Terms of Service

“Content” means all text, graphics, images, logos, packaging, designs, audio, video, software, code, data, and other materials on the Services or associated with the Products, whether owned by us or licensed to us. “User-Generated Content” means content that users submit, upload, or post to the Services. “Services” and “Products” have the meanings given above. “You” and “your” refer to the user; “we,” “us,” and “our” refer to Vita Pop and its affiliates.

You must be at least the age of majority in your jurisdiction of residence (and at least 16 to register an account) to use the Services or purchase Products. If you are under the age of majority, you may use the Services only with the involvement of a parent or guardian, who is responsible for your use and agrees to these Terms on your behalf. We may require proof of eligibility at any time.

Certain features require an account. You agree to provide accurate, current, and complete information when creating and maintaining an account and to update it as needed. You are responsible for safeguarding your account credentials, for all activity under your account, and for ensuring that others do not use your account without authorization. Notify us promptly of any unauthorized access or other security concern. We may suspend or terminate accounts, or require password resets, at our discretion.

You agree to use the Services lawfully and in compliance with these Terms. You will not, and will not authorize others to:

• Use the Services for unlawful, fraudulent, deceptive, or abusive purposes;
• Misuse Products, including consumption contrary to label instructions or applicable law;
• Infringe our or others' intellectual property or other rights;
• Scrape, crawl, spider, harvest, or extract data from the Services without permission;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or algorithms, except to the extent permitted by applicable law;
• Use bots, scripts, automated tools, or similar means to access or interact with the Services without our express permission;
• Interfere with or disrupt the Services, servers, networks, APIs, or operations, including through denial-of-service attacks or introducing malware;
• Submit deceptive, infringing, defamatory, or unlawful User-Generated Content;
• Attempt to gain unauthorized access to any portion of the Services or related systems;
• Circumvent, disable, or interfere with security, rate limits, or access controls.

We do not guarantee that the Services will be available, uninterrupted, timely, secure, or error-free. The Services may experience interruptions, delays, software bugs, maintenance, updates, outages, or capacity limitations. We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability. You acknowledge that the Internet and third-party systems may be unreliable and that service quality may vary.

By placing an order, you offer to purchase Products subject to these Terms and the applicable product and order details. All orders are subject to acceptance, verification, availability, and these Terms. We may refuse or cancel any order, in whole or in part, at our discretion, including where we suspect fraud, payment issues, pricing errors, quantity or inventory inaccuracies, prohibited discount or coupon use, or violation of these Terms. Promotions, coupons, and discounts may not be combined, may be limited per customer, and may be revoked or refused where we detect abuse. We reserve the right to limit quantities and refuse service, refunds, or repeat orders in our discretion.

We make efforts to present accurate prices, descriptions, and availability, but we do not warrant that any information is error-free. Prices, availability, descriptions, packaging, formulas, ingredients, flavors, and nutritional information may change at any time without notice. We reserve the right to correct typographical, photographic, or pricing errors, to cancel orders affected by such errors, and to make product substitutions of equal or greater value where necessary. We may limit or restrict product availability by market, store, region, customer, or other criteria.

We may verify orders for fraud, identity, payment, address, shipping feasibility, and compliance, and may contact you for additional information. We may delay, hold, split, partially ship, modify, or cancel orders (including after acceptance), and may decline refunds for orders cancelled due to suspected fraud or policy violation, except as required by applicable law.

Delivery estimates are not guaranteed. We are not responsible for carrier, weather, customs, or other delays or disruptions outside our control. Title and risk of loss pass to you when Products leave our facility, except in jurisdictions where the passing of risk cannot be altered by contract, in which case the applicable statutory rule governs. We are not liable for lost, damaged, stolen, misdelivered, or delayed packages after they leave our facility, beyond what applicable law requires. Additional shipping terms may apply at checkout or for specific offers.

Because our Products are consumable, and except where applicable law requires otherwise, all sales of consumable Products are final, and we do not accept returns, exchanges, or issue refunds for reasons including buyer's remorse, taste dissatisfaction, or minor product variations. For non-consumable Products, return eligibility, if any, will be stated at the point of sale or per applicable law. We may, at our sole discretion, offer replacements or store credit for Products that arrive damaged, spoiled, or incorrect if you notify us within 48 hours of delivery with photographic evidence. Refunds, where required by applicable law or provided at our discretion, may take time to process and may be credited to the original payment method.

