Terms of service

Welcome to Vykon Inc., your go-to online provider for therapeutic-grade custom supplements and wellness products. These Terms of Service ("Terms") outline the rules and guidelines that govern your access to and use of our websites and other services offered by Vykon Inc. and its subsidiaries or affiliates (collectively referred to as "Vykon Inc.," "we," "us," or "our") that link to or incorporate these Terms (jointly known as the "Platform").

We encourage you to read these Terms carefully, as using our Platform means you agree to comply with them. If you are accepting these Terms on behalf of someone else, you confirm that: (i) you have the legal authority to bind that person to these Terms; (ii) you have reviewed and understood the Terms; and (iii) you agree to these Terms on their behalf.

Please note that additional terms may also apply to your use of the Platform, which are included by reference. These additional terms may relate to sales promotions and other features available on the Platform from time to time, as well as our Privacy Statement, which governs the handling of any data shared on the Platform.

Definitions

Throughout these Terms, we may use certain words or phrases, and it is important that you understand their meanings.

“Account” means either a Practitioner Wholesale Account, including any linked staff accounts, or a Student Account.

“Governmental Authority” means any national, provincial, state, local or other government, or subpart, agency or unit thereof.

“Intellectual Property Rights” refers to all rights associated with intellectual property, including but not limited to copyrights, trademarks, trade names, patents, trade secrets, and any other proprietary rights recognized under applicable laws. 

“Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority.

“Payment Processor” means a third-party company which processes payments initiated through the Platform.

refers to a third-party service provider that facilitates payment transactions between customers and the Platform. 

“Practitioner” means a qualified or licensed (if required by Law) person who has been provided access to the Platform by an application process and approved by Vykon Inc..

“Practitioner Account” means an account opened by a Practitioner through which the Practitioner manages their orders, clients and protocols. 

“Products” means those items available for purchase through the Platform.

“Services” refers to the services that we provide to or on behalf of Practitioners or arrange for through our Platform, including the Platform itself and all services furnished to Practitioners or Students, including order processing, payment collection and processing, shipping and tracking, and any other support services provided. 

“Student” means someone who is actively enrolled in a Vykon Inc.-approved educational program at the post-secondary level.

“Student Account” means a limited Vykon Inc. account provided to the student upon completion of a student contract.  Students are limited to purchasing products for themselves.

“Suppliers” means the companies that manufacture and/or supply the Products available through the Platform.

“User” refers to Practitioners, Students, Health Product Distributors, and general visitors to the Platform. 

“Ready-made” refers to a finished item that is pre-manufactured, fully developed, and available for immediate use or sale without requiring further modification, customization, or assembly.

“Made-to-order” refers to products that are manufactured or assembled only after a customer places an order. These products are customized or tailored to specific requirements.

Orders and Payment

Made-to-Order Nature
Our Products are individually formulated based on the information you provide. Due to their personalized nature, all sales are final, and returns or exchanges are not permitted, except as expressly stated in these Terms.

Accuracy of Information
You are responsible for providing accurate and complete information when placing an order. We are not liable for errors or adverse effects resulting from inaccurate or incomplete details.

No Medical Claims
Our Products are not intended to diagnose, treat, cure, or prevent any disease. Consult with a healthcare professional before using any supplement, especially if you are pregnant, nursing, or have any medical conditions. Custom formulas have not been evaluated by the Food and Drug Administration or Health Canada. Our products are not intended to diagnose, treat, cure, or prevent any disease. Custom blends are only available for dispensing by certified health professionals, without warranty of any kind.  If you are not a licensed health practitioner or veterinarian, we recommend advising your clients to consult with their physician or veterinarian before they make any changes to their diet or supplements, or their animal’s diet or supplements. 

Order Acceptance & Processing
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion.

Pricing & Payment
Prices are listed in US Dollars and are subject to change. Payment is due at the time of purchase via our accepted payment methods. We use third-party Payment Processors, and by purchasing, you agree to their terms and policies.

Taxes & Duties
Applicable taxes will be added at checkout based on your location. You are responsible for any additional charges imposed by your local authorities, including any duties.

Disclaimers and Limitation of Liability

No Guarantees
Results from our Products vary by individual. We do not guarantee specific results.

