TERMS OF SERVICE: FITKITTY CULTURE LLC

OVERVIEW This website is operated by Fitkitty Culture LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Fitkitty Culture LLC. Fitkitty Culture LLC operates this website and store, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

Our store is powered by Shopify, which enables us to provide the Services to you. These Terms of Service, together with any policies referenced herein, including our Privacy Policy, Refund Policy, and Shipping Policy, describe your rights and responsibilities when you use our Services.

ACCESSIBILITY: We are committed to making our Services accessible to everyone. If you are having difficulty viewing or navigating the content on this website, please contact us at the email address provided in Section 21 with “Disabled Access” in the subject line.

By visiting, accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://fitkitty.com/policies/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 - 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. To use the Services, you may be asked to provide certain information (email, billing, shipping). You represent that all information provided is correct and complete. You are solely responsible for maintaining the security of your account credentials.

SECTION 2 - OUR PRODUCTS AND HEALTH DISCLAIMER

We make every effort to display product colors and images accurately, but we cannot guarantee your device’s display will be exact. All descriptions and pricing are subject to change without notice.

2.1 HEALTH & FITNESS DISCLAIMER: The Services may provide information related to fitness, nutrition, or wellness. This information is for educational purposes only and is not intended as medical advice. Always seek the advice of your physician before beginning any exercise program or dietary change. Fitkitty Culture LLC is not responsible for any health problems or injuries resulting from products or information learned through the Services.

2.2 SUPPLEMENT DISCLAIMER: For any dietary supplements sold, these statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Results may vary.

SECTION 3 - ORDERS

Fitkitty Culture LLC reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. You represent that your purchases are for personal use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices do not include taxes, shipping, or duties unless stated. You agree to provide current, complete, and accurate purchase and account information for all purchases.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates. Title to and risk of loss for products pass to you upon our transfer of the products to the shipping carrier. See our Shipping Policy at https://fitkitty.com/policies/shipping-policy.

SECTION 6 - INTELLECTUAL PROPERTY

Fitkitty Culture LLC or its licensors own all trademarks, brands, text, and images. You are permitted to use the Services for personal, non-commercial use only. Any unauthorized use may violate intellectual property laws.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” without warranties. Your use of these tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

We are not responsible for examining the content or accuracy of third-party websites linked from our Services. Any harm or damages related to third-party products are not the responsibility of Fitkitty Culture LLC.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

You acknowledge that Shopify is the platform provider and is not responsible for any aspect of sales between you and Fitkitty Culture LLC. You release Shopify from all claims arising from your transactions with us.

SECTION 10 - PRIVACY POLICY

Personal information is subject to our Privacy Policy at https://fitkitty.com/policies/privacy-policy. As we are hosted by Shopify, your data may be processed by Shopify to facilitate our Services.

SECTION 11 - FEEDBACK

If you submit feedback or reviews, you grant us a perpetual, royalty-free license to use that content for any lawful purpose. We have no obligation to maintain feedback in confidence or pay compensation.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct any typographical errors, inaccuracies, or omissions, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may not use the site for unlawful purposes, to infringe on intellectual property, to transmit viruses, or to scrape data. We reserve the right to terminate your access for any prohibited use.

SECTION 14 - AGENTS (AI & AUTOMATED TOOLS)

14.1 This section applies if you use an Agent (software/service taking autonomous action) to interact with our Services. 14.2 No Agent may access the Services unless it identifies itself as per Section 14.4. 14.3 We may technically limit how Agents interact with our Services. 14.4 Agents must: (i) Identify as "Agent/[name]" in the user agent string; (ii) Not conceal their identity; (iii) Not mimic human behavior to avoid detection; (iv) Not circumvent CAPTCHAs.

SECTION 15 - TERMINATION

We may terminate these Terms at any time without notice. Provisions regarding Intellectual Property, Liability, and Indemnification shall survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SECTION 17 - LIMITATION OF LIABILITY

IN NO CASE SHALL FITKITTY CULTURE LLC, OUR DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED THROUGH THE SERVICE.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold Fitkitty Culture LLC harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service.

SECTION 19 - DISPUTE RESOLUTION & ARBITRATION

Any dispute relating to these Services will be resolved by binding arbitration rather than in court. YOU AND FITKITTY CULTURE LLC AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION.

SECTION 20 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State/Province in which Fitkitty Culture LLC is registered.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at bestie@fitkitty.com