Terms of service
Effective date: October 13, 2026
Preamble
These Terms of Service (the "Terms") constitute a binding agreement between DSZ Ecom LLC, a Wyoming limited liability company having its registered office at 30 N Gould St Ste N, Sheridan, WY 82801, United States, trading as Pluvia (the "Seller", "we", "us" or "our"), and the person accessing the Services or placing an order (the "Customer" or "you").
"Services" means this website, the store operated upon it, and the content, features, tools and products made available through them. "Products" means the goods offered for sale by the Seller through the Services. "Business Day" means a day other than a Saturday, a Sunday or a public holiday in the United States. The store is operated upon the Shopify platform.
These Terms, together with the policies incorporated by reference herein, govern the Customer's use of the Services and the purchase of Products. The Customer is advised to read them, and in particular clauses 20, 21 and 24, which limit the Seller's liability and prescribe the manner in which disputes are to be resolved.
NOTICE REQUIRED TO BE READ BEFORE ORDERING. CLAUSE 24 PROVIDES THAT DISPUTES BETWEEN THE PARTIES ARE TO BE DETERMINED BY AN ARBITRATOR, ON AN INDIVIDUAL BASIS, AND NOT BY A COURT OR A JURY, AND THAT NEITHER PARTY MAY PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. THE CUSTOMER MAY REJECT CLAUSE 24 IN ITS ENTIRETY BY WRITTEN NOTICE GIVEN BY EMAIL WITHIN THIRTY (30) DAYS, WITHOUT COST AND WITHOUT AFFECTING ANY OTHER PROVISION OF THESE TERMS. CLAUSE 24 PRESCRIBES THE MANNER OF GIVING SUCH NOTICE.
By placing an order the Customer accepts these Terms and the Privacy Policy, and the Seller shall require the Customer to signify that acceptance before completing checkout. The version of these Terms applicable to an order is the version published at the time that order was placed. A person who does not accept these Terms should not use the Services.
1. Eligibility and account
1.1 By accepting these Terms the Customer represents that the Customer has attained the age of majority in the Customer's state of residence, and consents to the use of the Services by any minor dependent upon devices which the Customer owns or controls. The Products are not intended for persons under eighteen (18) years of age.
1.2 In order to use the Services the Customer may be required to provide information including an email address and billing, payment and delivery particulars. The Customer represents and warrants that such information is true, current and complete, and that the Customer is entitled to provide it.
1.3 Where an account is created, the Customer is responsible for maintaining the confidentiality of the account credentials and for activity conducted through the account, and shall notify the Seller promptly upon becoming aware of any unauthorized use. An account may not be transferred, sold, assigned or licensed to any other person.
2. The Products
2.1 The Seller supplies a dietary supplement. The Seller has taken reasonable care to represent the Products accurately; however, color and appearance may differ from the representation displayed upon the Customer's device, according to the device employed and its configuration. The Seller does not warrant that the appearance of a Product will correspond to its rendering upon the Services.
2.2 Product descriptions and specifications are subject to alteration without notice. The Seller may discontinue any Product, and may limit the quantities supplied to any person, address, geographic region or jurisdiction, in each case at its discretion and upon a case-by-case basis.
2.3 The ingredients, serving size and directions applicable to a Product are those printed upon the label of that Product.
3. Product information and safety
3.1 Information published upon the Services is general information. It does not constitute medical advice and is not a substitute for advice obtained from a qualified healthcare provider.
3.2 These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
3.3 The Customer shall observe the directions and warnings printed upon the Product label. A person having an ocular or other medical condition, a person taking prescription medication, and a person who is pregnant or nursing should consult a qualified healthcare provider before use.
3.4 The Seller gives no warranty that any particular health outcome will be attained. Outcomes vary according to age, health, genetics and the consistency with which a supplement is taken.
3.5 Upon suspecting an adverse reaction the Customer should discontinue use and obtain appropriate medical advice. A product-safety concern may be reported to hello@trypluvia.com or to the United States contact particulars printed upon the label, stating the Product name and, where available, the lot number. An order number is not required in order to report a product-safety concern, and the making of such a report is without prejudice to any refund to which the Customer is entitled.
