Terms of Use

Welcome to kapaaku.com (the "Site"). These Terms of Use ("Terms") govern your access to and use of our Site. By accessing or using the Site, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state, province, or country of residence to use this Site. If you do not agree to these Terms, please do not use the Site.

1. Store Operations and Merchant of Record

Our storefront is hosted and operated in partnership with Fourthwall, Inc. ("Fourthwall"). Fourthwall acts as the Merchant of Record for all purchases made through this Site. Purchases and Fulfillment: When you place an order, your transaction is processed by Fourthwall, who is responsible for the payment, manufacturing, shipping, returns, and customer service related to your physical or digital order. Fourthwall's Terms: All purchases made through the Site are subject to Fourthwall’s Terms of Service and applicable policies. By making a purchase, you agree to Fourthwall's terms. For questions regarding your order, shipping, or returns, please refer to Fourthwall’s policies or contact their support team.

2. Intellectual Property

The content on this Site—including the compilation, selection, and arrangement of designs, artwork, graphics, logos, images, text, and overall website design—is operated by Frank Nicholas Coutavas Jr ("Owner"). Brand Protection: Our store name, logos, and overall brand identity are protected by applicable trademark and unfair competition laws. You may not use our branding to sell your own goods or confuse consumers. Restrictions on Use: By using this Site, you contractually agree not to reproduce, distribute, modify, scrape, reverse-engineer, or display any of the content, designs, or layouts found on this Site for commercial purposes without our express prior written consent. Purchases: Purchasing a product from our store does not transfer any commercial or reproduction rights of the artwork or designs to you.

3. Acceptable Use

By using our Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local or international laws.
• Attempt to interfere with the security, integrity, or performance of the Site (e.g., introducing viruses, malware, or attempting unauthorized access).
• Use automated scripts, spiders, or scrapers to copy or harvest data from the Site.
• Reproduce or frame any part of the Site on another website without permission.

4. Privacy Policy

Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Site, you acknowledge the terms of our Privacy Policy.

5. Third-Party Links

Our Site may contain links to third-party websites or services (such as our social media profiles or Fourthwall's platform). We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites. We encourage you to read the terms and policies of any third-party site you visit.

6. Disclaimer of Warranties

The Site and its online features are provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, kapaaku.com disclaims all warranties, express or implied, regarding the Site (including accuracy, availability, and non-infringement). Product warranties, returns, and quality assurances are governed by Fourthwall as Merchant of Record and its policies.

7. Limitation of Liability

To the maximum extent permitted by law, the Owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site. Our total liability for any claim relating to the Site will not exceed the greater of (a) USD $100 or (b) the amounts you paid to us (if any) for access to the Site during the 12 months before the claim. Any liability related to the purchase, fulfillment, or quality of products is governed by your agreement with Fourthwall.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Owner and our affiliates, partners, and service providers from any claim, demand, damages, or expenses (including reasonable attorneys' fees) made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third party.

9. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Ecuador, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of the Site (excluding disputes related to product purchases, which are handled by Fourthwall) shall be subject to the exclusive jurisdiction of the competent courts in Pastaza, Ecuador.

10. Termination

We reserve the right to suspend or terminate your access to the Site at any time, in our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms of Use. Upon termination, your right to use the Site will immediately cease.

11. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date at the top. Your continued use of the Site after any changes indicates your acceptance of the new Terms.

12. General Provisions

• Severability. If any provision of these Terms is held invalid, the remainder will remain in full force.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for delay or failure caused by events beyond our reasonable control (including internet outages, acts of God, or third-party service failures).
• No Waiver. A failure to enforce a right is not a waiver of that right.

13. Contact Us

If you have any questions about these Terms of Use, please contact us at: support@kapaaku.com.