Terms and Conditions

2.1 Age Requirement:

• Global Minimum Age: You must be at least 16 years old
• Jurisdictional Requirements: If your jurisdiction mandates a higher minimum age (e.g., 18 years old in the U.S. or Canada for the age of majority), you must comply with the stricter requirement.

By agreeing to these Terms, you represent and warrant that:

• You meet the highest applicable age requirement between your jurisdiction and the Global Minimum Age;
• You have not previously been suspended, terminated, or barred from using the Site and/or Services;
• Your use complies with all applicable laws and regulations.

2.2 Prohibition Against Minor Data Collection

In compliance with the U.S. Children's Online Privacy Protection Act (COPPA), Canadian privacy laws, and EU General Data Protection Regulation (GDPR), we do not knowingly collect personal information from:

• Users under 13 years old (U.S.);
• Users under 14 years old (Canada);
• Users below the digital consent age in their EU/EEA member state (typically 13-16 years).

2.3 Entity Representation

If accessing the Site on behalf of a business, organization, or other legal entity, you further represent and warrant that:

• You possess the legal authority to bind such entity to these Terms;
• All actions taken through the Site on behalf of the entity comply with applicable laws.

2.4 Legal Capacity

By using the Site and/or Services, you affirm that you are:

• An individual or a business entity that is legally permitted to access the Site under the laws of your jurisdiction;
• Legally competent to enter into binding contracts under applicable law.

Users who fail to meet these eligibility criteria are expressly prohibited from accessing the Site and/or Services, and any unauthorized use constitutes a material breach of these Terms.

3.1 Account Creation

To access certain features of the Site and/or Services (including but not limited to forums, purchases, or content submission), you may register for an account. During registration, you agree to provide accurate and complete information, such as your name, email address, or other contact details. You represent and warrant that all information submitted is truthful, current, and compliant with applicable laws. You further agree to promptly update such information to ensure its accuracy at all times.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password, or authentication codes). You may not share, transfer, or use another individual’s account or credentials at any time. You agree to immediately notify us of any unauthorized access, suspected security breach, or misuse of your account. We reserve the right to suspend or terminate accounts with compromised credentials or suspicious activity.

3.3 User Responsibilities

You accept full liability for all activities conducted under your account through the Site and/or Services, including damages or losses incurred by us or third parties due to unauthorized use.

3.4 Data Protection and Privacy

By creating an account, you consent to the collection, processing, and storage of your personal data in accordance with our Privacy Policy. Through the Services, you may access, correct, or request deletion of personal data through your account settings or by emailing privacy@coovavo.com.

4.1 Order Formation

• A binding contract is formed when we issue an order confirmation.
• Product listings on the Site are invitations to treat, not offers.
• EU/EEA consumers retain statutory withdrawal rights under Directive 2011/83/EU as detailed in our Refund Policy applicable to the Services.

4.2 Order Acceptance & Cancellation

Under the Services, we reserve the right to:

• Reject orders due to:

  • Pricing errors or stock unavailability (UCC § 2-613; EU Consumer Rights Directive Article 20);
  • Suspected fraud or violation of purchase limits (Canadian Competition Act S.52);
  • Incomplete or contradictory information requiring verification.
• Cancel unprocessed orders due to payment authorization failures or invalid information.

4.3 User Obligations

• You must provide accurate billing/shipping details and promptly update account information.
• Failure to comply may result in order delays or cancellations.

4.4 Contract Modifications

• Changes to orders (e.g., address corrections) must be requested before the order is shipped.
• Post-shipment modifications are subject to the carrier's policies and may incur additional fees.

5.1 General Delivery Terms

• Risk Transfer:

  Through the Site and/or Services, risk of loss or damage to products transfers to you upon delivery to the carrier (e.g., USPS, DHL eCommerce, SF E-Parcel, FedEx, DHL Express). And title to the products remains with COOVAVO until full payment is received.

• Inventory & Lead Times:

  Made-to-order items may require extended production times. Stock availability is subject to supply chain conditions.

• Shipping Confirmation:

  You will receive a shipping confirmation email with tracking details once your order is shipped. Tracking information updates may be subject to carrier-specific delays.

• Lost or Delayed Shipments:

  Under the Services, report missing shipments within 30 calendar days of the shipping confirmation date. Claims submitted after this period may not be accepted.

5.2 Third-Party Responsibilities

• Delays caused by carriers, customs inspections, or other third parties are beyond our control. This includes but is not limited to:

  • Carrier strikes under 29 U.S.C. § 185;
  • EU customs inspections under Union Customs Code Article 135;
  • Canadian Border Services Agency holds.
• We are not liable for additional costs (e.g., storage fees, redelivery charges) resulting from such delays. For EU/EEA consumers, this exclusion does not affect your right to terminate the contract under Directive 2011/83/EU Article 9(1) if delivery is delayed beyond 30 days from the order confirmation date.

5.3 International Orders

• Import Authorization:

  For cross-border deliveries, you appoint COOVAVO (or its designated agents) to act as your "importer of record" as defined in 19 CFR § 101.1 for customs clearance purposes only. Final determination of import eligibility remains with destination country authorities.

• Duties & Taxes:

  You are solely responsible for paying all applicable customs duties, value-added tax (VAT), goods and services tax (GST), and other import levies. These charges are not included in the product price. For EU shipments, VAT may be collected at checkout under the EU VAT e-commerce package (Council Directive (EU) 2020/285).

• Compliance:

  International shipments must comply with:

  • U.S. Export Administration Regulations (15 CFR § 730);
  • EU Dual-Use Regulation (Regulation (EU) 2021/821)
  • Canadian Export Control List (SOR/89-202);
  • Other applicable regulations.

  We reserve the right to cancel orders that violate sanctioned party lists (e.g., OFAC SDN List, EU Restrictive Measures).

6.1 Scope of Consent

By accessing or using the Site and/or Services, you expressly consent to receive electronic communications from COOVAVO, including but not limited to:

• Transactional notices (order confirmations, shipping updates, warranty information);
• Legal disclosures (Terms of Use updates, Privacy Policy revisions, product recalls);
• Service-related announcements (account security alerts, payment processing notifications);
• Commercial communications (product promotions, customer satisfaction surveys, newsletters).