4. Orders and acceptance
4.1 The placing of an order constitutes an offer to purchase. An order confirmation acknowledges receipt of that offer and states the order number and the items ordered.
4.2 The Seller accepts an order upon the issue of a shipping confirmation, which is issued upon the parcel being tendered to the carrier. The generation of a shipping label does not constitute dispatch, and no contract of sale is concluded before acceptance under this clause.
4.3 Prior to acceptance the Seller may decline an order by reason of unavailability of stock, a material error in pricing or in a Product description, reasonably suspected payment fraud, or a breach of clause 8. The Seller may additionally require further information before processing an order.
4.4 Where the Seller declines, varies or cancels an order, the Seller shall endeavor to notify the Customer at the email address, billing address or telephone number provided with that order, shall state the reason, and shall promptly refund any payment collected.
4.5 The Seller shall not charge a higher price, nor substitute a materially different Product, without the Customer's agreement.
4.6 Following dispatch the Seller is unable to warrant that an order can be recalled, and the order shall thereafter be governed by the Refund Policy.
4.7 Nothing in this clause 4 derogates from the Customer's rights under applicable law, nor from the Seller's obligations in respect of delayed dispatch, cancellation and refund.
5. Prices, payment and billing
5.1 Prices are stated in United States dollars. The price displayed for each Product or pack is inclusive of standard shipping, handling, applicable sales tax, and any duties or customs charges that may apply. No shipping minimum applies and no further mandatory charge is added at checkout or upon delivery. Any tax so included may be itemized in the order summary for the purposes of transparency, and such itemization shall not increase the amount payable.
5.2 The price applicable to an order is the price in effect at the time the order is placed, as stated in the order confirmation. A variation in price applies only to orders placed after the variation takes effect.
5.3 Prices, discounts and promotions are subject to variation at any time. A promotion may be governed by separate terms; in the event of inconsistency, those terms shall prevail in respect of that promotion.
5.4 The Seller is not responsible for pricing, typographical or other errors, and may cancel an order arising from such an error, in which case the Customer shall be refunded in full. The Seller shall not charge the corrected price without the Customer's agreement.
5.5 By submitting payment particulars the Customer represents that the Customer is authorized to use the card or account in question, that the particulars are complete and accurate, and that sufficient funds or credit are available. The Seller does not receive or store the full card number, payment being effected by the Seller's payment processor; the Seller may receive limited particulars such as the card brand and the final four digits.
5.6 The Customer shall maintain current payment and contact particulars so as to enable the Seller to complete transactions and to communicate with the Customer.
5.7 Account updater service. The Seller's payment processor may employ an automatic account updater service by which stored card particulars, including the card number and expiry date, are updated upon the issuer providing revised information. Where particulars are so updated, the Customer authorizes the Seller to charge the updated payment method in respect of sums properly due, including a subscription renewal which has not been cancelled. A Customer who does not wish particulars to be so updated shall remove the stored payment method or cancel the relevant Subscription. The Customer's card issuer may additionally permit the Customer to opt out of its own updating service.
5.8 The Seller is not responsible for fees charged by the Customer's bank or card issuer. Where a bank or card issuer reverses a charge, the Seller may contact the Customer and request payment by an alternative method.
6. Subscriptions and automatic renewal
6.1 Before the Customer subscribes, the Seller shall clearly and conspicuously disclose the Products supplied, the recurring price, the billing frequency, any introductory terms, and the method of cancellation. The Seller shall charge the Customer's payment method only upon the express informed consent of the Customer. Charges recur until the Subscription is cancelled.
6.2 A Subscription may be cancelled online at any time, through the subscription-management link contained in each order confirmation and renewal notice or through the Customer's account. Cancellation takes effect upon submission and terminates all future renewal charges. No notice period is required and no cancellation fee is charged.
6.3 A Subscription may alternatively be cancelled by written notice to hello@trypluvia.com, which takes effect upon receipt by the Seller, notwithstanding that written confirmation may follow. Where a renewal charge is made after cancellation has taken effect, the Seller shall reverse that charge.
6.4 Where a renewal was charged before cancellation took effect, cancellation of the Subscription does not of itself cancel the resulting order; the Customer may request cancellation prior to dispatch, or a return or refund following dispatch, in accordance with the Cancellation Policy and the Refund Policy.
6.5 The Seller shall issue confirmation upon commencement and upon cancellation of a Subscription, a reminder in advance of each renewal, and such further notices as applicable law requires. Before varying a recurring price or another material term, the Seller shall give the advance notice and obtain any consent required by applicable law, and the Customer may cancel before the variation takes effect. The Cancellation Policy contains the full terms.
7. Delivery
7.1 The Seller delivers within the United States only. The delivery territory, charges and periods are prescribed by the Shipping Policy.
7.2 Processing and delivery periods are estimates and are not guaranteed, and may be affected by carriers, customs processing and other circumstances beyond the Seller's reasonable control.
7.3 Risk of loss passes to the Customer upon delivery, and not upon tender of the parcel to the carrier.
7.4 Where the Seller is unable to dispatch within the period stated, the Seller shall notify the Customer, shall state the revised period where known, and shall afford the options of consenting to the delay or cancelling, as required by applicable law. Where the Customer declines or the required consent is not obtained, the Seller shall cancel the affected unshipped order and refund the Customer promptly.
7.5 Carrier confirmation of delivery constitutes evidence of delivery but is not determinative. Where a parcel is recorded as delivered and the Customer states that it has not been received, the Seller shall investigate with the carrier and shall provide a replacement or refund where the investigation supports the Customer's account. The conduct of any carrier claim is the responsibility of the Seller and not of the Customer.
8. Personal use; no resale or export
8.1 The Customer represents and warrants that Products are purchased for the Customer's own personal or household use and not for commercial resale, distribution or export, and undertakes to comply with applicable state and federal law in respect of the Products.
8.2 The Seller may limit or refuse an order which, in its reasonable judgment, appears to be placed by a dealer, reseller or distributor, and may limit quantities per person or per address.
9. Refunds and returns
9.1 The Seller operates a ninety (90) day return policy. The return period, the conditions of eligibility, the procedure for initiating a return, and the treatment of Products which are damaged, defective, incorrect or not delivered are prescribed by the Refund Policy, which is incorporated into and forms part of these Terms.
9.2 The Customer's attention is drawn in particular to the requirement that a Product returned under the Refund Policy be unused, unopened, with its original safety seal intact and in its original packaging. That requirement does not apply to a claim in respect of a Product which is damaged, defective, incorrect or not delivered.
10. Intellectual property
10.1 The material published upon the Services, comprising the text, photographs, illustrations, graphics, video and audio, the brand elements, and the design, selection and arrangement thereof, is owned by the Seller or by its licensors and is protected by copyright, trademark and other intellectual property laws of the United States and of other jurisdictions.
10.2 The Customer is licensed to use the Services for personal, non-commercial purposes only. The Customer may read, share and link to the pages of the Services.
10.3 The Customer shall not, without the Seller's prior written consent, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material published upon the Services.
10.4 Nothing in these Terms operates to grant any license or other right under any patent, trademark, copyright or other intellectual property of the Seller, of Shopify or of any third party. All rights not expressly granted are reserved.
10.5 The Pluvia name and logo, and the Seller's Product names, designs and slogans, are trademarks of the Seller or of its licensors and shall not be used without the Seller's prior written permission. The name, logo and marks of Shopify are the property of Shopify. All other names and marks appearing upon the Services are the property of their respective owners.
11. Third-party tools
11.1 The Customer may be afforded access through the Services to tools provided by third parties, which the Seller neither monitors nor controls. Such tools are provided "as is" and "as available", without warranty, representation or endorsement of any kind, and the Seller shall have no liability arising from their use. The Customer is advised to review the terms upon which such tools are provided.
11.2 Features or tools introduced by the Seller hereafter shall form part of the Services and shall be subject to these Terms.
12. Third-party links
12.1 The Services contain links to, and embedded functionality from, websites operated by third parties, including links to published research. The Seller neither controls nor examines such websites and is not responsible for their content or accuracy. The inclusion of a link does not constitute an endorsement. A complaint concerning a third party's products or services shall be directed to that third party.
