Terms of service

Welcome to Swykton! The terms "we", "our" and "us" refer to Swykton. Swykton operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the "Services"). Swykton uses the Shopify platform, which allows us to provide the Services to you.

The terms and conditions below, together with the policies referenced in them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment and delivery details. You represent and warrant that all information you provide in our stores is accurate, up to date and complete, and that you have all the rights necessary to share that information.

You are solely responsible for the security of your account credentials and for any activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to present our products and services accurately in our online stores. Please note, however, that the colours or appearance of products may differ from what is displayed on your screen, depending on the type of device you use to access the store and on its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or will be identical to what is presented or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Swykton reserves the right to accept or decline your order, for any reason, at its discretion. Your order is only deemed accepted once Swykton has confirmed it in writing. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as Swykton may not be able to accept cancellation requests once an order has been confirmed. If your order is declined, changed or cancelled, we will attempt to contact you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, the prices displayed do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our physical shops or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is true, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) the charges incurred will be honoured by your card issuer; and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times quoted are estimates and are not guaranteed. We accept no liability for delays caused by carriers, customs clearance or any event beyond our control. Once the products have been handed over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are the exclusive property of Swykton, its affiliates or its licensors. They are protected by United States and international patent, copyright and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a licence or any other right in or to any patent, trademark, copyright or other intellectual property of Swykton, Shopify or any third party. Any unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Swykton.

The Swykton name, logos, product and service names, designs and slogans are trademarks of Swykton, its affiliates or its licensors. You may not use them without the prior written permission of Swykton. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement on our part. We accept no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall be deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We accept no liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those sites. We encourage you to review third parties' policies and practices carefully and to make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Swykton is powered by Shopify, which allows us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Swykton. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Swykton, including any damage, harm or loss arising from the products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or relating to your purchase and transaction with Swykton.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available on our website, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide you with the services. Please refer to our Privacy Policy on our website for further details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable, non-exclusive licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not, and shall not be, under any obligation (1) to keep your Feedback confidential; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party right, including copyright, trademark, data protection, personality or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, or any computer virus or malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or by any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, the Services may contain information that includes typographical errors, inaccuracies or omissions, including in relation to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in breach of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of Swykton, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate, or attempt to impersonate, any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Swykton, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use any robot, spider, scraper, data mining or data extraction tool, automated device, AI tool (including agentic AI) or any other automated or manual means to access the Services; (f) interfere with, circumvent or disable any security or authorisation features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any provision of these Terms.

SECTION 14 - AGENTS

14.1 This section (the "Agent Terms") applies if you use, authorise, enable or cause an Agent to be deployed to access, use or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the terms set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that the access, use or interactions originate from an Agent, including by (a) mimicking human behaviour or interaction patterns, or (b) circumventing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or evade any measure designed to block, limit, modify or control Agents' access to, use of or interactions with the Services.

SECTION 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part of them), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY SWYKTON, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWYKTON, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS OR CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Swykton, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to any third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that any failure to notify you promptly shall not relieve you of your obligations unless you are materially prejudiced by it. We may assume the defence and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defence of claims covered by this indemnity, including by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorised assignment shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service, and any separate agreement under which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Swykton has its registered office. You and Swykton expressly consent to the territorial and personal jurisdiction of those courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and shall not affect or limit the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at contact@swykton.com.

Our contact details are set out below:

Swykton
contact@swykton.com
1309 Coffeen Avenue, STE 1200
Sheridan, Wyoming 82801, United States