Terms Of Service

Last Updated: April 27, 2026

1. ACCEPTANCE OF TERMS

Welcome to the website operated by DPhiant Corporation, a Delaware corporation ("DPhiant," "Company," "we," "us," or "our"). These Terms of Service and Use ("Terms") govern your access to and use of our website located at www.dphiant.com (the "Site"), which is hosted on and operated through the Shopify e-commerce platform ("Shopify Platform"), including any content, functionality, products, and services offered on or through the Site. By accessing, browsing, or using the Site, placing an order, creating an account, or otherwise engaging with any features of the Site, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference, and you consent to the use of electronic records and signatures for all transactions. If you do not agree to these Terms, you must immediately discontinue use of the Site, and any continued access or use constitutes your acceptance of the then-current Terms.

The Site and all transactions conducted through the Site are processed on and subject to the terms and conditions of the Shopify Platform, which are available at www.shopify.com (the "Shopify Terms"). You are solely responsible for reviewing, understanding, and complying with the Shopify Terms, and your obligations to DPhiant are independent of and unaffected by your relationship with Shopify Inc. or the Shopify Platform. DPhiant makes no representations or warranties regarding the Shopify Platform and expressly disclaims any and all responsibility and liability whatsoever for any acts, omissions, errors, interruptions, delays, or failures of Shopify Inc., its affiliates, or the Shopify Platform, including but not limited to any issues relating to payment processing, data security, platform availability, or any other aspect of the Shopify Platform's operation. Your use of the Site constitutes your acknowledgment and acceptance of the Shopify Terms as they may be amended from time to time by Shopify Inc.

2. MODIFICATIONS TO THESE TERMS

We reserve the right, in our sole discretion, to modify, amend, or update these Terms at any time and without prior notice, including with respect to active accounts, Subscriptions, and pending or future orders to the fullest extent permitted by law.  Any changes will be effective immediately upon posting of the revised Terms on the Site, with the "Last Updated" date revised accordingly, or on any later effective date stated in the revised Terms. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any modified Terms, your sole remedy is to discontinue use of the Site.

3. ELIGIBILITY

The Site and the products offered herein are available to individuals of all ages; provided, however, that if you are under the age of eighteen (18) or the age of majority in your jurisdiction of residence, whichever is greater (a "Minor"), your use of the Site and any purchases made through the Site are subject to Section 3.1 below and must be supervised by a parent or legal guardian. By using the Site or placing an order, you represent and warrant that you have reviewed and understand these Terms. If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we reasonably believe that a User does not meet applicable eligibility requirements or if we believe action is necessary to comply with law or protect users, minors, or our business.

3.1 Purchases by Minors. Any purchase made through the Site by a Minor shall be voidable at the election of such Minor or such Minor's parent or legal guardian, to the extent permitted by applicable law; provided that DPhiant may require reasonable proof of identity and guardianship before processing any such request. A request to void a purchase pursuant to this Section 3.1 may be submitted by contacting DPhiant at hello@dphiant.com. Upon receipt of a valid request to void a purchase, DPhiant shall cancel the applicable order and, if payment has been processed, issue a refund to the original method of payment in accordance with applicable law, net of any amounts attributable to opened or used products to the extent permitted by law. Nothing in this Section 3.1 shall be construed to limit or waive any rights afforded to Minors or their parents or legal guardians under applicable law, including any common law or statutory right to disaffirm a contract entered into by a Minor.

4. ACCOUNT REGISTRATION AND SECURITY

Certain features of the Site, including the ability to place orders or subscribe to products, may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to notify us immediately at hello@dphiant.com of any unauthorized use of your account or any other breach of security and to implement any remediation steps we reasonably request. We shall not be liable for any loss or damage arising from your failure to comply with this Section, and you are responsible for all activity that occurs under your account whether authorized or not. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice.

5. PRODUCTS; PRODUCT DISCLAIMERS AND REGULATORY NOTICES

5.1 Product Descriptions. We make reasonable efforts to display and describe our products accurately on the Site, including product images, descriptions, ingredients, and pricing, but such materials are provided for general informational purposes only and do not modify any product labeling or instructions for use. However, we do not warrant that product descriptions, images, colors, pricing, or other content on the Site are accurate, complete, reliable, current, or error-free. In the event that a product offered on the Site is not as described, your sole and exclusive remedy is to return the product in accordance with our Return and Refund Policy set forth in Section 10 below.

