Terms of Service

Overview

Welcome to Kiss My Plot! The terms “we”, “us” and “our” refer to Kiss My Plot. Kiss My Plot 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”). Kiss My Plot is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on the location of Kiss My Plot, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties 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 use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory 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 minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required 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 in our stores is correct, current and complete, and that you have all rights necessary to provide this information. 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 provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen, due to the type of device you use to access the store and your device’s settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as described or displayed 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 products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase and authorizing us and our payment processors to charge your selected payment method for the full amount of the order. Kiss My Plot reserves the right to accept or decline your order for any reason, at its discretion, subject to applicable law. Your order is not accepted until Kiss My Plot confirms acceptance. We must receive and process payment before your order is accepted. Please review your order carefully before submitting it, as Kiss My Plot may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was placed. Purchases are subject to return or exchange only in accordance with our Return and Refund Policy. This does not limit any rights you may have under applicable law. You represent and warrant that your purchases are for personal or household use and not for commercial resale or 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 set out in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs or import duties. Prices published in our online stores may differ from prices offered in physical stores, or in online or other stores operated by third parties. We may from time to time 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 promotion terms will prevail. 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, 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 provided, (2) the information you provide for that payment method is true, correct and complete, (3) the charges you incur will be honored by your payment method provider, and (4) you will pay the charges incurred at the published prices, including handling fees, shipping fees and all applicable taxes, if applicable.

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 maximum extent permitted by applicable law, title and risk of loss pass to you when we transfer the products 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, extreme weather conditions, labor disputes, supply shortages, utility or telecommunications failures, cyber incidents, government actions or other similar events. Please see our Shipping Policy for more details.

6. Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video and audio, are owned by Kiss My Plot, its affiliates or licensors, and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Likewise, product listings are managed by and owned by Kiss My Plot. The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark or other proprietary right, in or to the product, its design, or its underlying software or technology. All such rights remain exclusively with Kiss My Plot or the original rights holder. 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 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 Kiss My Plot, Shopify or any third party. Unauthorized use of the Services may violate intellectual property or other applicable laws. All rights not expressly granted here are reserved by Kiss My Plot. The names, logos, product and service names, designs and slogans of Kiss My Plot are trademarks of Kiss My Plot or its affiliates or licensors. You must not use these trademarks without the prior written permission of Kiss My Plot. 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 given access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any 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 entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers. We may also, in the future, 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 any third-party materials or websites you choose to access. If you decide 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 loss related to your access to any third-party websites, or to the purchase or use of any products, services, resources or content on any third-party websites. Please review third parties’ policies and practices carefully and make sure you understand them before engaging in any transaction. Claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.

9. Relationship with Shopify

Kiss My Plot is powered by Shopify, which enables us to provide the Services to you. 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, any sales and purchases you make in our Store are made directly with Kiss My Plot. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kiss My Plot, 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 related to purchases and transactions with Kiss My Plot.

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 the Services, Shopify collects, uses, processes and stores personal information about your access to and use of the Services, including information about the transaction. Shopify may use this information for purposes that include, but are not limited to, providing, securing and improving the Services; processing transactions; and helping to prevent fraud on this website and other websites that are supported by Shopify. Information collected when you visit or use the Services, including information automatically collected 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 country of residence, in order to provide services to you. Please see our Privacy Policy and Shopify’s privacy policy for more details on how we, Shopify and our partners use personal information.

11. Feedback

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, 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 for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (3) your Feedback will comply with these Terms of Service. We do not have, and will not have, any obligation (a) to keep Feedback confidential; (b) to pay compensation for Feedback; or (c) to respond to Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or unlawful, abusive or obscene content, nor contain any computer virus or other malicious software 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 other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you create and its accuracy. We assume no responsibility for any Feedback posted by you or by 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 fees, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited Uses

13.1 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 or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use 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 any “junk mail”, “chain letter”, “spam” 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 anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Kiss My Plot, 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 will or may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or act under false pretenses on the Services; (e) use any robot, spider, scraper, data mining and extraction 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 use 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 (the “Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity and that may run on behalf of, or using the device of, a person, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, on every occasion, it identifies itself and acts in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked the Agent to refrain from accessing, using or interacting with any service.

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

14.4 Agents must: (a) on all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user agent string: “Agent/[agent name]”; (b) not hide or conceal that any access, use or interactions come from an Agent, for example (i) by imitating human behavior and interaction patterns, or (ii) by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (c) respond truthfully to any question or prompt asked to determine whether interactions come from a human or a computer; and (d) not circumvent or evade 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) in our sole discretion at any time, without notice, and you will remain responsible for all amounts owed up to and including the date of termination. The following sections will continue to apply following any 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.

16. Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the precision, accuracy, completeness or usefulness of this information. Any reliance on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY Kiss My Plot, 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 ENSURE, REPRESENT OR WARRANT 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 MAXIMUM EXTENT PROVIDED BY LAW, IN NO EVENT WILL Kiss My Plot, 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, LOST REVENUE, LOST 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 PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, 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 Kiss My Plot, 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, payable to any third party due to or arising out of (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 claim subject to indemnification, provided that failure to promptly notify us does not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a 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 shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection law 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 that right or provision. These Terms of Service and any policies or operating rules posted by us on this site, or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 ambiguities 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 null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or prior notice to you.

22. Governing Law

These Terms are governed by the laws of the jurisdiction where Kiss My Plot is headquartered or incorporated, without regard to conflict of law principles. You and Kiss My Plot consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law. You and Kiss My Plot consent to venue and personal jurisdiction in those courts. Nothing in this section limits any rights you may have to bring claims in local courts or to invoke the mandatory laws that apply where you live.

23. Translations

The Terms of Service may be available in languages other than English. In the event of any inconsistencies or conflicts between these Terms of Service in English and the Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising from these Terms of Service will be resolved in English, unless otherwise indicated by Kiss My Plot (acting in its sole discretion) or as required by applicable law.

24. Headings

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

25. Electronic Communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, account notification or postings on the Services. These communications may relate to orders, your account, purchases, returns, these Terms of Service, or other matters related to the Services. It is your responsibility to keep your contact information up to date.

26. Changes to the 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, 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 following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. Contact Information

Questions about the Terms of Service should be sent to support@kissmyplot.com.

Our contact information is posted in our Contact Information Policy.