Terms of Service

OVERVIEW

Welcome to Zavyr Fitness. ZAVYR FITNESS is a brand operated by Xodia Holdings LLC (“Xodia Holdings LLC”, “we”, “us”, or “our”).

Xodia Holdings LLC operates this online store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the “Services”).

ZAVYR FITNESS is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations 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 our Privacy Policy, you should not use or access the Services.

Xodia Holdings LLC is the legal entity responsible for sales and transactions made through this store.

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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products 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 the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We make reasonable efforts to ensure that product descriptions, specifications, images, pricing and availability are accurate and up to date. However, occasional errors or inaccuracies may occur.

All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the products selected by you. Xodia Holdings LLC reserves the right to accept or decline your order for a legitimate reason, including product availability, pricing errors, suspected fraud or other circumstances affecting the transaction.

Your order is accepted when we confirm your order and receive your payment.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or entered into fulfilment.

If we are unable to accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases are subject to our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product will be the price displayed at the time the order is placed and will be set out in your order confirmation email.

Applicable taxes, customs duties, import charges or other government-imposed charges may apply depending on the destination and applicable law. Any applicable charges collected by ZAVYR FITNESS at checkout will be displayed before you complete your purchase.

Shipping costs, if any, will be clearly displayed at checkout. Zavyr Fitness currently offers free standard shipping on qualifying U.S. orders as stated on the website.

Prices posted in our online store may differ from prices offered by third parties.

We may offer promotions from time to time that affect pricing. Promotional offers may be subject to additional terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, payment information and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

The payment information you provide is true, correct and complete;
You are authorised to use the payment method provided;
Charges incurred by you will be honoured by your payment provider; and
You will pay all charges incurred at the prices displayed at the time of purchase, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Orders are generally processed within 1–2 business days.

After an order has been processed, standard shipping to the United States generally takes 5–8 business days.

Delivery times are estimates and may vary depending on the fulfilment location, shipping carrier, destination, customs processing, weather, holidays or other circumstances outside our reasonable control.

Most products are fulfilled through our fulfilment partners, including fulfilment centres located in the United States. Depending on product availability and inventory, some products may be fulfilled from an international fulfilment location.

The applicable shipping option and estimated delivery timeframe will be displayed during checkout where available.

ZAVYR FITNESS currently offers free standard shipping on orders as stated on the website.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information provided by the customer or circumstances outside our reasonable control.

Once an order has been handed to the applicable shipping carrier, delivery is subject to the carrier's handling and delivery processes.

For additional information, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Xodia Holdings LLC, ZAVYR FITNESS, their affiliates or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property rights of ZAVYR FITNESS, Xodia Holdings LLC, Shopify or any third party.

Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved.

ZAVYR FITNESS's name, logo, product names, designs and slogans are trademarks of ZAVYR FITNESS or their respective owners. You must not use such trademarks without prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services.

We neither monitor nor control third-party tools and are not responsible for their operation, availability or functionality.

You acknowledge and agree that access to third-party tools is provided on an “as is” and “as available” basis without warranties or representations of any kind, to the extent permitted by applicable law.

Any use by you of optional third-party tools is at your own risk and discretion. You should review and approve the terms under which such tools are provided by the relevant third-party provider.

We may introduce new features, services or tools through the Services in the future. Such features, services and tools will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability or practices of third-party websites or services.

If you decide to access third-party websites or services, you do so at your own risk.

We are not responsible for any loss or damage arising from your access to or use of third-party websites, products, services, resources or content.

Please review the policies and practices of third-party websites before engaging in any transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Zavyr Fitness is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through this store are transactions between you and Xodia Holdings LLC, the operator of the Zavyr Fitness store.

Shopify is not responsible for the products sold by Zavyr Fitness or for the transactions between you and Xodia Holdings LLC.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that assist us in operating our store, processing payments, fulfilling orders, providing customer support and delivering other services.

Please review our Privacy Policy for additional information about how Zavyr Fitness, Xodia Holdings LLC, Shopify and our service providers process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for legitimate business purposes, including operating, improving and promoting the Services.

You represent and warrant that:

You own or have all necessary rights to the Feedback;
The Feedback does not violate the rights of any third party; and
The Feedback complies with these Terms and applicable law.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may remove Feedback that we determine, in our reasonable discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise inappropriate.

You may not use a false email address, impersonate another person or entity or otherwise mislead us or third parties as to the origin of Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information at any time.

If an error affects an order that you have placed, we may contact you to explain the error and, where appropriate, offer you the option to confirm the corrected information or cancel the order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

(a) for any unlawful purpose;

(b) to violate applicable federal, state or local laws or regulations;

(d) to harass, abuse, threaten, defame or harm another person;

(e) to transmit false or misleading information;

(f) to upload or transmit malicious code, viruses or other harmful material;

(g) to impersonate another person or entity;

(h) to interfere with the security or operation of the Services;

(i) to collect or track personal information of others without authorisation;

(j) to spam, phish or engage in fraudulent activity;

(k) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without authorisation; or

(l) to engage in any activity that may interfere with the operation of the Services or expose Zavyr Fitness, Xodia Holdings LLC, Shopify or other users to liability.

We reserve the right to suspend or terminate access to the Services where permitted by law if we reasonably believe that these Terms have been violated.

SECTION 14 - AGENTS

14.1

This section applies if you use, allow, enable or cause the deployment of an automated agent to access, use or interact with the Services.

14.2

No automated agent may access, use or interact with the Services where such access is prohibited by applicable law or by technical restrictions implemented by us.

14.3

We may limit or restrict whether and how automated agents access, use or interact with the Services.

14.4

Automated agents must not circumvent security measures, CAPTCHAs, access controls or other technical measures intended to control access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by applicable law if you materially breach these Terms or engage in conduct that may harm Zavyr Fitness, Xodia Holdings LLC, Shopify or other users.

You remain responsible for amounts due up to and including the effective date of termination.

The provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy and any other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available for general informational purposes.

To the fullest extent permitted by applicable law, we do not warrant that the information provided through the Services will always be accurate, complete, current, uninterrupted or error-free.

EXCEPT AS EXPRESSLY PROVIDED BY ZAVYR FITNESS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

WE DISCLAIM WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZAVYR FITNESS, XODIA HOLDINGS LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

This includes, to the extent permitted by law, loss of profits, loss of revenue, loss of data, loss of savings or replacement costs.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Zavyr Fitness, Xodia Holdings LLC and their respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers from claims, liabilities, damages, losses and reasonable expenses arising out of:

Your breach of these Terms;
Your violation of applicable law or the rights of a third party; or
Your misuse of the Services.

We will provide notice of an indemnifiable claim where reasonably practicable.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and the remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service, together with the policies referenced herein, constitute the entire agreement between you and Xodia Holdings LLC regarding your use of the Services and supersede prior agreements, communications and proposals relating to the Services.

SECTION 21 - ASSIGNMENT

You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, sale of assets or similar transaction, or as otherwise permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements between you and Zavyr Fitness shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles.

Any disputes arising out of or relating to these Terms or your use of the Services shall be subject to the jurisdiction of the applicable courts located in Wyoming, United States, except where applicable law provides otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning 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 to update, change or replace any part of these Terms by posting updates to our website.

It is your responsibility to check this page periodically for changes.

Material changes will be communicated where required by applicable law.

Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.