Terms of service

OVERVIEW
Welcome to Vitalipup! The terms "we", "us" and "our" refer to Vitalipup. Vitalipup 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"). Vitalipup 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.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, shipping responsibilities, customs charges, and dispute resolution.
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 Privacy Policy, you should not use or access our Services.

SECTION 1 - 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 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 accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors, dimensions, packaging, or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance, packaging, or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online stores.
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 may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
All products sold by Vitalipup are non-medical consumer products intended solely for general pet support, nutritional support, comfort, convenience, or everyday use. They are not medical devices, veterinary devices, drugs, or safety equipment and must not be relied upon to diagnose, treat, prevent, monitor, cure, or mitigate any disease, illness, injury, deficiency, or other health condition.
Nutritional supplements offered by Vitalipup, including taurine-based products, are intended solely to support normal nutritional wellness and healthy body functions such as heart function, vision, and general wellbeing in pets. Any statements regarding such products have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Use of any Vitalipup supplement does not replace professional veterinary advice, diagnosis, treatment, testing, monitoring, medication, or emergency care. Pet owners are solely responsible for determining, together with a licensed veterinarian where appropriate, whether any supplement is suitable for their pet based on the animal’s breed, age, weight, diet, health status, sensitivities, allergies, medical history, concurrent medications, and individual needs.
Pet owners acknowledge that all supplements, treats, and pet wellness products may affect animals differently and may carry risks, including but not limited to intolerance, allergic reaction, digestive upset, interaction with medications, unexpected side effects, worsening of an underlying condition, or other adverse outcomes. Individual results are not guaranteed.
By purchasing or using any supplement sold by Vitalipup, you assume all responsibility for proper selection, introduction, dosage, administration, storage, and supervision. Vitalipup shall not be liable for any injury, illness, adverse reaction, death, loss, or damage arising out of or related to use, misuse, improper dosage, failure to follow instructions, failure to seek veterinary advice, product combination with other substances, pre-existing conditions, or use contrary to warnings or intended purpose, except to the extent liability cannot be excluded under applicable law.
Pet owners acknowledge that the safety, suitability, and effectiveness of any product depends on factors such as proper use, supervision, environmental conditions, fit, storage, maintenance, and the health and behaviour of the animal. Individual outcomes will vary and are not guaranteed.
Vitalipup products are designed for pets and their owners and are intended to provide comfort, support, and enrichment only. All products must be used responsibly and under appropriate supervision. Vitalipup is not responsible for misuse, improper use, abuse, chewing, ingestion, destruction, pet damage, or any damage caused by pets while using our products.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Vitalipup reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Vitalipup confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Vitalipup may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
We reserve the right to refuse, cancel, or limit any order for fraud prevention, pricing errors, suspected misuse, inventory limitations, suspected resale activity, shipping restrictions, or compliance reasons.
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 4 - PRICES 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 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, duties, VAT, GST, import charges, clearance fees, or similar charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Unless otherwise stated, prices displayed on the Services are shown in United States Dollars (USD). Depending on your location and payment method, banks, card issuers, payment providers, or financial institutions may apply international transaction fees, currency conversion fees, processing charges, or similar charges. These charges are imposed by the relevant provider, not by Vitalipup, and are not controlled, collected, or refunded by Vitalipup.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. 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 or other payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling charges, and all applicable taxes, duties, or fees, if any.

SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, customs processing, supply chain disruptions, severe weather, labor disruptions, force majeure events, or other events outside our reasonable control.
Orders may be fulfilled and shipped from domestic or international fulfillment centers depending on stock availability, destination, and logistics requirements.
Unless otherwise expressly stated, posted prices do not include import duties, customs charges, VAT, GST, sales taxes, clearance fees, or similar charges imposed by the destination country are not included in the product price or shipping fee and are the sole responsibility of the customer.
Vitalipup does not control and cannot predict these charges. The customer is solely responsible for paying any such amounts required for customs clearance or delivery.
Once we transfer products to the carrier, title and risk of loss passes to you to the fullest extent permitted by applicable law.
Orders that are refused, unclaimed, abandoned, returned, destroyed, delayed, or otherwise not delivered due to incorrect address information supplied by the customer, failure to pay customs or import charges, or failure to collect the package may not be eligible for a refund, reshipment, or replacement, except where required by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Vitalipup, 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 of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Vitalipup, 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 herein are reserved by Vitalipup.
Vitalipup's names, logos, product and service names, designs, and slogans are trademarks of Vitalipup or its affiliates or licensors. You must not use such trademarks without the prior written permission of Vitalipup. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Vitalipup 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 Vitalipup. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Vitalipup, including any injury, damage, or loss resulting from purchased products and 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 Vitalipup.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details 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 for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback.
You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other 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 any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Vitalipup, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools, agentic AI, or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any 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 and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, 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 following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Dispute Resolution, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee that any information available through the Services is accurate, complete, or up to date. Any reliance you place on such information is at your own risk.
Except where expressly stated otherwise by Vitalipup, all Services and products are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by applicable law, Vitalipup disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be lawfully excluded under applicable consumer protection law, including where applicable the Australian Consumer Law, the New Zealand Consumer Guarantees Act, and the United Kingdom Consumer Rights Act 2015.

SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Vitalipup, including its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
This includes, without limitation, loss of profits, revenue, savings, data, goodwill, or business interruption arising out of or related to your use of the Services or any products purchased through the Services.
Without limiting the foregoing, Vitalipup shall not be liable for any injury, illness, damage, loss, adverse reaction, overdose, interaction, worsening condition, veterinary expense, or death resulting from product use, misuse, improper use, improper dosage, lack of supervision, failure to follow instructions, pre-existing conditions, concurrent medications, allergic response, or reliance on any product as a substitute for veterinary care, medical treatment, diagnosis, monitoring, or preventative measures.
To the maximum extent permitted by law, Vitalipup’ total liability for any claim arising out of or relating to the Services or any product purchased shall not exceed the amount paid by you for the product giving rise to the claim.
Where liability cannot be excluded under applicable law, it will be limited to the maximum extent permitted by that law.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vitalipup, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

your breach of these Terms
your violation of any law or regulation
your misuse of the Services or products
your infringement of any third-party rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain valid and enforceable.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
These Terms of Service, together with any policies referenced herein, constitute the entire agreement between you and Vitalipup and govern your use of the Services.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

SECTION 21 - ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms and our rights and obligations at any time without notice.

SECTION 22 - 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 Vitalipup is headquartered. You and Vitalipup consent to venue and personal jurisdiction in such courts.

SECTION 23 - DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except where prohibited by law or where small claims court is applicable.
The arbitration shall be conducted under the rules of the American Arbitration Association and shall take place in the United States, unless otherwise required by applicable law.
You agree that disputes will be resolved on an individual basis only and not as part of any class, collective, or representative action.
Nothing in this section limits any non-waivable rights you may have under applicable consumer protection laws.

SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page and will take effect upon posting.
Your continued use of the Services following any updates constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Company Name: Strixe LLC
Address: 2106 House Avenue, Suite 471, Cheyenne, Wyoming, 82001
Questions about these Terms of Service should be sent to us at support@vitalipup.com.