Terms of service

OVERVIEW
Welcome to Vivora! The terms "we," "us," and "our" refer to Vivora. Vivora operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the "Services"). Vivora uses the Shopify platform, which enables us to provide the Services to you.
These terms and conditions, along with any policies referenced in them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, remedies, and obligations, including various limitations and exclusions.
By visiting, accessing, or otherwise using any of the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access the 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 and you give us your consent to allow any of your minor dependents to use the Services on any devices you own, buy, or otherwise control.
To use the Services, including browsing or shopping on our online stores or purchasing any of our products or services, you may be required to provide certain information, such as your email address, billing information, and shipping details. You represent and warrant that any information you provide on our online stores is accurate, current, and complete, and that you have the right and authority to provide this information.
You are solely responsible for the security of your account credentials and any activity on your account. You may not transfer, sell, assign, or license your account to any other party.

SECTION 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services in our online stores. However, please be aware that the colors and appearance of products you see displayed will depend on the device you are using to access our online stores, and its screen and other settings.
We cannot guarantee that the appearance of, or the quality of, any products or services you purchase will meet your expectations, or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products at any time, and to limit the quantities of any products or services that we offer, on a case-by-case basis, without notice.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Vivora reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted, and no contract is formed, until we send you written confirmation of order acceptance. We must receive and process payment before your order is accepted. Please review your order carefully before submitting it, as we may not be able to accommodate order cancellation requests once an order has been placed. Should we refuse, alter, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or exportation.

SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price and currency are listed on our online stores and are subject to change at any time without prior notice, and shown prices do not include taxes, shipping, handling, duties, or import fees unless otherwise stated.
Prices for our products or services may differ from prices in physical retail locations or those offered by other retailers or through other channels. We may from time to time offer promotions on the Services that may affect pricing that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our online stores. You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) any credit card or other payment details you provide are true, correct, and complete; (ii) you are duly authorized to use such credit card or other payment method for the transaction; (iii) charges incurred by you will be honored by your credit card company or other payment method provider; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Any delivery times we provide are estimates only and are not guaranteed. We disclaim liability for delays caused by carriers, customs procedures, or events beyond our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Vivora, its affiliates, or its licensors and are protected under U.S. and foreign patent, copyright, and other intellectual property law.
These Terms permit you to use the Services for your own personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly stated in these Terms, nothing shall be construed as granting any right or license to any patents, trademarks, copyrights, or other proprietary rights of Vivora, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state trademark, copyright, and other laws. All rights not expressly granted in these Terms are reserved by Vivora.
Vivora's names, logos, product and service names, designs, and slogans are trademarks of Vivora, its affiliates, or licensors. You may not use such marks without the prior written permission of Vivora. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools that we neither monitor nor have any control nor input over as part of the Services.
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 any optional third-party tools.
Any use by you of the optional tools offered through our 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 these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (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
Our Services may contain materials and links to third-party websites or platforms (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave our Services and access these third-party sites or materials, you do so at your own risk.
We shall have no liability whatsoever arising from or relating to your access to third-party websites, or from your purchase or use of any third-party products, services, resources, or content available on such sites. 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 - RELATIONSHIP WITH SHOPIFY
Vivora is powered by Shopify, which allows us to provide the Services to you. However, any sale or purchase made through our shop is made directly with Vivora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales made between you and Vivora, including any damages, harm, or losses resulting from the products or services purchased. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or in connection with your purchase or transaction with Vivora.

SECTION 10 - PRIVACY POLICY
Any personal information you provide to us through the Services is subject to our Privacy Policy, and any personal information may also be subject to Shopify's privacy policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than where you live, in order to provide you with the Services. Please review our Privacy Policy to learn more about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you either own or have the right to any Feedback that you provide; (ii) you have disclosed any compensation or incentive received in connection with submitting any Feedback; and (iii) your Feedback complies with these Terms. We are and will not be under any obligation to (1) keep any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or fraudulent activity; (b) violate any international, federal, provincial, state, or local law or regulation; (c) infringe upon the intellectual property rights of Vivora, Shopify, or others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or other persons; (e) submit false or misleading information; (f) send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; or (i) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Vivora, Shopify, users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or engage in pretexting through the Services; (e) use any robot, spider, scraper, or other automated means, AI tools (including agentic AI), or manual process to access the Services; or (f) interfere with, circumvent, or disable any security-related or access-restricting features of the Services. We reserve the right to terminate your use of the Services for violating any prohibited uses.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may operate on a device owned, used, or controlled by a person, without direct oversight.
14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the terms set forth in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is coming from an Agent and disclose the name of the Agent by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or misrepresent that access, use, or interactions are coming from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or solving CAPTCHAs or measures designed to distinguish human from computer use; (iii) honestly respond to any inquiry or prompt aimed at determining whether interactions are coming from a human or a computer; (iv) not circumvent or avoid any measures designed to block, limit, alter, or control the access, use, or interactions of Agents with the Services.

SECTION 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
Information provided on or through the Services is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY VIVORA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVORA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, VENDORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY OR ITS AFFILIATES, 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vivora, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, demand, loss, or damages, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We reserve the right to notify you of any such claim, demand, or action, and a failure to provide prompt notice will not relieve you of your obligations hereunder, unless such failure materially prejudices you. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims, including by providing relevant documentation. We will not settle any claim without your consent if the settlement requires you to admit fault or take (or refrain from taking) any action, unless you agree to such settlement in writing.

SECTION 19 - 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 20 - WAIVER; 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 the Services or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 21 - ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this section will be void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent.

SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide you the Services, shall be governed by and interpreted in accordance with the laws applicable in the province of Quebec, Canada, and the federal laws of Canada applicable therein. You and Vivora expressly consent to the exclusive jurisdiction and venue of the courts located in Quebec.

SECTION 23 - HEADINGS
Headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

SECTION 24 - CHANGES TO 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, 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. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date noted in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: contact@vivorapets.com.
Our contact information is posted below:
Vivora
contact@vivorapets.com