Terms of service

Terms of Service

Last updated: August 28, 2026

These Terms of Service (“Terms”) govern your access to and use of the ELLYRA website, online store, products, content, and related services.

The ELLYRA store is operated by DERMAWAVE LLC, doing business as ELLYRA (“ELLYRA,” “we,” “us,” or “our”). The legal business name and business address used below correspond to the company information shown on the IRS CP 575 notice.

By visiting our website, creating an account, placing an order, or otherwise using our services, you agree to these Terms.

If you do not agree with these Terms, please do not use our website or services.

1. Online Store Terms

By using this website, you confirm that you are at least the age of majority in your state, province, territory, or country of residence, or that you have permission from a parent or legal guardian where required.

You may not use our products, website, or services for any unlawful or unauthorized purpose.

You agree not to interfere with the operation, security, integrity, or performance of our website or services.

A breach of these Terms may result in suspension or termination of access to our services.

2. Our Store

Our online store is powered by Shopify.

Shopify provides the e-commerce platform that enables us to offer and sell products and services to customers.

Your use of certain Shopify-powered features may also be subject to Shopify’s applicable terms, policies, and privacy practices.

3. Products and Services

We make reasonable efforts to display and describe our products as accurately as possible.

However, colors, finishes, packaging, appearance, and other visual characteristics may vary slightly depending on factors such as:

  • Screen settings
  • Lighting
  • Manufacturing variations
  • Packaging updates
  • Product improvements

We reserve the right to modify, discontinue, replace, or update products at any time, subject to applicable law.

Product availability may vary by market.

4. Beauty and Cosmetic Information

ELLYRA products are intended for beauty, cosmetic, skincare, and personal care purposes unless expressly stated otherwise.

Information provided on our website is for general informational purposes and is not intended to replace professional medical advice, diagnosis, or treatment.

Results from skincare products and beauty devices may vary between individuals depending on factors such as skin type, age, routine, frequency of use, environment, and other personal characteristics.

Any claims, demonstrations, testimonials, or before-and-after materials presented on our website are intended to reflect the specific information identified with them and should not be interpreted as a guarantee that every customer will experience identical results.

If you have a medical condition, implanted device, skin condition, are pregnant, or have concerns about whether a beauty device or skincare product is appropriate for you, consult an appropriate healthcare professional before use where relevant.

5. Product Instructions and Safe Use

Customers are responsible for reading and following all instructions, warnings, contraindications, and recommended usage guidelines provided with ELLYRA products.

Products should only be used for their intended purpose.

ELLYRA is not responsible for damage caused by misuse, unauthorized modification, failure to follow instructions, use with incompatible accessories or products, or other improper use, except where liability cannot legally be excluded.

6. Prices and Currency

Prices may vary depending on your location and selected Shopify Market.

ELLYRA currently serves customers in markets including:

United States — USD
Canada — CAD
Australia — AUD
New Zealand — NZD

Prices displayed on the website may change without prior notice.

A price change will not normally affect an order that has already been successfully submitted and accepted, except in cases of obvious pricing errors or as otherwise permitted by applicable law.

Taxes, duties, import charges, or other fees may apply depending on the destination and fulfillment method.

Where applicable, such charges will be displayed at checkout or handled according to the applicable shipping and tax arrangement.

7. Promotions, Discounts, and Coupon Codes

Promotions, discounts, gifts, coupon codes, and special offers may be subject to specific terms.

Unless otherwise stated:

Promotional offers may not be combined.

Discount codes must be entered before the order is completed.

Discounts cannot normally be applied retroactively to previous purchases.

Promotions may be limited by market, product, quantity, customer, or promotional period.

ELLYRA reserves the right to modify or discontinue promotions where permitted by law.

We will not advertise false scarcity, unavailable discounts, or misleading promotional pricing.

8. Orders

Submitting an order does not necessarily mean that the order has been finally accepted.

We reserve the right, where reasonably necessary, to reject, limit, or cancel an order because of circumstances including:

  • Product unavailability
  • Suspected fraud
  • Payment authorization issues
  • Incorrect pricing
  • Shipping restrictions
  • Errors in product or order information
  • Orders that appear to be placed for unauthorized resale
  • Technical or system errors

If we cancel an order after payment has been successfully processed, we will issue an appropriate refund.

9. Accuracy of Customer Information

You agree to provide accurate, complete, and current information when placing an order.

This includes your:

Name
Email address
Telephone number
Billing information
Shipping address

ELLYRA is not responsible for delays or failed deliveries caused by incorrect or incomplete information provided by the customer, except where required by applicable law.

If you discover an error after placing an order, contact us as soon as possible at:

contact@ellyralabs.com

We cannot guarantee that order details can be changed after fulfillment has begun.

10. Payments

Payment methods available at checkout may vary by country, device, payment provider, and Shopify configuration.

Payments may be processed through Shopify Payments and/or third-party payment providers.

By submitting payment information, you represent that you are authorized to use the selected payment method.

Orders may be subject to payment verification and fraud-prevention procedures.

ELLYRA does not necessarily receive or store your complete payment card information.

11. Shipping and Delivery

Available shipping services, prices, and estimated delivery times may vary by market.

Delivery estimates displayed on our website or at checkout are estimates unless expressly stated as guaranteed.

Shipping times may be affected by circumstances outside ELLYRA’s reasonable control, including:

Carrier disruptions
Severe weather
Peak shopping periods
Customs processing
Incorrect addresses
Remote delivery locations
Public holidays
Transportation disruptions

Once your order ships, tracking information will be provided where tracking is available.

For full details, please review our Shipping Policy.

12. Returns, Refunds, and Exchanges

Returns, refunds, exchanges, and our 30-day guarantee are governed by our Returns & Refunds Policy.

Customers should review that policy before making a purchase.

Nothing in these Terms is intended to limit any non-waivable consumer rights available under applicable law.

[VERIFY: confirm that the 30-day guarantee applies exactly as described in the published Returns & Refunds Policy.]

13. Order Cancellation

If you need to cancel or modify an order, contact us as soon as possible.

We process orders quickly and cannot guarantee cancellation after an order has entered fulfillment or has shipped.

If an order cannot be canceled, you may need to follow the applicable return process after delivery.

14. Intellectual Property

Unless otherwise stated, all content appearing on the ELLYRA website is owned by or licensed to ELLYRA and/or DERMAWAVE LLC.

This may include:

Brand names
Logos
Product names
Product photographs
Videos
Graphics
Website design
Written content
Product descriptions
Advertising materials
Packaging designs
Technology descriptions
Illustrations

You may not copy, reproduce, distribute, modify, publish, sell, commercially exploit, or create derivative works from our intellectual property without prior written permission, except as permitted by law.

Use of the ELLYRA name, logo, or proprietary product names does not grant any ownership rights.

15. Trademarks

ELLYRA and certain product names, designs, graphics, or marks may be used as trademarks, trade names, or brand identifiers.

The use of the ™ symbol indicates a brand claim and does not necessarily represent registration in every jurisdiction.

Nothing on this website grants you a license to use ELLYRA branding without written permission.

16. Customer Content, Reviews, and Submissions

If you submit reviews, photographs, videos, testimonials, comments, feedback, or other content to ELLYRA, you confirm that you have the right to provide that content.

You must not submit content that:

  • Violates another person’s rights
  • Is unlawful or fraudulent
  • Is defamatory or threatening
  • Contains malicious software
  • Contains misleading information
  • Violates privacy or intellectual property rights

If ELLYRA wishes to use identifiable customer photographs, videos, testimonials, before-and-after content, or similar materials for advertising or promotional purposes, any additional permissions required by applicable law should be obtained.

We do not fabricate or materially alter customer testimonials to misrepresent actual customer experiences.

17. Third-Party Services and Links

Our website may include links to or integrations with third-party services.

These may include:

Payment providers
Shipping providers
Order-tracking services
Analytics services
Advertising platforms
Social media platforms
Customer review services

Third-party websites and services operate under their own terms and privacy policies.

ELLYRA is not responsible for the content, privacy practices, security, availability, or performance of third-party services except to the extent required by applicable law.

18. Optional Tools

We may provide access to third-party tools or integrations that we do not directly control.

Your use of optional third-party tools may be subject to additional terms imposed by those providers.

You should review those terms before using third-party services.

19. Errors and Inaccuracies

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to matters such as:

Product descriptions
Pricing
Promotions
Shipping charges
Delivery estimates
Availability

We reserve the right to correct errors, update information, or cancel affected orders where permitted by law.

Where an error materially affects an existing order, we will handle the situation in accordance with applicable consumer law.

20. Prohibited Uses

You may not use the website or services to engage in unlawful activity, violate intellectual property rights, harass or harm others, submit false information, upload malware or harmful code, collect personal information unlawfully, spam or phish users, interfere with security features, attempt unauthorized access, scrape the website in violation of applicable law, or otherwise misuse the services.

We may restrict or terminate access where we reasonably believe prohibited activity has occurred.

21. Fraud Prevention

We may use automated and manual fraud-prevention tools to evaluate transactions.

Orders that present significant fraud or security risks may be delayed, reviewed, declined, or canceled.

We may request additional verification information where reasonably necessary to protect customers, payment providers, and our business.

22. Disclaimer of Warranties

To the fullest extent permitted by applicable law, our website and services are provided on an “as available” basis.

We do not guarantee that the website will always operate without interruption, delay, security issue, or technical error.

Nothing in this section excludes warranties, guarantees, representations, or consumer protections that cannot legally be excluded.

Product-specific warranties or guarantees are governed by the applicable product information, Warranty Policy, Returns & Refunds Policy, and mandatory consumer law.

23. Limitation of Liability

To the fullest extent permitted by applicable law, ELLYRA and DERMAWAVE LLC will not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of our website or services where such liability may legally be excluded.

This limitation does not apply where applicable law prohibits the exclusion or limitation of liability.

Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded, including applicable statutory consumer protections.

24. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless DERMAWAVE LLC, ELLYRA, and their applicable affiliates, officers, employees, agents, and service providers from claims arising from your unlawful misuse of the website, violation of these Terms, or infringement of third-party rights.

This section does not limit any mandatory consumer protections.

25. Privacy

Your submission and processing of personal information through the store is governed by our Privacy Policy.

Please review the Privacy Policy to understand how personal information may be collected, used, disclosed, and protected.

26. Consumer Rights by Market

ELLYRA serves customers in multiple countries.

Depending on where you live, you may have mandatory consumer rights under applicable federal, state, provincial, territorial, or national law.

These may include rights relating to:

Product quality
Consumer guarantees
Misleading representations
Defective goods
Refunds
Replacements
Repairs
Privacy
Electronic commerce

These Terms do not limit rights that cannot legally be waived or excluded.

If applicable consumer law provides you with greater protection than these Terms, that law will prevail.

This is particularly important for customers in jurisdictions including Canada, Australia, and New Zealand, where statutory consumer protections may apply independently of our voluntary commercial policies.

27. Governing Law

Except where mandatory consumer protection laws provide otherwise, these Terms and any separate agreements through which we provide services will be governed by the laws applicable to DERMAWAVE LLC in the State of New Mexico, United States, without regard to conflict-of-law principles.

Customers may retain additional rights under the mandatory laws of their country, state, province, or territory of residence.

[VERIFY WITH LEGAL COUNSEL before relying on this governing-law provision for international disputes.]

28. Dispute Resolution

If you have a concern regarding an order, product, or service, we encourage you to contact our Customer Care team first so we can attempt to resolve the issue.

Contact:

contact@ellyralabs.com

Nothing in these Terms prevents a customer from exercising any right to seek a remedy through a court, consumer protection authority, payment provider, or other mechanism where such right cannot legally be restricted.

29. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where appropriate.

The remaining provisions will continue in effect.

30. Termination

These Terms remain effective unless terminated by you or us.

You may stop using our services at any time.

We may suspend or terminate access to our services where you materially violate these Terms, misuse our services, engage in fraud, or where termination is otherwise reasonably necessary and permitted by law.

Obligations that by their nature should survive termination will continue to apply.

31. Entire Agreement

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy, Warranty Policy, and any other policies referenced on the website, form the agreement governing your use of ELLYRA’s services.

Failure by us to enforce a provision does not constitute a waiver of that provision.

32. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

Our products
Our services
Our business practices
Technology
Legal requirements
Shopify functionality

The updated Terms will be posted on this page with a revised Last updated date.

Changes will apply prospectively except where otherwise permitted or required by law.

33. Contact Information

Questions about these Terms of Service may be sent to:

ELLYRA
Operated by DERMAWAVE LLC

Email: contact@ellyralabs.com
Phone / WhatsApp: +1 (332) 231-7392

Business Address:
500 4th St NW, Ste 102
Albuquerque, NM 87102
United States

The legal company name and business address above are consistent with the DERMAWAVE LLC information stated on the IRS CP 575 notice.