TAILEVA TERMS OF SERVICE

Effective Date: December 7, 2025

IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING OUR WEBSITE OR SERVICES, YOU AGREE TO WAIVE YOUR RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION. PLEASE READ SECTION 20 CAREFULLY. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 60 DAYS AS DESCRIBED IN SECTION 20.10.

 

 

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("you," "your," or "Customer") and Taileva ("Taileva," "we," "us," or "our") governing your access to and use of the Taileva website located at www.taileva.com (the "Website"), our mobile applications ("Apps"), and all related services, content, features, and functionality (collectively, the "Services").

By accessing, browsing, or using the Services, creating an account, making a purchase, or clicking "I Agree" or similar buttons, you acknowledge that you have read, understood, and agree to be bound by these Terms and all documents incorporated by reference, including our Privacy Policy, Shipping and Returns Policy, and any other policies posted on the Website.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1.1 Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, without prior notice. Changes will be effective immediately upon posting to the Website unless otherwise specified. Material changes to the dispute resolution provisions in Section 20 will not apply to disputes for which the parties had actual notice before the change was posted.

Your continued use of the Services after any modifications constitutes your binding acceptance of the modified Terms. It is your responsibility to review these Terms periodically. We may, at our discretion, notify you of material changes via email or through a notice on the Website, but we are not obligated to do so.

The current version of these Terms will always be available at www.taileva.com/terms. The "Effective Date" at the top of this document indicates when these Terms were last updated.

2. Eligibility and Account Registration

2.1 Age and Capacity Requirements

By using the Services, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater)

• You have the legal capacity to enter into a binding contract

• You are not prohibited from using the Services under any applicable laws

• All information you provide to us is truthful, accurate, current, and complete

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

• Notify us immediately of any unauthorized use of your account

• Ensure that you log out from your account at the end of each session

• Accept sole responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used in violation of these Terms.

3. Permitted Use and Restrictions

3.1 License Grant

Subject to your compliance with these Terms, Taileva grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes.

3.2 Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission

• Engage in web scraping, data mining, harvesting, or automated data collection from the Services

• Attempt to gain unauthorized access to any part of the Services, other users' accounts, or computer systems connected to the Services

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Upload or transmit viruses, malware, or any other malicious code

• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

• Use the Services to transmit unsolicited advertising, spam, or promotional materials

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services

• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

• Use the Services in any manner that could damage, disable, overburden, or impair the Services

• Purchase products for resale or commercial purposes without our express written authorization

Violation of these restrictions may result in immediate termination of your access to the Services and may subject you to civil and criminal liability.

4. Intellectual Property Rights

4.1 Taileva Intellectual Property

The Services and all content, features, and functionality, including but not limited to all text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, trademarks, service marks, trade dress, designs, and the compilation and arrangement thereof (collectively, "Content"), are owned by Taileva, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

TAILEVA®, the Taileva logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Taileva or its affiliates or licensors. You may not use such marks without our prior written permission. Other names, logos, and brands are the property of their respective owners.

4.2 User-Generated Content

You may have the opportunity to submit, post, or transmit content, including reviews, comments, photos, videos, testimonials, feedback, suggestions, ideas, or other materials (collectively, "User Content"). By submitting User Content, you:

• Represent and warrant that you own or have all necessary rights to the User Content and that it does not violate any third-party rights or applicable laws

• Grant Taileva a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the User Content in any media now known or hereafter developed

• Waive any moral rights you may have in the User Content

• Consent to our use of your name, likeness, city, and state in connection with the User Content

• Acknowledge that we have no obligation to maintain, return, or provide copies of User Content

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion without notice or liability.

4.3 Copyright Infringement - DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that content on the Services infringes your copyright, please notify our Copyright Agent:

Copyright Agent

Taileva

[Your Business Address]

Email: legal@taileva.com

Your notice must comply with the Digital Millennium Copyright Act (DMCA) requirements and include: (1) identification of the copyrighted work; (2) identification of the infringing material; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your physical or electronic signature.

5. Products, Pricing, and Orders

5.1 Product Descriptions

We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions, images, specifications, pricing, or other content on the Services are accurate, complete, reliable, current, or error-free. Product packaging and materials may contain different information than shown on the Website. We recommend that you do not rely solely on the information presented on the Website.

