Terms of service

Coldture Wellness Inc.

Terms & Conditions

 

Last updated on May 6, 2026

Coldture Wellness Inc. (“Coldture”, “we”, “us” and terms of similar meaning) provides these terms and conditions (these “Terms”) that apply to the purchase and sale of Products (as defined below) through https://coldture.com/ (the “Site”) including any services provided by Coldture for use with your purchases through the Site (collectively, the “Services”). In these Terms, we describe users of the Site, whether registered or not, as “Users”, “You”, “Your”, and terms of similar meaning. 

Please read through these Terms carefully before using the Site or purchasing any Products or Services. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site, Products, or Services. 

By placing an order for Products and/or Services from the Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. 

You may not order or obtain Products or Services from the Site if you: (i) do not agree to these Terms and Privacy Policy (as defined below); (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products or services by applicable law. 

1. Coldture Products and Services 

Coldture specializes in selling premium, portable cold plunge tubs and related accessories designed to enhance the consumer’s wellness routines. Coldture makes available for purchase a range of products, including portable cold tubs, chillers, all Saunas, Red light equipment and accessories and related services including provision of warranty for certain purchases and educational resources on cold therapy benefits (collectively, the “Products”), as may be advertised on the Site from time to time.

 

2. Privacy Policy and Additional Policies, Shipping and installation 

2.1. Privacy Policy. We may collect some of your personally identifiable or personal information to create your User Account (as defined below) and thereafter in your purchase of the Products and/or use of the Services. All personal and personally identifiable information and data collected, used, or disclosed is governed by our privacy policy located at https://coldture.com/policies/privacy-policy (“Privacy Policy”). By using the Service, you agree to our use, collection and disclosure of personal, personal health or personally identifiable information and data in accordance with the Privacy Policy. 

2.2. Additional Policies. In addition, by using the Site, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements, or documents communicated through the Site, including, without limitation, as applicable, any policies referred to in these Terms. Without limiting the foregoing, all Product-Specific Limited Warranties, the Shipping & Return Policy, and any other purchase-related policies referenced on the Site are expressly incorporated into these Terms by reference and form part of the binding agreement between you and Coldture. For example, we may post additional policies, guidelines, rules, obligations, or agreements that specifically relate to the purchase of the Products and/or use of the Services. You agree to comply with such policies, guidelines, rules, obligations, or agreements even if they are not identified in these Terms. 

2.3. The Shipping & Returns Policy (“Policy”) forms part of and is incorporated by reference into the Terms of Service of Coldture Wellness Inc. (“Terms”), available at https://coldture.com/policies/terms-of-service. 

In the event of any conflict between the Policy and the Terms, the Terms shall govern except with respect to matters expressly addressed in the Shipping & Returns Policy. 

3. User Account; Subscriptions; Registration Data

3.1. User Account. Users can browse the Site without registering for an account (“User Account”). However, to purchase Products or Services and access certain features such as order tracking, warranty registration, or use of the mobile app for Product or Services control, you may need to create a User Account. From time to time, Coldture may also offer subscription-based purchases on select Products (“Subscription”). To purchase and manage a Subscription, you may purchase as a guest, but you must register for a User Account if you want to receive the order confirmation and purchase details. 

3.2. Registration Data. Upon registering a User Account, you agree to: (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.

4. Product Availability; Order Acceptance; Typographical Inaccuracies; Delivery 

4.1. Product Availability. All orders to purchase Products or Services including standard purchases, Subscriptions, pre-orders, and/or try before you buy options (“Order(s)”) are subject to acceptance and availability. If you purchase on a Subscription basis, you may receive repeat deliveries of the selected Products and/or Services, based on the duration and frequency option chosen. If the Products or Services become unavailable at any stage of the Order, including after the Order was accepted by Coldture, for any reason, Coldture may terminate the Order by giving you written notice through the Site or by email. In such an event, Coldture will contact you to either initiate a refund or, in the case of pre-orders, release any authorized payment holds, or Coldture may offer to deliver the Products and Services, once the Products are made available to Coldture, in the sole reasonable discretion of Coldture and on a case-to-case basis. 

4.2. Typographical Inaccuracies. The Site may contain typographical errors or inaccuracies and may not be complete or current. Coldture reserves the right to correct any errors, inaccuracies or omissions (including after an Order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent

permitted by applicable law, Coldture reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. 

4.3. Delivery and Delay. All quoted delivery dates on the Site or in any other communications are estimates only. Coldture reserves the right to deliver the Order in installments. Any delay in delivery of any installments of the Order shall not relieve the User of its obligation to accept the remaining Product(s) under the Order. 

4.4. Force Majeure 

Coldture shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from causes beyond Coldture’s reasonable control, including but not limited to acts of God, extreme weather, fire, flood, earthquake, pandemic, public health emergency, government action or regulation, labor disputes, carrier delays, supply chain disruptions, customs delays, shortages of materials, power failures, or transportation interruptions (each, a “Force Majeure Event”). 

In the event of a Force Majeure Event, Coldture’s obligations shall be suspended for the duration of the Force Majeure Event. Delivery dates are estimates only and shall automatically extend for a period equal to the duration of the Force Majeure Event. 

Coldture shall not be liable for any damages, losses, penalties, or costs arising from such delay or failure. 

5. Price; Payment 

5.1. Prices and Other Charges. The applicable price charged for any Products or Services will be the price advertised on the Site at the time the Order is placed by the User. Posted prices do not include taxes or charges for shipping and handling. If you are purchasing Products or Services, you will pay the related applicable fees (including applicable shipping fees), charges, and taxes, as provided. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction. 

5.1.1. Pre-orders and Try Before You Buy.

(a) For pre-orders, Coldture may collect no payment or a partial deposit at checkout and store your payment method. The full or remaining payment will be charged when the Product is ready to ship. Coldture reserves the right to cancel pre-orders if the Order becomes unavailable or if there are significant delays in production or shipping. 

(b) For try before you buy Products, Coldture will authorize your payment method before fulfilling the Order. You will have a specified time period to decide if you want to keep the Products. If you do not return the Products within the specified period, your payment method will be charged for the full amount. 

5.1.2. Subscription-based offerings. 

(a) Coldture may offer Subscription plans at reduced prices compared to one-time purchases of the selected Products. These discounted rates may vary based on the Subscription duration and Product type. Promotional pricing may be available for first time Users or during special offers. All pricing is subject to change at Coldture's discretion. 

(b) Your payment details will be securely stored, and you will be charged for each delivery unless you choose to pay us in advance. Some Subscriptions may auto-renew at the end of their duration. You may cancel or change your Subscription through your User Account or via links provided in the Order confirmation emails. 

5.2. Discounts and Promotions. All prices, discounts, and promotions posted on the Site will apply or be subject to change in the sole discretion of Coldture without notice to the Users. 

5.3. Payment Methods. Coldture accepts various payment methods for the purchase of its Products and Services. These may include major credit cards, debit cards, electronic payment systems and financing options through approved partners of Coldture (as listed in Section 5.3.1 below. The specific payment methods available may vary and will be clearly indicated on the checkout page of the Site. You must provide valid payment details at the time of placing the Order. You may be charged for the Products and/or Services at or prior to the shipment of the Order. Coldture reserves the right to request

additional information or verification for any payment method used, to ensure the legitimacy and security of transactions. 

5.3.1. Financing Options. Coldture offers financing options for the purchase of its Products and Services through approved partners, subject to your credit approval and eligibility. Current financing partners include *Affirm, RBC Pay Plan, and Financeit. Application procedures for the User may vary by financing partner. All loans offered through Coldture’s current financing partners are open loans, allowing the User to pay them down without penalty at any time. *Payment options through Affirm Canada Holdings Ltd. (“Affirm”). Your rate will be 0–31.99% APR (where available and subject to provincial regulatory limitations). APR offered is based on creditworthiness and subject to an eligibility check. Not all customers will be eligible for 0% APR. Payment options depend on your purchase amount, may vary by merchant, and may not be available in all provinces/territories. Actual payment option terms will be shown at checkout. A down payment (or a payment due today) may be required. Affirm accepts debit cards and PAD as forms of repayment on payment options. Select payment options may be eligible for repayment in the form of credit cards. Please review the terms and conditions of your credit card when using it as a form of repayment. Sample payment options may be: a $800 purchase could be split into 12 monthly payments of $72.21 at 15% APR, or 4 interest-free payments of $200 every 2 weeks. For more information, please see https://www.affirm.com/en-ca/how-it-works.

5.4. Payment Representations. You represent and warrant that: (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your Order. 

5.5. Payment Security and Instructions. Coldture employs industry-standard security measures to protect Users' payment information. However, Users are responsible for maintaining the security of their own account and payment details. For greater clarity, Coldture will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a User where a payment method is fraudulently used or is used in an unauthorised manner. We may act on, and process all completed electronic instructions transmitted or issued through the Site without further consent from or reference to you. We may treat an electronic instruction as authentic, and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions. 

5.6. Currency. All prices and other amounts appearing on the Site are quoted in Canadian dollars unless otherwise indicated on the Site and are subject to change including based on the local jurisdiction of the User. 

5.7. Order Cancellation. If a Notice (as defined below) is received by Coldture within twenty-four (24) hours of placing the Order or prior to the Product(s) being shipped (whichever is earlier), you shall be entitled to a full refund for the price and charges

associated with the Product(s). Once shipped, all Product(s) sold, and associated fees and charges are not eligible for refunds, cancellation, or exchanges until the Product(s) are delivered to the User, unless as otherwise provided by Coldture. 

6. Warranty and Disclaimers 

6.1 Product-Specific Limited Warranties 

Certain Products sold by Coldture are covered by Product-Specific Limited Warranties (each, a “Limited Warranty”), which set out the applicable warranty period, coverage, exclusions, owner responsibilities, and claim procedures for the relevant Product. 

Each Limited Warranty: 

● Applies only to the original purchaser 

● Begins on the date of delivery 

● Applies only when the Product is used in accordance with its intended purpose and applicable instructions 

The full terms and conditions of each Limited Warranty are available on the Site and are incorporated into these Terms by reference. 

6.1.1 Extended Warranty Option (Cold Care +) 

Coldture may offer an optional extended warranty program at the time of purchase (the “Cold Care +” program). Cold Care + coverage (if purchased) is provided in addition to the applicable Product-Specific Limited Warranty and is subject to its own terms, coverage, exclusions, and claim procedures, which will be provided at checkout and/or in the order confirmation. 

Cold Care + is available only where offered, must be purchased at the time of checkout (unless expressly stated otherwise), and is not included in the purchase price of any Product unless specifically identified as included. 

In the event of any conflict between the Cold Care + terms and a Product-Specific Limited Warranty, the Cold Care + terms govern solely with respect to the extended coverage period purchased.

6.2 Relationship Between These Terms and Limited Warranties 

In the event of any conflict: 

● A Product-Specific Limited Warranty shall govern solely with respect to warranty coverage and obligations for the applicable Product; 

● These Terms shall govern all other matters, including limitation of liability, dispute resolution, and governing law; and 

● Where a Product is refunded in full, all warranty obligations with respect to that Product shall immediately terminate. 

Coldture makes no warranty except as expressly set out in the applicable Limited Warranty. 

6.3. Disclaimers. 

6.3.1. Product Disclaimers. 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT WARRANTY AND ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND COLDTURE MAKES NO REPRESENTATION OR WARRANTY OF: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY WITH RESPECT TO THE PRODUCTS AND/OR SERVICES; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

PRODUCT(S) MAY BE OUT-OF-STOCK OR DISCONTINUED. ALTHOUGH COLDTURE HAS MADE EVERY EFFORT TO DISPLAY OUR PRODUCTS AND THEIR COLOURS AS ACCURATELY AS POSSIBLE, THE DISPLAYED COLOURS OF THE PRODUCTS DEPEND UPON THE MONITOR OF THE USER AND AVAILABILITY OF INVENTORY. WE CANNOT GUARANTEE THAT THE USER’S MONITOR WILL ACCURATELY PORTRAY THE ACTUAL COLOURS OF THE PRODUCTS. COLDTURE MAY PROVIDE ADDITIONAL PRODUCT(S) AND SPECIFIC DISCLAIMERS OF SUCH PRODUCT(S) ON THE SITE OR THROUGH

THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE PACKAGING IN WHICH DELIVERED. 

USERS ARE SOLELY RESPONSIBLE FOR THE PROPER USE AND MAINTENANCE OF COLDTURE PRODUCTS. COLDTURE IS NOT LIABLE FOR ANY INJURY OR DAMAGE RESULTING FROM IMPROPER USE, INSTALLATION, OR MAINTENANCE OF ITS PRODUCTS. WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. 

6.3.2. General Informational Disclaimers. 

The Site and ITS Content are provided to you for informational purposes only and should not be relied up on as accurate, complete, timely or fit for any particular purpose. COLDTURE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. 

COLDTURE DOES NOT ENDORSE OR VERIFY THE ACCURACY OF ANY USER-GENERATED CONTENT, INCLUDING REVIEWS OR COMMENTS SITE OR THIRD-PARTY WEBSITES. THE INFORMATION PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY DESCRIPTIONS AND BLOGS, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. To the maximum extent permitted by

applicable law, Coldture shall not be liable for any damages arising out of any failure to honour a Limited Warranty except as expressly provided in the applicable Limited Warranty. COLDTURE RESERVES THE RIGHT TO MODIFY THESE DISCLAIMERS AT ANY TIME WITHOUT PRIOR NOTICE. CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. 

6.4 Installation and Setup Responsibility 

Unless expressly stated otherwise in writing, all Products are sold as customer-installation products. The User is solely responsible for proper installation, placement, setup, electrical connection, water connection, ventilation, and compliance with all applicable building codes, electrical codes, and local regulations. 

Certain Products may require installation by a licensed electrician or qualified professional. Coldture shall not be liable for any injury, damage, loss, or malfunction resulting from improper installation, improper electrical connection, failure to follow user manuals, or failure to comply with applicable codes or safety requirements. 

Any installation guidance, manuals, videos, or instructions provided by Coldture are for general informational purposes only and do not constitute professional advice. The User assumes all responsibility for ensuring safe and compliant installation. 

7. License to Use the Site and License Restrictions 

7.1. Scope of Content. In these Terms, “Content” refers to all the content on the Site, including all materials, information, text, blogs, articles, descriptions of Products or Services, data, logos, marks, designs, graphics, pictures, sound files, other files, applications, and their selection and arrangement. Content also includes the Coldture name, logos, and related names are trademarks of Coldture. 

7.2. License Grant and Restrictions. Subject to your compliance with these Terms, Coldture grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Site, Products, Services, and to view the Content available to you through the Site (“License”). Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms: 

(i) Permitted Use:

a. You may use the Site, Products, Services, and Content for your personal use only. b. You may view the Content available through the Site. 

c. You may use Coldture's Products and Services in accordance with their intended purpose and the user instructions provided. When using the Products or Services, you agree to follow all safety guidelines and recommendations as provided. 

(ii) Prohibited Actions: 

a. You may not resell, lease, sublicense, distribute, copy, reproduce, download, display, modify, create derivative works, publish, transmit, or otherwise exploit any Content, Products or Services in any way for any public or commercial purpose. 

b. You may not make or distribute copies of the Site or Content or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms. 

c. You may not modify or create derivative works based on the Site, Products, Services, or Content, or any portion thereof. 

d. You may not remove or modify any copyright, trademark or other proprietary notices on the Site, Products, Services, or Content. 

e. You may not use the Site, Products, or Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or Products or any other service provided through our technology or the Site or Products, or that is similar thereto. 

f. You may not use the Site, Products, Services or Content for any purpose other than its intended purpose, except as expressly permitted in these Terms. 

(iii) Technical Restrictions: 

a. You may not engage in data mining, scraping, or similar data gathering or extraction methods. 

b. You are prohibited from using any automated means to access, query or collect Content from the Site.

c. You may not interfere with or attempt to interrupt the proper operation of the Site through any means, including but not limited to: 

- Using viruses or other malicious software 

- Attempting unauthorized access to Content, data, files, or passwords 

- Hacking, password mining, or any other means of gaining unauthorized access 

(iv) You must comply with all applicable laws and regulations in your use of the Site, Products, Services, and Content. 

The licenses in this Section are revocable by Coldture at any time. 

8. Ownership, Copyright and Trademarks 

8.1. User Content. Content provided by Users on the Site or otherwise sent to Coldture and posted on the Site is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include a comment, review, rating, information, articles, data, images, videos, sounds and other data uploaded by a User to the Site. 

8.2. User Content Representations. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Coldture to post or store on the Site. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content posted or stored on the Site, and we may do this at any time and for any reason. Coldture’s only right to use that User Content is the limited licenses granted in these Terms. Those licenses are described in Section 10 of these Terms.

8.3. Ownership. Other than User Content, the Products, Services, the Site, all Content and any other software used to create and operate the Site is the property of Coldture or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Products, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Coldture. 

9. Links to Other Sites 

The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Coldture does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Coldture provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Coldture’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Coldture accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 

10. Your Limited License of Your User Content to Coldture 

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Products, now and in the future. For example, if you leave a comment on a blog post or post a review on a Product(s), either directly on the Site yourself or by sending to Coldture otherwise to do so, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to Coldture and/or to or through the Products, you (a) grant Coldture and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Products from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Products; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. 

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Products, as described in this Section. 

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Products. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Products. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site and/or Products does this to your User Content when it processes it for use in the Site and/or Products. 

11. Limitation of Liability; Indemnity 

You waive and shall not assert any claims or allegations of any nature whatsoever against Coldture, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Products, Services, or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk. 

Without limitation of the foregoing, neither Coldture nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase

through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Products, Services, or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Products, Services, Content or other information obtained from Coldture or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services. 

In no event shall the aggregate liability of Coldture, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, Products, or Services exceed any amount paid by you for the Products, Services or access to the Site, during one (1) month prior to the date of your claim, if any. Notwithstanding the foregoing, with respect to any claim relating to a Product or Limited Warranty, Coldture’s total aggregate liability shall not exceed the original purchase price of the applicable Product. 

You shall defend, indemnify and hold harmless Coldture and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, Products, and Services and from such use by any person to whom you give access to your account. 

12. Communications 

Notices that we give you may be provided in any of the following ways. First, we may e-mail you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the account area of your User Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices. 

13. Applicable Law and Venue

The Site is controlled by Coldture and operated by it from its offices in Ontario. You and Coldture both benefit from establishing a predictable legal environment in regard to the Products and Services. Therefore, you and Coldture explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, Products, Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. 

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Products, Services or Content; (c) oral or written statements relating to these Terms or to the Site, Services, and/or Products; or (d) the relationships that result from these Terms or the Site, Products, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Coldture related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Coldture. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data or otherwise. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario. 

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. 

If you choose to access the Site and/or Products from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Coldture and the other Released Parties for your failure to comply with any such laws. 

14. Termination/Modification of License and Site Offerings 

Notwithstanding any provision of these Terms, Coldture reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site, Services

and/or the Products, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Products, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Products, Services or Content; and (d) impose limits on the Site, Products, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Coldture to upload to the Site may remain on the Site. If these Terms expire or terminate for any reason, any representation or warranty you make in these Terms, shall survive indefinitely. 

15. Modification of Terms 

Coldture reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site, Services and/or Products, at any time and in its sole discretion. If we do so, we will post a notice on the Site visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site, Services and Products and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site, Services and Products after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site, Services and Products. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site, Services, and Products. Your continued use of this Site after the ‘last updated’ date will constitute your acceptance of and agreement to such changes. For clarity, any changes to Product-Specific Limited Warranties will apply prospectively only and will not reduce warranty coverage for Products purchased prior to the effective date of such changes 

16. Miscellaneous 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Coldture may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Coldture, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Coldture regarding your use of the Site, Services and Products, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Coldture regarding your use of the Site, Services and Products. The parties confirm that it is their wish that these Terms, as well as any other Services or Products relating to this Terms, including notices, have been and shall be drawn up in the English language only.

Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais. 

17. SMS Terms of Service 

By opting into SMS from Coldture Wellness Inc. through our website, customer support team, or other mediums, you agree to receive SMS messages from Coldture. These may include: 

- Order updates and shipping notifications 

- Appointment reminders and scheduling confirmations 

- Warranty and service-related alerts 

- Customer support follow-ups and troubleshooting guidance 

- General account or transactional notifications 

Message frequency may vary. Message and data rates may apply. 

- To opt out at any time, reply STOP to any message. 

- For assistance, reply HELP or visit https://coldture.com. 

See our Privacy Policy at https://coldture.com/policies/privacy-policy and Terms of Service at https://coldture.com/policies/terms-of-service. 

SMS Terms and Conditions 

17.1. SMS for Consent Communication 

We will not share your phone number with any third parties for marketing purposes. 17.2. Types of SMS Communications 

If you opt in to receive messages from Coldture Wellness Inc., you may receive transactional and service-related messages, including order updates, delivery notifications, maintenance reminders, policy updates, manuals, product change logs, and warranty information. Such communications do not modify the Terms, warranties, or policies unless expressly stated.

With your express consent, you may also receive marketing messages, including announcements about new products, promotions, or special offers. 

Message frequency may vary. Standard message and data rates may apply. You may opt out at any time by replying STOP. 

17.3. Message Frequency 

You may receive approximately 0-3 SMS messages per week. 

17.4. Carrier Charges 

Message and data rates may apply based on your mobile carrier and location. 

17.5. Opt-In Methods 

You can opt in via the following methods: 

(e.g., by submitting an online form) 

17.6. Opt-Out Instructions 

You may opt out at any time by replying STOP to any message. To resume receiving texts, reply START. 

17.7. Help 

If you need assistance, reply HELP or contact us at support@coldture.com. 

17.8. Disclosures 

Message frequency may vary. 

Message and data rates may apply. 

Reply STOP to cancel. 

Reply HELP for assistance. 

18. Questions and Comments 

If you have any questions regarding these Terms or your use of the Site, Services or the Products, please contact us via email at support@coldture.com.