Terms of Service

These terms of service (these "Terms") apply to the purchase and sale of products and services through kakicura.com (the "Website"). These Terms are subject to change by FORTERA LLC (referred to as "KAKICURA", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy and Cookie Policy before placing an order for products through this Website. Other operational standards that apply to your order include our 60-Day Protocol Dignity Guarantee and KAKICURA Concierge Support Guidelines, which are accessible on our Website and incorporated herein as part of these Terms.

Order Placement and Acceptance; Non-Commercial Use Only.

Order Placement and Acceptance. Your order is expressly conditioned on acceptance of this Agreement. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us and we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between KAKICURA and you will not take place unless and until you have received your order confirmation email.

If you order a product, payment must be received by KAKICURA prior to our acceptance of the order. KAKICURA may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Once a properly completed order, your authorization, and a form of payment have been received, we will locate the product(s) you have ordered and arrange for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Non-Commercial Use Only. KAKICURA only accepts orders for non-commercial, personal consumer use. You cannot resell items offered on the Website without KAKICURA’s express prior written consent. If KAKICURA discovers that you are placing orders with the intent to resell items offered on the Website or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies against you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen payment credentials, KAKICURA will report your actions to federal, state, and local law enforcement authorities. It is your responsibility to understand and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used lawfully.

Subscriptions and Auto-Delivery (If Applicable)

Subscription Orders. While KAKICURA primary protocol tiers are structured as 100% one-time purchases, KAKICURA may offer consumers products or refills that can be purchased through an optional subscription or auto-replenishment program ("Subscription"), which will automatically renew unless canceled. If you enroll in a Subscription, you will be billed through the payment method you provide at your selected delivery cadence (e.g., every 30, 60, or 90 days, the "Billing Period"). You expressly agree that by submitting your initial subscription order, you accept and agree to the auto-renewal terms and authorize recurring charges to your payment method.

Cancellation of Subscription. You may cancel your subscription at any time without penalty. To avoid recurring charges for an upcoming shipment, you must cancel your subscription before the next scheduled billing date. You may cancel by logging into your customer portal or by contacting our Concierge Support Desk at support@kakicura.com. Cancellations take effect immediately for subsequent billing cycles.

Billing Information for Subscriptions. You are obligated to maintain current, complete, and accurate billing and shipping information. You are responsible for promptly updating all details (such as changes in billing address, payment card number, or expiration date) through the customer portal or by notifying our support desk.

Prices and Payment Terms

Price Changes & Errors. Prices, availability, and other purchase terms are subject to change without notice. While we make every effort to ensure the accuracy of the information on the Website and to promptly correct errors once discovered, we are not responsible for pricing, typographical, or photographic errors in any offer, and we reserve the right to cancel any orders arising from such errors. If your payment method has already been charged for an order that is subsequently canceled due to a pricing or inventory error, we will promptly refund the full amount charged.

Shipping Charges & Taxes. The posted price does not include taxes or standard shipping charges unless explicitly designated as Free US Delivery (such as orders meeting or exceeding $75.00 USD). All applicable shipping fees and sales taxes will be itemized in your shopping cart prior to checkout.

US Sales Tax. KAKICURA collects applicable state and local sales tax on orders shipped to jurisdictions where we have a legal obligation to do so. The final order total displayed on the checkout page will include all applicable state and municipal sales taxes based on your shipping address.

Payment Terms. Terms of payment are within our sole discretion, and payment must be received by us before an order is accepted and dispatched. You represent and warrant that: (i) the payment information you supply is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your financial institution; and (iv) you will pay all charges incurred at the posted prices, including all applicable taxes and shipping fees.

Shipping; Title and Risk of Loss

You will be responsible for shipping and handling fees as displayed during checkout. Unless otherwise noted, KAKICURA will use commercially reasonable efforts to ship products within a reasonable timeframe following order placement. Standard domestic delivery operates via Insured US Delivery with an estimated transit window of 6–10 business days, reflecting our small-batch cold-cure production rhythm.

Although KAKICURA provides delivery and shipment estimates, you understand that these are good-faith estimates and may be subject to carrier delays beyond our control. You agree that time is not of the essence for deliveries under these Terms. If your order is significantly delayed beyond 30 days from purchase, we will make reasonable efforts to contact you; if we cannot resolve the delay, you may request cancellation and a full refund of amounts paid. You agree that your sole and exclusive remedy for non-delivery is a refund of the purchase price.

Title and risk of loss pass to you upon our transfer of the parcels to the commercial carrier (USPS, UPS, or FedEx). Shipping dates are estimates only and cannot be guaranteed. We are not liable for transit delays caused by weather, logistics disruptions, or customs procedures.

Returns and Refunds

Please refer to our 60-Day Dignity Guarantee for complete terms governing returns, evaluations, and refunds.

60-Day Protocol Dignity Guarantee. For first-time purchases of our multi-bar systems (The Complete Protocol — $79.00 USD, and The Total Sanctuary Suite — $129.00 USD), we offer an extended 60-Day Protocol Dignity Guarantee. You are entitled and encouraged to use your first 115g solid persimmon puck down to the sliver over a full 30 days to evaluate results. To qualify for a guarantee refund, any remaining bars in your suite (2 bars in the Complete Protocol; 5 bars in the Sanctuary Suite) must remain unopened in their original factory tamper-evident seals. All included welcome gifts (Onsen Diatomite Stone Dock, Sisal Agave Pouch, Back Scrubber, Laundry Sheets) are yours to keep forever.

Standard 30-Day Unopened Returns. General merchandise and non-qualifying items may be returned within 30 days of delivery, provided they are in brand-new, unopened condition with all original seals intact.

Sanitary Hygiene Exemption. Under United States cosmetics and personal care sanitary standards, single-bar Starter Trial pucks ($39.00 USD) are personal hygiene items that cannot be restocked once dispatched, and are designated as Final Sale.

Mandatory Return Merchandise Authorization (RMA). All returns must be initiated by contacting our Concierge Support Desk at support@kakicura.com within the applicable return window to obtain an official RMA number and return warehouse address. Returned parcels lacking an active RMA number will be rejected by our receiving depot. Customer is responsible for tracked return postage. Refunds are processed within 3–5 business days following intake and seal inspection.

If you receive a damaged or defective item, please notify us within 7 days of delivery at support@kakicura.com with photos, and we will immediately dispatch a complimentary replacement.

Product Representations

KAKICURA reserves the right to discontinue or modify formulations, packaging, specifications, and pricing at any time. Because our solid bars are cold-cured in small artisanal batches using natural Japanese persimmon (Kakishibu) extracts, slight natural variations in color, marbling, and scent profile may occur between production batches. While we strive to depict products and packaging on the Website as accurately as possible, we do not warrant that photographic depictions will match the physical item with 100% precision. If a significant discrepancy exists, your sole remedy is to return the item in accordance with our Return Policy.

Health & FDA Disclaimer

The information, research citations, and editorial content provided on this Website are published strictly for educational and cosmetic personal-care informational purposes. Nothing on this Website is intended to constitute medical advice, diagnosis, or treatment. It is not a substitute for professional clinical advice from a licensed physician or dermatologist.

Always consult with your physician or qualified healthcare provider regarding any dermatological condition or before starting any new personal care regimen, particularly if you have sensitive skin, pre-existing skin conditions, are pregnant or nursing, or are under medical care. Discontinue use immediately if irritation or adverse reactions occur.

FDA Statement: The statements made regarding KAKICURA formulations, active persimmon tannins, and related botanicals on this Website have not been evaluated by the U.S. Food and Drug Administration ("FDA"). These products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Intellectual Property Use and Ownership; Trademarks; Copyright

You acknowledge and agree that FORTERA LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and all related specifications, brand identities, logos, illustrations, design systems, clinical syntheses, and editorial materials, including all related copyrights, trademarks, patents, and trade secrets. You do not acquire any ownership rights in or to any intellectual property by accessing the Website or purchasing products.

KAKICURA™ is a trademark owned by FORTERA LLC. All other trademarks, trade names, or logos displayed on the Website are the property of their respective owners. You may not display, reproduce, or use any KAKICURA trademarks without our express prior written permission.

