Terms and Conditions:
Last Updated: January 25, 2024
These Loyalty Program Terms and Conditions (these “Loyalty Terms”) wholly incorporate KITH’s Terms and Conditions (the “T&Cs”), including without limitation, the “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” section thereof. Any capitalized terms used in these Loyalty Terms but not otherwise defined will have the meaning given in the T&Cs.

1. Membership Eligibility and Overview
1.1. The Kith Loyalty Program (the “Program”) is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Program membership is available to individuals who are 18 years old or older, are able and competent to give KITH rights as detailed in these Loyalty Terms and to comply with these Loyalty Terms, and maintain a valid email address.
1.2. By becoming a Program member (a “Member”), you agree that you have read,
understood and agree to be bound by these Loyalty Terms and by any changes or
modifications we may make at any time, in our sole discretion and without prior notice to you. We encourage you to review these Loyalty Terms and the related policies frequently to understand the terms and conditions that apply to the Program, as we may change, limit and/or eliminate the Program, all or any portion of these Loyalty Terms, and/or any other policy that applies to the Program from time to time, in our sole discretion. By enrolling in the Program, you also agree to be bound by our Privacy Policy and the T&Cs, which are wholly incorporated herein by reference. If you do not agree to these Loyalty Terms, our Privacy Policy, and our T&Cs, you cannot participate in the Program. The Program is void where prohibited by law.

2. Program Enrolment
2.1. Eligible individuals can register for the Program by downloading the Kith App (the “App”) and either: (i) creating a new account through the App, or (ii) signing into the App using a pre-existing Kith account.
2.2. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Only one Program account may be associated with a single email address. Please see our Loyalty FAQs if you have two different email addresses associated with your accounts on Kith.com and/or the Kith App, so that you can maximize your points and benefits. In the event of a dispute over ownership of the Program membership account, the Member will be deemed to be the authorized account holder of the email address submitted at the time of enrolment. For purposes of these Loyalty Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. How the Program Works
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or engaging with the brand. Once enrolled in the Program, you are able to reach Program loyalty tiers by making eligible purchases, completing Achievements or checking in at designated Kith Moments (FAQs). Once you reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time in our discretion, and may be offered on a limited basis. The type, timing and availability of any reward will be determined by KITH in its sole discretion. Eligible purchases, Achievements, Moments and other opportunities to reach Program loyalty tiers are subject to change from time to time in our discretion and will be posted in your Kith Loyalty profile in the App, and/or may be published through other media (e.g., in marketing communications, social media, etc.).
3.2. Unless otherwise specified at the time of purchase, eligible transactions include regular priced and discounted merchandise purchased through Kith Stores, the Kith App and/or any regional Kith website, and exclude sales tax, state fees, shipping and delivery charges and/or other excluded charges we may specify from time to time.
3.3. For more information and answers to your questions about the Program, please review our FAQs.

4. Program Benefits and Rewards
4.1. Program benefits will be made available in our sole discretion. Any rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchases credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Loyalty Terms. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
4.2. We reserve the right to change Program benefits, how you reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier level, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
4.3. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Customer Service at customerservice@kith.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
4.4. For more information about Program benefits and rewards, please review our FAQs
For full benefits, view the Kith Loyalty Program page.

5. Program Communications
5.1. Unless you have opted-out of receiving marketing communications, we may
communicate with you about the Program through email and push notifications on the Kith App, including with respect to special Member promotions, offers, and more. We may also use these channels to notify you when you are eligible for a benefit, communicate Program changes, and more.
5.2. You may opt-out of receiving such marketing emails at any time by following the instructions provided in the email or as otherwise provided in our Privacy Policy. Please note that even if you opt-out of receiving marketing or promotional communications, we may continue to send you transactional emails (e.g., notice emails and non-marketing or non-promotional emails), such as those about your account, transactions, membership in the Program or our business.

6. Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We may, in our
discretion, cancel, modify, restrict or terminate these Loyalty Terms, and/or the
Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program (including, without limitation, purchases by resellers), failure to follow any Loyalty Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Loyalty Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, may result in the suspension or revocation of your membership and make you ineligible for further participation in the Program. If your membership is suspended or revoked, any rewards or benefits in your account will automatically become unavailable and your access to the Program and features will automatically be suspended or terminate, as applicable. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Loyalty Terms, we also have the right to take appropriate legal action, in our sole discretion.
6.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by deleting your account in the Settings tab of the Kith App.

7. Privacy
7.1. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our Privacy Policy.
7.2. California Residents: The Program may be considered a “financial incentive” under California law. Please review our Privacy Policy to review our Financial Incentive Notice.

8. Contact Us
8.1. For information about the Program and your membership, please contact Customer Service at customerservice@kith.com. You will be required to confirm your full name and email address in order to validate your account.