Terms & Conditions

These Terms and Conditions of Use are Effective as of June 0 2, 2025.

THESE TERMS AND CONDITIONS OF USE CONTAIN A MANDATORY ARBITRATION

OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN

INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES

RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE REVIEW THE

ARBITRATION AGREEMENT SECTION FOR DETAILS.

SECTION 01 – Terms and Conditions of Use

Welcome to ALKIM Studio, LLC (“ALKIM,” “we,” “our,” or “us”). These Terms and

Conditions of Use (“Terms”) apply to and govern anyone who visits www.alkimstudio.com

(the “Website”) or who shops with ALKIM via the Website or interacts with us in any other

capacity. These Terms, along with our Privacy Policy and any applicable legal notices or

policies posted on the Website, form a contractual agreement between you and Alkim.

You must accept the Terms, in full, before using the Website. You can accept the Terms in two ways:

1. By clicking to "accept" or "agree" to the Terms, where this option is presented or

made available to you on the Website; or

2. By actually using the Website.

BY USING THE WEBSITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT

AGREE TO THE TERMS, DO NOT USE THE WEBSITE.

Except as otherwise provided, the Terms are subject to change at any time without notice.

Any changes to the Terms are effective upon their posting to the Website.

SECTION 02 – Privacy Policy

To view our Privacy Policy, please visit our Privacy Policy Page.

We will not use Personal Information (as defined in the Privacy Policy) or cookies in a way

that is inconsistent with the purposes and limitations provided in the Privacy Policy. The

effective upon posting to the Website. The Website is the property of ALKIM and ALKIM

may therefore capture interactions with the Website, in accordance with our Privacy Policy,

including your use of the Website. By using the Website and agreeing to these Terms, you

consent to the collection, use, and sharing of your personal information as described in our

(e.g., Meta/Facebook), and analytics tools for marketing, customer service, fraud prevention

and security, and site improvement.

ALKIM uses Shopify as our e-commerce platform. Customer data (e.g., names, addresses,

email, phone numbers) is collected for order fulfillment and marketing purposes, subject to

your consent. Payment information is processed via Shopify and is not stored by ALKIM.

By using the Website, you acknowledge and agree that internet transmissions are never

completely private or secure. You understand that any message or information you send to

the Website may be read or intercepted by others, even if there is a special notice that a

particular transmission (for example, credit card information) is encrypted. Nonetheless,

we employ reasonable measures to protect your information from unauthorized use or

disclosure.

SECTION 03 – Ownership of Website, Content, and Trademarks

Our Website is owned and controlled by ALKIM and, unless otherwise agreed in writing, all

materials on our Website, including text, graphics, information, content, images,

illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer

code, and other materials, and the copyrights, trademarks, trade dress, and/or other

intellectual property rights in such materials (collectively, the "Content" and the Content in

the Website "Website Content"), are owned, controlled and/or licensed by ALKIM.

The Website and Website Content are intended solely for personal, non-commercial use.

You may download or copy the Website Content and other downloadable materials

displayed on the Website for your personal use only. No right, title, license, or interest in

any downloaded or copied Website Content is transferred to you as a result of any such

downloading or copying. You may not reproduce (except as noted above), publish, transmit,

distribute, display, perform, alter, modify, create derivative works from, sell, or exploit or

otherwise use any of the Website Content or the Website for any public or commercial

purpose.

Certain trademarks, trade names, service marks, and logos used or displayed on this

Website are registered and unregistered trademarks, trade names, and service marks of

ALKIM and its affiliates. Other trademarks, trade names, and service marks used or

displayed on this Website are the registered and unregistered trademarks, trade names,

and service marks of third parties. Nothing contained on any Website grants or should be

construed as granting, by implication, estoppel, or otherwise, any license or right to you to

use any such trademarks, trade names, service marks, or logos displayed on such Website.

SECTION 04 – Your Use of Our Website

You may use our Website only as permitted by these Terms and only in a manner

consistent with all applicable local, state, and federal laws, rules, and regulations, and

generally accepted practices or guidelines in relevant jurisdictions, including laws

governing the export of data to or from the United States.

You agree not to:

• Use any "deep-link", "robot", or other automatic or manual device, software,

program, code, algorithm, or methodology, to access, data mine, extract, “scrape,”

“crawl,” “spider,” copy, or monitor any portion of the Website or Website Content, or

in any way reproduce or circumvent the navigational structure or presentation of

the Website or Website Content, or obtain or attempt to obtain any materials or

information through any means not purposely made available by us through the

Website, including to develop or improve any software program, algorithm or

machine learning or artificial intelligence model.

• Gain or attempt to gain unauthorized access to any portion or feature of the

Website, or any other system or network connected to the Website or to any of our

business partners’ servers, systems, or networks, by hacking, "password-mining," or

using any other illegitimate method of accessing data.

• Probe, scan or test the vulnerability of the Website or any network connected to the

Website, nor breach the security or authentication measures on the Website or any

network connected to the Website.

• Reverse look-up, trace, or seek to trace any information on any other visitor to any

Website, or any other customer of ALKIM, including any shopping account that is

not held by you, in any way where the purpose is to discover materials or

information, including but not limited to Personal Information or other information

that reasonably could be used to connect non-Personal Information to Personal

Information.

• Take any action that would cause an unreasonably or disproportionately large load

on the infrastructure of the Website or our systems or networks, or any systems or

networks connected to the Website or to us in an attempt to overwhelm our systems

to create a "Denial of Service" (DDoS) or similar attack.

• Use any device, technology, or method to interfere or attempt to interfere with the

proper functioning or features of the Website or any transaction occurring on the

Website, or with any other person’s use of the Website.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of

any message or transmittal you send to us on or through the Website or any service

offered on or through the Website.

• Impersonate or pretend that you are any other person or falsely claim you represent

another person.

• Advocate, encourage, or assist any third party in engaging in any conduct prohibited

under this Section or the Terms.

• Upload or otherwise transmit viruses, Trojan horses, worms, time bombs, or other

malicious or harmful code.

• Attempt to reverse engineer, decompile, or disassemble any part of the Website;

• Collect or harvest any personally identifiable information from the Website,

including account names or email addresses, for any purpose.

• Use the Website in a way that infringes upon the rights of others, including

intellectual property, privacy, or publicity rights.

• Use the Website to send any unsolicited or unauthorized advertisements, spam, or

promotional materials.

ALKIM reserves the right to take measures to prevent any such activity, including but not

limited to monitoring your use of the Website to ensure compliance with these Terms. We

may suspend or terminate your access to the Website if we believe you have violated these

Terms or engaged in any conduct that we, in our sole discretion, find harmful or

objectionable.

You may use the Website solely for browsing and purchasing ALKIM products, and to

engage with other features, services, or content that we expressly make available for public

interaction. Unauthorized use of the Website or any part of its content is strictly

prohibited.

SECTION 05 – User Communications and User Content

While we appreciate your suggestions and feedback on how to improve our Website and

products, it is ALKIM’s policy not to accept any creative ideas, suggestions, proposals,

plans, or materials other than those we specifically request (e.g., through contests or

promotional events). This is to avoid any misunderstanding in the event that future

product or marketing initiatives developed by ALKIM bear similarities to those submitted

by customers or visitors to our Website. Except for Personal Information governed by our

techniques, questions, comments, or other communication you transmit or post to the

Website or provide to ALKIM (a “User Communication”) will be considered non-confidential

and non-proprietary.

You agree that we may use any User Communication for any purpose at our sole discretion,

including but not limited to reproduction, transmission, disclosure, publication, broadcast,

development, manufacturing, or marketing for any commercial or non-commercial purpose.

You agree that ALKIM is under no obligation:

1. To keep any User Communication confidential;

2. To pay compensation for any User Communication; or

3. To monitor, use, return, review, or respond to any User Communication;

We assume no liability related to the content of any User Communication, whether or not it

arises under the laws of copyright, libel, privacy, obscenity, or otherwise. We reserve the

right to remove any User Communication that we determine in our sole discretion to be

inappropriate or otherwise unacceptable.

You may submit, upload, or post content you have created, including but not limited to

photographs, videos, comments, reviews, and testimonials (“User Content”) through the

Website, our social media platforms, or other platforms associated or affiliated with

ALKIM. By doing so, you grant ALKIM and its third-party service providers who provide

content management services (collectively, the “Licensed Parties”) a perpetual, irrevocable,

royalty-free, fully paid, non-exclusive, transferable right to use your User Content in any

manner, including on our Website, social media channels, emails, marketing materials, and

other promotional and advertising initiatives in any media now known or hereafter

developed, throughout the world. You understand that your User Content may be

processed by Licensed Parties located in the United States and elsewhere where the laws

may be less protective of your Personal Information than your local laws. By submitting,

uploading, or posting User Content, you understand and agree further that we may use,

display, reproduce, distribute, transmit, create derivative works from, combine with other

materials, alter and/or edit your User Content in any manner, and you agree that you have

no expectation that we will review, use, acknowledge, or compensate you for the same.

You acknowledge and agree that:

• You have all necessary rights in the User Content.

• The User Content does not infringe the rights of any third party.

• All “moral rights” that you may have in such User Content have been voluntarily

waived.

• If the User Content includes identifiable individuals, you have obtained the proper

consent or are the legal guardian of any depicted minor.

• You understand and agree that your User Content may be processed and stored by

our third-party service providers in jurisdictions where privacy protections may

differ from those in your home country.

You further agree not to post or transmit any unlawful, threatening, defamatory, obscene,

pornographic, or profane material or any material that could violate any law or encourage

conduct constituting a criminal offense or civil liability.

SECTION 06 – User Content Rules

If you become aware of any violation of these User Content Rules or any other

inappropriate use of the Website, please report it to ALKIM at hello@alkimstudio.com.

You are solely responsible for any User Content you post, submit, upload, or otherwise

transmit through the Website or any affiliated digital platform. ALKIM is not responsible

or liable for any User Content posted by you or any other user. We reserve the right, but

not the obligation, to monitor, review, remove, or refuse to post any User Content at our

sole discretion and without notice.

The following categories of User Content are strictly prohibited. Without limitation, you

agree that you will not post, submit, upload, or transmit any content that:

• Is defamatory, abusive, harassing, obscene, vulgar, offensive, profane, or

threatening.

• Is known by you to be false, misleading, or deceptive.

• Contains personal or private information about any third party, including but not

limited to phone numbers, addresses, Social Security numbers, or credit card details.

• Violates any third party’s rights, including but not limited to copyright, trademark,

patent, trade secret, right of publicity, or right of privacy.

• Violates any applicable law, statute, ordinance, or regulation, including but not

limited to laws governing consumer protection, unfair competition, false advertising,

or anti-discrimination.

• Promotes or incites violence, hatred, or discrimination against any person or group

based on race, religion, ethnicity, gender, sexual orientation, disability, or any other

characteristic protected by law.

• Contains nudity, pornography, or sexually explicit content.

• Infringes on any intellectual property rights, including materials for which you do

not have appropriate permission or authority to use.

• Contains or transmits software viruses, malware, Trojan horses, worms, logic

bombs, or any other malicious code designed to interrupt, disrupt, damage, or limit

the functionality of any hardware, software, or telecommunications equipment.

• Contains any form of unsolicited promotions, phishing, advertising, junk mail, spam,

chain letters, pyramid schemes, or any other form of solicitation.

• Misrepresents your identity, impersonates another person, or falsely claims an

affiliation with any individual or entity.

• Encourages conduct that could be considered a criminal offense, give rise to civil

liability, or otherwise violate any applicable local, state, national, or international

law.

• Attempts to circumvent security measures on the Website or harvest information

about other users without their express consent.

By submitting User Content, you affirm and warrant that:

• You own or have secured all necessary rights and licenses to the content.

• You have the legal right and authority to grant ALKIM the rights described in

Section 5 .

• All individuals depicted in the content have provided appropriate consent (or you are

their legal guardian if they are minors).

• Your User Content complies fully with these Terms and all applicable laws.

You understand that by using the Website, you may be exposed to content that is offensive,

inaccurate, or otherwise objectionable. ALKIM does not endorse any User Content and

disclaims all liability and is not responsible for the accuracy, usefulness, safety, or

intellectual property rights of or relating to such content.

SECTION 07 – Copyright and Trademark Rules (DMCA)

ALKIM is committed to complying with copyright and related laws, including the Digital

Millennium Copyright Act (DMCA), and we require all users of the Website to comply with

these laws. Accordingly, you may not store any material or content on, or disseminate any

material or content over, the Website in any manner that constitutes an infringement of

third-party intellectual property rights, including but not limited to, rights granted by

copyrighted material, trademarks, or other proprietary information belonging to others

without obtaining the prior written consent of the owner of such proprietary rights. It is

our policy to terminate use privileges of any user who infringes the copyright rights of

others upon receipt of proper notification to us by the copyright owner or the copyright

owner’s legal agent.

INFRINGEMENT NOTIFICATION

If you believe that your work has been copied and posted on the Website in a way that

constitutes copyright infringement, please provide our designated agent with the following

information:

1. An electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim

has been infringed;

3. Identification of the material that is claimed to be infringing and a description of

where the material that you claim is infringing is located on the Website;

4. 5. Your address, telephone number, email address, and mailing address;

A statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright or intellectual property owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information contained

in your report is accurate and that you are the copyright or intellectual property

owner or authorized to act on the copyright or intellectual property owner’s behalf.

The foregoing information (“DMCA Notice”) should be sent to our Designated Agent via

mail correspondence and email as follows:

• Via Mail Correspondence:

ALKIM

ATTN: DMCA Notice

C/O Jonathan H. Green & Associates, P.A.

901 Ponce de Leon Blvd., Suite 601

Coral Gables, FL 33134

• Via Email:

Email: hello@alkimstudio.com

Subject Line: DMCA Notice

COUNTER-NOTICE

If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure

and you believe that your content is not infringing, then you may send a counter-notice

(“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing

the following information:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been

disabled and the location at which the content appeared before it was removed or

disabled;

3. A statement that you have a good faith belief that the content was removed or

disabled as a result of mistake or a misidentification of the content; and

4. Your name, address, telephone number, email address, and mailing address; a

statement that you consent to the jurisdiction of the federal court in Miami, Florida;

and a statement that you will accept service of process from the person who provided

notification of the alleged infringement.

If a DMCA Counter-Notice is received by our Designated Agent, ALKIM may send a copy of

the DMCA Counter-Notice to the original complaining party informing that person that we

may replace the removed content or cease disabling it in ten (10) to fourteen (14) business

days. Unless the alleged copyright owner files an action seeking a court order against the

content provider, member, or user, the removed content may be replaced, or access to it

restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA

Counter-Notice, at ALKIM’s sole discretion.

Note that ALKIM’s policy to address allegedly infringing content on the Website may vary

by jurisdiction.

SECTION 08 – Accounts, Passwords, and Security

Certain features or services offered on or through the Website may require you to create an

account, including setting up a username and password, and providing Personal

Information. Apart from the representations made in our Privacy Policy regarding our

protection of your information, you are solely and entirely responsible for maintaining the

confidentiality of your account information, including your password, and for any and all

activity that occurs under your account.

You agree to:

• Notify ALKIM immediately of any actual or suspected unauthorized use of your

account or password, or any other breach of security.

• Ensure that you log out from your account at the end of each session.

• Take reasonable steps to safeguard your login credentials and device access to

prevent misuse.

You may be held liable for losses incurred by ALKIM or any other user of the Website due

to someone else using your username, password, or account information, whether with or

without your knowledge. You may not use anyone else’s account, username, or password at

any time without the express permission and consent of the account holder.

