Terms of Service

Last Updated: November 13, 2025

Welcome to EsoFly ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website esofly.com (the "Site") and the purchase of our products.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you may not access the Site or purchase products.

1. Acceptance of Terms

By using this Site, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are under 18, you may only use the Site with parental consent.

2. Products and Services

2.1 Product Descriptions

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that content is accurate, complete, or error-free.

2.2 Pricing

All prices are in U.S. Dollars (USD) and subject to change without notice. We reserve the right to modify or discontinue products at any time.

2.3 Product Availability

Orders are subject to availability. If a product becomes unavailable after ordering, we will notify you and offer a refund or alternative.

3. Ordering and Payment

3.1 Order Acceptance

Your order is an offer to purchase. We reserve the right to accept or reject orders for any reason, including:

• Product unavailability
• Pricing or product errors
• Suspected fraud
• Violations of these Terms

3.2 Payment Processing

We accept credit cards, debit cards, and PayPal. Payments are processed securely through Stripe and PayPal. By providing payment information, you represent that you are authorized to use it.

3.3 Order Confirmation

You'll receive an order confirmation email once payment is processed. This confirms receipt but does not signify acceptance.

4. Shipping and Delivery

4.1 Shipping Timeframe

Orders are processed within 1-3 business days. Estimated delivery:

• United States: 5-10 business days
• International: 10-20 business days

4.2 Shipping Costs

Calculated at checkout based on location and weight. Promotional free shipping may be offered.

4.3 Risk of Loss

Title and risk pass to you upon delivery to the carrier. We're not responsible for lost, stolen, or damaged packages in carrier possession.

4.4 Customs and Duties

International orders may incur import duties, taxes, and customs fees. You are responsible for these charges.

5. Returns and Refunds

See our Refund Policy for details on returns, exchanges, and refunds.

6. Intellectual Property

6.1 Ownership

All Site content (text, graphics, logos, images, videos, software) is EsoFly property or its licensors', protected by copyright, trademark, and intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license for personal, non-commercial use. You may not:

• Reproduce, distribute, or display content without permission
• Modify, reverse engineer, or create derivatives
• Use automated tools (bots, scrapers)
• Resell or commercially exploit content

7. Prohibited Activities

You agree not to:

• Use the Site for unlawful purposes
• Impersonate any person or entity
• Transmit viruses, malware, or harmful code
• Interfere with Site security or functionality
• Harvest user information without consent
• Engage in fraudulent practices

8. User Accounts

8.1 Account Creation

You're responsible for:

• Maintaining confidentiality of credentials
• All activities under your account
• Notifying us of unauthorized use

8.2 Account Termination

We reserve the right to suspend or terminate accounts at our discretion, including for Terms violations.

9. Disclaimers

9.1 No Medical Claims

Products are not intended to diagnose, treat, cure, or prevent disease. Statements haven't been evaluated by the FDA. Consult healthcare professionals before use, especially if pregnant, nursing, or with medical conditions.

9.2 "As-Is" Basis

THE SITE AND PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ESOFLY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM SITE OR PRODUCT USE, INCLUDING LOST PROFITS OR DATA, EVEN IF ADVISED OF POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

11. Indemnification

You agree to indemnify and hold harmless EsoFly, its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your Site or product use
• Your Terms violations
• Your violation of third-party rights

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by international e-commerce principles and laws of the jurisdiction where transactions occur:

• United States: U.S. federal and state laws
• European Union: EU consumer protection laws
• Brazil: Brazilian Consumer Defense Code (CDC)
• Other Countries: Local consumer protection laws

12.2 Dispute Resolution

Contact us at contact@esofly.com to resolve disputes amicably. If unresolved, disputes shall be resolved through:

• Online arbitration via mutually agreed platform
• Small claims court in your jurisdiction
• Consumer protection agencies in your country

12.3 Jurisdiction

Legal actions shall be brought in courts where you reside. You consent to such jurisdiction.

13. Changes to Terms

We may modify these Terms at any time. Changes are effective upon posting with updated date. Continued use constitutes acceptance of revised Terms.

14. Contact Information