We reserve the right to:

• Modify product descriptions, formulations, specifications, and packaging at any time without notice

• Discontinue any product at any time without notice or liability

• Correct errors, inaccuracies, or omissions at any time, even after an order has been submitted

• Limit quantities available for purchase

5.2 Pricing and Availability

All prices are in U.S. Dollars (USD), Canadian Dollars (CAD), British Pounds (GBP), Euros (EUR), Australian Dollars (AUD), or New Zealand Dollars (NZD) as applicable and are subject to change without notice. We reserve the right to modify pricing at any time for any reason in our sole discretion.

Prices do not include applicable taxes, duties, shipping, or handling charges unless otherwise stated. You are responsible for all applicable taxes and charges. We reserve the right to add or adjust shipping fees at any time.

We cannot guarantee that products will be available. All orders are subject to product availability. If a product becomes unavailable after you place an order, we will notify you and may offer a substitution or refund.

5.3 Order Acceptance and Cancellation

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject any order for any reason, including but not limited to:

• Product unavailability

• Pricing or product description errors

• Suspected fraud or unauthorized transactions

• Restrictions or limitations on quantities available for purchase

• Suspected resale or commercial use

• Your location or shipping address

• Your order history or account status

We may require additional verification or information before accepting any order. If we reject or cancel your order, we will notify you and will not charge your payment method or will issue a refund if your payment method has already been charged.

5.4 Resale Prohibition

All products are for personal use only. You expressly agree not to:

• Resell, redistribute, or transfer Taileva products

• Purchase products for commercial purposes

• List Taileva products on third-party marketplaces (Amazon, eBay, etc.) without written authorization

• Purchase products in bulk quantities for resale

Unauthorized resale violates these Terms and constitutes trademark infringement and unfair competition. We reserve all rights to pursue legal remedies against unauthorized resellers, including injunctive relief and monetary damages. Any attempt to resell products will void all warranties and constitute a material breach of these Terms.

We may, in our sole discretion, limit order quantities, reject orders, or cancel orders we suspect are for resale purposes. If you wish to become an authorized reseller, contact us at wholesale@taileva.com.

5.5 Promotional Codes and Discounts

Promotional codes, coupons, and discounts:

• Have no cash value and are not transferable

• Cannot be combined with other offers unless explicitly stated

• Are limited to one per customer, household, or billing address

• Are valid only for in-stock items and while supplies last

• May be modified or canceled at any time without notice

• Are not valid on previous purchases unless explicitly stated

6. Subscription Services

6.1 Subscription Terms

Certain products may be available through our subscription service ("Subscription"). By enrolling in a Subscription, you authorize us to charge your payment method automatically on a recurring basis according to the frequency you select (weekly, monthly, every 30/60/90 days, etc.) until you cancel.

BY ENROLLING IN A SUBSCRIPTION, YOU AUTHORIZE AUTOMATIC RECURRING CHARGES TO YOUR PAYMENT METHOD. YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL YOU CANCEL.

6.2 Subscription Billing

Subscription charges will be processed:

• On the date you initially subscribe

• On each subsequent renewal date according to your selected frequency

• Prior to shipment of subscription orders

If your payment method fails, you authorize us to:

• Retry charging your payment method for up to 30 days

• Contact you via email, phone (including cell phone), or SMS to update payment information

• Suspend or cancel your Subscription if payment cannot be processed

• Send your unpaid balance to collections and charge you collection costs and legal fees

6.3 Subscription Price Changes

We reserve the right to modify subscription pricing at any time. For active subscriptions, we will provide at least 30 days' advance notice of price increases via email or through your account. You may cancel your subscription before the price increase takes effect. Continued use of the subscription service after the effective date of the price change constitutes acceptance of the new price.

6.4 Cancellation

You may cancel your Subscription at any time by:

• Logging into your account and selecting the cancellation option

• Emailing support@taileva.com with your order number

• Calling 1-800-TAILEVA

Cancellations must be made at least 48 hours before your next scheduled billing date to avoid being charged for the next shipment. We are not responsible for cancellations received after this deadline. Cancellation will be effective at the end of your current billing period, and you will not receive a refund for any charges already processed.

We reserve the right to suspend or terminate your Subscription at any time for any reason, including but not limited to: breach of these Terms, suspected fraud, failure to pay, or misuse of the subscription service.

7. Payment Terms

7.1 Payment Methods

We accept payment via credit card, debit card, and other payment methods displayed at checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method

• You authorize us to charge your payment method for all purchases

• The payment information is accurate and current

Payment processing is handled by third-party payment processors (Stripe, PayPal, Shopify Payments, or others). Your payment information is subject to their privacy policies and terms of service. We do not store complete credit card information on our servers.

7.2 Authorization and Charges

When you place an order, we may obtain authorization from your payment method issuer. We will charge your payment method when we ship your order or, for digital products or subscriptions, at the time of purchase. You agree to pay all charges incurred by you or on your behalf through the Services, including all applicable taxes and fees.

7.3 Declined Payments

If your payment method is declined, we reserve the right to:

• Cancel or suspend your order

• Contact you to arrange alternative payment

• Place a hold on your account until payment is received

• Pursue collection of amounts owed

8. Shipping and Delivery

Shipping and delivery terms are governed by our Shipping and Returns Policy, which is incorporated into these Terms by reference. Key provisions include:

• Shipping fees are determined at checkout and are non-refundable unless we made an error

• Delivery timeframes are estimates only and are not guaranteed

• Risk of loss and title pass to you upon our delivery to the carrier

• We are not liable for delays caused by carriers, customs, weather, or other events beyond our control

• We reserve the right to refuse delivery to certain addresses or regions

• International orders may be subject to customs duties, taxes, and fees which are your responsibility

You must inspect packages upon delivery and report any damage or shortages within 48 hours. Claims for lost, stolen, or damaged packages must be filed with the carrier.

9. Returns and Refunds

Our return and refund policy is set forth in our Shipping and Returns Policy, incorporated by reference. Key provisions:

• Returns are accepted only within the timeframe specified in our Returns Policy

• Products must be unopened, unused, and in original packaging unless defective

• You are responsible for return shipping costs unless the return is due to our error

• Refunds are processed to the original payment method and may take 5-10 business days

• We reserve the right to reject returns that do not meet our return criteria

• Certain products may be non-returnable for safety or hygiene reasons

All returns are subject to inspection and approval. We reserve the right to refuse refunds for products that show signs of use, damage, or tampering.

10. Product Information and Health Disclaimers

10.1 Not Medical Advice

THE INFORMATION PROVIDED ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR VETERINARIAN OR OTHER QUALIFIED ANIMAL HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PET'S HEALTH.

10.2 FDA Disclaimer

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. TAILEVA PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.

10.3 Individual Results May Vary

Testimonials, reviews, and before-and-after photos represent individual experiences and results. They are not guarantees that you or your pet will achieve the same or similar results. Individual results will vary based on many factors including your pet's age, breed, size, health condition, diet, and other variables.

10.4 Consult Your Veterinarian

You should consult your veterinarian before:

• Starting any new supplement regimen for your pet

• Using our products on pets with existing health conditions

• Using our products in combination with medications or other supplements

• Using our products on pregnant, nursing, or breeding animals

Discontinue use immediately and consult your veterinarian if your pet experiences any adverse reactions or side effects.

10.5 Product Safety

While we take reasonable precautions to ensure product safety and quality:

• We do not guarantee that products will be free from contamination or defects

• We are not liable for allergic reactions or sensitivities to product ingredients

• You are responsible for reviewing ingredient lists before use

• Products are intended for the species specified (dogs or cats); do not use on other animals

 

11. Warranties and Disclaimers

11.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TAILEVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, "TAILEVA PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY

• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE

• WARRANTIES OF TITLE OR NON-INFRINGEMENT

• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

• WARRANTIES THAT DEFECTS WILL BE CORRECTED

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

• WARRANTIES REGARDING PRODUCT SAFETY, EFFICACY, OR RESULTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAILEVA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11.2 No Guarantee of Results

TAILEVA DOES NOT WARRANT OR GUARANTEE THAT OUR PRODUCTS WILL PROVIDE ANY PARTICULAR BENEFITS TO YOUR PET OR ACHIEVE ANY SPECIFIC RESULTS. YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

11.3 Third-Party Content

We are not responsible for any third-party content, links, or services accessed through the Services. We do not endorse or assume responsibility for any third-party websites, products, services, or content.

11.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TAILEVA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• LOSS OF PROFITS, REVENUE, OR BUSINESS

• LOSS OF DATA OR INFORMATION

• BUSINESS INTERRUPTION

• LOSS OF GOODWILL OR REPUTATION

• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

• VETERINARY EXPENSES OR MEDICAL COSTS

• INJURY, ILLNESS, OR DEATH OF YOUR PET

• EMOTIONAL DISTRESS OR MENTAL ANGUISH

• ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF TAILEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE TAILEVA PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE LESSER OF:

• ONE THOUSAND U.S. DOLLARS ($1,000.00 USD) OR EQUIVALENT IN YOUR LOCAL CURRENCY; OR

• THE TOTAL AMOUNT YOU PAID TO TAILEVA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER TAILEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Essential Purpose

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TAILEVA, AND THAT TAILEVA WOULD NOT PROVIDE THE SERVICES OR PRODUCTS WITHOUT THESE LIMITATIONS.

12.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Taileva Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and costs) arising from or related to:

• Your use or misuse of the Services or Products

• Your breach of these Terms or any applicable law or regulation

• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

• Any User Content you submit or transmit through the Services

• Any unauthorized resale or commercial use of Products

• Your negligence or willful misconduct

• Any injury, illness, or death of your pet alleged to be caused by our Products

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of these Terms and your use of the Services.

14. Third-Party Services and Links

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Taileva. We are not responsible for:

• The content, privacy policies, or practices of any third-party websites or services

• Any damage or loss caused by your use of or reliance on third-party content

• Transactions between you and third parties

Your use of third-party websites or services is at your own risk and subject to their terms and conditions. We do not endorse, warrant, or guarantee third-party products or services. We encourage you to review the terms and privacy policies of any third-party websites or services you visit.

14.1 Social Media

Our presence on social media platforms (Facebook, Instagram, TikTok, etc.) is governed by the terms and privacy policies of those platforms. We are not responsible for content posted by third parties on our social media pages. Comments and opinions expressed on social media do not reflect the views of Taileva.

15. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at www.taileva.com/privacy. The Privacy Policy is incorporated into these Terms by reference.

By using the Services, you consent to our Privacy Policy and agree to our collection, use, and disclosure of your information as described therein. If you do not agree with our Privacy Policy, you must not use the Services.

 

16. Electronic Communications and SMS

16.1 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, notices, agreements, and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16.2 SMS/Text Messages

By providing your mobile phone number, you expressly consent to receive SMS/text messages from Taileva regarding:

• Order confirmations and updates

• Shipping notifications

• Customer service communications

• Marketing and promotional offers (if you opt in)

• Account notifications and security alerts

Messages may be sent using an automatic telephone dialing system (ATDS). Your consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. To opt out of marketing messages, reply STOP to any message. For help, reply HELP or email support@taileva.com.

We reserve the right to change phone numbers or short codes used to send messages and will notify you of such changes. We are not liable for delayed, failed, or undelivered messages. If you change your phone number, you are responsible for updating your account information or opting out from the old number.

17. Term, Termination, and Suspension

17.1 Term

These Terms commence when you first access or use the Services and continue until terminated by either you or Taileva.

17.2 Termination by You

You may terminate these Terms at any time by:

• Closing your account

• Ceasing all use of the Services

• Notifying us in writing of your intent to terminate

Termination does not relieve you of obligations incurred before termination, including payment obligations.

17.3 Termination and Suspension by Taileva

We may, in our sole discretion, immediately suspend or terminate your access to the Services, with or without notice, for any reason or no reason, including but not limited to:

• Breach of these Terms

• Violation of applicable laws

• Suspected fraud or unauthorized activity

• Failure to pay amounts owed

• Abusive, threatening, or harassing conduct toward Taileva or its employees

• Excessive returns or refund requests

• Resale or unauthorized commercial use of Products

• Any conduct we determine to be harmful to Taileva, our customers, or third parties

We are not required to provide notice before suspending or terminating your access, and we will not be liable for any consequences of suspension or termination.

17.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases

• You remain liable for all obligations incurred before termination

• Provisions of these Terms that by their nature should survive will survive, including Sections 4, 11, 12, 13, 18, 19, 20, 21, 23, and 24

• We may delete your account and all associated data

18. Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Notwithstanding the foregoing, where you reside in a jurisdiction that mandates the application of local law (such as the EU, UK, Canada, Australia, or New Zealand), the mandatory consumer protection laws of your jurisdiction shall apply to the extent they provide greater protections than these Terms, but only to the extent required by law.

19. Jurisdiction-Specific Provisions

The following provisions apply to residents of specific jurisdictions in addition to all other terms:

19.1 European Union and United Kingdom

If you are a consumer located in the EU or UK:

• You have a 14-day cooling-off period to cancel your purchase without giving a reason, subject to exceptions for perishable goods and personalized items

• Products must conform to their description and be of satisfactory quality

• Certain warranty disclaimers and liability limitations in these Terms may not apply to you

• You may file complaints with your local consumer protection authority

• The European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr

19.2 Canada

If you are a resident of Canada:

• These Terms are subject to Canadian consumer protection laws, which may limit certain provisions

• Quebec residents have specific rights under Quebec's Consumer Protection Act

• Arbitration provisions may not be enforceable against Quebec residents

19.3 Australia

If you are a resident of Australia:

• Our products come with guarantees that cannot be excluded under Australian Consumer Law

• You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage

• You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality

• Certain warranty disclaimers and liability limitations may not apply

19.4 New Zealand

If you are a resident of New Zealand:

• You have rights under the Consumer Guarantees Act 1993 that cannot be excluded

• Products must be of acceptable quality, fit for purpose, and match their description

• Certain warranty disclaimers and liability limitations may not apply

19.5 United States - State-Specific Rights

If you are a resident of California, you have specific rights under the California Consumer Privacy Act and California Civil Code. California residents may request information about our disclosures to third parties for direct marketing purposes.

Residents of other U.S. states may have additional rights under state consumer protection laws. Nothing in these Terms limits rights that cannot be waived under applicable state law.

 

20. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT ALSO REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

20.1 Agreement to Arbitrate

Except as provided in Section 20.9 (Exceptions to Arbitration), you and Taileva agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, "Disputes"), will be resolved through final and binding individual arbitration rather than in court.

BY AGREEING TO ARBITRATION, YOU AND TAILEVA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

20.2 Informal Dispute Resolution

Before initiating arbitration, you and Taileva agree to first attempt to resolve any Dispute informally for at least 60 days (the "Informal Resolution Period"). The Informal Resolution Period begins when one party notifies the other of the Dispute in writing.

To notify Taileva of a Dispute, send written notice to:

Legal Department

Taileva

[Your Business Address]

Email: legal@taileva.com

Your written notice must: (1) describe the nature and basis of the Dispute; (2) set forth the specific relief sought; (3) include your name, address, email, and phone number; and (4) include copies of relevant documentation.

If we have a Dispute with you, we will send written notice to the email address or mailing address associated with your account. During the Informal Resolution Period, both parties agree to negotiate in good faith to resolve the Dispute.

20.3 Arbitration Rules and Forum

If the Dispute is not resolved during the Informal Resolution Period, the Dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted by a single, neutral arbitrator. The arbitrator will be bound by these Terms and must follow applicable law. The arbitrator may award any relief that a court could award, including attorneys' fees when authorized by law.

20.4 Arbitration Location

For claims of $10,000 or less, the arbitration may be conducted: (1) based solely on written submissions; (2) by telephone or video conference; or (3) in person in your county of residence or another mutually agreeable location.

For claims exceeding $10,000, the arbitration hearing will take place in your county of residence, unless both parties agree to a different location or agree to a telephonic or video conference arbitration.

20.5 Arbitration Fees

Payment of arbitration fees will be governed by the AAA Rules. For claims under $75,000, Taileva will pay all arbitration filing fees and AAA administrative fees. For claims of $75,000 or more, fees will be allocated according to the AAA Rules.

Each party will be responsible for its own attorneys' fees, expert fees, and other costs, unless the arbitrator awards attorneys' fees or costs to the prevailing party as permitted by law or these Terms.

If the arbitrator finds that any claim or defense is frivolous or brought for an improper purpose, the arbitrator may award attorneys' fees and costs to the other party.

20.6 Class Action Waiver

YOU AND TAILEVA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

If a court decides that applicable law precludes enforcement of any of this Section 20.6's limitations as to a particular claim or request for relief, then that claim or request for relief must be severed from the arbitration and may be brought in court, subject to your and Taileva's right to appeal the court's decision. All other Disputes will be arbitrated.

