Terms of service

Last updated: June, 2026

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION ‎25 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR YOUR ACCESS OR USE OF THE SITE OR PRODUCTS OR SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 25 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

Welcome to bywaqa.co (together with its subdomains, Content, Marks (as these terms are defined below), and other services, the “Site”). Please read the following terms of use ("Terms of Use") carefully before using this Site so that you are aware of your legal rights and obligations.

This Site is operated by ZyG Lifestyle LLC (“Company", "ZyG", "we", "our" or "us”), which acts as the merchant of record on behalf of Bywaqa (the "Seller"). The Seller is the manufacturer and/or supplier of the Products offered on the Site (the "Products"). ZyG operates the Site through which the Seller’s Products are made available for purchase.

The Seller is solely responsible for the Products, including their performance, quality, safety, labeling and regulatory compliance.

By accessing or using the Site, you expressly acknowledge and agree that you are entering into a legal agreement with ZyG, and have understood and agreed to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (as defined below) and any other policies referenced herein (all together shall be referred to collectively as the "Terms").

If you do not agree to be bound by these Terms, please do not access or use the Site.

Background. The Site is operated by ZyG as an eCommerce platform through which users can browse, select, and purchase products offered for sale by the Seller. The Site provides information about the Products and facilitates online ordering and payment, subject to these Terms and any additional terms and conditions that may apply to specific Products or transactions.
Modification. We reserve the right, at our discretion and subject to applicable laws, to change these Terms at any time without prior notice. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or on such later date as may be specified in the updated Terms. Your continued use of the Site thereafter means that you accept those changes. If you object to any such changes, your sole recourse is to cease accessing the Site.
Eligibility. The Site is intended solely for users who are at least eighteen (18) years of age or older, and can form legal binding contracts under applicable law. Any registration, use of or access to the Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 18 years of age, we may terminate your account, delete any content or information that you have submitted to the Site, and prohibit you from using or accessing the Site (or any portion, aspect or feature thereof).

By accessing or otherwise using the Site, you represent and warrant that you: (i) are a natural person of at least 18 years of age or older; (ii) have the legal authority to form a binding contract with Company; (iii) agree to at all times abide by these Terms and all applicable laws; and (iv) are not subject to any export or sanction controls. If you do not meet all of these eligibility requirements, you are not permitted to access or use the Site or purchase Products and agree that you will not do so and that Company may suspend or close your account with or without notice.

Site Access. Subject to the Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to visit and use the Site.
Restrictions. Content on the Site is provided to you for your information and personal use only. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein.
You may not (and shall not permit any third party to) either take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any content on or through the Site that: (i) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Company may determine in its sole discretion; (ii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (iii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (iv) involves commercial activity not expressly permitted by Company; (v) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables unauthorized access to any system, data, password or other information of Company, its users, or any other individual or entity; (vi) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Site in a manner that sends more request messages to Company’s servers than a human can reasonably produce in the same period of time; (vii) impersonates any individual or entity, including, without limitation, employees or representatives of Company; or (viii) removes, infringes, violates, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Sites, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill and third-party rights.
Customer Account. In order to use some of the services of the Site (e.g., for subscription-based Products etc.) you will have access to a customer account, which you can access using your email address ("Account"). You agree not to let anyone use your Account or use the portal of another without permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account credentials secure. You must notify the Company immediately of any breach of security or unauthorized use of your Account. As between you and the Company, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to the Company at _______.
No Charges for use of the Site. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but the Company may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site. Notwithstanding the above, we will charge you for the purchase of Products on the Site which is subject to the provisions set forth in Section ‎9 below.
Purchases through the Site.

