Terms & Conditions


Last Modified: May 1, 2025

These Terms of Service (these “Terms”) constitute a legal agreement between you, the user, and Mimikai Inc., a Delaware C Corporation with its principal office in Portland, Oregon (“Mimikai,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at https://www.mimikai.com and related websites (the “Website”), including any content, functionality, and services offered on or through the Website, as well as any other products or services we provide (collectively, the “Services”), whether or not you register as a user.

Please read these Terms carefully, as they include important provisions that affect your legal rights, such as a mandatory arbitration clause and a class action waiver. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, found at https://www.mimikai.com/, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

Eligibility

The Services are intended for users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms. If you do not meet these requirements, you must not use the Services.

By using our Services, you (i) confirm that you have read and understand these Terms, (ii) agree that these Terms have the same effect as a signed agreement, and (iii) accept and agree to be legally bound by them.

Overview of Services

Mimikai manufactures, produces, distributes, and sells personal care and related products. Our Services include, but are not limited to, the ability to view and purchase our products, access related content, and subscribe to receive updates, offers, and event information.

Modifications to These Terms

We reserve the right to update or change these Terms at our sole discretion. We will post any changes to this page, and the revised Terms will be effective either (i) when you use the Services after being informed of the change, or (ii) thirty (30) days after the changes are posted, whichever comes first. Certain changes related to new functionality or legal compliance may become effective immediately. Please review these Terms regularly to stay informed of any updates. Your continued use of the Services after any changes are posted constitutes your acceptance of the revised Terms.

Products and Services

Some products or services may be available exclusively online through our Website. These items may be limited in quantity and are subject to return or exchange per our return policy. We make every effort to display product colors and images accurately, but we cannot guarantee that your device’s display will reflect these colors accurately.

We reserve the right to:

  • Limit the sales of our products or Services by person, geographic region, or jurisdiction.
  • Discontinue or modify any product or service without notice.
  • Correct any errors or inaccuracies related to product descriptions, pricing, availability, or any other content.

If a product is not as described, your sole remedy is to return it in unused condition.

Disclaimers: Health & Information

All information, including recommendations, provided through the Services is intended for educational and informational purposes only and does not constitute medical advice. This information is not a substitute for professional medical consultation, diagnosis, or treatment. Always consult your healthcare provider before using any new product or following any new regimen.

We do not guarantee the accuracy, completeness, or timeliness of the information provided. Your use of the Services is at your own risk, and we assume no liability for any consequences resulting from reliance on the information provided.

Privacy & Personal Data

By using the Services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. If you reside outside the United States, you acknowledge and consent to your data being transferred to and processed in the United States.

Do not submit personal or sensitive information through the Services unless you are comfortable sharing that information publicly or as required for purchase and delivery. You are solely responsible for the information you share, and you assume all risks associated with disclosing that information.

Children’s Privacy

The Services are not intended for children under the age of 13, and we do not knowingly collect information from children. If you provide content related to a minor, do not include personal details such as names or contact information.

International Users

Mimikai operates its Services from the United States. If you access the Services from outside the U.S., you are responsible for compliance with your local laws. You may not access or use the Services from a region subject to U.S. trade embargoes or restrictions.

Third-Party Content

The Services may include links or integrations with third-party sites or content. Mimikai does not control and is not responsible for any third-party content, practices, or services. Use of such content is at your own risk and subject to the terms and privacy policies of those third parties.

You release Mimikai and its officers, directors, employees, and agents from any claims or damages arising from interactions with third parties or other users. We reserve the right, but are not obligated, to intervene in disputes between users or with third parties.

User Accounts

When creating an account, you agree to provide accurate and complete information and to keep your login credentials secure. You are responsible for all activities that occur under your account. Notify us immediately at support@mimikai.com of any unauthorized use or security breach.

We reserve the right to suspend or terminate accounts for violations of these Terms or suspected misconduct.

Service Availability and Changes

Mimikai may add, remove, or modify any part of the Services at any time without notice. We do not guarantee uninterrupted availability of the Services and disclaim all liability for any interruptions or security incidents associated with your internet connection.

Payments

Some of the Services are provided free of charge, while others are provided for a fee. Payments are collected for purchasing products.

All products, including availability and price, are subject to change at any time without notice. Mimikai reserves the right, with or without prior notice, to limit the availability of or discontinue any product; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any service.

If you wish to purchase any product available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.

The Service may use third-party services to facilitate payments. By submitting your information, you grant us the right to provide that information to third parties in accordance with our Privacy Policy.

All Purchases placed on or through the Services are subject to our acceptance. Your receipt of an order confirmation does not signify acceptance of your Purchase. We reserve the right at any time after receipt of your Purchase to accept or decline it for any or no reason. If your method of payment has already been charged and we cancel the order, we will issue a refund. Prices are in U.S. dollars unless otherwise noted. We may require verification of information prior to acceptance and/or fulfillment of any Purchase.

Refer-a-Friend Program

As a Refer-a-Friend member (“Referrer”), you are subject to our Terms of Service and Privacy Policy, along with the following additional terms:

Qualified Referral: A Qualified Referral is defined as a purchase made at www.mimikai.com by a new customer (a “Referred Customer”) who uses the unique referral link provided to them by a Referrer. Only one Qualified Referral counts per Referred Customer.

Referred Customer: The Referrer and Referred Customer must be different individuals. The Referred Customer must be new and have never purchased from Mimikai.

Referral Rewards: A Referrer must refer 3 unique Referred Customers who each complete a purchase to earn rewards. A maximum of 5 Qualified Referrals will count toward rewards.

Group Gifting : By submitting this form, you agree to the following:

  • You consent to being contacted by a member of the Mimikai Customer Experience Team to coordinate and process your group gifting order.
  • You agree to receive email updates regarding group gifting reminders, order status, and occasional promotional messages, including special offers and bulk order deals. You may unsubscribe at any time.

Bulk Order Requirements

  • A minimum of 11 units per product is required for all bulk or group gifting orders.
  • Bulk ordering is intended exclusively for corporate, event, or personal group gifting purposes.
  • Orders suspected to be for resale purposes will not be processed and may be canceled at Mimikai’s discretion.

Mimikai reserves the right to verify the intended use of any bulk or group gifting order and to refuse service in cases of suspected policy violation.

If you have any questions or need assistance, please contact our team at support@mimikai.com.

Eligibility: This program is for individuals only and cannot be used by businesses for affiliate lead generation. Mimikai may deactivate rewards obtained through improper means.

No Spam: You must comply with all applicable “SPAM” laws. Bulk emails or unsolicited messages are prohibited.

Account Closure: Mimikai may close the account(s) of any Referrer or Referred Customer or Group Gifting who violates these terms or applicable laws and may require repayment of rewards.

Program Changes: Mimikai may cancel or change the programs at any time without prior notice. Unclaimed rewards will be forfeited.

Returns

Due to health and safety considerations, we cannot accept returns. If you're not satisfied with your order, please contact us at support@mimikai.com, and we’ll do our best to accommodate reasonable requests. Any refunds or exchanges are at Mimikai’s sole discretion.

Licenses Granted

Mimikai grants you a revocable, non-transferable, nonexclusive, limited license to use the Services in accordance with these Terms. All rights not expressly granted are reserved.

User Content

Mimikai may allow you to submit or post content. By doing so, you grant Mimikai a worldwide, irrevocable, royalty-free license to use, publish, display, reproduce, modify, and distribute your content for any purpose related to its business.

You are solely responsible for the content you post. Mimikai disclaims responsibility for the accuracy or legality of User Content. Mimikai may remove content at its sole discretion without notice and will remove infringing content if properly notified. Users who repeatedly infringe may have their accounts terminated.

User Submissions

We do not accept unsolicited ideas or feedback. Any suggestions, feedback, or other materials you submit will be treated as non-confidential and non-proprietary. You grant Mimikai full ownership and rights to use such materials without compensation.

You agree not to submit content that includes viruses, commercial solicitations, or false/misleading information. You agree to indemnify Mimikai from claims related to your submissions.