ALKIM cannot and will not be liable for any loss or damage arising from your failure in any

way to comply with these obligations.

SECTION 09 – Products and Sales

PRODUCT DESCRIPTIONS

In describing and portraying our products on the Website, ALKIM strives to be as accurate

as possible. However, we do not guarantee that product descriptions or other content on

the Website are accurate, complete, reliable, current, or error-free. If a product offered by

ALKIM is not as described, your sole remedy is to return it in accordance with our Return

& Exchange Policy.

COLORS

We make every effort to display as accurately as possible the colors of our products on the

Website. However, the actual colors you see will depend on your device, and we cannot

guarantee that your monitor’s display of any color will be accurate. Minor color or texture

variations may also occur due to the use of organic materials and natural dyes and are not

considered defects.

SHIPPING

When you place an order on our Website, we will ship your order to the address designated

by you, provided that the shipping address is located within the United States and complies

with the shipping restrictions posted on the Website. You are responsible for providing the

correct shipping address. ALKIM is not responsible for delays or losses caused by incorrect

or incomplete shipping information provided by the customer. We may require verification

of information prior to the acceptance and/or shipment of any order. We reserve the right,

without prior notice, to limit the order quantity on any product or to refuse service to any

customer.

RISK OF LOSS

All items purchased on the Website are made pursuant to a shipment contract. This means

that the risk of loss and title for such items pass to you upon our delivery of the items to the

carrier. You are responsible for filing any claims with carriers for damaged and/or lost

shipments, although we are happy to assist as appropriate within our policy guidelines.

MERCHANDISE AVAILABILITY

Product availability on the Website is not guaranteed. Items may be low in stock or may

sell out prior to order fulfillment. If an item is no longer available by the time your order is

processed, we will notify you by email. You will receive a shipping confirmation email once

your items have shipped.

CHARGEBACK POLICY

By making a purchase through the Website, you agree to first contact ALKIM at

hello@alkimstudio.com with any concerns related to billing, product delivery, or quality

issues. You further agree not to initiate a chargeback or payment dispute with your credit

card issuer or financial institution unless you have made a good-faith effort to resolve the

issue directly with us. ALKIM reserves the right to dispute chargebacks that are

inconsistent with our policies or reflect misuse of the chargeback process.

SECTION 10 – SMS Program Terms

ALKIM may offer customers the option to receive SMS (text message) communications,

such as updates about orders, promotions, and other marketing-related messages.

Participation in the SMS program is subject to separate terms and conditions. The SMS

Program Terms for ALKIM are available [here] and are incorporated into these Terms of

Use by reference. By enrolling in or otherwise participating in ALKIM’s SMS program, you

agree to be bound by the SMS Program Terms and our Privacy Policy. If you do not agree

to the SMS Program Terms, please do not opt into or use our SMS services.

SECTION 11 – Links to Our Website; Third-Party Links on Our Website

Creating or maintaining any link from another website to any page on the ALKIM Website

without our prior written permission is strictly prohibited. Running or displaying the

Website or any content on the Website in frames or through similar means on another

website without our prior written permission is also prohibited. Any permitted links to the

Website must comply with all applicable laws, statutes, rules, and regulations.

From time to time, the Website may contain links to third-party websites or services that

are not owned, operated, or controlled by ALKIM. All such links are provided solely as a

convenience to you. If you use these links, you will leave the ALKIM Website. ALKIM is

not responsible for any content, materials, products, information, or services available on or

through any third-party websites. The inclusion of any links to such websites does not

imply endorsement by ALKIM of those websites or their content. Your use of any linked

websites is entirely and solely at your own risk.

SECTION 12 – Change in Website and Website Content

We reserve the right, at any time and without notice, to:

• Modify, suspend, or discontinue the Website or any service, feature, content, or

product offered through the Website.

• Charge fees in connection with the use of the Website.

• Modify and/or waive any fees charged in connection with the Website.

• Offer, restrict, or cancel certain features or opportunities to some or all users of the

Website.

