Avayo Terms of Service

Effective date: 11/01/25

These Terms of Service (“Terms”) govern your access to and use of the website
www.getavayo.com (the “Site”) and any purchases of products from Avayo Vine LLC (“Avayo”, “we”,
“us”, or “our”). By accessing or using the Site, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the Site or purchase products from us.

These Terms are in addition to, and incorporate by reference, our
Privacy Policy, Returns & Refunds Policy, and Shipping Policy,
which are available on the Site.

1. Who we are

The Site is operated by Avayo Vine LLC, a company based in the United States (New Mexico).

If you have questions about these Terms or the Site, you may contact us at:

• Email: support@getavayo.com
• Or via the contact form available on the Site.

2. Eligibility

• By using the Site, you represent and warrant that you are at least 18 years old (or the age
  of majority in your jurisdiction) and legally capable of entering into a binding contract.
• The Site is intended for customers located in the United States. If you access the Site
  from outside the United States, you are responsible for complying with any local laws that may apply.

3. Your account

• You may be able to create an account on the Site. When you create an account, you must provide accurate,
  current, and complete information and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities
  that occur under your account. If you believe your account has been compromised, you must notify us promptly.
• We reserve the right to suspend or terminate your account or access to the Site, at our discretion, for any
  reason, including if we believe you have violated these Terms.

4. Orders and payments

4.1 Placing an order

• When you place an order on the Site, you are making an offer to purchase the products in your cart in
  accordance with these Terms.
• After you submit an order, you may receive an order confirmation email. This confirmation acknowledges that
  we have received your order but does not guarantee acceptance of your order or availability of the products.
• We reserve the right to accept or reject any order in our sole discretion, for reasons including but not
  limited to product availability, errors in product or pricing information, or suspected fraud.

4.2 Pricing, taxes, and availability

• All prices on the Site are listed in U.S. dollars (USD) unless otherwise stated.
• We make reasonable efforts to ensure that product information, including pricing and availability, is
  accurate. However, errors may occur. If we discover a pricing or other material error related to your order,
  we may cancel or refuse the order and offer you the option to place a new order with the correct information.
• Applicable taxes (such as sales tax) and shipping charges will be added at checkout and shown before you
  complete your purchase.

4.3 Payment methods

• We accept one or more payment methods as displayed at checkout. These may include credit and debit cards,
  digital wallets, and third-party financing or installment (“buy now, pay later”) options.
• Payments are processed by third-party payment processors and financing providers. We do not
  store full payment card numbers on our own systems. Your use of any third-party payment or financing service
  may be subject to that provider’s own terms and privacy policy.
• By providing payment information, you represent and warrant that you are authorized to use the chosen payment
  method and that the information you provide is accurate and complete.
• You authorize us and our payment processors to charge the total amount of your order (including applicable
  taxes and shipping charges) to the payment method you provide.

4.4 Financing and installment options

• If you choose to pay using a financing or installment option offered at checkout, you understand that:
  • The financing provider is a separate third party, not Avayo.
  • Your use of that financing option is governed by a separate agreement between you and the provider,
    which may include interest or fees.
  • Any refunds for purchases made with financing or installments will be processed in accordance with
    our Returns & Refunds Policy, and the provider will handle any corresponding adjustment to your
    payment schedule under your agreement with them.

4.5 Cancellations and changes

• Once an order is placed, it may be processed quickly. If you need to cancel or change your order,
  please contact us as soon as possible at support@getavayo.com.
• We cannot guarantee that we will be able to cancel or modify your order once it has been placed,
  especially if it has already been processed or shipped.
• If we are unable to cancel an order before shipment, you may still be able to return eligible items in
  accordance with our Returns & Refunds Policy.

5. Shipping and delivery

• Shipping and delivery of products are governed by our Shipping Policy, which is incorporated
  into these Terms by reference.
• Estimated delivery times are provided for convenience only and are not guaranteed. We are not responsible
  for delays caused by carriers or circumstances beyond our reasonable control, as described in our Shipping Policy.

6. Returns, refunds, and exchanges

• Our Returns & Refunds Policy explains how we handle returns, exchanges, and refunds,
  including eligibility requirements, timeframes, and who is responsible for return shipping costs.
• By purchasing from us, you agree that any returns, refunds, or exchanges will be handled exclusively in
  accordance with our Returns & Refunds Policy as posted on the Site at the time of your purchase,
  except where otherwise required by law.
• For purchases made with financing or installment options, we will process refunds in our system, and the
  financing provider will adjust your payment schedule or issue any refund in accordance with your agreement
  with that provider.