User Conduct & Community Guidelines

By using our Services, you agree:

  • To comply with all applicable laws and use the Services only for lawful, personal purposes.
  • Not to impersonate others or use false information.
  • Not to post content that infringes intellectual property or is offensive, unlawful, or harmful.
  • Not to reverse engineer, hack, or attempt unauthorized access.
  • Not to send spam or unsolicited messages.
  • Not to upload malware or conduct activities that harm or interfere with the Services.
  • To notify us of content that violates these Terms.

Mimikai reserves the right to remove content or suspend accounts for violations at its sole discretion.

Content Moderation Rights

We reserve the right to:
(i) remove or refuse to post any User Content at our sole discretion;
(ii) take any action we deem necessary or appropriate with respect to any User Content, including if we believe it violates these Terms, infringes on any intellectual property or other rights, threatens user or public safety, or could create liability for Mimikai;
(iii) disclose your identity or other relevant information to any third party claiming that material posted by you violates their rights, including intellectual property or privacy rights;
(iv) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services; and
(v) terminate or suspend your access to the Services at any time and for any reason.

YOU WAIVE AND HOLD HARMLESS MIMIKAI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ACTIONS TAKEN AS A RESULT OF THOSE INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for the performance or nonperformance of any such actions.

Proprietary Rights

All content and materials on the Services—past, present, and future—including but not limited to software, hardware, interfaces, text, graphics, articles, images, illustrations, design elements, and trademarks, service marks, or logos (collectively, "Materials") are the property of Mimikai, its licensors, or content providers, and are protected by U.S. and international intellectual property laws.

You may not use any Materials without express authorization. These Terms do not grant you ownership of any content or intellectual property on the Services. No right, title, or interest in the Services or any content is transferred to you, and all rights are reserved by Mimikai.

Mimikai is not responsible for protecting or advising you on your own intellectual property rights.

Claims of Copyright Infringement

If you believe your copyrighted work has been infringed, please notify us at:

Mimikai Inc.
3519 NE 15th Avenue, #292 Portland OR 97212
Phone: 800 246 1773
Email: support@mimikai.com

Your DMCA Notice must comply with 17 U.S.C. § 512(c)(3) and include:

  • Your full name and signature
  • Contact information
  • Statement of ownership and good faith belief
  • Description and location of the allegedly infringing material

Knowingly making false claims may subject you to liability under Section 512(f) of the DMCA.

If your material was removed and you believe it was a mistake, you may send a Counter Notice, which must include:

  • Your signature
  • Identification of removed content and its previous location
  • Your contact info
  • A statement of good faith belief and consent to jurisdiction

We may restore the content if no legal action is initiated within 10 business days after we receive your Counter Notice.

Electronic Communications Consent

You agree to receive communications, including legal notices, electronically from Mimikai at any email address you provide to us.

Term and Termination

These Terms remain in effect until terminated by you or Mimikai. We may terminate or suspend your access to the Services at any time, with or without notice. We may also delete your data, and any surviving provisions (e.g., indemnification, arbitration) will continue in effect after termination.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. MIMIKAI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

This disclaimer may not apply where prohibited by law.

Limitation of Liability

Mimikai and its affiliates will not be liable for any indirect, incidental, consequential, or punitive damages, even if foreseeable, arising from your use of the Services. Total liability will not exceed $100.

Accuracy of Information

We do not guarantee that content on the Services is accurate or current. Any reliance on such content is at your own risk.

Indemnification

You agree to indemnify and hold harmless Mimikai and its affiliates from all claims, losses, damages, liabilities, and expenses arising from your use of the Services or violation of these Terms.

Time Limit to File Claims

Any claim must be brought within one (1) year of accrual, or it is permanently barred.

Governing Law

These Terms are governed by the laws of the State of New York and U.S. federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Arbitration

Disputes will be resolved through binding individual arbitration under the American Arbitration Association’s rules. You waive your right to a jury trial or to participate in class actions. Arbitration costs may be covered if they would otherwise be prohibitive. If arbitration is unavailable, disputes will be resolved in the state or federal courts located in New York, New York.

Severability

If any provision of these Terms is invalid, the remainder will remain in effect.

General

You may not assign these Terms without Mimikai’s written consent. Mimikai may assign them freely. These Terms do not create any agency or partnership. Our failure to enforce any provision is not a waiver.

Contact

If you have questions, email us at: support@mimikai.com