1. Agreement to These Terms

The website located at www.mylesapparel.com (the "Site") is owned and operated by Octi Holding LLC, a Florida limited liability company doing business as Myles Apparel ("Myles Apparel," "we," "us," or "our"). These Terms and Conditions (the "Terms") govern your access to and use of the Site, our mobile messaging program, and any purchase you make from us, whether through the Site or another sales channel we operate.

By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy and Refund Policy, which are incorporated by reference. If you do not agree to these Terms, do not use the Site or purchase from us.

Please read Section 15 (Dispute Resolution) carefully. It requires that most disputes between you and us be resolved through binding, individual arbitration and waives your right to a jury trial and to participate in a class action.

2. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to place an order or enter into these Terms. If you are between thirteen (13) and eighteen (18), you may use the Site only with the involvement and permission of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. The Site is not directed to children under thirteen (13), and we do not knowingly collect personal information from them.

3. Your Account

Certain features of the Site allow you to create an account. You are responsible for keeping your username and password confidential and for all activity that occurs under your account. You agree to provide accurate and current information and to notify us promptly at contact@mylesapparel.com if you suspect any unauthorized use of your account. We may suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Products, Pricing, and Availability

All products offered on the Site are subject to availability. We make reasonable efforts to display product colors, materials, and details accurately, but we cannot guarantee that your device's display will reflect the actual product precisely.

All prices are listed in U.S. dollars unless otherwise stated and are subject to change without notice. Despite our best efforts, a product may occasionally be listed at an incorrect price or with incorrect information. If a product's correct price is higher than the price stated on the Site at the time you ordered, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of the cancellation. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted an order.

We reserve the right to limit the quantities of any product sold, to refuse or cancel any order, and to discontinue any product at any time. These limits may be applied to orders placed by or under the same customer account, the same payment method, or orders that use the same billing or shipping address. We may also refuse or cancel orders that appear to be placed by dealers, resellers, or distributors.

5. Orders and Payment

Your order is an offer to purchase. We accept your offer when we ship the product to you. An order confirmation email does not constitute acceptance, and we may cancel an order for any reason before shipment, including suspected fraud, pricing or product errors, or unavailability. If we cancel an order after your payment has been processed, we will issue a full refund to your original payment method.

You represent that you are authorized to use the payment method you provide and that the billing information you supply is accurate. We may use third-party payment processors (including Shopify Payments, Shop Pay, PayPal, and installment providers such as Affirm or Afterpay) to process your payment; those services are subject to their own terms. Applicable sales tax will be calculated and charged based on the shipping address and the tax laws in effect at the time of purchase.

6. Shipping and Risk of Loss

Shipping options, estimated delivery times, and shipping charges are displayed at checkout. Delivery estimates are estimates only and are not guaranteed. Title to and risk of loss for products pass to you upon our delivery of the products to the carrier. We are not responsible for delays caused by carriers, customs, weather, or other events outside our control. If you purchase a pre-order or product with a delayed ship date, the estimated shipping window is shown on the product page and in your order confirmation.

You are responsible for providing a complete and accurate shipping address. We are not responsible for packages delivered to an incorrect address that you provided, or for packages that are confirmed delivered by the carrier but reported missing, unless you purchased shipping protection at checkout, in which case the terms of that protection apply.

7. Returns, Exchanges, and Warranty

Our return and exchange process, eligibility requirements, timelines, and any applicable fees are set out in our Refund Policy at www.mylesapparel.com/policies/refund-policy, which forms part of these Terms. Final sale items are not eligible for return or exchange. Product warranty coverage, including our quality guarantee, is described on the Product Warranty page of the Site and is subject to the conditions stated there. We reserve the right to refuse returns or exchanges, or to charge a return fee, where a product shows signs of wear or alteration or where we reasonably believe an account is engaged in return abuse.

8. Promotions, Discount Codes, and Gift Cards

From time to time we offer discount codes, free product offers, and other promotions through the Site, email, text message, social media, and other channels. Promotions are subject to the terms stated in the offer, may not be combined with other offers unless expressly stated, cannot be applied to prior purchases, and have no cash value. We reserve the right to determine, in our sole discretion, whether the qualifying conditions for any promotion have been met.

If you circumvent or attempt to circumvent the Site's safeguards to obtain a discount, free product, or other benefit you are not entitled to (including by creating multiple accounts, stacking codes not intended to be combined, or exploiting a technical error), we may remove the unearned benefit from your order, cancel the order in whole or in part, or suspend your account. We will notify you of any such change using the email address or phone number associated with your order.

Gift cards purchased on the Site are subject to the terms described on the Gift Card page of the Site. Gift cards are not redeemable for cash except where required by law and cannot be replaced if lost or stolen.

9. Intellectual Property and Limited License

The Myles Apparel name, logo, product names, and all related marks and trade dress displayed on the Site (the "Marks") are trademarks of Octi Holding LLC. You may not use the Marks in connection with any product or service that is not ours, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits Myles Apparel. All other trademarks appearing on the Site are the property of their respective owners.

All content on the Site, including text, graphics, logos, icons, images, photographs, audio and video clips, product descriptions, digital downloads, data compilations, and software (the "Content"), is owned by or licensed to Octi Holding LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. We reserve all rights not expressly granted in these Terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site. This license does not permit you to download (other than page caching), copy, reproduce, modify, distribute, sell, or commercially exploit any Content or any portion of the Site; to collect or use product listings, descriptions, images, or pricing for any commercial purpose; to use data mining, robots, scrapers, or similar automated tools; to frame or use framing techniques to enclose any Content or Marks; or to use any meta tags or hidden text incorporating our name or Marks, in each case without our express written consent. Any unauthorized use terminates the license granted here.

10. Content You Submit

If you post reviews, comments, photographs, videos, or other material to the Site or submit it to us (including by tagging us on social media, participating in a campaign, or sending it to us directly) ("User Content"), you grant Octi Holding LLC and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit that User Content in any media now known or later developed, including for advertising and promotional purposes, and to use the name, username, and likeness you submit in connection with it.

You represent and warrant that you own or control all rights to the User Content you submit, that it is accurate, that it does not violate these Terms or any law, and that it will not infringe the rights of, or cause injury to, any person or entity. You agree to indemnify us for all claims arising from User Content you submit. We may, but are not obligated to, monitor, edit, or remove any User Content at our sole discretion. Reviews and testimonials reflect the views of the individuals who submit them and not the views of Myles Apparel.

11. Prohibited Uses

You agree not to use the Site or our services for any unlawful purpose; to solicit others to perform unlawful acts; to violate any applicable law or regulation; to infringe our or others' intellectual property rights; to harass, abuse, defame, or discriminate against anyone; to submit false or misleading information; to upload or transmit viruses or other malicious code; to collect or track the personal information of others; to spam, phish, or scrape; to interfere with the security or operation of the Site; or to impersonate any person or entity. We may terminate your access to the Site for violating any of these prohibitions.

12. Third-Party Services and Links

The Site may include links to third-party websites, tools, or services (including payment processors, returns portals, shipping protection providers, and social media platforms). We do not control and are not responsible for the content, accuracy, or practices of third parties, and we make no warranty regarding them. Your use of third-party services is at your own risk and subject to their terms and privacy policies. Please review them carefully before engaging in any transaction.

13. Mobile Messaging (SMS/MMS) Program

Myles Apparel offers a mobile messaging program (the "Program") that is governed by this Section 13 together with the rest of these Terms and our Privacy Policy. By opting in to the Program you agree to these terms, including the dispute resolution provisions in Section 15.

Opt-In and Consent. You may join the Program by affirmatively opting in through a sign-up form on the Site, a pop-up, a keyword text, or another enrollment method we make available. By opting in, you consent to receive recurring automated marketing text messages (SMS and MMS), which may be sent using an automatic telephone dialing system or other automated technology, at the mobile number you provided. Consent to receive marketing messages is not a condition of any purchase. Message and data rates may apply. Message frequency varies.

Opt-Out. To stop receiving messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive from us. You may receive one additional message confirming your opt-out. You may also opt out by contacting us at contact@mylesapparel.com with the mobile number you wish to remove; we will process such requests within a reasonable time. Opting out of one Program or message stream may not opt you out of others you have separately joined.

Help. For support, reply HELP to any message or email contact@mylesapparel.com.

Change of Number. If you change, cancel, or transfer your mobile number, you agree to opt out of the Program first, or to notify us at contact@mylesapparel.com. You agree to indemnify and hold us harmless from any claim or liability, including under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and similar state laws, arising from your failure to notify us of a change in your number.

Program Description and Providers. Messages may include promotions, offers, product launches, order and shipping notifications, cart reminders, and other information about our products and services. We use third-party platforms, including Klaviyo, Inc., to deliver Program messages, and message delivery depends on your wireless carrier and network. Wireless carriers are not liable for delayed or undelivered messages. If your device does not support MMS, you may receive SMS in its place.

Eligibility. You must be at least eighteen (18) years old (or have the consent of a parent or legal guardian if you are between thirteen (13) and eighteen (18)), own a wireless device capable of two-way messaging, and subscribe to a participating carrier with text messaging service.

Disclaimer. The Program is provided on an "as-is" and "as-available" basis and may not be available in all areas or at all times, and may not work following changes made by your carrier. We are not liable for delays or failures in the delivery of any message.

Prohibited Content. You agree not to send us any content that is fraudulent, defamatory, threatening, harassing, obscene, hateful, or discriminatory; that contains malicious code; that promotes unlawful products or services; that contains protected health information; or that otherwise violates applicable law.

14. Electronic Communications

By using the Site, creating an account, placing an order, or opting in to email or text communications, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may unsubscribe from marketing emails at any time using the link in any email.

15. Dispute Resolution and Binding Arbitration

Please read this Section carefully. It affects your legal rights.

Informal Resolution. Before starting arbitration or filing a claim, you agree to first contact us at contact@mylesapparel.com (or by mail at the address in Section 22) with a written description of the dispute and the relief you seek, and to work with us in good faith for at least thirty (30) days to resolve it informally. We will do the same before bringing a claim against you.

Agreement to Arbitrate. If the dispute is not resolved informally, you and Octi Holding LLC (including its affiliates, officers, employees, agents, successors, and third-party service providers acting on its behalf, such as messaging and payment platforms) agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Program, any product purchased from us, or the relationship between you and us, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and including disputes about the scope, validity, or enforceability of this arbitration agreement, will be resolved exclusively by binding, individual arbitration rather than in court, except as provided below.

Arbitration Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section. The arbitration will be conducted by a single neutral arbitrator. Any in-person hearing will take place in Miami-Dade County, Florida, unless you and we agree otherwise or the arbitrator determines that a video or telephonic hearing is appropriate. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules, except that we will pay all such fees for claims by consumers seeking less than $10,000 unless the arbitrator finds the claim frivolous. The arbitrator may award the same individual relief that a court could award, including attorneys' fees where authorized by statute or contract, but may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action and Jury Trial Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may also seek injunctive or other equitable relief in court to protect its intellectual property rights. Nothing in this Section prevents you from bringing a complaint to a federal, state, or local government agency.

Coordinated Filings. If twenty-five (25) or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree that the demands will be resolved in staged batches under the AAA Multiple Consumer Case Filing procedures (or, if unavailable, in batches of no more than twenty-five (25) as selected by the parties), and that the statute of limitations on any claim will be tolled while it awaits its batch.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to contact@mylesapparel.com within thirty (30) days after you first accept these Terms, stating your name, mailing address, the phone number and email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Severability of this Section. If any part of this Section is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court, with the remaining claims proceeding in arbitration. This Section survives termination of these Terms and of your relationship with us.

16. Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN WRITING BY US (INCLUDING ANY WRITTEN PRODUCT WARRANTY PUBLISHED ON THE SITE). TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OUR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OCTI HOLDING LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE PROGRAM, OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you; in such jurisdictions our liability is limited to the maximum extent permitted by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Octi Holding LLC, its affiliates, and their respective owners, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your violation of any law or the rights of a third party, your User Content, or your use of the Site or the Program.

19. Governing Law

These Terms and any dispute between you and us are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-laws principles. Subject to Section 15, you and we agree that any action not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Termination

We may suspend or terminate your access to the Site or your account at any time, with or without notice, for any conduct that we believe violates these Terms or is harmful to us, other users, or third parties. Sections 9, 10, and 15 through 22 survive any termination.

21. Changes to These Terms

We may modify these Terms at any time by posting the revised Terms on the Site and updating the "Last updated" date above. Changes take effect when posted, and your continued use of the Site or the Program after that date constitutes your acceptance of the revised Terms, except that changes to Section 15 will not apply to disputes for which either party has already provided written notice. Modifications do not affect our rights with respect to any breach that occurred under a previous version of these Terms.

22. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, Refund Policy, and any product-specific terms posted on the Site, constitute the entire agreement between you and us regarding the Site and supersede any prior agreements. Assignment. You may not assign these Terms without our written consent. We may assign these Terms, in whole or in part, to any affiliate or to a successor in connection with a merger, acquisition, or sale of assets, and these Terms bind and benefit our successors and assigns. Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force. No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. Force Majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, carrier delays, labor disputes, government action, pandemics, or failures of the internet or third-party services. Headings. Section headings are for convenience only and have no legal effect.

23. Contact Us

Questions about these Terms, notices, and arbitration opt-out requests should be directed to:

Octi Holding LLC d/b/a Myles Apparel

1728 NE Miami Gardens Dr

North Miami Beach, FL 33162

Email: contact@mylesapparel.com