13. Relationship with Shopify
13.1 The store is operated upon the Shopify platform. Every sale concluded through the Services is concluded with DSZ Ecom LLC. Shopify is not the seller and is not a party to any order.
13.2 The Customer acknowledges that Shopify is not responsible for any aspect of a sale between the Customer and the Seller, including any injury, damage or loss arising from Products purchased, and releases Shopify and its affiliates from claims arising from the Customer's transactions with the Seller. Nothing in this clause 13 operates to release the Seller from any obligation or liability.
14. Privacy
14.1 Personal information collected through the Services is processed in accordance with the Privacy Policy. Certain personal information is additionally processed by Shopify in accordance with its own privacy policy. Because the Services are hosted by Shopify, information submitted by the Customer is transmitted to Shopify and to service providers which may be situated in other jurisdictions.
15. Feedback
15.1 Where the Customer voluntarily submits suggestions, ideas or comments concerning the Products or the Services ("Feedback"), the Customer grants the Seller a non-exclusive, royalty-free license to use that Feedback, without obligation of payment, confidentiality or attribution.
15.2 The license granted by clause 15.1 does not extend to the Customer's personal information, to private support correspondence, to health information disclosed to the Seller, or to photographs. Such materials are processed in accordance with the Privacy Policy, and the Seller shall obtain separate permission before publishing them or employing them for promotional purposes.
15.3 In submitting Feedback the Customer represents and warrants that the Customer owns it or is entitled to submit it; that it does not infringe the rights of any person and contains no unlawful, abusive or obscene material and no malicious code; that the Customer has disclosed any consideration or incentive received in connection with it; and that the Customer has not misrepresented the Customer's identity.
15.4 The Seller may, but is not obliged to, monitor, edit or remove Feedback which it considers unlawful or otherwise objectionable. The Customer is responsible for the Feedback submitted.
16. Accuracy of information
16.1 The Seller takes reasonable care to ensure the accuracy of the information published upon the Services, including the comparison table, which is verified against published labels. The Customer is invited to notify the Seller of any inaccuracy, and the Seller shall correct it.
16.2 Information published upon the Services is made available for general information purposes and may contain typographical errors, inaccuracies or omissions relating to Product descriptions, pricing, promotions, transit periods or availability. The Seller does not warrant that such information is accurate, complete or current, and may correct errors and update information at any time without prior notice, including after an order has been submitted.
16.3 Where such an error affects an order already placed, clause 4 applies, and the Customer shall be notified and refunded rather than charged a greater sum.
17. Prohibited uses
17.1 The Services may be used for lawful purposes only. The Customer shall not use the Services, directly or indirectly:
- for any unlawful or malicious purpose, or in contravention of any federal, state or local law or regulation;
- to infringe the intellectual property rights of the Seller or of any other person;
- to harass, abuse, insult, harm, defame, disparage or intimidate any person, including the Seller's personnel;
- to transmit false or misleading information, or to misrepresent the nature of the Products;
- to transmit advertising or promotional material, unsolicited bulk communications, chain letters or comparable solicitations;
- to impersonate any person or entity, or to employ a false email address;
- to upload or transmit any virus or other malicious code;
- to reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
- to collect or track the personal information of any other person;
- to phish, pretext, spider, crawl or scrape;
- to circumvent or defeat any security feature of the Services or of any related website; or
- to engage in conduct which restricts the use of the Services by others or exposes the Seller, Shopify or other users to liability.
17.2 The Seller may refuse service, cancel orders, and suspend or terminate access in the event of a breach of this clause 17.
18. Termination
18.1 The Seller may terminate this agreement, or suspend or terminate the Customer's access to the Services in whole or in part, at any time. Sums due as at the date of termination remain payable.
18.2 Termination does not affect an order already accepted by the Seller, nor any refund to which the Customer is entitled.
18.3 The following clauses survive termination: 10 (Intellectual property), 15 (Feedback), 18 (Termination), 20 (Website availability), 21 (Limitation of liability), 22 (Indemnification), 24 (Disputes), 25 (Governing law), 14 (Privacy), and any other provision which by its nature is intended to survive.