We reserve the right to change Product packaging, formulas, ingredients, flavors, nutritional information, sizes, and specifications at any time without notice. Product images and marketing materials are illustrative only; actual colors, appearance, and details may vary. Limited editions may never return, and any Product may be discontinued or modified at any time. Availability may vary by market and channel. You are responsible for reviewing packaging and labels for accurate, current information at the time of consumption.

Our Products are food and beverages and, unless specifically approved by the appropriate regulatory authority, are not intended to diagnose, treat, cure, or prevent any disease or condition. Statements regarding nutritional content, functional benefits, or ingredients are for educational and informational purposes only and are not medical advice. Individual experiences and results may differ. You are responsible for reviewing ingredients and allergen information, considering your own allergies, medical conditions, medications, and dietary needs, and consulting a qualified healthcare professional when appropriate, especially if pregnant, nursing, taking medication, or managing a health condition. Do not rely on our content as a substitute for professional medical advice, diagnosis, or treatment.

Subscriptions, memberships, loyalty, rewards, and referral programs may have additional terms presented at enrollment. Subscription billing recurs as disclosed until cancelled under the disclosed process; you authorize recurring charges and may cancel as described in the applicable program terms or as required by law. We may modify benefits, points, tiers, pricing, and terms at any time, and may expire, suspend, or forfeit points or rewards for inactivity, fraud, or policy violations. Points and rewards generally have no cash value unless stated and may not be transferred except as permitted.

Promotions, coupons, and sweepstakes are subject to these Terms, their official rules, and applicable law. We may reject, revoke, or invalidate promotions, coupons, or entries for fraud, abuse, manipulation, or violation of rules or these Terms. Where prohibited or restricted by law, promotions and sweepstakes are void. We reserve the right to limit or discontinue promotions at any time.

By submitting User-Generated Content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive license to use, host, store, reproduce, modify, create derivative works of, display, perform, distribute, analyze, and otherwise exploit that content for any business purpose, including development and improvement of the Services, Products, and our AI Features, to the extent permitted by applicable law. You represent that you own or have rights to the content and that it does not infringe third-party rights or contain unlawful, infringing, defamatory, deceptive, or harmful material. We may review, edit, moderate, or remove User-Generated Content at our discretion, and may use your submissions without compensation.

All Content, and all copyrights, trademarks, service marks, trade names, logos, trade dress, designs, patents, trade secrets, and other intellectual-property rights in or associated with the Services or Products — including packaging, designs, product names, artwork, photography, videos, marketing materials, AI-generated assets, databases, software, and website code — are owned by or licensed to Vita Pop and protected by applicable laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to access and use the Services as permitted. Unauthorized use, copying, reproduction, modification, or distribution is prohibited.

Any software, APIs, SDKs, or AI Features provided through the Services are licensed, not sold, and may be subject to additional terms. We may change, limit, or discontinue APIs or AI Features at any time. We may impose rate limits, usage policies, and technical restrictions. AI outputs may be inaccurate, incomplete, biased, or unsuitable; you are responsible for evaluating and acting on AI outputs, and you should not rely on them for critical or regulated decisions without independent verification and, where appropriate, professional advice.

Our collection and use of your information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services or Products, you consent to data practices described in the Privacy Policy.

Text Message Program

By opting in you agree to receive recurring automated promotional and personalized marketing text messages from Vita Pop US LLC at the number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance. Consent is not a condition of purchase.

EXCEPT AS REQUIRED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE, OR THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY RESULT. ANY RELIANCE ON THE SERVICES OR PRODUCTS IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VITA POP OR ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, INCLUDING PURCHASES, USE, INABILITY TO USE, LOSS OF PRODUCTS, OR ANY INTERACTION WITH US, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VITA POP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, IN WHICH CASE THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

You agree to indemnify, defend, and hold harmless Vita Pop and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any claims, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your access to or use of the Services or Products, your User-Generated Content, your violation of these Terms or applicable law, or your misuse of Products, to the fullest extent permitted by law.

The Services may include or link to third-party websites, services, content, integrations, carriers, payments, or advertisements that we do not control. We are not responsible for third-party content, services, availability, accuracy, or practices, and your interactions with third parties are solely between you and them. We disclaim liability for third-party content and services to the fullest extent permitted by law.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, weather, pandemics or health emergencies, war, terrorism, civil unrest, labor disputes, transportation or carrier disruptions, supply-chain disruptions, supplier or ingredient shortages, governmental actions, utility or network failures, or other events outside our control. We may suspend or modify performance during such events.

Except where prohibited by law and subject to the exceptions below, any dispute, claim, or controversy arising out of or relating to the Services, Products, or these Terms (“Dispute”) will be resolved through final, binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Miami-Dade County, Florida. The arbitrator, not a judge or jury, will decide the Dispute. You and Vita Pop each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding (“Class proceeding”). The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any Class proceeding. If you do not agree to arbitration and the Class proceeding waiver, you must not use the Services or Products.

Either party may bring an action in a small-claims court of competent jurisdiction, if permitted, without first submitting to arbitration. The parties will attempt in good faith to resolve Disputes informally before requesting arbitration; you must send a written notice of your Dispute to our contact information below, and we will try to resolve it. The statute of limitations and any filing deadlines apply to all Disputes.

You and Vita Pop waive any right to a jury trial and to participate in a Class proceeding. All Disputes must be brought in the parties' individual capacity to the extent enforceable. Any claim that this Class proceeding waiver is unenforceable, invalid, or void will not invalidate the remainder of the arbitration provision. To the extent any party is permitted by law to opt out of arbitration, it must do so in writing within 30 days of the dispute arising, subject to applicable law. If a court of competent jurisdiction finds any portion of this arbitration or Class proceeding waiver unenforceable as to a particular claim or relief, that portion will not apply, and the parties may elect to litigate the specific issue in a court of competent jurisdiction in Miami-Dade County, Florida for that limited purpose only. Unless you opt out as described in any notice we provide (where required by law) and to the extent permitted by law, this provision applies.

These Terms and any dispute relating to the Services or Products, except to the extent resolved in arbitration as provided above, are governed by the laws of the State of Florida, without regard to its conflict-of-laws provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, for any matter that is not subject to arbitration.

You agree that any claim or cause of action arising out of or related to the Services or Products must be commenced within the shortest period allowed by applicable law after the cause of action accrues; otherwise the claim is permanently barred. The shorter of the applicable statutory period or one (1) year will apply except where a shorter period is required by law.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified only to the extent necessary to make it enforceable.

Survival

Provisions that by their nature should survive termination will survive, including without limitation ownership, warranties, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general provisions.

Assignment

You may not assign or transfer these Terms or your rights under them without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, asset sale, or otherwise. These Terms bind and benefit permitted assigns and successors.

Entire Agreement

These Terms, together with the Privacy Policy and any additional program or order terms provided at enrollment or checkout, constitute the entire agreement between you and Vita Pop regarding the Services and Products and supersede prior or contemporaneous understandings.

Electronic Signatures and Electronic Communications Consent

You agree that your use of the Services, your electronic transmissions to us, and your acceptance of these Terms constitute electronic signatures and records. You consent to receive notices and communications electronically, and agree that electronic copies of these Terms and related documents are valid and admissible.

No Waiver

Our failure to enforce any right or provision is not a waiver. No waiver is effective unless in writing.

These Terms are drafted broadly to automatically cover all current and future Vita Pop offerings, regardless of category, including (without limitation) additional beverage categories, functional beverages, energy drinks, sparkling beverages, ready-to-drink products, nutritional products, merchandise, digital products, software, AI products, mobile applications, and subscription services, as well as any future acquisitions, international expansion, new sales channels, and technologies not yet developed. By using any such future Services or Products, you agree to these Terms, and we may add specific terms as needed for particular offerings without amending these Terms except to the extent required by law.

We may modify these Terms at any time at our discretion. We will post the updated Terms with the effective date and last updated date and may provide additional notice where required by law. Your continued access to or use of the Services or Products after changes become effective constitutes acceptance of the updated Terms. Where required by law, we will obtain your consent before material changes take effect.

If you have questions about these Terms, please contact us at: