Terms of Service

Effective Date: June 5, 2025

Welcome to https://ericakochi.com/ (the "Site"). These Terms of Service ("Terms") govern your use of the Site operated by Erica Kochi ("we," "our," or "us"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access the Site.

1. Use of the Site

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site. By using the Site, you represent and warrant that you meet this eligibility requirement.

License

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. This license does not allow you to:

Modify, reproduce, or distribute the content on the Site.
Use the Site for unlawful purposes.
Interfere with the Site's operation or security.

Client Dashboard

Each client receives a unique, personalized dashboard URL for tracking their order.
The dashboard is provided "as-is" without any warranties.
You are responsible for maintaining the confidentiality of your dashboard URL.
We disclaim all liability for any issues, interruptions, or problems with the dashboard functionality.
The dashboard may be modified or discontinued at any time without notice.
Preview renderings shown on the dashboard are for illustrative purposes only and may differ from the final product.

Restrictions

You agree not to:

Use any automated systems (e.g., bots, scrapers) to access the Site. An exception is granted to operators of search engines such as Google and Bing to index the site to appear in search results.
Attempt to gain unauthorized access to any part of the Site.
Post or transmit any harmful, defamatory, or unlawful content.

2. Purchases and Payments

If you make a purchase through the Site, the following terms apply:

Payment Processing: All payments are securely processed via Stripe. By making a purchase, you agree to Stripe's Terms of Service.
No Returns or Refunds: Due to the custom nature of our products and limited quantity fabrics, all sales are final. No returns or refunds are permitted except in cases of gross manufacturing errors, which will be determined at our sole discretion.
Order Modifications: Once an order is placed, modifications may not be possible due to the custom nature of the product and limited fabric availability.

3. Product Disclaimer

Quality and Use

Our shirts are custom-made products using limited quantity fabrics.
We make no warranties about the quality, durability, or suitability of the shirts for any particular purpose.
You acknowledge that the shirts are custom products and may have variations in appearance, texture, or other characteristics.
We are not liable for any issues arising from the use, care, or maintenance of the shirts.
Preview renderings shown on the dashboard are for illustrative purposes only and may differ from the final product in terms of color, texture, or other visual aspects.

Limited Liability

Our total liability to you for any claims related to the shirts or services shall not exceed the amount you paid for the specific shirt giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive damages.
We are not liable for any loss of profits, revenue, data, or goodwill.
We are not liable for any damages arising from your use of the client dashboard.

4. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of Erica Kochi or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use any content without our prior written permission.

5. Third-Party Services

The Site integrates third-party services, including:

Stripe for payment processing.
Google Analytics and Google Ads for analytics and advertising.
Supabase for backend data storage.

Your use of these services is subject to their respective terms and policies. We are not responsible for their actions or omissions.

6. Disclaimer of Warranties

The Site and all products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We do not warrant that:

The Site will be uninterrupted or error-free.
The client dashboard will be available or function without issues.
The Site is free of viruses or harmful components.
The shirts will meet your expectations or be suitable for any particular purpose.

7. Limitation of Liability

To the fullest extent permitted by law, Erica Kochi and her affiliates, agents, and employees shall not be liable for any:

Indirect, incidental, or consequential damages.
Loss of profits, data, or goodwill arising out of your use of the Site or products.
Issues with the client dashboard or its functionality.

In no event shall our total liability exceed the amount you paid for the specific shirt giving rise to the claim.

8. Indemnification

You agree to indemnify and hold Erica Kochi harmless from any claims, liabilities, damages, or expenses (including attorney's fees) arising from your use of the Site, products, or violation of these Terms.

9. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Alameda County, California.

10. Changes to the Terms

We may update these Terms from time to time. Changes will be indicated by an updated "Effective Date." Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

Erica Kochi
Berkeley, CA
To get in touch with us, please use the contact form on our website.

Policy for Children

We do not knowingly collect or solicit data from anyone under 18 years old. If we learn that we have collected personal data from a person under 18, we will delete that data. All users must be 18 years or older to use this Site.