Terms of Service

Last updated: July 18, 2025

1. Acceptance of Terms

By accessing and using the MomDadKaiDesign website ("Service"), you accept and agree to be bound by the terms and provision of this agreement.

2. About MomDadKaiDesign

MomDadKaiDesign is a Washington-registered business operating under DBA 'MomDadKaiDesign'. Our business details:

  • Business Name: MomDadKaiDesign (DBA)
  • Founded: February 2025
  • Location: Washington State, USA
  • Primary Business: Design, creation, and sale of culture and curiosity-inspired design gifts including mugs, totes, puzzles, apparel, and other merchandise
  • Sales Channels: Primarily through third-party platforms (Etsy) and our website

3. Use License

Permission is granted to temporarily view the materials on MomDadKaiDesign's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials
  • Use the materials for any commercial purpose or for any public display
  • Attempt to decompile or reverse engineer any software on the website
  • Remove any copyright or other proprietary notations from the materials

4. Intellectual Property

All content on this website and our products, including but not limited to designs, artwork, logos, text, images, graphics, software, and other materials are the intellectual property of MomDadKaiDesign and are protected by:

  • United States copyright law
  • International copyright treaties
  • Trademark law (where applicable)
  • Other applicable intellectual property laws

Prohibited Uses

You may not, without our express written permission:

  • Copy, reproduce, or distribute our designs or content
  • Use our designs for commercial purposes
  • Create derivative works based on our designs
  • Remove copyright notices or proprietary markings
  • Use our brand name, logo, or trademarks
  • Reverse engineer or attempt to extract source code

DMCA Compliance

We respect the intellectual property rights of others and expect users to do the same. If you believe your copyrighted work has been infringed, please contact us at contact@momdadkaidesign.com with detailed information about the alleged infringement.

5. Product Sales, Shipping, and Orders

Products are sold through third-party platforms (primarily Etsy) and our website. All sales transactions are governed by the terms and conditions of those platforms and these terms. We reserve the right to:

  • Refuse or cancel orders at our discretion
  • Limit quantities available for purchase
  • Discontinue products without notice
  • Modify product designs or specifications

Shipping

  • Shipping times are estimates and may vary based on location and product availability
  • We are not responsible for delays caused by shipping carriers or customs
  • International orders may be subject to customs duties and taxes
  • Risk of loss passes to you upon delivery to the shipping carrier

Returns and Refunds

  • Standard Products: Returns accepted within 30 days of delivery if item is unused and in original condition
  • Custom/Personalized Items: Generally non-refundable unless there is a defect or error on our part
  • Digital Products: Non-refundable once downloaded
  • Defective Items: We will replace or refund defective items at our discretion
  • Return Shipping: Customer responsible for return shipping costs unless item is defective
  • Refund Timeline: Refunds processed within 5-10 business days of receiving returned item

6. Custom Design Services

We may offer custom design services. For custom work:

  • Payment is typically required upfront or as agreed upon
  • Revisions are subject to our revision policy
  • Completion times are estimates and may vary
  • Client must have rights to any materials provided for customization

7. Disclaimer

The materials on MomDadKaiDesign's website are provided on an 'as is' basis. MomDadKaiDesign makes no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOMDADKAIDESIGN SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
  • ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
  • ANY DAMAGES ARISING FROM THIRD-PARTY PLATFORMS (ETSY, ETC.)
  • ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE

This limitation applies even if:

  • We have been advised of the possibility of such damages
  • The remedy fails of its essential purpose
  • The damages arise from negligence or other fault

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

9. Accuracy of Materials

The materials appearing on MomDadKaiDesign's website could include technical, typographical, or photographic errors. MomDadKaiDesign does not warrant that any of the materials on its website are accurate, complete, or current.

10. Links

MomDadKaiDesign has not reviewed all of the sites linked to our website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MomDadKaiDesign of the site.

11. Force Majeure

We are not liable for any delays, failures, or interruptions in service that result from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, or other events of force majeure.

12. Indemnification

You agree to indemnify, defend, and hold harmless MomDadKaiDesign and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.

13. Modifications

MomDadKaiDesign may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

14. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Washington State, USA, and you irrevocably submit to the exclusive jurisdiction of the courts in Washington State.

15. Contact Information

Questions about the Terms of Service should be sent to:

  • Email: contact@momdadkaidesign.com
  • Website: www.momdadkaidesign.com
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