Terms of service

SECTION 1 – OVERVIEW & ACCEPTANCE OF TERMS

This website (waykind.shop) is operated by Waykind ("Company," "we," "us," or "our"). Throughout the site, the terms “we”, “us” and “our” refer to Waykind. Waykind offers this website, including all information, hardware products, digital programs, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (including our Shipping Policy, Return & Refund Policy, Purchase Options & Cancellation Policy, and live inventory disclosures at waykind.shop/pages/stock, all of which are incorporated herein by reference).

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”). If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any products.

SECTION 2 – ONLINE STORE TERMS & AGE OF MAJORITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have the legal capacity to enter into a binding contract. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

SECTION 3 – GENERAL CONDITIONS & MODIFICATIONS

We reserve the right to refuse service to anyone for any reason at any time. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

SECTION 4 – PRODUCTS, BUNDLES & STOCK ALLOCATION DISCLOSURES

Certain products or services may be available exclusively online through waykind.shop. These products may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.

  • Stock Rate & Batch Reservation Binding Acknowledgment: You expressly acknowledge that Waykind publishes live stock availability and fulfillment staging updates at waykind.shop/pages/stock. You agree that prior to completing your transaction, you had the opportunity to inspect waykind.shop/pages/stock. Where said page states that immediate on-hand stock is exhausted and orders are being accepted on a Reserved Shipping / Batch Allocation basis (including allocations tied to our incoming 500-unit production batch and 3PL onboarding), you explicitly consent to the associated extended fulfillment timeline and waive any right to claim non-delivery or delayed delivery during the stated allocation window.

SECTION 5 – ELECTRICAL & PERSONAL SAFETY DISCLAIMER (HALO BODY DRYER)

The Halo Body Dryer is an electrical warm-air appliance designed for post-shower drying. By purchasing and operating this device, you agree to adhere strictly to all safety instructions inside the user manual:

  1. GFCI Requirement: The appliance must only be plugged into a properly grounded, Ground Fault Circuit Interrupter (GFCI) protected electrical outlet outside of direct shower spray or standing water.

  2. No Submersion: Never submerge the unit, place it inside an active shower stall or bathtub, or operate it with damaged power cords.

  3. Stability & Mobility: Step onto and off the platform carefully. Individuals with impaired balance, neuropathy, or reduced heat sensitivity (including diabetes-related peripheral neuropathy) should consult a physician prior to using heated foot/body appliances.

  4. Assumption of Risk: Waykind shall not be held liable for any personal injury, slip-and-fall incident, thermal discomfort, or property damage resulting from improper installation, failure to use a GFCI outlet, or misuse of the appliance.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – THIRD-PARTY LOGISTICS (3PL) & LINKS

We utilize independent Third-Party Logistics (3PL) providers and payment gateways to fulfill and process orders. Certain content, products, and services available via our Service may include materials from third parties. We are not liable for any delays caused by customs clearance, carrier backlog, force majeure events, or 3PL warehouse onboarding transitions.

SECTION 8 – INTELLECTUAL PROPERTY

All content included on waykind.shop, such as the "Waykind" and "Halo Body Dryer" trademarks, product photography, industrial design, video assets, text, graphics, logos, and the 30-Day Smell Good All Day Program digital materials, is the exclusive property of Waykind or its content suppliers and is protected by United States and international copyright and trademark laws. Unauthorized reproduction, scraping, or redistribution is strictly prohibited.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Except as expressly stated in our 72-hour defective arrival replacement protocol, the Service and all products delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Waykind, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 3PL partners, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the exact amount paid by you for the specific product giving rise to the claim.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Waykind and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 11 – PAYMENT PROCESSING, CRYPTOGRAPHIC TOKENIZATION VAULTING & STORED CREDENTIAL MANDATE (CIT/MIT FRAMEWORK)

By initiating a checkout session and submitting payment instrument credentials on waykind.shop, the Cardholder ("You") explicitly enters into a binding Stored Credential and Card-on-File (CoF) Agreement with Waykind in strict accordance with EMVCo Payment Tokenization Specifications, Payment Card Industry Data Security Standard (PCI-DSS v4.0), and applicable Card Network Operating Regulations (including Visa Core Rules on Stored Credential Transactions and Mastercard Merchant-Initiated Transaction [MIT] Mandates).

  1. Cryptographic Tokenization & Vaulting Architecture: Upon submission of your primary account number (PAN), expiration date, and card verification value (CVV/CVC) during the initial Cardholder-Initiated Transaction (CIT), your sensitive authentication data is transmitted via Transport Layer Security (TLS 1.3) directly to our PCI-DSS Level 1 certified acquiring processor and payment gateway vault. Your raw PAN is immediately substituted with a cryptographically generated, non-reversible surrogate value ("Payment Token") mapped to an immutable initial Network Transaction Identifier (Transaction ID / Trace ID) and 3-D Secure (3DS) / Address Verification System (AVS) authentication cryptogram.

  2. Retention of Tokenized Credentials: You expressly consent and authorize Waykind and its designated acquiring bank / payment processor to securely store, retain, and maintain this Payment Token and associated billing metadata within our system vault indefinitely across the lifecycle of your customer profile. This architecture enables accelerated frictionless settlement and eliminates the need for manual re-entry of primary payment credentials.

  3. Authorization for Subsequent Merchant-Initiated Transactions (MIT): By completing your initial CIT checkout, you grant an irrevocable standing instruction and explicit mandate authorizing Waykind to utilize the stored Payment Token to initiate subsequent Unscheduled or Scheduled Merchant-Initiated Transactions (MITs) without requiring secondary real-time Cardholder intervention or CVV re-authentication, whenever a charge is contractually or operationally necessary in the future. Permissible MIT settlement events governed by this mandate include, without limitation:

    • (a) Deferred or Split-Shipment Captures: Re-authorization or settlement capture for backordered, pre-ordered, or Reserved Batch Allocation inventory (as disclosed on waykind.shop/pages/stock) where the initial authorization window has expired prior to 3PL dispatch;

    • (b) Subscription, Replenishment & Program Renewals: Recurring or deferred billing cycles associated with selected Purchase Options, digital memberships (including extensions of digital programs), or consumable refills;

    • (c) Post-Checkout Upsells & Order Modifications: One-click post-purchase additions, bundle upgrades, or expedited shipping elections initiated by you;

    • (d) Unreturned Promotional Gift & Bundle Recalculations: Automated balance adjustments where a customer returns a primary unit but retains bundled promotional merchandise (e.g., Frizz-Free Hair Wrap, Eucalyptus Spa Steamers, or digital programs) or breaches multi-unit bundle conditions under our Return & Refund Policy;

    • (e) Re-Presentment, Logistics Surcharges & Dispute Reversal Recovery: Collection of unpaid return shipping fees, 20% restocking fees, $15.00 undeliverable parcel re-handling fees, or recovery of funds where a Cardholder retains physical possession of delivered merchandise while simultaneously executing an invalid chargeback reversal.

  4. Account Updater Services: You further authorize our payment processor to utilize automated Card Network Account Updater services (Visa Account Updater [VAU] and Mastercard Automatic Billing Updater [ABU]) to automatically refresh your stored Payment Token credentials in the event your physical card is reissued, replaced, or assigned an updated expiration date by your issuing institution.

SECTION 12 – DISPUTE RESOLUTION, BINDING ARBITRATION & CLASS ACTION WAIVER

Any dispute, controversy, or claim arising out of or relating to these Terms, your purchase of the Halo Body Dryer, fulfillment timelines disclosed on waykind.shop/pages/stock, or any tokenized billing transaction shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. YOU AND WAYKIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

SECTION 13 – SEVERABILITY & ENTIRE AGREEMENT

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. These Terms and any policies posted by us on waykind.shop (including waykind.shop/pages/stock) constitute the entire agreement and understanding between you and us.

SECTION 14 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State in which our parent operating entity is registered, without regard to conflict of law principles.