TERMS AND CONDITIONS OF SERVICE
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OVERVIEW
This website is operated by Odylla.
Throughout the site, the terms “we,” “us,” and “our” refer to Odylla.
Odylla offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including all additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services.
By agreeing to Odylla SMS marketing during checkout and initiating a purchase or subscription through our subscription tools, you agree to receive recurring text notifications (regarding your order, including missed payment reminders), text marketing offers, and transactional SMS messages, including requests for feedback from us, even if your mobile phone number is registered on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to stop receiving marketing messages and notifications, you must reply “STOP” to each mobile message we send you or use the unsubscribe link we provide in each of our messages. You understand and agree that other methods of unsubscribing, such as using different wording or other requests, will not be considered reasonable means of unsubscribing. We do not charge for the service, but you are responsible for any messaging fees imposed by your mobile carrier. Messaging and data rates may apply.
If you have any questions, please text HELP to the number from which you received the messages. You can also contact us at https://mystise.com/pages/contact for more information.
We reserve the right to change any phone number or short code used to operate the service at any time. The user will be notified of any such changes. You agree that any message sent to a phone number or short code that we have changed, including any STOP or HELP requests, may not be received and that we are not responsible for fulfilling any requests contained in such messages.
To the extent permitted by applicable law, you agree that we are not liable for any failure, delay, or error in the delivery of any information sent through the service, any error in such information, and/or any action you may or may not take based on the information or service.
Your right to privacy is important to us. You can review our privacy policy at https://mystise.com/pages/privacy-policy to learn how we collect and use your personal information.
SECTION 1 - ONLINE STORE GENERAL CONDITIONS
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, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses, or code of a destructive nature.
Failure to comply with or violation of any of the terms will result in immediate termination of services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any user for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted in an unencrypted form and may include (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without our express written consent.
The headings used in this agreement are for convenience only and shall not limit or affect these terms and conditions.
SECTION 3 - INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in our services, including all source code, databases, functionality, software, website design, audio, video, text, images, and graphics contained in the services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) and treaties in the United States and throughout the world. The Content and Marks are made available on or through the Services “as is” for your personal, non-commercial use only.
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for informational purposes only and should not be relied upon as the sole basis for making decisions without consulting original, more accurate, more complete, or more current sources of information. Use of the content on this site is at your own risk.
This website may contain historical information. Historical information is not necessarily current and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATION OF SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services are available only online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services we offer. We may ship our products directly from our manufacturing facility in China. All product descriptions and prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the site will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order placed by you. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
Please see our return policy for more information.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or involvement.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We accept no liability arising from or in connection with your use of optional third-party tools.
The use of optional tools offered on the site is entirely at your own risk, and you must ensure that you have read and accepted the terms and conditions under which the tools are provided by the relevant third-party providers.
We may also offer new services and/or features through the site in the future (including the provision of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - LINKS TO THIRD PARTIES
Certain content, products, and services available via our Service may include elements from third parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 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 should be directed to the relevant third party.
SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain materials (for example, contest entries) or, without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium the comments submitted to us. We have and will have no obligation (1) to maintain the confidentiality of the comments; (2) to compensate you for the comments; or (3) to respond to the comments.
We may, without obligation, monitor, edit, or remove content that we determine in our sole discretion to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.
You agree that your comments will not violate the rights of third parties, including copyrights, trademarks, privacy, personal property, or other personal or proprietary rights. You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate anyone other than yourself, or mislead us or third parties as to the origin of your comments. You are solely responsible for your comments and their accuracy. We accept no responsibility for comments posted by you or third parties.
ARTICLE 11 - PERSONAL DATA
The transmission of personal data through the store is subject to our privacy policy. To view our Privacy Policy.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information containing typographical errors, inaccuracies, or omissions may appear on our Site or Service, which may relate to product descriptions, prices, 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 on the Service or related website is inaccurate at any time without prior notice (including after you have submitted an order).
We undertake no obligation to update, modify, or clarify information on the Service or any related website, including, but not limited to, pricing information, except as required by law. No specified update or re-post date on the Service or on any related website should be taken to indicate that all information on the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state law, rule, legislation, or ordinance; (d) to violate or infringe upon any international, federal, provincial, or state law, rule, legislation, or ordinance; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) publish false or misleading information (g) upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the service or any related website, other websites, or the internet; (h) collect or track the personal information of others; (i) spamming, phishing, pharming, impersonating, spidering, crawling, or scraping; (j) for obscene or immoral purposes; or (k) interfering with or circumventing the security of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the service for an indefinite period or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are provided (unless expressly stated by us) “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall
Odylla, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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, revenue, goodwill, use, data, or other intangible losses, resulting from your use of or inability to use our service. direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the service or products purchased through the service, or any other claim related in any way to your use of the service or any product, including, but not limited to,
ARTICLE 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service for an indefinite period or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are provided (unless expressly stated by us) “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall
Odylla, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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, revenue, goodwill, use, data, or other intangible losses, resulting from your use of or inability to use our service. direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the service or products purchased through the service, or any other claim related in any way to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or product) posted, uploaded, or otherwise made available through the Service, even if you have been advised of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Odylla and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, contractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 16 - SEVERABILITY
If any provision of these Terms of Service is held to be illegal, invalid, 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 without affecting the validity and enforceability of any other remaining provisions.
ARTICLE 17 - TERMINATION
The obligations and responsibilities of the parties contracted prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain in effect until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If, in our sole judgment, you fail to comply with or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may appropriately deny you access to our services (or any part thereof).
CLAUSE 18 - 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 Use and any policies or operating rules posted by us on this site or in respect 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 Use).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - 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 applicable jurisdiction.
SECTION 20 - 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. By continuing to use or access our website or the service after any changes to these Terms of Service are posted, you accept those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at: contact@odylla.online
