Terms of Service

OVERVIEW
Welcome to FITONAUT! The terms “we,” “us,” and “our” refer to FITONAUT. FITONAUT operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience (the “Services”). FITONAUT operates on the “Shopify” platform, which allows us to provide the Services to you.
The terms and conditions set forth below, together with any policy specified herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your rights and address topics such as disclaimers of warranties and limitations of liability.
By visiting, communicating 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 the Privacy Policy, you should not use or access our Services.

SECTION 1. ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of your jurisdiction and that you have given us consent to allow any minor dependent on you to use the Services on a device you own, acquire, or control.
To use the Services, including accessing or browsing our online stores or purchasing any of our products or services, you may be asked to provide certain information, such as an email address, billing, payment, and delivery information. You represent and warrant that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your account information and all activity in your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2. OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearances may differ from how they appear on your screen due to the type of device you use to access the store, your device settings, and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or presented in our online stores.
All product descriptions may be changed at any time at our sole discretion without prior notice. We reserve the right to discontinue the supply of any product at any time and may, from time to time, limit the quantity of any products we offer to any person, geographic region, or jurisdiction.

SECTION 3. ORDERS
By placing an order, you are making an offer to purchase. FITONAUT reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until FITONAUT confirms acceptance. Before accepting your order, we must receive and process your payment. Please review it carefully before submitting it, as FITONAUT may not be able to satisfy cancellation requests 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 via the email address, billing address, and/or phone number provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Return Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4. PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price of 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 clearly stated otherwise, listed prices do not include taxes, shipping, handling, duties, or import taxes.
Prices advertised in our online stores may differ from prices offered in physical stores or online or other third-party-operated stores. We may occasionally offer Service promotions that may affect pricing and to which separate terms and conditions apply, unrelated to these Terms. In the event of a conflict between the terms of a promotional offer and these Terms, the terms of the promotional offer will prevail.
You agree to provide the most current, complete, and accurate purchase, payment, and billing 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 transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, complete, and correct, (ii) you are properly authorized to use such a credit card for purchase, (iii) your credit card company will cover any charges incurred, and (iv) you will pay any charges incurred at the advertised prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. When we transfer products to a 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, screens, images, graphics, product descriptions, video and audio recordings, their design, selection, and arrangement, are owned by FITONAUT, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials in the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms is intended to or may be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of FITONAUT, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by FITONAUT.
FITONAUT names, logos, product and service names, design, and slogans are trademarks of FITONAUT or its affiliates or licensors. You may not use such trademarks without prior written permission from FITONAUT. The “Shopify” name, logo, product and service names, design, and slogans are trademarks of Shopify. All other names, logos, product and service names, design, and slogans in the Services are trademarks of their respective owners.

SECTION 7. OPTIONAL TOOLS
You may be provided access to third-party customer tools as part of the Services, which we do not monitor, control, or collect any information about.
You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without confirmation. We assume no responsibility for any use of or connection to the third-party tools you choose.
Any use of optional tools offered on the website is entirely at your own risk and discretion, so you should ensure that you have read and agree to the terms of provision of the respective third-party provider(s)’ tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such 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 links to third-party websites (including any embedded third-party features). We are not responsible for any third-party materials or websites you choose to access, nor do we verify or endorse their content or accuracy. If you decide to leave the Services to access such material or third-party websites, you do so at your own risk.
We are not responsible for any harm or loss associated with your access to any third-party websites or with any products, services, resources, or content you purchase or use on any third-party websites. Carefully review the third party’s policy and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.

SECTION 9. RELATIONSHIP WITH “SHOPIFY”
“FITONAUT” provides “Shopify,” which allows us to provide the Services to you. However, all your sales and purchases in our Store are made directly with “FITONAUT.” By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of your and FITONAUT’s sales, including any injuries, harm, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with FITONAUT or related to them.

SECTION 10. PRIVACY POLICY
Our Privacy Policy applies to all personal information we collect when using the Services, and the Shopify Privacy Policy may apply to certain personal information, which you can review here . By using the Services, you confirm that you have read this privacy policy.
Because the Services are provided by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. The information you provide to the Services will be shared with and with Shopify, as well as with third parties that may be located in countries other than where you live, so that they can provide services to you. Review our privacy policy [LINK] to learn more about how we, Shopify, and our partners use your personal information.

