld). You agree to cooperate fully in the defense of any indemnifiable claim, including providing relevant documents.

Section 19 - Severability

If any provision of these Terms is found to be illegal, invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect and will remain valid and enforceable to the fullest extent permitted by law.

Section 20 - Waiver; Entire Agreement

No waiver of any term or right under these Terms will be effective unless in writing and signed by the party granting the waiver. Our failure or delay in exercising any right or remedy under these Terms will not operate as a waiver of that right or remedy.

These Terms and any policies or rules published by us on this site or with respect to the Services constitute the entire agreement and understanding between you and Kyroxs regarding the Services. They supersede all prior or contemporaneous agreements, communications and proposals (written or oral) between you and us, including any prior versions of these Terms. Any ambiguity in these Terms will not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any attempted transfer or assignment in violation of this provision will be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms of Service and any separate agreement by which we provide Services to you will be governed by and construed in accordance with the laws of the federal, state and local courts in the jurisdiction where Kyroxs has its headquarters. You and Kyroxs agree to submit to the personal and exclusive jurisdiction of these courts.

Section 23 - Titles

The section headings in these Terms are for convenience only and have no legal effect. They do not limit or affect any of the provisions of these Terms.

Section 24 - Changes to 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 on our website. It is your responsibility to check 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 become effective on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.

Contact Information

Questions about these Terms of Service should be sent to support@kyroxs.com.

Our contact information is as follows: