Terms of service
Last Updated: September 7, 2026 Effective Date: September 7, 2026
OVERVIEW
Welcome to Dosies. Dosies is a brand owned and operated by KGG Professional Services LLC, a California limited liability company. The terms "we," "us," "our," and "Dosies" refer to KGG Professional Services LLC. Dosies operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Dosies is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 24, WHICH AFFECT YOUR LEGAL RIGHTS AND LIMIT HOW YOU CAN SEEK RELIEF. THEY ALSO CONTAIN IMPORTANT HEALTH AND SAFETY INFORMATION IN SECTION 3 REGARDING OUR DIETARY SUPPLEMENT PRODUCTS, AND WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN SECTIONS 21 AND 22.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — DIETARY SUPPLEMENTS: HEALTH AND SAFETY
3.1 Not evaluated by the FDA. Our products are dietary supplements. Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
3.2 Not medical advice. All content on the Services — including product descriptions, blog posts, ingredient information, customer reviews, testimonials, and any communications from us — is provided for general informational purposes only and is not medical, nutritional, or healthcare advice. It is not a substitute for consultation with a qualified healthcare provider. Never disregard or delay seeking professional medical advice because of something you read on the Services.
3.3 Consult a physician before use. You should consult a licensed physician or qualified healthcare provider before using any of our products, particularly if you: are pregnant, may become pregnant, or are nursing; are taking any prescription or over-the-counter medication; have or suspect you have any medical condition; are scheduled for surgery; or have any known or suspected allergy or sensitivity to any ingredient.
3.4 Age restriction. Our products are intended for use only by adults 18 years of age or older. By placing an order, you represent and warrant that you are at least 18 years old. We do not knowingly sell products to minors. Certain states restrict the sale of some categories of dietary supplements to individuals under 18, and we reserve the right to decline or cancel any order on that basis.
3.5 Your responsibility to review ingredients. Full ingredient and Supplement Facts information is provided on each product page and on the product label. You are solely responsible for reviewing this information before purchase and before use, and for determining whether a product is appropriate for you given your health status, allergies, dietary restrictions, and medications.
3.6 Discontinue use and seek care. Discontinue use immediately and seek medical attention if you experience any adverse reaction. Please also report any adverse reaction to us at support@getdosies.com so that we can fulfill our reporting obligations under applicable law. You may also report adverse events directly to the U.S. Food and Drug Administration through MedWatch at 1-800-FDA-1088 or www.fda.gov/safety/medwatch.
3.7 Individual results vary. Any results described on the Services, including in customer reviews and testimonials, reflect individual experiences and are not representative of what any particular person should expect. Results depend on many factors including diet, exercise, genetics, and consistency of use. We make no representation that you will experience any particular result.
3.8 Assumption of risk. To the fullest extent permitted by law, you knowingly and voluntarily assume all risks associated with the purchase and use of our products, including the risk of adverse reaction. This provision does not limit any liability that may not be limited under applicable law, including liability for personal injury caused by our fraud, willful injury, or violation of law.
3.9 Athletes and drug testing. If you are subject to drug testing by any athletic, professional, collegiate, or military organization, you are solely responsible for confirming that our products are permitted under the applicable rules. We make no representation regarding compliance with the rules of any such organization.
SECTION 4 — ORDERS
When you place an order, you are making an offer to purchase. Dosies reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dosies confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Dosies may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 5 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling charges.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide 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 payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 6 — SUBSCRIPTIONS AND AUTOMATIC RENEWAL
6.1 If you enroll in a subscription, recurring delivery, or "subscribe and save" plan (a "Subscription"), you authorize us to charge your designated payment method on a recurring basis at the interval and price disclosed to you at the time of enrollment, until you cancel. Your Subscription will renew automatically at the end of each billing period.
6.2 Terms disclosed at enrollment. Before you enroll, we will clearly and conspicuously disclose: the products included; the recurring charge amount; the billing and delivery frequency; the date of your first charge and, if applicable, the date any introductory, trial, or promotional price ends and the standard price begins; the minimum commitment, if any; and how to cancel. You must affirmatively consent to these terms as a separate step before you are enrolled.
6.3 Confirmation. After enrollment we will send you an acknowledgment email containing the Subscription terms, the cancellation policy, and instructions for cancelling.
6.4 Reminders. We will send you a reminder before each renewal charge, and in all events at least once per year, stating the renewal frequency, the amount to be charged, and clear instructions for cancelling.
6.5 Price changes. We will notify you at least seven (7) days and not more than thirty (30) days before any change to your Subscription price or billing frequency takes effect.
6.6 How to cancel. You may cancel your Subscription at any time, for any reason, without speaking to a representative and without completing any retention offer, by: (a) logging into your customer account and selecting "Cancel Subscription"; (b) clicking the cancellation link in any Subscription email we send you; or (c) emailing support@getdosies.com. Because you enrolled online, you may cancel entirely online. Cancellation is effective for all future billing periods. To avoid being charged for an upcoming shipment, please cancel at least twenty-four (24) hours before your next scheduled billing date.
6.7 Refunds on cancellation. Charges already processed for orders that have shipped are governed by our Return and Refund Policy.
SECTION 7 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 8 — SHIPPING RESTRICTIONS
We currently ship only to addresses within the fifty United States and the District of Columbia. We do not ship internationally, and we do not ship to freight forwarders or to APO/FPO addresses. We reserve the right to decline or cancel any order to any jurisdiction where the sale or use of the product is restricted.
SECTION 9 — MANUFACTURING AND FULFILLMENT
Our products are manufactured, packaged, and fulfilled by third-party contract manufacturers and fulfillment providers on our behalf. Dosies remains the seller of record and your contract of sale is with Dosies alone. All questions, claims, and requests relating to your order should be directed to Dosies at support@getdosies.com and not to any third-party manufacturer or fulfillment provider.
Our products are manufactured in facilities that also process other products, which may include common allergens. Please review the product label for the applicable allergen statement.
SECTION 10 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Dosies, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Dosies, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Dosies.
Dosies's names, logos, product and service names, designs, and slogans are trademarks of Dosies or its affiliates or licensors. You must not use such trademarks without the prior written permission of Dosies. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 11 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 12 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 13 — RELATIONSHIP WITH SHOPIFY
Dosies is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dosies. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dosies, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dosies.
SECTION 14 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 15 — ELECTRONIC AND SMS COMMUNICATIONS
15.1 Consent to electronic communications. You consent to receive communications from us electronically, including by email and by notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
15.2 SMS program. If you provide your mobile number and opt in, you expressly consent to receive recurring automated marketing and transactional text messages from Dosies at that number, including messages sent using an automatic telephone dialing system. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for help. Carriers are not liable for delayed or undelivered messages. See our SMS Terms and Privacy Policy for details.
15.3 Email. You may opt out of marketing emails at any time using the unsubscribe link in any marketing message. You will continue to receive transactional messages relating to your orders and Subscriptions.
SECTION 16 — FEEDBACK AND REVIEWS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
Reviews and testimonials. You represent and warrant that any review or testimonial you submit reflects your honest, actual experience with a product you have used; that you have clearly disclosed any material connection to Dosies, including any free product, discount, payment, or other incentive received in connection with your review; and that you are not an employee, agent, or affiliate of Dosies or of a competitor writing under a false identity. We do not suppress, edit, or refuse to publish reviews on the basis of their rating or sentiment. We may remove content that makes claims that a product diagnoses, treats, cures, or prevents any disease, or that otherwise violates these Terms or applicable law.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; and (ii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 17 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 18 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Dosies, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services, except as expressly permitted under Section 19 (Agents); or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 19 — AGENTS
19.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
19.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 19.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
19.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
19.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 20 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Access and Account; Our Products; Dietary Supplements: Health and Safety; Manufacturing and Fulfillment; Intellectual Property; Feedback and Reviews; Prohibited Uses; Agents; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute Resolution; Governing Law; Severability; Waiver; Entire Agreement; Assignment; Privacy Policy; and any other provisions that by their nature should survive termination.
SECTION 21 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY DOSIES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Consumer rights preserved. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions may not apply to you. Nothing in these Terms is intended to limit or exclude any non-waivable statutory right you may have as a consumer, including under the California Song-Beverly Consumer Warranty Act. To the extent an implied warranty cannot be disclaimed, it is limited in duration to the shorter of thirty (30) days from delivery or the product's expiration or "best by" date.
SECTION 22 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DOSIES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, WILLFUL INJURY, OR VIOLATION OF LAW.
SECTION 23 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dosies, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 24 — DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DOSIES INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF. IT AFFECTS YOUR LEGAL RIGHTS.
24.1 Informal resolution first. Before initiating arbitration, you agree to first contact us at support@getdosies.com with a written description of the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally. This is a condition precedent to arbitration.
24.2 Agreement to arbitrate. If the dispute is not resolved, you and Dosies agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any product, or any advertising or marketing (a "Dispute") shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
24.3 CLASS ACTION WAIVER. YOU AND DOSIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND DOSIES WAIVE ANY RIGHT TO A JURY TRIAL.
24.4 Small claims carve-out. Either party may bring an individual claim in small claims court in the county of your residence, provided the claim remains individual and in that court.
24.5 Injunctive relief carve-out. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights.
24.6 Your right to opt out. You may opt out of this arbitration agreement by sending written notice to support@getdosies.com with the subject line "Arbitration Opt-Out," within thirty (30) days of your first purchase or your first acceptance of these Terms, whichever is earlier. Your notice must include your name, email address, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms or your relationship with us.
24.7 Coordinated filings. If twenty-five (25) or more similar demands for arbitration are filed against Dosies by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the demands shall be administered in sequential batches of no more than fifty (50). The parties shall select a limited number of bellwether cases from each batch to be arbitrated first, and shall mediate the remaining cases in that batch before proceeding. Filing fees for cases in later batches shall not be due until their batch is reached. Any applicable statute of limitations shall be tolled for all cases in the batching queue.
24.8 Fees and procedure. Payment of arbitration fees is governed by the administrator's consumer arbitration rules. For claims under ten thousand dollars ($10,000), the arbitration may be conducted on the papers or by videoconference at your election.
24.9 Severability. If Section 24.3 (Class Action Waiver) is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and litigated in the courts identified in Section 25, and the remainder of this Section 24 shall remain in full force and effect. If Section 24.7 is found unenforceable, it shall be severed and the remainder of this Section shall remain in effect.
SECTION 25 — GOVERNING LAW
These Terms of Service and any dispute arising out of or relating to them, the Services, or any product, whether in contract, tort, or otherwise, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 24 (Dispute Resolution), you and Dosies agree that any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of, and venue in, those courts.
Nothing in this Section deprives you of the protection of any mandatory consumer-protection provision of the law of the state in which you reside.
SECTION 26 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 27 — WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 28 — ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 29 — FORCE MAJEURE
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor shortages, supply chain disruptions, manufacturing or ingredient shortages, carrier delays, utility failures, or failures of telecommunications or internet service.
SECTION 30 — NO THIRD-PARTY BENEFICIARIES
These Terms do not confer any rights or remedies upon any person other than you and Dosies, except that Shopify is an intended third-party beneficiary of Sections 13, 22, and 23.
SECTION 31 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 32 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 33 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@getdosies.com.
Dosies is a brand of KGG Professional Services LLC, a California limited liability company.
Email: support@getdosies.com