Terms of service

Terms of Service

Overview

Welcome to vaki! The terms "we", "us" and "our" refer to vaki. vaki operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). vaki is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online stores.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region or jurisdiction.

Section 3 – Orders

When you place an order, you are making an offer to purchase. vaki reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until vaki confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may differ from prices offered elsewhere. We may offer promotions governed by separate terms; if there is a conflict, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use such payment method, (iii) charges incurred will be honored by your card company, and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by vaki, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services without our prior written consent. All rights not expressly granted are reserved by vaki.

vaki's names, logos, product and service names, designs, and slogans are trademarks of vaki or its affiliates or licensors and may not be used without prior written permission. All other trademarks on the Services are the property of their respective owners.

Section 7 – Optional Tools

You may be provided access to third-party tools that we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties or endorsement, and we have no liability arising from your use of optional third-party tools. Any use is at your own risk, and you should review the relevant third party's terms. New features offered in the future are also subject to these Terms.

Section 8 – Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access of third-party sites or your purchase of third-party products. Please review the third party's policies before engaging in any transaction. Complaints regarding third-party products should be directed to the third party.

Section 9 – Relationship with Shopify

vaki is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with vaki. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and vaki, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with vaki.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, information you submit will be transmitted to and shared with Shopify and third parties that may be located in other countries, in order to provide services to you.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation received in connection with it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation, or to respond to it.

We may, but are not obligated to, monitor, edit or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable. You agree your Feedback will not violate any third-party right or contain unlawful, abusive, or obscene material, viruses, or malware. You may not misrepresent the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any laws or regulations; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, harm, or defame any person; (e) to transmit false or misleading information; (f) to send non-compliant material; (g) to transmit spam or unsolicited promotional material; (h) to impersonate any person or entity; or (i) to interfere with anyone's use of the Services.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track others' personal information; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data extraction tool, AI tool, or automated means to access the Services; or (f) bypass or circumvent our security measures. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for any violation of these Terms.

Section 14 – Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4. No Agent may access the Services if we have requested it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.

14.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request is from an Agent and disclose its name in the user agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any question seeking to determine whether interactions come from a human or computer; and (iv) not circumvent any measure intended to control how Agents access or interact with the Services.

Section 15 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 – Disclaimer of Warranties

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY vaki, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Section 17 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL vaki, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless vaki, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms or documents incorporated by reference, (2) your violation of any law or third-party right, or (3) your access to and use of the Services. We may control the defense and settlement of such claims at your expense, and you agree to cooperate in the defense.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

Section 20 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any posted policies constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

Section 21 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 – Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where vaki is headquartered. You and vaki consent to venue and personal jurisdiction in such courts.

Section 23 – Headings

The headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 24 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

Section 25 – Contact Information

Questions about the Terms of Service should be sent to us at contact@vakipaw.com.