Terms of Service

OVERVIEW

Welcome to Elephlo! The terms "we", "us" and "our" refer to Elephlo. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with our products and a curated shopping experience (the "Services"). Elephlo is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

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 to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - PRODUCTS AND HEALTH DISCLAIMER

Our products are dietary supplements. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. No statement made about our products on the Services should be taken as a medical claim.

Our products are not a substitute for a varied and balanced diet or a healthy lifestyle, and they are not a substitute for professional medical advice. You should consult a qualified healthcare professional before using our products, and in particular if you are pregnant, nursing, taking any medication, or have a diagnosed medical condition. Do not exceed the recommended daily dose. Keep out of the reach of children. If you experience any adverse reaction, stop using the product and seek medical advice.

SECTION 2 - ACCESS AND ACCOUNT

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, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 3 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, colors and product appearance may differ from how they appear on your screen due to your device, settings and configuration. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Elephlo reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Elephlo confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Elephlo may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES AND BILLING

Unless otherwise stated, prices are shown in U.S. dollars (USD). If you are shopping from outside the United States, your local currency, taxes or import charges may be displayed at checkout or applied on delivery. Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We may from time to time offer promotions that affect pricing and that are governed by their own terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your 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 for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 6 - 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 shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Elephlo, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you any license or rights under any patent, trademark, copyright or other intellectual property of Elephlo, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted are reserved by Elephlo.

Elephlo's names, logos, product and service names, designs and slogans are trademarks of Elephlo or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify. All other names, logos and marks on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL THIRD-PARTY TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of these tools is at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which they are provided by the relevant third party.

We may, in the future, offer new features and tools through the Services. Such new features are also subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access these materials or sites, you do so at your own risk. We are not liable for any harm related to your use of any third-party websites, products or services. Please review the third party's policies and practices before engaging in any transaction with them.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Elephlo is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Elephlo. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Elephlo, including any injury, damage or loss resulting from purchased products. You hereby release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Elephlo.

SECTION 11 - PRIVACY

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 about your use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other service providers, which may be located in countries other than where you reside. Please review our Privacy Policy for details on how we and our partners use your personal information.

SECTION 12 - REVIEWS AND FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use, to operate, improve and promote the Services.

You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, misleading, or otherwise objectionable, or that violates any party's rights or these Terms. You agree that your Feedback will not violate the rights of any third party, will not be defamatory, unlawful or obscene, and will not contain any virus or malicious code. You may not use a false email address or impersonate any person. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains 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 if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to send any unsolicited advertising or promotional material such as junk mail, chain letters or spam; (g) to impersonate any person or entity; or (h) to interfere with or disrupt the Services.

You also agree not to: (a) upload or transmit any virus or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraper, data-gathering or extraction tool, AI tool (such as agentic AI), or other automated means to access the Services; or (e) interfere with, bypass or circumvent the security or access-control measures we employ. We reserve the right to suspend, disable or terminate your access at any time, without notice, if we determine that you have violated these Terms.

SECTION 15 - AUTOMATED AGENTS

This section applies if you use, enable or cause the deployment of an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.

No Agent may access or interact with the Services unless it identifies itself and operates in accordance with this section, and no Agent may access the Services if we have requested that it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must: (i) identify in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent's name in the request's user agent string (for example, "Agent/[agent name]"); (ii) not conceal that the access is from an Agent, including by mimicking human behavior or by completing or circumventing CAPTCHAs or other measures intended to distinguish automated use from human use; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to block, limit or control how Agents access the Services.

SECTION 16 - TERMINATION

We may terminate these Terms or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The sections that by their nature should survive termination — including Intellectual Property, Reviews and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy — will continue to apply following any termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY ELEPHLO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ELEPHLO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elephlo, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void 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 without affecting the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any policies or operating rules we post in respect of the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may assign or transfer these Terms and our rights and obligations without your consent or notice.

SECTION 23 - 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 federal and state or territorial courts in the jurisdiction where Elephlo is headquartered. You and Elephlo consent to venue and personal jurisdiction in such courts.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law, and your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@elephlo.com.