You agree that ALKIM shall not be liable to you or to any third party should any of the

foregoing occur with respect to the Website.

SECTION 13 – Disclaimers; Limitations on Liability; Indemnity

YOUR USE OF THE WEBSITE AND ALKIM PRODUCTS IS AT YOUR OWN RISK. THE

INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED THROUGH

THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT

LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALKIM MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,

OR TIMELINESS OF THE MATERIALS, CONTENT, OR SERVICES ON THE WEBSITE,

OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, ITS

FEATURES, OR ITS PRODUCTS. ALKIM DOES NOT WARRANT THAT THE WEBSITE

WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR THAT THE WEBSITE

AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL

CODE. IF YOUR USE OF THE WEBSITE OR ITS CONTENT RESULTS IN THE NEED

FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ALKIM IS NOT

RESPONSIBLE FOR THOSE COSTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALKIM OR

ANY OF ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES,

AFFILIATES, LICENSORS, AGENTS, OR SUCCESSORS BE LIABLE TO YOU OR

ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE

USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY

WEBSITES LINKED TO IT, OR THE MATERIALS, INFORMATION, OR SERVICES

CONTAINED IN OR ACCESSED THROUGH ANY SUCH WEBSITE — WHETHER

BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY

OTHER LEGAL THEORY, AND WHETHER OR NOT ALKIM IS ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT

APPLY TO YOU. TO THE EXTENT THAT SUCH LIMITATIONS DO NOT APPLY, THE

TOTAL AGGREGATE LIABILITY OF ALKIM TO YOU FOR ALL DAMAGES, LOSSES,

AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY

YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR PURCHASING ALKIM

PRODUCTS.

INDEMNITY

To the extent permitted by law, you agree to defend, indemnify, and hold harmless ALKIM,

its officers, directors, representatives, employees, affiliates, agents, licensors, and business

partners from and against any and all claims, damages, obligations, losses, liabilities, costs,

and expenses (including but not limited to attorneys’ fees) arising out of or related to:

1. Your use or misuse of the Website or its content;

2. Your violation of these Terms;

3. Your User Content or User Communications; or

4. Your violation of the rights of any third party, including intellectual property or

privacy rights.

SECTION 14 – Governing Law; Severability; Waiver; Dispute Resolution

It is your responsibility to comply with all applicable local, state, federal, and international

laws, statutes, rules, and regulations related to your use of the Website, including any legal

minimum age requirements for making purchases. To the extent any dispute arising out of

or relating to these Terms is not subject to arbitration or small claims court proceedings (as

set forth in Section 16 ), such disputes shall be governed by and interpreted in accordance

with the laws of the State of Florida, without regard to any conflict of law principles.

If any provision of these Terms shall be deemed invalid, unlawful, void, or for any reason

unenforceable by a court of competent jurisdiction, that provision shall be deemed severable

from these Terms and shall not affect the validity and enforceability of any remaining

provisions.

Any failure by us to partially or fully exercise any rights or the waiver of any breach of the

Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a

waiver by us of any subsequent breach by you of the same or any other term of the Terms.

Our rights and remedies under the Terms shall be cumulative, and the exercise of any such

right or remedy shall not limit our right to exercise any other right or remedy.

To the extent permitted by law, you agree that any claim, action, or proceeding arising out

of or related to the Terms or your use of the Website shall be filed exclusively in the state or

federal courts located in Miami-Dade County, Florida, unless otherwise required by law.

No recovery may be sought or received for damages other than out-of-pocket expenses,

except that the prevailing party in any such action shall be entitled to recover reasonable

attorneys’ fees and costs. Please note that the availability of court proceedings is subject to

the Arbitration Agreement contained in Section 16 , and any dispute that is subject to

arbitration shall proceed according to those terms.

SECTION 15 – Informal Dispute Resolution

We aim to address any concerns or disputes quickly and efficiently. You agree that before

initiating arbitration or any legal proceeding, you will make a good faith effort to resolve

your dispute with ALKIM informally, including having at least one telephone or

videoconference conversation between you, personally, and us. To begin the informal

dispute resolution process, you must notify us in writing by email at hello@alkimstudio.com

and include the following information:

• Your full name, telephone number, mailing address, email address, and order

number (if applicable).

• A detailed description of the nature of the dispute.

• The specific claims you are making and the resolution you are seeking, including

any monetary amount.

Within sixty (60) days of receiving your notice, ALKIM will engage with you in good faith to

resolve the dispute, including participating in at least one telephone or video conference.

You may have an attorney participate with you if you wish. The parties agree to toll any

applicable statute of limitations and filing fee deadlines during the informal resolution

period — from the date we receive your notice to the earlier of (a) the date the informal

process concludes; or (b) the 60-day period ends (unless extended by mutual agreement).

You and ALKIM agree that this informal dispute resolution process is a mandatory

condition precedent to initiating arbitration or any formal legal action. A court of

competent jurisdiction shall have authority to enforce this requirement and, if necessary,

enjoin the filing or prosecution of arbitration demands until it has been satisfied.

SECTION 16 – Arbitration Agreement & Waiver of Certain Rights

You and ALKIM agree that, except as set forth below, we will resolve any controversies,

claims, counterclaims, or other disputes between you and ALKIM or you and a third-party

agent of ALKIM (a “Claim”) through final and binding arbitration instead of through court

proceedings, in accordance with the Consumer Arbitration Rules of the American

Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing

or future Claims that you have not individually filed in a court of law or in arbitration prior

to the date you agreed to these Terms. The AAA Rules are available at www.adr.org,

calling 1-800-778-7879, or emailing CustomerService@adr.org. You and we hereby waive

any right to a jury trial of any Claim. The arbitration will be conducted by a single

arbitrator. The arbitrator’s decision shall be final and binding and may be enforced in any

court of competent jurisdiction. The parties agree that arbitration proceedings will be kept

confidential, including but not limited to all related pleadings, briefs, documents,

testimony, oral submissions, and awards, except as may be required by law or regulatory or

governmental authorities or agencies. The Federal Arbitration Act and federal arbitration

law apply to this agreement. A court of competent jurisdiction shall have the exclusive

authority to determine the existence, scope, and enforceability of this arbitration

agreement, including whether any conditions precedent to arbitration have been satisfied.

TO BEGIN AN ARBITRATION PROCEEDING:

You must send a letter via mail correspondence and email, signed by you, requesting

arbitration and describing your claim to:

• Via Mail Correspondence:

ALKIM

ATTN: Arbitration Request

C/O Jonathan H. Green & Associates, P.A.

901 Ponce de Leon Blvd., Suite 601

Coral Gables, FL 33134

• Via Email:

Email: hello@alkimstudio.com

Subject Line: Arbitration Request

This letter must be received at least five (5) days before initiating an arbitration

proceeding.

ARBITRATION COSTS

If you demonstrate that the arbitration costs would be prohibitive compared to litigation,

ALKIM may pay the administrative costs and arbitrator’s fees deemed necessary by the

arbitrator to prevent such prohibitive expenses. The arbitrator may also apportion fees and

costs in the final award, as appropriate.

If your attorney is paying the arbitration fees on your behalf and may only recover those

fees if you prevail, your attorney must split the arbitration fees evenly with ALKIM at the

outset. The arbitrator may then determine how fees should be finally allocated in the

award.

EXCEPTIONS TO ARBITRATION AGREEMENT

This arbitration agreement does not prevent you or ALKIM from seeking action by federal,

state, or local government agencies. You and ALKIM also retain the right to bring

qualifying claims in small claims court. Either party may elect that a qualifying claim be

brought exclusively in small claims court by providing notice to the other party. In such a

case, if a claim is already pending in arbitration, the party who filed it will withdraw the

claim and refile it in small claims court within ten (10) days of receiving such notice.

Courts of competent jurisdiction may enforce this provision. You and ALKIM also retain

the right to seek provisional relief in court (such as temporary injunctive relief), which shall

not be deemed inconsistent with this agreement or a waiver of arbitration rights.

