Terms of service

Terms of Service

Last updated: July 20, 2026

Overview

Welcome to Elevate Performance.

Elevate My Everyday operates the Elevate Performance online store and website. In these Terms of Service, “Elevate Performance,” “we,” “us” and “our” refer to Elevate My Everyday and the Elevate Performance brand.

We provide this website, online store and all related information, content, features, tools, products and services to you, the customer. These offerings are collectively referred to as the “Services.”

Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with our Privacy Policy, Return, Exchange and Refund Policy, Shipping Policy and any other policies referenced on our website, govern your access to and use of the Services.

Please read these Terms carefully. They contain important information about your legal rights, responsibilities, warranty disclaimers and limitations of liability.

By visiting, accessing, interacting with or using the Services, or by placing an order through our store, you agree to be bound by these Terms and the policies incorporated into them.

If you do not agree with these Terms, you must not use the Services.

Nothing in these Terms limits any mandatory consumer rights or remedies available to you under applicable law.

1. Eligibility, Access and Accounts

By using the Services, you represent that you are at least the age of majority in your province, state or country of residence, or that you are using the Services with the permission and supervision of a parent or legal guardian.

You may be required to provide information such as your:

Name
Email address
Telephone number
Billing address
Shipping address
Payment information

You represent that all information you provide is accurate, current and complete and that you have the legal right to provide and use that information.

Where customer accounts are available, you are responsible for:

Protecting your login credentials
Maintaining the confidentiality of your password
Restricting access to your account
All activity occurring through your account

You may not sell, transfer, assign or license your account to another person.

2. Products

We make reasonable efforts to describe and display our products accurately, including their:

Design
Materials
Fit
Features
Colours
Sizing
Decoration
Branding
Available options

However, product colours and appearance may vary slightly because of screen settings, lighting, production processes, garment-dye variations and differences between individual devices.

Mockups, digital renderings and lifestyle images are intended to provide a reasonable representation of the product. They may not perfectly reproduce every physical detail, proportion, placement or colour.

Product measurements may vary within normal manufacturing tolerances. Customers are responsible for reviewing the applicable product description and size guide before ordering.

We may, at our discretion and without prior notice:

Modify product descriptions
Change product specifications
Add or remove colours or sizes
Limit quantities
Discontinue products
Restrict sales in certain geographic areas
Correct product information

These rights do not limit any remedies available where a product is materially misrepresented, damaged, defective or different from what was ordered.

3. Made-to-Order Production

Many Elevate Performance products are produced or decorated specifically after an order is placed.

Production may include:

Printing
Embroidery
Custom labels
Woven labels
Garment finishing
Other branding or customization processes

Because production may begin shortly after an order is submitted, changes and cancellations cannot be guaranteed once production or fulfilment has started.

Made-to-order products remain subject to our Return, Exchange and Refund Policy and any mandatory rights available under applicable law.

4. Orders and Acceptance

Submitting an order constitutes an offer to purchase the products in your cart.

An order is not finally accepted until:

The required payment has been authorized or processed
The order has passed any applicable fraud or verification review
We have confirmed acceptance or begun fulfilment

We reserve the right to refuse, limit or cancel an order for legitimate reasons, including:

Product or size unavailability
Pricing or listing errors
Suspected fraud
Unauthorized payment
Incorrect customer information
Shipping restrictions
Prohibited resale activity
A violation of these Terms
Circumstances that make fulfilment commercially or legally impracticable

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method unless another arrangement is agreed upon.

We may limit or cancel quantities that reasonably appear to be placed by resellers, distributors or unauthorized commercial buyers.

Please review your order carefully before submitting it. This includes reviewing:

Product
Colour
Size
Quantity
Personalization, where applicable
Billing information
Shipping information

Contact us immediately if you notice an error. We will make reasonable efforts to assist, but changes are not guaranteed after production begins.

Returns and exchanges are governed by our Return, Exchange and Refund Policy.

5. Prices, Payments and Billing

Product prices, promotions and discounts may change without notice.

The price charged will be the price displayed and accepted at checkout when the order is placed, subject to the correction of genuine errors as permitted by law.

Unless expressly stated otherwise, product prices do not include:

Applicable sales taxes
Shipping charges
Customs duties
Import taxes
Brokerage fees
Other destination-specific charges

The currency applicable to your order will be displayed during checkout and in your order confirmation.

You agree to provide accurate and complete billing, payment and account information.

You represent that:

You are authorized to use the selected payment method
The information you provide is accurate
The payment provider may charge the applicable order amount
You will pay all authorized charges associated with your order

We may use third-party payment processors. Your payment information may be processed according to the terms and privacy practices of those providers.

6. Promotions and Discount Codes

Promotional offers and discount codes may be subject to separate conditions, including:

Start and end dates
Minimum purchase requirements
Geographic restrictions
Product exclusions
One-use limitations
Customer eligibility requirements

Unless expressly stated otherwise:

Discount codes cannot be combined
Discounts cannot be applied retroactively
Discounts have no cash value
Promotional products cannot be exchanged for cash
Offers may be modified or withdrawn before an order is placed

Where promotional terms conflict with these Terms, the specific promotional terms will govern that promotion.

7. Shipping and Delivery

Orders are subject to the production, shipping and delivery terms described in our Shipping Policy.

Production and delivery dates are estimates unless we expressly state otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

Carrier delays
Severe weather
Customs processing
Labour disruptions
Supplier inventory shortages
High-volume periods
Incorrect or incomplete addresses
Events of force majeure

You are responsible for providing a complete and accurate delivery address.

Additional charges may apply when a package must be redirected or reshipped because of:

An incorrect address
A refused shipment
An unclaimed package
A missed delivery
Failure to retrieve a package

Nothing in this section limits any mandatory rights or remedies relating to late, undelivered, damaged or misrepresented goods.

8. Returns, Exchanges and Refunds

Returns, exchanges, replacements and refunds are governed by our Return, Exchange and Refund Policy.

That policy forms part of these Terms.

Customers must contact us and receive authorization before sending back a product.

Sending an unauthorized return does not guarantee that the product will be accepted, exchanged or refunded.

Where our published return policy provides greater rights than applicable law requires, we will honour the terms of our published policy.

Where applicable law provides greater rights than our policy, those statutory rights will prevail.

9. Intellectual Property

The Services and their content are owned by, licensed to or used with permission by Elevate My Everyday, Elevate Performance, Shopify or their respective licensors.

Protected content may include:

Business names
Brand names
Logos
Symbols
Product names
Designs
Artwork
Photographs
Videos
Graphics
Text
Product descriptions
Website layouts
Audio
Software
Features
Slogans
The arrangement and presentation of website content

This content may be protected by Canadian and international copyright, trademark and other intellectual-property laws.

You may access and use the Services only for lawful, personal and non-commercial purposes.

Without prior written authorization, you may not:

Copy or reproduce protected content
Republish or distribute protected content
Modify or create derivative works
Sell, license or commercially exploit content
Use our logos or trademarks
Remove copyright, trademark or ownership notices
Use product photographs or designs for commercial purposes
Suggest an affiliation, sponsorship or endorsement that does not exist

“Elevate My Everyday,” “Elevate Performance,” associated logos, the three-bar design, product designs, slogans and other identifying brand elements may be trademarks or proprietary assets of Elevate My Everyday.

No licence or ownership interest is granted to you except for the limited right to use the Services in accordance with these Terms.

All rights not expressly granted are reserved.

10. Reviews, Feedback and User Content

You may be permitted to submit:

Reviews
Photographs
Videos
Comments
Suggestions
Testimonials
Ideas
Other content

Collectively, this is referred to as “User Content.”

You retain any ownership rights you may have in your User Content. However, by submitting it to us, you grant Elevate My Everyday a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute and display that content for purposes connected with:

Operating the Services
Customer support
Product development
Advertising
Marketing
Social media
Promoting Elevate Performance

This licence continues unless prohibited by applicable law or separately agreed in writing.

You represent that:

You own or control the necessary rights to the content
Your submission is accurate and not misleading
You have disclosed any compensation or incentive connected to a review
The content does not violate another person’s rights
The content does not contain unlawful, defamatory, obscene, abusive or malicious material
The content does not contain malware or harmful code

You may not impersonate another person or misrepresent the source of User Content.

We may moderate, decline, edit or remove User Content where reasonably necessary, but we are not obligated to monitor every submission.

11. Optional Tools and Third-Party Services

The Services may provide access to tools, applications, integrations or services operated by third parties.

We do not necessarily control, monitor or endorse those third-party services.

Your use of a third-party tool may be governed by the third party’s own:

Terms
Privacy policy
Fees
Eligibility requirements
Operating procedures

To the extent permitted by law, we are not responsible for harm arising solely from your independent use of a third-party service that we do not own or control.

This does not limit our responsibility for third-party providers acting on our behalf where applicable law makes us responsible.

12. Third-Party Links

The Services may contain links to third-party websites or platforms.

We do not control and are not responsible for the content, availability, security or privacy practices of independent third-party websites.

Before purchasing from or providing information to a third party, review its terms and privacy practices.

A link does not necessarily constitute endorsement, sponsorship or approval.

Questions or disputes concerning a product or service purchased directly from an independent third party should generally be directed to that third party.

13. Relationship With Shopify

Elevate My Everyday is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly between you and Elevate My Everyday.

By using the Services, you acknowledge that Shopify is not the seller of Elevate Performance products and is not responsible for the products sold by Elevate My Everyday.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from a sale or transaction between you and Elevate My Everyday.

Nothing in this section limits rights or remedies that cannot legally be waived.

14. Privacy

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify also collects and processes certain information relating to your access to and use of the Services.

Information may be shared with service providers involved in:

Payment processing
Product production
Order fulfilment
Shipping
Analytics
Marketing
Fraud prevention
Customer service

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.

15. Informational Content

Any general fitness, wellness, lifestyle, motivational or educational content available through the Services is provided for general informational purposes only.

It is not intended to replace professional medical, mental-health, nutritional, legal, financial or other professional advice.

You should consult an appropriately qualified professional before acting on information where individual advice is required.

This section does not apply to any separately contracted professional service that may later be offered under its own agreement and terms.

16. Errors, Inaccuracies and Omissions

Occasionally, information on the Services may contain errors, inaccuracies or omissions relating to:

Product descriptions
Pricing
Promotions
Availability
Shipping charges
Production times
Transit estimates
Product imagery
Other store information

We may correct errors and update information without prior notice.

Where a material error affects an order already submitted, we may contact you to:

Confirm the corrected information
Offer a reasonable alternative
Cancel the affected item or order
Provide an applicable refund

We will not use this section to avoid obligations arising from intentional or materially misleading representations.

17. Prohibited Uses

You may use the Services only for lawful purposes.

You must not use the Services to:

Violate any applicable law or regulation
Infringe intellectual-property rights
Harass, threaten, abuse or defame another person
Submit false or misleading information
Impersonate another person or business
Send spam or unauthorized promotional messages
Upload malware or harmful code
Interfere with website security
Attempt unauthorized access to an account or system
Collect another person’s information without authorization
Scrape, extract or reproduce website content for commercial purposes
Bypass access controls or security measures
Conduct fraudulent transactions
Resell products in a manner falsely implying authorization or affiliation

We may restrict, suspend or terminate access where we reasonably believe these Terms have been violated.

18. Suspension and Termination

We may suspend or terminate access to the Services where reasonably necessary because of:

A material violation of these Terms
Fraudulent or abusive activity
Security concerns
Non-payment
Unlawful conduct
Harm to customers, Shopify, service providers or our business

Termination does not eliminate obligations or amounts that arose before termination.

Sections that by their nature should continue will survive termination, including provisions concerning:

Intellectual property
User Content
Payment obligations
Warranty disclaimers
Liability
Indemnification
Governing law

19. Disclaimer of Warranties

Except as expressly stated in our published policies or required by applicable law, the Services are provided on an “as available” basis.

We do not guarantee that the website will always be:

Uninterrupted
Error-free
Secure
Available at a particular time
Free from technical problems

To the fullest extent permitted by law, we disclaim warranties or conditions that may otherwise be implied, including implied conditions of merchantable quality and fitness for a particular purpose.

This disclaimer does not exclude:

Express commitments made in our product descriptions or policies
Mandatory statutory warranties
Rights relating to damaged, defective or misrepresented goods
Liability that cannot lawfully be excluded

20. Limitation of Liability

To the fullest extent permitted by applicable law, Elevate My Everyday, Elevate Performance and their employees, contractors, affiliates and service providers will not be liable for indirect, incidental, special, exemplary or consequential loss arising from use of the Services.

This may include loss of:

Profits
Revenue
Savings
Data
Business opportunity

This limitation applies only to the extent permitted by law.

Nothing in these Terms excludes or limits liability for:

Fraud
Wilful misconduct
Gross negligence where it cannot be excluded
Personal injury caused by negligence where exclusion is prohibited
Breach of mandatory consumer rights
Any other liability that cannot legally be limited or excluded

Where liability may lawfully be limited, our aggregate liability relating to a particular order will not exceed the amount paid for the product or order giving rise to the claim, except where applicable law requires otherwise.

21. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Elevate My Everyday, Elevate Performance, Shopify and their respective affiliates, employees, contractors and service providers from third-party claims resulting directly from:

Your unlawful use of the Services
Your material breach of these Terms
Your infringement of another person’s rights
User Content submitted by you

This obligation does not apply to claims caused by our own breach, negligence, misconduct or violation of law.

We will provide reasonable notice of an indemnified claim and may participate in its defence.

22. Events Outside Our Control

We are not responsible for a failure or delay caused by circumstances outside our reasonable control, including:

Natural disasters
Severe weather
Fire
Flood
War
Civil unrest
Government action
Public-health emergencies
Labour disruptions
Transportation interruptions
Utility failures
Internet outages
Carrier disruptions
Supplier failures

We will make reasonable efforts to reduce the impact and resume performance.

This section does not remove any cancellation, refund or other right provided by applicable law.

23. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the greatest extent legally permitted or severed where necessary.

The remaining provisions will continue in effect.

24. Waiver

A failure or delay in exercising a right under these Terms does not waive that right.

A waiver is effective only when clearly communicated and applies only to the specific circumstances for which it was given.

25. Entire Agreement

These Terms and the policies incorporated into them constitute the agreement governing your use of the Services and purchases through the store.

They replace prior discussions or communications concerning the same subject matter, except for terms expressly agreed in writing.

Nothing in this section excludes representations or rights that cannot legally be excluded.

26. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign or transfer our rights and obligations as part of a legitimate business transaction, restructuring or transfer of the Services.

Any assignment remains subject to applicable consumer-protection and privacy laws.

27. Governing Law

These Terms and your use of the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

Subject to any mandatory rights concerning jurisdiction, disputes may be brought before the courts located in Ontario, Canada.

Nothing in this section deprives a consumer of mandatory protections available under the laws of the jurisdiction in which the consumer resides.

28. Changes to These Terms

We may update these Terms to reflect:

Changes to the Services
Changes to our business
New products or features
Operational requirements
Legal or regulatory developments

The current version will be posted on this page with an updated revision date.

Where required by law, we will provide additional notice of material changes.

Changes will not retroactively reduce rights relating to an order already accepted unless permitted by law.

Continued use of the Services after revised Terms take effect constitutes acceptance of the revised Terms.

29. Contact Information

Questions about these Terms, our products, orders or customer-service practices may be directed to:

Elevate My Everyday, operating as Elevate Performance
Email: support@elevateperformance.fit
Location: Ottawa, Ontario, Canada