20.7 Time Limit for Claims

You and Taileva agree that any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the claim arose or when it reasonably should have been discovered. This one-year period includes the 60-day Informal Resolution Period. Claims not filed within this time period are permanently barred.

20.8 Governing Law for Arbitration

This arbitration agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator will not be bound by federal or state rules of civil procedure or evidence.

20.9 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, you and Taileva both retain the right to:

• Pursue claims in small claims court if the claims qualify and remain in small claims court

• Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement or misappropriation of intellectual property rights

• File a complaint with the Federal Trade Commission, your state attorney general, or other applicable regulatory agencies

For any claim that is not arbitrated, you and Taileva consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and waive any objection to such jurisdiction and venue.

20.10 Opt-Out of Arbitration

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 60 DAYS OF FIRST ACCEPTING THESE TERMS.

To opt out, you must send written notice to:

Arbitration Opt-Out

Taileva Legal Department

[Your Business Address]

Email: arbitration-optout@taileva.com

Your opt-out notice must include: (1) your full name; (2) your address; (3) your email address; (4) your phone number; (5) the date you first accepted these Terms; and (6) a clear statement that you wish to opt out of the arbitration agreement.

If you validly opt out, neither you nor Taileva will be required to arbitrate Disputes under this Section 20. If you opt out, all other terms of these Terms will continue to apply. Opting out of arbitration does not affect any other terms or provisions in these Terms.

20.11 Severability and Survival

If any portion of this Section 20 is found to be unenforceable or unlawful, the remainder of this Section 20 and these Terms will remain in full force and effect to the maximum extent permitted by law.

However, if the Class Action Waiver in Section 20.6 is found to be unenforceable with respect to any Dispute, then this entire Section 20 will be null and void with respect to that Dispute, and the Dispute must be brought exclusively in the courts described in Section 20.9.

This arbitration agreement will survive the termination of your relationship with Taileva.

20.12 Changes to Arbitration Terms

Notwithstanding Section 1.1, if Taileva makes any material changes to this Section 20 (other than a change to the notice address), you may reject the change by sending written notice to legal@taileva.com within 30 days of the change. Rejection of a material change to this Section 20 will not affect your obligation to arbitrate any Disputes that arose before the change.

20.13 Jurisdictional Exceptions

This arbitration agreement may not be enforceable against residents of certain jurisdictions, including Quebec (Canada), the European Union, and the United Kingdom. If you reside in a jurisdiction where arbitration agreements are not enforceable, Section 21 (Jurisdiction and Venue) will apply instead of this Section 20.

21. Jurisdiction and Venue (For Non-Arbitrable Disputes)

For any Dispute not subject to arbitration under Section 20, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware, United States. You waive any objection to jurisdiction and venue in these courts and agree not to claim that such courts are an inconvenient forum.

If you reside in the EU, UK, Canada, Australia, or New Zealand, you may have the right to bring claims in the courts of your country of residence, subject to applicable law.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy, Shipping and Returns Policy, and any other policies incorporated by reference, constitute the entire agreement between you and Taileva regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties.

22.3 Waiver

No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

22.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

22.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

22.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

22.7 Notices

All notices to Taileva must be in writing and sent to:

Legal Department

Taileva

[Your Business Address]

Email: legal@taileva.com

We may provide notices to you via email, postal mail, or postings on the Services. Notices by email will be deemed received 24 hours after sending to the email address you provided.

22.8 Interpretation

The headings in these Terms are for convenience only and do not affect their interpretation. Unless the context requires otherwise, words in the singular include the plural and vice versa. "Including" means "including without limitation." Any ambiguity in these Terms will not be construed against the drafter.

22.9 Relationship of Parties

You and Taileva are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Taileva.

22.10 Language

These Terms were originally written in English. If these Terms are translated into another language, the English version will prevail in the event of any inconsistency or dispute.

23. Contact Information

If you have questions, concerns, or complaints about these Terms or the Services, please contact us:

Customer Service:

Email: support@taileva.com

Phone: 1-800-TAILEVA

Hours: Monday-Friday, 9:00 AM - 6:00 PM ET

Legal Department:

Email: legal@taileva.com

Mail: Taileva Legal Department

[Your Business Address]

Company Information:

Taileva

[Your Business Address]

Website: www.taileva.com

ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

END OF TERMS OF SERVICE