Liability Limitation
To the fullest extent permitted by law, our liability is limited to the amount paid for the affected Product. We are not responsible for indirect, incidental, or consequential damages.

By completing your purchase, you acknowledge that you have read, understood, and agreed to these Terms of Service.

General Terms

Content for Information Purposes Only

The content provided on the Platform is intended solely for informational purposes and should not be interpreted as medical advice or a replacement for professional medical expertise. The Platform is not suitable for emergency medical services. The information available on the Platform does not substitute for professional medical care or advice from a qualified healthcare provider. Users should not rely on the content provided on the Platform (including information shared by healthcare practitioners or other professionals associated with us) for the diagnosis, treatment, management, or prevention of any health issues or diseases.

While we strive for accuracy on the Platform, we cannot guarantee that all information is complete, correct, or up-to-date. Suppliers may modify their Products periodically, and actual product packaging and materials may differ from the information presented on the Platform. We encourage you to refer to all labels, warnings, and directions for the most precise product information.

All features, specifications, Products, and prices listed on the Platform are subject to change at any time without prior notice. We reserve the right to update information related to pricing, descriptions, or availability without notice. The presence of any Products or Services on the Platform does not guarantee their availability at any given time.

Requirements

To use our Platform and Services, you must meet several requirements, including but not limited to the following:

  • You must be of the minimum age required to enter into a contract in your area.
  • You are responsible for understanding and complying with all applicable laws in your jurisdiction, as well as in any areas where you promote and sell Products. This includes laws related to professional licensing, product regulations, and taxes.
  • You must provide us with accurate and complete personal and payment information, as well as any other details we deem necessary for delivering our Services. You are responsible for keeping this information up to date to ensure its accuracy at all times, including matters regarding professional licensing and credentials.
  • For customers in regions where Vykon Inc. is required to collect sales tax, the applicable taxes will be calculated and included at checkout. However, you, the customer, are solely responsible for your income tax obligations.  If you operate as a business or reseller, you may need to report and remit income taxes according to the regulations in your jurisdiction. We recommend consulting a tax professional for advice regarding your tax responsibilities related to purchases or resales. Please note that Vykon Inc. does not provide tax advice and will not be responsible for any tax obligations aside from the legally required collection and remittance of applicable sales taxes.
  • You must not breach any embargoes, export controls, or other regulations of Canada, the U.S., or any other relevant jurisdictions governing these Terms, Vykon Inc., or your activities.

Right to Access and Rules of Use

Subject to these Terms, and as long as your account remains in good standing, Vykon Inc. grants you a limited, personal, revocable, non-exclusive, and non-transferable right to access and use the platform solely for your internal business purposes.

By using our platform and services, you agree to the following:

  • No Unauthorized Representations – You shall not make any representations, warranties, guarantees, or commitments on behalf of Vykon Inc. that conflict with these Terms.
  • Compliance with Laws – You must comply with all applicable laws and regulations in any jurisdiction where you promote, sell, or arrange for the shipment of products.
  • Responsibility for Claims – You are solely responsible for any claims you make regarding the products, including any that go beyond what is explicitly stated on product labeling.
  • No Fraudulent or Harmful Activities – You must not engage in illegal, deceptive, misleading, or fraudulent practices, promote criminal activity, or share information related to unlawful conduct.
  • No Objectionable Content – You may not post, send, or share content that is violent, obscene, pornographic, hateful, defamatory, or that reveals private or personal information about others without proper authorization. Vykon Inc. reserves the right to remove any content it deems inappropriate at its sole discretion.
  • Infringe on Intellectual Property Rights – This includes violating copyrights, trademarks, or proprietary rights of Vykon Inc. or any third party. Unauthorized use of our content, branding, or materials is strictly prohibited.
  • Create False or Misleading Identities – You may not create duplicate accounts, impersonate any person or entity, or misrepresent your affiliation with a business or third party.
  • Compromise Security or Integrity – You shall not engage in hacking, phishing, injecting malicious code, or otherwise interfering with the security, availability, or performance of our platform, services, or user data. This includes, but is not limited to, deploying viruses, malware, bots, or other harmful technologies.
  • Exploit Platform Content or Services – Without express written permission, you may not copy, modify, distribute, resell, or use any content from our platform for commercial gain, competitive purposes, or any unauthorized means, including removing or altering copyrights and trademarks.
  • Engage in Unauthorized Data Collection – Automated scraping, harvesting, indexing, data mining, or AI/machine learning model training using our platform’s data is prohibited. Additionally, probing, scanning, or attempting to bypass security measures is not allowed.
  • Send Unsolicited Communications – You may not use our platform or services for spam, junk mail, unauthorized advertising, or any other form of unsolicited communication.
  • No Interference with Others – You shall not disrupt or interfere with other users’ experience, including spamming, harassment, or any actions that discourage legitimate transactions.
  • No Unauthorized Solicitations – You may not post or send charity requests, petitions, chain letters, pyramid schemes, or any unauthorized advertising, promotions, or solicitations for goods or services not approved by Vykon Inc.
  • Account Integrity – Your account is for your use only. You shall not share access with others except for authorized staff or agents acting under your direct supervision. If you have a Student Account, you may not allow anyone else to act on your behalf or use your login credentials.
  • No Harm to Reputation or Business – You may not engage in any activity that, in Vykon Inc.’s sole discretion, could harm its reputation, business operations, or the safety of its users or third parties.
  • No Misrepresentation – You shall not falsely claim to represent or act on behalf of Vykon Inc. in any capacity.
  • No Insurance Reimbursement Submissions – You may not submit sales made through the platform for reimbursement from any federal or commercial insurance provider.

Your access to the platform and services depends on your compliance with these Terms. Vykon Inc. reserves the right to modify or introduce new requirements at its sole discretion without prior notice.

You acknowledge and agree that you are solely responsible for ensuring your compliance, as well as that of your agents and linked accounts, with these Terms and all applicable laws and regulations. Vykon Inc. does not provide legal or regulatory advice regarding your obligations.

Any references to specific laws or regulations within these Terms do not imply that they apply to you, nor do they exclude the possibility that other laws may be relevant to your activities. Furthermore, Vykon Inc. makes no representations or determinations regarding the legality of recommending or reselling products to clients, whether by practitioners, students, or any other users.

It is your responsibility to seek guidance from qualified advisors to ensure compliance with all applicable laws and regulations.

By using our platform and services, including those provided on your behalf, you confirm that you are authorized to do so by any applicable governmental authority. It is your sole responsibility to ensure that you meet all necessary legal and regulatory requirements.

Certain jurisdictions require that practitioners providing health-related recommendations to clients hold appropriate licenses or credentials. Additionally, regulatory bodies, professional organizations, or other governing entities may impose ethical standards, disclosure obligations, or pricing restrictions, such as limitations on charging above the Manufacturer’s Suggested Retail Price (MSRP) for products.

You agree to comply with all licensing, credentialing, and ethical standards applicable to you as a practitioner and to adhere to any relevant laws governing your professional activities.

Accounts and Passwords

Certain features and services on our platform require you to create an account, including setting up a username and password. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

We will honor instructions from anyone who provides your username and password, whether online, by email, phone, or through an authorized third-party service. It is your responsibility to notify Vykon Inc. immediately if you suspect any unauthorized access or use of your account.

You may not use another individual’s or company’s account, username, or password without their express permission. Vykon Inc. is not responsible for any loss or damage resulting from your failure to secure your account credentials, including any misuse or unauthorized access. You agree to indemnify Vykon Inc. against any claims, damages, losses, or costs arising from a breach of your account security obligations.

Practitioner Accounts

Practitioners who wish to sell products through the platform and access all available services for their use must register for a Practitioner Account. As part of the registration process, Vykon Inc. requires practitioners to provide specific identification and contact information.

Student Accounts

Students who wish to recommend products to friends and family through the platform must register for a Student Account. To complete registration, students must provide identification and contact details, including but not limited to:

  • Full name
  • Address
  • Email address
  • Proof of enrollment in an approved educational program
  • Expected graduation date

Failure to provide accurate and up-to-date information may result in account suspension or termination. 

By creating an Account, you also consent to receive electronic communications (e.g., via email, SMS, or push notifications, where applicable). These communications may include notices about your Account (e.g., Account changes, password resets and other transactional information) and are part of your relationship with us. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may modify your communications preferences by following the instructions contained in our promotional messages or through your Account settings; please allow up to 10 business days for your request to be processed. Please note that even if you opt out of receiving marketing communications, we may still send you transactional messages relating to your use of the Platform or messages sent as part of an existing business relationship.

Payments and Sales Tax

Practitioners are responsible for the products they sell to their clients. Vykon Inc. reserves the right to adjust its fees at any time. In regions where Vykon Inc. is required to collect sales tax, the applicable tax will be calculated and added at checkout. However, you, the customer, are solely responsible for your income tax obligations.

Our Intellectual Property Rights

The platform, including its underlying software and technology, contains copyrighted materials, trademarks (such as the Vykon Inc.® trademark), service marks, trade dress, logos, and other proprietary content—both registered and unregistered—such as text, software, applications, sound, photographs, images, videos, graphics, and more (collectively, the "Content"). This Content is the property of Vykon Inc., its affiliates, and licensors. The entire selection, coordination, arrangement, and "look and feel" of the platform and its Content are protected as a collective work under copyright laws.

The Content provided by Vykon Inc. is essential for distinguishing our platform from competitors and is valuable both to our customers and in search engine rankings. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any Content on the platform, including practitioner accounts, without obtaining prior written permission from us.

Additionally, you agree not to remove, alter, or obscure any proprietary notices or legends related to Vykon Inc. or its suppliers and licensors. You also agree not to use any Content or product names as part of a URL, secondary-level domain name, metatag, keyword, file name, or in any advertising, including but not limited to Google Ads, Facebook Ads, or similar services.

Your use of the platform and these Terms does not grant you any ownership rights, title, or interest in the platform, Content, or any of Vykon Inc.’s intellectual property rights. Vykon Inc. and its third-party licensors retain full ownership of the platform, Content, and intellectual property rights. Any rights not explicitly granted in these Terms are reserved.

We may revoke any permission granted for your use of our Content at our discretion. If we request that you remove any use of our Content, you agree to comply immediately, even if it results in a loss to you.

Copyright & Trademark Infringement

We take allegations of copyright and trademark infringement seriously. If you believe that another user has infringed upon your intellectual property rights in the U.S., please notify us immediately by sending all relevant details to legal@vykoninc.com.

When submitting a notification of alleged copyright or trademark infringement, please provide the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or trademark interest that is claimed to have been infringed.
  2. Identification of the copyrighted work or trademark that is alleged to have been infringed.
  3. A description of the material that is claimed to be infringing, along with sufficient information to locate the material on the platform.
  4. Contact information for the complaining party, including a physical address, phone number, and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that the use of the material in question is not authorized by the copyright or trademark owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on the copyright or trademark owner’s behalf.

If we determine, in good faith, that any material infringes upon a copyright or violates intellectual property rights, we will promptly remove or disable access to such material.

If you believe that a practitioner or another user has infringed your Canadian copyright or trademark, please notify us immediately by sending full details to legal@vykoninc.com. Your notification should include the following information:

  1. The claimant’s name and address.
  2. Identification of the copyrighted material or trademark that is alleged to have been infringed, and the claimant’s interest or rights related to that material.
  3. The location data, such as the web address or Internet address, associated with the alleged infringement.
  4. A description of the alleged infringement.
  5. The date and time of the alleged infringement.

Once we receive a notice that complies with the above requirements, we will forward the details to the user in question.

Please be advised that submitting false reports of infringement is considered defamatory and may be legally actionable. A user affected by such false reports may seek damages from you if a false report is made.

Third Party Applications and Resources.

The Platform may provide links to third-party applications, websites, products, services, and other resources (collectively, "third-party resources"), including those framed within the Platform. These links are provided as a convenience to our users.

Please note that third-party resources are not under our control. We are not responsible for the availability of these resources, nor do we endorse, sponsor, or recommend them. We also disclaim any responsibility or liability for any content, products, services, or materials available from third-party resources.

