Terms of service

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

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you visit, interact with, use, or purchase from our Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as order terms, shipping, warranty disclaimers, limitations of liability, and dispute-related provisions.

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 our Privacy Policy, please do not use or access the Services.

Section 1 - Access and Account

The Services are intended for adults, parents, guardians, and purchasers who are at least the age of majority in their state, province, or country of residence. By using the Services, you represent that you are at least the age of majority in your place of residence.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to another person.

We strive to maintain accessibility and usability of the Services for all users and are continually working to improve accessibility features.

We do not guarantee uninterrupted access to the Services and may suspend or modify the Services at any time.

Section 2 - Our Products

We make every effort to accurately display product colors, details, sizing, fabrics, and descriptions in our online store. However, quantity, colors and product appearance may vary slightly depending on your device screen, browser, lighting, and display settings.

Product descriptions, prices, availability, and promotions may change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction, on a case-by-case basis. We do not guarantee product availability and reserve the right to limit or cancel quantities at our discretion.

Our products are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition, allergy, or skin condition. Individual sensitivities and reactions to fabrics, dyes, trims, detergents, environmental conditions, and materials may vary. Customers are responsible for reviewing product materials and care instructions before use.

Products should be used only as intended and under appropriate adult supervision where applicable. We are not responsible for misuse, improper care, alteration, modification, or failure to follow care or safety instructions.

Please review product details, sizing information, care instructions, and other product-specific information before placing an order. If you have any questions about a product before purchasing, you may contact us at kissakidswear@gmail.com.

AI Tools: We may use artificial intelligence (“AI”), machine learning systems, computer-generated imagery, digital enhancement tools, and other emerging technologies in connection with our Services, including but not limited to product visualization, marketing imagery, videos, styling simulations, background enhancement, personalization, analytics, operational efficiency, customer support, inventory planning, and business intelligence.

Certain images, videos, or visual representations on the Services may be digitally enhanced, AI-assisted, artistically rendered, simulated, or generated for illustrative and marketing purposes. While we aim to accurately represent our products, actual product appearance, texture, color, scale, drape, fit, and details may vary.

You acknowledge that some content presented through the Services may include synthetic, composited, stylized, or AI-assisted elements and should not be interpreted as exact real-world representations in all cases.

We make no representation or warranty that AI-generated or AI-assisted outputs, recommendations, analytics, or visualizations will be error-free, complete, or suitable for any particular purpose.

Section 3 - Orders

When you place an order, you are making an offer to purchase the products in your order. Kissa LLC reserves the right to accept or decline your order for any reason, including but not limited to product availability, payment issues, suspected fraud, pricing errors, or shipping restrictions.

Your order is not accepted until Kissa LLC confirms acceptance and processes your payment. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has been accepted or processed.

If we do not accept your order, make a change to your order, or cancel your order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Purchases are subject to return or exchange only in accordance with our Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

Unauthorized resale, redistribution, marketplace listing, modification, relabeling, or commercial exploitation of our products is prohibited without prior written authorization.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and will be reflected in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, import duties, or other fees.

Prices shown in our online store may differ from prices offered through third-party marketplaces, physical locations, pop-ups, promotional events, or other sales channels. Promotions may be subject to separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete 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 the selected payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, taxes, and applicable fees.

Section 5 - Shipping and Delivery

Delivery timelines are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, address errors, payment verification, high-volume periods, or events outside our reasonable control.

Please ensure your shipping address is accurate before placing an order. If your order is delayed, damaged, lost, or incorrect, please contact us at kissakidswear@gmail.com so we can review the issue and help where possible

Risk of loss may pass to you when products are transferred to the carrier, subject to applicable law and our policies for damaged, defective, incorrect, or lost orders.

You may not use the Services or purchase products in violation of U.S. export laws or sanctions regulations.

