Terms of Service

OVERVIEW

Welcome to Xelvioren™. Throughout these Terms, the words “Xelvioren™,” “we,” “us,” and “our” refer to ECHO BARK INC.

We operate this website, store, and related services to provide customers with access to our products, content, tools, and shopping features. Our store is hosted on Shopify, which provides the e-commerce platform that allows us to offer our products and services to you.

These Terms of Service govern your access to and use of our website and any related services, including browsing the site, purchasing products, communicating with us, or otherwise interacting with our store.

By using our website or placing an order, you agree to be bound by these Terms and our related policies, including our Privacy Policy. If you do not agree, please do not use our website or services.

1. Eligibility and Account Use

By using our website, you confirm that you are at least the age of majority in your state, province, or country of residence, or that you have permission to allow a minor dependent to use the site under your supervision.

You may be asked to provide information such as your name, email address, billing details, shipping information, and payment information when using our services or placing an order. You agree that any information you submit is accurate, complete, and current.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Accounts may not be sold, transferred, or shared without our permission.

2. Product Information

We strive to present our products as accurately as possible. However, actual colors, textures, sizing appearance, and visual details may vary depending on your screen, device settings, lighting, and manufacturing variation.

We do not guarantee that product images shown on the site will appear exactly the same in person or on every device.

Product details, descriptions, pricing, and availability may be updated, changed, or removed at any time without prior notice. We also reserve the right to discontinue any product or limit product availability by person, household, order, or region.

3. Orders and Acceptance

Submitting an order through our store is an offer to purchase. We reserve the right to review, accept, reject, limit, or cancel any order at our discretion.

An order is not considered accepted until payment has been successfully processed and the order has been confirmed by us.

We may cancel or limit an order for reasons including, but not limited to:

suspected fraud or unauthorized activity
product unavailability
pricing or listing errors
shipping restrictions
unusual order quantities

If we make a change to or cancel an order, we may attempt to notify you using the contact information provided at checkout.

All purchases are subject to our posted store policies, including our Return & Refund Policy.

You agree that purchases made through our store are for personal, non-commercial use unless expressly authorized by us.

4. Pricing, Billing, and Payment

All prices shown on our website are listed in U.S. Dollars (USD) unless otherwise stated.

Prices, discounts, promotions, and product availability may change at any time without notice. The price charged for your purchase will be the price displayed at the time your order is submitted.

Unless otherwise stated, listed prices do not include:

shipping fees
taxes
import duties
customs charges
handling fees

You agree to provide valid and current billing, payment, and contact information for all purchases. By submitting payment information, you confirm that you are authorized to use the selected payment method.

If your payment is declined, reversed, flagged, or otherwise not approved, we may cancel or delay the order.

5. Shipping and Delivery

Shipping timelines shown on our website are estimates only and are not guaranteed.

We are not responsible for delays caused by:

carriers or postal services
customs clearance
weather conditions
peak holiday demand
incorrect customer address information
events beyond our reasonable control

Risk of loss and title to purchased products may pass to you once the order is transferred to the shipping carrier, to the extent permitted by law.

Additional terms relating to shipping are described in our Shipping Policy.

6. Intellectual Property

All content available on this website, including but not limited to text, graphics, logos, branding elements, images, icons, product descriptions, layouts, design elements, and other materials, is owned by or licensed to Xelvioren™ / ECHO BARK INC, unless otherwise indicated.

This content is protected by applicable copyright, trademark, and intellectual property laws.

You may use the website only for personal and lawful shopping or informational purposes. You may not, without prior written consent:

copy or reproduce site content
distribute or republish materials
modify or create derivative works
commercially exploit any content
use our trademarks, logos, or branding assets

All rights not expressly granted are reserved.

7. Third-Party Tools and Services

Our website may provide access to features, plug-ins, applications, or tools operated by third parties. These may be made available for convenience only.

We do not control these third-party tools and make no guarantees regarding their functionality, availability, or performance. Your use of such tools is at your own discretion and subject to the third party’s own terms and policies.

We may also add, remove, or modify website features over time. Any new services or features offered through our website will also be subject to these Terms unless otherwise stated.

8. Third-Party Links

Our website may contain links to websites, products, content, or services operated by third parties.

We are not responsible for reviewing or monitoring third-party websites, and we are not liable for their content, practices, terms, or transactions. If you choose to visit a third-party site, you do so at your own risk.

We encourage you to review the applicable terms and privacy practices of any external website before using it.

9. Shopify Platform Notice

Our store is powered by Shopify, which provides the e-commerce technology that helps us operate our website and process orders.

However, any transaction made through this store is between you and Xelvioren™ / ECHO BARK INC, not Shopify. To the fullest extent permitted by law, Shopify is not responsible for product issues, order fulfillment matters, customer support, or disputes arising from purchases made through our store.

10. Privacy

Your submission of personal information through the website is governed by our Privacy Policy.

Because our store operates through Shopify and related service providers, certain information may also be processed by those providers in order to support store functionality, payment processing, fraud prevention, shipping, customer service, and related operations.

By using our services, you acknowledge that your information may be handled in accordance with these policies.

11. Feedback and User Submissions

If you send us suggestions, ideas, reviews, proposals, comments, or other materials, whether online, by email, or otherwise, you grant us a non-exclusive, worldwide, royalty-free right to use, reproduce, edit, publish, display, and distribute such materials for lawful business purposes.

You confirm that any content you submit:

is your own or that you have permission to share it
does not violate the rights of any third party
is not unlawful, abusive, misleading, obscene, or defamatory
does not contain harmful code or malware

We may remove or decline to publish user-submitted content at our discretion.

12. Errors and Inaccuracies

From time to time, the website may contain typographical mistakes, omissions, or inaccuracies related to product information, pricing, promotions, availability, or shipping estimates.

We reserve the right to correct any such issues and to update or cancel orders where necessary, including after an order has been submitted.

13. Prohibited Conduct

You may use our website only for lawful purposes.

You agree not to:

violate any law or regulation
misuse the website for fraud or deception
interfere with site security or technical operations
upload malicious code, viruses, or harmful files
scrape, crawl, or copy data from the site without permission
infringe intellectual property rights
harass, threaten, abuse, or impersonate others
use the website to distribute spam or unauthorized promotions

We reserve the right to restrict, suspend, or terminate access if we believe you have violated these Terms.

14. Suspension or Termination

We may suspend or terminate your access to the website or services at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that may harm our business, our customers, or our operations.

Termination of access does not affect any obligations or liabilities incurred prior to the date of termination.

15. Disclaimer of Warranties

To the fullest extent permitted by law, our website, services, and products are provided on an “as is” and “as available” basis unless otherwise expressly stated.

We do not guarantee that:

the website will always be uninterrupted or error-free
defects will be corrected immediately
the site will always be secure or free of harmful components
the website or products will meet every personal expectation

To the extent allowed by law, we disclaim implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Xelvioren™, ECHO BARK INC, and our affiliates, officers, directors, employees, contractors, licensors, service providers, and partners shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising out of or relating to:

your use of the website
your inability to use the website
any purchase made through the site
delays, interruptions, errors, or omissions
loss of profits, data, business, or savings

Where liability cannot be excluded under applicable law, it will be limited to the maximum extent permitted by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless Xelvioren™, ECHO BARK INC, and our affiliates, officers, employees, agents, contractors, and service providers from any claims, losses, damages, liabilities, costs, or expenses, including reasonable legal fees, arising from:

your breach of these Terms
your misuse of the website
your violation of any law or third-party rights
18. Severability

If any part of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

19. Entire Agreement and No Waiver

These Terms, together with any policies posted on our website, form the entire agreement between you and us regarding your use of the website and services.

If we do not enforce a provision of these Terms, that does not mean we waive our right to enforce it later.

20. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at our discretion without prior notice, to the extent permitted by law.

21. Governing Law

These Terms and any disputes arising out of or relating to your use of the website or purchases from our store shall be governed by and interpreted in accordance with the laws applicable in the State of California, United States, without regard to conflict of law principles.

You agree that any legal proceedings, where not otherwise required by law, shall be brought in the appropriate courts having jurisdiction in California.

22. Changes to These Terms

We may revise or update these Terms from time to time. Any changes will become effective when posted on this page unless otherwise required by law.

Your continued use of the website after changes are posted constitutes your acceptance of the revised Terms.

We encourage you to review this page periodically.

23. Contact Information

If you have questions regarding these Terms of Service, please contact us using the details below:

Xelvioren™
Company: ECHO BARK INC
Address: 3724 Sunset Blvd, Los Angeles, CA 90026, United States
Phone: (323) 660-2275
Email: service@xelvioren.com