By using third-party resources, you acknowledge and agree that we are not liable for any damage or loss caused by or alleged to be caused by the use of or reliance on such resources. Any transactions, communications, or interactions with third parties, including payments and delivery, are solely between you and the third party. We encourage you to review the privacy policies and terms and conditions of any third-party resources before engaging with them. Your use of these resources is at your own risk.

If we allow you to connect your account with third-party resources, such as EHRs (Electronic Health Records), you acknowledge that by connecting your account, information may be shared between us and the third party. You are responsible for notifying us about any restrictions on data sharing and for providing instructions to the third-party resource regarding any limitations on information provided to it by us. We are not responsible for any information transmitted to third-party resources outside of our control.

Disclaimer of All Warranties

ALL PRODUCTS AND SERVICES ARE PROVIDED BY VYKON INC. “AS IS,” AND WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATION, CONDITION, OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VYKON INC. MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, PLATFORM, CONTENT, AND SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS,

NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE PLATFORM OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING, HARMFUL, OR DESTRUCTIVE PROPERTIES.

Indemnity and Limitation of Liability

You hereby agree, individually and for any third party on behalf of which you are acting, to defend, indemnify, and hold Vykon Inc., along with its affiliates, subsidiaries, successors, partners, Suppliers, licensors and third-party providers, and the directors, officers, members, managers, agents, and employees of each of them (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by Vykon Inc. or a third party arising from or related toVykon Inc.’s provision of Services to you or on your behalf (or anyone acting under your account or password), including but not limited to any breach of a representation or warranty of these Terms or use of our Platform or Services. You agree that this duty to defend extends to requiring you to pay for our reasonable attorneys’ fees, court costs, expert witness fees and disbursements.

IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST INCOME OR PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT VYKON INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS EXCEED THE AGGREGATE AMOUNT OF YOUR SERVICE FEES THROUGH VYKON INC. DURING THE THREE (3) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.

NONE OF THE PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE, OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, AND/OR DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICES OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICES AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR (OR YOUR CLIENTS’) ACCESS TO OR YOUR (OR YOUR CLIENTS’) INABILITY TO ACCESS THE SERVICES, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

You agree that the Protected Parties are not responsible in any way for damages caused by third parties who may use our Services or who provide Products or Services through the Platform, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you. Further, you agree that the Protected Parties are not responsible for any failure of a third party to comply with or fulfill any contractual obligation, including but not limited to any actions taken by a Payment Processor to place a hold on your funds, any failure by a Payment Processor to direct payments to the correct destination, or with respect to shipping or delivery, or any disruptions, scheduled or unscheduled, intentional or unintentional, of our Platform which may prevent access temporarily or permanently. We are not responsible for any fraud, malpractice, negligence, or other torts by any third party.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by Law. Specifically, we do not disclaim liability which is not lawful to exclude, either now or in the future.

The provisions of this Section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. AS PART OF THESE TERMS, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Data Privacy & Security

Our privacy and security practices are governed by these Terms, our Privacy Statement, US State Privacy Notice, and Consumer Health Data Privacy Notice, and apply solely to activities subject to the relevant provisions of Canadian and U.S. federal, provincial, and state privacy laws. Vykon Inc. is committed to operating in accordance with the privacy laws of each jurisdiction where we conduct business. If you access the Platform from other locations, you do so at your own risk and are responsible for complying with any applicable local laws regarding your online behavior and content, where such laws are applicable.

If you provide us with a third party’s contact information in connection with the Services, you represent that you have permission for us to contact such third party (including by email, telephone, or text message) using any of the contact information provided, including for marketing purposes.

Additional Mobile Application Terms

You may be charged by your mobile service provider for downloading and/or accessing the Platform on your phone or other mobile device. These charges may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your device then we assume that you have the permission from the person or entity that does before incurring any of these charges. Additional terms and conditions may apply to you based on the mobile device the Platform is installed on.

iOS – Apple. These Terms are an agreement between you and us, and not with Apple. Apple is not responsible for the Platform and the content thereof. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/ww/), including the Usage Rules set forth therein. These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (available at https://www.apple.com/legal/macapps/dev/stdeula/). Our mobile application-based services are considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. 

Submissions and Beta Testing

You may submit questions, comments, feedback, suggestions, ideas, improvements, plans, original or creative materials, or other information about the Platform through our websites or other channels. Any content you provide is voluntary, non-confidential, and given without expectation of compensation or obligation. By submitting such content, you grant us and our designees a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use, reproduce, modify, create derivative works from, combine with other works, translate, distribute, display, perform, publish, license, or sublicense the content. We have the unrestricted right to use and share the content for any purpose, whether commercial or otherwise.

We may offer certain features or Services as part of closed or open beta testing for evaluation and testing purposes. We have sole discretion to determine the duration of any beta testing period and will be the exclusive authority in assessing its success and deciding whether to introduce the functionality or Services more broadly. At any time, we reserve the right to fully or partially modify, suspend, or discontinue any beta testing, with or without prior notice. You acknowledge that we are not liable to you or any third party for any consequences arising from changes to, interruptions of, or termination of beta testing for any reason.

Minimum System Requirements

You are responsible for securing internet access and the necessary equipment to use the Platform and Services. The Platform is compatible only with certain devices and operating systems, and some features may require an active internet connection. Additionally, certain functionalities may be limited to specific operating systems. Mobile applications may not offer the same features as the full Platform.

Coupons and Promotions

Coupons and promotional codes provided to you, or to your Clients on your behalf, are intended for individual use only. Neither you nor your Clients may transfer, reproduce, trade, sell, publish, or share them unless explicitly permitted by the terms of the offer. We reserve the right to cancel orders if we suspect a coupon or promotional code is being used by someone other than the intended recipient or in cases of abuse, misuse, or fraud. Additionally, we may modify, terminate, or set expiration dates for any coupon or promotional code at our sole discretion. These offers cannot be applied to previous purchases.

Choice of Law and Forum of Dispute

If you are in Canada: you agree that all actions or proceedings arising out of, in connection with, or otherwise concerning these Terms shall be governed and constructed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably and unconditionally waive any objection to venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any court that any action or proceeding brought in such court has been brought in an inconvenient forum.

Force Majeure

You agree that we are not liable for any obligations or responsibilities that may otherwise apply if they are impacted by events beyond our control. This includes, but is not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal or communication disruptions, unavailability of Payment Processors, infrastructure failures, material shortages, or any other unforeseen circumstances. In the event of inclement weather or other disruptions affecting order delivery, we will make every reasonable effort to fulfill orders as soon as possible.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and either removed or limited to the extent necessary. The rest of the Terms, including any modified portions, will continue to remain in full force and effect.

Non-Waiver

Vykon Inc. retains all rights granted under these Terms and any applicable laws. Our decision not to enforce any specific provision of these Terms or applicable laws does not waive our right to enforce that provision in the future, under the same or different circumstances. Additionally, no course of conduct or trade practice will be deemed to modify these Terms.

Account Termination and Cancellation

We reserve the right to terminate your Account, access to the Platform, or our Services at any time and for any reason, at our sole discretion, with or without prior notice or explanation. While we may choose to provide notice or clarification, we are not obligated to do so. If you have made a direct purchase from us, our liability for any refund will be limited to the amount paid for goods or services that have not yet been and will not be delivered. However, if the termination or cancellation results from your breach of these Terms, we reserve the right to offset any reasonable assessment of potential damages attributed to your breach against any sums owed to you.

We are not liable for any losses resulting from the actions of other users, including in cases of account termination or service cancellation. If your access to the Platform or Services is terminated, you agree not to attempt to use them again under any name, whether real or assumed. If you violate this restriction, you agree to indemnify and hold harmless the Restricted Parties from any liability arising from such actions.

Shopify Payments

Our store uses Shopify Payments to securely process transactions. By completing a purchase on our website, you agree to the terms and conditions of Shopify Payments, which is a service provided by Shopify Inc. and its banking partners.

All payment information is encrypted and handled through secure payment gateways. We do not store or have access to your full credit card information.

Shopify Payments may collect and store personal data in accordance with its own privacy policy. For more information, please refer to Shopify’s Privacy Policy and Shopify Payments Terms of Service.

By using our site and completing a transaction, you acknowledge and agree to be bound by the applicable terms provided by Shopify.

Updates to These Terms

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Last updated: March 3, 2025.