ZyG Responsibility. ZyG’s role is strictly limited to: (a) operating and maintaining the Site; (b) providing customer support related to Site functionality and the Product, on behalf of the Seller; and (c) processing payments. ZyG does not manufacture, design, test, inspect, certify, warrant, or endorse any Products. To the fullest extent permitted by applicable law, by using this Site, you hereby waive any and all claims, demands and causes of action against ZyG arising out of or relating to the Products, including without limitation any claims related to Product's quality, safety, performance, labeling or regulatory compliance.
Seller Responsibility. The Seller is solely and exclusively responsible for: (i) the performance, quality, safety, labeling, and regulatory compliance of all Products; (ii) the accuracy of all Product descriptions and information provided about the Product; and (iii) all Product warranties (if any), whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
General. The Products offered in our Site may have limited quantities. We reserve the right to (i) limit the sales of Products to any person, geographic region or jurisdiction; (ii) limit the quantities of any Products that are offered; or (iii) discontinue any Product at any time. We may exercise these rights on a case-by-case basis.
Prices. Subject to applicable law, prices displayed on the Site prior to placing your order, may not include applicable taxes and other fees applicable to your order. All applicable taxes, VAT, and other fees will be calculated by the payment processing company and displayed as part of the total price on the payment processing page prior to the completion of your purchase. Notwithstanding the above, depending on the jurisdiction in which you reside, you may be required to pay additional taxes, customs or any other fees upon arrival of the Products you ordered. Any prices quoted or displayed on the Site are valid only at the time such prices are displayed by the Company, and the Company reserves the right to change such prices at any time.
Placing Orders. Subject to the terms and conditions set forth in these Terms, we may enable you to place an order to purchase Products through the Site. To place an order, we will require you to provide some compulsory information. You confirm that all the information and details provided by you to us are true, accurate and up to date in all respects and at all times. To ensure the order is processed efficiently and without issues, it is important to provide all required details on the Site accurately. If incorrect details are provided during the order process, the Company cannot guarantee that the orders will be processed.
Acceptance of Your Order.

Please note that the completion of the online checkout process does not constitute our acceptance of your offer to purchase Products from us. We reserve the right, at our sole discretion and for any reason or no reason, to accept or reject any order, in whole or in part, at any time. Any confirmation email or other communication acknowledging receipt of your order is for informational purposes only and does not constitute acceptance of your order or an obligation to supply any Product or service. Your order will only be considered accepted once the transaction is finalized, approved, and you have received an email confirming the shipment of the Products.
In the event that we cancel an order, you will not be charged or will receive a full refund, as applicable. In which case, we may attempt to notify you by contacting you via the contact information provided at the time the order was made.

Accepted Payment Methods and Payment Processing.

You may execute payment by payment methods specified as part of the checkout process on the Site (each, a “Payment Method”). The acceptable Payment Methods may be amended by us from time to time at our sole discretion, provided that no such amendment will affect any order that has been placed prior to the amendment. The availability of certain Payment Methods may depend on your geographical location.
If you choose to execute payment through an electronic wallet service that may be made available on the Site from time to time, such as PayPal, Shopify Payments, Nexus, Apple Pay account ("Electronic Wallet"), you will be asked to enter your existing account details or may choose to quickly open an account. If you decide to pay via Electronic Wallet, the Company can collect payment for the Products only after receiving approval from the Electronic Wallet processor. The use of, and receipt of approval from such Electronic Wallet are subject to that Electronic Wallet’s terms of use and privacy policy, and not those of the Site.
All payments must be made in full at the time of purchase. By completing your order, you authorize us to charge the total amount to the Payment Method you have provided.
If it turns out that your credit card (or other Payment Method) is not valid, or the payment provider does not honor the transaction, or the Electronic Wallet does not honor the charge, or the requested Product is not in stock, the Company will cancel the transaction.
The approval of the purchase is conditional on the Product being in stock and shipping is available to the address provided by you, at the time of placing the order. However, even if it is not indicated that the Product is out of stock and the Product is not removed from the Site by the time the order is placed, the Company will not be obligated to sell the Product, and the purchaser will have no claim or demand in this regard for any type of damage, whether direct or indirect, caused to the purchaser and/or a third party. This is subject to the Company refunding any amount paid to the Company if indeed and/or canceling the charge if made. It should be emphasized and clarified that there may be situations where, despite a certain item being displayed on the Site as in stock, it is not actually in stock and cannot be supplied – in such cases, the transaction will be canceled, and you will have no claim in this regard subject to the refund of the amount paid to the Company (if made).
Your Right to Cancel. You may have cancellation rights governed by local legislation. Nothing in these Terms will affect these statutory rights. To the extent you have such rights, orders must be cancelled in full, you may not partially cancel an order.

Subscription.

Subscription Overview. Subscriptions are recurring orders designed to ensure that customers regularly receive the Products they desire with minimal effort.
Price Changes. The Company reserves the right to change subscription prices at any time, at its sole discretion, subject to applicable law. In the event of a price change, the Company will notify customers of the updated pricing, and the price change will not affect previous billings. If you do not agree to the new price, you may cancel your subscription at any time prior to the effective date of the new pricing. By continuing to use or receive the Product after a price adjustment becomes effective, you are deemed to have accepted the updated pricing. The subscription does not include any price protection or guarantee against future price changes.
Managing Subscriptions.

Customer's subscription will automatically renew on a regular schedule, as detailed in the checkout, according to the quantity selected, until the customer cancels the subscription.
Customers will be notified via email on a monthly basis, upon confirmation of payment.

For additional information on managing or changing your subscription please refer to our Refunds, Returns and Order Modifications Policy.
Subscription Cancellation Flow. You may cancel your subscription or any recurring Product purchase up to 12 hours before the next scheduled billing date. If your order has already been processed, you may return the Products in accordance with our Refunds, Returns and Order Modifications Policy.
For any questions or assistance related to your subscription, please reach out to our support team via the Contact Us page or email us at [_].

Intellectual Property Rights.

Content and Marks. Except for Product-related intellectual property, (i) the content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the Intellectual Property Rights (as defined below) contained therein, are the property of the Company and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The trademarks, service marks, and logos of ZyG (the "Marks") are the property of ZyG. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
Feedback. You may choose to or we may invite you to submit comments or feedback about the Site or Products including without limitation about how to improve those (“Feedback”). You understand that your Feedback is gratuitous, unsolicited, and will not place Company under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (i) you have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) your Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived against Company any claims and assertions of any moral rights contained in such Feedback.

Third Party Sources and Content.

The Site may display products sold by third parties or reference certain third parties or brand names while enabling you to view, access, link to, and use content from third party websites and services (including of the Seller) ("Third Party Sources") that are not owned or controlled by us ("Third Party Content"). The Site may also enable you to communicate and interact with Third Party Sources.
We are not affiliated with and have no control over any Third Party Sources. We do not endorse and do not assume any responsibility for the content, products, services, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Company, and release the Company from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

Orders and Shipping Policy. Fulfillment and delivery of Products purchased through the Site shall be handled by either ZyG or the Seller (or by third party acting on their behalf), as indicated during the checkout process. For more information regarding orders and shipping, please refer to the orders and shipping policy available at: ________________ ("Orders and Shipping Policy"). The Orders and Shipping Policy outlines the conditions and procedures related to shipment of Products purchased through the Site. By using the Site, you agree to comply with the terms set forth in the Orders and Shipping Policy. This Orders and Shipping Policy forms an integral part of these Terms.
Refunds, Returns and Order Modifications Policy. For more information regarding refunds, returns and modifying orders, please refer to our refunds, returns and order modifications policy available at: _______________ ("Refunds, Returns and Order Modifications Policy"). This Refunds, Returns and Order Modifications Policy outlines the conditions and procedures for returns, refunds and modifying orders for Products purchased through our Site. By using our Site, you agree to comply with the terms set forth in the Refunds, Returns and Order Modifications Policy. This Refunds, Returns and Order Modifications Policy forms an integral part of these Terms.
Products and Information Description. The Products available on the Site are provided by the Seller. Product descriptions, images, claims, and specifications displayed on the Site are based on information provided by the Seller. We attempt to display Products as accurately as possible; however, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. All descriptions of Products or Product pricing are subject to change, and we reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without any requirement to provide notice before or after making such changes. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. Any claims, complaints, or disputes relating to the Products (including their quality, safety, performance, labeling, or compliance with applicable laws) should be directed to the Seller. When ordering Products through the Site, please note that:

Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Site.
All prices displayed on the Site are in US dollars and do not include applicable local taxes, shipping costs or duty/custom charges. All applicable costs will be added in the checkout.

Packaging may vary from that shown on the Site.
The images of the Products on our Site are for illustrative purposes only. We try hard to portray the items on our Site accurately, however variations may occur.
All items are subject to availability. We will inform you as soon as possible if the Product(s) you have ordered are not available.
Individuals making use of the Products shall be mindful of their use at all times and are solely responsible for the use they make of said items. Neither ZyG nor the Seller shall have any responsibility for your incorrect use of the Products.

Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users or the public.
Links to the Site.

Company permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with the Company or present any false information about the Company and shall not imply in any way that we are endorsing any services or Products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at ____________ ("Privacy Policy"). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
Warranty Disclaimers.

This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SITE AND ALL PRODUCTS AND SERVICES MADE AVAILABLE FOR PURCHASE OR PROVIDED BY ZYG IN CONNECTION WITH THE SITE, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ZYG DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ZYG WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. IT IS HEREBY CLARIFIED THAT ZYG DOES NOT MANUFACTURE, TEST, INSPECT, OR ENDORSE ANY PRODUCTS SOLD THROUGH THE SITE AND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, THEIR QUALITY, SAFETY, FITNESS FOR PURPOSE, OR COMPLIANCE WITH APPLICABLE LAWS.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
We make no representation that Products described or offered on the Site are appropriate or available for use in all jurisdictions, or that these Terms comply with the laws of any particular jurisdiction. You are responsible for ensuring that your access to the Site is in compliance with all applicable laws and regulations in your location.
The Products and claims made about specific Products on or through the Site are provided by the Seller and have not been evaluated by the United States Food and Drug Administration or any other regulatory authority. These Products are not approved to diagnose, treat, cure or prevent disease. ZyG makes no independent representations regarding the efficacy, safety, or regulatory status of any Products sold through the Site.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for general informational purposes only and should not be considered a substitute for professional medical advice. For human health matters, or for any medical or health- related diagnosis or treatment options, you should consult a physician or other relevant healthcare professional. Reliance on any information provided by the Site is solely at your own risk.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products, may be provided in summary form and is intended for general informational purposes only. Information on the Site including any product label or packaging should not be considered a substitute for advice from a qualified healthcare professional, or any other professional experts with specific knowledge about the products. The Site does not recommend self-management of health issues. The Site is not intended to address, and the information on the Site should not be relied upon for, any disease, ailment physical condition or their treatment. Always consult your healthcare professional promptly should you have any health-related questions. Never disregard or delay seeking professional advice based upon information you may have read on the Site.
You should not use the information or services on the Site to diagnose or treat any health issues, or for the prescription of any medication or other treatment. You should always consult with your healthcare professional for human health matters, and read information provided by the Product manufacturer and any Product label or packaging, prior to using any medication, nutritional, herbal, homeopathic, cosmetics or before beginning any exercise or diet program or starting any treatment for a health issue. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us nor do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a qualified professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements or Products for any health purposes.
Always check the Product label or packaging prior to using any Product. If there are discrepancies, you should follow the information provided on the Product label or packaging. For human Products, consult the manufacturer or a healthcare professional as appropriate.

Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZYG AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR ACCESS, USE OF, OR INABILITY TO USE, THE SITE OR THE PRODUCTS, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; EVEN IF FORESEEABLE OR ZYG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ZYG SHALL HAVE NO LIABILITY WHATSOEVER AND IN NO EVENT FOR ANY CLAIMS, DIRECT OR INDIRECT DAMAGES, OR ANY LOSSES ARISING OUT OF OR RELATING TO THE PRODUCTS, INCLUDING ANY ALLEGED OR ACTUAL DEFECT, NON-CONFORMITY, FAILURE, RECALL, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED THERETO, PROVIDED. 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.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZYG FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCT OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU THROUGH THE SITE IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.

Indemnification. You agree to defend, indemnify, and hold harmless each of ZyG, the Seller, and each of their respective affiliates, officers, directors, employees, and agents(collectively, the “Indemnified Parties”), from and against any and all third party claims, demands, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees and litigation costs) arising out of or relating to: (i) your access to or use of, or inability to access or use, the Site; (ii) your breach of these Terms or violation of any applicable laws or regulations; or (iii) your negligent or wrongful use of any Products purchased through the Site. You shall cooperate as reasonably required in the defense of any such claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Indemnified Parties in asserting any available defenses.
Term and Termination. These Terms are effective until terminated by the Company or you. The Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). The Company shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. Any and all terms and conditions within these Terms that should, by their nature, survive termination, will survive such termination, including, but not limited to: this Section ‎22 and Sections ‎11 (Intellectual Property Rights), ‎18 (Privacy), ‎19 (Warranty Disclaimers), ‎20 (Limitation of Liability), ‎21 (Indemnification), 23 (Assignment), ‎24 (General), and ‎25 (Dispute Resolution).
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. ZyG may assign these Terms, or any rights or obligations hereunder, without restriction or notice to you.
General. The Company reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Each party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms or the transactions contemplated hereby. You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis (and not in any class action, class-wide, representative or privacy attorney general proceeding), and that you may initiate such proceedings only on your own behalf. The Company or the Seller shall not have any liability, or otherwise be deemed in breach, for any performance under these Terms and/or inability to provide the Products, that is prevented, hindered, or delayed by any reason beyond the reasonable control of the Company or the Seller, including without limitation by, fire, flood, earthquake, explosion, pandemic or epidemic (or similar regional health crisis), or act of God, strikes, lockouts, picketing, concerted labor action, work stoppages, other labor or industrial disturbances, or shortages of materials or equipment, or failure of (or delay in) delivery by the Company's suppliers or carriers, invasion, war (declared or undeclared), terrorism, riot, insurrection, or civil commotion, an act of governmental or quasi-governmental authorities, and/or failure of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, shortage of adequate power or transportation facilities. These Terms shall constitute the entire agreement between you, the Company and the Seller concerning the Site and the Product. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision, unless made explicitly in writing. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE, TERMS OR THE PRODUCT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dispute Resolution. Agreement to Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT IS HIGHLY IMPORTANT AND WILL AFFECT YOUR RIGHTS WITH RESPECT TO HOW CLAIMS YOU MAY HAVE AGAINST COMPANY AND CLAIMS COMPANY MAY HAVE AGAINST YOU WILL BE RESOLVED, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and Company, including without limitations, if such claim or dispute relates in any way to or arising out of these Terms or your use of the Products, will be resolved in accordance with the provisions set forth in this Section.

You and Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of the dispute is sent. That notice should contain proof of your relationship with Company, the nature and legal basis for your or Company’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, according to the following:

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this agreement to arbitrate.

In all events, you hereby knowingly, voluntarily and intentionally, waive (to the extent permitted by applicable law) any right that you may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. You further agree that, if and to the extent this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.

The arbitration will be conducted by National Arbitration and Mediation (“NAM”), under their rules and procedures as applicable, as modified by these Terms.

The arbitrator has the right to impose sanctions in accordance with NAM rules for any claims the arbitrator determines to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.

The parties agree that NAM has the discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.

The arbitration shall be held in New York City or at another mutually agreed upon location and shall be conducted by one arbitrator. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in these Terms regarding litigation.

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action whether in arbitration or litigation. Unless Company agrees otherwise in separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Where Company does consent, consolidation may be allowed. In individual cases, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. In consolidated cases, the relief may cover the consolidated claims. Any relief awarded cannot affect Company users not involved in the individual or consolidated claims. If a court decides that applicable law precludes enforcement of any of this section’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Company agrees to such.

If the value of the relief sought is $10,000 or less, either you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the extent the filing fee charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Company to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Company will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.

You understand that, absent this mandatory provision, you might have had the right to sue in court and might have had the right to a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The parties agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential unless as required by law, by governmental authorities, or for the purpose of legal proceedings. The parties also agree not to consent to the publication of the confidential information or any part thereof.

To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Site or the Product must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one (1) year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

Except as provided above, you further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. If there is a final judicial determination that applicable law precludes enforcement of this section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. You agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

30–Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: hello@bywaqa.co. The notice must be sent within 30 days of your first use or access of the Site or the Product, or the issuance of a materially changed arbitration clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Company. If you opt-out of arbitration, Company also will not be bound to arbitrate. You agree that, if at some point in the future Company removes this section entirely, restoring the right to proceed in court, no opt out from that change would be required.

Changes to this Section: Company will provide 30 days’ notice of any material changes affecting the substance of this section. Changes will become effective on the 30th day. If you continue to use the Site or the Product after the 30th day, you agree that any unfiled claims are subject to the revised clause.