Terms of service
OVERVIEW
Welcome to GetMelody! The terms “we”, “us” and “our” refer to GetMelody. GetMelody operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). GetMelody is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
1.1. You, Us, and this Document. This document, (the Terms,) relates to the use of the
Melody website (the “Service”) and the sale of products on the website (“Products”). The
Service is provided to you by us, Haptics Interactive ltd, Spyrou Kyprianou, 79 Protopapas BLD,
3076 Limassol, Cyprus (“we,” “us,” or “our”) and, unless otherwise set forth on the Service, the
Products are sold by us.
1.2 Accepting These Terms. By placing an order or using the Service, you agree to be
bound by these terms. If you do not agree, you may not use the Service or purchase Products.
1.3 Preliminary Notice Regarding Dispute Resolution. These Terms contain a binding
arbitration clause and a class action waiver. This affects your legal rights to resolve disputes.
1.4 Your Information Our Privacy Policy explains how we treat your personal data. You
should make sure to read and fully understand the Privacy Policy before using the Service. We
may change the Privacy Policy (and our use of your personal data) from time to time at our
discretion. Upon account deletion, we retain personal data only as necessary for legal,
regulatory, or legitimate business purposes, after which it will be securely deleted.
1.5 Special Limits of Liabilities and Disclaimers. These Terms also include certain liability
limitations and legal disclaimers that limit our liabilities. These limits and disclaimers apply,
without limitation, also when you are using the Service with physical equipment that could
potentially cause injury. Subject to those provisions in these Terms, your use of the Service is at
your own risk, and we do not assume any liability except as explicitly set forth herein.
2. Eligibility
2.1 Age Requirement. You must be at least 18 years old, or the age of majority in your
jurisdiction, whichever is higher to Purchase Products.
2.2 Age Verification. The use of certain features may require Age Verification. You may have
to use a third-party Age Verification service to verify your age. Should you fail to verify your Age,
certain features may not be available. We will have no liability to you for such limitations.
3.1 Registration. You may be required to create an account. You are responsible for
maintaining the confidentiality of your login credentials and for all activities that occur under your
account.
3.2 Termination. We reserve the right to suspend or terminate your account at our discretion
if we suspect fraudulent activity or a breach of these Terms.
4.1 Pre-Orders. Products labelled as “Pre-Order” are currently in development or production.
Features and final specifications may evolve during the development or manufacturing process.
4.2 Immediate Payment. By placing a Pre-Order you expressly authorise us to charge your
payment method immediately for the full purchase price.
4.3. Delivery Estimates. Any shipping dates provided are estimates only. While we aim to
ship within six (6) months of your order, delays may occur. Your sole remedy in case of delay is
to cancel your order for a full refund.
4.4 Pricing and Taxes. Prices are inclusive of VAT and duties for EEA customers, unless
stated otherwise. Other customers are responsible for applicable sales tax, customs or import
duties unless expressly stated otherwise.
5.1. Pre-Order Cancellation. You may cancel your Pre-Order for a full refund at any time
before the shipping preparation process begins. Once an item is marked "Preparing for
Shipment," the standard return policy applies.
5.2. HYGIENE POLICY. Due to the intimate nature of the Products, they are delivered in
packaging with a protective hygiene seal.
The Right of Withdrawal/Return is strictly VOID once the hygiene seal is broken,
tampered with, or unsealed. * Pursuant to Article 16(e) of the EU Consumer Rights
Directive, we cannot accept returns of unsealed goods for health and hygiene reasons.
5.3. Sealed Returns. If you are a consumer in the EEA or UK, you have a 14-day window
from the date of delivery to return the Product only if it remains in its original, unopened, and
factory-sealed packaging. You are responsible for return shipping costs.
5.4. Faulty Goods. If a Product is defective upon arrival or fails due to a manufacturing defect
within the statutory warranty period, please contact support for a repair or replacement. This
does not cover damage from improper use or cleaning. Your statutory rights are unaffected.
6.1. Additional Services Required. You acknowledge that certain advanced features of the
Product (including but not limited to content synchronization, remote control, and interactive
scripts) require:
(a) A stable internet connection and compatible mobile or desktop hardware; and
(b) Registration for an account with an affiliated or third-party content platform.
6.2. Separate Agreements. Access to these features is subject to the Terms of Service and
Privacy Policy of the respective service provider. Use of the hardware Product does not
automatically grant you a subscription or access rights to any paid content or premium features
on third-party platforms.
modification, suspension, or termination of any third-party content service does not constitute a
defect in the hardware Product and does not entitle you to a refund of the hardware purchase
price.
7.1 Ownership. We own all rights, titles and interests in the Melody brand, and the Product’s
proprietary technology and firmware.
7.2 Restrictions. You may not reverse-engineer, decompile or attempt to extract the source
code of the Product’s firmware or related Software.
7.3. Open Source Software. The Product’s firmware may contain third-party open-source
software components. Each such component is subject to its own applicable license terms. Any
required secondary licenses, attributions, and copyright notices are provided either in the
Product documentation, within the mobile application, or on a dedicated "Open Source" page on
our website. To the extent required by the licenses accompanying such open-source software,
the terms of such licenses will apply in lieu of these Terms.
8.1 Use at Your Own Risk. The use of intimate devices involves inherent physical risks. You
are responsible for following all safety and cleaning guidelines provided with the Product.
Consult a medical professional if you have health concerns.
8.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS
PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, EXCEPT
FOR MANDATORY CONSUMER GUARANTEES.
8.3. Cap on Liability. Our total liability for any claim arising from your purchase is limited to the
amount you paid for the Product. We are not liable for indirect, incidental, or consequential
damages.
9.1 Privacy Policy. We process your data in accordance with our privacy policy.
10.1. Governing Law. These Terms are governed by the laws of Cyprus.
10.2. Mandatory Arbitration. Any dispute arising from these Terms shall be settled by binding
arbitration in Cyprus under the JAMS International Arbitration Rules.
regions, the following applies. We prefer to resolve issues directly. Please contact us via
CUSTOMER SERVICE LINK to share your concerns. If you are a consumer residing in these
regions, nothing in these Terms limits any mandatory rights you may have under applicable
consumer protection laws. Residents of the EEA may also seek to resolve disputes through
authorized alternative dispute resolution providers in their respective countries.
11.1. Severability. If any part of these Terms is found unenforceable, the remainder remains
in effect.
11.2. Entire Agreement. This document constitutes the entire agreement regarding your
purchase.