TERMS OF SERVICE

Last updated February 26, 2025
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This website is operated by Fyla . Throughout the site, the terms “we”, “us” and “our” refer to Fyla. Fyla 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 AND CONDITIONS”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These TERMS AND CONDITIONS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these TERMS AND CONDITIONS carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TERMS AND CONDITIONS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these TERMS AND CONDITIONS are considered an offer, acceptance is expressly limited to these TERMS AND CONDITIONS.

Any new features or tools which are added to the current store shall also be subject to the TERMS AND CONDITIONS. You can review the most current version of the TERMS AND CONDITIONS at any time on this page. We reserve the right to update, change or replace any part of these TERMS AND CONDITIONS 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.


1. DESCRIPTION OF THE SERVICES

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and allows Users to purchase such products through the Platform. The Platform also allows Users to establish an account, post reviews (or other user generated content), sign up for product waitlists and/or our newsletter, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with the Company (the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy.

2. PERSONAL INFORMATION AND USER ACCOUNTS

Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”).Your submission of personal information to us is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Service.By using the Platform and the Services, you also agree to our Privacy Policy.

By providing Customer Data, including as part of the account creation process, you agree: (i) to these Terms of Service and our Privacy Policy; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur under any customer account you create or that is otherwise created for your use.

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

3. ELIGIBILITY

The Platform is intended solely for Users who can form legally binding contracts under applicable law and are of legal age of majority in their place of residence, and any registration by, use of or access to the Platform by anyone who does not meet these criteria is unauthorized, unlicensed and in violation of these Terms of Service. By using the Services or the Platform, you represent and warrant that you can form a legally binding contract under applicable law and are of legal age of majority where you reside, and that you agree to abide by all of the terms and conditions of these Terms of Service.

4. PROPRIETARY RIGHTS

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Platform and the Services, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Platform and the Services does not grant to you ownership or title of, in or to any Site Content or any other part of the Platform or Services.

The trademarks displayed on the Platform are the trademarks, logos, service marks, and/or trade dress of Company or other third parties, and may not be used without the prior express written permission of the applicable owner.Nothing contained on the Platform or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed thereon without the prior written permission of the rights holder. The use of third-party trademarks, logos, service marks or trade names on the Platform or the Services does not, in itself, constitute an endorsement of any third party or its products or services, or such third party’s endorsement of Company or its products.

Except as specifically provided herein, none of the Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without prior written permission from us in each instance. Subject to the terms and conditions set forth in these Terms of Service, we grant you a non-exclusive, non-transferable, limited license to access, view, use and display the Platform, Services and Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Platform for the sole purpose of placing an order with us or using the Platform as a shopping resource.The Platform, Services and Site Content are for your personal and non-commercial use only (except with respect to wholesale accounts). Any other use the Platform, Services or Site Content - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, or any use of data mining, robots, or similar data gathering and extraction tools - is strictly prohibited without the prior written permission of Company in each instance.

5. PRODUCT INFORMATION 

We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) 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. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

6. CONTENT SUBMITTED BY USERS

By providing information through the Platform, including any product reviews, photographs, videos, comments or other submissions (each a “Submission”), you certify that: (i) your Submission consists of original material to which you have all rights; (ii) your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, trade secret, privacy or any rights giving rise to claims for idea misappropriation or violation of the right of publicity; (iii) your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and (iv) your Submission does not include any private or personally identifiable information about any third party.

By providing your Submission, you grant the Company a non-exclusive, perpetual, irrevocable, transferable and sublicensable worldwide right and license to use, reproduce, modify, display, perform, transmit, distribute and otherwise exploit your Submission, with or without attribution, and hereby waive all moral rights therein. Without limiting the foregoing, you further acknowledge and agree that: (a) any Submission will not be returned or kept confidential; (b) the Company is not obligated to use or pay you for the Submission; (c) the Company may publish the Submission in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered, including without limitation, the Platform; (d) the Company may edit or remove content, including any Submission, that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other proprietary rights or these Terms of Service; (e) the Submission may be edited for length, clarity and/or functionality; (f) we may display your name (or applicable social media identifier) in conjunction with the Submission; and (g) your Submission may be shared with legal authorities if the Company believes it is warranted or appropriate, or pursuant to a legal request.

7. REFERRAL PROGRAM

The Company may at its discretion provide you with the opportunity to refer customers to the Company (“Referral Program”). In submitting referrals to the Company, you acknowledge that you have the right to make such referrals, that your referrals do not violate the privacy or other rights of third parties, and that your referrals do not violate any of these Terms of Service. You further acknowledge that the Company in its sole discretion may terminate the Referral Program at any time. If the Company terminates the Referral Program, it will have no obligation to compensate you for any referrals and your right to make referrals will terminate.

While we try to maintain the accuracy of the Platform, we are not responsible if Content on the Platform is not accurate, complete or current. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service.

FOR THESE REASONS AND OTHERS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE PLATFORM, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY.WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.

Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on the Platform, including, without limitation, pricing information, except as required by law. No specified update to the Platform should be taken to indicate that all of the information on the Platform has been modified or updated.

8. PROHIBITED CONDUCT

You agree to use the Platform and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, rules and regulations.

You will not:
  • use the Platform or the Services in any manner that could damage, disable, overburden, or impair the Platform or the Services, or interfere with any other party's use and enjoyment of the Platform or the Services;
  • attempt to gain unauthorized access to the Platform, the Services, or the devices, computer systems or networks connected to the Platform or the Services through hacking, password mining or any other means;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • make any purchases using a fraudulent method of payment;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit, or otherwise make available through the Platform or the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the Platform or the Services any content that infringes any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  • upload, post, email or transmit, or otherwise make available through the Platform or the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
  • run Mail list, Listserv, or any form of auto-responder or “spam” on the Platform or the Services;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
  • interfere or attempt to interfere with the proper working of the Platform or the Services or any activities conducted on the Platform or the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over any of the Platform pages, or otherwise affect the display of any of the Platform pages;
  • download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or the Services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the Services or collect information about its Users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties;
  • use the Platform or the Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • use the Platform or the Services for any commercial purpose whatsoever other than for your personal use.

9. LINKED SITES

The Platform may contain links to other Internet sites, applications and resources. Links found on the Platform may let Users leave the Platform and go to sites operated by parties other than the Company, including sites for payment processing, engagement with the Services or other functions. The Company does not endorse, and is not responsible or liable in any way for any content, advertising, services or goods on or available from such linked sites, applications or resources. The linked sites, applications or resources are not under the control of the Company and we are not responsible for the contents of any linked site, application or resource, or any link contained in a linked site, application or resource that is not owned and operated by the Company, or any changes or updates to such sites, applications or resources. Such links to sites, applications or resources maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites, applications or resources. Third parties’ sites are not subject to our Terms of Service or Privacy Policy. You should carefully review the privacy statements and other conditions of use on each such third party site, application or resource.

10. TEXT MESSAGING

If you choose to receive from or send to Company any text messages, Company will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

11. DISCLAIMERS

YOU UNDERSTAND THAT THE USE OF THE PLATFORM OR THE SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF COMMUNICATING OVER THE INTERENT CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THEREFORE, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE PLATFORM.

COMPANY PROVIDES THE PLATFORM AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF COMPANY'S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE PLATFORM OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION.

WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE PLATFORM, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE PLATFORM, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF A USER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDER, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, PANDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

12. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE “COMPANY PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AND THE COMPANY PARTIES’ COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO THE COMPANY FOR PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM OR (B) $100.

13. INDEMNITY

Except to the extent prohibited under applicable law, you agree to indemnify and hold Company and its past, present and future parent, affiliates and subsidiaries, together with each of its and their respective employees, agents, directors, officers, shareholders, service providers, agents, contractors, successors and assigns (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, actions, liabilities, losses, damages, penalties, fines, settlements, costs and expenses (including reasonable attorneys' fees and costs, including any incurred in enforcement of this provision) arising out of or in connection with (i) your use or misuse of the Platform or the Services or any goods and services available or purchased on or through the Platform or the Services, (ii) your breach or alleged breach of any term of these Terms of Service, our Privacy Policy, or any other policy posted on the Platform applicable to your use of the Platform or the Services, (iii) the use of any Submission, and (iv) your violation of any law, rule, regulation or rights of others in connection with your use of the Platform or the Services.You agree to assist and cooperate with the Indemnitees in the defense or settlement of any indemnified claim.

14. TERMINATION

Account Termination - You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associated with your use of the Platform. In the event of termination of your account, the Company has no further obligations to you.

Without limiting the foregoing, if you violate any of these Terms of Service (which incorporate by reference the Company's Privacy Policy), or otherwise violate an agreement between you and us, the Company may suspend or terminate your account, delete your profile and any content or information that you have posted on the Platform, and/or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform), at any time in its sole discretion, with or without notice.You agree that the Company will not be liable to you or any third party for any of the foregoing actions.

Service Termination - These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by discontinuing your use of the Service.The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

15. ASSIGNMENT

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger, consolidation or sale of all or substantially all of its business. You may not assign or transfer your rights or obligations under these Terms of Service.

16. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these TERMS AND CONDITIONS shall not constitute a waiver of such right or provision.

These TERMS AND CONDITIONS and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 AND CONDITIONS).

Any ambiguities in the interpretation of these TERMS AND CONDITIONS shall not be construed against the drafting party.

17. CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the TERMS AND CONDITIONS at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these TERMS AND CONDITIONS constitutes acceptance of those changes.

18. CONTACT US

For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from a User, contact the Company at: support@getfyla.com with “Terms of Service” in the subject line of your email.