5.2 Cosmetic Use Disclaimer. Our blemish-care products are formulated for cosmetic use and are intended to improve the appearance of the skin. Unless expressly stated otherwise on the product labeling, our products are marketed as cosmetic products and are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and are not a substitute for advice from a licensed healthcare professional. Any statements or information provided on the Site regarding our products have not been evaluated by the U.S. Food and Drug Administration ("FDA") unless specifically indicated. Results may vary from person to person, and individual outcomes are not guaranteed.

5.3 No Medical Advice. Nothing on the Site shall be construed as the provision of medical advice, diagnosis, or treatment. The content on the Site, including product descriptions, blog posts, social media content, testimonials, and user-generated content, is provided for informational and educational purposes only and is not a substitute for professional medical advice. You should consult a qualified healthcare provider before using any skincare product, particularly if you have sensitive skin, allergies, or a pre-existing skin condition. DPhiant expressly disclaims any liability arising from your reliance on any information provided on the Site to the fullest extent permitted by law.

5.4 International Regulatory Notice. Our products are formulated and labeled in compliance with applicable United States federal and state laws and regulations. Regulatory requirements for cosmetic and over-the-counter drug products vary by jurisdiction. If you access the Site or purchase products from a location outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws, regulations, and import requirements, including but not limited to customs duties, taxes, and product registration requirements. We make no representation that the products or content on the Site are appropriate, lawful, or available for use in any particular jurisdiction outside the United States.

5.5 Allergen and Sensitivity Warning. Our products may contain ingredients that could cause allergic reactions or skin sensitivity in certain individuals. A complete list of ingredients is provided on each product page and on the product packaging. We strongly recommend that you review the ingredient list prior to purchase and perform a patch test before first use in accordance with the instructions provided with the product. DPhiant shall not be liable for any adverse reactions resulting from the use of its products, including but not limited to allergic reactions, skin irritation, or sensitivity, particularly where you fail to review ingredients, conduct a patch test, or follow directions for use.

6. ORDERS AND PAYMENT

6.1 Order Acceptance. All orders placed through the Site are subject to acceptance by DPhiant. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, suspected fraud, compliance with law or trade controls, or any other reason at our sole discretion. If your order is canceled after your payment has been processed, we will issue a full refund to your original method of payment; refunds are your sole remedy for any such cancellation.

6.2 Pricing. All prices displayed on the Site are in U.S. dollars unless otherwise indicated. Prices are subject to change without notice. We make reasonable efforts to ensure the accuracy of pricing information; however, pricing errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you of such cancellation. Applicable taxes, shipping charges, and other fees will be calculated and displayed at checkout.

6.3 Payment. We accept the payment methods indicated on the Site at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge the total order amount, including applicable taxes and shipping fees, to your designated payment method. You are responsible for ensuring that your payment information is accurate and current, and you authorize us to obtain updated card account information from the card issuer or network as permitted to process recurring charges.

7. SUBSCRIPTION TERMS

7.1 Subscription Service. We may offer subscription-based purchasing options ("Subscription") that allow you to receive automatic, recurring shipments of selected products at the frequency you choose. By enrolling in a Subscription, you authorize DPhiant to automatically charge your designated payment method at the applicable recurring interval until you cancel your Subscription, including any applicable shipping, handling, taxes, and price changes communicated to you.

7.2 Cancellation and Modification. You may cancel or modify your Subscription at any time by logging into your account on the Site or by contacting our customer service team at hello@dphiant.com. Cancellations or modifications must be made prior to the processing of your next scheduled order. If a cancellation or modification request is received after your order has been processed, it will take effect for the following billing cycle. DPhiant reserves the right to modify, suspend, or discontinue the Subscription service, or any aspect thereof, at any time with reasonable notice to subscribers, and we may cancel any Subscription at any time for any reason.

7.3 Subscription Pricing. Subscription pricing, including any applicable discounts, is subject to change. We will provide you with reasonable advance notice of any price changes to your Subscription, and continued receipt of Subscription shipments after the effective date constitutes consent to the new price. Your continued enrollment in the Subscription following such notice constitutes your acceptance of the updated pricing.

8. SHIPPING POLICY

8.1 Shipping Costs. All Subscription orders qualify for free standard shipping. For one-time purchases, free standard shipping is available on orders totaling fifty U.S. dollars ($50.00) or more (before taxes). One-time purchase orders totaling less than fifty U.S. dollars ($50.00) are subject to a flat-rate shipping fee, which will be displayed at checkout. Expedited shipping options are available for an additional fee, as indicated on the order page at the time of checkout. Notwithstanding anything to the contrary herein, shipping fees are subject to adjustment at checkout.

