Terms of service

[Disclaimer general policy: The materials below are for informational purposes only and do not constitute advertising, invitation or legal advice.

This template can be translated using automated technology. Translations are given for your convenience only. Shopify accepts no liability for errors or omissions in translations.Read these materials carefully and adjust them where necessary.The information contained in these materials may or may not reflect the most current legal developments; accordingly, Shopify does not guarantee that such information is correct or complete. You should not rely on this information for any purpose without seeking legal advice from a competent lawyer in your state or province.Use of, access to, or submission of these materials or any of the links herein is not intended to create a lawyer-client relationship between you and Shopify, and the receipt thereof does not constitute a lawyer-client relationship between you and Shopify. Shopify expressly disclaims all liability with respect to your use or publication of these materials and any actions taken or not taken on the basis of these materials].

OVERVIEW

Welcome to Xevora! The terms "we", "us" and "our" refer to Xevora. Xevora manages this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a customized shopping experience (the “Services”). Xevora is powered by Shopify, which allows us to deliver the Services to you.

The terms and conditions below, along with any policies referred to herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, communicating with them 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 the 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 the state or province in which you reside, and you have given us permission for minors dependent on you to use the Services on devices you own, purchase or operate.

To use the Services, including accessing or browing our webshops or purchasing any of the following

The products or services we offer, you may be asked to provide certain information, such as your email address, billing, delivery address and payment details. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all the rights necessary to provide this information.

You are solely responsible for the security of your account login details and for all your account activities. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have done everything we can to provide an accurate representation of our products and services in our webshops. However, keep in mind that the colors or appearance of products may differ from how they appear on your screen, due to the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of products or services purchased by you meet your expectations or are the same as shown or delivered in our webshops.

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

Part 3 - ORDERS

When you place an order, you make a purchase offer. Xevora reserves the right to accept or refuse your order for any reason at its own discretion. Your order is only accepted after Xevora has confirmed acceptance. We must receive and process your payment before your order is accepted. Please check your order carefully before shipping, as Xevora may not be able to process cancellation requests after an order is accepted. In the event that we do not accept, change or cancel an order, we will try to notify you by contacting the email address, billing address and/or telephone number you provided when placing the order.

Your purchases can only be returned or exchanged in accordance with our Refund Policy [LINK].

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

PART 4 - PRICING AND INVOICING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service is the price that applies at the time the order is placed and stated in the email confirming your order. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping and handling costs and customs or import duties.

Prices in our webshops may differ from prices in physical stores or in online stores or other stores managed by external parties. We may from time to time offer promotions on the Services that may affect pricing and that are subject to terms and conditions that are separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions for the promotion will apply.

You agree to provide up-to-date, complete and accurate purchase, payment and account details for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card details you provide are true, accurate, and complete, (ii) you are properly authorized to use any such credit card for the purchase, (iii) any charges made by you will be honored by your credit card company, and (iv) you will pay for any charges you have made at the prices listed, including shipping and handling fees and all applicable taxes, if applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events over which we have no control. Once we transfer the products to the carrier, the title and risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trademarks, text, displays, images, graphics, product checks, video and audio, and their design, selection and ranking, are the property of Xevora, are affiliated companies or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create, publicly display, perform in public, republish, download, store or transmit the material on the Services without our prior written consent. Unless otherwise expressly provided herein, nothing in these Terms grants you any license or other rights or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Xevora, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Xevora.

Xevora's names, logos, product and service names, designs and slogans are trademarks of Xevora or its subsidiaries or licensors. You may not use such trademarks without the prior written consent of Xevora. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may access customer tools provided by third parties as part of the Services, over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or terms of any kind and without any approval. We have no liability whatsoever arising out of or related to your use of optional third-party tools.

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

We may also offer new features through the Services in the future (including the release of new tools and tools). Such new features are also deemed to be part of the Services and are subject to these Terms of Service.

SECTION 8 - LINKS OF EXTERNAL PARTIES

The Services may contain materials and hyperlinks to websites provided or managed by third parties (including embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of third parties that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any damage or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Carefully review the policies and practices of the third party and ensure that you understand them before entering into a transaction. Complaints, claims, concerns or questions about products and services from third parties should be addressed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your shop and should not be deleted or changed].

Xevora is powered by Shopify, which allows us to deliver the Services to you. However, all sales and purchases you make in our Store are made directly with Xevora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Xevora, including injury, damage, or loss as a result of purchased products and services. You hereby expressly disclaim any of all claims, damages and liabilities arising out of or related to your purchases and transactions with Xevora.

Seem 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be sent to and shared with Shopify and third parties that may be located in countries other than where you live, in order to provide services to you. Check our Privacy Policy [LINK] to learn more about how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise send ideas, suggestions, feedback, reviews, suggestions, subscriptions, or other content (commminately, “Feedback”), you grant us a perpetual, worldwide, sublicenseable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium whatsoever for any purpose, including for commercial use. For example, we may use our rights under this license to operate, deliver, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obliged (1) to treat your Feedback confidentially; (2) to pay a fee for your Feedback; or (3) to respond to your Feedback.

We may verify, edit or remove any feedback that we determine in our sole discretion to be unlawful, abusive, threatening, defamatory, pornographic, obscene or otherwise reprehensible or violate any party's intellectual property or these Terms of Service, but are not required to do so.

