Terms of service
These Terms of Service ("Terms") govern your access to and use of kaiarelief.com (the "Site") and the purchase of products from Vivance Group LLC ("Kaia Relief," "we," "us," or "our"). By accessing the Site or purchasing our products, you agree to these Terms. If you don't agree, please don't use the Site or purchase our products.
PLEASE READ SECTION 15 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH KAIA RELIEF THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS BY FOLLOWING THE INSTRUCTIONS IN SECTION 15.
Eligibility
You must be at least 18 years old to purchase products from Kaia Relief. By placing an order, you represent and warrant that you're at least 18 years old and legally able to enter into a binding contract. Kaia Relief products are intended for adults.
Account Registration
Some features of the Site, including subscription management, require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
You're responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
If you believe your account has been accessed without your authorization, please contact us immediately at support@kaiarelief.com.
Products & Orders
Product Information
We work hard to display product information accurately, including ingredients, directions for use, and pricing. However, we don't warrant that all information on the Site is error-free.
Product packaging and ingredients may vary slightly from the images shown on the Site. The information that appears on the actual product packaging is the authoritative source.
Order Acceptance
Your order is an offer to purchase the products at the listed price. We reserve the right to accept or decline your order for any reason, including product availability, pricing errors, product information errors, or suspected fraud.
If we're unable to fulfill your order, we'll notify you and refund any payment received.
Product Availability
All products are subject to availability. If a product becomes unavailable after you place an order, we'll notify you and offer one of the following options:
- Wait for the product to be restocked.
- Choose a substitute product.
- Receive a full refund.
Pricing & Payment
All prices are listed in U.S. dollars and don't include applicable taxes, which are added during checkout where required.
We reserve the right to change prices at any time. Price changes won't affect orders that have already been placed.
By providing payment information, you authorize us to charge your payment method for the total amount of your order, including any applicable taxes and shipping charges.
For subscription orders, you authorize recurring charges in accordance with the terms outlined in our Subscription Policy.
Shipping, Returns & Subscriptions
Shipping, returns, refunds, and subscription services are governed by our Shipping & Returns Policy and our Subscription Policy, both of which are incorporated into these Terms by reference.
Health Disclaimer
Kaia Relief products are dietary supplements and topical wellness products. They aren't intended to diagnose, treat, cure, or prevent any disease.
The information provided on the Site—including product descriptions, ingredient information, blog articles, and customer support communications—is for general informational and educational purposes only and shouldn't be considered medical advice.
Always consult a qualified healthcare professional before starting any new supplement, particularly if you're pregnant, nursing, taking medication, managing a diagnosed condition, or experiencing symptoms that concern you.
Don't stop, start, or change any prescribed medication based on information found on this Site.
Individual results may vary. Statements regarding Kaia Relief products haven't been evaluated by the U.S. Food and Drug Administration.
Intellectual Property
All content on the Site—including text, graphics, logos, images, photographs, product designs, packaging, formulations, the Kaia Relief name and logo, and the "Relief without compromise" tagline—is owned by Vivance Group LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may view and use the Site for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any content from the Site without our prior written permission.
User Content
If you submit reviews, comments, photos, testimonials, or other content to the Site or Kaia Relief social media channels ("User Content"), you grant Vivance Group LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that User Content for the purpose of operating, marketing, and promoting Kaia Relief products.
We won't use your User Content in a way that personally identifies you without your additional consent.
You represent and warrant that:
- You own or have the necessary rights to the User Content you submit.
- Your User Content is accurate.
- Your User Content doesn't violate the rights of any third party or any applicable law.
You may request removal of your User Content at any time by emailing support@kaiarelief.com. We'll remove it from materials we control within a reasonable time, although we can't guarantee removal from materials already distributed.
Acceptable Use
You agree not to:
- Use the Site for any unlawful purpose.
- Attempt to gain unauthorized access to the Site, our systems, or any user account.
- Interfere with or disrupt the Site or its underlying infrastructure.
- Use automated tools, including bots, scrapers, or crawlers, without our written permission.
- Reverse-engineer any portion of the Site.
- Transmit viruses, malware, or other harmful code.
- Impersonate any person or entity.
- Submit false, misleading, or fraudulent information.
- Resell Kaia Relief products without authorization.
- Use the Kaia Relief name, logo, or trademarks without permission.
Disclaimers
THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KAIA RELIEF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DON'T WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DON'T WARRANT THAT THE RESULTS OBTAINED FROM USING OUR PRODUCTS WILL MEET YOUR EXPECTATIONS.
Some jurisdictions don't allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VIVANCE GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PRODUCTS, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WON'T EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KAIA RELIEF DURING THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions don't allow the limitation or exclusion of incidental or consequential damages, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Vivance Group LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your User Content, or your misuse of the Site or our products.
Dispute Resolution
Informal Resolution First
Most concerns can be resolved quickly and informally. Before initiating any formal proceeding, you and Kaia Relief agree to attempt to resolve any dispute through good-faith informal discussion for at least 60 days.
To begin this process, send a written notice describing the dispute and the relief you're seeking to support@kaiarelief.com with the subject line "Dispute Notice", or by mail to:
Vivance Group LLC33 Hull Street
Shelton, CT 06484
Attn: Legal
We'll respond within 30 days.
Binding Arbitration
If the dispute isn't resolved within 60 days, you and Kaia Relief agree that any dispute, claim, or controversy arising out of or relating to these Terms, our products, or our Site—except as provided below—will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.
Arbitration will be conducted by a single arbitrator and may take place in person, by document submission, by telephone, or online. For claims of $10,000 or less, you may choose the arbitration format.
The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
The AAA's rules and arbitration forms are available at adr.org. Kaia Relief will pay applicable filing, administration, and arbitrator fees under the AAA Consumer Rules unless the arbitrator determines your claim is frivolous.
Class Action Waiver
YOU AND KAIA RELIEF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate multiple claims or preside over any class or representative proceeding. If this waiver is found unenforceable, the entire Dispute Resolution section will be considered void.
Exceptions
Either party may:
- Bring an individual action in small claims court where appropriate.
- Seek injunctive or equitable relief for intellectual property violations.
- File suit to compel arbitration under this section.
30-Day Right to Opt Out
You may opt out of the arbitration agreement and class action waiver by sending written notice within 30 days of first agreeing to these Terms.
Send your notice to support@kaiarelief.com with the subject line "Arbitration Opt-Out", or by mail to:
Vivance Group LLC33 Hull Street
Shelton, CT 06484
Attn: Legal
Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. Opting out won't affect any other provision of these Terms.
Survival
This Dispute Resolution section will survive the termination of these Terms or your relationship with Kaia Relief.
Governing Law
These Terms are governed by the laws of the State of Connecticut, without regard to its conflict of laws principles.
Subject to the Dispute Resolution section above, any judicial proceedings (for example, to enforce an arbitration award or to seek injunctive relief) will be brought exclusively in the state or federal courts located in Connecticut, and you consent to the personal jurisdiction of those courts.
Changes to These Terms
We may update these Terms from time to time. When we make material changes, we'll update the "Last Updated" date at the top of these Terms and, where appropriate, notify you by email or through a notice on the Site.
Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms.
Miscellaneous
These Terms, together with our Privacy Policy, Shipping & Returns Policy, and Subscription Policy, constitute the entire agreement between you and Kaia Relief regarding your use of the Site and the purchase of our products.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms won't be considered a waiver of our right to enforce that provision at a later time.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or other corporate transaction.
Contact
If you have any questions about these Terms of Service, please contact us:
Vivance Group LLC33 Hull Street
Shelton, CT 06484
Email: support@kaiarelief.com