7. Product information and variations

• We make reasonable efforts to display product colors, images, and descriptions accurately. However, actual
  colors and appearance may vary depending on your device settings and lighting conditions.
• All descriptions, images, and other information about products are for informational purposes only and
  are subject to change without notice.
• We reserve the right to discontinue or change products at any time without prior notice.

8. Use of the Site

You agree that you will not:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or any systems or networks
  connected to the Site.
• Use the Site to transmit any viruses, malware, or other harmful code.
• Use any automated system (including bots, spiders, or scrapers) to access the Site for any purpose without our
  prior written permission.
• Use the Site or any content on the Site for any commercial purpose not expressly authorized by us, including
  reselling products purchased from us without our consent.

9. Intellectual property

• All content on the Site, including text, graphics, logos, product images, icons, and software, is owned by
  or licensed to Avayo and is protected by copyright, trademark, and other intellectual property laws.
• You may view and use the Site for your personal, non-commercial use only. You may not reproduce, distribute,
  modify, create derivative works of, publicly display, or otherwise exploit any content from the Site without
  our prior written permission.
• “Avayo” and any associated logos or brand elements are trademarks or service marks of Avayo Vine LLC. You may not
  use our trademarks without our prior written consent.

10. Third-party services and links

• The Site may contain links to third-party websites or services (including payment and financing providers)
  that are not owned or controlled by Avayo.
• We do not endorse or assume responsibility for any third-party websites, services, or content. Your use of
  such third-party sites or services is at your own risk and may be subject to additional terms and policies.
• When you leave the Site or interact with a third-party widget (for example, a financing or payment option),
  their terms and privacy practices will apply.

11. Disclaimer of warranties

• To the fullest extent permitted by law, the Site and all products and services offered through the Site are
  provided on an “as is” and “as available” basis, without any warranties of any kind, whether
  express or implied.
• Without limiting the foregoing, we do not warrant that:
  • The Site will be uninterrupted, secure, or error-free;
  • Any defects or errors will be corrected; or
  • The information on the Site is complete, accurate, or current at all times (although we strive to keep
    it up to date).
• To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied
  warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

12. Limitation of liability

• To the fullest extent permitted by law, in no event will Avayo, its owners, directors, employees, or affiliates
  be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits
  or revenues, whether incurred directly or indirectly, arising out of or in connection with:
  • Your use of or inability to use the Site;
  • Any products or services purchased through the Site; or
  • Any conduct or content of any third party.
• To the fullest extent permitted by law, our total liability for any claim arising out of or relating to these
  Terms, the Site, or products purchased through the Site will be limited to the amount you paid to us for the
  product or service giving rise to the claim.
• The limitations in this section apply regardless of the legal theory on which the claim is based, even if
  we have been advised of the possibility of such damages, and even if any remedy fails of its essential purpose.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Avayo, its owners,
officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and
expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use of the Site or products purchased through the Site;
• Your violation of these Terms or any other policies referenced herein; or
• Your violation of any rights of another person or entity.

14. Governing law and jurisdiction

• These Terms and any disputes arising out of or related to them or your use of the Site will be governed by
  and construed in accordance with the laws of the State of New Mexico and the United States,
  without regard to conflict of law principles.
• You agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be
  brought exclusively in the state or federal courts located in New Mexico, and you consent to
  the jurisdiction of such courts.

15. Changes to these Terms

• We may update or modify these Terms from time to time. When we do, we will post the updated Terms on this page
  and update the “Effective date” at the top.
• Changes will apply to your use of the Site and to purchases made after the updated Terms are posted.
• Your continued use of the Site after changes are posted means you accept the updated Terms.

16. Miscellaneous

• If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to
  the maximum extent permissible, and the remaining provisions will remain in full force and effect.
• Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.
  We may assign these Terms at any time without restriction.
• These Terms, together with any policies referenced herein, constitute the entire agreement between you and Avayo
  regarding your use of the Site and purchases from us.

17. Contact us

If you have any questions about these Terms or the Site, please contact us:

• Email: support@getavayo.com
• Or via the contact form available on the Site.