SECTION 11. FEEDBACK
If you provide, upload, publish, email, or otherwise transmit any ideas, suggestions, feedback, reviews, 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. For example, we may exercise our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you have all necessary rights to all Feedback; (ii) you have disclosed any compensation or consideration received for providing Feedback; and (iii) your Feedback complies with these Terms. We do not undertake to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may, but are not required to, monitor, edit, or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, defamatory, insulting, pornographic, obscene, otherwise unacceptable, or infringing on any country’s intellectual property or these Terms of Service.
You agree that your Feedback will not infringe on any third party’s rights, including copyright, trademark, privacy, personality rights, or other personal or property rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, offensive, or obscene Feedback, nor any computer viruses or other malicious software that could in any way impair the functionality or operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility for any Feedback published by you or any third party.

SECTION 12. ERRORS, INACCURACIES, AND OMISSIONS
Sometimes the Services or materials therein may contain information that has typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice (including after you have placed an order), as well as to change or update information or cancel orders, if any information is inaccurate.

SECTION 13. PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to violate the intellectual property rights of us or any other person; (d) to harass, offend, harm, defame, disparage, threaten, 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 receive any promotional or advertising materials, including any “unsolicited mail,” “chain letters,” “spam,” or any other similar solicitation or transmission; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other activity that restricts or interferes with anyone’s use or enjoyment of the Services or that, in our opinion, could harm FITONAUT, Shopify, or users of the Services or impair their ability to use them.
In addition, you agree: (a) not to upload or transmit viruses or any other malicious code that is or may be used by means of any kind to impair the functionality or operation of the Services; (b) not to reverse engineer, copy, sell, resell, or exploit any part of the Services; (c) not to collect or track the personal information of others; (d) not to send spam, engage in spamming, use pharmaceutical products, pretext, scrape, check, or decrypt; or (e) not to interfere with or circumvent the Services or any related website, other websites, or internet security features. 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. TERMINATION
We may, at our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time without notice, and you will remain liable for all amounts payable up to the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; the entire agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15. DISCLAIMER OF WARRANTIES
The information provided in the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We assume no responsibility for any harm or loss resulting from your or any other visitor to the Services, or anyone who may be informed of its content, relying on such material.
EXCEPT THAT “FITONAUT” EXPRESSLY STATES THAT THE SERVICE AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LONGEVITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BECAUSE SOME JURISDICTIONS LIMIT OR EXCLUDE IMPLIED WARRANTIES OR OTHER WARRANTIES, THE LIMITATION OF LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU.

SECTION 16.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITONAUT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY OR ITS PARTNERS' PARTNERS, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, MODIFICATION EXPENSES, OR ANY SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM, WHETHER OR NOT RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSSES OR DAMAGES INCURRED DUE TO THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

SECTION 17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FITONAUT, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party for (1) your breach of these Terms of Service or any documents incorporated herein by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim for indemnification, provided that, unless you have suffered material damage, you do not waive your obligations by failing to notify us in a timely manner. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring you to perform non-monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate in defending such claims, including providing relevant documents.

SECTION 18. SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, invalid, or unenforceable, such provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be treated as separate from these Terms of Service; such determination will not affect the validity or enforceability of any other remaining provisions.

SECTION 19. WAIVER OF WAIVER; ENTIRE AGREEMENT
Our inability to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any policy or guidelines of conduct published by us on this website or in connection with the Services 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 these Terms of Service).
Any ambiguity in interpreting these Terms of Service shall not be construed to the detriment of the drafter.

SECTION 20. 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 attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21. GOVERNING LAW
These Terms of Service and all other separate agreements under which we provide Services to you are governed by and construed in accordance with the laws of the federal and state or territorial courts located in the jurisdiction where FITONAUT is headquartered. You and FITONAUT agree to the jurisdiction and personal jurisdiction of such courts.

SECTION 22. HEADINGS
The headings in this Agreement are provided for convenience only and do not limit or otherwise affect these Terms.

SECTION 23. CHANGES TO THE TERMS OF SERVICE
You can review the latest version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or modify any part of these Terms of Service by posting the updates and changes on our website. You are responsible for periodically checking our website for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any posting of changes to these Terms of Service means that you agree to those changes.

SECTION 24. CONTACT INFORMATION
Please send questions about these Terms of Service to us at fitonaut@fitonaut.com.