Terms of service

Welcome to Driftura. These Terms of Service ("Terms") govern your access to and use of the Driftura website, the purchase of any products from us, and the use of those products. By visiting our site or buying from us, you agree to these Terms. If you do not agree, please do not use the site or purchase from us.

1. About Driftura

Driftura sells consumer wellness devices, specifically the Driftura eye massager, to customers within the United States. Throughout these Terms, "Driftura," "we," "us," and "our" refer to the operator of this website. "You" and "customer" refer to the person visiting the site or making a purchase.

2. Eligibility

To purchase from Driftura, you must be at least 18 years of age and a resident of the United States with a valid US shipping address and payment method. By placing an order, you confirm that you meet these requirements.

3. Product information

We do our best to display product images, colours, specifications, and descriptions accurately. Actual product appearance may vary slightly due to monitor settings, lighting, or minor manufacturing variation. Specifications are subject to change without notice as we improve the product over time.

4. Wellness device, not a medical device

The Driftura eye massager is a consumer wellness product designed for relaxation and relief from everyday eye fatigue and tension. It is not a medical device. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, or medical condition. Statements about the product have not been evaluated by the U.S. Food and Drug Administration. Individual experiences vary and results are not guaranteed. By purchasing and using the Driftura eye massager, you acknowledge that you have read and understood our Medical Disclaimer and agree to its terms.

5. Assumption of risk

You understand that any wellness device carries some inherent risk. By purchasing and using the Driftura eye massager, you voluntarily assume all risk associated with its use, including but not limited to skin irritation, eye discomfort, allergic reaction, or aggravation of pre-existing conditions. You agree to use the product only as directed in the included user manual and on our website. You agree not to use the product if any of the contraindications listed in our Medical Disclaimer apply to you.

6. Electrical safety

The Driftura eye massager is a rechargeable electronic device. To ensure safe use:

• Use only the USB-C cable included with the product, or a certified USB-C cable from a reputable manufacturer
• Do not use damaged, frayed, or non-compliant chargers or cables
• Do not expose the device to water, moisture, or extreme temperatures
• Do not attempt to open, repair, or modify the device
• Do not use the device while it is charging
• Stop using the device immediately if it overheats, emits unusual smells, or behaves abnormally, and contact support@driftura.com

Driftura is not liable for damage caused by use of non-approved accessories, modification of the device, or failure to follow safety instructions.

7. Orders and payment

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including orders that appear fraudulent, are placed using inaccurate information, or violate these Terms. If we cancel your order after payment has been processed, you will receive a full refund. Prices are listed in US dollars and are subject to change without notice. Payment must be received in full before an order ships.

8. Shipping and returns

Shipping is covered under our Shipping Policy. Returns and refunds are covered under our Return and Refund Policy. Both policies form part of these Terms.

9. Warranty

The Driftura eye massager is covered by a limited manufacturer warranty as described on our Warranty page. The warranty covers manufacturer defects only and does not cover damage from misuse, accident, water exposure, normal wear and tear, or use with non-approved accessories. The warranty is the sole and exclusive remedy for product defects. To the fullest extent permitted by law, all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are disclaimed.

10. Limitation of liability

To the fullest extent permitted by applicable law, Driftura, its owners, employees, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website, purchase of the product, or use or misuse of the product. This includes, but is not limited to, damages for personal injury, lost profits, lost data, business interruption, or emotional distress.

In any case where liability cannot be excluded under applicable law, our total maximum liability to you for any claim arising from or related to your purchase shall not exceed the amount you paid for the product giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Driftura, its owners, employees, suppliers, and affiliates from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the product, or your violation of any law or the rights of a third party.

12. Intellectual property

All content on the Driftura website, including text, images, logos, designs, product names, and the Driftura brand, is the property of Driftura or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or use any content for commercial purposes without our prior written consent.

13. User conduct

You agree not to use the Driftura website for any unlawful purpose, to harass or harm others, to attempt to gain unauthorized access to our systems, to post false or misleading reviews, or to interfere with the operation of the site. We reserve the right to block users or cancel orders that violate this section.

14. Reviews and submissions

If you submit a review, photo, video, or any other content to us or to our review platform, you grant Driftura a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display that content for marketing and promotional purposes. You confirm that any content you submit is your own original work and does not infringe on the rights of any third party.

15. Privacy

Your use of the website is also governed by our Privacy Policy, which forms part of these Terms.

16. Third party links

The Driftura website may contain links to third party websites or services. We are not responsible for the content, accuracy, or practices of any third party site. Linking to a third party does not imply endorsement.

17. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the website or purchase of products after changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

18. Termination

We reserve the right to suspend or terminate your access to the website at any time, without notice, for any reason, including violation of these Terms.

19. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms, your use of the website, or your purchase of any product shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Nothing in these Terms limits or excludes any rights you may have as a consumer under the laws of your country, state, or territory of residence that cannot be lawfully excluded. United States customers retain all rights afforded to them under applicable federal and state consumer protection laws.

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

21. Entire agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, Medical Disclaimer, and Warranty page, constitute the entire agreement between you and Driftura regarding your use of the website and purchase of products.

22. Contact

For questions about these Terms, email support@driftura.com.