Tenkara Terms and Conditions

Last Updated: September 16th, 2024
1. Introduction

Welcome to Tenkara, LLC ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Tenkara's website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our services.

2. Definitions

- "Service" refers to Tenkara's website, platform, and all related services.
- "User," "you," and "your" refer to you, as the user of the Service.
- "Client" refers to startups and enterprises using our Service.
- "Product" refers to physical goods curated, designed, or brokered through our platform.

3. Service Description

Tenkara curates and designs physical products and brokers them on our platform. We provide supply chain optimization and product development services for startups and enterprises.

4. User Registration

4.1 To use our Service, you must register through tenkara.com. 

4.2. During registration, you will be asked to provide information about your product creation needs and other details necessary to scope out your project.

4.3. You must provide accurate, current, and complete information during the registration process and keep your account information updated.

4.4. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.

5. Free Trials

5.1. We may offer free trials on occasion, though this is not our standard policy.

5.2. Free trials, when offered, typically consist of a one-line fee credit.

5.3. We reserve the right to modify or terminate free trials at our discretion without prior notice.

6. Pricing and Payment

6.1. Our pricing model consists of a cost plus 10% fee on inventory and an annual managed fee per product line.

6.2. The annual fee is [Insert details about the annual fee structure].

6.3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

6.4. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service.

7. Refunds and Cancellations

7.1. No work is commissioned prior to engagement.

7.2. Product order cancellations are subject to subvendor approval.

7.3. Tenkara will advocate for the client in the event of a cancellation request. However, if we are unable to secure a refund from the subvendor, no refund will be provided to the client.

7.4. We reserve the right to refuse any refund request that we believe to be fraudulent, unreasonable, or in violation of these Terms.

8. Intellectual Property Rights

8.1. Tenkara retains ownership of all data, supply chain information, its own assets, and research generated through the use of our Service.

8.2. Clients retain original ownership of their brand, products, and inventory purchased through our Service.

8.3. By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute any content you provide for the purpose of providing and improving our Service.

9. Prohibited Products and Activities

9.1. Users are prohibited from using our Service to design, curate, or broker the following products:

a) Alcoholic beverages
b) Illegal substances
c) Controlled substances (excluding over-the-counter medications)
d) Firearms and weapons
e) Pornographic materials
f) Counterfeit goods
g) Endangered species products
h) Hazardous materials
i) Any products that violate intellectual property rights
j) Any other products deemed illegal or inappropriate by Tenkara

9.2. Users are prohibited from:

a) Violating any laws or regulations
b) Impersonating another person or entity
c) Interfering with the proper functioning of the Service
d) Attempting to gain unauthorized access to the Service or its related systems
e) Transmitting any viruses, malware, or other malicious code
f) Engaging in any activity that could damage, disable, or impair the Service

10. Data Storage and Security

10.1. All data is stored in the cloud and backed up frequently.

10.2. While we implement reasonable security measures, we cannot guarantee absolute security of your data.

10.3. You are responsible for maintaining the security of your account credentials.

11. Third-Party Links and Services

11.1. We use third-party links and services to find and research information.

11.2. We may share client data with these third parties to perform our Service.

11.3. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

12. Limitation of Liability

12.1. Tenkara acts as a middleman and payment transactor to optimize supply chain and product development. We do not assume any liability for the products we sell.

12.2. To the maximum extent permitted by law, Tenkara shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

12.3. Our total liability for any claim arising out of or relating to these Terms or our Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

13. Disclaimers

13.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or warranty, whether express, implied, or statutory.

13.2. We make no warranties or representations about the accuracy or completeness of the Service's content or the content of any websites linked to the Service.

13.3. We assume no liability for any errors or omissions in the content of the Service.

14. API Usage

14.1. We build and/or utilize APIs to support our platform.

14.2. Partner platforms may share and receive data to improve product offerings.

14.3. Use of our APIs is subject to additional terms and conditions, which will be provided separately.

15. Termination

15.1. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

15.2. Upon termination, your right to use the Service will immediately cease.

16. Changes to Terms

16.1. We reserve the right to modify or replace these Terms at any time.

16.2. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

16.3. Your continued use of the Service after any changes to the Terms constitutes your acceptance of the new Terms.

17. Governing Law and Jurisdiction

17.1. These Terms shall be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.

17.2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Tenkara regarding our Service and supersede all prior agreements and understandings, whether written or oral.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Legal@trytenkara.com

By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.