DMCA Copyright Policy: If you believe in good faith that any content on kakicura.com infringes your copyright, please submit a formal notification under the Digital Millennium Copyright Act to our designated agent at support@kakicura.com containing: (i) an electronic or physical signature of the authorized copyright owner; (ii) identification of the copyrighted work claimed to be infringed; (iii) exact URL location of the infringing material; (iv) your contact information (address, telephone, email); (v) a statement of good-faith belief that the use is unauthorized; and (vi) a statement made under penalty of perjury that the notice information is accurate.

Disclaimer of Warranties

Except where prohibited by applicable law or expressly set forth in our 60-Day Dignity Guarantee, our products and services are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permissible under applicable law, KAKICURA expressly disclaims all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

KAKICURA does not warrant that the Website will meet your specific requirements, that access will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranties regarding the results obtained from using the Website or products, or regarding the accuracy or reliability of any information obtained through the Website.

Privacy

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy governs the collection, processing, storage, and sharing of all personal data acquired in connection with your use of the Website and purchase of products.

Communications with KAKICURA

To fulfill your orders and deliver customer service, we collect your contact information. You agree that any contact information you provide (mailing address, shipping address, email, and phone number) is true, accurate, and current. You agree to notify us within 30 days of any change to your contact information by emailing support@kakicura.com.

By voluntarily providing your contact information, you consent to receive communications from us or our authorized logistics partners, including transactional emails, order tracking notifications, and customer service follow-ups. If you opt into SMS communications, you consent to receive recurring automated marketing and informational text messages. Consent is not a condition of purchase. You may opt out of SMS messages at any time by replying STOP, or reply HELP for assistance.

Limitation of Liability

Except where prohibited by applicable law, under no circumstances shall KAKICURA, FORTERA LLC, or their officers, directors, employees, agents, suppliers, or affiliates (collectively, "KAKICURA Parties") be liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of profits, data, goodwill, or business interruption, arising out of or in connection with: (1) the use of or inability to use the Website; (2) products purchased through the Website; or (3) procurement of substitute goods or services, regardless of the legal theory (contract, tort, negligence, or strict liability) and even if advised of the possibility of such damages.

In no event shall the total aggregate liability of the KAKICURA Parties to you for all claims, damages, losses, and causes of action exceed the total amount paid by you to KAKICURA for products purchased through the Website in the six (6) months immediately preceding the event giving rise to liability.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the KAKICURA Parties from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or resulting from your breach of these Terms, your misuse of the Website or products, or your violation of any applicable law or the rights of a third party.

Force Majeure

Neither party shall be liable or deemed in default for any failure or delay in performance under these Terms (except for payment obligations) when such failure or delay arises from causes beyond reasonable control, including: acts of God; flood, fire, earthquake, or natural disaster; war, terrorism, civil unrest, or armed conflict; government orders, sanctions, embargoes, or trade restrictions; national or regional emergencies; labor disputes, strikes, or transportation slowdowns; telecommunications outages; or supplier failures. The impacted party will provide prompt notice and use diligent efforts to resume performance as soon as practicable.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms, the Website, or products purchased hereunder shall be governed by and construed in accordance with the internal laws of the State of Colorado, United States, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

Dispute Resolution and Binding Arbitration

Any claim, dispute, or controversy (whether in contract, tort, statutory, consumer protection, common law, or equitable claims) between you and KAKICURA arising from or relating in any way to your purchase of products through the Website will be resolved exclusively and finally by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and enforceability of this arbitration provision, including any unconscionability challenge. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree to arbitrate solely on an individual basis. Neither you nor KAKICURA will be entitled to join or consolidate claims by or against other customers in court or in arbitration, or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.

Other Important Terms

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment in violation of this section is null and void. No assignment relieves you of your obligations hereunder.

The failure by KAKICURA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.

These Terms, together with our Website Terms of Use, Privacy Policy, Refund Policy, and Shipping Policy, constitute the final, complete, and integrated agreement between you and KAKICURA regarding the subject matter hereof, superseding all prior representations, negotiations, or agreements.

Notices & Contact Information

To You: We may provide notices to you by sending an email to the address provided during checkout or by posting updates to the Website. Notices sent by email are effective upon sending; notices posted to the Website are effective upon posting.

To Us: To provide legal notice to KAKICURA under these Terms, you must contact us in writing at: