Last updated: April 27, 2026
Sibi 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”). Sibi is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described here.
Personal Information We Collect or Process
When we use the term “personal information,” we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified so that it cannot identify or be reasonably linked to you.
We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
- Contact details — your name, address, billing address, shipping address, phone number, and email address.
- Financial information — credit card, debit card, and financial account numbers, payment card information, transaction details, form of payment, payment confirmation, and other payment details.
- Account information — your username, password, security questions, preferences, and settings.
- Transaction information — the items you view, add to your cart or wishlist, or purchase, return, exchange, or cancel, and your past transactions.
- Communications with us — the information you include in communications with us, for example when sending a customer support inquiry.
- Device information — information about your device, browser, or network connection, your IP address, and other unique identifiers.
- Usage information — information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
SMS / Mobile Messaging
If you opt in to our SMS program, we collect your mobile phone number, your consent record (date, time, and source of opt-in), message content, delivery and engagement data, and your opt-out status. We use this information to send recurring marketing messages from Sibi (such as drops, promotions, and product news), to operate and improve the Program, and to comply with applicable law.
We do not sell or share mobile information — including phone numbers and consent records — with third parties or affiliates for their marketing or promotional purposes. Mobile information may be shared with service providers (such as our SMS platform and telecom carriers) solely to deliver messages on our behalf and operate the Program. You can opt out at any time by replying STOP to any message. For full SMS terms, see the SMS / Mobile Messaging Terms in our Terms of Service.
Personal Information Sources
We may collect personal information from the following sources:
- Directly from you — when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information.
- Automatically through the Services — from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies.
- From our service providers — when we engage them to enable certain technology and when they collect or process your personal information on our behalf.
- From our partners or other third parties.
How We Use Your Personal Information
Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
- Provide, tailor, and improve the Services. To perform our contract with you, process payments, fulfill your orders, remember your preferences and items you are interested in, send notifications related to your account, process purchases, returns, exchanges, or other transactions, create and manage your account, arrange for shipping, enable you to post reviews, and create a customized shopping experience — such as recommending products related to your purchases.
- Marketing and advertising. To send marketing, advertising, and promotional communications by email, text message, or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously purchased or added to your cart and other activity on the Services.
- Security and fraud prevention. To authenticate your account, provide a secure payment and shopping experience, detect, investigate, or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and secure our Services. If you register an account, you are responsible for keeping your account credentials safe. We strongly recommend that you do not share your username, password, or other access details with anyone else.
- Communicating with you. To provide customer support, be responsive to you, deliver effective service, and maintain our business relationship with you.
- Legal reasons. To comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
- With Shopify, vendors, and other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment, and shipping).
- With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements based on your activity across merchants and websites. You can exercise that right through the opt-out option on our website.
- At your direction or with your consent — for example, to ship you products, or through your use of social media widgets or login integrations.
- With our affiliates or otherwise within our corporate group.
- In connection with a business transaction such as a merger or bankruptcy; to comply with any applicable legal obligations (including responding to subpoenas, search warrants, and similar requests); to enforce any applicable terms of service or policies; and to protect or defend the Services, our rights, and the rights of our users or others.
Relationship with Shopify
The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you.
To help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including responding to your requests to exercise your rights.
To learn more about how Shopify uses your personal information and any rights you may have, visit the Shopify Consumer Privacy Policy. Depending on where you live, you may exercise certain rights through the Shopify Privacy Portal.
Third Party Websites and Links
The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on them.
Information you provide on public or semi-public venues — including information you share on third-party social networking platforms — may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on those platforms or of their owners or operators, except as disclosed on the Services.
Children’s Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the details below to request that it be deleted.
As of the Last Updated date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, provide you with Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. These rights are not absolute, may apply only in certain circumstances, and, in certain cases, we may decline your request as permitted by law.
- Right to access / know. You may have a right to request access to personal information we hold about you.
- Right to delete. You may have a right to request that we delete personal information we maintain about you.
- Right to correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Right to opt out of sale or sharing for targeted advertising. Depending on where you reside, you may have a right to opt out of the “sale” or “share” of your personal information or to opt out of the processing of your personal information for purposes considered “targeted advertising,” as defined in applicable privacy laws. If you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt out for the device and browser you use to visit the website. If we are able to associate the device sending the signal with a Shopify account, we will apply the opt-out request to the account as well. To learn more about Global Privacy Control, visit https://globalprivacycontrol.org. Other than the Global Privacy Control, we do not recognize other “Do Not Track” signals.
- Managing communication preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option in our emails. If you opt out, we may still send you non-promotional emails, such as those about your account or orders you have made.
You may exercise any of these rights where indicated on the Services or by contacting us using the details below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. You may designate an authorized agent to make requests on your behalf; before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the details below. Depending on where you live, you may have the right to appeal our decision by contacting us, or to lodge your complaint with your local data protection authority.
International Transfers
We may transfer, store, and process your personal information outside the country you live in.
If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms — such as the European Commission’s Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK — unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the “Last updated” date, and provide notice as required by applicable law.
