Terms of service
Overview
Welcome to x.Gyroscope! "We," "us," and "our" refer to x.Gyroscope. x.Gyroscope operates this store and website, including all related information, content, features, tools, products, and services, aiming to provide you (the customer) with a carefully crafted shopping experience (hereinafter referred to as "the Service"). x.Gyroscope is supported by Shopify to provide these services.
The following terms and conditions, along with any policies referenced in these Service terms (referred to as "Service Terms" or "Terms"), outline your rights and responsibilities when using the Service.
Please read these Service Terms carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.
By visiting our Service, interacting with our Service, or using our Service, you agree to be bound by these Service Terms and our Privacy Policy [link]. If you do not agree to these Service Terms or our Privacy Policy, please do not use or access our Service.
Section 1 - Access and Accounts
By agreeing to these Service Terms, you represent that you are at least the age of majority in your state or province of residence, and you agree to allow any minor dependents to use our Service on devices you own, purchase, or manage.
To use certain services, including accessing or browsing our online store or purchasing any products or services we offer, the system may require you 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, complete, and current, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or delegate your account to any other person.
Section 2 - Our Products
We have made every effort to accurately represent our products and services in our online store. However, please note that due to the type of device you use to access the store and the device settings and configurations, the actual colors or appearance of products may differ from what you see on your screen.
We do not guarantee that any product or service you purchase will meet your expectations, nor do we guarantee that it will exactly match the descriptions or representations provided in our online store.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time, and we may limit the quantity of any products we provide to any person, geographic area, or jurisdiction.
Section 3 - Orders
By placing an order, you are making an offer to purchase. x.Gyroscope reserves the right to accept or refuse your order at its discretion for any reason. Your order is not confirmed until x.Gyroscope has accepted it. We must receive and process your payment before accepting your order. Please carefully review your order before submitting it; once accepted, x.Gyroscope may not be able to cancel the order. If we do not accept, change, or cancel your order, we will attempt to notify you via the email address, billing address, and/or telephone number you provided when placing the order.
Your purchase transaction is subject to our Return Policy [link].
You represent and warrant that you are purchasing for personal or household use and not for any commercial resale or export purposes.
Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for products or services is the current price at the time your order is placed, and pricing information will be listed in your order confirmation email. Unless otherwise stated, published prices do not include taxes, shipping fees, handling fees, tariffs, or import charges.
The prices listed in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may occasionally offer promotional discounts that affect pricing, governed by separate terms and conditions. In the event of any conflict between promotional terms and these terms, the promotional terms will prevail.
You agree to provide the most current, complete, and accurate purchase, payment, and account information for all transactions made in our store. You agree to update your account and other information promptly, including your email address, credit card number, and expiration date, 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 accurate, correct, and complete; (ii) you are authorized to use that credit card for purchases; (iii) the fees incurred during the purchasing process will be charged to your credit card company; and (iv) you will pay the charges incurred during the purchasing process, including shipping and handling fees as well as all applicable taxes (if any).
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only, and we cannot guarantee them. We are not responsible for any delays resulting from carriers, customs processing, or events beyond our control. Ownership of and risk for loss of the product passes to you once we turn it over to the carrier.
Section 6 - Intellectual Property
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as related designs, selections, and arrangements, is owned by x.Gyroscope, its affiliates, or licensors, and is protected by U.S. and foreign patent, copyright, and other intellectual property laws.
You may use the Service only for non-commercial personal use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any materials related to the Service without our prior written consent. Nothing in these terms should be construed as granting you any patent, trademark, copyright, or other intellectual property rights of x.Gyroscope, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. x.Gyroscope reserves all rights not expressly granted in these terms.
The name, logo, product and service names, design, and slogans of x.Gyroscope are trademarks of x.Gyroscope or its affiliates or licensors. You may not use such trademarks without x.Gyroscope's prior written permission. The name, logo, product and service names, design, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Service are the trademarks of their respective owners.
Section 7 - Optional Tools
As part of the Service, the system may provide you with access to third-party customer tools that we do not monitor, control, or intervene in.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and we do not endorse them. We are not liable for any damages resulting from your use of optional third-party tools.
Your use of optional tools provided through the site is entirely at your own risk, and you should ensure that you have read and agreed to the terms by which the relevant third-party supplier provides the tools.
We may also offer new features in the future (including the release of new tools and resources). Such new features are also considered part of the Service and are subject to these Service Terms.
Section 8 - Third-Party Links
The Service may contain materials and links to websites operated by third parties. We are not responsible for evaluating or assessing the content or accuracy of any third-party materials or websites. If you decide to leave the Service to access any of these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to accessing any third-party websites or for purchasing or using any products, services, resources, or content on such sites. Please carefully review the policies and practices of any third party before engaging in any transactions. Complaints, claims, concerns, or inquiries regarding third-party products should be directed to the third party.
Section 9 - Relationship with Shopify
[Merchant Note: This section should accurately describe the relationship between Shopify and your store, and should not be removed or modified.]
x.Gyroscope is powered by Shopify, allowing us to offer you services. However, any sale or purchase transaction you conduct in our store is directly with x.Gyroscope. By using the Service, you acknowledge and agree that Shopify is not responsible for any matters relating to any sales between you and x.Gyroscope, including any harm, damage, or loss caused by the products and services purchased. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising out of any purchase or transaction between you and x.Gyroscope.
Section 10 - Privacy Policy
All personal information collected through the Service is governed by our Privacy Policy (see our Privacy Policy here [link]), and certain personal information may be governed by Shopify's Privacy Policy (see Shopify's Privacy Policy here). By using the Service, you confirm that you have read these privacy policies.
