Terms of service
1. Agreement to These Terms
This website, cerviaco.com (the "Site"), is operated by Cervia ("we," "us," "our"). By visiting the Site, purchasing from us, or using any of our services, you agree to these Terms of Service ("Terms"). If you do not agree, please do not use the Site. We may update these Terms at any time by posting the revised version here, and your continued use of the Site after changes are posted constitutes acceptance of those changes.
2. Eligibility
By using this Site you confirm that you are at least 18 years old, or the age of majority in your place of residence, and legally capable of entering into a binding agreement.
3. Our Products and Wellness Disclaimer
Cervia products are designed for general wellness, comfort, and relaxation. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Nothing on this Site constitutes medical advice. Individual results vary. If you are pregnant, have a medical condition, use an implanted electronic device such as a pacemaker, or have any health concerns, consult your physician before use. Always follow the included instructions, and stop use and consult a doctor if you experience discomfort.
4. Orders, Pricing, and Payment
All prices are listed in US dollars unless otherwise displayed. We reserve the right to refuse, limit, or cancel any order at our sole discretion, including orders that appear to be placed by resellers or bots. If we cancel an order, we will notify you at the email provided and refund any amount charged.
Prices, promotions, and product availability may change at any time without notice. In the rare case of a pricing or listing error, we reserve the right to cancel the affected order and issue a full refund, even after an order confirmation has been sent.
You agree to provide current, complete, and accurate purchase and account information, and to promptly update it as needed so we can complete your order and contact you if necessary.
5. Shipping and Delivery
Shipping timelines, carriers, and tracking are described in our Shipping Policy. Delivery estimates are good-faith estimates, not guarantees. Risk of loss passes to you upon delivery to the address you provided. We are not responsible for delays caused by carriers, customs, weather, or incorrect addresses supplied at checkout.
6. Returns, Refunds, and Trial
Returns and refunds, including our 100-night home trial, are governed by our Refund & Return Policy, which forms part of these Terms. Please review it before purchasing.
7. Warranty
Cervia devices include a 1-year limited warranty against manufacturing defects, starting on the delivery date. The warranty covers defects in materials and workmanship under normal home use. It does not cover damage from misuse, accidents, unauthorized modification, water exposure, or normal wear. To make a warranty claim, email support@cerviaco.com with your order number and photos or video of the issue. Remedy is repair, replacement, or refund at our discretion. This warranty gives you specific rights, and you may have other rights that vary by jurisdiction.
8. Accuracy of Site Information
We work hard to keep the Site accurate, but content may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to update or cancel affected orders without prior notice. The Site's content is provided for general information and is not a substitute for professional advice.
9. Reviews, Comments, and Submissions
If you submit reviews, photos, videos, comments, or other content to us or post them about our products (together, "Submissions"), you grant Cervia a perpetual, worldwide, royalty-free, transferable license to use, reproduce, edit, publish, and display those Submissions in any media, including our Site, ads, and social channels, without compensation or further consent. You confirm your Submissions are your own, are accurate, do not violate any third-party rights, and contain nothing unlawful or misleading. We may monitor, edit, or remove Submissions at our discretion but are not obligated to do so.
10. Intellectual Property
All content on this Site, including text, graphics, logos, product names, images, page designs, and code, is the property of Cervia or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, sell, or exploit any portion of the Site or its content without our express written permission.
11. Prohibited Uses
You may not use the Site or our products: for any unlawful purpose; to infringe our or any third party's intellectual property; to transmit malware or any disruptive code; to scrape, harvest, or collect data from the Site; to interfere with the Site's security features; to submit false or misleading information; or to purchase for unauthorized resale. We may terminate your access to the Site for violating any of these Terms.
12. Third-Party Links and Tools
The Site may contain links to third-party websites or make third-party tools available (for example, payment providers). We are not responsible for the content, accuracy, or practices of third parties, and your use of third-party sites and tools is at your own risk and subject to their terms.
13. Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy.
14. Disclaimer of Warranties
Except as expressly stated in these Terms, the Site and our products are provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will be uninterrupted, secure, or error-free, or that results from using our products will meet your expectations.
15. Limitation of Liability
To the fullest extent permitted by law, Cervia, its owners, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our products. Our total liability for any claim shall not exceed the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify and hold harmless Cervia and its owners, employees, and partners from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or your violation of any law or third-party right.
17. Severability and Waiver
If any provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the fullest extent permitted and the remaining provisions stay in full effect. Our failure to enforce any provision is not a waiver of it.
18. Governing Law
These Terms and any separate agreements through which we provide products are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.
19. Entire Agreement
These Terms, together with our Refund & Return Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and Cervia regarding the Site and supersede any prior agreements.
20. Contact
Questions about these Terms can be sent to support@cerviaco.com.