Terms of service

Section 1 - Access Permissions and Accounts

By agreeing to these Terms of Service, you acknowledge that you are at least of the legal age of majority in the state or province where you reside, and that we agree to allow any of your minor family members to use our services on devices you own, purchase, or manage.

To use the services, including accessing or browsing our online store or purchasing any 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, complete, and up-to-date, and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and all your account activities. You may not transfer, sell, assign, or license 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 the actual colors or product appearance may differ from what you see on your screen due to variations in the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that any product or service you purchase will look or be of the same quality as you expect, nor do we guarantee that it will be exactly the same as described or presented in our online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue the supply of any product at any time and may limit the quantity of any product we supply to any person, geographic area, or jurisdiction, depending on the specific circumstances.

Section 3 - Orders

Placing an order represents your offer to purchase. KDYNIX reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until KDYNIX confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as KDYNIX may not be able to help you cancel it once it is accepted. If we do not accept, make changes to, or cancel your order, we will attempt to notify you via the email address, billing address, and/or phone number you provided when placing your order.

Your purchase will be returned or exchanged only in accordance with our refund policy.

You represent and warrant that you are purchasing the product for personal or household use and for no commercial resale or export purpose.

Section 4 - Prices and Bills

Prices, discounts, and promotions are subject to change without notice. The price charged for products or services is the price in effect at the time you place your order, and this price information will also be listed in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping costs, handling fees, customs or import charges.

Prices listed in our online store may differ from those offered in physical stores or by third-party online or other stores. We may occasionally offer promotional offers for services that may affect pricing; these promotions are governed and bound by separate terms of service independent of these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide complete, accurate, and up-to-date purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account information and other details, including your email address, credit card number, and expiration date, 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 true, correct and complete, (ii) you have the right to use the credit card for purchase transactions, (iii) the fees incurred will be borne by your credit card company, and (iv) you will pay the fees incurred at the published prices, including shipping and handling fees and all applicable taxes (if any).

Section 5 - Shipping and Delivery

We are not liable for delays in shipping and delivery. All delivery times are estimates only and we do not guarantee them. We are not liable for delivery delays caused by carrier, customs processing, or events beyond our control. Ownership and the risk of loss immediately transfer to you once we hand the product over to the carrier.

Section 6 - Intellectual Property

Our services, including but not limited to all trademarks, brands, words, displays, images, graphics, product reviews, videos and audios, as well as related designs, selections and arrangements, are the property of KDYNIX, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms allow you to use the Service solely for non-commercial, personal purposes. You may not copy, distribute, modify, create derivative works of, publicly display, publicly run, republish, download, store, or transmit any material related to the Service without our prior written consent. Unless expressly stated in these Terms, nothing in these Terms grants or is construed as granting you any license or other rights to any patent, trademark, copyright, or other intellectual property rights of KDYNIX, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. KDYNIX reserves all rights not expressly granted in these Terms.

The name, logo, product and service names, design, and tagline of KDYNIX are trademarks of KDYNIX or its affiliates or licensors. You may not use these trademarks without the prior written permission of KDYNIX. The name, logo, product and service names, design, and tagline of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and taglines used in the Service are trademarks of their respective owners.

Section 7 - Optional Tools

As part of the service, we may grant you access to customer tools provided by third parties, which we do not oversee, control, or intervene in.

You acknowledge and agree that we provide access to such tools "as is" when they are available, without any warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability whatsoever for your use of optional third-party tools or in connection with it.

Your use of the optional tools provided through the website is entirely at your own risk and decision, and you should ensure that you are familiar with and agree to the terms on which the tools provided by the relevant third-party providers are based.

We may also provide new features through the Service in the future (including the release of new tools and resources). These new features should also be considered part of the Service and subject to these Terms of Service.

Section 8 - Third-Party Links

The service may contain materials and website hyperlinks (including any embedded third-party features) provided or operated by third parties. We are not responsible for checking or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our service and access such materials or third-party websites, you do so at your own risk.

We are not liable for any injury or damage caused by your visit to any third-party website, or by your purchase or use of any products, services, resources, or content on any third-party website. Please carefully read the policies and practices of third parties to ensure you understand the specific requirements before making any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed directly to the third party.

Section 9 - Relationship with SHOPIFY

[Note to Merchants: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]

KDYNIX is powered by Shopify, enabling us to provide services to you. However, all sales and purchase transactions you make in our store are completed directly through KDYNIX. By using the Service, you acknowledge and agree that Shopify is not liable for any matter related to any sales transactions between you and KDYNIX, including any injury, damage, or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with KDYNIX.

