Terms of service

TERMS OF SERVICE

Last Updated: April 2026


Please read these Terms of Service ("Terms") carefully before using https://www.getspekt.com (the "Website") operated by Spekt, Inc., a Delaware corporation registered to do business in the State of California ("we," "us," or "our"). These Terms contain important information regarding your rights and our limitations of liability.


By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you do not have our permission to access or use the Website.


1. Eligibility & Acceptance

You represent that you are at least 18 years of age, or that you are using the Website with the consent and supervision of a parent or legal guardian. By using the Website, you represent and warrant that you have the legal capacity to enter into a binding contract.


2. Products & Pricing

We sell physical protective athletic apparel products through our Website.

  • All prices are listed in U.S. Dollars (USD) and do not include applicable taxes or shipping costs.

  • We reserve the right to update, modify, or discontinue pricing at any time without notice.

  • In the event of a pricing error on the Website, we reserve the right to cancel any orders placed at the erroneous price and notify you promptly.

  • Product descriptions are provided for informational purposes only and do not constitute warranties. We reserve the right to correct typographical errors or inaccuracies at any time.


3. Orders & Payments

Payments are processed through third-party providers, which may include Shopify Payments, Shop Pay, PayPal, and Stripe. By placing an order, you represent that:

  • You are legally authorized to use the payment method provided.

  • Your billing and payment information is accurate and complete.

We are not responsible for the collection, use, sharing, or security of your billing information by third-party payment processors. Please review each processor's terms and privacy policy directly.


4. Cancellations & Returns

Orders may be canceled prior to shipment by contacting us at help@getspekt.com. Once an order has been shipped, cancellations are not available and the order must follow our Return & Refund Policy.

We reserve the right to cancel any order at our sole discretion, including but not limited to orders involving suspected fraud, pricing errors, product unavailability, or violations of these Terms. In such cases, you will receive a full refund of any amount charged.

All returns must comply with our Return & Refund Policy (link on website). Returns not made in compliance with that Policy may be refused.


5. Shipping & Risk of Loss

We will ship products to the delivery address you provide. All purchases are made pursuant to a shipment contract. Risk of loss and title to products pass to you upon our delivery to the carrier. We are not responsible for products that are lost, stolen, or damaged after delivery to the carrier.

Shipping costs and estimated delivery times are provided during checkout and are subject to change. We are not liable for carrier delays or failures.


6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR PRODUCTS WILL PREVENT INJURY OR ACHIEVE ANY SPECIFIC ATHLETIC OR PROTECTIVE OUTCOME. YOUR USE OF OUR PRODUCTS IS AT YOUR SOLE RISK.

Nothing in these Terms limits our liability for personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law.


7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPEKT, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT PURCHASED SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

THE LIMITATION OF LIABILITY SET FORTH ABOVE REFLECTS A REASONABLE ALLOCATION OF RISK. THESE LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


8. Dispute Resolution — Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Before initiating any dispute, you agree to first contact us at help@getspekt.com and attempt to resolve the matter informally. If we cannot resolve the dispute within 30 days of your written notice, either party may initiate arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any product purchased from us shall be resolved exclusively through binding individual arbitration administered by JAMS (www.jamsadr.com) under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in San Diego County, California, unless you and we agree otherwise.

CLASS ACTION WAIVER: YOU AND SPEKT, INC. 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 CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one person and may not preside over any class or representative proceeding.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.


9. Governing Law & Venue

Spekt, Inc. is incorporated in the State of Delaware and registered to do business in the State of California, where its principal place of business is located. These Terms shall be governed by and construed in accordance with the laws of the State of California (not Delaware), without regard to its conflict of law provisions, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. California law governs because all operations, fulfillment, and customer-facing activities occur in California, and California consumer protection law (including the CLRA and UCL) applies to transactions with California residents regardless of the state of incorporation.

To the extent any dispute is not subject to arbitration under Section 8, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.


10. User Accounts

If you create an account on the Website, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account at help@getspekt.com.

We reserve the right to suspend or terminate accounts at our sole discretion, including for violations of these Terms, suspected fraud, or inactivity.


11. Prohibited Uses

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable federal, state, local, or international laws or regulations.

  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.

  • Attempt to gain unauthorized access to any portion of the Website, its servers, or related systems.

  • Transmit any unsolicited commercial communications, spam, or chain mail.

  • Introduce any viruses, malware, or other harmful code.

  • Interfere with or disrupt the integrity or performance of the Website.

  • Impersonate Spekt, Inc., its employees, or any other person or entity.

  • Harvest or collect personal information about other users without their consent.

  • Use the Website in any manner that could damage, disable, overburden, or impair its functionality.


12. Intellectual Property & DMCA

All content on this Website — including logos, designs, text, product images, graphics, and code (collectively, "Content") — is the proprietary property of Spekt, Inc. or its licensors, and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any Content without our prior written permission.

DMCA Notice: If you believe in good faith that any Content on the Website infringes your copyright, please send a written notice to help@getspekt.com containing: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the infringing Content and its location on the Website; (3) your contact information including name, address, telephone, and email; (4) a statement of good faith belief that the use is not authorized; and (5) a statement under penalty of perjury that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner.

We will respond to properly submitted DMCA notices in accordance with applicable law. Misrepresentation of infringement may result in liability for damages.


13. Reviews & User-Generated Content

You may submit product reviews, ratings, photos, or other feedback ("Reviews"). By submitting Reviews, you grant Spekt, Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, translate, distribute, and display your Reviews in any medium and for any lawful purpose, including marketing and advertising, without compensation to you.

You represent that you own or have the right to grant the above license for all content in your Review. Reviews must be truthful, accurate, and lawful. You agree not to submit Reviews that are defamatory, offensive, obscene, harassing, or that infringe the rights of any third party.

We reserve the right to remove, edit, or decline any Review at our sole discretion.


14. Third-Party Services & Links

The Website may reference or link to third-party websites, services, or platforms. We do not control and are not responsible for the content, privacy practices, or policies of any third-party sites. Links are provided for convenience only and do not constitute our endorsement.

We use third-party service providers for payment processing, analytics, and marketing. Your interactions with these third parties are governed by their own terms and privacy policies.


15. SMS / Mobile Messaging Terms

The Spekt mobile message service (the "Service") is operated by Spekt, Inc. ("Spekt", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes constitutes your acceptance of those changes.

Program description. By consenting to Spekt's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Spekt through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include order updates, shipping notifications, account alerts, and information you have requested. Promotional messages may include promotions, specials, new arrivals, and other marketing offers, including cart reminders.

Consent is voluntary. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spekt. Your participation in this program is completely voluntary.

Age requirement. The Service is available only to individuals 18 years of age or older. By enrolling, you represent that you are at least 18 years old and that the mobile number you have provided is your own. We do not knowingly enroll anyone under 18 in the Service. If you believe a minor has been enrolled, contact us at help@getspekt.com and we will remove the number promptly.

Cost and frequency. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

How to opt out. You may opt out of the Service at any time. Text the single keyword command STOP to +18777138925, reply STOP to any message you receive from us, or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. We honor opt-out requests submitted by any reasonable means, not only by replying STOP.

How to get help. For help or more information about the Service, text the single keyword command HELP to +18777138925 or email us at help@getspekt.com. You may also reach our customer care team at help@getspekt.com with any questions about the Service, your subscription, or these Mobile Terms.

Changes to our numbers. We may change any telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

Carriers and delivery. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Privacy. We respect your right to privacy. To see how we collect and use your personal information, including the mobile number you provide, please see our Privacy Policy at https://www.getspekt.com/policies/privacy-policy.


16. Privacy

Your use of the Website is also governed by our Privacy Policy, available at [link], which is incorporated into these Terms by reference. By using the Website, you consent to the data practices described in our Privacy Policy.


17. Changes to These Terms

We reserve the right to modify these Terms at any time. The updated Terms will be posted on the Website with a revised "Last Updated" date. Your continued use of the Website after any modification constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.


18. Severability, Waiver & Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Spekt, Inc. concerning the Website and your purchases, and supersede all prior or contemporaneous understandings, agreements, or communications.


19. Contact Us

If you have any questions about these Terms, please contact us at:

Spekt, Inc.

Email: help@getspekt.com

Website: https://www.getspekt.com