8.2 Order Processing and Delivery Timeframes. Orders are processed within one to two (1–2) business days of receipt. Orders placed after 5:00 PM Eastern Standard Time (EST) will be processed on the next business day. We do not process or ship orders on weekends or U.S. federal holidays. Standard shipping delivery time is approximately five to eight (5–8) business days from the date of shipment. All delivery timeframes are estimates only and may vary due to carrier delays, weather conditions, or other unforeseen circumstances, and time is not of the essence for any delivery. DPhiant shall not be liable for any delays in delivery. Customers will receive tracking information via email once their order has shipped.

8.3 Shipping Area. Currently, we ship only within the contiguous United States (the forty-eight (48) adjoining states and the District of Columbia). We do not ship to Alaska, Hawaii, U.S. territories, or international locations at this time. When international shipping becomes available, the customer shall be solely responsible for all international shipping fees, customs duties, import taxes, brokerage fees, and any other charges imposed by the destination country. International orders are subject to the customs and import regulations of the destination country, and DPhiant assumes no responsibility for delays, seizures, or additional charges imposed by customs authorities.

8.4 Lost or Stolen Packages; Address Errors. DPhiant is not responsible for packages that are lost or stolen after delivery confirmation by the carrier, and any replacement of such packages is at our sole discretion. We strongly recommend that customers use a secure delivery address. In the event that a delivery address is submitted incorrectly or contains a typographical error at the time the order is placed, DPhiant assumes no responsibility for misdelivery. While we will make commercially reasonable efforts to redirect the package, address errors may result in a turnaround time of up to three (3) weeks. Any additional shipping costs incurred as a result of an incorrect address, including reshipment fees and carrier surcharges, may be charged to the customer.

8.5 Risk of Loss. All products purchased through the Site are shipped pursuant to a shipment contract. Title to, and risk of loss of, any product shall pass to you upon tender of the product to the carrier at our shipping point.

9. RETURN AND REFUND POLICY

9.1 General Policy. Your satisfaction is important to us. Subject to the terms and conditions set forth in this Section 9, we offer free returns and exchanges within thirty (30) days of your order delivery date on your first purchase of a given product only, unless otherwise required by law. To be eligible for a return, products must be in their original condition and packaging, except as otherwise provided herein.

9.2 Return Eligibility and Conditions. The following conditions apply to all returns and refunds:

(a) Single-use products are eligible for return only if they are unused and in their original, unopened packaging.

(b) Returns and refunds are limited to one (1) refund per product per customer (as determined by shipping address or registered email address).

(c) Original shipping costs are non-refundable.

(d) Gift wrapping fees and shipping fees are non-refundable.

(e) Only products purchased directly through dphiant.com are eligible for return. Products purchased from third-party retailers are not eligible for return or refund through DPhiant.

(f) All returned shipments are opened and inspected upon receipt. Products that are nearly emptied, tampered with, opened beyond a reasonable trial, or filled with substances other than the original product are not eligible for a refund.

(g) Products that have been damaged or lost due to personal usage — including but not limited to items that have been dropped, stolen, spilled, or otherwise mishandled — are not eligible for a refund.

9.3 Final Sale Items. The following items are final sale and are not eligible for return, exchange, or refund: Kits, Merchandise ("Merch"), Gifts with Purchase, Box Sets, Routine Kits, and Mystery Boxes. This list may be updated from time to time, and any additional final sale designations will be indicated on the applicable product page.

9.4 How to Initiate a Return or Exchange. To initiate a return or exchange, please contact our customer service team at hello@dphiant.com between 9:00 AM and 5:00 PM EST, Monday through Friday. Please include your order number and a brief description of your request. Our team will provide you with a prepaid return shipping label and further instructions. Approved returns and refunds will be processed to your original method of payment within seven to ten (7–10) business days of our receipt and inspection of the returned product, excluding original shipping and handling and subject to any restocking fees disclosed at the time of purchase.

9.5 Store Credit. DPhiant reserves the right, at its sole discretion, to offer store credit in lieu of a monetary refund in certain circumstances. Any store credit issued shall be subject to such terms and conditions as DPhiant may establish from time to time and will expire one (1) year from the date of issuance unless prohibited by law.

