Terms of service
Terms of Service
Overview
Welcome to Activiofit! References to "we," "us," and "our" refer to Activiofit. Activiofit operates this store and website, including all related information, content, features, tools, products, and services offered to you (the customer) as a curated shopping experience (collectively, the "Service"). Activiofit is powered by Shopify, enabling us to provide you with this Service.
The following terms and conditions, along with any policies referenced herein (collectively, "Terms of Service" or "Terms"), govern your rights and responsibilities when using the Service.
Please read these Terms carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.
By visiting, using, or interacting with our Service, you agree to be bound by these Terms and our Privacy Policy [link]. If you do not agree, please do not use or access our Service.
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 of residence, and that you consent to allowing any minor dependents to use this Service on devices you own, purchase, or manage.
To use the Service — including browsing our online store or purchasing products or services — you may be required to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, 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 all account activity. You may not transfer, sell, assign, or authorize your account to any other person.
Section 2 – Our Products
We make every effort to accurately display our products and services in our online store. However, please note that colors or appearances may differ from what is shown on screen, depending on the device and settings you use to access the store.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match descriptions or images in our online store.
We reserve the right to modify product descriptions at any time without notice, and to discontinue any product at any time. We may also limit the quantity of products available to any person, geographic region, or jurisdiction at our discretion.
Section 3 – Orders
By submitting an order, you are making an offer to purchase. Activiofit reserves the right to accept or refuse any order at its sole discretion. Your order is not accepted until Activiofit confirms acceptance. Payment must be received and processed before we accept your order. Please review your order carefully before submitting, as Activiofit may be unable to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you via the email address, billing address, or phone number provided at checkout.
Products purchased may only be returned or exchanged in accordance with our Refund Policy [link].
Your purchases are for personal or household use only and may not be resold commercially or exported.
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 order submission and will be confirmed in your order confirmation email. Unless otherwise stated, published prices do not include taxes, shipping, handling fees, duties, or import charges.
Prices in our online store may differ from those in physical stores or other third-party platforms. We may offer promotional pricing from time to time, which is governed by separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including email address, credit card number, and expiration date, so we can complete transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.
Section 5 – Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery timeframes are estimates only and cannot be guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we transfer goods to the carrier, title and risk of loss pass to you.
Section 6 – Intellectual Property
Our Service — including all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement — is owned by Activiofit, its affiliates, or licensors, and is protected by U.S. and international intellectual property laws.
These Terms permit you to use the Service for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from our Service without our prior written consent.
Nothing in these Terms grants you any license or right to use any patent, trademark, copyright, or other intellectual property of Activiofit, Shopify, or any third party beyond what is expressly stated herein. Unauthorized use may violate applicable intellectual property laws. Activiofit reserves all rights not expressly granted in these Terms.
Activiofit's name, logo, product and service names, designs, and slogans are trademarks of Activiofit or its affiliates or licensors. You may not use such marks without Activiofit's prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks are the property of their respective owners.
Section 7 – Optional Tools
As part of the Service, you may have access to third-party tools that we do not monitor, control, or intervene in.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind. We are not liable for any issues arising from your use of optional third-party tools.
Your use of optional tools offered through this website is entirely at your own risk and discretion. You should ensure you are familiar with and agree to the terms of the relevant third-party providers.
We may also offer new features through the Service in the future (including new tools and resources), which will also be subject to these Terms.
Section 8 – Third-Party Links
The Service may contain links to third-party websites or content. We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or websites. If you choose to leave the Service to access third-party content, you do so at your own risk.
We are not liable for any harm or loss related to your access of third-party websites or your purchase or use of any goods, services, resources, or content from third parties. Please review third-party policies carefully before engaging in any transaction. Complaints or concerns regarding third-party products or services should be directed to the third party.
Section 9 – Relationship with Shopify
Activiofit is powered by Shopify, which enables us to provide you with the Service. However, any sales and purchases made through our store are directly with Activiofit. By using the Service, you acknowledge and agree that Shopify has no responsibility for any aspect of sales between you and Activiofit, including any injury, damage, or loss arising from the purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Activiofit.
Section 10 – Privacy Policy
All personal information collected through the Service is governed by our Privacy Policy [link]. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Service, you confirm that you have read our Privacy Policy.
