Terms of service

OVERVIEW
This website is operated by Evuora. Throughout the site, the terms “we”, “us” and “our” refer to Evuora. Evuora 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 of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

All content on this site, including images, videos, and marketing materials, is the property of Evuora and may not be copied, reproduced, or used for commercial purposes without written permission. 

SECTION 1 - ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE, PRODUCTS, AND PRICING

We reserve the right, at any time and in our sole discretion, to modify, suspend, discontinue, or limit access to any portion of the Website, the Services, or any products offered through the Website, with or without notice and without liability to you.

Prices, promotions, discounts, availability, shipping fees, product specifications, product descriptions, and inventory are subject to change at any time without prior notice.

Promotional pricing, limited-time offers, coupons, bundle discounts, and similar offers are available only during the applicable promotional period and may not be combined unless expressly stated. Pricing displayed on the Website may differ from pricing offered through other sales channels.

We reserve the right to correct pricing errors, typographical errors, or inaccurate product information at any time, including after an order has been submitted. If your order is affected by a material pricing error, we may cancel the order and issue a full refund of any amounts paid.



SECTION 5 – PRODUCTS, PRODUCT DESCRIPTIONS, AND NO GUARANTEED RESULTS

We make reasonable efforts to accurately describe and display our products. However, product descriptions, images, videos, graphics, colors, dimensions, demonstrations, testimonials, illustrations, and marketing materials are provided for informational purposes only and may not precisely reflect the product you receive.

Individual experiences and results vary significantly based on factors including age, health status, body composition, frequency of use, physical activity, nutrition, genetics, and compliance with instructions.

Any customer testimonials, reviews, photographs, videos, social media content, before-and-after images, demonstrations, or endorsements represent individual experiences only and are not guarantees or representations that any customer will achieve similar results.

Unless expressly stated otherwise, no statement made on this Website is intended to diagnose, treat, cure, mitigate, or prevent any disease.

We reserve the right to discontinue products, revise product specifications, improve designs, substitute components of equal or greater quality, or change packaging without prior notice.


SECTION 6 - ORDERS, ACCURACY OF BILLING, AND ACCOUNT INFORMATION

Submission of an order does not constitute acceptance of the order. Your order is merely an offer to purchase. We reserve the right to accept or reject any order for any lawful reason.

We may refuse or cancel any order due to suspected fraud, pricing errors, inventory shortages, payment issues, suspected reseller activity, violations of these Terms, shipping restrictions, or any other legitimate business reason.

If payment has already been processed for a canceled order, we will issue an appropriate refund.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please review our Refund Policy: Refund policy – evuora

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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 Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy policy – evuora

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) 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.
In no case shall Evuora, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Evuora and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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 notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 governs 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms shall be governed by and construed under the laws of the State of California, without regard to its conflict of law principles, except where applicable law requires otherwise.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.

 SECTION 20 - INTELLECTUAL PROPERTY & ORIGINAL CONTENT

All content on this website, including but not limited to images, videos, product descriptions, branding, and marketing materials, is original and is the exclusive property of Evuora, unless otherwise stated.

Any unauthorized reproduction, distribution, modification, or use of our content for commercial or non-commercial purposes without prior written consent is strictly prohibited.

We actively monitor for intellectual property violations and reserve the right to pursue enforcement actions, including but not limited to DMCA takedown requests, account reporting, and legal claims where applicable.

SECTION 21 – MEDICAL DEVICE DISCLAIMER, SAFE USE, AND ASSUMPTION OF RISK

Please read this section carefully. It contains important safety information and limitations that affect your legal rights.

A. Nature of the Product. The Evuora KureFit ("Device") uses electrical muscle stimulation (EMS). It is a wellness and muscle-conditioning product. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Statements about the Device have not been evaluated by the U.S. Food and Drug Administration. The Device is CE-certified; it is not FDA-cleared. Nothing on this site is medical advice, and the Device is not a substitute for professional medical care, physical therapy, or the advice of your physician.

B. Consult a Physician First. You should consult a qualified healthcare provider before using the Device, particularly if you have any underlying health condition.

C. Who Should NOT Use This Device. Do not use the Device if any of the following apply to you. This Device is NOT for use by anyone who:

  • has a pacemaker, implanted defibrillator, or any other implanted electronic or metallic medical device;
  • has a known heart condition, arrhythmia, or other cardiac concern;
  • is pregnant or may be pregnant;
  • has epilepsy or a seizure disorder;
  • has cancer, or is being treated for cancer, in the area of application;
  • has deep vein thrombosis, thrombophlebitis, or a bleeding disorder;
  • has broken, infected, or diseased skin, or reduced skin sensation, in the area of application;
  • [add any additional contraindications from your manufacturer's documentation — this list must match your manual and product page exactly].

If you are unsure whether any of these apply to you, do not use the Device until you have consulted a physician.

D. Follow All Instructions. You agree to read and follow all instructions, warnings, and contraindications provided in the product manual and on the product page, and to use the Device only as directed. Misuse — including use by a person for whom the Device is contraindicated, use on a prohibited area of the body, or use at settings or durations other than those directed — may cause injury and voids any applicable warranty.

E. Assumption of Risk. You understand that any use of an electrical stimulation device carries inherent risks, including but not limited to skin irritation, burns, involuntary muscle response, and, for individuals with the conditions listed above, more serious harm. By purchasing and/or using the Device, you knowingly and voluntarily assume all risks associated with its use, to the fullest extent permitted by law.

F. Purchaser Responsibility Where the User Is Not the Purchaser. If you are purchasing the Device for another person, or if the Device will be used by or with the assistance of a family member, caregiver, or any other person, you represent and agree that: (1) you have read and understood this Section; (2) you will communicate all warnings, contraindications, and instructions to the intended user and to anyone assisting them before the Device is used; and (3) you will not permit the Device to be used by any person for whom it is contraindicated. You accept responsibility for ensuring the Device is used safely and as directed by all such persons.

G. Release and Waiver. To the fullest extent permitted by applicable law, you — on behalf of yourself, and any user, family member, or caregiver acting through you or with your knowledge — release and agree not to hold Evuora liable for any injury, loss, or damage arising from use or misuse of the Device that results from failure to follow the instructions and warnings, or from use by a person for whom the Device is contraindicated. This Section does not limit any liability that cannot be limited under applicable law, including liability for a defective product or for our own gross negligence or willful misconduct. Nothing in these Terms affects any rights you may have under applicable consumer protection law that cannot be waived.

H. Severability of This Section. If any part of this Section is found unenforceable, the remainder stays in effect, and the unenforceable part will be limited only to the extent required to make it enforceable.

I. Liability. Evuora (shopevuora.com) and its operators, employees, and affiliates are not liable for any injury, adverse reaction, or harm resulting from improper use of the KureFit, failure to follow product instructions, or use of the device by individuals with known contraindications. Use of this product constitutes acceptance of these terms and acknowledgment that you have read and understood all safety guidelines provided.

SECTION 22 – PRODUCT REPRESENTATIONS AND INDIVIDUAL RESULTS

Product photographs, videos, illustrations, renderings, graphics, demonstrations, and promotional materials are provided for general informational and illustrative purposes only. While we strive to accurately represent our products, actual product appearance, color, packaging, dimensions, accessories, specifications, and performance may vary due to manufacturing updates, display settings, or other factors.

Any testimonials, reviews, before-and-after photographs, videos, social media posts, endorsements, or customer experiences displayed on the Website reflect individual experiences only and are not intended to represent or guarantee that any other customer will achieve the same or similar results.

Results from using our products vary significantly from person to person based on numerous factors, including but not limited to age, health, physical condition, body composition, consistency of use, diet, exercise habits, genetics, and adherence to product instructions.

Except where expressly required by law, no statements, advertisements, product descriptions, demonstrations, or promotional materials should be interpreted as guarantees of performance, effectiveness, safety, medical benefit, fitness improvement, weight loss, muscle development, pain relief, or any other specific outcome.


SECTION 23 – ORDER ACCEPTANCE, PAYMENT, AND PRICING ERRORS

Your submission of an order constitutes an offer to purchase and does not guarantee acceptance by Evuora. We reserve the right, in our sole discretion, to refuse, limit, or cancel any order for any lawful reason, including but not limited to suspected fraud, unauthorized transactions, pricing errors, inventory shortages, suspected reseller activity, violations of these Terms, payment verification issues, or shipping restrictions.

We make reasonable efforts to ensure that pricing and product information displayed on the Website are accurate. However, typographical errors, technical errors, pricing inaccuracies, promotional errors, and other mistakes may occasionally occur. We reserve the right to correct any such errors at any time, including after an order has been submitted.