As the Service is hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Service in order to provide and improve the Service. The information you submit to the Service will be transmitted to and shared with Shopify and may be shared with third parties located outside of your country or region to facilitate service provision. Please review our Privacy Policy [link] for details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, feedback, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a worldwide, perpetual, irrevocable, non-exclusive license, allowing us to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose (including commercial purposes) in any media. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, as well as fulfill and exercise our obligations and rights under these Service Terms.
You also represent and warrant that: (i) you have all rights necessary to submit all Feedback; (ii) you have publicly disclosed any compensation or rewards received for submitting the Feedback; and (iii) your Feedback will comply with these terms. We have no obligation to (1) keep any Feedback confidential; (2) pay for any Feedback; or (3) respond to any Feedback.
We may (but are not obligated to) monitor, edit, or remove any Feedback that we determine to be unlawful, offensive, threatening, defamatory, libelous, obscene, vulgar, or otherwise objectionable or in violation of any party's intellectual property rights or these Service Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or illegal, abusive, or obscene content, or contain any computer virus or other malicious software that may affect the operation of the Service or any related website in any way. You may not use a false email address, impersonate any person or entity, or mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility and have no liability for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
The information in our website or Service may occasionally contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offerings, shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted an order).
Section 13 - Prohibited Uses
You may only access and use the Service for lawful purposes. You may not access or use the Service for the following purposes directly or indirectly: (a) illegal or malicious purposes; (b) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) infringing or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, humiliating, abusing, harming, defaming, slandering, demeaning, threatening, or harming any of our employees or any other persons; (e) transmitting false or misleading information; (f) transmitting, receiving, uploading, downloading, using, or reusing any materials that do not comply with these terms; (g) transmitting or encouraging the transmission of any advertising or promotional materials, including any "junk mail," "chain letters," "mass mailings," or any other similar solicitation; (h) impersonating or attempting to impersonate any other person or entity; or (i) engaging in any other behavior that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm x.Gyroscope, Shopify, or users of the Service or expose them to liability.
Additionally, you agree not to engage in the following behaviors: (a) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Service; (c) collecting or tracking other people's personal information; (d) sending junk mail, phishing, URL spoofing, using false identity techniques, using web spiders, scraping, or crawling; or (e) interfering with or circumventing the security features of the Service or any related websites, other sites, or the Internet. If we determine that you have violated any provision of these Terms, we reserve the right to suspend, deactivate, or terminate your account at any time without notice.
Section 14 - Termination
We may terminate this agreement or your access to the Service (or any part of the Service) at any time without notice, and you remain responsible for all amounts due up to and including the date of termination.
The following provisions shall survive any termination: intellectual property, feedback, termination, disclaimers, limitations of liability, indemnification, severability, waivers; entire agreement, assignment, governing law, privacy policy, and any other provisions that, by their nature, should continue after termination.
Section 15 - Disclaimer
The information provided in or through the Service is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We do not assume any responsibility or liability for any reliance by you or any other visitors to the Service or any person who may be informed of any of its content.
Except as expressly provided by x.Gyroscope, the Service and all products provided through the Service are provided to you "as is" and "as available" without any warranties of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Section 16 - Limitation of Liability
To the fullest extent permitted by law, in no event shall x.Gyroscope, our affiliates, directors, officers, employees, partners, agents, contractors, service providers, or licensors be liable for any claim, injury, loss, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenues, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or related to your use of any part of the Service or any products purchased through the Service, or any other claims related to your use of the Service or any product, including any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of the Service or any content (or products) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility thereof.
Section 17 - Indemnification
You agree to indemnify and hold harmless x.Gyroscope, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any third-party claims or demands (including reasonable attorney fees) arising from (1) your violation of these Service Terms or any referenced documents; (2) your violation of any law or infringement of third-party rights; or (3) any claims or demands related to your access and use of the Service.
We will notify you of any indemnifiable claims, and failure to notify you in a timely manner will not relieve you of your indemnification obligations unless it materially adversely affects you. We may control the defense and resolution of such claims (including selecting counsel), and costs will be borne by you, but we will not settle any claims requiring you to undertake non-monetary obligations without your consent (which you may not unreasonably withhold). You will cooperate in the defense of such claims, including providing relevant documents.
Section 18 - Severability
If any provision of these Service Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by applicable law, and the invalid or unenforceable part shall be deemed severed from these Service Terms, without affecting the validity and enforceability of any other remaining provisions.
Section 19 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision.
These Service Terms, and any policies or operational rules posted by us on this website or related to the Service, constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous agreements, communications, or proposals (including but not limited to any previous versions of these Service Terms).
Any ambiguity in the interpretation of these Service Terms shall not be construed against the drafting party.
Section 20 - Assignment
You may not assign, delegate, or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempts to do so shall be deemed void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
Section 21 - Governing Law
These Service Terms and any individual agreements under which we provide services shall be governed by and construed in accordance with the laws of the jurisdiction where x.Gyroscope is headquartered. You and x.Gyroscope agree to submit to the personal and territorial jurisdiction of such courts.
Section 22 - Headings
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
Section 23 - Changes to Service Terms
You may review the most current version of the Service Terms at any time on this page.
We reserve the right to update, change, or replace any part of these Service Terms at our discretion by posting updates and changes on our website. You are responsible for regularly checking our website for any changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. If you continue to use or access our website or Service after the changes to these Service Terms are posted, it means you accept those changes