Terms of Service

Introduction

Welcome to ELYTX ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your access to and use of the ELYTX website at elytx.ie (the "Website"), including any content, functionality, and services offered on or through the Website.

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.

1. Acceptance of Terms

By accessing or using the ELYTX Website, creating an account, making a purchase, or using any of our services (including the ELYTX Challenge and Fitness Journey Tracker), you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any part of these Terms, you are prohibited from using or accessing the Website.

2. Eligibility

You must meet the following requirements to use our Website and services:

• You must be at least 16 years of age
• You must have the legal capacity to enter into a binding contract
• You must not be barred from using our services under the laws of Ireland or any other applicable jurisdiction
• If you are between 16 and 18, you must have parental or guardian consent to make purchases

By using our Website, you represent and warrant that you meet these eligibility requirements.

3. User Accounts

Account Creation

You may create an account to access certain features of our Website, including order tracking, the Fitness Journey Tracker, and the ELYTX Challenge. When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violating these Terms or engaging in fraudulent or illegal activities.

4. Products and Orders

Product Information

We make every effort to display our products accurately, including colors, sizes, and descriptions. However, we do not guarantee that product images, colors, or descriptions are completely accurate, complete, or error-free. Monitor settings and display variations may affect how products appear.

Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion. If a product becomes unavailable after you place an order, we will notify you and issue a full refund.

Order Acceptance

Your order constitutes an offer to purchase products. We reserve the right to accept or reject any order for any reason. Order confirmation emails do not constitute acceptance. Acceptance occurs when we ship your order or charge your payment method.

Order Modifications and Cancellations

Once an order is placed, you may request modifications or cancellations by contacting us immediately. We cannot guarantee changes after an order has been processed or shipped.

5. Pricing and Payment

Pricing

All prices are displayed in Euros (€) and include VAT where applicable. Prices are subject to change without notice. We reserve the right to correct pricing errors, even after an order has been placed.

Payment Processing

We use Stripe as our secure payment processor. By making a purchase, you agree to Stripe's terms and conditions. We accept major credit and debit cards, Apple Pay, and Google Pay.

Payment Authorization

By providing payment information, you represent and warrant that:

• You have the legal right to use the payment method
• The information you provide is accurate and complete
• You authorize us to charge the payment method for the total order amount

Failed Payments

If payment authorization fails or is declined, your order will not be processed. We are not responsible for any fees charged by your financial institution due to failed payments.

6. Shipping and Delivery

We currently ship only within Ireland via An Post. For detailed information about shipping times, costs, and policies, please see our Shipping Information page.

Delivery Times

Estimated delivery times are 3-5 working days. These are estimates only and not guaranteed. We are not liable for delays caused by An Post or circumstances beyond our control.

Risk of Loss

Risk of loss and title for products pass to you upon delivery to the carrier (An Post). We are not responsible for lost or stolen packages marked as delivered by the carrier.

Shipping Address

You are responsible for providing an accurate and complete shipping address. We are not liable for orders delivered to incorrect addresses provided by you.

7. Returns and Refunds

We want you to be satisfied with your purchase. Our return policy allows returns within 30 days of delivery for eligible products. For complete details, please review our Returns & Exchanges page.

Return Conditions

To be eligible for a return, items must be:

• Unworn and unwashed
• In original condition with all tags attached
• Returned within 30 days of delivery

Refund Processing

Refunds are processed within 5-7 business days of receiving your return. Refunds are issued to the original payment method. We are not responsible for delays in your financial institution processing the refund.

Non-Returnable Items

Certain items cannot be returned for hygiene reasons, including underwear and items marked as "Final Sale."

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to text, images, graphics, logos, designs, software, and code) are owned by ELYTX and are protected by international copyright, trademark, and other intellectual property laws.

Trademarks

The ELYTX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ELYTX. You may not use these marks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. This license does not permit you to:

• Modify, copy, distribute, or reproduce any content from the Website
• Use any automated system to access or scrape the Website
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Website for any commercial purpose without our authorization

9. User-Generated Content

Our Website may allow you to submit content, including product reviews, fitness logs (via the Journey Tracker), and challenge submissions. By submitting content, you grant ELYTX a worldwide, royalty-free, perpetual license to use, display, modify, and distribute your content.

Content Standards

You agree that any content you submit will not:

• Violate any laws or infringe on any third-party rights
• Contain defamatory, obscene, or offensive material
• Contain false or misleading information
• Promote illegal activities or violence
• Include spam, advertising, or promotional content

Content Removal

We reserve the right to remove any user-generated content that violates these Terms or is otherwise objectionable, without notice.

10. Prohibited Activities

You may not access or use the Website for any purpose other than those expressly permitted by these Terms. Prohibited activities include, but are not limited to:

• Using the Website for any unlawful purpose or in violation of these Terms
• Attempting to gain unauthorized access to our systems or other users' accounts
• Interfering with or disrupting the Website or servers
• Using automated tools (bots, scripts) to access the Website
• Impersonating any person or entity or misrepresenting your affiliation
• Collecting or harvesting information about other users
• Transmitting viruses, malware, or other harmful code
• Engaging in fraudulent activities, including payment fraud or discount code abuse
• Reverse engineering or attempting to extract source code
• Exploiting the ELYTX Challenge or Fitness Journey Tracker for unfair advantage

Violation of these prohibitions may result in account termination and legal action.

11. Disclaimers and Warranties

As-Is Basis

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ELYTX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Website will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

Fitness Disclaimer

The Fitness Journey Tracker and related features are for informational purposes only. Consult with a healthcare professional before beginning any exercise program. ELYTX is not responsible for any injuries or health issues resulting from your use of our fitness features.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELYTX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use of or inability to use the Website or services
• Any unauthorized access to or use of our servers or personal information
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, or harmful code transmitted through the Website
• Any errors or omissions in content or loss of content posted or transmitted
• Defective or unsatisfactory products
• Delays or failures in delivery

Maximum Liability

IN NO EVENT SHALL ELYTX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO ELYTX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless ELYTX, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Website or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through the Website
• Your fraudulent or illegal activities

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the courts of Ireland, and you consent to the jurisdiction of such courts.

15. Dispute Resolution

Informal Resolution

If you have any dispute with ELYTX, you agree to first contact us at info@elytx.ie and attempt to resolve the dispute informally before pursuing any formal legal action.

Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with Irish arbitration law, rather than in court. The arbitration will be conducted in Ireland, and the arbitrator's decision will be final and binding.

Class Action Waiver

You agree to resolve disputes with ELYTX on an individual basis only. You waive any right to bring claims as part of a class action, collective action, or representative proceeding.

16. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify registered users via email for material changes
• Post a notice on the Website homepage for significant changes

Your continued use of the Website after changes to these Terms constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Website.

17. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your right to use the Website will immediately cease.

Termination by Us

We may suspend or terminate your account and access to the Website immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Unexpected technical issues or security concerns

Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Email: info@elytx.ie
• Legal Inquiries: legal@elytx.ie
• Contact Page: Contact Support

We aim to respond to all inquiries within 2-3 business days.