If an order is canceled after payment has been processed, our sole obligation will be to issue a refund of the amount actually paid for the affected order.

Payment processing services are provided by independent third-party payment processors. We do not store complete payment card information on our servers, and all payment transactions are subject to the applicable payment processor's terms, conditions, and privacy practices.

SECTION 24 – MARKETING, ADVERTISING, AND PROMOTIONAL CONTENT

All advertisements, promotional materials, product descriptions, videos, demonstrations, email campaigns, text messages, social media content, influencer content, testimonials, educational materials, blog posts, and other marketing communications are provided for general informational and promotional purposes only.

Unless expressly stated otherwise, nothing contained in our marketing materials constitutes a guarantee or warranty regarding any particular outcome, result, level of performance, effectiveness, health improvement, fitness achievement, weight loss, muscle growth, recovery, or medical benefit.

From time to time, we may offer promotional pricing, discounts, coupons, bundle offers, or limited-time promotions. Such offers are subject to change, expiration, modification, or cancellation without prior notice unless prohibited by applicable law.

Images, demonstrations, animations, and videos may depict simulated use or enhanced visual presentations intended to demonstrate general product functionality and should not be interpreted as promises or guarantees of individual results.

SECTION 25 – COOKIES, ANALYTICS, PIXELS, AND ADVERTISING TECHNOLOGIES

Our Website may use cookies, web beacons, pixels, software development kits (SDKs), session replay technologies, analytics tools, advertising technologies, and similar tracking technologies to operate the Website, improve functionality, analyze Website usage, personalize user experiences, measure advertising effectiveness, detect fraud, maintain security, and improve our products and services.

These technologies may be provided by us or by trusted third-party service providers, including advertising platforms, analytics providers, payment processors, customer support providers, and e-commerce service providers.

Your use of the Website acknowledges that such technologies may be used as described in our Privacy Policy. Where required by applicable law, your consent will be obtained before certain tracking technologies are activated.

Your available privacy rights, choices, browser settings, cookie preferences, and applicable opt-out mechanisms are described in our Privacy Policy.

SECTION 26 – LIMITATION OF LIABILITY CAP

To the fullest extent permitted by applicable law, Evuora's total cumulative liability arising out of or relating to the Website, the Services, or any product purchased from us shall not exceed the greater of (a) the amount actually paid by you for the product or service giving rise to the claim, or (b) one hundred U.S. dollars (US $100.00).

To the fullest extent permitted by law, Evuora shall not be liable for any indirect, incidental, consequential, punitive, exemplary, special, enhanced, or similar damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, business interruption, loss of goodwill, loss of data, replacement costs, emotional distress, or personal inconvenience, regardless of the legal theory asserted and even if advised of the possibility of such damages.

Nothing contained in this Section shall exclude or limit any liability that cannot be excluded or limited under applicable law.

SECTION 27 – CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, you and Evuora agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Services, or any product purchased from Evuora shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, representative action, consolidated action, mass action, or private attorney general action.

You further agree that no court, arbitrator, or other tribunal shall have authority to consolidate claims involving multiple parties or to preside over any class, representative, collective, or mass proceeding except where applicable law expressly prohibits such waiver.

If any portion of this Class Action Waiver is determined to be unenforceable, only the unenforceable portion shall be severed, and the remainder shall remain in full force and effect to the fullest extent permitted by law.

SECTION 28 – DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Services, or any purchase from Evuora shall first be submitted to us in writing in an effort to resolve the matter informally.

If the dispute cannot be resolved through informal negotiations within thirty (30) days, either party may require that the dispute be resolved through final and binding arbitration rather than in court, except for claims that may properly be brought in small claims court.

The arbitration shall be conducted by a nationally recognized arbitration provider under its applicable consumer arbitration rules. The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as otherwise required by applicable law.

Each party shall bear its own attorneys' fees and costs unless otherwise required by law or awarded by the arbitrator.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief to protect intellectual property rights or confidential information in a court of competent jurisdiction.

If applicable law prohibits mandatory arbitration for a particular claim, that claim shall proceed in a court of competent jurisdiction while all remaining claims shall remain subject to arbitration to the fullest extent permitted by law.

SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@shopevuora.com