Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Exhaly. The terms "we", "us" and "our" refer to Exhaly. Exhaly 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"). Exhaly is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, 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 carefully. They contain important information about your legal rights, including 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 [LINK]. If you do not agree, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in your country or region of residence, and that you have given your consent for any minor dependents to use the Services on devices you own or manage.
To use the Services — including browsing our store or making a purchase — you may be asked to provide information such as your email address, billing details, payment information, and shipping address. You represent that all information you provide is accurate, current, and complete, and that you have the right to provide it.
You are solely responsible for maintaining the security of your account and for all activity that occurs under it. Accounts may not be transferred, sold, or assigned to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to represent our products accurately. However, colours and product appearance may vary depending on your device and display settings. We do not warrant that the quality or appearance of any product will meet your expectations or match exactly what is shown in our store.
Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities available to any person, region, or jurisdiction.
Medical Device Disclaimer: Exhaly's anti-choking devices are designed as emergency preparedness tools and are not intended to replace professional medical advice, diagnosis, or treatment. Our products should be used alongside appropriate first aid training. Exhaly makes no medical claims regarding the guaranteed effectiveness of its products in any specific emergency situation. In the event of a medical emergency, always contact the emergency services immediately.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Exhaly reserves the right to accept or decline any order at its discretion. Your order is not confirmed until Exhaly accepts it and payment has been received and processed.
Please review your order carefully before submitting. Once an order is accepted, we may be unable to accommodate cancellation requests. If we decline, modify, or cancel an order, we will attempt to contact you using the details provided at the time of purchase.
All purchases are subject to our Return Policy [LINK]. You confirm that your purchases are for personal or household use only 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 will be the price in effect at the time your order is placed, as shown in your order confirmation.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping, handling, customs, or import charges. Prices in our online store may differ from those in third-party stores or any physical retail locations.
You agree to provide accurate and complete payment information for all purchases. You confirm that: (i) your payment information is true and correct; (ii) you are authorised to use the payment method provided; (iii) charges will be honoured by your card or payment provider; and (iv) you will pay all charges at the posted prices, including applicable taxes and shipping fees.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery timescales are estimates only and are not guaranteed. Most orders are delivered within 7–15 working days of dispatch, depending on your selected shipping method and destination.
We are not responsible for delays caused by carriers, customs processing, or events outside our control, including severe weather, natural disasters, global events such as pandemics, carrier strikes, or public holidays. Once we transfer your order to the carrier, risk of loss passes to you.
For full details, please refer to our Shipping Policy [LINK].
SECTION 6 — INTELLECTUAL PROPERTY
All content on our Services — including trademarks, text, images, graphics, product descriptions, audio, and video — is owned by Exhaly or its licensors and is protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publish, or transmit any material from our Services without our prior written consent. All rights not expressly granted are reserved by Exhaly.
Exhaly's name, logo, and product names are trademarks of Exhaly or its affiliates. You must not use these without our prior written permission. Shopify's name and trademarks remain the property of Shopify Inc.
SECTION 7 — OPTIONAL TOOLS
You may be given access to third-party tools as part of the Services. These tools are provided "as is" and "as available" without any warranties or endorsements from us. We have no liability arising from your use of optional third-party tools, and any use is entirely at your own risk.
We may in the future offer additional features or tools through the Services. These will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to third-party websites or embedded third-party content. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to leave our Services to access third-party content, you do so at your own risk. Any complaints or questions regarding third-party products or services should be directed to that third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Exhaly is powered by Shopify. However, all sales and purchases are made directly with Exhaly. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Exhaly, and you release Shopify and its affiliates from all claims arising from your purchases.
SECTION 10 — PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy [LINK]. Some information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both policies.
Because the Services are hosted by Shopify, Shopify may collect and process certain information about your use of the Services. Information you submit may be shared with Shopify and its partners, who may be located in countries other than your own.
SECTION 11 — FEEDBACK
If you submit any ideas, reviews, suggestions, or other feedback, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and distribute that feedback for any purpose, including improving and promoting our Services.
You confirm that: (i) you own or have the rights to all feedback you submit; (ii) you have disclosed any compensation or incentives received; and (iii) your feedback complies with these Terms.
We may, but are not obligated to, remove feedback that we determine to be unlawful, offensive, or otherwise objectionable. You are solely responsible for the accuracy and content of any feedback you submit.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or shipping. We reserve the right to correct any such errors and to cancel orders where information was materially inaccurate, without prior notice.
SECTION 13 — PROHIBITED USES
You may only use the Services for lawful purposes. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe any intellectual property rights; (d) to harass, harm, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited promotional material or spam; (g) to impersonate any person or entity; or (h) in any way that restricts or inhibits others' use of the Services.
You also agree not to: upload malicious code; reproduce or exploit any part of the Services; collect others' personal information; or circumvent any security features of the Services. We reserve the right to suspend or terminate your account at any time if you breach these Terms.
SECTION 14 — TERMINATION
We may terminate your access to the Services at any time, without notice, at our sole discretion. You will remain liable for all amounts due up to the date of termination. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy will survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
Information on our Services is provided for general purposes only. We do not warrant its accuracy or completeness. Reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY EXHALY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EXHALY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR SIMILAR LOSSES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
SECTION 17 — INDEMNIFICATION
You agree to indemnify and hold harmless Exhaly, Shopify, and their respective affiliates, officers, directors, employees, agents, and service providers from any losses, damages, claims, or expenses (including reasonable legal fees) arising from: (1) your breach of these Terms; (2) your violation of any applicable law or third-party rights; or (3) your use of the Services.
We will notify you of any claim subject to indemnification. We may assume control of the defence of such claims at your expense, but will not settle any claim that places non-monetary obligations on you without your consent.
SECTION 18 — SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining Terms will continue in full force and effect.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms, together with our policies, constitute the entire agreement between you and Exhaly regarding the Services and supersede all prior agreements or understandings.
SECTION 20 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights without notice to you.
SECTION 21 — GOVERNING LAW
For customers in the United Kingdom: These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Nothing in these Terms affects your statutory rights under applicable UK law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where any provision of these Terms conflicts with your non-waivable statutory rights under UK law, your statutory rights shall prevail.
For customers in the United States: These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, and you consent to the exclusive jurisdiction of the courts located therein for the resolution of any disputes.
SECTION 22 — HEADINGS
Section headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time. The most current version will always be available on this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms.
SECTION 24 — CONTACT INFORMATION
For any questions about these Terms, please contact us at:
RIVONA LLC 1209 Mountain Road Place Northeast #7152, Albuquerque NM 87110, United States