Terms and Conditions for K-Pup LLC

Last Updated: [Date - e.g., April 5, 2025]

Welcome to K-Pup LLC ("we," "us," or "our"). By accessing or using our website www.kpup.us (the "Site") or purchasing our products and services, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully.

1. Acceptance of Terms

By accessing the Site, creating an account, purchasing products, or subscribing to our services, you agree to these Terms and our Privacy Statement, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Site or services.  

2. Products and Services

We offer Korean-inspired dog treats for sale online and locally within the Denver, Colorado area. Please note that our dog treats are manufactured in a home kitchen.

3. Subscriptions

  • Subscription Service: We offer a subscription service for our dog treats. By subscribing, you agree to receive recurring shipments of our products at the intervals you select.

  • Automatic Renewal: Your subscription will automatically renew at the end of each subscription period unless you cancel it in accordance with these Terms.  

  • Cancellation Policy: You may cancel your subscription at any time. To avoid being charged for the next shipment, you must cancel at least thirty (30) days prior to your next scheduled delivery date. You can manage your subscription through your account on our Site or by contacting us directly.

  • Cancellation Due to Pet's Passing: If your pet passes away and you forget to cancel your subscription before the 30-day cancellation window, please contact us as soon as possible. On a case-by-case basis, we may offer a refund for the most recent shipment, with the understanding that you will donate the treats to another dog in need. This decision is at our sole discretion.

4. Orders and Local Delivery

  • Order Placement: By placing an order through our Site, you are making an offer to purchase our products. For delivery during the first week of the following month, orders must be placed by the 15th of the current month. We reserve the right to accept or reject your order for any reason.

  • Local Delivery Only: We currently only offer delivery within the Denver, Colorado metropolitan area. Please ensure your delivery address is within our service area before placing an order.

  • Delivery Schedule: For subscription orders, delivery will typically occur during the first week of each month. For individual orders placed by the 15th of the current month, delivery is expected to occur during the first week of the following month. Orders placed after the 15th may be delivered in the subsequent month's delivery cycle. We are not responsible for delays outside of our reasonable control.

  • No Returns: Due to the perishable nature of our products, we do not accept returns. If you have any issues with your order, please contact us, and we will do our best to address your concerns on a case-by-case basis.  

5. Payment

  • Payment Processing: We use Square as our payment processor. By placing an order, you agree to Square's terms and conditions and authorize us to charge your chosen payment method through Square for the total amount of your order, including any applicable taxes and delivery fees.

  • Subscription Billing: For subscriptions, you authorize us to automatically charge your payment method through Square at the beginning of each subscription period.

  • Pricing: All prices are listed in U.S. dollars and are subject to change without notice.

6. Referral and Reward Program

We may offer a referral and reward program for our customers. The terms and conditions of such programs will be made available on our Site. We reserve the right to modify, suspend, or discontinue any referral or reward program at any time, with or without notice, and any earned rewards may be subject to change or cancellation at our sole discretion.

7. Promotions

We may offer various promotions and discounts on our products and services. Unless explicitly stated otherwise, promotions cannot be combined with any other offers. Promotions are subject to availability and may be modified or discontinued at any time without notice. Promotions must be used lawfully and for their intended purpose. Any misuse or fraudulent use of promotions may result in their cancellation.

8. User Contributions

  • Content Submission: Our Site may allow users to submit content, such as photographs of their dogs enjoying our treats ("User Contributions"). By submitting User Contributions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media.  

  • Responsibility for Content: You are solely responsible for your User Contributions and represent and warrant that you have all necessary rights to grant the licenses described in this section, and that your User Contributions do not violate any third-party rights or applicable laws.  

  • Our Right to Remove: We reserve the right, but not the obligation, to monitor, edit, or remove any User Contributions that we deem, in our sole discretion, to be inappropriate, offensive, or in violation of these Terms.  

9. Disclaimer and Limited Liability

  • No Medical Advice: The information provided on our Site and in our products is for general informational purposes only and does not constitute medical or veterinary advice. Always consult with your veterinarian for any health concerns or before making any changes to your dog's diet.

  • Allergens: Our products may contain or come into contact with allergens. Please carefully review the ingredient list for each product before feeding it to your dog, especially if your dog has any known allergies or sensitivities. We are not responsible for any allergic reactions your dog may have.

  • Limitation of Liability: To the fullest extent permitted by applicable law, K-Pup LLC, its affiliates, officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the Site or our products and services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed of the possibility of such damage. Our total liability to you for all claims arising out of or relating to these Terms or your use of the Site or our products and services shall not exceed the total amount paid by you to us for the products or services in the twelve (12) months preceding the event giving rise to the liability.  

10. Indemnification

You agree to indemnify, defend, and hold harmless K-Pup LLC, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Site or our products and services; (b) your User Contributions; (c) your breach of these Terms; or (d) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.  

11. Dispute Resolution

  • Informal Resolution: Before initiating any formal legal proceeding, you agree to first contact us directly and attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the relationship between us informally by sending a written notice to info@kpup.us. We will also attempt to resolve disputes informally by contacting you via email. If a dispute is not resolved within thirty (30) days after the initial notice, then the procedures in the Agreement to Arbitrate section below shall apply.

12. Agreement to Arbitrate and Waiver of Class, Representative, and Collective Actions

Please read this section carefully. It affects your legal rights.

  • Agreement to Arbitrate: You and K-Pup LLC agree that any and all disputes, claims, or controversies arising out of or relating in any way to these Terms, your use of the Site, or the purchase or use of our products or services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the effective date of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be conducted by a reputable arbitration provider chosen by us, in accordance with its applicable rules and procedures. The arbitration shall take place in Denver, Colorado, unless otherwise agreed upon by both parties.  

  • Waiver of Class, Representative, and Collective Actions: You and K-Pup LLC agree that each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, representative, or collective proceeding. Unless both you and K-Pup LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

  • Exceptions to Arbitration: Notwithstanding the agreement to arbitrate above, you and K-Pup LLC each retain the right to (a) bring an individual action in small claims court; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) file a complaint with the applicable governmental agencies.  

  • Opt-Out: You have the right to opt out of this agreement to arbitrate within thirty (30) days from the date you first accept these Terms by sending a written notice of your decision to opt out to info@kpup.us, clearly stating your name, address, and intent to opt out of this arbitration agreement. If you opt out, you will not be subject to this arbitration agreement.

13. Governing Law

These Terms and your use of the Site and our services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.  

14. Entire Agreement  

These Terms, together with our Privacy Statement, constitute the entire agreement between you and K-Pup LLC with respect to your use of the Site and our products and services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.  

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.  

16. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  

17. Contact Us

K-Pup LLC

PO Box 11353, Denver, CO 80211

info@kpup.us