Section 10 - Privacy Policy

All personal information we collect through our services is governed by our Privacy Policy, which can be viewed here. Some personal information may also be governed by Shopify's Privacy Policy, which can be viewed here. By using our services, you acknowledge that you have read and agreed to these Privacy Policies.

Because the service is hosted by Shopify, Shopify will collect and process personal information about your access to and use of the service in order to provide and improve the service for you. Information you submit to the service will be transferred to and shared with Shopify and third parties, who may be located in countries outside your location, to provide you with the service. Please see our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

By submitting, uploading, posting, emailing, or otherwise transmitting any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you are granting us a perpetual, sublicensable, royalty-free license worldwide to use, reproduce, modify, publish, distribute, and display such Feedback on any media for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform and exercise our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you have or have all the rights necessary to submit all feedback; (ii) you have disclosed any compensation or reward you receive for submitting feedback; and (iii) your feedback will be subject to these terms. We have no obligation now or thereafter to (1) keep your feedback confidential; (2) pay compensation for your feedback; or (3) respond to your feedback.

We may, but are not obligated to, monitor, edit, or remove feedback that we unilaterally deem illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personal rights, or other individual or proprietary rights. You further agree that your feedback will not contain defamatory or other illegal, abusive, or obscene material, or contain in any form any computer virus or other malicious software that may affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party regarding the source of any feedback. You are solely responsible for any feedback you submit and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

In rare cases, there may be printing errors, inaccuracies, or omissions in information regarding the service or its contents, concerning product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, and to modify or update information or cancel orders (including after you have submitted your order).

Article 13 - Prohibited Use

You may only access and use the Service for lawful purposes. You may not access or use the Service, whether directly or indirectly, for any of the following purposes: 

(a) for any illegal or malicious purpose;

(b) to violate any international, federal, provincial, or state statutes, rules, laws, or local ordinances;

(c) to infringe or damage our or other parties' intellectual property rights;

(d) to harass, insult, abuse, harm, defame, slander, discredit, intimidate, or harm any of our employees or any other personnel; 

(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 cause the transmission of any advertising or promotional material, including any “spam,” “chain mail,” “mass spam,” or any other similar enticement;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in any other conduct that restricts or prohibits any person from using or enjoying the Service, or conduct that we determine may harm or hold liable KDYNIX, Shopify, or Service users.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Service; (b) copy, imitate, reproduce, sell, resell, or exploit any part of the Service; (c) collect or track the personal information of other people; (d) send spam, engage in phishing, no-bait spoofing, excuse spoofing, web crawling, scraping, or scraping; or (e) interfere with or bypass the security features of the Service or any related website, other website, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any provision of these Terms.

Section 14 - Termination

We may terminate this Agreement or your access to the Services (or any part of the Services) at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination.

The following terms shall continue to apply after any termination: intellectual property rights, feedback, termination, disclaimer, limitation of liability, indemnification, severability, waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that, by their nature, should survive termination.

Section 15 - Disclaimer

Information provided in or through the Service is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of such information. You assume no responsibility for any reliance you place on such information. We assume no liability whatsoever for any reliance on such material by you, any other visitor to the Service, or any person who may have access to any of its contents.

Unless expressly stated by KDYNIX, the Service and all products supplied through the Service are provided "as is" and "as available" for your use without any express or implied representations, warranties, or conditions, including all implied warranties or conditions regarding merchantability, 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 limit or prohibit the issuance of disclaimers regarding implied or other warranties, therefore the above disclaimers may not apply to you.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, in no event shall KDYNIX, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or SHOPIFY and its affiliates be liable for any injury, loss, claim or damage of any kind, direct, indirect, incidental, punitive, special or consequential, including but not limited to loss of profits, loss of income, loss of savings, loss of data, replacement costs or any similar damage, whether based on contract, tort (including negligence), strict liability, or arising from your use of any Service or any product purchased using the Service, or any other claim in any way relating to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from your use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if advised of the possibility of such occurrence.

Section 17 - Reparations

You agree to indemnify, hold harmless, and hold harmless KDYNIX, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, debt, or claim payable to any third party arising out of or in connection with:

(1) your breach of these Terms of Service or any document referenced herein;

(2) your violation of any law or infringement of the rights of any third party; or

(3) your access to and use of the Service.

We will notify you of any indemnifiable claims, and failure to do so in a timely manner will not release you from your liability unless it causes material damage. We may take control of the defense and resolution of such claims at your expense, including the selection of attorneys; however, we will not resolve any claims that would place you under non-monetary obligations without your consent (which cannot be refused without just cause). You will be required to cooperate in the defense of any indemnifiable claims, including providing relevant documentation.

If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be separate from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.