You agree that your Feedback does not infringe any rights of any third party, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, offensive or obscene Feedback, or contains any computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, do not pretend to be anyone other than yourself or otherwise mislead us or external parties as to the origin of feedback. You are solely responsible for all the feedback you give and its accuracy. We take no responsibility and accept no liability for feedback posted by you or an external party.

SECTION 12 - ERRORS, INACCURACIES AND OMITTANCES

Occasionally, information may appear on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping pricing, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if the information is incorrect at any time without prior notice (including after you submit your order).

SECTION 13 - PROHIBITED USE

You may only visit and use the Services for lawful purposes. You are not allowed to directly or indirectly access or use the Services (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state ordinances, rules, laws or local regulations; (c) to infringe our intellectual property rights or infringe the intellectual property rights of others; (d) harass, abuse, insult, harm, encumber, intimidate, intimidate or harm our employees or other persons; (e) send incorrect or misleading information; (f) send, knowingly receive, upload, download, use material Or reuse that is not in accordance with these Terms; (g) send or have sent advertising or promotional material, including “junk mail”, chain letters', “spam” or other similar requests; (h) impersonate or attempt to impersonate another person or entity; or (i) participate in any other conduct that restricts or hinders anyone's use or enjoyment of the Services, or that, as determined by us, may harm Xevora, Shopify or users of the Services, or may expose them to liability.

In addition, you agree not to: (a) upload or transfer viruses or other malicious code that will or may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or trace the personal information of others; (d) spam, phishing, pharmen or pretend the Services; (e) use robots, spiders, scrape, data collection and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) The security or authorization features, robotic exclusion headers, or other measures we use to restrict, disrupt, circumvent, or circumvent access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or allow an Agent to be used to access, use, or interact with Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or on behalf of persons or entities and that can be carried out on behalf of or using a person's device without direct supervision.

14.2 An Agent may not access, use, or communicate with the Services unless he identifies himself at all times and acts in strict accordance with the requirements in section 14.4 below. In addition, an Agent may not access, use or communicate with Services if we have requested the Agent to refrain from accessing, using or interacting with any Service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request comes from an Agent and disclose the Agent's name by including the following in the user-agent string of the request: “Agent/[agent name]”; (ii) not conceal or concealing that access, use, or interactions come from an Agent, such as by (a) imitating human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from people, (iii) truthfully answering questions or prompts intended to determine whether interactions originate Of a person or a computer, (iv) not to circumvent or otherwise avoid any action intended to block, limit, modify or control whether and how Agents access, use or communicate with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time in our sole discretion and without notice, and you shall remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Separity, Disclaimer; Full Agreement, Transfer, Applicable Law, Privacy Policy and other provisions that, by their nature, should remain in force after termination.

SECTION 16 - REJECTION OF GUARANTEES

The information presented on or through the Services is made available for general information purposes only. We do not want for the accuracy, completeness or usability of this information. Any trust you place in such information is strictly at your own risk. We disclaim all liability and liability arising from the trust placed by you or any other visitor to the Services in such materials, or by anyone informed of their content.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES 'AS IS' AND 'AS AVAILABLE' ARE PROVIDED FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF SALEABILITY, SALEABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE REJECTION OF IMPLICIT OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER OF LIABILITY MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS SUBSIDIARIES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGE, REGARDLESS OF WHETHER BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMITS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED THROUGH THE SERVICES, SENT OR OTHERWISE MADE AVAILABLE, EVEN IF YOU HAVE BEEN MADE AWARE OF THE ABILITY TO DO SO.

SECTION 18 - INDEMNITY

You agree to indemnify, defend and indemnify Xevora, Shopify, and our subsidiaries, partners, officers, directors, employees, agents, contractors, licensors and service providers against all losses, damages, liabilities or claims, including reasonable attorneys' fees, to pay to third parties arising out of or arising out of (1) your violation of these Terms of Service or the documents referred to, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will inform you of any claim that is eligible for indemnification, on the understanding that a failure to promptly notify you will not release you from your obligations, unless you are materially disadvantaged. We may arrange the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent (which may not be withheld for unreasonable grounds). You will participate in the defense of damage claims, including by providing relevant documents.

SECTION 19 – SEPARABILITY

In the event that a provision of these Terms of Service is found to be unlawful, void or non-enforceable, such provision will nevertheless be enforceable to the extent permitted by applicable law and the non-enforceable portion shall be deemed to be separate from these Terms of Service, and such a statement will not affect the validity and enforceability of the remaining provisions.

PART 20 - WAIVER; ENTIRE AGREEMENT

Our non-enforcement of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and all policies or terms of use placed by us on this site or in connection with the Service constitute the entire agreement and agreement between you and us and apply to your use of the Service, and supersede all prior or simultaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be explained to the disadvantage of the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations to you without permission or notice.

SECTION 22 - APPLICABLE LAW

These Terms of Service and any individual agreements in which we provide services to you are governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Xevora is located. You and Xevora consent to location and personal jurisdiction in such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can view the most recent version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to regularly check our website for 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 provided in the notice. Your continued use of or access to the Services after changes to these Terms of Service have been posted means that you accept those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service can be sent to us at support@getxevora.com.

Our contact details can be found below:

XEVORA

Support@getxevora.com

Chamber of Commerce: 8451210

VAT NO.: NL003804150B37