As the Service is hosted by Shopify, Shopify collects and processes personal information about your access and use of the Service in order to provide and improve it. Information you submit through the Service may be transferred to and shared with Shopify and third parties (which may be located outside your country of residence) to provide the Service. Please refer to our Privacy Policy [link] for more information on how we, Shopify, and our partners use your personal information.
Section 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "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.
You also represent and warrant that: (i) you own all Feedback and all necessary rights therein; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep Feedback confidential; (2) compensate you for Feedback; or (3) respond to Feedback.
We may, at our sole discretion, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain defamatory, unlawful, abusive, or obscene content, or any malicious code. You may not use false email addresses, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the accuracy of your Feedback. We are not responsible for any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies, and Omissions
Information on the Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without notice, including after an order has been submitted.
Section 13 – Prohibited Uses
You may only use the Service for lawful purposes. You may not use the Service: (a) for any unlawful or malicious purpose; (b) in violation of any applicable international, federal, provincial, or state laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including spam, chain letters, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that may harm Activiofit, Shopify, or users of the Service.
You also agree not to: (a) upload or transmit viruses or any malicious code; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Service; (c) collect or track others' personal information; (d) engage in spam, phishing, pharming, or spoofing; (e) use any bots, spiders, scrapers, data collection tools, automated devices, AI tools (such as agentic AI), or any automated or manual means to access the Service; or (f) interfere with, bypass, or circumvent any security or access-control features, robot exclusion headers, or other measures used to restrict access to the Service. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.
Section 14 – Agents
14.1 This section ("Agent Terms") applies if you use, permit, enable, or facilitate the deployment of an agent to access, use, or interact with the Service. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, without direct supervision, on behalf of a person or using a person's device.
14.2 No agent may access, use, or interact with the Service unless it identifies itself at all times and operates strictly in accordance with Section 14.4. No agent may access, use, or interact with the Service if we have requested that it refrain from doing so.
14.3 We may restrict (including through technical measures) whether and how any agent accesses, uses, or interacts with the Service.
14.4 Agents must: (i) identify that requests originate from an agent in all HTTP/HTTPS requests by disclosing the agent name in the request's user-agent string as follows: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction originates from an agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer from human use; (iii) truthfully respond to any question or prompt seeking to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or otherwise avoid any measures designed to block, limit, modify, or control whether and how an agent accesses, uses, or interacts with the Service.
Section 15 – Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time at our sole discretion without notice. You remain liable for all amounts due up to and including the date of termination.
The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive.
Section 16 – Disclaimer
Information displayed on or provided through the Service is for general informational purposes only. We make no warranties as to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We are not liable for any reliance placed on such information by you or any other visitor to the Service.
Except as expressly stated by Activiofit, the Service and all products provided through it are offered on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.
Section 17 – Limitation of Liability
To the maximum extent permitted by law, Activiofit, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors — or those of Shopify and its affiliates — shall not be liable for any claims arising from or related to your use of the Service or any products purchased through it, including any errors or omissions in content, or any loss, damage, or injury of any nature, including direct, indirect, incidental, punitive, special, or consequential damages (including lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages), whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
Section 18 – Indemnification
You agree to indemnify, defend, and hold harmless Activiofit, Shopify and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable attorneys' fees) arising from: (1) your breach of these Terms or any incorporated documents; (2) your violation of any law or infringement of any third-party rights; or (3) your access to and use of the Service.
We will notify you of any indemnifiable claim, though failure to provide timely notice will not relieve your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of such claims (including selection of counsel) at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of indemnifiable claims, including providing relevant documentation.
Section 19 – Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.
Section 20 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted on this website or in connection with the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 – Assignment
You may not delegate, assign, or transfer this agreement or any rights or obligations under these Terms without our prior written consent; any attempted assignment shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
Section 22 – Governing Law
These Terms and any separate agreements through which we provide you the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Activiofit's principal place of business is located. You and Activiofit agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
Section 23 – Headings
Headings used in this agreement are 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 to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
Section 25 – Contact Information
If you have any questions about these Terms of Service, please contact us by email at support@activiofit.com.
Our contact details are as follows: Activiofit support@activiofit.com [Insert business address] [Insert business phone number] [Insert business registration number] [Insert VAT number, if applicable]