Section 6 - Returns and Exchanges

Returns, exchanges, damaged items, incorrect items, and refunds are governed by our Refund Policy. Fraudulent chargebacks, abuse of refund policies, or attempts to retain products after receiving refunds may result in account restriction, collection efforts, or legal action. Please review the Refund Policy before making a purchase. If you have questions about a return or exchange, contact us at kissakidswear@gmail.com.

Section 7 - Intellectual Property

The Services, including but not limited to trademarks, logos, brand names, text, displays, images, graphics, product reviews, videos, audio, page designs, product designs, selection, and arrangement, are owned by Kissa LLC, its affiliates, or its licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, copy, or transmit any material from the Services without our prior written consent, except as permitted by applicable law.

Kissa LLC names, logos, product names, service names, designs, and slogans are trademarks of Kissa LLC or its affiliates or licensors. You must not use such trademarks without prior written permission from Kissa LLC. Shopify names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are the property of their respective owners.

Section 8 - Optional Tools

We may provide access to customer tools, applications, integrations, or features offered by third parties as part of the Services. We do not monitor and do not have control over all such third-party tools.

You acknowledge and agree that access to such tools is provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. Your use of optional third-party tools is at your own risk and discretion. You should review and understand the terms and policies of the relevant third-party providers before using such tools.

We may offer new features, tools, or resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms of Service.

Section 9 - Third-Party Links

The Services may contain materials, embedded functionality, or links to websites operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, security, or practices of third-party materials or websites.

If you access third-party websites or services through links on our Services, you do so at your own risk. We are not liable for harm, damages, losses, or disputes related to your access to or use of third-party websites, products, services, content, or resources. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Section 10 - Relationship with Shopify

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

Section 11 - Privacy Policy

Our collection, use, disclosure, storage, and processing of personal information is described in our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with Shopify policies and applicable law.

Because the Services are hosted by Shopify, information you submit to or through the Services may be transmitted to and shared with Shopify and service providers that help us operate our store, process payments, fulfill orders, provide customer support, analyze usage, and deliver the Services. Please review our Privacy Policy for more information.

Section 12 - Feedback, Reviews, and User Submissions

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photos, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Feedback in any medium for any purpose, including commercial, marketing, customer service, and operational purposes.

You represent and warrant that: (i) you own or have the necessary rights to provide the Feedback; (ii) your Feedback does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other rights; (iii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iv) your Feedback complies with these Terms.

We are not required to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable.

Section 13 - Errors, Inaccuracies, and Omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or other details. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted an order, subject to applicable law.

Section 14 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any international, federal, state, provincial, territorial, or local law; (c) to infringe our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send spam, junk mail, chain letters, or similar solicitations; (g) to impersonate another person or entity; or (h) to engage in conduct that restricts or interferes with another person’s use or enjoyment of the Services or may harm Kissa LLC, Shopify, or users of the Services.

You also agree not to: (a) upload or transmit viruses, malware, or harmful code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without permission; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, scrape, or use automated tools to access the Services without permission; or (e) interfere with or circumvent security features of the Services, related websites, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account or access to the Services if we determine that you have violated these Terms.

Section 15 - Termination

We may terminate this agreement or suspend or terminate your access to the Services, or any part of them, in our sole discretion at any time, subject to applicable law. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after 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 termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is provided for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set forth in these Terms.

EXCEPT AS EXPRESSLY STATED BY KISSA LLC OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING 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 LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KISSA LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, 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, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED

OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KISSA LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, THESE TERMS, OR ANY PURCHASE MADE THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO KISSA LLC FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, KISSA LLC SHALL NOT BE LIABLE FOR:

