Terms of service

OVERVIEW

Welcome to Flow Fit Gear! The terms "we", "us" and "our" refer to Flow Fit Gear. Flow Fit Gear 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"). Flow Fit Gear 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. 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, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province. To use the Services, you may be asked to provide certain information, such as your email address, billing, and shipping information. You represent that all information provided is correct and complete. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer or sell your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to provide an accurate representation of our products. However, colors and appearance may differ based on your device settings. We do not warrant that the quality of any products purchased will meet your expectations exactly as rendered online. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Flow Fit Gear reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm it and process your payment. Please review your order carefully, as we may be unable to accommodate cancellations after acceptance. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You warrant that purchases are for personal use and not for resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. Posted prices do not include taxes, shipping, or customs charges unless stated. You agree to provide current and accurate purchase and account information so we can complete transactions. You represent that the credit card information provided is true and that you are authorized to use it. You agree to pay all charges incurred at the posted prices, including applicable shipping fees and taxes.

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 carriers, customs, or events outside our control. Once we transfer products to the carrier, the title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

All content on our Services, including trademarks, images, graphics, and audio, is owned by Flow Fit Gear, its affiliates, or licensors and is protected by intellectual property laws. You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, or modify any material without our prior written consent. Unauthorized use may violate federal and state laws.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools which we neither monitor nor control. These tools are provided "as is" and "as available" without any warranties. Your use of optional tools is entirely at your own risk, and you should ensure you are familiar with the terms provided by the relevant third-party providers.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites. We are not responsible for examining the content or accuracy of these sites. We are not liable for any harm or damages related to your access or purchase from third-party websites. Please review the third-party's policies carefully before engaging in any transaction.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information to provide and improve the Services. By using the Services, you acknowledge that you have read our privacy policies regarding how your data is transmitted and shared.

SECTION 11 - FEEDBACK

If you submit ideas, reviews, or suggestions ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, modify, and distribute that Feedback for any purpose. We are under no obligation to maintain Feedback in confidence or pay compensation. You represent that your Feedback does not violate any third-party rights or contain malicious code. You are solely responsible for the accuracy of any Feedback you post.

SECTION 13 - PROHIBITED USES

You may use the Services for lawful purposes only. Prohibited activities include using the Services for malicious intent, infringing on intellectual property, harassing others, transmitting viruses, or using automated tools like robots or AI scraping tools to access the Services without permission. We reserve the right to terminate your account for violating any prohibited use.

SECTION 14 - AGENTS

This section applies if you use an "Agent" (software that takes autonomous action) to interact with the Services. Agents must identify themselves in HTTP/HTTPS requests using the "Agent/[agent name]" string and must not attempt to mimic human behavior or circumvent CAPTCHAs. We may limit or block Agent access at our discretion.

SECTION 16 - DISCLAIMER OF WARRANTIES

The Services and all products are provided 'as is' and 'as available' without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose. We do not guarantee that your use of the Services will be uninterrupted, timely, or error-free.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent provided by law, Flow Fit Gear and its partners shall not be liable for any injury, loss, or consequential damages arising from your use of the Services or any products procured. This includes lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Flow Fit Gear, Shopify, and our affiliates from any claims or liabilities, including attorney's fees, arising out of your breach of these Terms, your violation of any law, or your use of the Services.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the federal and state laws of the jurisdiction where Flow Fit Gear is headquartered. You consent to the personal jurisdiction of such courts.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change any part of these Terms of Service by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.