Terms of Service

TERMS OF SERVICE
Last updated: October 5, 2026

IMPORTANT: SECTIONS 5, 23 AND 24 DESCRIBE RISKS YOU ACCEPT AND LIMIT OUR LIABILITY. SECTION 26 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO CUSTOMERS WHO LIVE IN THE UNITED STATES. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.

OVERVIEW
Welcome to Xolaris! Xolaris is a brand of Abdi Inc. The terms "Xolaris", "we", "us" and "our" refer to Abdi Inc. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Xolaris is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about safe use of our products, risks you accept, warranty limitations, limitations of our liability and how disputes are resolved.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy (https://xolariscybertruck.com/policies/privacy-policy). When you place an order or approve a build spec, you also confirm that you have read and agree to these Terms, our Installation and Safety Requirements, our Return and Refund Policy, our Shipping Policy and our Limited Lifetime Structural Warranty. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. Product images on our site include digital renders. Every set is machined and finished to order, so the color, brushing and texture of finished wheels can vary slightly from images and between production batches. Colors may also appear differently depending on your device and its settings. We do not warrant that the appearance of any products purchased by you will be identical to the images or renders shown on our site.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - INTENDED USE AND SAFETY
Our wheels are designed for use on the Tesla Cybertruck on public roads and in light off-road conditions, within the load and speed ratings of the vehicle and of the tires fitted. They are not designed or warranted for racing, track or competition use, jumping, rock crawling or other extreme off-road use, loads beyond the vehicle's or tires' ratings, or use on any other vehicle.
Wheels are safety-critical parts. Before installing or driving on our wheels, you agree to read and follow our Installation and Safety Requirements (https://xolariscybertruck.com/installation-safety), and to make sure your installer and anyone who drives your vehicle follow them. In particular, you agree to: (a) have the wheels installed by a qualified professional installer, torqued to the vehicle manufacturer's specification and re-torqued after the first 50 to 100 miles (80 to 160 km) and after any wheel removal; (b) inspect the wheels regularly and after any impact; (c) stop driving on any wheel that is bent, cracked or otherwise damaged, or that causes vibration or air loss, and contact us; and (d) never weld, heat, straighten, re-machine, repair or refinish a wheel, or use a wheel that anyone other than us has modified or repaired.
If you sell or transfer the wheels, or a vehicle fitted with them, you agree to give the new owner our Installation and Safety Requirements.
Misuse, modification, improper installation or failure to follow these requirements can cause wheel failure, loss of vehicle control, serious injury or death.

SECTION 4 - FITMENT, INSTALLATION AND VEHICLE MODIFICATIONS
You are responsible for confirming that the size, width, offset, finish and any custom specifications you approve are right for your vehicle, including any suspension, body, widebody or tire modifications. Our fitment guides, calculator and recommendations are general guidance based on information available to us and the information you provide. Final fitment depends on your vehicle, tires and modifications.
Wheels must be installed by a qualified professional installer using hardware compatible with the wheels and the vehicle, hub-centric fitment and the vehicle manufacturer's torque specification. You are responsible for your installer's work.
Tires must be approved by the tire manufacturer for the wheel width and must meet or exceed the load index and speed rating required for your vehicle. Tire selection, mounting, balancing and TPMS sensor installation are your responsibility.
Changing wheel and tire size can affect speedometer and odometer accuracy, driver assistance and other vehicle systems, ride, handling, braking, energy consumption and range, ground clearance and tire clearance. You are responsible for any calibration your vehicle needs and for deciding whether a setup suits how you drive.
Tesla decides its own warranty coverage. We do not control and are not responsible for any decision Tesla makes about warranty coverage for your vehicle after aftermarket parts are installed.
You are responsible for making sure your modified vehicle complies with the laws where you register and drive it, including rules on wheel and tire coverage, vehicle width and equipment.

SECTION 5 - ASSUMPTION OF RISK AND RELEASE
YOU UNDERSTAND THAT INSTALLING AFTERMARKET WHEELS MODIFIES YOUR VEHICLE FROM ITS FACTORY CONFIGURATION, AND THAT DRIVING ANY VEHICLE INVOLVES RISK OF PROPERTY DAMAGE, SERIOUS INJURY AND DEATH. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS ARISING FROM: (A) THE SPECIFICATIONS AND TIRES YOU SELECT OR APPROVE; (B) THE INSTALLATION, MAINTENANCE AND INSPECTION OF OUR PRODUCTS; AND (C) ANY USE OF OUR PRODUCTS THAT DOES NOT FOLLOW THESE TERMS AND OUR INSTALLATION AND SAFETY REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE XOLARIS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS FROM ALL CLAIMS ARISING FROM THOSE RISKS. THIS RELEASE DOES NOT APPLY TO ANY LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

SECTION 6 - CUSTOM BUILD SPECS AND FINISH SAMPLES
Every set is made to order to the build spec you approve. Your approved build spec, including design, size, width, offset, finish and any custom details, is the final specification for your order. We are not responsible for a set that matches the build spec you approved but does not suit your vehicle or your preferences, including where custom specifications are based on measurements you provided.
Where we provide finish samples for your approval, the sample you approve sets the standard for your finish. Finished wheels are machined and finished by hand, so small variations in color, brushing and texture within normal finishing tolerances, and differences in appearance between screens, renders, samples and finished wheels, are not defects.

SECTION 7 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. We may decline or cancel an order before production begins, including where we cannot confirm fitment or payment or we suspect fraud, and we will refund any amount you paid for it. If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address and/or phone number provided with the order.
Production begins once you approve your final build spec. Cancellations, returns and refunds are handled solely in accordance with our Return and Refund Policy (https://xolariscybertruck.com/policies/refund-policy).
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless we have agreed otherwise in writing.

SECTION 8 - PRICES, TAXES, TARIFFS AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when your order is placed, as set out in your order confirmation email.
Prices shown for delivery to Canada and the contiguous United States (48 states plus DC) include delivery and import charges in effect when your order is accepted. Applicable taxes are calculated and shown at checkout. Deliveries outside Canada and the contiguous United States, including Alaska, Hawaii and US territories, are quoted separately before you order, and any duties, taxes or charges for those deliveries will be set out in your quote.
If, after your order is accepted, a government imposes a new or increased tariff, duty or import tax that applies to your order, we will tell you the documented increase in writing. If production has not begun, you may cancel for a full refund. If production has begun, we will either absorb the increase or ask you to pay it before delivery, and we will never charge more than the documented increase.
If you pay with Shop Pay Installments, your payment plan is provided by Affirm and is subject to Affirm's terms and eligibility checks.
We may offer promotions that are governed by separate terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorized to use the payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
If you have a concern about a charge, please contact us first so we can resolve it. If you dispute a charge with your payment provider, you authorize us to share your order records, build spec approval, acknowledgments, communications, production photos and delivery confirmation with your payment provider to respond to the dispute.

SECTION 9 - SHIPPING, DELIVERY AND RISK OF LOSS
We deliver to Canada and the contiguous United States (48 states plus DC). Alaska, Hawaii and US territories are quote-only.. Delivery timing is described in our Shipping Policy (https://xolariscybertruck.com/policies/shipping-policy). Production and delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our reasonable control, and we will keep you informed of your order's progress.
We may require a signature on delivery. If a shipment cannot be delivered because of incorrect information you provided, or you refuse delivery, you are responsible for any additional delivery costs, and refused orders are not eligible for a refund once production has begun.
Title and risk of loss pass to you on delivery. Please inspect your wheels on delivery and before mounting tires. Damage in transit must be reported within 48 hours of delivery as set out in our Shipping Policy. Mounting tires on a wheel confirms that it arrived free of visible damage.

SECTION 10 - WARRANTY
Our wheels are covered only by our Limited Lifetime Structural Warranty, which is posted on our site and linked in the footer of every page. It applies to the original purchaser and is not transferable. It is the only express warranty we give for our products, and the remedies it describes are your exclusive remedies for defects, in addition to any rights you have under applicable law that cannot be excluded.

SECTION 11 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, wheel and product designs, text, displays, images, renders, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Xolaris, its affiliates or licensors and are protected by Canadian, U.S. and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Xolaris, Shopify or any third party. All rights not expressly granted herein are reserved by Xolaris.
Xolaris's names, logos, product and service names, designs and slogans are trademarks of Xolaris or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Tesla and Cybertruck are trademarks of Tesla, Inc. Xolaris is not affiliated with or endorsed by Tesla, Inc. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 12 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) offer them.
We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms.

SECTION 13 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 14 - RELATIONSHIP WITH SHOPIFY
Xolaris is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Xolaris. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Xolaris, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Xolaris.

SECTION 15 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (https://xolariscybertruck.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you.

SECTION 16 - ELECTRONIC COMMUNICATIONS AND SIGNATURES
You agree that we may communicate with you electronically, including by email, and that agreements, approvals, acknowledgments and notices given electronically, including checking a box on our site and approving your build spec by email, satisfy any legal requirement that they be in writing and signed.

SECTION 17 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photos, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene content or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, specifications, pricing, promotions, offers, delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason, we will refund any amount you paid for it.

SECTION 19 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Xolaris, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, including our designs, renders and images; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper or other automated means to access the Services in a way that ignores our robots.txt file, overloads the Services, or collects our content for resale or to build competing products; or (f) interfere with, bypass or circumvent the security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 20 - AGENTS
20.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
20.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 20.4. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.
20.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.
20.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use or interactions are from an Agent, such as by mimicking human behavior and interaction patterns, or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
20.5 This section does not restrict search engine or AI search crawlers that identify themselves and follow our robots.txt file.

SECTION 21 - EVENTS BEYOND OUR CONTROL
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, government action, tariffs or trade restrictions, port, customs or carrier delays, labor disputes, factory shutdowns, supply shortages, or utility or internet failures. We will keep you informed and resume performance as soon as practical. If an event like this prevents us from delivering your order within 6 months after the estimated delivery date, either of us may cancel the order, and we will refund the amount you paid.

SECTION 22 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect orders already accepted, which remain governed by these Terms.
The following sections will continue to apply following any termination: Intended Use and Safety, Fitment, Installation and Vehicle Modifications, Assumption of Risk and Release, Warranty, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, Severability, Waiver; Entire Agreement, Assignment, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 23 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.
EXCEPT FOR OUR LIMITED LIFETIME STRUCTURAL WARRANTY AND ANY WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOR OUR PRODUCTS, ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND DURABILITY, ARE LIMITED TO THE DURATION OF OUR LIMITED LIFETIME STRUCTURAL WARRANTY AND TO THE EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 24 - LIMITATION OF LIABILITY
24.1 EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO A PRODUCT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IS, AT OUR OPTION, REPLACEMENT OF THE PRODUCT OR A REFUND OF THE PRICE YOU PAID FOR IT.
24.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
24.3 EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL XOLARIS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, OR FOR INSTALLATION OR REMOVAL LABOR, TIRES, TIRE MOUNTING AND BALANCING, ALIGNMENT, TPMS SENSORS, TOWING, VEHICLE RENTAL, LOSS OF USE OF YOUR VEHICLE, OR ANY LOSS OR DAMAGE CAUSED BY IMPACT, MISUSE, IMPROPER INSTALLATION, MODIFICATION, REPAIR OR USE CONTRARY TO THESE TERMS OR OUR INSTALLATION AND SAFETY REQUIREMENTS, EVEN IF ADVISED OF THEIR POSSIBILITY.
24.4 TIME LIMIT. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING FROM THESE TERMS, THE SERVICES OR ANY PRODUCT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED.
24.5 These limitations apply even if a limited remedy fails of its essential purpose, and they are an essential basis of our pricing.
24.6 NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS. WHERE A LIMITATION IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT THE LAW ALLOWS.

SECTION 25 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Xolaris, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, (4) the installation, modification, repair or use of our products by you, your installer or anyone driving your vehicle in a way that does not follow these Terms or our Installation and Safety Requirements, or (5) your failure to give our Installation and Safety Requirements to a later owner of the wheels or of a vehicle fitted with them.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 26 - DISPUTE RESOLUTION
26.1 Informal resolution first. Before starting any claim, you and we agree to try to resolve the dispute informally. Send a written notice to orders@xolariscybertruck.com describing the dispute and the outcome you want. We will do the same if we have a dispute with you. Both of us will negotiate in good faith for 60 days after the notice is received.
26.2 Binding arbitration for United States customers. If you live in the United States and the dispute is not resolved within 60 days, you and Abdi Inc. agree that any dispute arising from or relating to these Terms, the Services or any product will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitrator decides all issues, except that a court decides any question about the validity, scope or enforceability of section 26.4. The Federal Arbitration Act governs this section. Arbitration fees are paid as provided in the AAA Consumer Arbitration Rules. The arbitration will be held by video conference or in the county where you live, unless we both agree otherwise.
26.3 Exceptions. Either of us may bring an individual claim in small claims court instead of arbitration, and either of us may ask a court for injunctive relief to stop infringement or misuse of intellectual property.
26.4 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for any claim, that claim will proceed in court rather than arbitration, and the rest of this section still applies.
26.5 Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same or coordinated counsel, they will be administered under the AAA's supplementary rules for mass or multiple case filings, to the extent those rules apply.
26.6 Right to opt out. You may opt out of sections 26.2 to 26.5 by emailing orders@xolariscybertruck.com within 30 days of your first purchase with your name, order number and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
26.7 Customers in Canada. Sections 26.2 to 26.6 do not apply to customers who live in Canada. Disputes with customers in Canada are resolved as set out in Section 27.

SECTION 27 - GOVERNING LAW
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of laws rules, except that the Federal Arbitration Act governs Section 26. If you live in Canada, you and Abdi Inc. agree to the jurisdiction of the courts of Ontario, sitting in Toronto, except where the consumer protection laws of your province give you the right to bring a claim in your local courts. Nothing in these Terms takes away any consumer protection rights you have under the laws of the place where you live.

SECTION 28 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. That determination shall not affect the validity and enforceability of any other provisions.

SECTION 29 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms. If a written build spec or order confirmation that we both approve conflicts with these Terms, the build spec or order confirmation controls for that order.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 30 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 31 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 32 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Changes do not apply to orders accepted before the change takes effect. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

SECTION 33 - CONTACT INFORMATION
Questions about these Terms should be sent to orders@xolariscybertruck.com.
Abdi Inc. (Xolaris)
88 Langtry Place, Thornhill, ON L4J 8L6, Canada
+1 (416) 880-8024
orders@xolariscybertruck.com