6.2 Legal Compliance

Our communication practices comply with:

• U.S.: CAN-SPAM Act requirements for commercial email identification and opt-out mechanisms (15 U.S.C. § 7704(a)(5));
• Canada: CASL provisions distinguishing between implied consent for transactional messages and express consent for marketing (S.C. 2010, c. 23 § 6);
• EU/EEA: GDPR requirements for consent withdrawal and lawful basis for processing (Articles 7(3) and 6(1)(a)).

6.3 Communication Management

You may manage your communication preferences through:

• Clicking "Unsubscribe" in any marketing email (processed within 10 business days);
• Adjusting subscription preferences in your account settings;
• Contacting us at privacy@coovavo.com (we will respond within 72 hours).

Essential service communications (e.g., order confirmations, product safety alerts, policy updates, legal notices) will continue regardless of marketing preferences.

6.4 Electronic Transactions

Digital records of your interactions with our Site and/or Services constitute valid evidence under:

• U.S. E-SIGN Act standards for electronic signatures (15 U.S.C. § 7006);
• Canada's Uniform Electronic Commerce Act provisions (UECA s.11);
• EU eIDAS Regulation requirements for advanced electronic signatures (Regulation (EU) No 910/2014, Article 25).

6.5 Cross-Border Data Transfers

Electronic communications may involve international data transfers. These transfers are conducted in compliance with applicable data protection laws and implement appropriate safeguards as detailed in our Privacy Policy. For specific information about transfer mechanisms (including SCCs, IDTA, and PIPEDA requirements), please refer to the "International Data Transfers" section of our Privacy Policy.

7.1 Product Descriptions

We make every effort to ensure the accuracy of product descriptions, specifications, and images on the Site. However, we do not guarantee that all information on the Site is free of errors, complete, or up to date due to technical, typographical, informational, or other errors.

Product Image Disclaimer:

Product images are for illustrative purposes only. Actual delivered goods may differ in appearance, features, or specifications due to ongoing product upgrades, and such changes may occur without prior notice.

Pricing Disclaimers:

• Strikethrough prices indicate:

  • Our suggested retail price (SRP); or
  • The highest price at which we previously sold the product (if no SRP exists).
• "Flash Deals" or "Closeout" tags indicate temporary discounts. "Closeout" items may permanently retire or return to original pricing after promotion.

Errors & Remedies:

If a product is materially misdescribed, your sole remedy is to return it under our Return Policy. We are not liable for typographical, technical, or informational errors.

7.2 Pricing Policy

• Price Confirmation:

  Prices displayed on the Site are subject to change. The final price is confirmed at the time of order placement. We charge your payment method only after order processing begins, and we reserve the right to cancel orders in the event of pricing errors.

• Mispricing:

  If an item's correct price exceeds the listed price, we will:

  • Cancel the order and notify you; or
  • Contact you for approval before shipping.

• Regional Pricing:

  • U.S./Canada: Prices exclude taxes and shipping unless otherwise stated. Final charges will include applicable taxes (e.g., GST/HST, state/provincial sales tax).
  • EU/EEA: Prices include VAT. For international deliveries, customs fees and import taxes may apply as detailed in Section 5.3 (International Orders).

• Promotions:

  • Promo codes must be applied at checkout. Retroactive adjustments are not permitted.
  • We do not price-match competitors or our retail locations, except where required by applicable law (e.g., Regulation (EU) 2018/302 on unjustified geoblocking).

8.1 Accepted Methods

Through the Site and/or Services, we accept the following payment methods:

• Credit/Debit Cards (processed via Stripe);
• PayPal.

Regional Restrictions:

Certain payment methods may not be available in specific regions. Options will be displayed at checkout.

8.2 Security & Compliance

• U.S. & Canada: All transactions comply with PCI DSS standards to protect cardholder data.
• EU/EEA: Payments are processed in accordance with PSD2 regulations (Directive (EU) 2015/2366), requiring Strong Customer Authentication (SCA) under Regulatory Technical Standards (RTS 2018/389).

8.3 User Responsibilities

Unauthorized transactions must be reported immediately to your payment provider (e.g., bank, PayPal) in accordance with:

• Regulation E (12 CFR § 1005.6) for U.S. users;
• EU Payment Services Directive (2015/2366) Article 74;
• Canadian Payment Consumer Protection Code § 6.3.

8.4 Fees & Currency

• All prices are displayed in the checkout currency (e.g., USD, EUR, CAD).

• Cross-border transactions may incur currency conversion fees determined by:

  • Card networks (Visa/Mastercard exchange rates);
  • PayPal's conversion policies;
  • Stripe's cross-border charges (typically 1% of transaction value)

• Through the Services, we do not impose additional payment processing fees except for:

  • Installment plans (if offered);
  • Custom clearance facilitation fees for specific jurisdictions.

8.5 Disputes & Refunds

• Payment disputes (e.g., duplicate charges) must be resolved through the original payment channel.
• Refunds will be credited to the original payment account, with processing times varying by provider (typically 3 - 10 business days).

8.6 Data Handling

We retain only transaction metadata required for:

• Order fulfillment;
• Tax compliance;
• Regional VAT recordkeeping obligations.

Full payment credentials (e.g., card numbers, CVV/CVC codes) are securely stored and encrypted by our PCI DSS-certified third-party providers (Stripe, PayPal). We cannot access or reconstruct complete payment credentials at any stage of processing.

9.1 General Policy

Return Window:

• U.S.& Canada: Unused and unopened items may be returned within 30 days of delivery. Exclusions comply with the FTC's "Cooling-Off Rule" exceptions (16 CFR § 429) for in-person sales, as applicable for e-commerce under 16 CFR § 435.2.
• EU/EEA: You have a 14-day statutory withdrawal right under the Consumer Rights Directive (2011/83/EU), exercisable even if the outer packaging is opened, provided the product remains unused, in its original, unopened inner packaging with all seals intact, and in resalable condition, except for customized products or those explicitly excluded. Your statutory withdrawal right cannot be restricted for non-customized goods. We bear return costs only if the product is defective or misdescribed under Article 18(2) of Directive 2011/83/EU.

Conditions:

• Items must be in original packaging with proof of purchase.

• Return Shipping Costs:

  • For non-defective items in the EU/EEA, you bear return shipping costs unless the product is materially misdescribed or defective.
  • For U.S./Canada returns, you are responsible for return shipping unless the return is due to our error. This aligns with the Consumer Packaging and Labelling Act (R.S.C., 1985, c. C-38) for product integrity requirements.

Exclusions:

The following items are non-returnable unless defective:

• Consumables that have been used, have opened inner packaging, or have broken seals (e.g., ink cartridges, toner);
• Customized or personalized products;
• Items explicitly marked "Final Sale."

9.2 Refund Processing

• Refunds issued to original payment method within 3-10 business days (see Section 8.5 Disputes & Refunds);

• Partial refunds may apply for:

  • Missing components;
  • Damage from improper return packaging;
  • Restocking fees for bulk orders (>50 units).

9.3 How to Initiate a Return

• Submit a return request via returns@coovavo.com.
• Follow the instructions in your return authorization email.
• Ship the item to the provided address.

For full details, including dispute resolution and regional variations, review our Refund Policy.

9.4 Return Logistics

• Return Labels: For EU/EEA returns due to defects or misdescription, we will provide a prepaid return label via email. For other regions, contact returns@coovavo.com to request a label;
• Packaging Requirements: Items must be securely packaged to prevent damage during transit. We recommend insuring high-value shipments (>$500 USD);
• Hazardous Materials: Toner or battery returns must include UN-certified packaging as per IATA Dangerous Goods Regulations.

9.5 Non-Returnable Scenarios

Returns will be refused if:

• Product serial numbers are altered or removed;
• Non-defective consumables show signs of tampering (e.g., broken tamper-evident seals);
• Return initiated after 30 days (U.S./Canada) or 14 days (EU) unless required by warranty.

12.1 Ownership & Proprietary Rights

The Site, Services, and all content, materials, and features (including but not limited to text, graphics, logos, designs, software, product documentation, and technical specifications) (collectively "Materials") are owned or licensed by COOVAVO and protected by intellectual property laws worldwide, including without limitation copyright, trademark, patent, and trade secret protections. Except as expressly authorized in these Terms, you may not reproduce, modify, distribute, or create derivative works from the Materials on the Site and/or through the Services.

12.2 Trademarks

• COOVAVO Marks: The "COOVAVO" name, logo, and product names are trademarks or registered trademarks of COOVAVO. Unauthorized use (e.g., counterfeiting, cloning, or unauthorized resale) is strictly prohibited.
• Third-Party Marks: OEM trademarks, logos, or brands referenced on the Site are the exclusive property of their respective owners. COOVAVO does not claim affiliation with or endorsement by these entities.

12.3 Compatible Products Disclaimer

• Lawful Interoperability: Our products (including compatible consumables, ink cartridges, toner, and accessories) are designed for lawful interoperability with OEM devices.
• No Infringement: COOVAVO products do not incorporate OEM proprietary technology, patented designs, or trademarked branding.
• User Responsibility: You agree to use products solely for their intended purpose and in compliance with third-party intellectual property rights in your jurisdiction.

12.4 Legal Compliance

Our products comply with interoperability exemptions under:

• U.S. Digital Millennium Copyright Act § 1201(f) (reverse engineering exemption);
• EU Directive (EU) 2019/771 Article 6(2) (right to compatible spare parts);
• Canadian Copyright Act § 30.61 (interoperability exception).

12.5 OEM Trademark Usage

References to OEM brands strictly identify compatible equipment under:

• U.S. Lanham Act § 33(b)(4) (nominative fair use);
• EU Trademark Regulation 2017/1001 Article 14(1)(c) (descriptive use);
• Canadian Trademarks Act § 20(1.1) (comparative advertising).

12.6 Copyrights

All software, firmware, and documentation provided with products are licensed, not sold. You may use such materials only in connection with COOVAVO products. Unauthorized reproduction, distribution, or modification violates copyright laws and will terminates this license immediately.

12.7 User Restrictions

You agree not to:

• Use COOVAVO trademarks, logos, or product names in a way that implies affiliation with OEMs;
• Challenge COOVAVO's ownership of its intellectual property or assist others in doing so.

12.8 User-Generated Content (UGC)

12.9 Infringement Claims

12.10 Brand Protection

Prohibited activities include:

• Removing or altering product authentication codes, security labels, or tamper-evident seals
• Using COOVAVO trademarks, logos, or brand names in domain names or social media handles in violation of ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) or applicable trademark laws

12.11 Reservation of Rights

All rights not expressly granted herein are reserved by COOVAVO. Nothing in these Terms shall be construed to diminish any statutory rights you may have under applicable consumer protection laws.

13.1 Restrictions:

• You may not use the Site or Services for any commercial purpose not expressly authorized under this License without our prior written consent.
• Any unauthorized automated data extraction, including but not limited to web scraping or API misuse, is strictly prohibited.

13.2 Compatibility Focus:

This license expressly authorizes:

• Download of product safety documentation required under EU Machinery Directive 2006/42/EC and U.S. OSHA 29 CFR § 1910;
• Technical references for lawful interoperability with OEM devices under 17 U.S.C. § 1201(f).

13.3 Termination

Your rights under this license will automatically terminate upon:

• Any breach of Section 12 (Intellectual Property) or Section 15 (User Conduct);
• Unauthorized resale of products through third-party platforms violating Section 12.10 (Brand Protection).

14.1 No Endorsement; Disclaimer of Liability

• We provide Third-Party Services for informational and transactional convenience only. You acknowledge that:

  • We do not monitor, endorse, or guarantee the accuracy, legality, or quality of content on Third-Party Services;
  • We make no representations regarding the functionality, security, or compliance of Third-Party Services;
  • We do not verify the accuracy or safety of user-submitted technical advice on Third-Party Services;
  • We do not take responsibility for any goods, services, or claims made by Third-Party Services;
  • We do not control or accept responsibility for the privacy practices or terms of use governing Third-Party Services.

• DISCLAIMER OF LIABILITY

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COOVAVO DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO:

  • DATA SECURITY BREACHES UNDER PCI DSS STANDARDS;
  • TRANSACTION DISPUTES GOVERNED BY THIRD-PARTY TERMS;
  • INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS ARISING FROM COMPATIBILITY ASSERTIONS;
  • TECHNICAL MALFUNCTIONS CAUSED SOLELY BY THIRD-PARTY COMPONENTS.

• User Obligations

  Your use of Third-Party Services is at your own risk. You agree to:

  • Assume all risks associated with Third-Party Services;
  • Review the terms and policies of any Third-Party Service before engagement.

14.2 Legal Compliance

Our integration of Third-Party Services complies with:

• U.S.: FTC Endorsement Guides (16 CFR § 255) requiring clear distinction of third-party content;
• EU: Digital Services Act (DSA) (Regulation 2022/2065) Article 22 on intermediary liability;
• Canada: Competition Act S.74.011 prohibiting deceptive marketing practices.

15.1 Security Violations

You shall not:

• Attempt to breach or circumvent security measures of the Site or Services, including unauthorized access to systems, accounts, or networks;
• Probe, scan, or test vulnerabilities in our infrastructure without explicit authorization;
• Disrupt service functionality through distributed denial-of-service (DDoS) attacks, spamming, malware distribution, or similar acts;
• Forge headers or manipulate identifiers to disguise the origin of content transmitted through our Services.

15.2 Intellectual Property Infringements

You shall not:

• Copy, distribute, display, modify, or create derivative works from any Site or Services content (including product listings, descriptions, media, and code) without prior written consent;
• Use automated tools (e.g., scrapers, bots) to extract data outside the scope of legitimate procurement activities;
• Reverse-engineer, decompile, or disassemble any software, except as expressly permitted by law (e.g., EU Software Directive 2009/24/EC).

15.3 Fraudulent & Deceptive Acts

You shall not:

• Provide false, misleading, or incomplete information during account registration, transactions, or communications;
• Impersonate any individual, entity, or affiliate;
• Engage in fraud, including but not limited to unauthorized account access, identity theft, or credential falsification.

15.4 Privacy Violations

You shall not:

• Collect, store, or misuse personal information of other users without explicit consent;
• Use automated systems (e.g., crawlers, scripts) to gather data from the Site;
• Violate applicable privacy laws including GDPR (EU), PIPEDA (Canada), or CCPA/CPRA (California).

15.5 Unauthorized Commercial Use

You shall not:

• Resell products through unauthorized channels including third-party marketplaces (e.g., Amazon, eBay) without brand authorization;
• Transmit unsolicited promotional materials or spam through our systems;
• Use the Site or Services for counterfeit transactions or grey market distribution.

15.6 System Interference

You shall not:

• Overload infrastructure or interfere with normal operations (e.g., excessive API calls, data scraping);
• Bypass access controls, authentication mechanisms, or content protections;
• Employ framing techniques or mirror the Site without prior written consent.

15.7 Third-Party Rights

You shall not:

• Infringe patents, trademarks, copyrights, trade secrets, or other proprietary rights;
• Violate any individual's right of publicity or privacy;
• Post content that violates applicable laws or third-party agreements (e.g., defamation, hate speech).

15.8 Non-Discrimination

You shall not engage in any discriminatory practices based on protected characteristics as defined under applicable anti-discrimination laws, including but not limited to:

• U.S. Civil Rights Act of 1964 (race, color, religion, sex, national origin);
• EU Racial Equality Directive 2000/43/EC (racial/ethnic origin);
• EU Equal Treatment Directive 2000/78/EC (disability, age, sexual orientation, religion/belief);
• UK Equality Act 2010 (protected characteristics including gender reassignment, marriage and civil partnership);
• Canadian Human Rights Act (gender identity, sexual orientation, disability);
• Other protected classes under your jurisdiction's laws.

Prohibited conduct includes:

• Denying or restricting service based on protected characteristics;
• Posting or distributing discriminatory content in user-generated materials;
• Using biased algorithms or automated decision-making systems that result in unlawful disparate impact;
• Refusing transactions, product availability, or customer support based on protected traits.

15.9 Consequences of Violations

Any violation of this Section may subject you to:

• Civil liability under laws including:

  • DMCA (17 U.S.C. § 512);
  • EU Copyright Directive (2019/790);
  • FTC Act Section 5 (15 U.S.C. § 45);
  • Canada's Competition Act (S. 52).

• Criminal prosecution under statutes such as:

  • U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030);
  • Canada's Criminal Code (S. 342.1);
  • EU Cybersecurity Act (Regulation 2019/881).

• Immediate account suspension or termination, civil penalties up to $25,000 USD per violation, and reporting to regulatory authorities in accordance with:

  • EU Digital Services Act (DSA) (Regulation 2022/2065) Article 23;
  • U.S. FTC enforcement guidelines;
  • Provincial consumer protection laws in Canada.

16.1 NO WARRANTIES

THE SITE AND/OR SERVICES, INCLUDING ALL CONTENT, MATERIALS, AND FEATURES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOVAVO, ON BEHALF OF ITSELF, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES OF UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16.2 PRODUCT-SPECIFIC DISCLAIMERS

• COMPATIBILITY & INTENDED USE

  OUR PRODUCTS (INCLUDING COMPATIBLE CONSUMABLES, ACCESSORIES, AND COMPONENTS) ARE DESIGNED FOR USE WITH OEM DEVICES AS SPECIFIED IN THE PRODUCT LISTINGS AND TECHNICAL DOCUMENTATION. COMPATIBILITY WITH THIRD-PARTY MODIFIED, REFURBISHED, OR NON-OEM EQUIPMENT IS NOT GUARANTEED UNLESS EXPRESSLY STATED. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING COMPATIBILITY WITH YOUR EQUIPMENT PRIOR TO PURCHASE. WE DISCLAIM ANY LIABILITY FOR DAMAGE CAUSED BY USE WITH INCOMPATIBLE, MODIFIED, OR NON-OEM (ORIGINAL EQUIPMENT MANUFACTURER) DEVICES.

• PERFORMANCE VARIATIONS

  MINOR VARIATIONS IN PRODUCT PERFORMANCE (E.G., PRINT QUALITY, BATTERY LIFE, TOOL EFFICIENCY) MAY OCCUR DUE TO ENVIRONMENTAL FACTORS (E.G., TEMPERATURE, HUMIDITY) OR USER SETTINGS. SUCH VARIATIONS DO NOT CONSTITUTE DEFECTS UNLESS THEY MATERIALLY DEVIATE FROM SPECIFICATIONS.

• THIRD-PARTY COMPONENTS

  CERTAIN PRODUCTS MAY INCLUDE SOFTWARE, CHIPS, OR FIRMWARE ("SMART COMPONENTS") LICENSED FROM THIRD PARTIES. WE DISCLAIM LIABILITY FOR MALFUNCTIONS CAUSED SOLELY BY THESE COMPONENTS.

16.3 SERVICE AVAILABILITY

WHILE WE STRIVE TO ENSURE UNINTERRUPTED ACCESS TO OUR SERVICES, YOU ACKNOWLEDGE THAT TEMPORARY INTERRUPTIONS MAY OCCUR DUE TO:

• PLANNED MAINTENANCE:

  • FOR SCHEDULED MAINTENANCE EXCEEDING 30 MINUTES, WE WILL PROVIDE NOTICE THROUGH WEBSITE BANNERS AND REGISTERED EMAIL AT LEAST 24 HOURS IN ADVANCE;
  • EU/EEA CONSUMERS WILL RECEIVE ADDITIONAL NOTIFICATION VIA EMAIL AND ACCOUNT ALERTS IF DOWNTIME EXCEEDS 1 HOUR, IN COMPLIANCE WITH REGULATION (EU) 2019/1150 ARTICLE 15.

• THIRD-PARTY INFRASTRUCTURE:

  OUTAGES IN ESSENTIAL SERVICES (E.G., CLOUD HOSTING, CDN PROVIDERS, OR PAYMENT GATEWAYS) AS DETAILED IN SECTION 14.1(B). THIS EXCLUSION APPLIES WITHOUT PREJUDICE TO EU CONSUMERS' TERMINATION RIGHTS UNDER DIRECTIVE 2011/83/EU ARTICLE 9(1);

• FORCE MAJEURE EVENTS:

  AS DEFINED IN SECTION 22.3 (FORCE MAJEURE), INCLUDING BUT NOT LIMITED TO CYBERATTACKS AFFECTING SYSTEMIC AVAILABILITY;

• SECURITY INCIDENTS:

  SERVICE UNAVAILABILITY RESULTING FROM (A) DDOS ATTACKS EXCEEDING 50 GBPS, OR (B) UNAUTHORIZED ACCESS ATTEMPTS TRIGGERING AUTOMATED DEFENSE PROTOCOLS.

16.4 USER RESPONSIBILITY

YOU ACKNOWLEDGE AND AGREE THAT:

• YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK AND DISCRETION;

• YOU ARE SOLELY RESPONSIBLE FOR

  • ANY DAMAGE TO DEVICES, DATA LOSS, OR HARM ARISING FROM MISUSE, IMPROPER INSTALLATION, OR FAILURE TO FOLLOW SAFETY GUIDELINES;
  • PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD-PARTY PROPERTY CAUSED BY USE OF THE PRODUCTS;
  • TECHNICAL MALFUNCTIONS RESULTING FROM MODIFICATIONS BEYOND MANUFACTURER SPECIFICATIONS;
• WE ARE NOT LIABLE FOR FAILURES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL (E.G., NATURAL DISASTERS, GOVERNMENT ACTIONS, SUPPLY CHAIN DISRUPTIONS).;

16.5 SAFETY & REGULATORY COMPLIANCE

• HAZARDOUS MATERIALS: CERTAIN PRODUCTS (E.G., TONER, BATTERIES) MAY CONTAIN CHEMICALS THAT REQUIRE CAREFUL HANDLING. BY PURCHASING THESE PRODUCTS, YOU AGREE TO FOLLOW THE SAFETY GUIDELINES OUTLINED IN THE PRODUCT DOCUMENTATION AND DISPOSE OF MATERIALS IN ACCORDANCE WITH LOCAL REGULATIONS, INCLUDING:

  • FOLLOW HANDLING AND STORAGE INSTRUCTIONS PROVIDED IN THE SAFETY DATA SHEETS (SDS);
  • DISPOSING OF WASTE IN COMPLIANCE WITH LOCAL ENVIRONMENTAL REGULATIONS (E.G., WEEE DIRECTIVE, BATTERY DIRECTIVE 2006/66/EC);
  • ASSUMING LIABILITY FOR ANY INJURIES CAUSED BY IMPROPER HANDLING, INCLUDING PUNCTURING, INCINERATION, OR REVERSE-POLARITY INSTALLATION.
• COMPLIANCE: PRODUCTS COMPLY WITH APPLICABLE SAFETY STANDARDS (E.G., ROHS, REACH, FCC).

YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH DESTINATION COUNTRY REGULATIONS.

17.1 SCOPE OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOVAVO, ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO:

• YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND/OR SERVICES, OR PRODUCTS;
• UNAUTHORIZED ACCOUNT ACCESS, USER MISCONDUCT, OR THIRD-PARTY ACTIONS, INCLUDING LOSSES DUE TO PHISHING, HACKING, OR CREDENTIAL THEFT;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE;
• ANY INCOMPATIBILITY, MISUSE, OR MODIFICATION OF PRODUCTS (E.G., NON-OEM DEVICES, REFILLED CARTRIDGES, OR UNVERIFIED COMPATIBLE ACCESSORIES).

THIS LIMITATION APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF COOVAVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 LIABILITY CAP

EXCEPT WHERE PROHIBITED BY LAW, COOVAVO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS (OTHER THAN INTELLECTUAL PROPERTY MISAPPROPRIATION CLAIMS COVERED UNDER SECTION 19 PRE-ESTIMATED DAMAGES FOR INTELLECTUAL PROPERTY MISAPPROPRIATION) ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO COOVAVO FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM WITHIN THE 12 MONTHS PRECEDING THE INCIDENT; OR
• $100 USD PER CLAIM.

17.3 JURISDICTIONAL EXCEPTIONS

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE PROHIBITED BY LOCAL LAW, INCLUDING BUT NOT LIMITED TO:

• GENERAL EXCLUSIONS

  • DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;
  • FRAUD OR FRAUDULENT MISREPRESENTATION;
  • ANY LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED UNDER APPLICABLE LAW.

• REGIONAL EXCEPTIONS

  EU/EEA:

  • STATUTORY CONSUMER RIGHTS UNDER DIRECTIVE 93/13/EU (UNFAIR TERMS) AND DIRECTIVE 2019/770 (DIGITAL CONTENT);
  • PRODUCT LIABILITY CLAIMS UNDER DIRECTIVE 85/374/EEC ARTICLES 6-8 (DEFECT CAUSATION ANALYSIS).

  U.S.:

  • WARRANTY CLAIMS UNDER MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. § 2301);
  • BREACH OF DATA PROTECTION OBLIGATIONS UNDER CCPA § 1798.150.

  CANADA:

  PROVINCIAL CONSUMER PROTECTION LAWS INCLUDING QUEBEC CIVIL CODE ART. 1733.

• CROSS-JURISDICTIONAL PRESERVATION

  THIS SECTION SHALL BE INTERPRETED WITHOUT PREJUDICE TO MANDATORY CONSUMER RIGHTS IN ANY APPLICABLE JURISDICTION.

17.4 ESSENTIAL BASIS OF AGREEMENT

THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIABILITY LIMITATIONS SET FORTH IN THIS SECTION 17 CONSTITUTE A FUNDAMENTAL AND ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM. IN JURISDICTIONS WHERE PERMITTED BY APPLICABLE LAW, THE PARTIES FURTHER AGREE THAT FOR BUSINESS USERS (B2B TRANSACTIONS), THESE LIMITATIONS SHALL OVERRIDE ANY CONTRARY DOMESTIC LAW PROVISIONS TO THE MAXIMUM EXTENT PERMITTED UNDER THE UNCITRAL MODEL LAW ARTICLE 28(4). THIS ACKNOWLEDGMENT SHALL NOT AFFECT THE APPLICATION OF MANDATORY CONSUMER RIGHTS PRESERVED UNDER SECTION 17.3 (JURISDICTIONAL EXCEPTIONS).

18.1 Scope of Indemnity

You agree to defend, indemnify, and hold harmless COOVAVO, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Protected Parties") from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or related to:

• Your access to or use of the Site, Services, or Products;
• Your breach of these Terms or any applicable laws/regulations;
• Your infringement of third-party rights (including intellectual property, privacy, or publicity rights);
• Any disputes between you and third parties relating to the Site and Services.

This indemnification obligation specifically includes legal costs under:

• U.S.: California Civil Code § 1717 (prevailing party attorney fees);
• Canada: Ontario Courts of Justice Act s.131 (costs discretion);
• EU: Directive 2020/1828 Article 9(4) (consumer exception preserved).

18.2 Defense Control

The Protected Parties reserve the right, at their sole discretion, to:

• Assume exclusive defense and control of any matter subject to indemnification (without limiting your indemnification obligations);
• Require your full cooperation in the defense of such claims, including providing documents, evidence, and witness assistance.

18.3 Settlement Restrictions

You may not settle any claim involving the Protected Parties without their prior written consent. Any unauthorized settlement shall void your indemnification rights under this clause.

18.4 Jurisdictional Limitations

This indemnity is subject to the following jurisdictional restrictions:

• U.S.: Excludes liability arising solely from COOVAVO's gross negligence or willful misconduct under California Civil Code § 1668 and similar state laws.
• Canada: Limited to the extent permitted by provincial consumer protection laws (e.g., Ontario Consumer Protection Act, S. 7).
• EU/EEA: Does not apply to consumers for claims covered by mandatory protections under Directive 93/13/EEC (unfair terms) or GDPR Article 82 (data breach liability).

19.1 Scope of Application

This clause applies exclusively to business users (B2B) and excludes consumers (B2C) in jurisdictions where such distinction exists under applicable law (e.g., EU Directive 2019/770 Article 2(4)). It also overrides the liability cap in Section 17 (Limitation of Liability) for intellectual property claims.

19.2 Damage Calculation Basis

You acknowledge that unauthorized use of Site content (including but not limited to product descriptions, technical specifications, and product images) would cause damages that are inherently difficult to quantify due to:

• Cross-border brand dilution risks under Paris Convention Article 6bis;
• Negative impacts on search engine optimization (SEO) rankings in accordance with Google Search Essentials guidelines;
• Loss of competitive advantage in global e-commerce markets.

19.3 Pre-Estimated Compensation

For each infringing act (defined as unauthorized replication/use of 200 or more words of text or one or more images/graphics), you agree to pay:

• Tier 1 (Non-Commercial Use): $2,000 USD per item
• Tier 2 (Commercial Use): $5,000 USD per item

Relation to Liability Cap

These liquidated damages are separate from and not subject to the liability cap in Section 17 (Limitation of Liability). They apply as a standalone remedy for intellectual property misappropriation.

19.4 Jurisdictional Adjustments

• EU/EEA Business Users:

  • Compensation capped at 80% of the annual license fee for comparable content under Directive (EU) 2019/790 Article 12;
  • Minimum €1,000 per infringement.

• Canada (Provincial Variations):

  • Quebec: Subject to provincial proportionality reviews under Québec Civil Code Art. 1623;
  • Ontario: Enforceable under Bankruptcy and Insolvency Act S.178(1) insolvency exceptions.

19.5 Reasonableness Declaration

The Parties expressly confirm that the above amounts:

• Represent a genuine pre-estimate of harm under UCC § 2-718(1);
• Are not punitive under Cal. Civ. Code § 1671(b);
• Comply with Unfair Terms Directive 93/13/EEC for B2B contracts.

19.6 Preservation of Rights

This clause shall not preclude COOVAVO from seeking:

• Injunctive relief under DMCA § 512(j);
• Statutory damages under Copyright Act (Canada) s.38.1;
• Account of profits under EU Enforcement Directive 2004/48/EC Article 13.

20.1 Jurisdictional Hierarchy

• Default Governance:

  • Business Users (B2B): These Terms and any disputes arising from your use of the Site and/or Services hereunder shall be governed by the laws of Shenzhen, China, excluding conflict of law principles.

  • Consumers (B2C Transactions):

    • U.S. Residents: Governed by California law (Cal. Civ. Proc. Code § 410.10);
    • Canadian Residents: Governed by Ontario law (Courts of Justice Act, R.S.O. 1990);
    • EU/EEA Residents: Governed by the laws of your country of residence under Regulation (EU) No 1215/2012 (Brussels I bis).

20.2 Multistep Dispute Process

• Mandatory Negotiation: Both parties must engage in good-faith negotiations for at least 60 days before initiating formal dispute resolution proceedings.

• Mediation

  If negotiations fail, disputes shall proceed to mediation as follows:

  • Non-EU Parties: CIETAC Mediation Rules (2024 Edition), with mediation conducted via video conference for non-Chinese parties.
  • EU Consumers (B2C Transactions): Access the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr under Directive 2013/11/EU to resolve disputes out of court.
  • EU Business Users (B2B): Mediation conducted by EU-registered providers under Directive 2008/52/EC, with proceedings via videoconference.
  • USMCA Regions: AAA Commercial Mediation Procedures.
• Initiation of Mediation: Either party may initiate mediation by providing written notice to the other party. If mediation does not resolve the dispute within 30 days, arbitration proceedings may commence.

20.3 Arbitration Mechanism

• Scope: Applies to commercial claims unless prohibited by local consumer law, including but not limited to:

  • EU consumer disputes: In compliance with Directive 2013/11/EU Article 6(1), EU consumers must be informed of available alternative dispute resolution (ADR) options. Under Directive 93/13/EEC Article 3(1), EU consumers may opt out of arbitration by either (i) selecting the opt-out checkbox during registration or (ii) requesting a pre-filled objection email via legal@coovavo.com and confirming it within 30 days. This opt-out right will be clearly presented during account registration with a bolded notice.
  • Canadian class actions under relevant provincial statutes (e.g., BC Class Proceedings Act, Alberta Consumer Protection Act § 27(3)).

• Arbitration Rules:

  • Global Default: UNCITRAL Arbitration Rules;

  • Regional Options:

    • Americas: JAMS Streamlined Rules;
    • EU: DIS Supplementary Rules;
    • Asia: HKIAC Expedited Procedure.

• Cost Allocation:

  • Claims up to or less $10,000 USD: We will cover 75% of arbitration fees;
  • Claims exceed $10,000 USD: Fees will be split equally, based on the ICC Cost Calculator;
  • EU Consumers: Arbitration fees shall not exceed 15% of the claim value or €500, whichever is lower, in compliance with Directive 2013/11/EU Annex I(b).
• Cost Transparency: Consumers will receive an estimated breakdown of arbitration costs before initiating proceedings.

20.4 Litigation Safeguards

• Consumer Protections:

  • EU/EEA Consumers: May file claims in local courts under Brussels I bis Article 18. If litigation is initiated, arbitration will pause for 90 days to allow for local court proceedings.
  • California Residents: Exempt from arbitration for small claims (< $12,500) under Cal. Civ. Proc. Code § 116.221(a).
  • Quebec Consumers: Local courts have jurisdictional priority in consumer-related cases under CCQ Art. 3149.

• Injunctive Relief

  Either party may seek interim relief from:

  • China: Shenzhen Intermediate People's Court;
  • EU: Courts in the relevant EU Member State under Regulation (EU) No 1215/2012.
  • U.S.: Northern District of California under 28 U.S.C. § 1651.
  • Canada: Provincial superior courts under provincial civil procedure rules.

20.5 EU Online Dispute Resolution (ODR)

If you are a consumer residing in the European Union (EU) or European Economic Area (EEA), you may use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes related to online purchases. This platform serves as a single entry point for consumers and traders seeking out-of-court settlements.

• ODR Platform Link: ec.europa.eu/consumers/odr
• Applicability: This option is available for disputes arising from contracts concluded online.

You are not obligated to use this platform, and it does not preclude your right to pursue other legal remedies. For further details, refer to Section 20.2 (Arbitration Mechanism).

20.6 Class Action Waiver

• Binding Effect:By using the Site and Services, users waive the right to initiate or participate in class or collective actions, except where prohibited by local law:

  • EU:Dutch Act on Collective Damages (WCAM);
  • Canada:Québec Code of Civil Procedure Art. 571 and Alberta Consumer Protection Act (waiver invalid under Consumer Protection Act § 27(3)).
• Batch Arbitration: If more than 20 related claims arise, they will be processed in batch arbitration, resolving up to 10 cases sequentially. The resolution period for all cases shall not exceed 180 days from the first filed case, unless local consumer law dictates otherwise.

20.7 Cross-Border Enforcement

Awards may be enforced under:

• China:NYC Convention (subject to reciprocity reservations).
• EU:Brussels I Regulation (EU) No 1215/2012 Article 36.
• USA:Federal Arbitration Act (FAA) Chapter 2 (9 U.S.C. § 201).

20.8 Data Privacy Disputes

• U.S. (California): Data breach claims may be filed in California Superior Courts under CCPA § 1798.150;
• EU: Data privacy claims may be brought in EU Member State courts under GDPR Article 79;
• These rights apply regardless of arbitration clauses in this Agreement.

21.1 Right to Modify Terms

We reserve the sole and exclusive right to amend, modify, or update these Terms at any time, in our discretion. Such changes may reflect legal, operational, or technical requirements and will apply prospectively unless expressly stated otherwise.

21.2 Notice of Changes

We shall provide notice of material changes through the following methods:

• Electronic notification to the email address registered with your account at least thirty (30) days before the changes take effect; and
• Posting a revised version with an updated "Last Updated" date at the top of these Terms.

For purposes herein, "material changes" shall mean modifications that materially affect your rights or obligations, including but not limited to: pricing structure, dispute resolution mechanisms, or data usage policies.

Non-material changes (e.g., grammatical corrections, administrative clarifications) will become effective immediately upon posting.

21.3 No Retroactive Application

Amendments to these Terms will not apply retroactively to any disputes, claims, or transactions arising prior to the effective date of such amendment. Your continued use of the Site and Services after the effective date constitutes acceptance of the revised Terms, provided that with respect to any existing purchase orders:

• The version of Terms in effect at the time of order placement shall govern that specific transaction;
• Any warranty claims shall be adjudicated under the Terms valid during the warranty activation period.

21.4 Access to Prior Versions

Archived versions of these Terms will be maintained commencing September 5, 2025 and made available upon request via email to legal@coovavo.com. Requests will be processed within thirty (30) business days.

We retain prior versions for the following minimum periods:

• EU/EEA: 5 years to comply with commercial documentation requirements under Directive 2019/771;
• U.S.: 4 years aligned with UCC § 2-725 statute of limitations;
• Canada: 3 years per provincial business record retention laws.

21.5 User Responsibility

You acknowledge that it is your responsibility to review these Terms periodically for updates. Failure to receive a notification regarding the Site and/or Services does not absolve you of this obligation.

22.1 Entire Agreement

These Terms of Use, together with the Privacy Policy and any other documents expressly incorporated herein by reference, constitute the entire agreement between you and COOVAVO regarding your access to and use of the Site and/or Services. This Agreement supersedes all prior or contemporaneous oral or written agreements, understandings, negotiations, and discussions between the parties relating to the subject matter hereof, except:

• Written ancillary agreements signed by both parties that expressly govern specific transactions; or
• Mandatory consumer protections under applicable law that cannot be contractually waived.

No course of dealing or usage of trade shall be used to modify these Terms. This clause shall not affect the validity of any clickwrap/shrinkwrap agreements governing software embedded in physical products.

22.2 Assignment

• You may not assign or transfer any rights under these Terms without our prior written consent, except to successor entities through mergers
• COOVAVO may freely assign these Terms, including to affiliates or acquirers, without requiring your consent.

22.3 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions;
• War, terrorism, civil commotion, or armed conflict;
• Government actions, including export/import restrictions or trade embargoes;
• Epidemics, pandemics, or public health emergencies;
• Labor disputes, strikes, or lockouts;
• Critical infrastructure failures affecting internet connectivity or power grids;
• Cyberattacks causing systemic platform unavailability.

The affected party shall:

• Notify the other party within seven (7) days of the force majeure event's occurrence;
• Use commercially reasonable efforts to mitigate the impact;
• Resume performance promptly after the event's cessation.

If the force majeure persists for more than sixty (60) consecutive days, either party may terminate affected orders without liability, except for refund obligations under Section 9 (Returns & Refunds).

22.4 Severability

If any provision of these Terms is held invalid or unenforceable by a court or other competent authority:

• The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable under applicable law, while preserving the Parties' original intent to the fullest extent possible;
• The remaining provisions shall remain in full force and effect without being impaired or invalidated;

• This severability clause shall apply in all jurisdictions where the Services are offered, including but not limited to:

  • U.S.: In compliance with the severability doctrine under U.S. federal law and state statutes (e.g., Cal. Civ. Code § 1599);
  • Canada: Under provincial interpretation acts (e.g., Ontario's Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, s. 64);
  • EU/EEA: In accordance with the principle of partial nullity under Directive 93/13/EEC Article 4(2).

22.5 Survival

The following provisions shall survive any termination or expiration of these Terms:

• Fundamental Obligations: Sections 3 (Accounts and Registration), 10 (Privacy Policy), 12 (Intellectual Property), 17 (Limitation of Liability), 18 (Indemnification), and 22 (Miscellaneous Provisions);
• Specialized Clauses: Section 19 (Pre-Estimated Damages for Intellectual Property Misappropriation) shall remain independently enforceable;
• Transactional Matters: Unfulfilled payment obligations under Section 8 (Payment);
• Dispute Framework: The dispute resolution mechanisms in Section 20 (Governing Law and Dispute Resolution), except as limited by applicable consumer laws;
• Post-Termination Liabilities: Any right of action accruing prior to termination, including but not limited to breach remedies and indemnification claims.

This survival clause supersedes and replaces any prior survival provisions elsewhere in these Terms.

22.6 Third-Party Rights

• Affiliates, licensors, and suppliers ("Protected Parties") are express third-party beneficiaries of Sections 12 (Intellectual Property), 17 (Limitation of Liability), and 18 (Indemnification). Protected Parties may directly enforce and rely upon these provisions as though they were original parties to this Agreement. This right persists notwithstanding any termination of your relationship with COOVAVO.
• EU Exception: Consumers' mandatory rights under Directive (EU) 2019/2161 are not affected.

22.7 Waivers

No waiver of any breach shall be deemed a waiver of subsequent breaches. Waivers must be in writing and signed by both parties to be effective (UCC § 1-306; Ontario SGA s.54).

22.8 Headings

Section titles are for organizational purposes only and do not affect interpretation (Art. 5.1.5 UNIDROIT Principles).

23.1 Termination Rights

• By COOVAVO: We may, at our sole discretion, suspend or terminate your access to the Site and Services immediately without notice if:

  • You materially breach these Terms (including prohibited uses under Section 15 User Conduct);
  • Required by law or regulatory authority (e.g., OFAC sanctions, GDPR Article 17 erasure requests);
  • We discontinue the Services in your jurisdiction.
• By Users: You may terminate your account at any time by submitting a request to privacy@coovavo.com. EU/EEA consumers have additional withdrawal rights under Directive (EU) 2011/83 Article 9(1).

23.2 Effect of Termination

• Access Cessation: All licenses granted under Section 13 (License) terminate immediately.

• Data Retention:

  • U.S. & Canada: User-generated content may be retained for 90 days post-termination for legal compliance (e.g., FTC Business Guidance).
  • EU/EEA: Personal data will be erased within 30 days unless retention is required under GDPR Article 6(1)(c).

23.3 Service Modifications

We reserve the right to:

• Modify or discontinue any Services feature without liability, with 30 days' prior notice for EU consumers (Regulation (EU) 2019/1150 Article 15);
• Implement technological measures to prevent unauthorized access (e.g., IP blocking, device fingerprinting).

23.4 Jurisdictional Variations

• EU/EEA: Termination for convenience requires 14 days' notice for consumers under Directive 2019/770 Article 16.
• Canada: Quebec consumers may terminate for non-conforming goods under CCQ Art. 1723 within 1 year.
• U.S.: California users retain implied warranty rights under Song-Beverly Act § 1792.