19. Electronic communications and notices
19.1 The Customer consents to receive communications from the Seller electronically, by email to the address provided or by publication upon the Services, and agrees that such communications satisfy any legal requirement that a communication be in writing, save that where applicable law prescribes a particular form of notice, consent or delivery, the Seller shall comply with that requirement. The publication of a notice upon the Services does not substitute for an individual notice required by law to be given to the Customer.
19.2 Communications concerning an order are transactional and do not constitute marketing. The Customer may unsubscribe from marketing communications at any time.
19.3 Notice to the Customer is effective upon dispatch of the email or upon publication. Notice to the Seller shall be given to hello@trypluvia.com and is effective upon receipt; notice given in writing to DSZ Ecom LLC, 30 N Gould St Ste N, Sheridan, WY 82801, United States, is effective three (3) Business Days after dispatch.
20. WEBSITE AVAILABILITY AND INFORMATION
20.1 Information published upon the Services is made available for general information purposes. The Seller does not warrant its accuracy, completeness or usefulness, and reliance upon it is at the Customer's risk.
20.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACCESS TO THE SERVICES IS PROVIDED ON AN "AS AVAILABLE" BASIS. THE SELLER DOES NOT WARRANT THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS UPON WHICH THE SERVICES ARE MADE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
20.3 This clause 20 concerns the availability of the website. It does not exclude the Seller's express commitments in respect of the Products, the Refund Policy, or any warranty, remedy or consumer right which may not lawfully be excluded. Certain jurisdictions do not permit particular disclaimers; where that is so, this clause applies only to the extent permitted by the law of the Customer's jurisdiction, and the Customer may have further rights.
21. LIMITATION OF LIABILITY
21.1 SUBJECT TO CLAUSE 21.2, AND ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SELLER AND OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, IN RESPECT OF ORDINARY ECONOMIC LOSS ARISING FROM A PARTICULAR ORDER, SHALL NOT EXCEED THE SUM PAID IN RESPECT OF THAT ORDER. ANY EXCLUSION OF INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR OF LOST PROFITS, REVENUE, SAVINGS OR DATA, APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
21.2 NO LIMITATION CONTAINED IN THESE TERMS APPLIES TO: DEATH OR PERSONAL INJURY; LIABILITY IN RESPECT OF A DEFECTIVE OR UNSAFE PRODUCT; FRAUD, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; THE SELLER'S OBLIGATIONS UNDER THE REFUND POLICY; OR ANY LIABILITY, WARRANTY, STATUTORY REMEDY OR CONSUMER RIGHT WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED. THESE TERMS DO NOT REQUIRE THE CUSTOMER TO WAIVE ANY RIGHT WHICH MAY NOT LAWFULLY BE WAIVED.
21.3 Certain jurisdictions, including New Jersey, do not permit the exclusion or limitation of consequential or incidental damages or the disclaimer of implied warranties. Where the Customer resides in such a jurisdiction, the limitations in this clause 21 apply only to the extent permitted by the law of that jurisdiction.
21.4 A Customer dissatisfied with the Services may discontinue use of them. A Customer dissatisfied with a Product is directed to the Refund Policy, which provides the remedy for that circumstance.
22. Indemnification
22.1 Where the Customer uses the Services in a manner which is deliberately unlawful, including in order to attack the Services, to defraud the Seller, or to infringe the rights of another person, the Customer shall indemnify and hold harmless the Seller, Shopify, and their respective members, officers, employees, agents, contractors and service providers against third-party claims, losses and reasonable attorneys' fees arising from that conduct.
22.2 This clause 22 does not apply to the ordinary use of the Services, nor to the purchase or use of the Products.
22.3 The Seller shall notify the Customer of any claim in respect of which indemnity is sought; a delay in notification does not discharge the Customer save to the extent that the Customer is materially prejudiced thereby. The Seller may conduct the defense and settlement of such a claim at the Customer's expense, provided that the Seller shall not settle any claim so as to impose a non-monetary obligation upon the Customer without the Customer's consent, which shall not be unreasonably withheld. The Customer shall cooperate in the defense.
23. Force majeure
23.1 The Seller shall not be in breach of these Terms, nor liable for any delay or failure in performance, where the cause lies beyond its reasonable control, including act of God, flood, fire, earthquake, explosion, governmental or customs action, war, invasion or hostilities, terrorist threat or act, riot or civil unrest, national emergency, insurrection, epidemic or pandemic, lockout, strike or other labor dispute, restraint or delay affecting carriers, inability to obtain adequate supplies, telecommunications breakdown or power outage.
23.2 An event falling within clause 23.1 does not extinguish the Customer's rights of cancellation or refund, nor relieve the Seller of any notice or delay-consent procedure required by applicable law. Where such an event materially delays an order, the Customer may cancel it and obtain a full refund.
24. Disputes; binding arbitration; class action and jury trial waiver
24.1 THIS CLAUSE 24 AFFECTS THE CUSTOMER'S LEGAL RIGHTS. IT REMOVES THE RIGHT TO BRING PROCEEDINGS IN COURT, THE RIGHT TO TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING, AND SUBSTITUTES INDIVIDUAL ARBITRATION. THE CUSTOMER MAY PRESERVE ALL THREE RIGHTS BY GIVING NOTICE BY EMAIL WITHIN THIRTY (30) DAYS UNDER CLAUSE 24.11. NO COST ATTACHES TO THE GIVING OF SUCH NOTICE, AND THE SELLER SHALL NOT TREAT A CUSTOMER WHO GIVES IT LESS FAVOURABLY IN ANY RESPECT.
24.2 Mandatory informal resolution. Before either party commences arbitration, the party asserting the claim shall serve upon the other a written Notice of Dispute stating: (a) the claimant's full name, mailing address and the email address to which the order is registered; (b) the nature and basis of the claim; and (c) the relief sought, together with a good-faith computation of the sum in dispute. The Customer shall serve such notice upon hello@trypluvia.com; the Seller shall serve such notice upon the email address registered to the order. The parties shall thereafter confer in good faith, by email, telephone or videoconference, for a period of up to sixty (60) days. Any limitation period and any arbitration filing deadline shall be tolled during that period.
24.3 Agreement to arbitrate. Where a dispute is not resolved under clause 24.2, the parties agree that it shall be determined by final and binding individual arbitration and not by a court. The American Arbitration Association ("AAA") shall administer the arbitration under the version of its Consumer Arbitration Rules current at the time, published at www.adr.org. Where the AAA is unavailable or declines to administer, the parties shall agree upon another nationally recognized provider, failing which a court of competent jurisdiction shall appoint one. Where the AAA declines to administer by reason of the Seller's failure to comply with its requirements, the Customer may bring the claim in court and the Seller shall not object.
24.4 Governing arbitration law. This clause 24 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and the parties agree that these Terms evidence a transaction involving interstate commerce. Where that Act does not apply, the arbitration law of the Customer's state of residence shall govern.
24.5 Arbitrability. The arbitrator shall determine threshold questions of arbitrability, including the scope and validity of this clause 24, save that the enforceability of the waiver in clause 24.9 shall be determined by a court and not by the arbitrator.
24.6 Powers of the arbitrator. The arbitrator shall apply the substantive law which a court would apply and may award any remedy available to an individual claimant, including compensatory damages, statutory damages, punitive damages, declaratory and injunctive relief, and attorneys' fees and costs where a statute or contract so provides. The arbitrator shall not award relief upon a class, representative or consolidated basis. Judgment upon the award may be entered in any court of competent jurisdiction.
24.7 Fees and costs. The Seller shall pay the administrative and arbitrator fees allocated to the business by the applicable AAA consumer rules, and shall bear any arbitration fee exceeding the sum which the Customer would pay to file a comparable claim in court. The Customer's filing fee shall not exceed the consumer amount permitted by those rules, and the AAA fee-waiver procedures remain available. Where the arbitrator determines that the Customer is unable to pay the applicable fees and the AAA does not waive them, the Seller shall pay them on the Customer's behalf. Each party shall otherwise bear its own attorneys' fees, save where a statute provides otherwise or where the arbitrator determines that a claim or defense was frivolous or advanced for an improper purpose.
