These Terms of Use ("Terms") are an agreement between you and Wellness Forward Operations Co LLC, doing business as Koop Commons ("Koop Commons," "we," "us," or "our"). They govern your use of the website at koopcommons.com, the Koop Commons mobile application, and the ordering, rewards, and event features available through them (together, the"Services").
Please read these Terms carefully. By creating an account, placing an order, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
These Terms include an arbitration agreement and class action waiver in Section 16. It affects how disputes between you and Koop Commons are resolved.
1. Your account
To take part in the rewards program, you need an account. You agree to provide accurate information when you register and to keep it up to date. You are responsible for keeping your password confidential and for all activity that occurs under your account. Tell us right away at hello@koopcommons.com if you believe your account has been used without your permission.
You may have only one account. Accounts are personal to you and may not be shared, sold, or transferred. You can delete your account at any time from the account settings in the app. We may suspend or close your account if you violate these Terms or if we believe your account is being used fraudulently.
2. Ordering and pickup
Placing an order
When you place an order through the app, you are making an offer to purchase. Your order is accepted when we send you an order confirmation. We may decline or cancel an order for any reason, including item unavailability, pricing errors, or suspected fraud, and if we do we will refund any amount charged.
Prices and taxes
Prices are shown in U.S. dollars and may change without notice. Applicable sales tax is added at checkout. Prices in the app may differ from prices in the café. Any tip you add is optional and goes to café staff.
Payment
Payments are processed by Square, Inc. under Square's terms and privacy policy. By saving a payment method you authorize us to charge it for orders you place and any applicable taxes and tips. You confirm that you are authorized to use the payment method you provide.
Changes and cancellations
Because drinks are prepared to order, you may change or cancel an order only until preparation begins. After that, orders cannot be changed or cancelled and are not refundable, except as described below.
Pickup
Orders are available for pickup at 600 Sixth Avenue during posted café hours at the pickup time you select. Please collect your order within 30 minutes of the ready time. Orders not collected within that window may be discarded without refund. If you select a pickup time outside café hours, we will prepare your order for the next available time or cancel it and refund you.
Problems with an order
If your order is wrong, missing items, or not made to an acceptable standard, tell a team member at the café or email hello@koopcommons.com within 24 hours and we will remake the item, issue a credit, or refund you at our discretion.
Allergens
Our drinks and food are prepared in a shared kitchen and may contain or come into contact with milk, nuts, soy, wheat, and other allergens. Ingredient lists in the app are provided for reference. If you have a serious allergy, please ask a team member before ordering.
3. Nutrition information
Calorie and macronutrient figures shown in the app are estimates based on standard recipes and supplier data. Actual values vary with customizations, portioning, and ingredient sourcing. This information is provided for general reference only and is not medical, nutritional, or dietary advice. Consult a qualified professional before making decisions about your diet or health.
4. Rewards program
Koop Commons offers a rewards program through the app ("Rewards"). Rewards are earned on qualifying purchases made through your account and may be redeemed for the items or benefits we make available from time to time. The current earning and redemption rules are shown in the app.
Rewards have no cash value, cannot be sold or transferred, and cannot be combined with other offers unless we say otherwise. Rewards balances expire after 12 months of account inactivity. Rewards are forfeited if your account is closed, whether by you or by us.
We may change, suspend, or end the Rewards program, or change the earning and redemption rules, at any time. We will give reasonable notice in the app or by email of material changes. We may remove rewards that were earned in error or through fraud, abuse, or violation of these Terms.
5. Events
The app lets you view and RSVP to workshops, tastings, and other events. An RSVP does not guarantee entry if an event reaches capacity. Some events may require a ticket fee, which will be shown before you confirm. We may change or cancel events; if a paid event is cancelled, we will refund your ticket. Attendance at events is at your own risk, and you agree to follow the reasonable instructions of Koop Commons staff.
6. Communications and text messages
By creating an account you agree to receive transactional messages from us by email, push notification, and text message, such as order confirmations, order-ready alerts, and account notices.
If you opt in to marketing text messages, you agree to receive recurring automated promotional messages from Koop Commons at the phone number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time and HELP for help. Carriers are not liable for delayed or undelivered messages. You can also unsubscribe from marketing emails using the link in any email and manage push notifications in the app or device settings.
7. License and acceptable use
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on a mobile device you own or control, and to use the website, for your own non-commercial use in accordance with these Terms.
You agree not to: use the Services for any unlawful purpose; place fraudulent orders or use payment methods you are not authorized to use; create multiple accounts or use another person's account; attempt to earn Rewards through automated means, exploits, or misuse; copy, modify, reverse engineer, or create derivative works of the Services; use scrapers, bots, or other automated tools to access the Services; interfere with the security or operation of the Services; or upload content that is unlawful, harassing, or infringes the rights of others.
8. Intellectual property
The Services, including all software, design, text, images, logos, and the Koop Commons name and marks, are owned by Koop Commons or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license in Section 7, nothing in these Terms gives you any right to use our intellectual property.
If you send us feedback or suggestions about the Services, you agree that we may use them without restriction or compensation to you.
9. Third-party services and app stores
The Services rely on third-party services, including Square for payments and the Apple App Store and Google Play for app distribution. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them.
If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and Koop Commons only, not Apple; that Apple has no obligation to provide maintenance or support for the app; that Apple is not responsible for any product warranty, product liability, intellectual property, or consumer protection claim relating to the app; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
10. Termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services, with or without notice, if you violate these Terms, if we suspect fraud or abuse, or if we discontinue the Services. On termination, your license to use the app ends and any Rewards balance is forfeited. Sections 8 and 12 through 18 survive termination.
11. Changes to the Services and these Terms
We may change the Services, including the menu, prices, features, and Rewards program, at any time. We may also update these Terms. If we make material changes, we will notify you by email or through a notice in the app at least 14 days before they take effect. Your continued use of the Services after the effective date means you accept the updated Terms. If you do not agree, stop using the Services and delete your account.
12. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT NUTRITION INFORMATION WILL BE ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS WARRANTIES THAT APPLY BY LAW TO FOOD AND BEVERAGES SOLD TO YOU.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KOOP COMMONS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US THROUGH THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR BY FOOD OR BEVERAGES WE SELL.
14. Indemnification
You agree to defend, indemnify, and hold harmless Koop Commons and its owners, officers, employees, and contractors from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your violation of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.
15. Informal resolution
Most concerns can be resolved quickly by contacting us at hello@koopcommons.com. Before starting arbitration or a lawsuit, you agree to send us a written description of the dispute and give us 30 days to try to resolve it with you.
16. Arbitration agreement and class action waiver
Agreement to arbitrate
Except as stated below, you and Koop Commons agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The Federal Arbitration Act governs this Section. The arbitrator's award may be entered in any court of competent jurisdiction.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek an injunction in court to stop infringement or misuse of intellectual property.
Fees
Arbitration fees will be allocated under the AAA rules. If your claim is for less than $10,000, we will pay the filing and arbitrator fees unless the arbitrator finds the claim was frivolous.
Class action waiver
You and Koop Commons 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, or representative proceeding. The arbitrator may not consolidate claims of more than one person. If this class action waiver is found unenforceable as to a particular claim, that claim will proceed in court, not arbitration.
Opt-out
You may opt out of this arbitration agreement by emailing hello@koopcommons.com with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms. Include your name and the email address on your account. Opting out will not affect any other part of these Terms.
Jury waiver
To the extent a dispute proceeds in court rather than arbitration, you and Koop Commons each waive the right to a jury trial.
17. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Subject to Section 16, any dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of those courts.
18. General
These Terms, together with the Privacy Policy and any program rules shown in the app, are the entire agreement between you and Koop Commons regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of our business. You agree that we may provide notices to you electronically, at the email address on your account or through the app.
Notice to New York residents: complaints about the Services may be directed to the New York State Department of State, Division of Consumer Protection, at 1-800-697-1220 or dos.ny.gov.
19. Contact us
Wellness Forward Operations Co LLC (d/b/a Koop Commons)
600 Sixth Avenue, New York, NY 10011
hello@koopcommons.com