Terms of service
Last Updated: April 9, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS.
ABOUT FKN NUTS
This website (getfknnuts.com) is operated by FKN Nuts, a small-batch artisan snack company based in Austin, Texas. Throughout these Terms, "FKN Nuts," "we," "us," and "our" refer to the company. "You" and "your" refer to the user, customer, or visitor. We make bold, small-batch spicy pistachios — and we take our legal obligations just as seriously as our heat levels.
We are committed to ethical data practices. We do not sell, rent, lease, or trade your personal information to third parties for profit. Ever.
SECTION 1 — ACCEPTANCE OF TERMS
By visiting getfknnuts.com and/or purchasing from us, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Refund Policy, and Shipping Policy, all of which are incorporated herein by reference. These Terms apply to all users including browsers, customers, and vendors.
If you do not agree to these Terms, you must not access or use this website.
We reserve the right to update these Terms at any time by posting revisions to this page. The "Last Updated" date above will reflect any changes. Continued use of the website after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review this page periodically.
SECTION 2 — ELIGIBILITY AND ACCOUNT RESPONSIBILITY
By using this site, you confirm that you are at least 18 years of age, or that you are the age of majority in your jurisdiction and have parental or legal guardian consent to use this site.
You agree to provide accurate, current, and complete information when placing an order or creating an account. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account. Notify us immediately at info@getfknnuts.com if you suspect unauthorized access.
We reserve the right to refuse service, cancel orders, or terminate accounts at our sole discretion, including for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
SECTION 3 — PRODUCTS AND PRICING
3.1 Product Descriptions We make every effort to display our products and their attributes — including flavors, heat levels, ingredients, weight, and imagery — as accurately as possible. However, we do not warrant that product descriptions, images, pricing, or other content is complete, accurate, reliable, or error-free.
3.2 Spicy Food Warning FKN Nuts products contain extremely hot peppers including ghost peppers (Bhut Jolokia) and Carolina Reaper peppers, which can cause significant physical discomfort including intense oral burning, gastrointestinal distress, sweating, and temporary pain. By purchasing our products, you acknowledge the inherent risks of consuming extremely spicy food and agree that FKN Nuts is not liable for any discomfort, allergic reaction, or adverse physical effects resulting from consumption.
3.3 Allergen Notice Our products contain tree nuts (pistachios). They are produced in a facility that may also process other allergens. If you have nut allergies or food sensitivities, consult your physician before purchasing or consuming our products.
3.4 Pricing All prices are listed in U.S. dollars. Prices are subject to change at any time without notice. We reserve the right to limit quantities, discontinue products, or modify product offerings at any time.
3.5 Availability We operate primarily as a direct-to-consumer online store. Products may have limited availability. We reserve the right to limit sales to any person, geographic region, or jurisdiction.
SECTION 4 — ORDERS AND PAYMENT
4.1 Order Acceptance Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. An order is not confirmed until you receive an order confirmation email from us.
4.2 Payment We accept major credit cards, debit cards, and any other payment methods displayed at checkout. Our store is hosted on Shopify Inc., which processes payments using industry-standard SSL encryption. We do not store full credit card numbers on our servers.
4.3 Order Cancellations and Modifications Orders begin processing quickly. If you need to cancel or modify an order, contact us immediately at info@getfknnuts.com. We cannot guarantee that changes can be made after an order has entered fulfillment.
4.4 Taxes Applicable sales taxes will be calculated and added to your order total at checkout based on your shipping address and applicable state and local tax laws.
4.5 Fraud Prevention We reserve the right to cancel orders we suspect are fraudulent, place quantity limits on purchases, and restrict or refuse service to any customer whose account shows signs of fraudulent activity.
SECTION 5 — SHIPPING AND DELIVERY
Shipping terms, estimated delivery times, carriers used, and policies on lost or damaged shipments are governed by our Shipping Policy, available at getfknnuts.com/policies/shipping-policy. By placing an order, you agree to the terms set forth in that policy.
Risk of loss and title for products purchased from FKN Nuts pass to you upon our delivery of the products to the carrier.
SECTION 6 — RETURNS AND REFUNDS
Our return and refund terms are governed by our Refund Policy, available at getfknnuts.com/policies/refund-policy. By placing an order, you agree to the terms set forth in that policy.
SECTION 7 — INTELLECTUAL PROPERTY
All content on getfknnuts.com — including but not limited to text, images, graphics, logos, product names, flavor names, slogans, video, audio, and the overall "look and feel" of the site — is the exclusive property of FKN Nuts or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
"FKN Nuts," "Devil's Dillight," "Ghost Ranch," "Seoul Reaper," and associated brand elements are trademarks or trade dress of FKN Nuts. Unauthorized use is strictly prohibited.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this website or its content without our express written permission.
SECTION 8 — USER CONDUCT AND PROHIBITED USES
You agree not to use this site or its content:
For any unlawful purpose or to solicit others to perform unlawful acts. To violate any applicable federal, state, local, or international law or regulation. To infringe upon or violate the intellectual property rights of FKN Nuts or any third party. To harass, abuse, defame, threaten, or discriminate against any individual or group. To submit false, misleading, or fraudulent information. To upload or transmit malware, viruses, or any destructive code. To collect or harvest personal information of other users. To engage in scraping, spidering, crawling, phishing, spamming, or pretexting. To interfere with or circumvent the security of this website or its underlying infrastructure. To impersonate FKN Nuts, our employees, or any other person or entity.
Violation of any of these prohibited uses may result in immediate termination of access to our services and may be reported to appropriate law enforcement authorities.
SECTION 9 — THIRD-PARTY LINKS AND SERVICES
Our website may contain links to third-party websites or services. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party site. Your use of third-party sites is at your own risk and is subject to their terms and policies.
Our store platform is hosted by Shopify Inc. (shopify.com). Email marketing is managed through Mailchimp. SMS marketing is managed through our SMS provider. Use of these services is also subject to their respective terms.
SECTION 10 — USER SUBMISSIONS AND REVIEWS
If you submit reviews, comments, photos, or other content to our website or social media channels ("Submissions"), you grant FKN Nuts a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such Submissions in any medium, including for marketing and promotional purposes.
You represent that your Submissions are original, do not infringe any third-party rights, and are not defamatory, obscene, or otherwise objectionable.
We reserve the right to remove any Submission at our sole discretion without notice.
SECTION 11 — SMS/MMS MOBILE MARKETING PROGRAM
11.1 Program Description By subscribing to FKN Nuts SMS notifications, you consent to receive recurring automated marketing messages and shopping cart reminder messages at the phone number you provide. Consent is not a condition of purchase.
11.2 Cancellation Text STOP at any time to unsubscribe. You will receive a confirmation message and no further messages will be sent. To re-subscribe, sign up again through our website.
11.3 Help Text HELP for assistance or contact us at info@getfknnuts.com.
11.4 Carrier Liability Carriers (AT&T, Verizon, T-Mobile, etc.) are not liable for delayed or undelivered messages.
11.5 Rates Message and data rates may apply. Contact your wireless carrier for details about your plan.
11.6 Data Use We will only use information you provide through the SMS program to transmit mobile messages and respond to you. We do not sell, rent, loan, trade, lease, or otherwise transfer phone numbers or SMS subscriber data to any third party for profit.
SECTION 12 — EMAIL MARKETING
By opting in to our email list, you consent to receive marketing emails from FKN Nuts. You may unsubscribe at any time by clicking the "Unsubscribe" link in any email or contacting us at info@getfknnuts.com. We handle email data in accordance with our Privacy Policy.
SECTION 13 — PRIVACY AND DATA
Your personal information is governed by our Privacy Policy at getfknnuts.com/policies/privacy-policy. As stated in that policy, we do not sell your personal data to third parties.
SECTION 14 — DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
We do not warrant that this website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on this site.
SECTION 15 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FKN NUTS, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR OUR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
Some states do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
SECTION 16 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FKN Nuts and its owners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of the website or products; (c) your violation of any law or the rights of a third party; or (d) any content you submit to us.
SECTION 17 — GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Governing Law These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles.
17.2 Dispute Resolution Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our website or products shall first be addressed through good-faith negotiation. If the parties cannot resolve the dispute informally within 30 days, the dispute shall be submitted to binding arbitration in Austin, Texas, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.
17.3 Class Action Waiver You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as part of a class, consolidated, or representative action.
17.4 Exceptions Nothing in this section limits either party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
SECTION 18 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
SECTION 19 — WAIVER
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver in one instance does not constitute a waiver in any future instance.
SECTION 20 — ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and FKN Nuts with respect to your use of this website and purchase of our products, and supersede all prior agreements, communications, and proposals between us.
SECTION 21 — TERMINATION
These Terms are effective until terminated. We may terminate or suspend your access to the website immediately, without notice, for any breach of these Terms or for any conduct we deem harmful to us, other users, or third parties. Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
SECTION 22 — CONTACT INFORMATION
For questions about these Terms of Service, please contact:
FKN Nuts Austin, Texas Email: info@getfknnuts.com Website: getfknnuts.com
