PRIVACY POLICY AND TERMS OF USE
Effective Date: July 3, 2025
This Privacy Policy describes how Pegasi ("we," "us," or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from https://pegasigear.com (the "Site").
Information We Collect
When you interact with our Site, we may collect the following types of information:
- Contact Information: When you join our waitlist, sign up for our newsletter, or place an order, we collect your email address. When you place an order, we also collect your name, shipping address, and phone number.
- Order Information: When you make a purchase, we collect details about your order, including the products purchased, payment information (though we do not directly store full credit card details, which are processed securely by our payment processor), and billing address.
- Website Usage Information: We automatically collect certain information about your device and how you interact with our Site, such as your IP address, browser type, operating system, referring URLs, pages viewed, and the dates/times of your visits. This information helps us understand how our Site is used and to improve your Browse experience.
- Communications: If you contact us directly (e.g., via email for customer support), we will collect the content of your communications and any other information you choose to provide.
How We Use Your Information
We use the information we collect for various purposes, including:
- To Fulfill Orders: To process your purchases, arrange for shipping, and provide you with invoices and order confirmations.
- To Communicate with You: To send you updates regarding your order, respond to your inquiries, send you marketing communications (if you have opted in), and provide customer support.
- For Marketing and Promotions: To send you emails about new products, promotions, or other news that may be of interest to you, based on your subscription preferences. You can opt-out of marketing communications at any time.
- To Improve Our Site and Services: To analyze how our Site is used, identify trends, and enhance the functionality and user experience of our Site and offerings.
- For Security and Fraud Prevention: To detect and prevent fraudulent transactions, unauthorized access, and other illegal activities.
- For Legal Compliance: To comply with applicable laws, regulations, and legal processes.
Sharing Your Information
We may share your personal information with third parties for the purposes described above:
- Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court order or government agency).
- With Your Consent: We may share your information with third parties when we have your explicit consent to do so.
We do not sell your personal information to third parties.
Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. This means we will keep your order information for a reasonable period after your purchase to handle any returns, warranties, or customer service issues. Email addresses for marketing purposes are kept until you unsubscribe.
Your Rights
Depending on your location, you may have certain rights regarding your personal information, including:
- Right to Access: Request access to the personal information we hold about you.
- Right to Rectification: Request correction of inaccurate or incomplete personal information.
- Right to Erasure (Right to be Forgotten): Request the deletion of your personal information, under certain circumstances.
- Right to Object: Object to the processing of your personal information for certain purposes, such as direct marketing.
- Right to Data Portability: Request a copy of your personal information in a structured, commonly used, machine-readable format.
- Right to Withdraw Consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time.
To exercise any of these rights, please contact us using the details provided below.
Cookies and Tracking Technologies
We use cookies and similar tracking technologies (like pixels and web beacons) to collect information about your Browse activity, enhance your user experience, and analyze Site performance. Cookies are small data files stored on your device. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly.
Children's Privacy
Our Site is not intended for individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently received personal information from a child under 13, we will delete such information from our records.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the updated policy on this page and revise the "Effective Date" at the top. We encourage you to review this Privacy Policy periodically.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices, please contact us on the Support section or reach out via Discord.
TERMS OF USE
Effective Date: July 3, 2025
Welcome to pegasigear.com (the "Site"), operated by Pegasi ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.
Use of the Site
This Site is intended for users who are at least 13 years old. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Pegasi and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from:
- Using the Site in any way that violates any applicable federal, state, local, or international law or regulation.
- Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Pegasi or users of the Site or expose them to liability.
- Using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Product Information and Availability
We strive to display accurate product information, including descriptions, images, and pricing, on the Site. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. All specifications, products, and prices of products and services are subject to change without notice.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Ordering and Payment
When you place an order on our Site, you are making an offer to purchase a product. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
All payments are processed through secure third-party payment processors. We do not store your full credit card details on our servers. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize our third-party payment processor to charge your payment method for the total amount of your order.
Shipping and Delivery
We will arrange for the shipment of the products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased from the Site pass to you upon our delivery of the items to the carrier.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pegasi, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally permitted by the Site's functionality.
The Pegasi name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pegasi or its affiliates or licensors. You must not use such marks without the prior written permission of Pegasi.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PEGASI NOR ANY PERSON ASSOCIATED WITH PEGASI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER PEGASI NOR ANYONE ASSOCIATED WITH PEGASI REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PEGASI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Pegasi, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Texas without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal or state courts of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Contact Information
To ask questions or comment about these Terms of Use, contact us on the Support section or reach out via Discord.