Terms of service

Thank you for shopping at Mikokos. We invite you to explore the range of products and related materials available on our websites (collectively referred to as the "Service"); please note that your invitation is subject to your agreement with these Terms of Service, so review them carefully.

Agreement to the Terms

These provisions include: the Shipping Policy, the Privacy Policy of Mikokos, and the Commercial Terms, as well as any other terms or conditions we may present in connection with specific offers or promotions of the service (collectively referred to as the "Terms"). These constitute a contract between the Customer and Mikokos, the provider of the Service (referred to in these Terms as "Mikokos" or "we"). The "Customer" of Mikokos is (i) the individual user of the Service; or (ii) a company or organization where a person creates an account on behalf of that company or organization, providing an email address using the domain of that company or organization. When we refer to "you" in these Terms, we mean the Customer. If you are creating an account for a company or organization, you represent and warrant, on behalf of the Customer, that you have the authority to bind the Customer to these Terms. By using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree to be legally bound by these Terms and our Privacy Policy, do not use the Service.

Modification of These Terms

We may change, add, or remove portions of these Terms at any time at our sole discretion, as new features, technology, or legal requirements arise, so you should review them periodically. You can always determine if the Terms have changed by checking the effective date at the top of these Terms, and it is your responsibility to do so before using the Service.

We will make all reasonable efforts to notify you of any significant changes by posting a notice of the changes on the Service’s website and/or, at our sole discretion, by email or other means.

If we update these Terms, you are free to decide whether to accept the updated terms or stop using the Service; your continued use of the Service after the effective date of an update will be deemed your agreement with and consent to the new Terms.

You may refer to "Account Cancellation" for instructions on how to cancel your account. Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless set forth in a written agreement that explicitly modifies these Terms and is signed by both you and us.

For clarity, email or other communications will not constitute a valid written agreement for this purpose.

Use of the Service

You may use the Service only in accordance with and subject to these Terms if you are at least 18 years old. To place an order for any product, you must provide certain information to complete a purchase and/or set up an account. It is your obligation to ensure that all information, data, and other materials you provide us in connection with the Service are true, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account and password. You are also responsible for all activities that occur under your account or password, whether or not you are aware of or authorize them. You agree to notify us immediately in the event of unauthorized use of your account or any other security breach. Use of the Service is void where prohibited by law.

Mikokos works with third-party providers ("Third-Party Providers") to provide technical assistance and other functions related to fulfilling the Service. By using the Service, you grant your consent and approval for these Third-Party Providers to participate in the provision of the Service.

See our Privacy Policy to understand the extent to which a third party may have access to Customer Information.

Additional Terms Related to the Service

Product Descriptions

Mikokos makes reasonable efforts to display the products listed for sale through the Service as accurately as possible. However, Mikokos does not guarantee that product descriptions or other content are accurate, complete, reliable, current, or error-free, as we rely on information provided by our suppliers.

If a product offered by Mikokos does not match its description, please contact us as soon as possible at hello@mikokos.com, and we will make every effort to find an acceptable solution. However, if we are unable to find a solution, the only commitment will be the return of the product, in accordance with our Commercial Terms.

Product Availability

All products offered on the Mikokos website are subject to availability. Mikokos reserves the right to change the items offered through the Service at any time and without prior notice.

The Service may contain information about product availability at the time of ordering, but the actual inventory available may change significantly and without prior notice. If a product is unavailable for immediate shipment after you place your order, you will be notified, and you may choose to:

Order a different item that is available at that time.
Wait until the product becomes available again if it is restocked.
Cancel your order.

Mikokos is not responsible if products are out of stock or unavailable.

Gift Cards and Promotions

Occasionally, Mikokos may offer certain gift cards, events, or promotional opportunities that are subject to our Commercial Terms. Additionally, they may be subject to specific rules or terms related to the particular gift card or promotion.

Comments and Feedback

We appreciate your comments, reviews, and suggestions for improving the Service ("Feedback"). You may submit your feedback via email to hello@mikokos.com or through another specified method.

You acknowledge and agree that:

(i) Feedback does not contain confidential or proprietary information.
(ii) Mikokos has no obligation of confidentiality, express or implied, regarding any Feedback.
(iii) Mikokos shall have the right to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any manner, including, but not limited to, all reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information, which is handled in accordance with our Privacy Policy).
(iv) Mikokos may already be considering or developing ideas similar to those presented in your Feedback.
(v) Your Feedback automatically becomes the property of Mikokos without any obligation to you.
(vi) You are not entitled to any compensation or reimbursement of any kind from Mikokos under any circumstances.

For clarity, Mikokos shall have the right to use all Feedback in any manner without restriction or obligation to you, including, but not limited to, advertising, promotion, product development, or other commercial purposes.

Without limiting these rights, you grant Mikokos a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works from, and exploit the Feedback for any purpose.

You agree that Mikokos has no obligation to review or use any Feedback (including messages) posted by you or submitted through the Service by you or any third party and assumes no liability or responsibility in connection with such Feedback.

Mikokos, at its sole discretion, may monitor, withhold publication, or remove any Feedback.

Ownership of the Service (Copyright)

The Service and all content available or presented through the Service (including all intellectual property of any kind, whether registered or not, including all text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) are the exclusive property of Mikokos and its respective providers, licensors, or content creators and are protected by copyright, trademark, and other applicable laws.

You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works, modify, or sell any material contained in the Service.

The trademark "Mikokos" and all other trademarks and logos related to Mikokos, as well as the trademarks and logos of third parties, whether registered or not, displayed through the Service, are the exclusive property of Mikokos or a third party, as applicable.

The domain name https://mikokos.com/ is and shall remain the exclusive property of Mikokos. Any reproduction, distribution, transmission, modification, or use of such trademarks or logos for any reason is prohibited.

Limited License

Subject to these Terms, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Service by displaying the content provided through your internet browser or device, solely for the purpose of purchasing personal items sold through the Service.

This license does not permit any commercial use or use of the Service on behalf of a third party, except where explicitly permitted in writing and with prior authorization.

Any violation of these Terms will immediately revoke the license granted in this paragraph without the need for notification.

Usage Restrictions

You may not use the Service for any purpose that is illegal or prohibited by these Terms, nor to solicit the performance of any illegal activity or any other activity that infringes on the rights of Mikokos or others.

Despite any other rights or restrictions in these Terms, you may not use the Service to:

Transmit through the Service any information, data, text, images, files, links, or software, except in connection with the authorized use of the Service or in response to specific requests for information from us.
Introduce to our Site or any connected system computer viruses, worms, Trojan horses, or any other harmful code.
Obtain unauthorized access to any of our computing equipment.
Impersonate another person, including, but not limited to, a registered user of the Service or an employee of Mikokos.
Invade privacy or violate any personal or property rights, including intellectual property rights, of any person or entity.
Misrepresent the identity of a user or use a false email address or phone number.
Modify or gain access to our websites or those of Third-Party Providers interconnected with our system.
Engage in fraudulent activities.
Collect information about another user of the Service without authorization, including sending unsolicited commercial emails.
Circumvent, disable, remove, impair, decrypt, or bypass any security measures implemented by Mikokos or its providers.
Attempt to access or search the Service or Customer Information using any automated tool, such as spiders, robots, crawlers, or data mining.
Send any unsolicited advertisements, promotional materials, spam, chain letters, or other forms of solicitation.
Attempt to probe, scan, or test the vulnerability of any system or network of Mikokos or violate any security measures.

Customer Information

Ownership

You allow Mikokos to access, process, and use various data when you use the Service. To purchase any product, you must provide us with certain personal information, including:

Name
Physical or mailing address
Email address
Financial information
Mobile phone number

(Collectively, this information is referred to as "Customer Information").

Between the Customer and Mikokos, the Customer will be considered the owner of the Customer Information, subject only to the Operational License that you expressly grant us under these Terms. For more information on the customer information we collect and how we use it, please review our Privacy Policy.

You are solely responsible for all your Customer Information. You represent and warrant that you own all the Customer Information or that you have all the necessary rights to grant us the Operational License under these Terms. You also represent and warrant that:

Neither your Customer Information, nor its use and provision through the Service, nor its use by Mikokos will infringe, misappropriate, or violate the intellectual property rights of third parties.
No publicity or privacy rights of third parties will be violated.
No law or applicable regulation will be violated.

