Terms of service

Welcome to XIO! The terms "we," "us," and "our" refer to XIO. XIO 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"). XIO is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein ("Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 our Privacy Policy, you must 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 otherwise manage.

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

You are solely responsible for maintaining the security of your account credentials and for all activity 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 accurately represent our products and services on our online store. However, please note that colors or product appearance may differ from how they appear on your screen, depending on your device and its display settings.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those described or displayed 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 products offered to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are submitting an offer to purchase. XIO reserves the right to accept or decline your order for any reason, at our sole discretion. Your order will not be accepted until XIO confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as XIO may not be able to accommodate cancellation requests once an order has been received. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, 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 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 the order is placed and will be set out in your order confirmation email. Unless otherwise stated, prices displayed do not include taxes, shipping, handling, customs, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or through other online stores operated by third parties. We may, from time to time, offer promotions on the Services, which may affect pricing and are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store, and to promptly update such information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment details you supply are true, correct, and complete, (ii) you are duly authorized to use the payment method for the purpose of the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we transfer products to the shipping carrier, ownership and risk of loss pass to you.

Section 6 - Intellectual Property

Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are owned by XIO, its affiliates, or its licensors, and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of XIO, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved to XIO.

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

Section 7 - Optional Tools

We may provide you with access to third-party tools that 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 warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or related 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 on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features or services through the Services (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and links to websites provided or operated by third parties, including any embedded third-party functionality. 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 materials or third-party sites, you do so entirely at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify

XIO is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make through our store takes place directly between you and XIO. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and XIO, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising out of or related to your purchases and transactions with XIO.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy policy, which can be viewed 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 regarding 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 transferred to and shared with Shopify, as well as third parties who may be located in countries other than the one in which you reside, in order to provide and improve the Services for you. Please see our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("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, including commercial use, in order to operate, provide, evaluate, improve, and promote the Services.

You represent and warrant that: (i) you own or otherwise have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 (including after you have submitted your order).

Section 13 - Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or fraudulent purpose; (b) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (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, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, transmit, or knowingly receive any material that does not comply with these Terms; (g) to transmit any unsolicited or unauthorized advertising, promotional material, spam, or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm XIO, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, phishing attempts, or unsolicited advertising to the Services; (e) use any robot, spider, scraper, data-mining tool, automated process, or artificial intelligence tool to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features of the Services. 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 - Agents

These provisions apply if you use, allow, or cause the deployment of an automated agent to access, use, or interact with the Services. Any such agent must identify itself as such in all requests, must not disguise or obscure that its access, use, or interactions are automated, must respond honestly to any question about whether it is a human or a computer, and must not bypass or circumvent any measures we use to control access to the Services. We may restrict, including through technical means, whether and how any agent accesses, uses, or interacts with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any portion thereof) at 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.

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

Section 16 - Disclaimer of Warranties

The information available on or through the Services is provided for general informational purposes only. We make no representations or warranties as to 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 responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by XIO, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Section 17 - Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall XIO, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, 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 their possibility.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless XIO, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (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 or use of the Services.

We will notify you of any indemnifiable claim; however, failure to give prompt notice will not relieve you of your indemnification obligations except to the extent it results in material prejudice. We may control the defense and settlement of any such claim at your expense, including selecting counsel, but we will not settle any claim in a way that imposes non-monetary obligations on you without your consent (which will not be unreasonably withheld). You agree to cooperate in the defense of any claim, including by providing relevant documents.

Section 19 - 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 severed from these Terms of Service; such determination shall not affect the validity and 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, 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 (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities 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, and any such attempt will be void. We may transfer, delegate, or assign these Terms and our rights and obligations without consent or notice to you.

Section 22 - Governing Law

These Terms of Service and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which XIO's headquarters are located. You and XIO consent to the venue and personal jurisdiction 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 to 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 following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 - Contact Information

Questions regarding these Terms of Service should be sent to us at support@tryxio.com.

Our contact information is provided below:

support@tryxio.com