terms of service

POKI YOKI, INC.
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

Last Updated: 5/29/2025

1. YOUR RIGHTS AND OBLIGATIONS

1.1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

1.2. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1.3. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (18 YEARS OR OLDER), AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

1.4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.

1.5. These terms and conditions (these "Terms") apply to the purchase and sale of products through www.pokiyoki.com (the "Site"). These Terms are subject to change by Poki Yoki, Inc. (referred to as "Poki Yoki", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

1.6. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 9). [Link to Website Terms of Use] [Link to Privacy Policy]

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept any orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

3.1. All prices, discounts, and promotions posted on this Site 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. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

3.2. We may offer, from time to time, promotions on the Site 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.

3.3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Apple Pay, Shop Pay, or G Pay for all purchases. You represent and warrant that (i) the payment information you supply to us 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.

4. Shipments; Delivery; Title and Risk of Loss.

4.1. We will arrange for shipment of the products to you. Please check the individual product page and checkout process for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

4.2. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Returns and Refunds.

5.1. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is initiated within 30 days of delivery date, and provided such products are returned in their original, unused condition with valid proof of purchase. Items marked "Final Sale" are non-returnable.

5.2. To initiate a return, you must use the return portal on our website. If you have any issues with a return, contact Poki Yoki Customer Service at hello@pokiyoki.com to obtain a Return Merchandise Authorization ("RMA") number before shipping us your product. No returns of any type will be accepted if they are either not processed through our return portal or are shipped to us without an RMA number.

5.3. You are responsible for all shipping and handling charges on returned items unless the product was defective, or we made an error in shipping (see Section 6 for warranty claims). You bear the risk of loss during shipment back to us.

5.4. Refunds are processed within approximately 7-9 business days of our receipt and inspection of your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

6. Warranty and Disclaimers.

6.1 We stand by our great product design and customer First philosophy and accordingly, Poki Yoki cups come with the Poki Yoki Lifetime Quality Assurance Warranty.

We stand behind the quality, durability, and thoughtful design of our modular cup system. Our goal is to make life easier (and less messy) for families everywhere and that means creating a cup you can count on for the long haul.

We’re proud to offer our Lifetime Quality Assurance Warranty, designed to give you peace of mind at every stage of your parenting journey.

What’s Covered

• Manufacturing defects in materials or workmanship
• Functional failure of reusable components under normal household use
• Broken or non-working magnetic connectors, lids, or body components due to product defect

Warranty Timeline

• First 18 Months: We’ll replace any defective part of your cup free of charge, including shipping.
• After 18 Months: We’ll continue to offer replacement parts for life. You’ll just pay shipping.

What’s Not Covered

Normal wear-and-tear on semi-disposable parts, including:

• Straws
• Valves
• Seals

These components are designed to be easily re-ordered from our website when needed.

How to Make a Warranty Claim

To submit a warranty request, simply visit www.pokiyoki.com and fill out the form with your order information, a brief description of the issue, and a photo (if applicable). Our customer support team will review your request within 3 business days.

If a defect covered by this warranty arises during the warranty period, Poki Yoki will, in its sole discretion, (i) repair the defective Product, (ii) replace the defective Product with an identical or comparable product, or (iii) refund the original purchase price. This is your sole and exclusive remedy under this warranty. Poki Yoki reserves the right to require you to return the defective Product for inspection

Thank you for being a part of the Poki Yoki family. We built this cup system to grow with your family — and we’re proud to grow with you, every step of the way

6.2. Warranty Disclaimers. EXCEPT FOR THE WARRANTY EXPRESSLY STATED IN SECTION 6.1 ABOVE, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POKI YOKI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

6.3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

7. Limitation of Liability.

7.1. IN NO EVENT SHALL POKI YOKI BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR RELATED TO THE PRODUCTS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

7.2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

7.3. The limitation of liability set forth above shall not apply to (a) liability resulting from our gross negligence or willful misconduct, or (b) any liability which cannot be limited or excluded under applicable law.

8. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. All purchases are intended for final delivery to locations within the US.

9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at [PRIVACY POLICY URL], governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

12. Dispute Resolution and Binding Arbitration.

12.1. YOU AND POKI YOKI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

12.2. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

12.3. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Poki Yoki will be responsible for paying any individual consumer's arbitration fees.

12.4. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

12.5. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR POKI YOKI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

12.6. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Poki Yoki.

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16. Notices.

16.1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

16.2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to: Poki Yoki, Inc., Attn: Legal Department, hello@pokiyoki.com. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. (Email notice to hello@pokiyoki.com may be provided concurrently but is not sufficient for formal legal notice under this section unless expressly agreed otherwise in writing).

17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms relating to the purchase and sale of Products.