Disclaimer

Effective Date: August 2026

This Disclaimer (“Disclaimer”) applies to all visitors, users, and customers who access, browse, purchase products from, or otherwise use smotayk.com (“Smotayk,” “we,” “us,” or “our”).

Smotayk operates an online store offering dried fruit snacks and related food products to customers in the United States. This Disclaimer is intended to explain certain limitations relating to our website, products, product information, and services.

Please read this Disclaimer carefully before using our website or purchasing our products. By accessing smotayk.com, placing an order, or using our services, you acknowledge and agree to the terms described below to the extent permitted by applicable law.

1. General Disclaimer

1.1 Website Information

We make reasonable efforts to ensure that information displayed on our website, including product descriptions, photographs, ingredient information, product specifications, storage instructions, and other content, is accurate and current.

However, information may occasionally contain errors, omissions, or outdated details. Product appearance may also vary slightly due to photography conditions, display settings, manufacturing batches, packaging changes, or other circumstances.

We do not guarantee that all website content will always be complete, accurate, current, or error-free.

1.2 Product Use

Our products should be used and consumed in accordance with the applicable product information, ingredient details, storage instructions, allergen information, and recommendations provided on the product packaging or website.

To the extent permitted by applicable law, Smotayk is not responsible for problems resulting from improper storage, handling, misuse, failure to follow product instructions, or consumption of products that are expired, visibly damaged, or otherwise appear unsuitable for consumption.

Nothing in this Disclaimer is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable law.

1.3 Third-Party Websites

Our website may contain links to third-party websites, platforms, or services.

These third-party websites are not controlled or operated by Smotayk, and we do not necessarily endorse their content, products, services, security practices, or privacy policies.

If you access a third-party website through a link on our website, you do so at your own discretion and risk. You should review the applicable terms and privacy policies of those third-party services.

2. Product-Related Disclaimer

2.1 Product Appearance & Characteristics

Our dried fruit products are made from fruit ingredients and may naturally vary in color, shape, size, texture, and flavor.

Minor variations may occur between production batches or as a result of transportation and storage conditions. Such natural variations do not necessarily indicate that a product is defective.

The actual product packaging and product supplied may also differ slightly from website photographs due to packaging updates, labeling changes, or other product updates.

2.2 Product Inspection

Customers should inspect products and packaging promptly after delivery.

Before consumption, please check for visible signs of damage, leakage, mold, unusual odor, unusual appearance, or other indications that the product may not be suitable for consumption.

Do not consume a product that appears spoiled, contaminated, damaged, or expired.

If you receive a product that appears defective or damaged upon arrival, please contact [email protected] in accordance with our Return & Refund Policy.

2.3 Allergens & Dietary Considerations

Customers are responsible for reviewing ingredient and allergen information before purchasing or consuming our products.

Some products may be manufactured or packaged in facilities that also handle foods containing major food allergens. Please refer to our Allergen Warning and the applicable product packaging for additional information.

If you have a severe food allergy, food sensitivity, dietary restriction, or other health-related concern, you should consult an appropriate healthcare professional when necessary before consuming a product.

2.4 No Medical or Nutritional Advice

Information provided on smotayk.com is intended for general product and consumer information purposes only.

Our product descriptions and other website content are not intended to provide medical, nutritional, dietary, or healthcare advice and should not be treated as a substitute for professional advice from a qualified healthcare provider.

3. User Responsibilities

3.1 Lawful Use

You agree to use our website and services only for lawful purposes and in accordance with these Terms and applicable laws.

You may not use the website to engage in fraudulent, abusive, unlawful, or unauthorized activities, including attempting to interfere with website operations, obtain unauthorized access to systems or information, or misuse website content.

3.2 Order Information

Customers are responsible for providing accurate and complete information when placing an order, including shipping address, email address, telephone number, and other information necessary for fulfillment.

We are not responsible for delivery problems caused by incorrect, incomplete, outdated, or improperly entered information provided by the customer.

Additional shipping or handling costs may apply when an order requires reshipment due to information or circumstances attributable to the customer.

3.3 Account & Payment Security

If you create an account or use account-related services, you are responsible for maintaining the confidentiality of your account credentials.

You should also take reasonable steps to protect your payment information and other account details.

If you suspect unauthorized activity involving your account or payment method, you should promptly contact the relevant service provider and notify us when appropriate.

4. Website Availability & Unforeseen Events

We make reasonable efforts to keep smotayk.com available and functioning properly. However, we do not guarantee that the website will always be uninterrupted, error-free, secure, or available at all times.

Website availability or order processing may occasionally be affected by circumstances beyond our reasonable control, including:

• Natural disasters

• Severe weather

• Power or network outages

• Transportation disruptions

• Labor disputes

• Government actions or restrictions

• Public health emergencies

• Cybersecurity incidents

• Carrier or third-party service interruptions

• Other unforeseen circumstances

When reasonably possible, we will take appropriate steps to address service interruptions and communicate material delays or issues.

5. Intellectual Property

Unless otherwise stated, content appearing on smotayk.com, including text, photographs, graphics, logos, product descriptions, designs, website layouts, and other original materials, is owned by or used with authorization by FIBRAXO INC and may be protected by applicable intellectual property laws.

You may access and use website content for personal, non-commercial purposes related to your use of our website.

Without prior written authorization, you may not reproduce, distribute, modify, publicly display, publish, sell, or commercially exploit our website content or intellectual property, except where such use is permitted by applicable law.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Smotayk and FIBRAXO INC will not be responsible for indirect, incidental, special, consequential, or similar damages arising from your use of the website or products, except to the extent such liability cannot legally be excluded or limited.

This may include losses arising from circumstances such as website interruptions, third-party services, delivery delays, improper product storage or handling, or use of products contrary to applicable instructions.

Nothing in this Disclaimer limits or excludes liability that cannot legally be limited or excluded under applicable federal or state law.

7. Disclaimer of Warranties

To the extent permitted by applicable law, the website and its content are provided on an “as available” basis.

We make reasonable efforts to maintain accurate product information and reliable website services, but we do not guarantee that the website, its content, or its functions will always be uninterrupted, completely accurate, or free from errors.

Any warranties that cannot legally be excluded under applicable law remain unaffected by this Disclaimer.

8. Relationship with Other Policies

This Disclaimer should be read together with our other website policies, including our:

• Terms of Service

• Privacy Policy

• Shipping Policy

• Return & Refund Policy

• Payment Policy

• Allergen Warning

• Food Storage & Safety Policy

• California Privacy Notice, where applicable

If there is a conflict between this Disclaimer and another policy, the applicable provision will be interpreted in a manner consistent with applicable law and the purpose of the relevant policy.

9. Changes to This Disclaimer

We may update or revise this Disclaimer from time to time to reflect changes in our products, services, business practices, website functionality, or applicable legal requirements.

Any revised version will be posted on this page with an updated effective date.

Your continued use of smotayk.com after an updated Disclaimer becomes effective constitutes your acknowledgment of the revised Disclaimer, to the extent permitted by applicable law.

10. Governing Law & Disputes

This Disclaimer shall be governed by applicable laws of the United States and the State of Florida, without regard to conflict-of-law principles to the extent applicable.

If a dispute arises concerning this Disclaimer, the parties will first attempt to resolve the matter through good-faith communication.

If the dispute cannot be resolved through communication, it may be submitted to a court of competent jurisdiction as permitted by applicable law.

11. Contact Us

If you have any questions regarding this Disclaimer or our products and services, please contact us:

FIBRAXO INC
7500 NW 25 ST # 237
DORAL, FL 33122
United States

Customer Support Email: [email protected]