HIMAXOTIC TERMS OF SERVICE

HIMAXOTIC TERMS OF SERVICE

Effective Date: [04.20.2025]

Welcome to Himaxotic ("Himaxotic," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.himaxotic.com (the "Site"), as well as any related services, content, features, platforms (including TikTok Shop and Shopify), and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. ELIGIBILITY
You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using our Services, you represent and warrant that you have the legal capacity to enter into a binding agreement and that all information you provide is accurate and complete.

2. ACCOUNT REGISTRATION
Some features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

3. PRODUCTS AND SERVICES
All products offered are subject to availability. We reserve the right to limit quantities, discontinue products, or modify pricing and descriptions at any time without notice. We make every effort to accurately display our products, but cannot guarantee your device's display of colors is accurate.

4. PRICING AND PAYMENT
Prices are subject to change without notice. Payment must be received in full before shipment. We accept major credit cards, Shop Pay, TikTok Shop payments, and other payment providers as available. You represent that the payment information you provide is accurate and authorized.

5. SHIPPING AND DELIVERY
We strive to process and ship orders within 1–3 business days. Shipping times and rates may vary. Risk of loss passes to you upon delivery to the carrier. We are not responsible for delays due to carrier error, customs, weather, or force majeure events.

6. RETURNS, REFUNDS, AND EXCHANGES
All sales are final. Due to the consumable nature of our products, we do not accept returns or exchanges. If your order arrives damaged or incorrect, contact us at [insert email] within 7 days of receipt with photos and order details.

7. INTELLECTUAL PROPERTY
All content, designs, logos, product packaging, trademarks, and intellectual property on the Site and related platforms are owned by Himaxotic or our licensors. You may not copy, reproduce, republish, upload, transmit, or distribute any content without our express written consent.

8. PROHIBITED USES
You agree not to use the Services for any unlawful purpose or in any way that could harm us or any third party. Prohibited uses include, but are not limited to:

• Violating any laws or regulations;

• Infringing on intellectual property rights;

• Transmitting malicious code or viruses;

• Using bots or automated tools to access the Site;

• Harassing, defaming, or threatening others.

9. DISCLAIMERS
Our products are not evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Use products as directed. You use our Services at your own risk. All Services are provided "as is" and "as available" without warranties of any kind, express or implied.

10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Himaxotic shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services. Our total liability shall not exceed the amount you paid for the applicable product or service.

11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Himaxotic, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, and expenses, including attorneys’ fees, arising from your violation of these Terms or misuse of the Services.

12. PRIVACY POLICY
Your use of the Services is also governed by our Privacy Policy, which can be found at [insert URL]. By using our Services, you consent to our data practices as described.

13. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in [Insert County and State].

14. MODIFICATIONS TO TERMS
We reserve the right to change these Terms at any time. Updated Terms will be posted on the Site with a new effective date. Continued use of the Services constitutes acceptance of the revised Terms.

15. TERMINATION
We may suspend or terminate your access to the Services at our sole discretion, without notice or liability, if you violate these Terms or engage in harmful conduct.

16. CONTACT INFORMATION
For questions about these Terms, please contact us at:

Himaxotic LLC
Email: info@himaxotic.com

Thank you for supporting HIMAXOTIC. FEEL EXOTIC.