Terms of Service

Last Updated: August 28, 2026

OVERVIEW

Welcome to Kava Republic. These Terms of Service (“Terms”) govern your access to and use of the Kava Republic website, online store, and related services.

The terms “Kava Republic,” “we,” “us,” and “our” refer to Kava Republic Inc.

Kava Republic operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide customers with access to our products and online shopping experience.

Our store is powered by Shopify, which provides the technology that enables us to operate the Services.

By accessing, browsing, or using the Services, or by purchasing products from us, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy, our Your Privacy Choices policy, and any other policies referenced on our website.

If you do not agree to these Terms, you should not access or use the Services.

SECTION 1 — ELIGIBILITY AND USE OF THE SERVICES

By using the Services or purchasing products from us, you represent that you are at least the age of majority in the jurisdiction where you reside and that you have the legal capacity to enter into these Terms.

You may not use the Services if doing so would violate applicable federal, state, local, or other laws or regulations.

You agree to provide information that is accurate, current, and complete when you place an order or otherwise provide information to us.

We do not provide customer accounts or login functionality at this time. If we introduce account functionality in the future, additional terms may apply.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, ingredients, specifications, and other information displayed on our website are accurate and up to date.

However, product appearance, color, packaging, labeling, and other characteristics may vary from images or descriptions displayed online.

We reserve the right to:

• Change product descriptions or information;

• Modify or discontinue products;

• Limit quantities available for purchase;

• Restrict sales to particular individuals, geographic areas, or jurisdictions; and

• Correct errors or inaccuracies in product information.

Nothing on our website should be understood as a guarantee that a product will produce a particular result.

Kava Products

Our products may contain kava or other botanical ingredients.

Information provided on our website about our products is provided for general informational purposes and is not intended to constitute medical, health, or professional advice.

Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition unless expressly stated otherwise in accordance with applicable law.

You are responsible for reviewing product ingredients, warnings, labeling, and other product information before purchasing or using a product.

If you have questions about whether a product is appropriate for you, including questions relating to medications, medical conditions, pregnancy, or other health circumstances, consult an appropriately qualified healthcare professional before using the product.

You are also responsible for determining whether the purchase, possession, shipment, or use of a product is permitted under the laws applicable to you.

SECTION 3 — ORDERS AND ACCEPTANCE

When you place an order through our website, you are submitting an offer to purchase the products in your order.

Receipt of an order confirmation does not necessarily mean that we have accepted your order. We reserve the right to accept, decline, limit, or cancel any order at our discretion, subject to applicable law.

An order is accepted when we confirm acceptance or otherwise process the order for fulfillment.

We may decline or cancel an order for reasons including, but not limited to:

• Product availability;

• Pricing or product-description errors;

• Suspected fraud or unauthorized transactions;

• Shipping restrictions;

• Legal or regulatory restrictions;

• Quantity limitations;

• Incorrect customer information; or

• Other circumstances affecting our ability to fulfill the order.

If we cancel or modify an order after you have submitted it, we will make reasonable efforts to notify you using the contact information provided with the order.

If payment has already been processed for an order that we cancel, we will issue an appropriate refund.

Your purchases are subject to our applicable Refund Policy.

Unless we expressly agree otherwise, you represent that products purchased from us are for personal or household use and are not being purchased for unauthorized resale or unlawful distribution.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

Product prices, discounts, promotions, and other offers may change at any time without notice.

The price charged for a product will generally be the price displayed at the time the order is submitted and will be reflected in your order confirmation, subject to correction of errors.

Unless otherwise stated, prices may not include applicable taxes, shipping charges, or other fees.

You agree to provide accurate and complete billing, payment, shipping, and contact information.

You represent that you are authorized to use the payment method submitted with your order.

Payment information is processed through Shopify and/or applicable third-party payment processors. We do not intentionally store your full payment card information.

We reserve the right to refuse or cancel transactions that we reasonably believe may involve fraud, unauthorized payment methods, unlawful activity, or violations of these Terms.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery dates provided on our website are estimates and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, weather, customs, government actions, supply-chain disruptions, or other circumstances outside our reasonable control.

You are responsible for providing an accurate and complete shipping address.

If a package is returned because of an incorrect or incomplete address, refusal of delivery, or other circumstances attributable to the customer, additional shipping charges may apply.

To the extent permitted by applicable law, risk of loss for products generally passes to you when the products are delivered to the carrier for shipment.

Nothing in these Terms limits any rights you may have under applicable law concerning delivery, defective products, or other consumer protections.

SECTION 6 — RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, and exchanges are governed by our Refund Policy.

Please review that policy before placing an order.

Nothing in these Terms is intended to limit any non-waivable rights or remedies provided to you under applicable law.

SECTION 7 — INTELLECTUAL PROPERTY

The Services and their contents, including but not limited to text, product descriptions, photographs, graphics, logos, trademarks, designs, videos, audio, software, page layouts, and other materials, are owned by or licensed to Kava Republic Inc. and are protected by applicable intellectual property laws.

Except as expressly permitted by us in writing or by applicable law, you may not:

• Reproduce or copy our content;

• Modify or create derivative works from our content;

• Distribute or republish our content;

• Publicly display or perform our content;

• Use our content for commercial purposes;

• Systematically download or collect our content; or

• Use our trademarks, logos, or branding without our prior written permission.

You may access and use the Services for personal, lawful, non-commercial purposes.

All rights not expressly granted under these Terms are reserved by Kava Republic Inc.

“Kava Republic,” our logos, product names, slogans, designs, and other branding are trademarks or trade dress of Kava Republic Inc. or its licensors. You may not use them without our prior written permission.

Shopify's name, trademarks, and branding remain the property of Shopify.

SECTION 8 — USER CONTENT AND REVIEWS

If you submit, post, upload, email, or otherwise provide reviews, comments, photographs, testimonials, suggestions, ideas, or other content to us (“User Content”), you represent that:

• You own or have the necessary rights to provide the User Content;

• The User Content is accurate to the best of your knowledge;

• The User Content does not violate the rights of another person or entity;

• The User Content does not contain unlawful, defamatory, threatening, obscene, fraudulent, or otherwise objectionable material; and

• The User Content does not contain malicious code or other harmful material.

By submitting User Content, you grant Kava Republic Inc. a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use that User Content for purposes including operating, promoting, and improving our Services and business.

We are not required to publish, maintain, or respond to User Content.

We reserve the right to remove User Content that we believe violates these Terms or applicable law.

You remain responsible for the User Content you submit.

SECTION 9 — THIRD-PARTY TOOLS AND SERVICES

Our Services may include functionality provided by third parties, including Shopify, payment processors, advertising platforms, analytics providers, shipping providers, and other service providers.

Third-party services may operate under their own terms and privacy policies.

We do not control and are not responsible for third-party services that we do not own or operate.

Your use of third-party services may be subject to additional terms imposed by those third parties.

SECTION 10 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications, or services operated by third parties.

We provide these links for convenience and do not necessarily endorse or control those third-party websites or services.

We are not responsible for the content, accuracy, availability, security, privacy practices, products, or services of third-party websites.

If you choose to access a third-party website or service, you do so at your own risk and should review its applicable terms and privacy policy.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which provides the technology platform that enables us to operate the Services.

However, purchases made through our online store are transactions between you and Kava Republic Inc.

Shopify is not responsible for the products we sell, the fulfillment of our orders, our customer service, our product representations, or other aspects of transactions between you and Kava Republic.

To the fullest extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for claims arising from or relating to products purchased from Kava Republic or transactions between you and Kava Republic.

SECTION 12 — PRIVACY

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

Our Cookies Policy provides additional information about cookies and similar technologies.

Our Your Privacy Choices page provides information about certain privacy choices and opt-out rights, including rights relating to targeted advertising, sale or sharing of personal information, and applicable privacy preference signals.

By using the Services, you acknowledge that you have reviewed these policies.

SECTION 13 — SMS AND MARKETING COMMUNICATIONS

If you voluntarily provide your mobile phone number and consent to receive promotional text messages from Kava Republic, you agree that we may send SMS or text messages in accordance with your consent and applicable law.

Message frequency may vary. Message and data rates may apply depending on your mobile carrier and plan.

You may opt out of marketing text messages at any time by following the instructions included in the applicable messages, including replying STOP where available.

After opting out, you may receive a confirmation message. You may continue to receive transactional or service-related communications that are necessary to fulfill an order or provide customer service.

Email marketing communications may also be sent where you have subscribed or otherwise consented as required by applicable law. You may unsubscribe from promotional emails using the unsubscribe instructions included in those messages.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You agree not to use the Services:

1. For any unlawful, fraudulent, or malicious purpose;

2. To violate any applicable federal, state, local, or other law or regulation;

3. To infringe or violate our intellectual property rights or the rights of others;

4. To impersonate another person or entity;

5. To provide false, misleading, or fraudulent information;

6. To interfere with or disrupt the Services;

7. To introduce viruses, malware, or other harmful code;

8. To attempt to gain unauthorized access to our systems or the systems of our service providers;

9. To interfere with security or authentication measures;

10. To collect or harvest personal information belonging to other users without authorization;

11. To use the Services to transmit spam, phishing attempts, or other unsolicited communications;

12. To use automated systems to place fraudulent or abusive orders;

13. To scrape, systematically extract, or reproduce substantial portions of the Services without our permission; or

14. To engage in conduct that could harm Kava Republic, our customers, our service providers, or the operation of the Services.

We reserve the right to restrict or terminate access to the Services when reasonably necessary to protect our business, customers, systems, or rights, or to address violations of these Terms.

SECTION 15 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or other information.

We reserve the right to correct errors, update information, change or cancel promotions, and cancel orders affected by inaccurate information, subject to applicable law.

We do not undertake an obligation to update all information on the Services.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and information provided through the Services are provided on an “as is” and “as available” basis.

We do not guarantee that:

• The Services will always be available or uninterrupted;

• The Services will be free of errors or defects;

• Information on the Services will always be complete, accurate, or current; or

• The Services will be free from viruses or other harmful components.

To the fullest extent permitted by law, Kava Republic disclaims warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes or limits any warranty or consumer right that cannot legally be excluded or limited under applicable law.

SECTION 17 — PRODUCT DISCLAIMER

Product information provided through the Services is intended for general informational purposes.

Kava products and other products sold by Kava Republic are not intended to diagnose, treat, cure, or prevent any disease or medical condition unless expressly stated otherwise in accordance with applicable law.

We do not make guarantees regarding the results that any individual may experience from using our products.

You are responsible for reading product labels, ingredients, warnings, and directions before using a product.

If you have a medical condition, take medication, are pregnant or nursing, or have other health-related concerns, consult a qualified healthcare professional before using products containing kava or other botanical ingredients.

SECTION 18 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Kava Republic Inc. and its owners, officers, directors, employees, agents, affiliates, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, savings, business opportunities, goodwill, or data, arising from or related to:

• Your use of or inability to use the Services;

• Your purchase, possession, or use of products purchased through the Services;

• Delays or interruptions in the Services;

• Third-party websites or services;

• Unauthorized access to or alteration of information; or

• Any other matter relating to the Services or these Terms.

To the fullest extent permitted by applicable law, our total liability arising from or relating to your use of the Services or purchase of products will not exceed the amount you actually paid to Kava Republic for the specific product or transaction giving rise to the claim during the twelve months preceding the event giving rise to the claim.

This limitation does not apply to liabilities that cannot legally be limited or excluded under applicable law.

SECTION 19 — INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kava Republic Inc. and its owners, officers, directors, employees, agents, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, losses, and reasonable expenses, including reasonable attorneys' fees, arising from or related to:

1. Your violation of these Terms;

2. Your violation of applicable law;

3. Your violation of the rights of another person or entity;

4. Your User Content; or

5. Your misuse of the Services.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, and you agree to reasonably cooperate with that defense.

Nothing in this section requires you to indemnify Kava Republic for our own conduct to the extent prohibited by applicable law.

SECTION 20 — TERMINATION

We may suspend or terminate your access to the Services if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or otherwise misused the Services.

We may also discontinue or modify all or part of the Services at any time.

Termination will not affect obligations or rights that by their nature should survive termination, including provisions concerning intellectual property, User Content, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions.

SECTION 21 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in full force and effect.

SECTION 22 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with the policies expressly incorporated into them, constitute the entire agreement between you and Kava Republic concerning your use of the Services and supersede prior agreements or understandings concerning the same subject matter.

SECTION 23 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms, in whole or in part, without your consent where reasonably necessary in connection with a merger, acquisition, sale of assets, corporate reorganization, financing, or similar transaction.

SECTION 24 — GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except to the extent federal law or non-waivable consumer-protection laws apply.

Subject to applicable law, any legal action arising from or relating to these Terms or your use of the Services shall be brought in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.

Nothing in this section is intended to deprive you of rights or remedies that cannot legally be waived under the laws applicable to you.

SECTION 25 — CHANGES TO THESE TERMS

We may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date at the top of this page. If required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

We encourage you to review these Terms periodically.

SECTION 26 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Kava Republic Inc.

Email: support@kavarepublic.com

Website: KavaRepublic.com