NO CLASS ACTIONS

You and ALKIM agree that each may bring claims only in an individual capacity and not as

a plaintiff or class member in any purported class, collective, or representative proceeding.

The arbitrator may not consolidate or join the claims of others, and may award relief only

on an individual basis.

SEVERABILITY

If a court determines that any part of this Section is unenforceable (other than the class

action waiver), the remainder shall remain in full force and effect.

JURY TRIAL WAIVER

If for any reason a claim proceeds in court rather than arbitration, you and ALKIM each

waive any right to a jury trial.

LIMITED REMEDIES

The arbitrator may award the same damages or other relief that a court could, including

injunctive and declaratory relief, but may not issue a public injunction. Any such relief

may only be sought in a federal or state court, and must be stayed until arbitration of all

other claims is complete. Any court adjudicating such relief shall be bound by the

arbitrator’s findings under applicable claim or issue preclusion doctrines.

SURVIVAL

This Section 16 shall survive termination of your relationship with ALKIM and remains

binding even if you stop using the Website, your account is closed, or cease to interact with

ALKIM.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A

COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN

ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN

BROAD DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO

CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR

ALKIM WOULD HAVE AVAILABLE IN COURT MAY NOT BE AVAILABLE IN

ARBITRATION.

MASS ARBITRATION PROCESS REQUIREMENTS

If twenty-five (25) or more similar claims are asserted against ALKIM at or around the

same time by the same or coordinated counsel, or are otherwise coordinated (and your

Claim is one such Claim), you understand and agree that the resolution of your Claim

might be delayed. You also agree to the following process and application of the AAA

Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20)

claims shall be selected to proceed to individual arbitration proceedings as part of a first

batching process, ten (10) of which will be selected by the claimants and ten (10) of which

will be selected by ALKIM. The remaining claims shall not be filed or deemed filed in

arbitration, nor shall any AAA fees be assessed in connection with those claims until they

are selected to proceed to individual arbitration proceedings as part of the staged process

described herein. If the parties are unable to resolve the remaining claims after the

conclusion of the initial twenty (20) proceedings, the parties shall participate in a global

mediation session before a retired state or federal court judge, for which the claimants will

pay the mediator’s fee. If the parties are unable to resolve the remaining claims through

mediation at this time, then forty (40) claims shall be selected to proceed to individual

arbitration proceedings as part of a second batching process, twenty (20) of which will be

selected by the claimants and twenty (20) of which will be selected by ALKIM. If there are

fewer than forty (40) claims remaining, all shall proceed. The remaining claims shall not be

filed or deemed filed in arbitration, nor shall any AAA fees be assessed in connection with

those claims, until they are selected to proceed to individual arbitration proceedings as part

of the staged process described herein. In any batching process, a single arbitrator shall

preside over each proceeding, and only one proceeding may be assigned to each arbitrator

unless the parties agree otherwise. If the parties are unable to resolve the remaining

claims after the conclusion of the forty (40) proceedings, the parties shall participate in

another global mediation session before a retired state or federal court judge, for which the

claimants will pay the mediator’s fee. If the parties are still unable to resolve the

remaining claims in mediation at this time, this staged process shall continue with no more

than one hundred (100) claims proceeding at any time in a staged order that is selected

randomly or by the AAA, until all coordinated claims, including your Claim, are adjudicated

or otherwise resolved. At any time during these proceedings, ALKIM agrees to participate

in a global mediation session should your counsel request it in an effort to resolve all

remaining claims. Any applicable statute of limitations on your Claims and filing fee

deadlines shall be tolled for claims subject to this subsection from the time claims are

selected for the first batching proceedings until the time your Claim is selected to proceed

in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall

have the authority to enforce this subsection and, if necessary, to enjoin the mass filing or

prosecution of arbitration demands against ALKIM. Should a court of competent

jurisdiction decline to enforce this subsection, you and ALKIM agree that you and our

counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise