Terms of service

Welcome to NYLO. These Terms of Service (the "Terms") are a legal agreement between you and NYLO Inc ("NYLO," "we," "us," or "our"), a corporation organized under the laws of the State of California, United States. They govern your access to and use of the website at nylo.us (the "Site") and any purchase you make from us.

NYLO designs and sells premium sheer pantyhose and sheer underwear made for men. These are intimate apparel items. Please read these Terms carefully, along with the policies they reference, because they contain important information about your rights and obligations, including a section on dispute resolution.

A note on how to read this document. We have written it in plain English and kept it as short as it responsibly can be. Where these Terms limit what we promise or what we are responsible for, they never take away rights that you have under the law of your country that cannot be waived or limited by agreement. If anything here conflicts with a mandatory consumer right that applies to you, that mandatory right wins.

A note on contact. We keep our service discreet and handle every question by email. You can reach us at support@nylo.us, and a real person will help.

1. Agreement to these Terms

By creating an account or placing an order, you agree to be bound by these Terms and by all policies referenced in them, including our Shipping Policy, our Refund Policy (titled "Returns, Replacements, and Refunds"), and our Privacy Policy. Those referenced policies are part of these Terms. When you place an order, our checkout shows a clear notice that your order is subject to these Terms, with a link to them, next to the button you use to complete your purchase. If you do not agree to these Terms, please do not create an account or place an order.

These Terms apply to every visitor, user, and customer of the Site. If you are placing an order on behalf of a business or another person, you confirm that you have authority to accept these Terms for them, and "you" includes them.

These Terms contain, in Section 20, a binding arbitration agreement and a class-action waiver that affect how disputes between you and NYLO are resolved, including a 30-day right to opt out. Please read Section 20 carefully. Nothing in these Terms affects your access to any mandatory consumer dispute forum or remedy that the law of your country provides. The headings in these Terms are for convenience only and do not affect their meaning.

2. Eligibility and age (18+)

NYLO sells intimate apparel, so you must be at least 18 years old to use the Site, to create an account, and to place an order. You must be at least 18 even if the age of majority where you live is lower. By using the Site or placing an order, you confirm that you are at least 18 years old, that the information you give us is true, and that you can form a binding contract with us.

The Site and our products are not directed to anyone under 18, and we do not knowingly sell to anyone under 18. If we learn that an order was placed by someone under 18, we may cancel that order. If you are under 18, please do not use the Site.

3. Online store terms and general conditions

NYLO is a direct-to-consumer brand offering premium sheer pantyhose and sheer underwear made for men. We are based in California. Our products are designed in California and shipped from the United States. We sell and ship to customers in more than 180 countries.

You agree to use the Site only for lawful purposes and in line with these Terms. You agree not to use our products or the Site for any unlawful or prohibited purpose, and not to violate any law in your jurisdiction (including intellectual property, export, and consumer protection laws). You agree not to transmit any malware or code of a destructive nature.

We may, at our discretion and at any time, update, change, suspend, or discontinue any part of the Site or any product, and we may decline to provide the Site or our products to any person, for any lawful reason. You understand that your content (not including payment card information) may be transferred unencrypted and may involve transmission over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks, as described in Section 7.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or our content, except as expressly permitted by us in writing. None of this affects an order we have already accepted, except as these Terms and the referenced policies allow, and none of it limits any non-waivable right you may have under applicable law.

4. Accounts and accurate information

You may browse and purchase without an account, or you may create an account to make checkout faster, to track orders, and to manage any recurring plan. If you create an account, you are responsible for keeping your password confidential and for all activity that occurs under your account. Please tell us promptly at support@nylo.us if you believe your account has been used without your permission.

You agree to provide current, complete, and accurate purchase and account information for every order, and to keep it up to date, including your name, a valid email address (we communicate by email), your billing details, and your shipping address. An accurate shipping address is the single biggest factor in your order reaching you smoothly. We may refuse, cancel, or hold an order where the information provided is incomplete, inaccurate, or cannot be verified, and we are not responsible for orders that fail or are delayed because the information you provided was inaccurate or incomplete.

We may refuse to create, or may reclaim or reassign, an account or username at our discretion. You are responsible for any loss arising from unauthorized use of your account that results from your failure to keep your credentials secure, and you agree to notify us promptly of any unauthorized use. Except to the extent applicable law provides otherwise, we are not liable for any loss caused by someone using your account before you notify us. You may close your account at any time by emailing us. We may suspend or close an account as described in Section 22.

5. Products and services

Availability. Products are offered subject to availability and may be limited in quantity, changed, or discontinued at any time. Listing a product on the Site is not a guarantee that it will be available when you order.

Colors and representation. We work hard to show our products accurately, including their color, sheerness, and finish. Even so, we cannot guarantee that your device's display shows color or detail exactly, and sheer fabric in particular can read differently under different light, against different skin tones, and depending on how the fabric is stretched. Some natural variation between what you see on screen and the item you receive is normal and is not a defect. This does not limit any non-waivable right you may have under applicable law, and it does not affect our Refund Policy where an item is genuinely defective.

Sizing. Our sheer pantyhose are offered in Standard and Tall. Our sheer underwear is offered in L and XL. Size details appear on each product page. We do not warrant that any product description, sizing guidance, or other content on the Site is complete, reliable, current, or error free.

The right to limit, refuse, or cancel. We reserve the right, at any time and without prior notice, to limit the quantity of any product we sell (including limits per customer, per household, per order, or per shipping address), to limit or discontinue any product, to refuse, limit, reduce, or cancel any order in whole or in part, and to restrict sales to any person, dealer, reseller, geographic region, or jurisdiction. We may do this, for example, where there appears to be an error, where quantities exceed what we make available, where an order looks fraudulent or abusive, or where we cannot verify the information provided. If we cancel an order you have already paid for, we will refund the amount you paid for the cancelled portion to your original payment method.

Made-to-order items. Some styles are made to order and carry a slightly longer lead time before they ship. Where that applies, it is noted on the product page and in your order confirmation, so you know before you buy. A made-to-order item can be cancelled for a full refund any time before it ships. Once a made-to-order item has shipped, our Refund Policy applies to it.

6. Pricing, currency, and errors

All prices are shown and charged in United States dollars (USD) unless clearly stated otherwise. Prices, promotions, and product availability are subject to change at any time without notice, up until the time you place your order, and we are not obligated to honor a price after it has changed. Taxes, shipping charges, and any customs duties or import charges are additional, as described in Section 7 and in our Shipping Policy.

Despite our care, the Site may occasionally contain an error in a price, a description, an image, or availability, and information may become out of date. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, at any time without prior notice, including after you have submitted an order.

If a product's correct price or information differs from what was shown because of a typographical, pricing, photographic, or description error, we reserve the right to refuse or cancel any order placed for that item, even after the order has been placed and confirmed, and whether or not your payment method has been charged. If your payment method has already been charged for an order we then cancel for this reason, we will issue a full refund of the amount you paid to your original payment method, and we will let you know. We are not obligated to honor an order placed at an incorrect price. Nothing in this section limits any non-waivable right you may have under applicable law.

7. Orders, payment, and billing

Your order is an offer. When you place an order, you are making an offer to buy. An order confirmation email acknowledges that we have received your order; it does not by itself constitute our acceptance. A contract of sale is formed only when we accept your order, which we may do by dispatching it to you or by sending a separate message confirming acceptance, whichever happens first. Until then, we may decline or cancel an order, in whole or in part, for any lawful reason, including the reasons set out in Sections 5 and 6. Where we decline or cancel after payment, we refund the amount paid for the affected items to your original payment method.

Payment. Payments are processed through Shopify and its third-party payment processors. By placing an order, you authorize us and our payment processors to charge your selected payment method for the total order amount, including the product price, any applicable shipping, and any applicable taxes. You confirm that you are authorized to use the payment method you provide. NYLO does not itself store full payment card numbers. Card details are handled by our payment processors under their own terms and security standards, and as described in our Privacy Policy.

Taxes. You are responsible for any sales, use, value added, or similar taxes that apply to your order. Where we are required to collect such tax, it is calculated and shown at checkout based on your destination and applicable law.

Customs and duties. For international orders, customs duties, import taxes, and similar charges are set by your destination country, are not included in the price you pay us or in the shipping cost shown at checkout, and are the responsibility of the customer. Please see our Shipping Policy for details on customs and duties. (Where these charges are mentioned elsewhere in these Terms, this section and the Shipping Policy govern.)

Fraud prevention. We use reasonable measures to detect and prevent fraud, and we may hold, verify, refuse, or cancel any order we reasonably believe to be fraudulent, unauthorized, or in breach of these Terms.

Discreet billing. Every order ships in plain, unbranded packaging. We configure billing so that your card or bank statement reflects only "NYLO," with no product or category detail. (Where the billing descriptor is mentioned elsewhere in these Terms, this section governs.)

8. Shipping and delivery

How your order is packed, what shipping costs, the available options, the free-shipping threshold, and what happens if an order is delayed, lost, or returned to us are all set out in full in our Shipping Policy, which forms part of these Terms. Please refer to that policy and to the amounts shown at checkout for the current details, rather than relying on any figures restated elsewhere.

All delivery times shown anywhere on the Site are estimates and not guarantees, and they begin once your order has shipped, not when you place it. Once a parcel leaves us, transit is in the carrier's hands.

As a legal default, and to the extent permitted by applicable consumer protection law, risk of loss and title pass to you upon our delivery of the products to the carrier. This sets the legal default only. It does not reduce our voluntary make-right commitment: where a carrier confirms that your order was lost in transit or not delivered, our Refund Policy (Returns, Replacements, and Refunds) explains how we make it right. Where applicable consumer protection law keeps risk of loss with us until you receive the goods, that law controls.

We ship from the United States to more than 180 countries. Every order ships in plain, unbranded packaging.

9. Returns, replacements, and refunds

Returns, replacements, refunds, and defective, damaged, or incorrect items are governed by our Refund Policy, titled "Returns, Replacements, and Refunds," which forms part of these Terms. Please read it in full for the situations we handle, the time windows that apply, and exactly how to start a claim. In summary, and without limiting that policy:

A full refund is always available for a genuine, verified defect. For a verified NYLO-fault problem (a manufacturing defect found before wear, damage in transit, or the wrong item), the standard remedy is a refund or store credit, at your choice, and you will not be left out of pocket on a problem that is ours.
Replacements are arranged within the United States only and are never reshipped internationally. For an international order, the remedy for a verified defect is a refund.
Defect, damage, or wrong-item claims must be raised within 7 days of the delivery date shown by the carrier, with the photo and order details described in the policy.
An unopened, change-of-mind or sizing return may be requested within 14 days of receipt while the item is still sealed in its original packaging.
EU and UK customers have a 14-day cooling-off right as described in the policy.
Because this is intimate apparel, any hosiery or underwear that has been opened, tried on, or worn is final sale for hygiene reasons. This is standard practice across the hosiery and intimate apparel industry, and it protects every customer. Your rights regarding a genuinely faulty item always stand.

Your statutory rights. Nothing in these Terms or in the Refund Policy limits or removes any right you have under applicable consumer law that cannot be waived. Consumers in the European Union, the United Kingdom, Australia, Canada, and other jurisdictions keep the full benefit of any non-waivable consumer guarantees or remedies their law provides. Where a mandatory remedy under your local law is more favorable to you than what this section describes, that mandatory remedy applies.

10. Subscriptions and recurring orders

Some products are available on a recurring basis. If you enroll in a recurring plan, you authorize us and our payment processors to charge your payment method on the stated interval at the then-current price until you cancel. Before you enroll, we disclose the billing amount, the billing frequency, and the renewal date, and your enrollment is an affirmative, separate choice at checkout. Your subscription renews automatically until you cancel it.

You may cancel at any time before the next billing date, either through your account on our store or by emailing support@nylo.us, effective for all future charges. Cancellation is easy and takes effect without penalty. We will notify you of any price change before it takes effect. Orders that have already shipped are governed by our Refund Policy (Returns, Replacements, and Refunds), which has a section on subscriptions and recurring orders. Nothing in this section limits any non-waivable right you have under applicable automatic-renewal or consumer law, including California's Automatic Renewal Law.

11. Gift cards and store credit

Gift cards and store credit are issued subject to these Terms and our Refund Policy. They are redeemable only toward purchases on the Site, are not redeemable for cash except where required by law, and cannot be reloaded, resold, or transferred for value. Store credit does not expire. We are not responsible for lost or stolen codes. Nothing in this section overrides any non-waivable right you have under applicable gift-card law.

12. Intellectual property

The Site and its contents, including the NYLO name, logos, and other trademarks and trade dress, text, graphics, product and lifestyle photography, video, illustrations, layout, and design, as well as marketing content created with the assistance of artificial intelligence tools, are owned by or licensed to NYLO Inc and are protected by copyright, trademark, and other intellectual property laws. "NYLO" and our logos are trademarks of NYLO Inc. All rights not expressly granted are reserved.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the Site and its content for your own personal, non-commercial use in connection with browsing and buying our products. This license does not permit you to:

copy, reproduce, republish, frame, distribute, sell, license, rent, or otherwise exploit any content of the Site;
use any content for any commercial purpose without our prior written consent;
scrape, harvest, data-mine, or otherwise systematically collect content from the Site, whether by automated means or otherwise; or
use our names, marks, or branding in a way that is likely to cause confusion or to imply an affiliation or endorsement that does not exist.

You may not remove or alter any copyright, trademark, or other proprietary notice. Any unauthorized use ends the license granted above.

Copyright complaints (DMCA). We respect intellectual property rights and respond to clear notices of alleged copyright infringement. If you believe content on the Site infringes your copyright, email support@nylo.us with: identification of the copyrighted work you say has been infringed; identification of the material you say is infringing and where it is located on the Site; your name, address, and email so we can contact you; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove or disable access to material we believe in good faith to be infringing, and in appropriate cases we may terminate the accounts of repeat infringers.

13. User content and submissions

You may have the chance to submit content such as reviews, ratings, photos, comments, and feedback ("User Content"). You keep ownership of your User Content. By submitting it, you grant NYLO Inc a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display that User Content in any media, in connection with our business, our products, and our marketing, without further compensation, attribution, or notice to you, to the extent permitted by applicable law and consistent with our Privacy Policy. Where your User Content includes your image or other personal information, our use of it is also governed by our Privacy Policy and by any consent you give.

You confirm that you own or otherwise control the rights to the User Content you submit, that it is accurate, that it does not infringe anyone's rights or break any law, and that its use by us as described here will not violate these Terms. You agree not to submit anything that is unlawful, defamatory, obscene, harassing, hateful, infringing, deceptive, or that contains another person's private information without their consent, or any malware. Please do not submit content involving anyone under 18.

We are not obligated to monitor, publish, keep, or store any User Content, and we may decline, edit for length or clarity, refuse, or remove any User Content at any time, for any lawful reason, without notice. Removing or declining content does not waive any of our rights. We take no responsibility and assume no liability for any User Content posted by you or any third party. Feedback and suggestions you send us are given voluntarily, and we may use them for any purpose without obligation to you.

14. Acceptable use and prohibited uses

In addition to the other restrictions in these Terms, you agree not to use the Site, our products, or any content, and not to allow any third party to use them:

for any unlawful purpose, or to solicit or encourage others to perform or take part in any unlawful act;
to violate any international, federal, state, or local law, regulation, rule, or ordinance;
to infringe or violate the intellectual property, privacy, or other rights of NYLO or anyone else;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
to submit or transmit anything false, misleading, defamatory, obscene, harassing, hateful, or otherwise objectionable;
to upload or transmit any virus, malware, or other malicious code, or otherwise interfere with, disrupt, or place an unreasonable load on the Site or its infrastructure;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, scrape, harvest, or use any automated means to access or collect data from the Site without our permission;
to attempt to gain unauthorized access to any part of the Site, any account, or any connected system or network;
to impersonate any person or entity, or misrepresent your affiliation with any person or entity;
for any obscene or immoral purpose; or
to interfere with or circumvent the security, access-control, or rate-limiting features of the Site or of any related website or network.

We may investigate and take any action we reasonably consider appropriate for a breach of this section, including removing content, suspending or terminating access, and cooperating with law enforcement.

15. Third-party links and tools

The Site may include links to third-party websites, or provide access to third-party services, content, or tools that we do not own or control, for example our payment processors or a carrier's tracking page. We provide these for your convenience, on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We do not review, monitor, or take responsibility for third-party content, products, or practices, and we have no liability arising from or relating to your use of them. Any use you make of them is at your own risk and is subject to the third party's own terms and policies. Please review them before you proceed. This does not limit any non-waivable right you may have under applicable law.

16. Privacy

Your privacy matters to us. How we collect, use, share, and protect personal information, and the choices and rights you have, are described in our Privacy Policy, which is published on our store and forms part of these Terms. Among other things, the Privacy Policy addresses rights and disclosures under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA) for California residents, and under the General Data Protection Regulation (GDPR) for individuals in the European Union, the European Economic Area, and the United Kingdom. Please read the Privacy Policy to understand your rights and how to exercise them. If you have a privacy question, email support@nylo.us.

17. Disclaimer of warranties

Please read this section together with Section 9 and your statutory rights.

Except as expressly stated in these Terms or in our Refund Policy, and to the fullest extent permitted by applicable law, the Site and our products and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the extent permitted by applicable law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, timely, or error free, or free of harmful components, or that any defect will be corrected.

Non-waivable rights carve-out. Nothing in this section excludes, restricts, or modifies any guarantee, warranty, right, or remedy that you have under applicable law and that cannot lawfully be excluded, restricted, or modified by agreement. Many countries and regions, including the United States, the European Union, the United Kingdom, Australia, and Canada, give consumers legal guarantees and rights that apply on top of these Terms regardless of anything in them. Where such law applies to you, the disclaimers in this section apply only to the extent that law allows, and your statutory rights are not affected.

18. Limitation of liability

Please read this section together with the non-waivable rights carve-out at the end of it.

To the fullest extent permitted by applicable law, and subject to that carve-out, NYLO Inc and its officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Site or any product, whether based in contract, tort (including negligence), statute, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to any order, the products in it, or your use of the Site will not exceed the amount you actually paid to NYLO for the order giving rise to the claim. Where no payment was made, our total liability will not exceed one hundred US dollars (USD 100).

Time to bring a claim. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Site, or a purchase must be commenced within one (1) year after the claim arose. Otherwise it is permanently barred. Where applicable law does not permit shortening the limitations period, this paragraph does not apply to you.

What this section does not limit. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Non-waivable rights carve-out. Where mandatory consumer protection law applies to you, the limitations in this section apply only to the extent that law allows. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the limitations above may not apply to you, and in that case our liability is limited to the smallest extent permitted by applicable law. Where applicable consumer law gives you a remedy (for example a repair, replacement, refund, or compensation) that cannot be limited, including the remedies in our Refund Policy, that remedy is unaffected by this section.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NYLO Inc and its officers, directors, employees, agents, and suppliers from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to: (a) your breach of these Terms or of any policy or law referenced in them; (b) your User Content; (c) your unlawful use of the Site or our products; or (d) your violation of any law or of the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. This section does not apply to the extent a claim arises from our own breach, negligence, or wrongful act, or where it would conflict with applicable law, including any mandatory consumer law that protects you.

20. Dispute resolution and governing law

Informal resolution first. Most concerns can be resolved quickly and kindly. Before starting any formal proceeding, please email us at support@nylo.us with your order number and a description of the issue, and give us a fair chance, at least 30 days, to make it right. We will do the same with you. Many disputes are settled this way.

Governing law. These Terms, and any dispute or claim arising out of or relating to them, the Site, or your purchase, are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, and, where applicable, by the federal laws of the United States. This choice of law does not deprive you of the protection of any mandatory consumer-protection rules of the country where you live that cannot be set aside by agreement, and those rules continue to apply to you.

Venue. Subject to the binding arbitration agreement in Section 20A below, and to any mandatory consumer forum available to you under your local law, you and NYLO agree that the exclusive venue for any dispute that proceeds in court will be the state and federal courts located in Santa Clara County, California, United States (which includes the United States District Court for the Northern District of California), and you and NYLO consent to the personal jurisdiction of those courts. If you are a consumer, nothing here prevents you from bringing a claim in the courts of, or under the law of, your country of residence where that right cannot be waived.

20A. Binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND TO PARTICIPATE IN A CLASS ACTION. IT INCLUDES A 30-DAY RIGHT TO OPT OUT (paragraph (e)), AND IT DOES NOT APPLY TO A CLAIM FOR PUBLIC INJUNCTIVE RELIEF (paragraph (d)).

(a) Agreement to arbitrate. Except for the matters described in paragraphs (d) and (f) below, you and NYLO agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product or purchase that is not resolved informally will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies.

(b) Arbitration provider and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, which are available at www.adr.org, and the AAA Consumer Arbitration Rules govern the arbitration including the allocation of fees described below. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator that applies equivalent consumer arbitration rules and consumer protections, and if they cannot agree, a court of competent jurisdiction in Santa Clara County, California will appoint one. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration will be conducted in the English language. Unless you and NYLO agree otherwise, any in-person hearing will be held in Santa Clara County, California, and at your request the arbitration may be conducted by telephone or video, or based on written submissions, to reduce cost and travel. The arbitrator will apply the governing law stated in Section 20 and may award any relief available to an individual party in court, subject to paragraph (d).

(c) Arbitration fees. NYLO will pay all arbitration filing, administrative, and arbitrator fees, except that you will pay the portion of the initial filing fee equal to the filing fee you would have paid to begin a comparable claim in the state or federal court for Santa Clara County, California, whichever is less. You will never be required to pay NYLO's attorneys' fees or costs, except that the arbitrator may award fees or costs against a party where the arbitrator finds that party's claim or defense was frivolous or brought for an improper purpose, or where applicable law otherwise allows. This paragraph is intended to meet or exceed the consumer cost protections of the AAA Consumer Arbitration Rules, and where those rules provide a more favorable cost allocation to you, those rules apply.

(d) Public injunctive relief preserved (and poison pill). Nothing in this Section 20A waives, and you do not waive, any right to seek public injunctive relief. Any claim for public injunctive relief is severed from arbitration and may be brought and decided only in court under Section 20, and that claim may be stayed pending the outcome of any arbitration of your other claims. This paragraph (d) may not be severed from the rest of this Section 20A: if this paragraph is held invalid or unenforceable, then the entire agreement to arbitrate in this Section 20A is null and void, and all disputes will be resolved in court under Section 20.

(e) 30-day right to opt out. You may opt out of this Section 20A (arbitration and the class-action waiver) without affecting any other part of these Terms. To opt out, email us at support@nylo.us within 30 days after the date you first place an order with us, with the subject line "Arbitration Opt-Out" and your name and order number or account email. The opt-out instructions and this email address are also shown to you at the point where you accept these Terms. If you opt out, disputes between you and NYLO will be resolved in court under Section 20.

(f) Class-action waiver. To the fullest extent permitted by applicable law, and except for any non-waivable representative claim (including a claim for public injunctive relief, which is governed by paragraph (d)), you and NYLO agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will proceed in court under Section 20, and the rest of this Section 20A will remain in effect for all other claims, subject to paragraph (d).

(g) Exceptions. This Section 20A does not require arbitration of: (i) a claim that qualifies for small-claims court and is brought there on an individual basis; (ii) a request for injunctive or other equitable relief to stop infringement or misuse of intellectual property; (iii) a claim for public injunctive relief as described in paragraph (d); or (iv) any claim or forum that mandatory law makes non-arbitrable.

(h) Mandatory consumer forums are unaffected. Nothing in this Section 20A deprives you of any right you have under mandatory consumer-protection law to bring a claim in a particular forum or before a particular body in the country where you live. Consumers in the European Union, the United Kingdom, and other jurisdictions whose law guarantees access to local courts, consumer tribunals, or alternative dispute-resolution bodies keep full access to them, and this Section 20A applies to you only to the extent the law of your jurisdiction allows.

21. Force majeure

We are not liable for any delay or failure to perform that is caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, carrier or supplier delays, failures of manufacturing or shipping infrastructure, customs or border delays, utility or internet outages, and cyber incidents. While such an event continues, our affected obligations are suspended, and we will make reasonable efforts to limit any disruption to your order and to keep you informed. This section does not affect any non-waivable right you have to a refund under applicable law or under our Refund Policy.

22. Termination or suspension of access

We may suspend, restrict, or terminate your access to all or part of the Site or your account, and may refuse or cancel orders, at any time and without notice, if we reasonably believe you have breached these Terms or any policy or law referenced in them, or to protect the Site, our customers, or our business. You may stop using the Site and close your account at any time. Termination does not affect any order already accepted, any obligation or right that arose before termination, your rights under our Refund Policy, or any of your non-waivable rights under applicable law. Provisions of these Terms that by their nature should survive termination will survive, including those on intellectual property, user content, disclaimers, limitation of liability, indemnification, dispute resolution, and these general provisions.

23. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable in any jurisdiction, that provision will be limited or removed to the minimum extent necessary, and only for that jurisdiction, and the remaining provisions stay in full effect. Where a provision is unenforceable because it would override a mandatory consumer right, it is read down so that your mandatory right is preserved. The non-severability rule in Section 20A(d) (public injunctive relief) applies as stated there, notwithstanding this section.

24. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, provided that doing so does not reduce your rights under these Terms or under applicable law. These Terms bind and benefit the parties and their permitted successors and assigns.

25. Entire agreement and waiver

These Terms, together with our Shipping Policy, our Refund Policy ("Returns, Replacements, and Refunds"), our Privacy Policy, and any terms presented to you at checkout, make up the entire agreement between you and NYLO regarding your use of the Site and your purchases, and they supersede any prior agreements or understandings on that subject. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing from us to be effective, and a waiver in one instance is not a waiver in any other. These Terms will be deemed drafted jointly by the parties. Nothing in this section excludes liability for fraud or limits any non-waivable right you have under applicable law.

26. Changes to these Terms

We may update these Terms from time to time. Whatever version is posted on the Site is the current and operative policy, and it replaces any earlier version. By continuing to access or use the Site, or by placing an order, after we post an update, you accept the updated Terms. If you do not agree with an update, please stop using the Site. The effective date at the top of these Terms shows when the current version took effect. This does not affect any non-waivable right you have under applicable law.

27. International use and export compliance

We operate from the United States and ship worldwide. We do not represent that the Site or our products are appropriate or available for use in every location. If you access the Site or order from outside the United States, you do so on your own initiative and are responsible for complying with the laws of your own country and locality, including any rules on importing, possessing, and using the products you order, any age or content restrictions that apply to you, and any customs and tax obligations. If local law where you are does not permit the purchase, import, or use of intimate apparel of this kind, please do not order.

You agree to comply with all applicable export and import control and sanctions laws, and not to use or export our products or any Site content in violation of them. You confirm that you are not located in, and are not ordering on behalf of anyone located in, a country or region subject to comprehensive trade sanctions or for a use that United States export-control or sanctions laws prohibit, and that you are not a person with whom dealing is prohibited under applicable law or on any applicable restricted-party list. Customs duties, taxes, and import charges for international orders are the responsibility of the customer, as described in Section 7 and in our Shipping Policy.

Our products are designed in California and shipped from the United States. Components and finished goods are manufactured overseas.

28. Contact

NYLO is a discretion-first brand, and our published contact channel is email. For any question about these Terms, an order, or our policies, email us and a real person will help, usually within one business day.

NYLO Inc California, United States Email: support@nylo.us

For returns, replacements, or defects, please see our Refund Policy ("Returns, Replacements, and Refunds"). For shipping questions, please see our Shipping Policy. For privacy questions, please see our Privacy Policy. We handle every message with discretion, and we do not publish a phone number.