Granting of Operational License

For us to legally process the Customer Information in the manner necessary to provide the Service, you must grant Mikokos certain rights regarding the Customer Information, allowing the technical actions we take in operating the Service to not be considered legal violations. For example, we need to be able to:

Collect, process, transmit, store, copy, and publish Customer Information to process your orders.
Allow our Third-Party Providers to fulfill the delivery of your orders.
Store, process, and publish the Customer Information you may provide in product reviews or other user-generated content.

Accordingly, you grant Mikokos a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to:

Use, copy, modify, and create derivative works based on the Customer Information.
Distribute, publicly display, and publicly perform the Customer Information in connection with the operation of the Service.

This license is granted solely for the purpose of providing the Service and for no other purpose (the "Operational License").

You agree that the Operational License you grant us may be extended to our Third-Party Providers to the extent necessary for the proper provision of the Service.

Protection of Customer Information

The protection of Customer Information is our top priority, so we have implemented and will maintain administrative, physical, and technical safeguards designed to prevent:

Unauthorized access.
Improper use of Customer Information.
Unauthorized modification, deletion, or disclosure of Customer Information by our staff.

We strive to share Customer Information only with third parties who, in accordance with our Privacy Policy, have contractually agreed to:

Maintain the confidentiality and security of Customer Information.
Prevent unauthorized access to Customer Information.

However, the Customer acknowledges and agrees that the Customer, and not Mikokos, is solely responsible for:

Ensuring the security, protection, and backup of their Customer Information when in their possession or control.
Assuming the risks of using an unencrypted connection to access the Service.

Account Termination, Fraud

Account Termination

You may choose to cancel your account with the Service at any time by contacting hello@mikokos.com. If we believe you have violated these Terms, we reserve the right to terminate your account with or without prior notice.

Service Unavailability; Termination; Fraud

We may alter, suspend, or discontinue the Service in whole or in part at any time and for any reason, without prior notice. Additionally, the Service may be temporarily unavailable from time to time due to maintenance or other reasons.

At our sole discretion, we may terminate or suspend your access to all or part of the Service or your account for any reason, including, but not limited to, violation of these Terms. If at any time we notify you that your access to or use of the Service has been terminated, you must immediately cease such access and use.

We reserve the right to:

Cancel, delay, or refuse to ship an order if fraud is suspected.
Hold or withdraw any order from the sender if fraudulent activity is suspected.

Links

The Service may contain links to other websites on the Internet that are owned and operated by third parties. These links should not be interpreted as an explicit or implicit endorsement of such third-party websites or any products or services that may be offered therein.

You acknowledge that we have no responsibility or obligation for the content or availability of such websites, the products or services available on them, or any third-party sites, products, or services.

We recommend reviewing the terms and conditions that such websites may impose, as they may differ from these Terms.

International Access

The Service can be accessed from countries and territories outside of Puerto Rico, but Mikokos currently does not ship any products outside of Puerto Rico and the United States.

Disclaimer; Limitation of Liability

Although many studies have indicated that consuming our products may be beneficial to your health, we acknowledge that they may cause allergies or other medical complications for some individuals and that scientific studies may still discover other characteristics that are not desirable, at least for certain people. Mikokos encourages you to make your own decision about whether consuming our products is appropriate for you.

Your decisions are your own responsibility, and Mikokos disclaims any liability or obligation regarding any adverse consequences that you or any person consuming our products may experience.

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." Mikokos DOES NOT GUARANTEE THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR ANY SERVER MAKING THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN NO EVENT SHALL Mikokos, ITS FOUNDERS, SUBSIDIARIES, DIVISIONS, OR AFFILIATES, OR THEIR RESPECTIVE MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, OR AFFILIATES, BE LIABLE TO YOU, ANY USER OF THE SERVICE, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING FROM THE USE OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT OR INFORMATION CONTAINED OR STORED OR MAINTAINED BY Mikokos, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, OR OTHERWISE, EVEN IF ANY OF THE ABOVE PARTIES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions, some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the maximum extent permitted by applicable law.

Promotions and Promotional Codes

Occasionally, Mikokos may offer certain promotions or make available, either directly or through a third party, gift cards or promotional codes or coupons that can be redeemed for a specific product or a discount on the price of one or more products for a fixed period (individually, a "Promotional Code" and collectively, "Promotional Codes").

Each such promotion (a "Promotion") may specify terms or conditions applicable to that Promotion, in which case those terms and conditions will override any provision in these Terms and Conditions. Otherwise, the following provisions (in addition to the other Terms and Conditions) shall apply:

To use a Promotional Code, you must have a registered account on the Service, use the registration or redemption process, and meet the eligibility requirements set by Mikokos regarding the Promotion.
Promotions may have an expiration date or special terms, as indicated at the time and place of issuance, after which such Promotions will be void. Mikokos is not obligated to accept expired or otherwise invalid or void Promotional Codes.
Promotions can only be redeemed on the Mikokos website for the purchase of products available on the website during the promotional period. They cannot be applied to any previously placed order and cannot be used for the purchase of gift cards.
Promotions are non-transferable and cannot be returned or redeemed for cash. Mikokos is not obligated to provide any compensation for lost or expired Promotional Codes.
If the total of your order is less than the value of the Promotion, the remaining balance of the Promotional Code will be forfeited and cannot be redeemed for future orders, subject to any expiration or other restrictions applicable to the specific Promotional Code. You can check the balance of your Promotional Code by contacting us at hello@mikokos.com.
To redeem a Promotional Code, you must enter the promotional information in the designated box during checkout. Additional restrictions may apply, as indicated at the time of issuance.
Promotional Codes cannot be combined, and using them may invalidate other previously applied discounts from other promotions.
If the purchase price of the product(s) purchased exceeds the value of your Promotional Code, the difference must be paid using another accepted payment method.
If you return any item purchased using a Promotional Code, the Promotional Code will not be reissued to you. If a refund is issued or a Gift Card is generated, it will be for the amount paid at the time of purchase.
Handle and use any Promotional Code carefully, as Mikokos is not responsible if a Promotional Code is lost, stolen, misdelivered, destroyed, or misused.
Sales tax and shipping charges apply to any item purchased with a Promotional Code.
We reserve the right, at our sole discretion, to reject, modify, cancel, or hold for review any Promotion and orders paid with a Promotional Code due to suspected fraud, Promotional Codes issued in error with an incorrect denomination, or other violations of promotional policies, in whole or in part, for any reason or no reason, to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or canceled.
Please note that Promotions are not gift cards, and terms and conditions may vary.
Mikokos is not responsible for any third-party products or services provided, or any marketing claims or promotional offers made by a third party. Mikokos is not obligated to provide any compensation or modify the Promotion or its requirements concerning any Promotion you have obtained from a third party acting improperly.
Mikokos may, at its discretion, choose not to allow the application of any Promotional Code for payment of certain products available on the Mikokos website.
Unless you have a separate agreement with Mikokos allowing you to distribute Promotional Codes, you are prohibited from selling, distributing, or transferring Promotional Codes. Mikokos reserves the right to invalidate Promotional Codes that have been issued or distributed improperly and owes you no compensation for such Promotional Codes.

General Terms

Entire Agreement

These Terms constitute the complete and exclusive agreement between Mikokos and you regarding the Service, and these Terms supersede and replace all prior oral or written agreements or understandings between Mikokos and you regarding the Service.

Severability

These Terms shall be applied to the fullest extent permitted by applicable law. If for any reason a court of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions of these Terms shall remain in full force and effect.

Legal Notices

Any notice required or permitted under these Terms must be in writing and delivered via email (i) to the email address included in your Customer Information or (ii) to Mikokos at hello@mikokos.com.

You agree that all notices and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. The date of receipt shall be considered the date on which such notification was sent.

Waiver

The failure of Mikokos to enforce any consequence for a breach of these Terms shall not be considered a waiver of such right or provision. A waiver of such right or provision shall only be effective if in writing and signed by a duly authorized representative of Mikokos, except as expressly stated in these Terms.

Force Majeure

Mikokos shall not be liable for any failure or delay in performing any obligation due to events beyond our control, which may include failure of a third-party provider, strikes, shortages, riots, fires, acts of nature, war, terrorism, and government actions.

Report any violation of these Terms to hello@mikokos.com.

SMS Marketing

By providing your phone number and opting into our text message communications, you agree to our Messaging Terms and Messaging Privacy Policy.

Resale Restrictions for Mikokos Distributors

Resellers shall not market or offer Mikokos products on or through any publicly accessible website without prior written consent from Mikokos. This includes, but is not limited to, third-party marketplaces such as Amazon, eBay, Jet, Rakuten, or Walmart Marketplace.

Any violation of these terms may result in the immediate termination of your wholesale account and removal from the Resale Program.