Terms of service
Last Updated: December 12, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THESE TERMS OF SERVICE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE TO THE ARBITRATION OF ALL DISPUTES AS FURTHER DESCRIBED IN SECTION 19 (DISPUTE RESOLUTION) BELOW.
1. OVERVIEW.
Unless otherwise expressly stated, these terms of service (these “Terms of Service”) represent a legally binding agreement between Hypoxic Wellness Pty Ltd, for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Company”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://leonyx.com, and of our other affiliated websites, subdomains, mobile versions, applications (including, without limitation, the Leonyx Hypoxic Wellness App), and online media under our operation and control (collectively, the “Service”). When you see the word “use” or “using,” we mean any time you or any other visitor or user directly or indirectly, attempts to or actually does access, interact with, display, view, browse, print, copy, transmit, receive, or exchange data, messages, or content or you otherwise communicate with us or anyone else, including, without limitation, another user, advertiser, or any person, company, or other entity you may encounter on or through the Service (to the extent facilitated by the Service’s functionalities), or utilize, benefit, take advantage of, or interact any feature, function, or service or activity, promotion, or other content of, on, or available through the Service (together with the Service, the “Content”), for any purpose.
By accessing and using the Service, you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Service, the Privacy Policy, and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use the Service (collectively, the “Additional Terms”), which are expressly made part of your legal agreement with Company; (ii) that unless you immediately stop using or trying to use the Service, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Service, the Privacy Policy, and the Additional Terms, as applicable; and (iii) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. As set forth in the Privacy Policy, the Service is not intended for children younger than the age of eighteen (18) and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children younger than the age of eighteen (18). Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case may be.
As used herein, our “Partners” refers to Company and our suppliers, vendors, sponsors, advertisers and other promotional and advertising partners, operational service providers, licensors, licensees, agents, representatives, successors, and assigns and each of their respective parent, subsidiary, and affiliate companies.
2. CHANGES TO THE SERVICE AND TERMS OF SERVICE.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms and conditions of these Terms of Service or any Additional Terms that apply to you, as well as the Service and/or any Content. We display the effective date of these Terms of Service at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS OF SERVICE OR ADDITIONAL TERMS WILL APPLY IMMEDIATELY UPON POSTING THEM TO THE SERVICE. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to these Terms of Service and Additional Terms, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of these Terms of Service and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you.
3. SERVICE TESTING.
From time to time, we may test various aspects of the Service, including the platform, user interfaces, service levels, and features associated therewith, and we reserve the right to include you in or exclude you from these tests without notice.
4. USER PRIVACY AND OUR PRIVACY POLICY.
By accessing and using the Service, you are agreeing to be bound by the Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.
5. ACCOUNT INFORMATION.
In order to use most aspects of the Service, a user is required to purchase a monthly subscription (each, a “Subscription”) via the Service, and following the purchase of a Subscription, to register for and maintain an active user account (each, an “Account”).
In connection with your purchase of a Subscription, and as further described in our Privacy Policy, you will be asked to supply Company’s third-party payment processor, Shopify, Inc. (“Payment Processor”) with certain information relevant to your transaction, including, without limitation, your name, email address, information about your form of payment (i.e., credit card, payment card, or other payment method and the expiration date and security/CVV code, if applicable), the billing address associated with such form of payment, and other related information (collectively, “Transaction Information”). BY PROVIDING COMPANY WITH ANY TRANSACTION INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICE AND TO PROVIDE COMPANY WITH ALL RELATED TRANSACTION INFORMATION.
When you purchase a Subscription, your method of payment will continue to be charged on a monthly basis until you cancel your Subscription. Your Subscription will automatically renew on a monthly-basis until you cancel such Subscription. To cancel a Subscription, you must log into your Account and follow the instructions provided. If you have any issues canceling your Subscription, please contact us at hello@leonyx.com, and we will endeavor to assist you. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of your then-current Subscription term, at which point your Subscription, and the benefits received in connection therewith, will expire. The Subscription will not be renewed when your then-current Subscription term expires.
You remain responsible for any uncollected amounts in connection with your Subscription. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Subscription until we have successfully charged a valid method of payment. For some methods of payment, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your method of payment. Check with your method of payment service provider for details.
Company reserves the right to alter the Subscription fees, at any time, in its sole discretion. If Company does alter the Subscription fees, we will provide you with notice thereof, and your continued payment of the Subscription fees will indicate your acceptance thereof.
Account Information
When you create an Account via the Service you must provide us with complete and accurate information, and certain other Personal Information pertaining to you as set forth in more detail in the Privacy Policy (collectively, “Account Information”). You must provide us with Account Information as requested when registering an Account and, thereafter, as and when requested or enabled by Company from time to time and, to the extent the Service allows, you may also choose to save and store within your Account certain Account Information. By providing Company with any Account Information, you grant to us and to all other persons, companies, and other entities involved in the operation of the Service the right to use, store, monitor, retrieve, and transmit such Account Information in connection with the operation of the Service and as otherwise provided herein and in the Privacy Policy, which sets forth our information collection and use policies with respect to the privacy of your Account Information. You acknowledge, consent, and agree that we may access, preserve, and disclose your Account Information and your Content if required to do so by Applicable Law, or if we believe in good faith that such access preservation or disclosure is reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms of Service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; (iv) respond to any Claim that Content violates the rights of third parties; (v) provide certain customized features of the Service to you, if any; or (vi) protect the rights, property, or personal safety of Company, any one or more of our Partners, other users, and the public.
We reserve the right to immediately terminate your Account at our sole discretion and without prior notice to you including, for example, if you violate these Terms of Service. Accounts terminated by us for any type of abuse, including, without limitation, a violation of these Terms of Service, may not be reactivated. Upon termination of your Account, your Subscription will also be terminated.
6. PRODUCTS PURCHASE POLICY.
Payments for Products and Purchase Agreement
Users may purchase Products from Company, via the Service. As used herein, “Products” means Company’s lineup of wellness studios, including the Studio Basecamp, Studio Ascent, and Studio Peak (each, a “Wellness Studio”) as well as other related fitness and wellness products offered by Company, via the Service. Except where expressly accompanied by “Wellness Studio,” each reference to “Products” in these Terms shall be deemed to include “Wellness Studio.”
When you purchase Products via the Service, and as further described in our Privacy Policy, you will be asked to supply the Payment Processor with your Transaction Information. BY PROVIDING THE PAYMENT PROCESSOR WITH ANY TRANSACTION INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICE AND TO PROVIDE THE PAYMENT PROCESSOR WITH ALL RELATED TRANSACTION INFORMATION.
You agree to pay all fees and charges, including, without limitation, all shipping and handling charges, that may be incurred by you or on your behalf through the Service (including through your Account), at the prices and amounts in effect when such fees and charges are incurred and you authorize the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, payment card, or other payment method specified at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Products Availability
Products displayed or advertised on the Service may be out of stock, discontinued, or otherwise unavailable. Sometimes you may add Products to your cart but, by the time you check out and your order processes, the Products may no longer be available for purchase; if that happens, we will notify you via email at the email address associated with your Account or provided by you at the time of checkout and either (i) direct the Payment Processor to issue a refund to your original form of payment (to the extent payment has been processed) for the unavailable Products, or (ii) assist you in modifying your order to replace the unavailable Products with suitable alternative Products and then either direct the Payment Processor to issue a refund to your original form of payment for the difference in price if the replacement Products is of lesser value or charge your original form of payment the difference in price if the replacement Products is of greater value.
Products Pricing, Information, and Descriptions
Prices for Products displayed on the Service are quoted in U.S. Dollars and are subject to change at any time. We make every effort to display Products and their qualities and attributes, such as their colors, sizes, textures, and appearance, as accurately as possible on the Service. However, you should be aware that the displayed qualities and attributes of the Products depend upon a variety of factors out of our control, including users’ monitors or mobile device screen resolution, physical environment while viewing Products through the Service, and other factors, so we cannot guarantee that the qualities and attributes of Products will always be accurately portrayed on the Service. If you have any questions about any the qualities and attributes of any specific Products, please do not hesitate to contact us and our customer service team will do their best to assist you.
Company is not responsible for typographical errors, inaccuracies, or omissions on the Service pertaining to Products and its availability, price, or descriptions, qualities, or attributes. As a result, we do not guarantee the accuracy or completeness of any information on the Service, including prices, Product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order for Products).
Wellness Studio Delivery Timeline
Company will use commercially reasonable efforts to deliver each Wellness Studio within approximately four (4) to ten (10) months from the date of purchase, subject to timely receipt of all required Transaction Information and related payments from you. You acknowledge that this delivery window is an estimate only and may be affected by factors outside Company’s control, including but not limited to supply chain delays, manufacturing constraints, shipping or transportation issues, availability of third-party contractors, permitting requirements, or unforeseen logistical challenges, or delays resulting from the imposition of new or increased tariffs. COMPANY MAKES NO GUARANTEE THAT ANY WELLNESS STUDIO WILL BE DELIVERED WITHIN A PARTICULAR TIMEFRAME, AND COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM OR RELATING TO ANY DELAY IN DELIVERY.
Without limiting the foregoing, you acknowledge and agree that delays caused by events of force majeure – including acts of God, natural disasters, labor disputes, governmental actions, changes in law, imposition of new or increased tariffs, embargoes, or other events beyond Company’s reasonable control – shall excuse Company from performance for the duration of such event and may extend the estimated delivery timeline of Wellness Studios.
Returns and Exchanges of Products
ALL SALES OF WELLNESS STUDIOS AND OTHER PRODUCTS ARE FINAL. COMPANY DOES NOT ACCEPT RETURNS AND, EXCEPT AS EXPRESSLY SET FROTH IN COMPANY’S REFUND POLICY, COMPANY DOES NOT PROVIDE REFUNDS FOR ANY WELLNESS STUDIOS OR OTHER PRODUCTS. Company’s Refund Policy is available on the Service at https://leonyx.com/policies/refund-policy and is hereby incorporated by reference into this Purchase Policy. By purchasing Products through the Service or otherwise directly from Company, you are agreeing to be bound by the Refund Policy. Please read the Refund Policy carefully before purchasing any Products.
Disclaimer of Warranties
COMPANY PROVIDES THE WELLNESS STUDIOS AND PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WELLNESS STUDIOS OR PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WELLNESS STUDIOS OR PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE WELLNESS STUDIOS OR PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS, BENEFITS, OR OUTCOMES – INCLUDING ANY HEALTH, FITNESS, OR WELLNESS EFFECTS – WILL BE ACHIEVED THROUGH USE OF THE WELLNESS STUDIO OR ANY OTHER PRODUCTS. BY USING THE WELLNESS STUDIO AND/OR OTHER PRODUCTS, YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DEFECTS, MALFUNCTIONS, OR INTERRUPTIONS IN THE OPERATION OF THE WELLNESS STUDIO OR ANY OTHER PRODUCTS.
Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WELLNESS STUDIO AND RELATED PRODUCTS INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, HEALTH COMPLICATIONS, OR PROPERTY DAMAGE. SUCH RISKS MAY BE HEIGHTENED BY UNDERLYING MEDICAL CONDITIONS, IMPROPER USE, OR FAILURE TO FOLLOW SAFETY INSTRUCTIONS. YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND AGREE THAT YOUR USE OF THE WELLNESS STUDIO AND RELATED PRODUCTS IS AT YOUR SOLE RISK.
No Guarantee of Results
COMPANY DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES, BENEFITS, OR HEALTH IMPROVEMENTS FROM USE OF THE WELLNESS STUDIO AND RELATED PRODUCTS, AND ANY STATEMENTS REGARDING POTENTIAL EFFECTS ARE FOR INFORMATIONAL PURPOSES ONLY. RESULTS MAY VARY DEPENDING ON INDIVIDUAL HEALTH CONDITIONS, ADHERENCE TO SAFETY PROTOCOLS, AND OTHER FACTORS BEYOND COMPANY’S CONTROL, AND SHOULD NOT BE CONSTRUED AS GUARANTEES OF ANY KIND.
7. COMMUNICATIONS FROM COMPANY.
By registering or creating an Account, you may be automatically subscribed to receive certain email notifications from us (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see the section of the Privacy Policy entitled “Email Notifications and Opt Out.”
8. OWNERSHIP OF CONTENT; USER CONTENT.
The Service and, except as described below, all Content is either the property of Company, our Partners, or our other users and is protected by Applicable Law. To avoid any doubt, when we use “Content,” it includes, but is not limited to, such things as software, code, design; images, photographs, video and audio-visual material, and graphic material; and other proprietary information, data, and databases; Trademarks (as defined below), and the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of the Service. All Trademarks remain owned by, and used by us under license from, their respective owners.
To the extent the Service contains interactive areas where users can submit or upload their own content, materials, information, text, feedback, Products reviews, data, copyrights, Trademarks, designs, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”), you retain ownership to any and all of your own User Content and these Terms of Service do not deprive you or any holder of your or their rights therein and thereto.
When you do submit or provide User Content, you are giving us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon, and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to grant us such license. If you do not have the right (or if you are not certain whether you have the right) to license your User Content to us in accordance with the foregoing terms, do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Service in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICE, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
You may only use our Content and third-party User Content for your own personal use and you have no right to transfer, assign, or use any of the foregoing for any other purpose or allow or enable any other person, company, or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content or User Content that is not yours without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content or User Content with others. Unauthorized or prohibited use of Content or User Content may subject you to civil liability, criminal prosecution, or both under Applicable Law. Notwithstanding the foregoing, please also see section of the Privacy Policy entitled “Your Rights” for a description of how you may protect your Personal Information.
9. PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT.
Digital Millennium Copyright Act
Company respects the intellectual property rights of others and asks that you do the same. If you believe that your User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the "DMCA"), you should provide the following information to Company’s registered agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material (i.e., third-party User Content) you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by you (i.e., the copyright owner), your agent, or applicable law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Company’s designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:
Leonyx Hypoxic Wellness
c/o Zuzana Jara
Attn: DMCA Registered Agent
25 Berrywood Lane
South Hamilton, MA 01982
United States of America
Failure to include all the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in you having to repeat some or all the above processes. If Company receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Company will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. Company will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Company may, at Company’s discretion, deny access to the Services by users who may have infringed the copyright(s) of others.
Counter-Notification
If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing Company’s designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that Company enforces a policy that provides for the termination, in appropriate circumstances, of users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, Company suggests that you first contact an attorney. To expedite Company’s ability to process your counter-notification, Company asks that you please do the following: (i) identify the specific URLs of (or other information sufficient to allow Company to identify) the User Content that Company has removed or to which Company has disabled access; (ii) provide your full name, address, telephone number, and email address; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification to Company’s agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Leonyx Hypoxic Wellness
c/o Zuzana Jara
Attn: DMCA Registered Agent
25 Berrywood Lane
South Hamilton, MA 01982
United States of America
After Company receives your counter-notification, Company will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when Company forwards the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. Company will not forward the counter-notification to any party other than the original claimant. After Company sends out the counter-notification, the claimant must then notify Company within ten (10) days that they filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content. If Company receives such notification, Company will be unable to restore the items. If Company does not receive such notification, Company may, but is not obligated to, reinstate the disputed item(s).
If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that Company enforces a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. If you are not sure whether User Content posted by you is being infringed, or if you are otherwise unsure of whether to file a counter-notification using these procedures, Company strongly recommends that you first contact a lawyer knowledgeable in the copyright laws of the United States. If you do wish to file a counter-notice, then you should follow the process for counter-notifications set forth above. COMPANY IS NOT YOUR ATTORNEY, AND THE INFORMATION COMPANY PRESENTS HERE IS NOT LEGAL ADVICE. COMPANY PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.
10. USAGE RULES.
We reserve the right to deny you access to any and all parts of the Service for any reason and at our sole discretion. We do not assume any responsibility to monitor User Content for accuracy or unacceptable use, nor will any User Content be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at hello@leonyx.com and we reserve the right to block transmission of, and or remove any User Content that you post to the Service for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any User Content that you post to the Service is not confidential and that the following rules shall apply to your use of the Service.
You may never use, allow or enable or knowingly condone any other person, company, or other entity to use, the Service to do or attempt to any of the following, for any reason:
● violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or the rights of any other person, company, or other entity;
● engage in conduct that is libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
● transmit, post, or submit through the Service any false, misleading, or spam reviews;
● impersonate any other person, company, or other entity or any of our or their employees and agents or otherwise use any fake, false, or fictitious names or profiles;
● use the Service for posting or otherwise using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Service;
● gain unauthorized use of the Service, other users’ Accounts or Account Information, names, login or password information, or Personal Information or use the Service in any manner which violates or is inconsistent with the provisions or spirit of these Terms of Service;
● modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, company, or other entity;
● access, copy, reproduce, use, or create derivative works of any Content or textual information pertaining thereto or images or photos thereof, Trademarks, User Content, or any other content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, or other intellectual property of any kind or nature uploaded to, or contained in, the Service, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;
● collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view, or display the Service, the Content, or any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, company, or other entity;
● engage in any activity or fail to report any activity involving spam, junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
● use any robot, spider, or other automated means to access, scrape, harvest, or mine the Service, the Content, or the services made available through the Service.
Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms of Service and may constitute a violation of Applicable Law.
11. TRADEMARKS.
Unless otherwise disclosed, all the trademarks, service marks, brand names, logos, insignia, symbols, Product or service names, and company names (collectively, “Trademarks”) displayed on the Service are registered and unregistered trademarks of Company or one or more of our Partners. Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without the express written permission of, with respect to our Trademarks, Company or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as expressly provided in these Terms of Service, any use of the Trademarks is expressly prohibited.
12. FEEDBACK.
You agree that, with respect to any feedback or suggestions provided by you to Company or our Partners, (collectively, “Feedback”), YOU HEREBY GRANT TO COMPANY THE EXCLUSIVE PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ANY REMUNERATION, COMPENSATION, OR CREDIT TO YOU. You represent and warrant that you have the right to make the foregoing grant to Company and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
13. TERMINATION.
You agree that Company may terminate your access to the Service or any Account you may have, or any portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that we shall not be liable to you or any third party for any such termination. Company reserves the right to modify, suspend, or discontinue the Service and/or access to it at any time, for any reason or no reason, without prior notice to you, and Company will not be liable to you should we exercise such rights, even if your use of the Service is impacted by the change. These remedies are in addition to any other remedies we may have at law, in equity, or under these Terms of Service or any of the Additional Terms, all of which shall be cumulative.
14. INDEMNIFICATION.
By using the Service, you agree to indemnify, defend, and hold harmless Company and each of its Partners and each of their respective officers, directors, stockholders, managers, members, partners, joint venturers, employees, independent contractors, operational service providers, consultants, licensors, licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the “Indemnitees”) from and against from and against any and all losses, damages, liabilities, penalties, fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs, arising from or relating to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a “Claim”), brought or asserted by a third party to the extent arising from (i) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, or obligation of these Terms of Service or any of the other Additional Terms; (ii) your use or misuse of the Service, Content, User Content, or your dealings with third parties, including, without limitation, other Users arising from your use of the Service; (iii) any violations, or allegation which if true would constitute a violation, of Applicable Law; and (iv) any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE BARGAIN.
ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SERVICE FROM TIME TO TIME, PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON THE SERVICE AT YOUR OWN RISK.
THE SERVICE, PRODUCTS, AND THE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SERVICE OR THE PRODUCTS WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SERVICE AND THE CONTENT THEREON ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER COMPANY NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, FOR OURSELVES AND ON BEHALF OF OUR PARTNERS AND OTHER INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE, THE PRODUCTS, OR FROM THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY, MEDICAL CONDITIONS, HEALTH COMPLICATIONS, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR ANY LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, COMPANY AND OUR PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED FIFTY U.S. DOLLARS ($50.00).
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16. THIRD-PARTY LINKS.
The Service may contain links to or advertisements for websites operated by third parties and, therefore, not owned or controlled by Company. The links to, and advertisements concerning, third-party websites, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.
17. GEOGRAPHIC DISCLAIMER.
We make no representations that the Service is appropriate or available for use in locations outside of the United States. Access to the Service and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all Applicable Law.
18. GOVERNING LAW.
These Terms of Service shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed, and wholly performed within the State of New York. The Uniform Computer Information Transactions Act does not apply to these Terms of Service.
19. DISPUTE RESOLUTION.
Any and all disputes, claims, or controversies arising out of or relating to this Agreement shall be submitted for arbitration, which shall be conducted in accordance with the then-current Comprehensive Arbitration rules and procedures of JAMS before a single arbitrator. The arbitration will take place in the County of New York, New York unless the parties agree to video, phone, or internet connection appearances. The Federal Arbitration Act, 9 U.S.C. §§1-15, not state law, shall govern the arbitrability of all disputes in respect hereof, and judgment upon the award rendered may be entered and enforced in a court, whether Federal or state, having jurisdiction over the parties. The arbitrator shall not have authority to award punitive damages, or any other types of damages excluded under this Agreement. The arbitrator’s award shall be final and binding. Each party shall bear its own costs and attorney’s fees and shall share equally in the fees and expenses of the arbitrator.
20. WAIVERS OF CERTAIN LEGAL RIGHTS.
YOU AGREE THAT YOU WILL ONLY SUE COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES AS AN INDIVIDUAL, AND THAT YOU WILL NOT FILE A CLASS ACTION OR PARTICIPATE IN A CLASS ACTION AGAINST ANY ONE OR MORE OF SUCH PARTIES.
No claim or action relating in any way to this Terms of Service, the Privacy Policy, Additional Terms, the Service, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.
21. RIGHT TO NOTIFY TO LAW ENFORCEMENT.
If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, company, or other entity, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of Service, the Privacy Policy, Additional Terms, the Service, the Content, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms of Service or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.
22. ENTIRE AGREEMENT.
These Terms of Service, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with us regarding the Service, the Content, and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.
23. SEVERABILITY.
The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Service is severable and shall not affect the rest of these Terms of Service. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.
24. ASSIGNMENT.
We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Service or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Service or any of the Additional Terms to anyone else.
25. WAIVER.
Any provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms of Service or any of the Additional Terms will not constitute a waiver of such right or provision.
26. NOTICES.
We may deliver notice to you under these Terms of Service or any of the Additional Terms by means of email, a general notice on the Service, or written communication delivered by First-Class U.S. Mail to your address on record in your Account, if any. You may give notice to us at any time by letter delivered by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following address:
Hypoxic Wellness Pty Ltd.
Attn: Legal
730 Pacific Pde
Currumbin, QLD 4223, Australia
27. NOTICE FOR CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to receive information on how to resolve a complaint regarding the Service or to receive further information regarding use of the Service. Such complaints or requests may be submitted to Company by email at hello@leonyx.com.
If you have any questions about these Terms of Service, please contact Company by email at hello@leonyx.com.
© 2026 Hypoxic Wellness Pty Ltd. All rights reserved.