Terms and conditions

Kayactive Terms of Service

Welcome to Kayactive. By accessing our website, browsing our collections, or purchasing from our shop, you agree to be bound by the following Terms of Service. Please read them carefully.

1. Eligibility & Account Usage

By agreeing to these Terms, you represent that you are at least 18 years of age. Our products are intended solely for personal, non-commercial use unless you have obtained prior written consent or a specific commercial license from us.

2. Right to Refuse Service & Order Modifications

We reserve the right to refuse service, cancel orders, or limit quantities purchased per person, per household, or per order at our sole discretion. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to modify these terms, website content, and product pricing at any time without prior notice.

3. Intellectual Property

All content included on this site—including but not limited to the Kayactive name, logos, graphics, product designs, photography, text, and marketing assets—is the exclusive property of Kayactive and is protected by United States and international copyright, trademark, and intellectual property laws.

4. Wholesale Inquiries

We welcome partnerships with verified retailers. Wholesale pricing tiers, minimum order quantities (MOQs), and terms are available upon qualification. For wholesale applications and inquiries, please contact our team directly at wholesale@kayactive.store.

5. Limitation of Liability & Warranties

• Product Use: Kayactive designs sportswear for active lifestyles, but we are not liable for any personal injury, property damage, or adverse reactions resulting from the use or misuse of our products.
• Liability Cap: To the maximum extent permitted by law, Kayactive’s total liability to you for any damages arising out of or related to your purchase shall not exceed the total dollar amount of your specific order.
• As-Is Basis: Except as expressly required by law, all products and services delivered to you through the site are provided "as is" and "as available" without any warranties, representations, or conditions of any kind, either express or implied.

6. Force Majeure (Unforeseen Events)

Kayactive will not be held responsible or liable for any delays, failure to perform, or delivery interruptions caused by events beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, severe weather events, pandemics, government restrictions, labor shortages, or global supply chain disruptions. In such events, we will make every effort to communicate transparently and fulfill your order as soon as conditions allow.

7. Governing Law & Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Texas.

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration in Dallas, Texas, rather than in court. Both parties agree to waive any right to participate in a class-action lawsuit.

8. Severability & Entire Agreement

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.