Terms of service

OVERVIEW
Welcome to Elvara Labs! The terms "we," "us," and "our" refer to Elvara Labs. Elvara Labs operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Elvara Labs uses the Shopify platform, which allows us to provide you with the Services.

The terms and conditions below, together with the policies referenced herein (the "Terms of Service" or "TOS"), 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, including disclaimers of warranties 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 the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your account credentials and for any activity associated with your account. You are not permitted to transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be identical to what is displayed or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any products 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. Elvara Labs reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not considered accepted until confirmed in writing by Elvara Labs. We must receive and process your payment before your order is finalized. Please review your order carefully before submitting it, as Elvara Labs may not be able to accept cancellation requests once an order has been confirmed. If your order is refused, modified, or canceled, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of your order.

Your purchases are subject to the return or exchange terms set out in our Refund Policy.

You represent and warrant that your purchases are for personal or household use, and not for commercial 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 of your order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may impact pricing and that are governed by their own terms and conditions, separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.

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

You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use that card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All stated delivery times are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs procedures, or any event beyond our control. Once products are handed over to the carrier, title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection, and arrangement, are the exclusive property of Elvara Labs, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Elvara Labs, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by Elvara Labs.

The names, logos, product and service names, designs, and slogans of Elvara Labs are trademarks of Elvara Labs, its affiliates, or its licensors. You may not use them without the prior written permission of Elvara Labs. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided access to third-party client tools as part of the Services, tools which we do not monitor and 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 any warranty, representation, or condition of any kind, and without endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered on the site is at your own risk and sole discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to these tools, as set by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including making new tools and resources available). Any such new features will be considered an integral part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). 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 such third-party materials or sites, you do so at your own risk.

We disclaim any liability for harm or damage related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on such sites. We encourage you to carefully review third parties' policies and practices and to make sure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Elvara Labs is powered by Shopify, which allows us to provide you with the Services. However, any sale or purchase made in our Store is made directly with Elvara Labs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Elvara Labs, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchase and your transaction with Elvara Labs.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one where you reside, in order to provide the services to you. See our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, opinions, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, 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 the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyrights, trademarks, data protection rights, personality rights, or other personal or property rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, nor any computer virus or malicious software capable of affecting the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating any person, or misleading us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim any liability and cannot be held responsible for Feedback posted by you or by a third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, particularly regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without notice (including after your order has been submitted).

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of Elvara Labs, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, download, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that could restrict or hinder anyone else's use or enjoyment of the Services, or that, in our judgment, could harm Elvara Labs, Shopify, users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code capable of affecting the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting via the Services; (e) use bots, spiders, scraping tools, data harvesting or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of, or under the instruction of, a person or entity, and which may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, the ability of and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) honestly answer any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not bypass or evade any measure intended to block, limit, modify, or control the access, use, or interactions of Agents with the Services.

SECTION 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranty regarding any consequences arising from the use of such information by you, any other visitor to the Services, or any person informed of its content.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Elvara Labs, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim, including reasonable attorneys' fees, owed to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to promptly notify you will not relieve you of your obligations, except to the extent you are materially prejudiced as a result. We may assume the defense and settlement of any claim at your expense, including selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you will not unreasonably withhold). You will cooperate in the defense of any claim covered by this indemnity, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is found 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 a determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure 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, together with 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. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, 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 delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW
These Terms of Service, as well as any separate agreement under which we provide you the Services, shall be governed by and construed in accordance with the federal laws and the laws of the state or territory of the courts having jurisdiction in the location where Elvara Labs is headquartered. You and Elvara Labs expressly consent to the territorial and personal jurisdiction of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

SECTION 24 - CHANGES TO THE 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 site 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 any changes to these Terms are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at: pierrefabre@inbox.eu.

Our contact details are listed below:
Elvara Labs
pierrefabre@inbox.eu