Términos del servicio
Berserk Lab — Terms of Service
Effective Date: September 13, 2025
OVERVIEW
Welcome to Berserk Lab! The terms “we”, “us” and “our” refer to Berserk Lab. We operate this store and website, including all related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights (including warranty disclaimers and limitations of liability).
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy at /policies/privacy-policy. If you do not agree to these Terms or our Privacy Policy, do not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services (including browsing or purchasing), you may be asked to provide certain information (e.g., email address, billing, payment, and shipping information). You represent and warrant that all information you provide is accurate, current, and complete and that you have rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We work to accurately present our products and services. However, colors and product appearance may vary based on your device and settings. We do not warrant that the appearance or quality of any products or services will meet your expectations or exactly match images in our store.
All product descriptions are subject to change without notice. We may discontinue any product at any time and may limit quantities to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Berserk Lab may accept or decline any order at its discretion. Your order is accepted when we confirm acceptance and process your payment. Please review orders carefully; we may be unable to accommodate cancellations after acceptance. If we decline, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided.
Your purchases are subject to our Refund Policy at /policies/refund-policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time of order and will appear in your confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices in physical or third-party stores. Promotions may have separate terms; if there is a conflict, the promotion terms govern.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update your information (including email, card numbers, and expiration dates) so we can complete transactions and contact you as needed. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored; and (iv) you will pay all charges at posted prices plus applicable taxes, shipping, and handling.
SECTION 5 – SHIPPING AND DELIVERY
Estimated delivery times are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other events outside our control. Title and risk of loss pass to you upon our transfer of products to the carrier. See our Shipping Information page for details.
SECTION 6 – INTELLECTUAL PROPERTY
The Services—including trademarks, brands, text, displays, images, graphics, reviews, video, audio, and their design and arrangement—are owned by Berserk Lab, its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Except with our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services. All rights not expressly granted are reserved.
Berserk Lab names, logos, product and service names, designs, and slogans are trademarks of Berserk Lab or its affiliates/licensors. Shopify’s names and marks are trademarks of Shopify. Other names and marks are the property of their respective owners. Do not use any trademarks without prior written permission.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools we do not monitor or control. You acknowledge that such tools are provided “as is” and “as available” without warranties or endorsements, and we have no liability arising from your use. Use them at your own risk and review any applicable third-party terms. New features or tools we offer will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include third-party materials or links. We are not responsible for examining or evaluating third-party content or accuracy and are not liable for any harm or damages arising from your access or transactions with third parties. Review third-party policies before engaging in any transaction. Direct complaints or questions about third-party products/services to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify, which enables us to provide the Services. However, purchases are made directly with Berserk Lab. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Berserk Lab, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with Berserk Lab.
SECTION 10 – PRIVACY POLICY
Personal information we collect through the Services is subject to our Privacy Policy at /policies/privacy-policy. Because our Services are hosted by Shopify, some personal information is also subject to Shopify’s Privacy Policy (see: https://www.shopify.com/legal/privacy). By using the Services, you acknowledge you have read these policies.
Information you submit may be transmitted to and processed by Shopify and service providers (which may be located outside your country) to operate and improve the Services. See our Privacy Policy for details on how we, Shopify, and partners use your information.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that: (i) you own or have rights to all Feedback; (ii) you have disclosed any compensation or incentives; and (iii) your Feedback complies with these Terms. We may (but have no obligation to) monitor, edit, or remove Feedback in our discretion.
You agree your Feedback will not infringe third-party rights or contain unlawful, abusive, or obscene content, viruses, or malware. Do not use false contact details or impersonate others. You are solely responsible for your Feedback and its accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may contain errors or omissions (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct errors and update or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly: (a) use the Services for unlawful or malicious purposes; (b) violate laws or regulations; (c) infringe intellectual property; (d) harass, abuse, defame, intimidate, or harm any person; (e) transmit false or misleading information; (f) upload or re-use material that violates these Terms; (g) send advertising or spam; (h) impersonate any person or entity; or (i) engage in conduct that restricts or inhibits others’ use of the Services or exposes Berserk Lab, Shopify, or users to liability.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track others’ personal information without consent; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features. We may suspend, disable, or terminate your account without notice if we determine you violated these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services, in whole or in part, at any time in our sole discretion without notice. You remain liable for all amounts due up to and including the termination date. Sections intended to survive (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy Policy) will survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information on or through the Services is provided for general information only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance is at your own risk. We disclaim liability arising from reliance by you or others.
EXCEPT AS EXPRESSLY STATED BY BERSERK LAB, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Some jurisdictions do not allow certain disclaimers; in such cases, the above may not fully apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BERSERK LAB, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS—OR SHOPIFY AND ITS AFFILIATES—BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. Some jurisdictions limit limitations of liability; in such cases, the foregoing may be limited to the extent required by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Berserk Lab, Shopify, and our/its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of: (1) your breach of these Terms or referenced documents; (2) your violation of law or third-party rights; or (3) your access to or use of the Services. We will notify you of any indemnifiable claim (failure to promptly notify will not relieve your obligations unless materially prejudicial). We may control the defense and settlement at your expense and will not settle any claim imposing non-monetary obligations on you without your consent (not unreasonably withheld). You will cooperate by providing relevant information and assistance.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted, and the unenforceable portion will be deemed severed. This will not affect the validity of remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision is not a waiver. These Terms and any policies or operating rules posted on the site constitute the entire agreement between you and Berserk Lab concerning the Services, superseding prior or contemporaneous agreements and communications. Ambiguities will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any rights/obligations without our prior written consent, and any attempt is void. We may transfer, assign, or delegate these Terms and our rights/obligations without consent or notice.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements for Services will be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict-of-laws principles. You and Berserk Lab consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California. (If your headquarters are elsewhere, replace with the correct jurisdiction.)
SECTION 22 – HEADINGS
Headings are for convenience only and do not limit these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting updates to our website. It is your responsibility to check for changes. We will notify you of material changes where required by law; changes take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms? Contact us at support@berserklab.com.
Berserk Lab
Email: support@berserklab.com