24.8 Procedure. A single neutral arbitrator shall determine the dispute. Unless a party requests a hearing or the arbitrator determines that one is required, the dispute may be determined upon written submissions. Any hearing shall be conducted by telephone or videoconference unless both parties agree otherwise, and these Terms shall not require the Customer to travel to Wyoming. The award binds the parties only and has no preclusive effect in proceedings involving any other person.
24.9 CLASS ACTION WAIVER. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT, CLASS MEMBER OR CLASS REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate the claims of more than one person or to preside over any class or representative proceeding. A claim for public injunctive relief is not waived, and where applicable law preserves such a claim it may be brought in court. Where this clause 24.9 is held unenforceable in respect of a particular claim, that claim alone shall be severed and determined in court, and the remaining claims shall proceed in arbitration. Where this clause 24.9 is held wholly unenforceable, this clause 24 shall be void in its entirety.
24.10 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHERE ANY DISPUTE PROCEEDS IN COURT FOR ANY REASON, EACH PARTY WAIVES THE RIGHT TO TRIAL BY JURY.
24.11 Right to reject this clause. The Customer may reject this clause 24 in its entirety by written notice to hello@trypluvia.com bearing the subject line "Arbitration opt-out" and stating the Customer's name and the email address used, given within thirty (30) days of first accepting these Terms or of placing a first order, whichever occurs earlier. An order number is not required, and notice need not be given by post. One notice operates in respect of one person. The giving of such notice is without cost, does not vary any other provision of these Terms, and shall not affect any order, any guarantee, or the manner in which the Seller deals with the Customer. Where notice is so given, disputes shall be determined by the courts identified in clause 25.
24.12 Amendment of this clause. Where the Seller materially amends this clause 24, the Customer may reject the amendment by written notice given within thirty (30) days of its effective date, in which case the version in force when the Customer first accepted these Terms shall continue to apply to that Customer. The Seller shall not apply an amended dispute-resolution provision retrospectively by publication alone.
24.13 Severability. Where any part of this clause 24 other than clause 24.9 is held unlawful or unenforceable, that part shall be severed and the remainder shall continue in force.
25. Governing law and jurisdiction
25.1 These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules, subject to applicable federal law and to any mandatory consumer protection of the Customer's state of residence.
25.2 In respect of any dispute not subject to arbitration, the parties submit to the jurisdiction of the state and federal courts situated in Wyoming. Nothing in this clause 25 precludes the Customer from bringing a claim in a small claims court, or in any forum which applicable consumer law permits the Customer to use.
26. General
26.1 Severability. Where any provision of these Terms is unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted and the unenforceable part shall be severed; the remaining provisions shall continue in force.
26.2 Waiver. A failure or delay by the Seller in exercising or enforcing any right does not constitute a waiver of that right.
26.3 Entire agreement. The order confirmation, these Terms and the policies incorporated by reference constitute the entire and integrated agreement between the parties in respect of the Services and the Customer's order, and supersede all prior communications, including prior versions of these Terms. No ambiguity shall be construed against the drafting party.
26.4 No third-party beneficiaries. These Terms confer no right or remedy upon any person other than the parties, save that Shopify may rely upon clause 13.
26.5 Assignment. The Customer shall not delegate, transfer or assign these Terms or any right hereunder without the Seller's prior written consent, and any purported assignment is void. The Seller may transfer or assign these Terms and its rights and obligations to a successor upon a sale of its business, provided that the Customer's rights under these Terms shall not thereby be diminished.
26.6 Headings are for convenience only and do not affect the construction of these Terms.
27. Amendment
27.1 The current version of these Terms is published upon this page. The Seller may amend them, and an amendment operates prospectively only and shall not diminish the rights attaching to an order already placed.
27.2 The Seller shall give notice of a material amendment as applicable law requires, and shall communicate in advance any material amendment affecting an existing Subscription, obtaining any consent required by law.
28. Contact
28.1 Enquiries concerning these Terms: hello@trypluvia.com, or DSZ Ecom LLC, 30 N Gould St Ste N, Sheridan, WY 82801, United States.