Terms of service
Otishi, LLC Terms of Use Agreement
Effective on February 20, 2025
1. INTRODUCTION
Welcome to Otishi. In this Agreement, the terms “Otishi,” “us,” “we,” “the Company,” and
“our” refer to Otishi, LLC, including its subsidiaries and affiliates, as applicable.
By accessing or using our services on Otishi.com (the “Website”) or any other
platforms or services that Otishi may offer (collectively, the “Service” or our
“Services”), you agree to be bound by these Terms of Use (the “Terms” or
“Agreement”). This Agreement applies to all individuals accessing or using our
Services.
Your use of our Services is also subject to our Privacy Policy and any other terms
disclosed and agreed to by you when you purchase products or services from us, which
are incorporated into this Agreement by reference. If you do not wish to be bound by
this Agreement, do not use our Services.
We may modify, amend, or change the Terms at any time. Notice of any material
changes will be posted on this page with an updated effective date. In certain
circumstances, we may notify you of changes via email or other means as deemed
appropriate; however, you agree to regularly check this page for notices of changes.
We acknowledge that future changes will not be retroactive without your consent. Your
continued use of our Services following any changes constitutes your acceptance of
the updated Terms, and you will be legally bound by them. Should you disagree with
any changes, you must cease using our Services.
Our online store is hosted by Shopify, Inc.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
By using our Services, you represent and warrant that:
You are at least 13 years of age;
You are not prohibited by law from using our Services; and
You have not previously been removed from our Services by us, unless you
have obtained our express written permission to create a new account.
You agree to:
Comply with these Terms, and periodically review this page for any changes;
Adhere to all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, and regulatory requirements;
Treat other users with courtesy and respect, both on and off our Services;
Communicate respectfully with our customer care representatives and other
employees;
Maintain a strong password and take reasonable measures to protect the security of
your login information; and
Use the Services only for their intended purposes.
You agree that you will not:
Violate these Terms;
Use the Services in a manner that damages them or prevents their use by
others;
Engage in any harmful, illegal, or nefarious activities;
Harass, bully, stalk, intimidate, assault, defame, harm or mistreat any person;
Post or share prohibited content as detailed in Section 3(a);
Disclose private or proprietary information without the right to do so; or
Encourage, promote, or participate in any activity that violates these Terms.
If at any time you no longer meet these requirements, you must immediately delete your
account.
3. CONTENT
While using our Services, you may access: (i) content that you upload or provide
(“Your Content”); (ii) content uploaded or provided by other users (“Customer
Content”); and (iii) content provided by Otishi (“Our Content”).
In this Agreement, “content” includes, without limitation, all text, images, video, audio,
and other material on our Services, including user profile information and direct
messages between users.
(a) YOUR CONTENT
You are solely responsible for Your Content and agree to indemnify, defend, release,
and hold us harmless from any claims related to Your Content.
Otishi prohibits the uploading or sharing of content that:
Is likely to be deemed offensive or to harass, upset, embarrass, alarm, or annoy any
person;
Is obscene, pornographic, violent, or otherwise offensive to human dignity, or
contains nudity;
Is abusive, insulting or threatening, discriminatory, or promotes or encourages
racism, sexism, hatred, or bigotry;
Encourages or facilitates illegal activity including, without limitation, terrorism or
inciting racial hatred, or the submission of which in itself constitutes committing a
criminal offense;
Is defamatory, libelous, or false;
Includes the image or likeness of another person without their consent, or in the case
of a minor, without the minor’s parent or guardian’s consent;
Is inconsistent with the intended use of the Services; or
May harm Otishi’s reputation.
The uploading or sharing of content that violates these terms may result in immediate
suspension or termination of your account.
(b) CUSTOMER CONTENT
Customer Content belongs to the user who posted it and is stored on our servers as
directed by that user. You do not have any rights to Customer Content, and you may
only use it in accordance with our Services’ purpose of purchasing and writing customer
reviews about our products. You may not copy the Customer Content or use it for
commercial purposes, to spam, harass, or make unlawful threats. We reserve the right
to terminate your account if you misuse Customer Content.
(c) OUR CONTENT
All text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images,
and other intellectual property on our Services are owned, controlled, or licensed by us
and protected by copyright, trademark, and other intellectual property laws. All rights,
title, and interest in Our Content remain with us at all times. We grant you a limited
license to access and use Our Content as specified below, and we reserve all other
rights.
4. RIGHTS GRANTED BY OTISHI
Subject to your compliance with these Terms, Otishi grants you a personal, worldwide,
royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license
to access and use our Services for their intended purposes as permitted by these Terms
and applicable laws.
5. RIGHTS YOU GRANT OTISHI
By creating an account, you grant Otishi a worldwide, perpetual, transferable, sub-
licensable, royalty-free right and license to host, store, use, copy, display, reproduce,
adapt, edit, publish, translate, modify, and distribute Your Content, including any
information you authorize us to access from third-party sources (if applicable), in whole
or in part, and in any format or medium now known or developed in the future. Otishi’s
license to Your Content is non-exclusive.
By submitting suggestions, reviews, or feedback to Otishi regarding our Services,
you agree that Otishi may use and share such feedback for any purpose without
compensation.
You agree that Otishi may access, preserve, and disclose your account information,
including Your Content, if required to do so by law or upon a good faith belief that such
access, preservation, or disclosure is reasonably necessary to: (i) comply with legal
process; (ii) enforce these Terms; (iii) respond to claims that any content violates third
party rights; (iv) respond to your customer service requests; or (v) protect the rights,
property, or safety of the Otishi or any other person.
6. PURCHASES
Otishi offers products and services for purchase via credit card or other payment
processors directly in the Service (“Purchases”). Payment will be charged to your
chosen payment method upon confirmation of purchase. Any language or terms
disclosed at the time of purchasing are incorporated into this Agreement; in the event
of a discrepancy, the terms disclosed at time of purchase will supersede this
Agreement. Otishi reserves the right to refuse to fulfill any Purchase at any time. If we
make changes to or cancel a Purchase, we will attempt to notify using the e‑mail and/or
billing address/phone number provided at the time of purchase.
By making a Purchase, you agree to pay the displayed prices for the selected Services
or products, along with any sales or similar taxes that may apply. You authorize Otishi to
charge your provided payment method (your “Payment Method”). We may correct any
billing errors, even if payment has already been requested or received. If you initiate a
chargeback or reverse a payment made with your Payment Method, we may terminate
your account at our discretion. If your chargeback or payment reversal is overturned,
please contact Customer Care.
You may edit your Payment Method information using the Settings tool. If a payment is
not successfully processed due to expiration, insufficient funds, or reasons, we reserve
the right to cancel your Purchase and refund any amounts previously received.
Additionally, you authorize us to obtain updated or replacement expiration dates and
card numbers for your credit or debit card as provided by your card issuer. The terms
of your payment will be based on your Payment Method and may be governed by
agreements between you and your financial institution, credit card issuer, or other
provider.
7. TERMINATION
Otishi reserves the right to investigate and, if appropriate, (i) terminate your account
without a refund if you violate these Terms, misuse our Services, or engage in
behvaior deemed inappropriate or unlawful, on or off our Services; or (ii) terminate your
account with a refund for any Purchases in progress if we terminate your account
without cause.
8. ELECTRONIC COMMUNICATIONS
When you use our Services or send e-mails to us, you are communicating with us
electronically, and you consent to receive communications from us electronically. We will
communicate with you by e-mail and/or by posting notices on the Websites. You agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically satisfy any legal requirement that such communications be in writing.
By consenting to Otishi’s SMS/text messaging service, you agree to receive recurring
SMS/text messages from and on behalf of Otishi through your wireless provider to the
mobile number you provided, even if it is registered on any state or federal Do Not Call
list. Text messages may be sent using an automatic telephone dialing system or other
technology. Service-related messages may include updates, alerts, and information (e.g.,
order updates, account alerts, requests for reviews). Promotional messages may include
promotions, specials, sales, product launches, cart reminders, retail events, and other
marketing offers.
9. DISCLAIMER
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, OTISHI PROVIDES
OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH
RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN),
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. OTISHI DOES NOT WARRANT THAT (A) OUR
SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) ANY CONTENT OR
INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE
ACCURATE.
OTISHI ASSUMES NO RESPONSIBILITY FOR ANY CONTENT POSTED BY YOU OR
ANY OTHER USER OR THIRD PARTY THROUGH OUR SERVICES NOR DOES
OTISHI ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS,
LEGITIMACY, OR VERACITY OF ANY USERS OR STATEMENTS MADE BY USERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. OTISHI
IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE,
SOFTWARE, OR OTHER EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
DAMAGE ARISING FROM SECURITY BREACHES OR VIRUSES, BUGS,
TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR
ANY OTHER TECHNICAL MALFUNCTION.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any Customer Content or Our Content infringes upon your intellectual
property rights, please submit a notification alleging such infringement (“DMCA
Takedown Notice”) including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or a
representative list if multiple works are covered by a single notification;
3. Identification of the material claimed to be infringing and sufficient information to
permit the service provider to locate the material;
4. Your contact information, such as address, telephone number, and, if available, e-
mail;
5. A statement that you have a good faith belief that the use of the material in the
manner complained of is not authorized; and
6. A statement, under penalty of perjury, that the information in the notification is
accurate and you are authorized to act on behalf of the copyright owner.
DMCA Takedown Notices should be sent to support@wearotishi.com.
Otishi will terminate the accounts of repeat infringers.
11. THIRD-PARTY CONTENT/LINKS
Our Services may contain links to external websites or resources, including social media
and Shopify. Otishi is not responsible for the availability of any external websites or
resources or their content. Furthermore, Otishi does not endorse any products or
services offered by third-party websites or resources. If you choose to interact with third
parties available through our Services, their terms will govern that relationship. Otishi is
not responsible or liable for the terms or actions of such third parties.
12. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
OTISHI, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON,
THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED
ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF OTISHI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OTISHI’S
AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES
EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO OTISHI FOR THE SERVICES
WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS IN THIS SECTION SHALL APPLY
EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO
THEIR ESSENTIAL PURPOSE.
13. DISPUTE RESOLUTION
If you are dissatisfied with our Services for any reason, please contact Otishi
Customer Service first so that we can attempt to resolve your concerns without
external assistance.
14. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
The exclusive means of resolving any dispute or claim arising out of or related to this
Agreement (including any alleged breach) or our Services shall be binding arbitration
administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures,
except as modified by our Arbitration Procedures. The sole exception to this arbitration
exclusivity is that either party may bring an individual claim against the other in a small
claims court of competent jurisdiction, or if filed in arbitration, the responding party may
request that the dispute proceed in small claims court if the claim is within the court's
jurisdiction. By using our Services, you agree to this arbitration agreement. In doing
so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims
between you and Otishi (except for matters that may be taken to small-claims
court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR
OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL
ARBITRATOR, NOT A JUDGE OR JURY, who shall determine all issues regarding
the arbitrability of the dispute.
15. GOVERNING LAW
Except where our arbitration agreement is prohibited by law, the laws of Utah, U.S.A.,
excluding its conflict of laws rules, will govern any disputes arising out of or related to
this Agreement or our Services. The arbitration agreement above shall be governed by
the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing
law shall not supersede any mandatory consumer protection legislation in such
jurisdictions.
16. VENUE
Except for claims that may be properly brought in a small claims court of competent
jurisdiction in the county or other jurisdiction in which you reside or in Salt Lake County,
Utah, all claims arising out of or related to this Agreement, our Services, or your
relationship with Otishi that are not submitted to arbitration will be litigated exclusively in
the federal or state courts of Salt Lake County, Utah, U.S.A. You and Otishi consent to
the personal jurisdiction of these courts and waive any claim that such courts constitute
an inconvenient forum.
17. ENTIRE AGREEMENT
These Terms, along with the Privacy Policy, Cookie Policy, and any additional terms
you agree to in the Service, constitute the entire agreement between you and Otishi
regarding the use of our Services. These Terms supersede all prior agreements,
representations, and arrangements, whether written or oral. If any provision of these
Terms is held to be invalid, illegal, or otherwise unenforceable, the remaining
provisions shall continue in full force and effect. The failure of the Company to exercise
or enforce any right or provision of these Terms does not constitute a waiver of such
right or provision. You agree that your Otishi account is non-transferable, and all rights
to your account and its content terminate upon your death, unless otherwise provided
by law. Any rights and licenses granted hereunder may not be transferred or assigned
by you, but may be assigned by us without restriction. No agency, partnership, joint
venture, fiduciary, or other special relationship or employment is created as a result of
these Terms, and you may not make any representations on behalf of or bind Otishi in
any manner.
18. CONTACT
Please contact support@wearotishi.com with any questions, concerns, or feedback.