Terms of service

TERMS OF SERVICE

Last updated: August 15, 2026

SECTION 1 - SCOPE AND APPLICATION

Welcome to By Mikaye. The terms "we", "us" and "our" refer to By Mikaye. By Mikaye 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"). By Mikaye is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (these "Terms"), describe your rights and responsibilities when you use the Services. They apply to every visitor to our website and to every order placed with us, whether through bymikaye.com, through a sales channel we operate, or through an AI shopping agent or other automated interface that transacts with us on your behalf.

The following policies are incorporated into these Terms by reference and form part of your agreement with us:

If there is a conflict between these Terms and one of those policies, the specific policy governs its own subject matter. The Refund Policy governs returns, exchanges and refunds. The Shipping Policy governs delivery. The Privacy Policy governs personal information. Our Shipping and Returns page at https://bymikaye.com/pages/shipping-returns is a plain-language summary provided for convenience, and the policies above take precedence over it.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers, limitations of liability, and, in Section 22, an agreement to resolve disputes by individual arbitration and a waiver of class actions.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.

SECTION 2 - WHO MAY USE THE SERVICES

You may use the Services only if you can form a binding contract with By Mikaye and only in compliance with these Terms and all applicable law.

By using the Services, you represent and warrant that:

  1. You are at least the age of majority in your state, province or country of residence, or you are using the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
  2. If you permit a minor dependent to use the Services on a device you own, purchase or manage, you accept responsibility for that use.
  3. If you are using the Services on behalf of a company, organisation, church, group or other entity, you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.
  4. You are purchasing for your own personal or household use, or for the legitimate use of the organisation you represent, and not for commercial resale or export, unless you have a written wholesale agreement with us.
  5. You have not previously been suspended or removed from the Services.

To use the Services you may be asked to provide information such as your email address and billing, payment and shipping details. You represent that all information you provide is correct, current and complete, and that you have the rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to another person.

SECTION 3 - CHANGES TO THESE TERMS

You can review the current version of these Terms at any time on this page. The "Last updated" date at the top shows when they were last revised.

We may update, change or replace any part of these Terms at our discretion by posting the revised version to our website. Where a change is material, we will provide notice in accordance with applicable law, which may include email to the address associated with your account or a notice on our website, and the change will take effect on the date stated in that notice.

Your continued use of the Services after a revised version takes effect constitutes acceptance of it. If you do not agree to a change, you should stop using the Services.

Changes to these Terms will not apply retroactively to a dispute of which we had notice before the change took effect. Changes to Section 22 are subject to the specific provisions of Section 22.8.

SECTION 4 - OUR PRODUCTS

We have made every effort to represent our products accurately. Colours and product appearance may differ from how they appear on your screen depending on your device, its settings and its configuration. Our dresses are made from pleated stretch fabrics, and the drape, movement and finished measurements of an individual garment may vary slightly between units.

We do not warrant that the appearance or quality of any product will meet your expectations or match exactly how it was depicted in our stores.

All product descriptions 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 to limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Sizing information, including size charts and fit guidance, is provided as a guide only and is not a warranty of fit.

SECTION 5 - ORDERS

When you place an order you are making an offer to purchase. By Mikaye reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until By Mikaye confirms acceptance, and we must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept an order, change it, or cancel it, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.

Where an item is unavailable after an order is accepted, we will notify you and refund the amount paid for that item in full.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy at https://bymikaye.com/policies/refund-policy.

SECTION 6 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may differ from prices offered elsewhere, including in stores operated by third parties. We may run promotions governed by their own terms, and where those conflict with these Terms, the promotion terms govern that promotion.

Promotional codes, store credits and gift cards are issued at our discretion, are not transferable or exchangeable for cash unless required by law, and may be limited to one use per customer or per order. We may cancel a code or credit that we reasonably believe has been obtained or used improperly.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it updated so we can complete your transactions and contact you.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method, that charges will be honoured by your card issuer, and that you will pay the posted prices including shipping, handling and applicable taxes.

SECTION 7 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather or other events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.

Delivery estimates run from the date an order ships, not the date it is placed. Rates, processing times and duties are set out in our Shipping Policy at https://bymikaye.com/policies/shipping-policy.

SECTION 8 - RETURNS, EXCHANGES AND REFUNDS

Returns, exchanges and refunds are governed entirely by our Refund Policy at https://bymikaye.com/policies/refund-policy, which forms part of these Terms.

SECTION 9 - INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, product photography, reviews, video and audio, and the design, selection and arrangement of them, are owned by By Mikaye, its affiliates or its licensors, and are protected by United States 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 material on the Services without our prior written consent. Nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of By Mikaye, Shopify or any third party, except as expressly stated. All rights not expressly granted are reserved.

By Mikaye's names, logos, product and service names, garment names, designs and slogans are trademarks of By Mikaye or its affiliates or licensors, and you must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names and marks appearing on the Services are the trademarks of their respective owners.

By Mikaye is an independent brand. Our designs are our own and are not affiliated with, licensed by, or produced by any other label.

SECTION 10 - ACCEPTABLE USE

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  1. For any unlawful, fraudulent or malicious purpose.
  2. To violate any international, federal, state, provincial or local law, rule, regulation or ordinance.
  3. To infringe or violate our intellectual property rights or those of others.
  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or threaten any of our employees, contractors or any other person, including in emails, chat messages, reviews or social media directed at us.
  5. To transmit false or misleading information, including in a review, a return request, a chargeback claim or a report of non-delivery.
  6. To purchase products for commercial resale or export without a written wholesale agreement with us.
  7. To place orders using automated means, multiple accounts or multiple payment methods in order to defeat quantity limits, promotional limits or one-per-customer restrictions.
  8. To abuse our returns process, including by returning items that were not purchased from us, returning worn or altered goods as unworn, or making repeated returns in a pattern that indicates the purchases were not made in good faith.
  9. To obtain, transfer, sell or use a promotional code, store credit or gift card other than as we intended.
  10. To send or procure the sending of advertising or promotional material, including junk mail, chain letters or spam.
  11. To impersonate or attempt to impersonate any other person or entity, including By Mikaye or its staff.
  12. To engage in any other conduct that restricts or inhibits anyone's use of the Services, or that we determine may harm By Mikaye, Shopify or users of the Services, or expose them to liability.

You further agree not to:

  1. Upload or transmit viruses or any other malicious code affecting the functionality or operation of the Services.
  2. Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services.
  3. Collect or track the personal information of others.
  4. Spam, phish, pharm or pretext the Services.
  5. Use any robot, spider, scraper, data gathering or extraction tool, automated device or process, or AI tool, to access the Services, except as expressly permitted in Section 11.
  6. Interfere with, bypass or circumvent the security or authorisation features, robot exclusion headers, or other measures we use to restrict access to the Services.

We may suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. Where we reasonably believe an order has been placed in breach of this Section, we may cancel it and refund the amount paid.

10.1 Bona fide use and tester plaintiffs

The Services are made available for the use of bona fide visitors and customers, meaning people who access them with a genuine interest in browsing our products, purchasing from us, obtaining customer support, or otherwise engaging with By Mikaye as a retailer.

Access to the Services for the purpose of manufacturing, soliciting or generating litigation, rather than for a genuine interest in our products or services, is not authorised and exceeds the scope of the permission granted by these Terms. This includes accessing the Services principally to identify or document alleged defects or barriers in order to bring or solicit claims, without a bona fide intent to browse, purchase or otherwise transact with us.

A person who accesses the Services for such a purpose is not a customer, invitee or authorised user of the Services, and we reserve the right to deny or terminate access.

This provision is not a barrier to raising genuine accessibility concerns, and is not intended to be. We want to hear about barriers. If you encounter any difficulty using the Services because of a disability, or you use assistive technology and something does not work, please contact us at help@bymikaye.com describing the problem and the page or feature involved. We will respond within one business day and work in good faith to remedy the issue and to provide the information, products or services you were seeking through an alternative accessible means, at no additional cost to you.

Nothing in this Section waives, limits or purports to waive any right you may have under the Americans with Disabilities Act, the New Jersey Law Against Discrimination, or any other federal, state or local law, and nothing in it requires you to give notice before exercising a right that applicable law grants you without notice. To the extent any part of this Section is unenforceable, it shall be severed under Section 24 and the remainder shall continue in effect.

Any dispute concerning this Section is subject to Section 22.

SECTION 11 - AGENTS

11.1 This Section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the 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 a person or using a person's device without direct supervision.

11.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict accordance with Section 11.4. No Agent may access, use or interact with the Services if we have requested that it refrain from doing so.

11.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

11.4 Agents must: (i) identify in all HTTP and HTTPS requests that the request comes from an Agent, and disclose the Agent's name in the user agent string in the form "Agent/[agent name]"; (ii) not conceal or obfuscate that access or interaction is from an Agent, including by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

11.5 If you use an Agent to place an order, you remain fully responsible for that order and bound by these Terms as if you had placed it yourself.

SECTION 12 - OPTIONAL TOOLS

You may be given access to third-party tools through the Services which we neither monitor nor control.

You acknowledge that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use of them is entirely at your own risk, and you should familiarise yourself with and approve the terms on which they are provided.

We may offer new features through the Services in future, including new tools and resources. Those features are also part of the Services and subject to these Terms.

SECTION 13 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and if you leave the Services to access them you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources or content on them. Please review the third party's policies before transacting. Complaints or questions about third-party products and services should be directed to that third party.

SECTION 14 - RELATIONSHIP WITH SHOPIFY

By Mikaye 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 By Mikaye. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and By Mikaye, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with By Mikaye.

SECTION 15 - PRIVACY

All personal information we collect through the Services is subject to our Privacy Policy at https://bymikaye.com/policies/privacy-policy, and certain personal information may be subject to Shopify's privacy policy, available at https://www.shopify.com/legal/privacy/app-users. By using the Services you acknowledge that you have read both.

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 them. Information you submit will be transmitted to and shared with Shopify, and with third parties that may be located in countries other than where you reside, in order to provide services to you. See our Privacy Policy at https://bymikaye.com/policies/privacy-policy for detail on how we, Shopify and our partners use your personal information.

SECTION 16 - FEEDBACK AND REVIEWS

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photographs, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use such as marketing and product pages.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting it; and (iii) the Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

We may, but need not, monitor, edit or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third party right, including copyright, trademark, privacy or personality rights, and will not contain unlawful, abusive or obscene material or any malicious code. You may not use a false email address, impersonate another person, or otherwise mislead us or others as to the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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 and without prior notice, including after you have submitted your order.

Where an order is cancelled under this Section, we will refund the amount paid in full.

SECTION 18 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following Sections continue to apply after any termination: 9 (Intellectual Property), 16 (Feedback and Reviews), 18 (Termination), 19 (Disclaimer of Warranties), 20 (Limitation of Liability), 21 (Indemnification), 22 (Dispute Resolution, Arbitration and Class Action Waiver), 23 (Governing Law), 24 (Severability), 25 (Waiver and Entire Agreement), 26 (Assignment), and any other provision that by its nature should survive.

SECTION 19 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you, by any other visitor, or by anyone informed of their contents.

EXCEPT AS EXPRESSLY STATED BY BY MIKAYE, 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. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 20 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BY MIKAYE, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO BY MIKAYE FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

SECTION 21 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless By Mikaye, 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 or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 22 - DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES BETWEEN YOU AND BY MIKAYE TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT UNDER SECTION 22.7.

22.1 Informal resolution first. Most concerns can be resolved quickly and without cost. Before starting arbitration, you agree to contact us at help@bymikaye.com with a written description of the dispute, your order number, and the resolution you are seeking, and to allow us sixty (60) days to resolve it informally. We agree to do the same before starting arbitration against you. This step is a condition precedent to starting arbitration. Any applicable limitation period is tolled while the parties engage in this process.

22.2 Agreement to arbitrate. If the dispute is not resolved within sixty (60) days, you and By Mikaye agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, any product purchased from us, or the relationship between us, including questions about the formation, validity, enforceability or scope of this arbitration agreement, shall be resolved exclusively by final and binding individual arbitration, and not in court.

22.3 Arbitration rules and forum. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA rules are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. Arbitration may be conducted in writing, by telephone, by video conference, or in person. Where an in-person hearing is held, it shall take place in the county of your residence, in Essex County, New Jersey, or at another location agreed between the parties, at your election. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.

22.4 Costs. Payment of filing, administration and arbitrator fees will be governed by the AAA rules. Where the AAA rules require you to pay a filing fee that exceeds the cost of filing suit in your local court, we will pay the difference. Each party is otherwise responsible for its own attorneys' fees and costs, unless the arbitrator awards them under applicable law.

22.5 Class action waiver. YOU AND BY MIKAYE 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, COORDINATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law prevents enforcement of any part of this Section 22.5 as to a particular claim for relief, that claim must be severed and brought in a court of competent jurisdiction, while all other claims proceed in arbitration.

22.6 Jury trial waiver. YOU AND BY MIKAYE EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, except as provided in Sections 22.7, 22.9 and 22.10.

22.7 Your right to opt out. You may opt out of this Section 22 within thirty (30) days of the date you first accept these Terms, by emailing help@bymikaye.com with the subject line "Arbitration Opt-Out" and including your full name, the email address associated with your account or order, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms, and will not affect your relationship with us in any other way. If you opt out, disputes will be resolved in the courts identified in Section 23.

22.8 Changes to this Section. If we make a material change to this Section 22 after you first accept these Terms, you may reject the change by emailing help@bymikaye.com within thirty (30) days of the change taking effect, in which case the most recent version you accepted will continue to apply between us.

22.9 Consumers outside the United States. Nothing in this Section 22 deprives you of the benefit of any mandatory consumer protection law of the country in which you reside, or of the right to bring proceedings in the courts of that country where that right cannot be excluded by agreement. Where the law of your country of residence does not permit mandatory arbitration or the waiver of class or representative proceedings against a consumer, Sections 22.2, 22.5 and 22.6 do not apply to you, and any dispute may be brought before the competent courts of your place of residence.

22.10 Exceptions. Notwithstanding the above, either party may (i) bring an individual claim in small claims court, provided it remains an individual claim in that forum, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

22.11 Survival. This Section 22 survives termination of these Terms and any relationship between you and By Mikaye.

SECTION 23 - GOVERNING LAW AND VENUE

These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the laws of the State of New Jersey and applicable federal law of the United States, without regard to conflict of law principles.

Subject to Section 22, you and By Mikaye consent to the exclusive jurisdiction and venue of the state courts located in Essex County, New Jersey, and the United States District Court for the District of New Jersey, for any dispute not subject to arbitration. You and By Mikaye each waive any objection to venue in those courts on grounds of inconvenient forum.

If you reside outside the United States, Section 22.9 applies and nothing in this Section deprives you of the protection of mandatory laws of your country of residence.

SECTION 24 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such a determination shall not affect the validity and enforceability of the remaining provisions. Section 22.5 contains its own severability rule, which governs that Section.

SECTION 25 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies incorporated by reference in Section 1 and any operating rules we post, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior version of these Terms.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 26 - 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 attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 27 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 28 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to help@bymikaye.com.

By Mikaye help@bymikaye.com 1 Avalon Way, East Orange, NJ 07050 United States