OVERVIEW

Welcome to TYTAX International LLC. The terms “we,” “us,” and “our” refer to TYTAX International LLC. We operate this website and online store, including all related information, content, features, tools, products, and services made available through it (collectively, the “Services”).

These Terms of Service, together with any policies referenced in them, describe the rules that apply when you access, browse, interact with, or purchase products through the Services.

By accessing or using any part of the Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

These Terms of Service apply to all users of the Services, including browsers, customers, vendors, merchants, contributors of content, and any other users who access or interact with the 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 of residence. If you allow any minor dependent to access or use the Services through your device, account, or internet connection, you are responsible for that use.

To use certain parts of the Services, including making a purchase, you may be asked to provide information such as your name, email address, billing address, payment information, phone number, and other information necessary to complete a transaction or provide customer support.

You represent and warrant that all information you provide to us is accurate, current, complete, and that you have the right to provide it. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.

You may not transfer, assign, sell, license, or otherwise provide your account access to any other person without our prior written consent.

SECTION 2 - UNITED STATES USE

The Services and these Terms of Service are intended for customers located in the United States. We make no representation that the Services, products, content, or materials made available through the Services are appropriate or available for use in other locations.

If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with any applicable local laws.

SECTION 3 - ONLINE STORE TERMS

You may not use our products, Services, website, or content for any illegal, unauthorized, harmful, fraudulent, or abusive purpose.

You may not violate any applicable federal, state, or local law in your use of the Services, including intellectual property laws, consumer protection laws, privacy laws, and laws relating to online conduct.

You must not transmit any worms, viruses, malware, destructive code, or other harmful technology through or in connection with the Services.

A breach or violation of these Terms of Service may result in the suspension or termination of your access to the Services.

SECTION 4 - PRODUCTS, AVAILABILITY, AND PRICING

We make every reasonable effort to present our products accurately. However, product descriptions, specifications, images, colors, finishes, dimensions, accessories, and other product details may vary from how they appear on your device or screen.

Product information is provided for general informational purposes and may be updated, corrected, modified, or discontinued at any time without notice.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, household, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities, discontinue products, modify product specifications, or change prices at any time without notice.

Any offer for any product or service made through the Services is void where prohibited.

SECTION 5 - ORDERS, BILLING, AND PAYMENT

When you place an order through the Services, you are making an offer to purchase the products listed in that order. We reserve the right to accept, decline, cancel, or limit any order for any reason, including suspected fraud, unauthorized activity, incorrect product information, pricing errors, product unavailability, or any other reason at our discretion.

An order is not accepted until we confirm acceptance. We must receive and process payment before accepting an order.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information for all purchases made through the Services. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, complete, and that you are authorized to use the selected payment method.

You agree to pay all charges incurred by you or on your behalf at the prices displayed at the time of purchase, including any applicable taxes or other charges shown during checkout.

Prices, discounts, promotions, and product availability are subject to change without notice. Promotional offers may be subject to additional terms and conditions. If promotion-specific terms conflict with these Terms of Service, the promotion-specific terms will govern for that promotion.

SECTION 6 - PRODUCT INFORMATION AND DISPLAY ACCURACY

We attempt to be as accurate as possible in product descriptions, images, specifications, pricing, and other information shown through the Services. However, we do not warrant that product descriptions, images, specifications, pricing, or other content are accurate, complete, reliable, current, or error-free.

Colors, textures, finishes, and product appearance may vary depending on your device, display settings, lighting conditions, manufacturing tolerances, and product configuration.

We do not warrant that any product purchased through the Services will meet your expectations, unless expressly stated by us in writing.

SECTION 7 - FITNESS EQUIPMENT SAFETY AND USE

TYTAX products are fitness and strength training equipment. Physical exercise, strength training, resistance training, and the use of fitness equipment involve inherent risks, including the risk of serious injury.

You are responsible for using all products safely, responsibly, and in accordance with any instructions, manuals, warnings, labels, specifications, or guidance provided by us.

Before using any fitness equipment, you should inspect the equipment and its components for proper assembly, stability, wear, damage, loose parts, or unsafe conditions. You should not use any product that appears damaged, unstable, incomplete, improperly assembled, or unsafe.

You are responsible for ensuring that any product is assembled, installed, positioned, maintained, and used correctly and in a suitable environment. You are also responsible for ensuring that all users understand proper use and safety precautions.

You should consult a qualified physician or healthcare professional before beginning any exercise program, especially if you have any medical condition, injury, limitation, or concern that may affect your ability to exercise safely.

Do not exceed the stated limits, intended uses, or recommended methods of use for any product. Misuse, improper assembly, unauthorized modification, lack of maintenance, or use contrary to instructions may increase the risk of injury and may void applicable product protections.

SECTION 8 - INTELLECTUAL PROPERTY

The Services, including but not limited to all trademarks, trade names, logos, product names, product designs, text, graphics, images, photographs, videos, audio, reviews, page layouts, icons, software, and the overall design and arrangement of the Services, are owned by TYTAX International LLC, its affiliates, partners, licensors, or other applicable rights holders and are protected by intellectual property laws.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You may not reproduce, duplicate, copy, modify, distribute, publish, display, perform, license, sell, resell, exploit, scrape, extract, download, store, or transmit any part of the Services without our prior written consent, except as expressly permitted by law.

Nothing in these Terms of Service grants you any right, title, interest, or license in or to any intellectual property owned or controlled by TYTAX International LLC, Shopify, or any third party, except for the limited right to access and use the Services in accordance with these Terms.

TYTAX names, logos, product names, service names, designs, slogans, and related marks are trademarks or trade identifiers of TYTAX International LLC or its affiliates or licensors. You may not use them without our prior written permission.

