Terms of service

Overview

Welcome to Kyvena! The terms "we", "us" and "our" refer to Kyvena. Kyvena 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"). Kyvena is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited (depending on Kyvena's location), which enables us to provide you with the Services.

The following terms and conditions, together with the policies referred to herein (these "Terms of Service"), 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 to these Terms of Service or the Privacy Policy, you should not access or use our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable legal rights.

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 that 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, including accessing our online stores, browsing them or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email and your billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all the rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

2. Our products

We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of the product may differ from how they look on your screen due to the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as those shown 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 may limit the quantities of any product we offer to any person, geographic region or jurisdiction, as applicable.

3. Orders

When you place an order, you make an offer to purchase and authorize us and our payment processors to charge your selected payment method the total amount of the order. Kyvena reserves the right to accept or reject your order for any reason at its discretion, in accordance with applicable law. Your order will not be accepted until Kyvena confirms acceptance. We must receive and process your payment before accepting the order. Please review your order carefully before submitting it, as Kyvena may not be able to accept cancellation requests once the order has been accepted. If we do not accept, make a change to or cancel an order, we may attempt to notify you through the email address, billing address or phone number provided when the order was placed. Your purchases are subject to return or exchange only in accordance with our returns and refund policy. This does not limit any rights you may have under applicable law. You represent and warrant that your purchases are for your personal or household use and not for resale or commercial export.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes or shipping, handling, customs or import charges. Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) the information you provide for that payment method is true, correct and complete, (3) the payment method provider will honor the charges you incur, and (4) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and delivery

Unless otherwise stated, we are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. To the extent permitted by applicable law, title and risk of loss pass to you when we hand the products over to the carrier, unless applicable law provides otherwise. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather conditions, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, government actions or other similar events. Please see our shipping policy for more details.

6. Intellectual property

Our Services, including all trademarks, brands, text, images, graphics, product reviews, videos and audio, are owned by Kyvena, its affiliates or licensors, and are protected by copyright, intellectual property and other US and international trademark laws. Likewise, product listings are managed by Kyvena and are its property. The purchase or delivery of any product does not grant or confer any intellectual property rights, including patents, copyrights, trademarks or other proprietary rights in the product, its design, software or underlying technology. All such rights belong exclusively to Kyvena or the original owner. These Terms allow you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Kyvena, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. Kyvena reserves all rights not expressly granted herein. Kyvena's names, logos, product and service names, designs and slogans are trademarks of Kyvena, its affiliates or licensors. You must not use such trademarks without Kyvena's prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, over which we have no control and which we do not monitor or intervene in. You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use you make of the optional tools offered through the site is at your own risk and discretion. In addition, you should make sure you are familiar with and approve of the terms on which the relevant third-party providers supply such tools. In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of the materials or websites of third parties that you choose to access. If you choose to leave the Services to access these third-party materials or sites, you do so at your own risk. We are not responsible for any harm or damage related to your access to any third-party website, or to your purchase or use of goods, services, resources or content on any third-party website. Please carefully review third-party policies and practices, and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to those third parties.

9. Relationship with Shopify

Shopify powers Kyvena, which enables us to provide you with the Services. When you use the Services, your device communicates with Shopify's systems to provide the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, all sales and purchases you make in our store are made directly with Kyvena. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Kyvena, including any injury, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Kyvena.

10. Privacy policy

Our privacy policy explains how we may collect, use and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, as you browse and interact with them, Shopify collects, uses, processes and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including, but not limited to, providing, protecting and improving the Services, processing transactions, and helping prevent fraud on this website and on others powered by Shopify. The information collected when you visit or use the Services, including information obtained automatically about your browsing activity, will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your place of residence, in order to provide you with the services. Please review our privacy policy and the Shopify Privacy Policy for more information about how we, Shopify and our partners use your personal information.

11. Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you are the owner of or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentive you received in connection with submitting your Feedback; and (3) your Feedback will comply with these Terms of Service. We have no obligation, and will have none, to (a) keep your Feedback confidential; (b) pay compensation for it; or (c) respond to it. We may, but are not obligated to, monitor, edit or remove Feedback that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property of any party or these Terms of Service. You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. In addition, you agree that your Feedback will not contain libelous, unlawful, abusive or obscene material, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone you are not or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.

12. Errors, inaccuracies and omissions

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, to change or update information, or to cancel orders if information is inaccurate, even after an order has been submitted. If we cancel an order after collecting payment, we will issue any refund required by applicable law.

13. Prohibited uses

13.1 You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, international, federal, provincial or state regulation, rule, law or ordinance; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person, or to cause them harm; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms of Service; (g) to transmit or procure the sending of any advertising or promotional material, including spam, chain letters, junk mail or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Services, or that, as we determine, may harm Kyvena, Shopify or users of the Services, or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that affects or may affect in any way the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or monitor the personal information of others; (d) send spam, engage in phishing or pharming, or use pretexts on the services; (e) use any robot, spider, scraping and data collection tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an agent to access, use or interact with any Service. "Agent" refers to any software or service that takes autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity, and that can run on their behalf or through their device, without direct supervision.

14.2 No agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. In addition, no agent may access, use or interact with the Services if we ask it to refrain from doing so.

14.3 We may limit, including through technical measures, whether and how an agent accesses, uses and interacts with the Services.

14.4 Agents must comply with the following: (a) in all HTTP or HTTPS requests, identify that the request comes from an agent and disclose its name by including the following text in the request's user agent string: "Agent/[agent name]"; (b) not hide or obfuscate that any access, use or interaction comes from an agent, for example by (i) imitating human behavior and interaction patterns, or (ii) completing or bypassing a CAPTCHA or measures intended to distinguish computer use from human use; (c) respond truthfully to any question or prompt that seeks to determine whether interactions come from a human or a computer; (d) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how agents access, use or interact with the Services.

15. Termination

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

16. Warranty disclaimer

The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who is informed of their contents.

UNLESS Kyvena EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER 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 OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Kyvena, 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, WITHOUT LIMITATION, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY 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 OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend and hold harmless Kyvena, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which must not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of any of the other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service and any policy or operating rule that we post on this site or with respect to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

21. Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void and invalid. We may transfer, assign or delegate these Terms, as well as our rights and obligations, without your consent or notice.

22. Governing law

These Terms are governed by the laws of the jurisdiction where Kyvena is headquartered or incorporated, regardless of conflict of law principles. You and Kyvena agree to the jurisdiction and competence of the courts located in that jurisdiction, except where prohibited by applicable law. You and Kyvena agree to the competence and personal jurisdiction of such courts. Nothing in this section limits any rights you may have to bring claims in your local courts or to rely on mandatory laws that apply in your place of residence.

23. Translations

The Terms of Service may be available in languages other than English. In the event of inconsistencies or conflicts between these Terms of Service in English and those available in another language, the most recent English version will prevail. Any dispute arising from these Terms of Service will be resolved in English, unless Kyvena determines otherwise (at its sole discretion) or applicable law requires otherwise.

24. Headings

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

25. Electronic communications

If you use the Services or place an order, you agree that we may send you transactional and service-related communications electronically, including by email, account notices or postings on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service or other matters related to the Services. You are responsible for keeping your contact information up to date.

26. Changes to the Terms of Service

You can review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of such changes.

27. Contact information

Questions about the Terms of Service should be sent to hola@kyvena.co

Our contact information is published in our contact information policy.