Terms of service

OVERVIEW

Welcome to KyoSense! The terms “we,” “us,” and “our” refer to KyoSense. KyoSense operates this store and website, including all information, content, features, tools, products, and services provided to offer you, the customer, an optimal shopping experience (the “Services”). KyoSense is powered by Shopify, which enables us to provide these Services.

The terms and conditions below, together with any policies referenced herein (“Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when using our Services.

Please read these Terms and Conditions of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.

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

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms and Conditions of Service, you represent that you are of legal age in your state or province of residence, and that you have given us consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.

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

You are responsible for the activity that occurs under your account and for maintaining the confidentiality of your account credentials. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We strive to display our products and services as accurately as possible in our online stores. However, the colors and appearance of products may vary depending on your device type, settings, and display configuration.

We cannot guarantee that the appearance or quality of any products or services you purchase will meet your expectations or exactly match their online descriptions or images.

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

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. KyoSense reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is not confirmed until KyoSense sends you a confirmation.

Before accepting an order, payment must be received and processed. Please review your order carefully before submitting it, as KyoSense may be unable to accommodate cancellation requests once an order has been accepted.

If an order is rejected, modified, or canceled, we will notify you via the email, billing address, or phone number you provided when placing the order.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

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

SECTION 4 – PRICES AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be listed in your order confirmation email.

Unless otherwise stated, listed prices do not include taxes, customs duties, shipping, handling, or import fees.

Prices displayed on our online stores may differ from prices offered in physical stores, other online stores, or by third-party sellers. From time to time, we may offer promotions that affect pricing, which are subject to separate terms and conditions. In the event of a conflict between the promotion terms and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide accurate, current, and complete information regarding purchases, payments, and account details, and to promptly update this information — including your email address and credit card numbers and expiration dates — so we can complete your transactions and contact you if needed.

You represent and warrant that:
(i) the credit card information you provide is truthful, accurate, and complete;
(ii) you are authorized to use the credit card for purchases;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges at the posted prices, including applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, text, visual content, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by KyoSense, its affiliates, or licensors and are protected by applicable patent, copyright, and intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any materials from the Services without our written consent.

Except as expressly stated, nothing in these Terms grants or should be construed as granting any license or rights to you under KyoSense’s, Shopify’s, or any third party’s intellectual property rights. Unauthorized use of the Services may violate intellectual property laws.

All rights not expressly granted herein are reserved by KyoSense.

The names, logos, product and service names, designs, and slogans of KyoSense are trademarks of KyoSense or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s names, logos, and marks are trademarks of Shopify. Other names and marks that appear in the Services are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services that we neither monitor nor control.

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 shall have no liability arising from or relating to your use of optional third-party tools.

Your use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.

We may also introduce new features through the Services (including new tools and resources), which shall be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials or hyperlinks to websites operated by third parties (including embedded third-party features).

We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites. Accessing third-party materials or websites is at your own risk.

We are not liable for any issues or damages arising from your access to or use of third-party websites, products, or services. Please review the applicable third-party policies before engaging in any transactions.

Any complaints or claims regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANT: This section explains Shopify’s relationship with your store and must not be removed or altered.]

KyoSense is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our store are between you and KyoSense.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and KyoSense, including any injury, damage, or loss resulting from your purchase. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your transactions with KyoSense.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read these privacy policies.

Since Shopify powers the Services, it collects and processes personal data about your access to and use of the Services to provide and improve them. Your data may be transmitted to and shared with Shopify and third parties located in different countries.

Please refer to our Privacy Policy [LINK] for more information on how we, Shopify, and our partners handle your personal data.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

You confirm that:
(i) you own or control all rights to your Feedback;
(ii) you have disclosed any rewards or incentives received for providing Feedback; and
(iii) your Feedback complies with these Terms.

We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may monitor, edit, or remove Feedback that we deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, or other proprietary rights, and that it will not contain defamatory, illegal, or malicious content or viruses.

You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in or related to the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping costs, transit times, or availability.

We reserve the right to correct such errors or omissions, and to update or cancel orders if any information is inaccurate, at any time and without prior notice (including after an order has been submitted).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly, to:

(a) engage in any unlawful or malicious activity;
(b) violate any local, provincial, national, or international law or regulation;
(c) infringe upon intellectual property rights;
(d) harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(e) submit false or misleading information;
(f) send or solicit spam, chain letters, or unsolicited messages;
(g) impersonate any person or entity; or
(h) interfere with others’ use of the Services or compromise security.

We reserve the right to suspend or terminate your account at any time, without notice, if we believe you have violated any of these Terms.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time, at our discretion and without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only. We make no representations or warranties as to the accuracy or completeness of this information.

EXCEPT AS EXPRESSLY STATED BY KyoSense, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KyoSense, ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS — NOR SHOPIFY OR ITS AFFILIATES — BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR OTHER LOSSES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KyoSense, Shopify, and their affiliates, officers, employees, agents, merchants, licensors, and service providers from any claims, damages, losses, or liabilities (including reasonable legal fees) arising from:
(1) your violation of these Terms;
(2) your violation of any law or third-party rights; or
(3) your use of the Services.

SECTION 18 – SEVERABILITY

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

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure by Shopify or KyoSense to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or notices posted by us on the site, constitute the entire agreement between you and KyoSense and supersede all prior agreements or communications, whether oral or written.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Any attempted assignment shall be null and void. We may assign or delegate these Terms without notice or consent.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which KyoSense is established. You and KyoSense agree to the exclusive jurisdiction of such courts.

SECTION 22 – HEADINGS

Headings are included for convenience only and shall not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You may review the most current version of these Terms and Conditions of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes periodically.

We will notify you of any material changes in accordance with applicable law, and such changes will take effect as of the date indicated in the notice. Continued use of the Services after modifications constitutes acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms and Conditions of Service should be sent to: info@kyosense.com