10. INTELLECTUAL PROPERTY

10.1 Ownership. The Site and all content, features, and functionality thereof — including but not limited to text, graphics, logos, trademarks, service marks, trade names, images, photographs, videos, audio, software, designs, product formulations, and the selection, coordination, and arrangement thereof (collectively, "Company Content") — are owned by DPhiant, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The DPhiant name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DPhiant or its affiliates. You may not use such marks without the prior written permission of DPhiant.

10.2 Limited License. Subject to your compliance with these Terms, DPhiant grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use and solely in the United States. This license does not include the right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Company Content; (b) use any data mining, robots, scraping, or similar data-gathering or extraction methods; (c) download (other than page caching) any portion of the Site or any Company Content, except as expressly permitted; or (d) use the Site or any Company Content other than for its intended purpose; or (e) remove, obscure, or alter any proprietary notices or markings on the Site or Company Content. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

11. USER-GENERATED CONTENT

11.1 User Content License. The Site and our social media channels may allow you to post, submit, publish, display, or transmit content, including but not limited to reviews, testimonials, comments, photographs, videos, and other materials (collectively, "User Content"). By submitting, posting, or otherwise making available any User Content on or through the Site or any DPhiant social media channel, you hereby grant to DPhiant a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Content in any and all media, formats, and channels now known or hereafter devised, for any purpose, including but not limited to advertising, marketing, promotional, and commercial purposes, without further notice, consent, or compensation to you or any third party, and you waive any moral rights or similar rights to the extent permitted by law.

11.2 User Content Representations and Warranties. By submitting User Content, you represent and warrant that: (a) you are the sole author and owner of the User Content, or you have all necessary rights, licenses, consents, and permissions to grant the license set forth herein; (b) the User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights; (c) the User Content does not contain any material that is defamatory, obscene, harassing, threatening, or otherwise unlawful; (d) the User Content does not contain any false, misleading, or deceptive statements or claims regarding DPhiant or its products; and (e) the User Content complies with all applicable laws, rules, and regulations, including but not limited to the Federal Trade Commission's ("FTC") Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).

11.3 No Obligation; Right to Remove. DPhiant is under no obligation to post, display, or use any User Content and may monitor communications and submissions to the extent permitted by law. We reserve the right, in our sole discretion, to review, edit, refuse to post, or remove any User Content for any reason or no reason, including User Content that we determine, in our sole judgment, violates these Terms, is objectionable, or may expose DPhiant to liability. DPhiant assumes no responsibility or liability for any User Content posted by you or any third party.

12. INFLUENCER AND CREATOR COLLABORATIONS

12.1 Third-Party Endorsements. DPhiant may collaborate with influencers, content creators, brand ambassadors, and other third parties ("Collaborators") who may promote, review, or endorse DPhiant products on the Site, social media platforms, or other channels. Any opinions, statements, reviews, or recommendations made by Collaborators are their own and do not necessarily reflect the views or opinions of DPhiant. DPhiant does not guarantee the accuracy, completeness, or reliability of any statements made by Collaborators, and any reliance on such statements is at your sole risk.

12.2 Disclosure Requirements. All Collaborators are required to comply with applicable laws and regulations, including the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, and to clearly and conspicuously disclose their material connection with DPhiant in all sponsored or compensated content. DPhiant shall not be liable for any Collaborator's failure to make required disclosures, and you agree that your sole remedy for any issue with Collaborator content is to discontinue following or engaging with such content.

13. SOCIAL MEDIA

DPhiant maintains a presence on various third-party social media platforms. Your interactions with DPhiant on such platforms are subject to these Terms as well as the terms of service and privacy policies of the applicable social media platform. DPhiant is not responsible for the terms, policies, or practices of any third-party social media platform. Any content you post on a social media platform that references, tags, or mentions DPhiant or its products may be treated as User Content and may be used by DPhiant in accordance with Section 11 of these Terms, subject to applicable law, regardless of platform terms to the contrary.

14. THIRD-PARTY LINKS AND CONTENT

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by DPhiant. We have no control over, and assume no responsibility for, the content, privacy policies, security, data processing, or practices of any third-party websites or services. You acknowledge and agree that DPhiant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

15. PROHIBITED USES

You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including laws protecting minors); (b) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (c) to impersonate or attempt to impersonate DPhiant, a DPhiant employee, another User, or any other person or entity; (d) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site; (e) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (g) to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site; (h) to use the Site to collect or harvest any personally identifiable information; (i) to resell, redistribute, or commercially exploit any products purchased through the Site without the prior written consent of DPhiant; or (j) to provide any false, inaccurate, or misleading information; or (k) to otherwise attempt to interfere with the proper working of the Site.

