Terms of service
Overview
Welcome to Omvyra Labs. The terms “we”, “us”, and “our” refer to Omvyra Labs. Omvyra Labs 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”).
Omvyra Labs is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, 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 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 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 stores or purchasing any of the 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 the information you provide in our stores 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 and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products 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 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. Omvyra Labs reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Omvyra Labs confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 - Prices 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at 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 as needed.
Section 5 - Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Omvyra Labs, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other 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 of the material on the Services without our prior written consent.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites 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.
Section 9 - Relationship with Shopify
Omvyra Labs is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Omvyra Labs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Omvyra Labs, including any injury, damage, or loss resulting from purchased products and services.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our policies. 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.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 any information is inaccurate at any time without prior notice.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful or malicious purpose, to violate any regulations, to infringe upon intellectual property rights, to harass or abuse others, or to transmit false or misleading information. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Section 15 - Disclaimer of Warranties
Except as expressly stated by Omvyra Labs, the services and all products offered through the services are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.
Section 16 - Limitation of Liability
To the fullest extent provided by law, in no case shall Omvyra Labs, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Omvyra Labs and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of your breach of these Terms of Service.
Section 18 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Section 19 - Waiver; 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 constitute the entire agreement and understanding between you and us.
Section 20 - 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 laws of the State of Massachusetts, United States. You and Omvyra Labs consent to venue and personal jurisdiction in such courts.
Section 21 - 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
Section 22 - Contact Information
Questions about the Terms of Service should be sent to us at Support@omvyralabs.co.
Omvyra Labs 82 Wendell Ave ST 100 Pittsfield, MA 01201 United States
Support Email: Support@omvyralabs.co Business Hours: 9:00 AM – 7:00 PM EST (Mon-Sun)