Terms of service

TERMS OF SERVICE

GENERAL INFORMATION

Welcome to KINEXO. Throughout this website, the terms "we," "us," and "our" refer to KINEXO. KINEXO operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). KINEXO is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, 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 contain important information regarding your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.

By visiting, accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our 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 at least the age of majority in your state, province, or country of residence and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any products or services we offer, you may be required to provide certain information such as your email address, billing information, payment details, and shipping information.

You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

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

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that product colors and appearance may differ from what is displayed on your screen due to your device type and display settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or exactly match how it appears in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase.

KINEXO reserves the right to accept or reject any order for any reason at its sole discretion. Your order will not be accepted until KINEXO confirms acceptance.

We must receive and process payment before accepting your order.

You should carefully review your order before submitting it, as KINEXO may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Returns and exchanges may only be made in accordance with our Refund Policy [LINK].

You represent and warrant that your purchase is intended for personal or household use only and not for resale or export.

SECTION 4 – PRICING AND BILLING

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

The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email sent to you.

Unless expressly stated otherwise, posted prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

Prices displayed in our online store may differ from prices offered in physical stores or by third-party retailers.

From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

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 information, including email addresses, payment methods, and expiration dates, so that we may complete transactions and contact you as necessary.

You represent and warrant that:

(i) the payment information you provide is accurate and complete;

(ii) you are authorized to use the payment method provided;

(iii) charges incurred will be honored by your payment provider; and

(iv) you will pay all charges incurred, including shipping, handling, taxes, and applicable fees.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.

All delivery times provided are estimates only and are not guaranteed.

We shall not be liable for delays caused by shipping carriers, customs clearance procedures, weather conditions, or events beyond our reasonable control.

Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, graphics, images, product reviews, videos, audio, and the design, selection, and arrangement thereof, are the property of KINEXO, its affiliates, licensors, or partners and are protected by United States and international copyright, trademark, patent, and intellectual property laws.

These Terms grant you a limited right to use the Services solely for your personal, non-commercial use.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or right under any patent, trademark, copyright, or other intellectual property owned by KINEXO, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual property laws and may result in legal action.

All rights not expressly granted herein are reserved by KINEXO.

The name "KINEXO," its logos, product names, service names, designs, and slogans are trademarks of KINEXO and may not be used without prior written permission.

All other trademarks appearing within the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools and services that we neither monitor nor control.

You acknowledge and agree that such tools are provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.

We may also introduce new features, tools, resources, products, or services in the future. Such additions shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, services, and features available through our Services may include materials from third parties.

Third-party links on our website may direct you to websites that are not affiliated with us.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or materials.

We assume no responsibility or liability for any harm or damages related to your access to, use of, or reliance upon any third-party websites, products, services, resources, or content.

Before engaging in any transaction with a third party, you should review their policies and practices carefully.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

KINEXO is powered by Shopify, which enables us to provide the Services.

However, any purchase or sale made through this website is conducted directly between you and KINEXO.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and KINEXO, including any injury, damage, loss, dispute, or claim arising from the purchase of products or services.

You hereby expressly release Shopify and its affiliates from any claims, damages, liabilities, or causes of action arising from or related to your transactions with KINEXO.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy, which can be found here: [LINK].

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain information regarding your access to and use of the Services in order to provide and improve the platform.

Information submitted through the Services may be transmitted to and shared with Shopify and certain third-party service providers, including those located outside your country of residence.

Please review our Privacy Policy for additional information regarding how KINEXO, Shopify, and our service providers process personal information.

SECTION 11 – FEEDBACK AND USER SUBMISSIONS

If you submit, upload, post, email, transmit, or otherwise provide ideas, suggestions, reviews, proposals, plans, comments, or other materials ("Feedback"), you grant KINEXO a perpetual, worldwide, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback in any media for any purpose, including commercial purposes.

You represent and warrant that:

(i) you own or otherwise control all rights to the Feedback;

(ii) you have disclosed any compensation or incentives received in connection with the Feedback;

(iii) the Feedback complies with these Terms.

We are under no obligation to:

  1. Maintain any Feedback in confidence;
  2. Compensate you for any Feedback;
  3. Respond to any Feedback.

We reserve the right, but have no obligation, to monitor, edit, remove, or refuse any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, or otherwise objectionable.

You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights.

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

You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

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

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after an order has been submitted.

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

SECTION 13 – PROHIBITED USES

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

You may not use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;

(b) to violate any applicable international, federal, state, provincial, or local law, regulation, or ordinance;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, intimidate, discriminate against, or otherwise mistreat any person;

(e) to submit false, inaccurate, or misleading information;

(f) to upload, transmit, or distribute any content that violates these Terms;

(g) to send unsolicited advertising, promotional materials, spam, chain letters, junk mail, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity;

(i) to engage in any activity that restricts or interferes with another user's ability to use and enjoy the Services.

In addition, you agree not to:

(a) upload or transmit viruses, malware, or other malicious code;

(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorization;

(c) collect or track the personal information of others;

(d) engage in phishing, pharming, spoofing, or similar deceptive practices;

(e) use robots, spiders, scrapers, automated data collection tools, artificial intelligence agents, or other automated systems to access or interact with the Services;

(f) interfere with or circumvent security features, authentication systems, CAPTCHA protections, robot exclusion mechanisms, or access restrictions.

We reserve the right to suspend, restrict, disable, or terminate your account immediately if we determine that you have violated these Terms.

SECTION 14 – AGENTS

14.1 Application of Agent Terms

This section applies if you use, enable, authorize, or cause any Agent to access, use, or interact with the Services.

An "Agent" means any software, application, artificial intelligence system, automated service, bot, or similar technology that performs autonomous or semi-autonomous actions on behalf of a person or organization.

14.2 Agent Restrictions

No Agent may access, use, or interact with the Services unless it fully complies with the requirements described in these Terms.

We may prohibit any Agent from accessing or interacting with the Services at any time.

14.3 Technical Restrictions

We reserve the right to implement technical measures that restrict, limit, modify, or block Agent access to the Services.

14.4 Agent Identification Requirements

Any Agent accessing the Services must:

(i) clearly identify itself as an Agent in all requests;

(ii) include its name within the User-Agent header;

(iii) not disguise itself as a human user;

(iv) not attempt to bypass CAPTCHAs or other human verification systems;

(v) respond truthfully when asked whether interactions originate from a human or an automated system;

(vi) not circumvent any mechanism intended to regulate or prevent automated access.

SECTION 15 – TERMINATION

We may terminate these Terms or suspend your access to the Services, in whole or in part, at any time and for any reason, without prior notice.

Upon termination, your right to access and use the Services will immediately cease.

Any obligations or liabilities incurred before termination shall survive termination.

The following provisions shall survive termination:

  • Intellectual Property
  • Feedback and User Submissions
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Governing Law
  • Privacy Policy
  • Any other provisions that by their nature should survive termination

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided through the Services is for general informational purposes only.

We do not guarantee the accuracy, completeness, reliability, or usefulness of any information available through the Services.

Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY KINEXO, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINEXO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE
  • DURABILITY
  • NON-INFRINGEMENT
  • QUALITY
  • PERFORMANCE

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED;
  • THE SERVICES WILL BE ERROR-FREE;
  • THE SERVICES WILL BE SECURE;
  • THE SERVICES WILL MEET YOUR EXPECTATIONS;
  • ANY DEFECTS WILL BE CORRECTED.

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

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINEXO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY:

  • DIRECT DAMAGES;
  • INDIRECT DAMAGES;
  • INCIDENTAL DAMAGES;
  • SPECIAL DAMAGES;
  • CONSEQUENTIAL DAMAGES;
  • EXEMPLARY DAMAGES;
  • PUNITIVE DAMAGES;

INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF BUSINESS;
  • LOSS OF SAVINGS;
  • LOSS OF DATA;
  • BUSINESS INTERRUPTION;
  • PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IT ALSO APPLIES TO ANY CLAIM ARISING FROM:

  • YOUR USE OF THE SERVICES;
  • YOUR INABILITY TO USE THE SERVICES;
  • ANY PRODUCT PURCHASED THROUGH THE SERVICES;
  • ERRORS OR OMISSIONS IN CONTENT;
  • UNAUTHORIZED ACCESS TO DATA;
  • ANY LOSS OR DAMAGE ARISING FROM CONTENT MADE AVAILABLE THROUGH THE SERVICES.

EVEN IF KINEXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KINEXO, Shopify, and their respective affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and partners from and against any claims, demands, actions, damages, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:

  1. Your breach of these Terms of Service;
  2. Your violation of any law, regulation, or third-party right;
  3. Your misuse of the Services;
  4. Any content, information, or materials submitted by you through the Services.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification at your expense.

You agree to cooperate fully in the defense of any such claim and to provide all reasonably requested information and documentation.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless 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 the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure by 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 relation to the Service 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 the Terms of Service).

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

SECTION 21 - ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts of the jurisdiction in which KINEXO is headquartered. You and KINEXO agree to the jurisdiction and personal venue of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with 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 the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to: hellokinexo@gmail.com