16. DISCLAIMER OF WARRANTIES

THE SITE, ALL CONTENT THEREON, AND ALL PRODUCTS OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY DPHIANT WITH RESPECT TO A SPECIFIC PRODUCT, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DPHIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. DPHIANT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DPHIANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF THE SITE AND ANY PRODUCTS PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DPHIANT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DPHIANT'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DPHIANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SITE; (B) ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (D) ANY USER CONTENT; (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (F) ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DPHIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DPHIANT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO DPHIANT FOR THE PRODUCT OR SERVICE AT ISSUE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED FIFTY U.S. DOLLARS ($150.00).THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT DPHIANT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DPhiant, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, demands, actions, investigations, fines, penalties, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your User Content; (e) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (f) any claim that your User Content caused damage to a third party; or (g) any product purchased by you through the Site that is used in a manner inconsistent with the product labeling, instructions, or warnings; or (h) any dispute between you and a minor in your care relating to the Site or our products. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

19. GOVERNING LAW

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York, New York, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waive any objection based on improper venue or forum non conveniens.

20. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

20.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact DPhiant at hello@dphiant.com and attempt to resolve any dispute informally for a period of at least thirty (30) days. In the event that a dispute cannot be resolved informally, the provisions of this Section 20 shall apply.

20.2 Binding Arbitration. To the fullest extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved through informal negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be New York, New York.The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or to protect confidential information or safety of minors.

20.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DPHIANT EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

21. COPYRIGHT POLICY; DIGITAL MILLENNIUM COPYRIGHT ACT

DPhiant respects the intellectual property rights of others and reserves all rights to seek damages, attorneys’ fees, and injunctive relief against infringers to the fullest extent permitted by law. If you believe that any content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512) by providing our designated copyright agent with the following information in writing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. DMCA notices should be sent to: hello@dphiant.com. DPhiant reserves the right to remove any content alleged to be infringing without prior notice and at its sole discretion, and to terminate the accounts of repeat infringers.

22. ELECTRONIC COMMUNICATIONS

By using the Site or providing your email address or phone number to DPhiant, you consent to receive electronic communications from DPhiant, including but not limited to emails, text messages, and notifications related to your account, orders, Subscriptions, and promotional offers, which may be sent using an automatic telephone dialing system or other automated means where permitted by law. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions contained in such communications or by contacting us at hello@dphiant.com; provided, however, that you may not opt out of transactional or account-related communications, and opting out may not terminate communications required by law or for safety notices or product recalls.

23. PRIVACY

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes our data practices, including the processing of personal information of minors where permitted by law and with appropriate consents. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

24. CALIFORNIA CONSUMER RIGHTS

If you are a California resident, you may have additional rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"), and other applicable California laws. For more information regarding your California privacy rights, please refer to our Privacy Policy. In accordance with California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: the provider of the Site is DPhiant Corporation. Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to hello@dphiant.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

25. TERMINATION

We may terminate or suspend your access to the Site and your account, in whole or in part, at any time, with or without cause, and with or without notice, in our sole discretion, including but not limited to if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, engaged in fraudulent, abusive, or harmful conduct, or if necessary to protect minors or comply with law. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

26. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein; provided that the parties request that any such provision be reformed to the minimum extent necessary to render it enforceable. The remaining provisions shall continue in full force and effect.

27. WAIVER

No waiver by DPhiant of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DPhiant to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

28. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or policies published by DPhiant on the Site, constitute the entire agreement between you and DPhiant with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site, and you acknowledge that you have not relied on any statement, promise, or representation not expressly set out in these Terms.

29. ASSIGNMENT

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without the prior written consent of DPhiant. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. DPhiant may freely assign or transfer these Terms without restriction and without notice to you. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

30. FORCE MAJEURE

DPhiant shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond DPhiant's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, or any other event beyond DPhiant’s reasonable control, and any affected obligations shall be suspended for the duration of the force majeure event and for a reasonable period thereafter to permit resumption of performance.

31. CONTACT INFORMATION

If you have any questions, concerns, or comments regarding these Terms, please contact us at:

DPhiant Corporation

Email: hello@dphiant.com

Customer Service Hours: 9:00 AM – 5:00 PM EST, Monday through Friday

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE.