Terms of service

Effective Date: January 1, 2023
Last Updated: October 17, 2025

These Terms of Use (“Terms”) are a legally binding agreement between you and Infraway LLC, doing business as Infraway (“Infraway,” “we,” “us,” or “our”), governing your access to and use of www.theinfraway.com, our mobile applications, and any related media, software, services, sales, marketing, and events (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, please discontinue use of the Services immediately.

We may update these Terms from time to time. The “Last Updated” date reflects the latest version, which becomes effective immediately upon posting. Continued use means acceptance of the revised Terms.

1. Who We Are

Infraway LLC operates as a wellness and performance technology company based in San Francisco, California, United States.
These Terms govern your access to and use of Infraway’s website, mobile application, and associated products and Services.

2. Eligibility and Acceptance

You must be at least 13 years old to use our Services. If you are under your jurisdiction’s age of majority, you may only use the Services with the consent and supervision of a parent or legal guardian.

By accessing or using the Services, you represent that you (a) have the legal capacity to enter into these Terms, (b) will comply with all applicable laws, and (c) will not use the Services for any unlawful or prohibited purpose.

3. Account Registration and Security

Some features require creating an account. You agree to:

  • Provide accurate, current, and complete information,

  • Maintain the confidentiality of your credentials, and

  • Promptly notify us of any unauthorized access or use of your account.

We may require identity verification to protect user data and accounts.

4. Intellectual Property Rights

All text, images, logos, software, and other materials on the Services (collectively, the “Content”) are owned or licensed by Infraway and are protected by intellectual property laws.

You are granted a limited, revocable, non-transferable license to use the Services for personal, non-commercial purposes only.
 You may not copy, reproduce, modify, distribute, or create derivative works from the Content unless expressly permitted by Infraway.

5. User Content and Feedback

If you submit content (e.g., reviews, suggestions, feedback, or testimonials), you retain ownership but grant Infraway a non-exclusive, royalty-free, worldwide, sublicensable license to use, display, and reproduce that content solely to operate, improve, and promote our Services.

You represent that your content is lawful, accurate, and does not infringe the rights of others.
 Feedback may be used freely by Infraway without compensation or obligation.

6. Acceptable Use

You agree not to:

  • Use bots, scrapers, or automated systems;

  • Upload or transmit malware or harmful code;

  • Impersonate others or misrepresent your affiliation;

  • Harass, threaten, or exploit users or staff;

  • Reverse-engineer or attempt to circumvent security measures;

  • Use the Services to compete with or harm Infraway.

We reserve the right to suspend or terminate access at our discretion to protect users and systems.

7. Product Information, Purchases, and Pricing

We aim to display product details accurately but cannot guarantee that device displays reflect actual colors or specifications.

Accepted payment methods include PayPal, Visa, and Mastercard. By submitting an order, you authorize Infraway to charge your selected payment method for the full amount, including taxes and shipping.

All products are subject to availability, and pricing may change without notice.
 Please review our Return Policy before making a purchase.

8. Promotions, Coupons, and Offers

From time to time, we may provide promotional codes, credits, or discounts (“Promotions”). Unless otherwise stated:

  • Promotions are single-use, non-transferable, and not redeemable for cash;

  • Promotions cannot be combined with other offers or applied retroactively;

  • Misuse or unauthorized distribution may void eligibility;

  • Refunds will not exceed the amount actually paid;

  • Promotions are void where prohibited and subject to change or cancellation.

Affiliate and influencer codes must comply with Infraway’s pricing and marketing policies.

9. Wholesale and Retailer Sales

Authorized reseller transactions are governed by separate Wholesale Terms & Conditions and any signed reseller agreements, which take precedence in case of conflict.
Unauthorized resale, redistribution, or marketplace listings (e.g., Amazon, eBay) are strictly prohibited.

10. Mobile App License

We grant you a revocable, non-exclusive, non-transferable license to install and use the Infraway mobile app on devices you own or control.

If downloaded from the Apple App Store or Google Play, you must also comply with their respective terms of service. App distributors are third-party beneficiaries of this section.

11. Health, Safety, and FDA Compliance

Our products and Services are designed for general wellness and comfort enhancement only. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or condition.

Regulatory Notice (Non-Medical)

Statements made by Infraway have not been evaluated by the U.S. Food & Drug Administration (FDA) or any similar authority.
You should not rely on our Services or products for medical decisions. Always consult a qualified healthcare provider before using our products if you have health-related concerns.

12. Privacy

Your use of the Services is governed by our Privacy Policy, which forms part of these Terms.
By using our Services, you consent to the collection, use, and processing of your information per that policy.

13. Marketing Communications Consent

By providing your email address or phone number, you consent to receive communications from Infraway, including promotional messages.
You may opt out at any time by clicking the “unsubscribe” link or contacting hello@theinfraway.com.

14. Third-Party Services

The Services may contain links or integrations with third-party websites or software.
Infraway does not control or endorse any third-party content or practices and is not responsible for their policies.
Your use of third-party services is governed by their respective terms and privacy notices.

15. Beta and Experimental Features

We may occasionally release beta or experimental features to improve user experience.
These features are provided “as is”, may change or be discontinued at any time, and may have distinct data-handling notices.

16. Reseller and Marketplace Conduct

Authorized resellers must comply with Infraway’s brand, pricing, and distribution guidelines.
Unauthorized resale, diversion, or unapproved marketplace sales are prohibited and may result in termination of authorization and legal action.

17. Modifications and Availability

We may update, suspend, or discontinue parts of the Services at any time without prior notice. Infraway is not responsible for downtime, delays, or service interruptions.

18. Export Control and Sanctions

You represent that you are not located in, or a resident of, a country subject to U.S. embargoes or listed on any U.S. prohibited-party list.
You agree not to use or export our products or Services in violation of U.S. law.

19. Disclaimers

THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, INFRAWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted operation, accuracy, or suitability of the Services.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFRAWAY AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.

Our total liability for any claim shall not exceed the greater of (a) $100 USD or (b) the amount you paid for the affected product or Service in the three (3) months preceding the claim.

21. Indemnification

You agree to defend, indemnify, and hold harmless Infraway, its affiliates, and personnel from any claims, losses, or expenses (including attorneys’ fees) arising from your use of the Services, violation of these Terms, or infringement of others’ rights.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles.
Disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in San Francisco County, California.

23. Dispute Resolution and Arbitration (U.S. Users)

Any dispute arising under or in connection with these Terms will be resolved by binding arbitration administered by JAMS or the American Arbitration Association (AAA) in San Francisco, California.

  • Individual Basis Only: No class or representative actions.

  • Opt-Out: You may opt out by emailing hello@theinfraway.com within 30 days of first acceptance, using “Arbitration Opt-Out” as the subject line.

  • Exceptions: Either party may bring IP or small-claims matters in court.

24. Force Majeure

Infraway is not liable for delays or failures caused by circumstances beyond its reasonable control, including acts of nature, cyberattacks, or government actions.

25. Electronic Communications and E-Signatures

By using our Services, you agree to receive communications electronically and that electronic signatures, records, and contracts satisfy legal requirements.

26. Non-Waiver of Consumer Rights

Nothing in these Terms limits any mandatory consumer protection rights under applicable law that cannot be waived.

27. Miscellaneous

  • Headings are for convenience only and do not affect interpretation.

  • These Terms and incorporated policies represent the entire agreement between you and Infraway.

  • If any provision is deemed invalid, the remainder remains effective.

  • You may not assign these Terms without our consent; we may assign them freely.

  • These Terms are written and will be interpreted in English; translations are for convenience only.

28. Contact Us

Infraway LLC
447 Sutter Street, Suite 405 #401
San Francisco, CA 94108
United States
hello@theinfraway.com

Policy last reviewed internally on: October 17, 2025

Policy Version: v3.0