ALLERGIC REACTIONS, SKIN SENSITIVITIES, OR INDIVIDUAL RESPONSES TO FABRICS, DYES, TRIMS, DETERGENTS, OR MATERIALS;
DELAYS OR FAILURES CAUSED BY SHIPPING CARRIERS, CUSTOMS, WEATHER, SUPPLY CHAIN ISSUES, OR EVENTS OUTSIDE OUR REASONABLE CONTROL;
DIFFERENCES IN PRODUCT APPEARANCE CAUSED BY DEVICE SCREENS, LIGHTING, PHOTOGRAPHY, OR AI-ASSISTED OR DIGITALLY ENHANCED VISUAL CONTENT;
MISUSE, ALTERATION, IMPROPER CARE, OR UNAUTHORIZED MODIFICATION OF PRODUCTS;
THIRD-PARTY SERVICES, PAYMENT PROCESSORS, SOCIAL MEDIA PLATFORMS, OR EXTERNAL LINKS;
LOSS ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT CAUSED BY YOUR FAILURE TO SAFEGUARD ACCOUNT CREDENTIALS.

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THESE TERMS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND KISSA LLC, AND THAT KISSA LLC WOULD NOT PROVIDE THE SERVICES OR PRODUCTS WITHOUT SUCH LIMITATIONS.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Kissa LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or policies incorporated by reference; (2) your violation of any law or rights of a third party; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify 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 choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

Section 19 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on 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, or proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 - Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment without consent will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, subject to applicable law.

Section 22 - Governing Law

These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles, unless otherwise required by applicable law. You and Kissa LLC consent to venue and personal jurisdiction in the state and federal courts located in California, unless otherwise required by applicable law.

Section 23 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms of Service on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website

It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms where required by applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.

Section 25 - Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION.

To the fullest extent permitted by applicable law, you and Kissa LLC (“KISSA,” “we,” “us,” or “our”) agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, the products sold through the Services, marketing or advertising related to the Services, or any relationship between you and KISSA (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration, except as expressly provided below.

This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and applies regardless of the legal theory asserted or whether a Dispute arises before or after termination of these Terms.

Before initiating arbitration, the party seeking relief must first send the other party a written notice describing the nature of the Dispute and the requested resolution. You agree to first contact us at [INSERT LEGAL EMAIL] and attempt to resolve the Dispute informally for at least thirty (30) days before initiating arbitration.

If the Dispute is not resolved informally, arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect, unless the parties mutually agree otherwise. Arbitration may be conducted remotely, by written submissions, by telephone, or in the county where you reside or another mutually agreed location.

The arbitrator shall have exclusive authority to resolve all threshold arbitrability issues, including the scope, enforceability, and applicability of this arbitration provision. The arbitrator may award only those remedies available in an individual action under applicable law.

YOU AND KISSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION OR PROCEEDING.

To the fullest extent permitted by law:

class actions and class arbitrations are waived;
representative actions are waived;
consolidated or mass arbitrations are waived; and
claims may not be joined with those of other persons.

YOU AND KISSA WAIVE ANY RIGHT TO A JURY TRIAL.

Notwithstanding the foregoing:

either party may bring an individual action in small claims court if the claim qualifies;
either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction for misuse of intellectual property, unauthorized access, infringement, or other equitable claims; and
Nothing in this section prevents either party from reporting concerns to governmental or regulatory authorities.

If any portion of this arbitration provision or class action waiver is determined to be unlawful or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect, except that if the class action waiver is deemed unenforceable, then this entire arbitration section shall be null and void to the extent prohibited by law.

Unless prohibited by applicable law, any Dispute must be commenced within one (1) year after the claim or cause of action arises, or such claim shall be permanently barred.

You may opt out of this arbitration agreement by sending written notice to [INSERT LEGAL EMAIL OR MAILING ADDRESS] within thirty (30) days of first accepting these Terms. Your notice must include your full name, address, email address associated with your purchase or account, and a clear statement that you wish to opt out of arbitration.

Section 26 - Contact Information

Questions about these Terms of Service should be sent to us at kissakidswear@gmail.com.

Kissa LLC

Email: kissakidswear@gmail.com
Address: 1093 Broadway Ave, San Jose, CA 95125, US