TERMS OF USE (Katari Beauty)

Effective Date: September 4, 2025
Who we are: Katari, LLC DBA Katari Beauty (“Katari,” “we,” “us,” “our”).
Contact: legal@kataribeauty.com
Katari Beauty 1787 S Broadway, Denver, CO 80210

1. Acceptance & Changes

By accessing or using our website or other online services (collectively, the “Site”), you agree to these Terms. We may update these Terms at any time; continued use means you accept the changes. We will post the “Effective Date” above when updated.

2. Eligibility & Accounts

You must be at least 13 to use the Site and of legal age to make purchases. You are responsible for maintaining your account credentials and for all activity under your account.

3. Accuracy of Information; Your Representations

You represent and warrant that all information you submit (e.g., name, email, phone number) is true, accurate, current, and that you are the primary owner or customary user of any phone number you provide for SMS. You agree to promptly update changes (e.g., number reassignment). We are not liable for messages or notices misdelivered due to inaccurate or outdated information you supplied, and you agree to indemnify us for claims, fines, damages, or fees arising from your provision of inaccurate information (including TCPA claims caused by you supplying someone else’s number). See Sections 10–11.

4. Communications; SMS/Email Consent

If you opt in to marketing emails and/or texts, you authorize us to send recurring promotional messages (frequency varies). Consent is not a condition of purchase. Reply STOP to cancel and HELP for help. Message/data rates may apply. We honor applicable opt-out mechanisms and maintain consent records. We comply with CAN-SPAM for email, TCPA/FCC rules for texts, and CTIA best practices, including the FCC’s “one-to-one” consent rule (no reliance on lead-generator bundled consent). See our Email & SMS Disclosures incorporated by reference.

5. Orders, Pricing, & Availability

We may limit quantities, refuse or cancel orders, and correct errors. Taxes and shipping are calculated at checkout. Title and risk of loss pass upon the carrier's receipt.

6. Acceptable Use

You agree not to: (a) violate laws; (b) reverse engineer, scrape, or overload the Site; (c) upload harmful code; (d) infringe IP; (e) misrepresent identity, consent, or contact details; or (f) use automated means to create accounts or place orders.

7. User Content; Feedback

You grant Katari a nonexclusive, worldwide, royalty-free license to use content you submit (e.g., reviews) in connection with the Site and our marketing, consistent with our Privacy Policy. You retain ownership of your content.

8. Intellectual Property

All Site content is owned by Katari or its licensors and protected by IP laws. You may use the Site for personal, non-commercial use only; no reproduction, distribution, or derivative works without permission.

9. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATARI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS/REVENUES, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR FROM COMMUNICATIONS SENT BASED ON INFORMATION YOU PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID TO KATARI IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Katari from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your breach of these Terms; (b) your inaccurate information or consent representations; (c) your misuse of the Site; or (d) your violation of laws (including CAN-SPAM/TCPA).

12. Dispute Resolution; Class Action Waiver; Carve-Out

Arbitration. Except for the claims carved out below, any dispute between you and Katari will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act. No class actions or class arbitration. You may opt out within 30 days of first agreeing to these Terms by emailing legal@kataribeauty.com with “Arbitration Opt-Out” and your account details.

Carve-out for Katari’s Protective Claims. Katari may file in court (and seek damages/injunctive relief) for misuse, fraud, unauthorized access, IP infringement, or where you knowingly provided false contact information that caused legal exposure (e.g., TCPA claims), as well as small-claims matters. 

Venue & Governing Law. For court-permitted claims, exclusive venue is state or federal courts in Denver County, Colorado, under Colorado law (without regard to conflicts rules), except where preempted by federal law.

13. Third-Party Services

The Site may integrate third-party services (e.g., Shopify, Klaviyo, Meta, Google Analytics, etc.). Their terms and privacy policies apply to those services.

14. Changes; Severability; Assignment

We may modify or discontinue the Site at any time. If any provision is unenforceable, the rest remain in effect. We may assign these Terms; you may not without our consent.