Terms of service
1. Governing Law and Jurisdiction
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-law rules. Any dispute not subject to arbitration under Section 2 must be brought only in the courts of the Hong Kong Special Administrative Region, and you agree to that location as the only proper place for such a claim.
2. Binding Arbitration
You and Gya Labs agree that any dispute, claim, or disagreement arising from your use of this site or purchase of any product will be resolved by binding, individual arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its rules then in force, seated in Hong Kong, conducted in English, before a single arbitrator — not in court — except that either party may bring an individual claim in small claims court if it qualifies. YOU AND GYA LABS EACH GIVE UP THE RIGHT TO A JURY TRIAL. The arbitrator, not any court, has the sole power to decide any dispute about the enforceability of this Section 2. This arbitration agreement survives even if you stop using the site or close your account.
2A. Class, Collective, and Representative Action Waiver
Whether a claim is arbitrated under Section 2 or, for any reason, heard in court under Section 1, you and Gya Labs agree that it may only be brought on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative action, and no arbitrator or court may combine more than one person's claims into one proceeding without the written consent of all parties. This waiver applies to every type of claim, including any brought on behalf of the general public or under a private-attorney-general type law.
2B. If the Class Waiver Cannot Be Enforced for a Claim
If a court or arbitrator rules that the waiver in Section 2A cannot be applied to a particular claim, then the requirement to arbitrate that specific claim under Section 2 no longer applies, and that claim must instead be brought only as an individual claim in the courts named in Section 1 — never as a class, collective, or representative action in any forum.
2C. Coordinated Mass-Filing Protection
If 25 or more similar arbitration demands are filed against Gya Labs around the same time by customers represented by the same or coordinated counsel, the arbitration provider must resolve them using batched or staged filing procedures, including test ("bellwether") cases, rather than proceeding on all filings at once. Filing fees for batched claims will be allocated according to the arbitration provider's rules for multiple related filings.
2D. Manner of Arbitration for Individual Consumer Claims
For any claim where the amount in dispute is less than US$10,000, the arbitration will be conducted by written submissions and documents only, without an in-person hearing, unless the arbitrator decides a hearing is necessary. Gya Labs will pay any HKIAC filing and administration fees for an individual consumer claim beyond what the customer would have paid to file in their local small claims court.
3. Notice of Dispute (a required first step before arbitration)
Before starting arbitration, you must send a written notice describing the dispute to info@gyalabs.com. Gya Labs will have 30 days to try to resolve the dispute informally. If it isn't resolved in that time, either party may start arbitration.
4. Limitation of Liability
To the maximum amount the law allows, Gya Labs' total liability for any claim relating to this site or its products is capped at the amount you actually paid for the product giving rise to the claim, or $100, whichever is greater. Gya Labs is not liable for any indirect, incidental, special, or consequential damages, including lost profits or lost data, even if Gya Labs was told such damages were possible.
5. Indemnification
You agree to cover Gya Labs' costs — including reasonable legal fees — for any claim brought by someone else because of your misuse of a product, your violation of these Terms, or your violation of any law.
6. Disclaimer of Warranties
All products and content on this site are provided "AS IS" and "AS AVAILABLE," with no warranty of any kind, express or implied, including no warranty that a product will meet your expectations or that the site will be error-free.
7. Medical and Health Disclaimer
Gya Labs products are not drugs and have not been evaluated by the Food and Drug Administration or any similar body. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Stop use and see a doctor if you have a reaction. Talk to a doctor before use if you are pregnant, nursing, or have a medical condition.
8. Time Limit to Bring a Claim
Any claim you have relating to this site or a purchase must be filed within one year after it arose, or it is permanently barred.
9. Changes to These Terms
Gya Labs may update these Terms at any time by posting the new version on this page. Continued use of the site after a change means you accept the new Terms.
10. Severability and Entire Agreement
If any part of these Terms is found unenforceable, the rest still applies. These Terms are the entire agreement between you and Gya Labs regarding the site, replacing any earlier agreement.