SECTION 9 - USER SUBMISSIONS, REVIEWS, PHOTOS, AND MEDIA

If you submit, upload, post, email, tag, share, or otherwise provide reviews, testimonials, comments, photos, videos, ideas, suggestions, feedback, proposals, plans, or other materials to us or in connection with the Services, including through social media or other online platforms, you represent that you own or have all necessary rights and permissions to provide those materials.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, edit, modify, publish, translate, distribute, display, perform, and otherwise use such materials in connection with operating, improving, advertising, and promoting our business, products, and Services.

You represent and warrant that your materials will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. If your materials include another person’s image, voice, likeness, personal information, or property, you are responsible for obtaining any necessary consent before providing those materials to us.

You agree that your materials will not contain unlawful, abusive, defamatory, obscene, misleading, fraudulent, harmful, or otherwise objectionable content, and will not contain viruses, malware, or other harmful code.

We may, but have no obligation to, monitor, edit, refuse, or remove any user-submitted materials that we determine, in our sole discretion, violate these Terms of Service or are otherwise inappropriate.

You are solely responsible for any materials you submit and their accuracy. We take no responsibility and assume no liability for materials submitted by you or any third party.

SECTION 10 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications, features, integrations, or services offered by third parties. These third-party tools and services may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement by us.

We do not monitor, control, or have responsibility for all third-party tools or services that may be accessible through or connected to the Services. Your use of any third-party tool or service is entirely at your own risk and may be subject to separate terms and policies provided by the relevant third party.

We may offer new features, tools, resources, or services through the Services in the future. Such new features, tools, resources, or services will also be subject to these Terms of Service unless we state otherwise.

SECTION 11 - THIRD-PARTY LINKS

The Services may contain links to third-party websites, materials, content, products, applications, or services that are not owned or controlled by us.

We are not responsible for examining or evaluating the content, accuracy, practices, policies, or security of any third-party websites or services. We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, services, or transactions.

If you access third-party websites or services, you do so at your own risk. You should carefully review the third party’s terms, policies, and practices before engaging in any transaction or providing any information.

SECTION 12 - PRIVACY

Your submission of personal information through the Services is governed by our Privacy Policy.

Because the Services are powered by Shopify, certain personal information may also be processed by Shopify in connection with providing and improving the Services. Shopify’s privacy information for app and service users can be viewed at https://www.shopify.com/legal/privacy/app-users.

By using the Services, you acknowledge that you have had an opportunity to review our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions, including information relating to product descriptions, product specifications, pricing, promotions, offers, or 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 or through the Services is inaccurate at any time without prior notice, including after you have submitted an order.

We undertake no obligation to update, amend, or clarify information on or through the Services except as required by law.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the Services or any content:

(a) for any unlawful, fraudulent, abusive, or malicious purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any federal, state, or local law, rule, regulation, or ordinance; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person; (f) to submit false, misleading, or deceptive information; (g) to upload or transmit viruses, malware, or other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, crawl, scrape, or otherwise engage in abusive automated activity; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Services or any related website.

You also agree not to use any robot, spider, crawler, scraper, data extraction tool, automated process, artificial intelligence tool, or similar technology to access, copy, monitor, extract, or use any portion of the Services without our prior written consent.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated any part of these Terms of Service.

SECTION 15 - AGENTS AND AUTOMATED ACCESS

This section applies if you use, allow, enable, or cause the deployment of any software, service, bot, crawler, artificial intelligence system, automated tool, or other agent that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity to access, use, or interact with the Services.

No such agent may access, use, or interact with the Services unless it clearly identifies itself, operates lawfully, and complies with all technical, security, and access restrictions we apply.

Agents must not conceal or misrepresent their automated nature, mimic human behavior to avoid detection, bypass access controls, circumvent measures intended to distinguish humans from automated systems, or ignore any request from us to stop accessing or interacting with the Services.

We may restrict, block, limit, or otherwise control whether and how any automated system, agent, bot, crawler, scraper, or similar technology accesses, uses, or interacts with the Services.

SECTION 16 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may stop using the Services at any time.

We may terminate these Terms of Service or suspend or terminate your access to the Services, in whole or in part, at any time and without notice if we determine, in our sole discretion, that you have violated these Terms of Service or engaged in conduct that may harm us, Shopify, other users, or any third party.

Termination will not affect any obligations or liabilities incurred before the termination date. Sections that by their nature should survive termination will survive, including provisions relating to intellectual property, user submissions, privacy, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, and any other provisions intended to survive.

SECTION 17 - DISCLAIMER OF WARRANTIES

The Services and all information, content, materials, products, and services made available through the Services are provided for general informational and commercial purposes.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, error-free, accurate, or reliable.

Except as expressly stated by us in writing, the Services and all products and services made available through the Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

SECTION 18 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall TYTAX International LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors, or partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or similar damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from or related to your use of the Services or any product obtained through the Services.

This limitation includes, without limitation, any damages related to errors or omissions in content, the use of or inability to use the Services, the use or misuse of products, reliance on product information, unauthorized access to or alteration of your transmissions or data, or any other matter relating to the Services or products.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TYTAX International LLC and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, and representatives from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, your violation of the rights of a third party, your misuse of the Services, or your misuse of any product.

We may control the defense and settlement of any claim subject to indemnification, and you agree to cooperate with us in the defense of any such claim.

SECTION 20 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER AND ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT

You may not transfer, assign, delegate, or otherwise dispose of these Terms of Service or any of your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms of Service and our rights and obligations without your consent or notice.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

You and TYTAX International LLC agree to submit to the personal jurisdiction and venue of the state and federal courts located in Delaware for disputes arising out of or relating to these Terms of Service or the Services, except where applicable law requires otherwise.

SECTION 24 - HEADINGS

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - 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 to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at [email protected].

TYTAX International LLC