Contact
If you have questions about our privacy practices or this Privacy Policy, or would like to exercise any of the rights available to you, please reach out:
Last updated: April 27, 2026
Overview
Welcome to Sibi. The terms “we,” “us,” and “our” refer to Kaze Holding Inc., a Delaware corporation, doing business as Sibi (“Sibi”). Sibi 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”). Sibi is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and a binding arbitration clause and class action waiver (see Section 23) that affect how disputes are resolved.
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, you should not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and the age of majority in your state or province of residence, and that you have given us your consent to allow any of your 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 asked to provide certain information, such as your email address, billing, payment, 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 it.
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.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online stores.
All descriptions of products 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 that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Sibi reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sibi confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sibi may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy (available at launch).
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 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 otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores, and 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 (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 — Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Sibi, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sibi, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Sibi.
Sibi’s names, logos, product and service names, designs, and slogans are trademarks of Sibi or its affiliates or licensors. You must not use such trademarks without the prior written permission of Sibi. 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 the trademarks of their respective owners.
Section 7 — Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.
Section 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 materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 — Relationship with Shopify
Sibi is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Sibi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sibi, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sibi.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide the Services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 11 — SMS / Mobile Messaging Terms
By providing your mobile phone number and opting in to our SMS program, you agree to these Mobile Messaging Terms, which form part of these Terms of Service.
- Program description. When you opt in, you will receive recurring marketing messages from Sibi related to our marketing programs (the “Program”), including promotions, product news, drops, and similar updates.
- Consent. Your consent to receive marketing text messages is not a condition of any purchase. You may opt out at any time without affecting your ability to make purchases or use the Services.
- Message frequency. Message frequency varies.
- Cost. Message and data rates may apply. Rates are billed by and payable to your mobile service provider. Sibi does not charge for the messages you receive or send, but standard rates from your carrier still apply.
- Opt out — STOP. You may opt out at any time by replying STOP to any message you receive from us. After replying STOP, you will receive one final message confirming that you have been unsubscribed. You may continue to receive transactional messages related to your account or orders.
- Help — HELP. For help, reply HELP to any message, or contact us at hello@drinksibi.com.
- Carriers. Carriers are not liable for delayed or undelivered messages. Supported carriers include the major U.S. wireless carriers (including AT&T, T-Mobile, Verizon Wireless, and others). T-Mobile is not liable for delayed or undelivered messages.
- Eligibility. You represent that you are at least 18 years old, the subscriber or customary user of the mobile number you provide, and authorized to opt in to the Program with that number.
- Privacy. Information collected through the Program is handled in accordance with our Privacy Policy. We do not sell or share mobile information with third parties or affiliates for their marketing or promotional purposes, and no mobile information will be shared for such purposes.
- Changes. We may modify or terminate the Program at any time, with or without notice, without liability to you.
Section 12 — Feedback
If you submit, upload, post, email, or otherwise transmit any 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, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your 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.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware 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 make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 13 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 14 — Prohibited Uses
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 harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (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 which, as determined by us, may harm Sibi, Shopify, or users of the Services, or expose them to liability.
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 that will 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 pretext the Services; (e) use any robot, spider, scraper, data gathering 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 the security or authorization features, robot exclusion headers, or other measures we employ 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.
Section 15 — Agents
15.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.
15.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 15.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: Agent/[agent name]; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
Section 16 — 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 liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, SMS / Mobile Messaging Terms, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution; Binding Arbitration; Class Action Waiver, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 17 — Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such 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 its contents.
EXCEPT AS EXPRESSLY STATED BY SIBI, 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 GUARANTEE, 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.
Section 18 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SIBI, 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 PROCURED 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
Section 19 — Indemnification
You agree to indemnify, defend, and hold harmless Sibi, 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 they incorporate 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 indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 20 — Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 21 — Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 shall not be construed against the drafting party.
Section 22 — 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 such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 23 — Governing Law; Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SIBI ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Governing law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
Informal resolution. Before filing a claim, you and Sibi agree to try to resolve the dispute informally. You agree to first contact us at hello@drinksibi.com with a written description of the dispute and your contact information. We will attempt to resolve the dispute informally for at least sixty (60) days before either party may initiate arbitration.
Binding arbitration. If we cannot resolve the dispute informally, you and Sibi agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in the English language by a single arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND SIBI 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 more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.
30-day right to opt out. You have the right to opt out of the binding arbitration and class action waiver provisions of this Section 23 by sending written notice of your decision to opt out to hello@drinksibi.com within thirty (30) days of first becoming subject to these Terms. Your notice must include your name, address, the email address you use with the Services, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other terms of these Terms of Service.
Venue for non-arbitrable claims. For any Dispute not subject to arbitration, you and Sibi agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of Delaware, and you waive any objection to venue in such courts.
Section 24 — Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 25 — Changes to 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective 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 constitutes acceptance of those changes.
Section 26 — Contact Information
Questions about these Terms of Service should be sent to us at hello@drinksibi.com.
Kaze Holding Inc. (dba Sibi)
411 East Huntington Drive, #107-351
Arcadia, CA 91006, US
Email: hello@drinksibi.com