Terms of service
Terms of Service
OVERVIEW
This website is operated by VIVA H2. Throughout the site, the terms “we,” “us,” and “our” refer to VIVA H2. VIVA H2 offers this website, including all information, tools, products, content, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any services.
Our store is hosted on Shopify Inc. Shopify provides us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or country of residence.
You may not use our products or Services for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including copyright or intellectual property laws.
You must not transmit viruses, malware, worms, or any destructive code.
A breach or violation of these Terms may result in immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
Any reliance on material from this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or refund only according to our Refund Policy.
We make every effort to display product images and details as accurately as possible. We cannot guarantee that your device’s display of any color or image will be accurate.
We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of any products or Services we offer. Product descriptions and pricing are subject to change at any time without notice.
We do not guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - WELLNESS DISCLAIMER
VIVA H2 products, including the VIVO H2 PRO and related materials, are provided for wellness, educational, and informational purposes only.
We do not guarantee that you will experience any specific health, recovery, energy, longevity, or wellness outcome from using our products or Services.
Any testimonials, studies, examples, or claims presented on this website are provided for informational purposes only and should not be interpreted as medical advice, diagnosis, or treatment.
Our products are not intended to diagnose, treat, cure, or prevent any disease. Always consult your physician or qualified healthcare provider before beginning any new wellness routine, especially if you are pregnant, nursing, taking medication, or being treated for a medical condition.
Your results may vary depending on factors including consistency of use, lifestyle, health status, diet, sleep, exercise, and other circumstances outside our control.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, credit card, billing address, or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.
For more details, please review our Refund Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind.
Any use of optional third-party tools is entirely at your own risk and discretion.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products, or Services available through our Service may include materials from third parties.
Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating third-party content, accuracy, policies, or practices.
Please review third-party policies carefully before engaging in any transaction.
SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us comments, ideas, suggestions, reviews, proposals, or other materials, you agree that we may use, edit, copy, publish, distribute, translate, or otherwise use them in any medium.
We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.
You agree that your comments will not violate the rights of any third party or contain unlawful, abusive, obscene, or malicious material.
You are solely responsible for any comments you make and their accuracy.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site that contains errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You are prohibited from using the site or its content for:
(a) any unlawful purpose;
(b) soliciting others to perform unlawful acts;
(c) violating laws or regulations;
(d) infringing intellectual property rights;
(e) harassment, abuse, defamation, or discrimination;
(f) submitting false or misleading information;
(g) uploading malicious code;
(h) collecting personal information of others;
(i) spam, scraping, or unauthorized automation;
(j) obscene or immoral purposes; or
(k) interfering with the security of the Service.
We reserve the right to terminate your use of the Service for violating any prohibited use.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
You agree that your use of the Service is at your sole risk. The Service and all products delivered through the Service are provided “as is” and “as available,” except as expressly stated by us.
In no case shall VIVA H2, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Because some jurisdictions do not allow limitations of liability for consequential damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VIVA H2 and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or violation of any law or third-party rights.
SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the unenforceable portion shall be severed, and the remaining provisions shall remain valid and enforceable.
SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
If we believe you have violated these Terms, we may terminate this agreement immediately without notice and deny you access to our Services.
SECTION 18 - ENTIRE AGREEMENT
These Terms and any policies posted by us on this site constitute the entire agreement between you and VIVA H2.
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 20 - DISPUTE RESOLUTION AND MANDATORY ARBITRATION
To the fullest extent permitted by law, any dispute arising from these Terms, our website, products, Services, or communications shall first be attempted to be resolved informally.
Before filing a claim, you agree to contact us at support@vivah2.com with your name, order details if applicable, a description of the dispute, and the relief requested.
If the dispute cannot be resolved informally, disputes may be resolved through binding arbitration where permitted by applicable law.
You and VIVA H2 agree to bring claims only on an individual basis and not as part of a class, collective, consolidated, private attorney general, or representative action, where permitted by law.
Nothing in this section prevents either party from bringing an individual claim in small claims court if eligible.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website.
Your continued use of the website or Service following any changes constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: