Terms of service
Effective: January 1, 2025 · Legal Entity: PickyClicky Inc. (operating as The Iron Fog Co.) · Brand: Iron Fog™
Overview
Welcome to Iron Fog! The terms “we”, “us” and “our” refer to The Iron Fog Co., a division of PickyClicky Inc.. We operate this store and website, including all related information, content, features, tools, products and services (the “Services”). Our storefront runs on Shopify’s platform.
These Terms of Service (the “Terms”), together with any policies referenced herein (including our Privacy Policy and Refund Policy), describe your and our rights and responsibilities. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1) Access & Account
You represent you are the age of majority in your province/state of residence and you consent to any minor dependants using the Services on devices you own or manage. You may be asked for accurate and complete contact, billing, and shipping details; you are responsible for safeguarding account credentials and all activity under your account.
2) Our Products
We make reasonable efforts to describe Products accurately; colour and appearance may vary by device. Product descriptions, features, and availability may change without notice; we may limit quantities per person, region, or jurisdiction. We do not warrant Products will meet your expectations or match imagery precisely.
3) Orders
Your order is an offer to purchase. We may accept or decline at our discretion; acceptance occurs only upon our confirmation after successful payment processing. Cancellations may not be possible once accepted. If an order is declined or changed, we will attempt to notify you at the contact details provided. Returns/exchanges are governed solely by our Refund Policy. You warrant purchases are for personal/household use, not resale or export.
4) Prices & Billing
Prices, promotions, and discounts may change without notice. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import duties. Provide current, complete, and accurate payment details and promptly update any changes. You warrant you are authorized to use the payment method and will pay all charges at posted prices plus applicable taxes and fees.
5) Shipping & Delivery
Delivery times are estimates only; we are not liable for delays caused by carriers, customs, or events beyond our control. Title and risk of loss pass to you upon transfer to the carrier.
6) Intellectual Property
The Services and all content (including marks, designs, text, images, video, audio, and arrangement) are owned by us or our licensors and protected by applicable IP laws. Your licence is limited to personal, non-commercial use. No implied licence is granted. “Iron Fog™”, “The Iron Fog Co.” and associated marks are the property of PickyClicky Inc. Third-party marks remain the property of their respective owners.
7) Optional Tools
Access to third-party tools is provided “as is” and “as available” without warranties or endorsements. Use is at your sole risk and subject to the provider’s terms.
8) Third-Party Links
Third-party content and links are provided for convenience only; we are not responsible for their content, accuracy, policies, or transactions. Review third-party terms and privacy policies before engaging.
9) Relationship with Shopify
Our store is powered by Shopify, but all sales are with The Iron Fog Co. You acknowledge Shopify is not responsible for any sales, injuries, damages, or losses related to your purchases here. You expressly release Shopify and its affiliates from all claims arising from your transactions with us.
10) Privacy Policy
Personal information collected via the Services is subject to our Privacy Policy. Because we use Shopify, certain data processing is also subject to Shopify’s privacy policy and third-party service providers, which may involve international data transfers.
11) Feedback
By submitting ideas, reviews, or suggestions (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free licence to use, reproduce, modify, publish, and display such Feedback for any lawful purpose. You represent you have the rights to submit Feedback and that it complies with law and these Terms.
12) Errors, Inaccuracies & Omissions
We may correct errors or update information (including pricing, descriptions, promotions, shipping charges, and availability) without notice, including after an order is submitted.
13) Prohibited Uses
You may use the Services only for lawful purposes. Prohibited uses include unlawful activity; rights infringement; harassment or abuse; false or misleading information; malware; unauthorized scraping; spamming; or interfering with security features. We may suspend or terminate access for violations.
14) Termination
We may terminate access to the Services at any time, with or without notice. Sections intended to survive termination (including IP, Feedback, disclaimers, limitations, indemnity, dispute resolution, and governing law) remain in effect.
15) Product Disclaimer (As-Is)
Iron Fog™ security products and accessories (the “Products”) are provided strictly on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties—statutory, express, or implied—including merchantability, fitness for a particular purpose, durability, non-infringement, or performance. Security outcomes cannot be guaranteed; the Products are supplemental security measures only and are not a substitute for emergency services or prudent safety practices.
16) Assumption of Risk
By purchasing, installing, testing, transporting, storing, or using the Products, you knowingly and voluntarily assume all risks, known and unknown, including without limitation: accidental discharge; improper installation or placement; visibility impairment; slips, trips, and falls; residue clean-up; electrical issues; environmental factors; third-party interference; incompatibility with third-party systems; Wi-Fi or power outages; and reliance on the Products during emergencies.
17) Installation, Use & Refills
- Follow installation and safety instructions strictly. Improper mounting or aiming can cause unintended outcomes.
- Use only approved refill cartridges compatible with your model. Store and dispose of cartridges in accordance with instructions and applicable regulations.
- Test responsibly. Do not activate in conditions where sudden loss of visibility could create hazards (e.g., stairs, moving machinery, vehicles).
- Keep Products away from children and unauthorized users. The Products are not toys.
18) Compliance with Laws & Codes
You are solely responsible for ensuring that purchase, installation, placement, and use comply with all applicable municipal, provincial/state, federal, and international laws, standards, and building or fire codes. You are responsible for obtaining any required permits/approvals and notifying occupants or contractors of the system’s presence where appropriate.
19) No Duty to Rescue or Respond
We are not law enforcement, emergency responders, insurers, or guarantors of safety. We have no duty to monitor, dispatch, intervene, or notify authorities. The Products are supplemental measures only.
20) Disclaimer of Warranties (Services & Content)
The Services and content are provided for general information only. We do not warrant accuracy, completeness, timeliness, uninterrupted access, or error-free operation. Your reliance is at your own risk. Some jurisdictions do not allow disclaimers of implied warranties; if so, the foregoing applies to the maximum extent permitted by law.
21) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IRON FOG CO., PICKYCLICKY INC., THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, OR EMOTIONAL DISTRESS; OR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO THE PRODUCTS, SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC PRODUCT OR, FOR SERVICE-RELATED CLAIMS, THE AMOUNT PAID (IF ANY) IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
22) Indemnification & Hold Harmless
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Iron Fog, The Iron Fog Co., PickyClicky Inc., and their affiliates, officers, directors, employees, agents, contractors, distributors, resellers, and licensors from and against any and all claims, demands, actions, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your purchase, installation, testing, transport, storage, use, or misuse of the Products; (b) exposure of third parties to the Products; (c) property damage or personal injury; (d) alleged product defect or failure; (e) your breach of these Terms; (f) violation of law or code; or (g) your integration with or reliance on third-party systems. This indemnity applies regardless of the theory alleged, including negligence or strict liability, to the maximum extent permitted by law.
23) Force Majeure
We shall not be liable for delays or failures caused by events beyond our reasonable control, including acts of God, extreme weather, fire, flood, war, terrorism, civil unrest, labour disputes, power or Internet failures, carrier or supplier delays, or government actions.
24) Export Controls & Sanctions
You represent you are not located in, under control of, or a national/resident of any country or entity subject to embargoes or sanctions. You agree to comply with applicable export, import, and sanctions laws.
25) Severability
If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remainder shall remain in full force and effect.
26) Waiver; Entire Agreement
No failure to enforce constitutes a waiver. These Terms (including referenced policies) constitute the entire agreement, superseding all prior agreements and communications.
27) Assignment
You may not assign or transfer these Terms without our prior written consent; any attempted assignment is void. We may assign or delegate without notice.
28) Dispute Resolution; Class-Action & Jury Waiver
Except where prohibited by law, disputes shall be resolved on an individual basis through binding arbitration or, where arbitration is not permitted, in the courts specified below. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS AND, WHERE APPLICABLE, TO A JURY TRIAL. If a waiver is held unenforceable, the dispute shall proceed in courts of competent jurisdiction on an individual basis only.
29) Governing Law & Venue
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-law rules. Exclusive venue (where permitted) lies in the courts or arbitration forum located in Toronto, Ontario. If you prefer to tie venue to your headquarters, replace with: “the federal and provincial/state courts in the jurisdiction where PickyClicky Inc. is headquartered.”
30) Changes to These Terms
You can review the most current version on this page. We may update these Terms; material changes will be notified as required by law. Continued use after the effective date constitutes acceptance.
31) Contact Information
The Iron Fog Co. — a division of PickyClicky Inc.
Email: info@ironfog.co
Address: 1653 Woodbine Heights Blvd., Toronto, ON, M4B 3A7
32) Acknowledgement
By purchasing, installing, or using any PickyClicky Inc. or any Iron Fog™ Products or the Services, you confirm you have read, understood, and agree to these Terms, including the disclaimers, limitations, assumption of risk, and indemnity set out above.