Terms of service

TERMS OF SERVICE

BETTER90

A brand of Growth Daily LLC

Last Updated: [INSERT DATE]

OVERVIEW AND WHO YOU ARE BUYING FROM

The seller of record for all products sold through this store and website is Growth Daily LLC, a [INSERT STATE] limited liability company, doing business as BETTER90, BETTER, Better90 Sleep, and any other trade name, trade style, brand, or product line it owns or operates now or in the future (collectively, "BETTER90", "we", "us", and "our"). All references in these Terms to BETTER90, BETTER, or Better90 mean Growth Daily LLC and all of its trade names, trade styles, brands, and product lines.

BETTER90 operates this store and website, including all related information, content, features, tools, and functionality (the "Services"), and sells dietary supplements and related goods through the Services (the "Products"). Where these Terms refer to the Services, they also apply to the Products, and where these Terms refer to the Products, they also apply to any Product sold under any BETTER90 brand or trade name. BETTER90 is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services or purchase the Products. In these Terms, "you", "your", and "Customer" mean the person visiting, using, or purchasing through the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND COVER AREAS SUCH AS AUTOMATIC RECURRING BILLING ON A 90 DAY CYCLE, A NO REFUND AND NO CANCELLATION POLICY ONCE PAYMENT IS PROCESSED, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, BINDING ARBITRATION, AND A CLASS ACTION WAIVER.

By visiting, interacting with, or using our Services, or by purchasing any Product, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services or purchase our Products.

SECTION 1 - ACCESS, ACCOUNT, AND ELIGIBILITY

1.1 By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age and at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

1.2 To use the Services, including accessing or browsing our online stores or purchasing any of the Products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete, that you have all rights necessary to provide this information, and that you will promptly update it so that we can complete your transactions and contact you as needed.

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

1.4 You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, distribution, or export.

SECTION 2 - PRODUCT DESCRIPTIONS AND APPEARANCE

2.1 We have made every effort to provide an accurate representation of our Products in our online stores. Colors, packaging, labeling, and Product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

2.2 We do not warrant that the appearance or quality of any Product purchased by you will meet your expectations or be identical to the Product as depicted or rendered in our online stores.

2.3 All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue, reformulate, or repackage any Product at any time and may limit the quantities of any Product that we offer to any person, geographic region, or jurisdiction, on a case by case basis.

SECTION 3 - ORDERS AND ACCEPTANCE

3.1 When you place an order, you are making an offer to purchase. BETTER90 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until BETTER90 confirms acceptance. We must receive and process your payment before your order is accepted.

3.2 Please review your order carefully before submitting. Once payment has been processed, orders cannot be cancelled, changed, or refunded, as described in Section 6 below.

3.3 In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made.

SECTION 4 - 90 DAY SUPPLY AND AUTOMATIC RECURRING ORDERS

PLEASE READ THIS SECTION CAREFULLY. IT DESCRIBES AN AUTOMATICALLY RECURRING PURCHASE THAT WILL BE CHARGED TO YOUR PAYMENT METHOD EVERY 90 DAYS UNTIL YOU CANCEL.

4.1 90 Day Supply Only. BETTER90 sells its Products exclusively on a 90 day supply basis. Each order consists of a ninety (90) day supply of the Product. We do not offer single bottle, one time, trial size, or any other quantity or purchase format. By placing an order you acknowledge that you are purchasing a 90 day supply and enrolling in the recurring program described in this Section 4.

4.2 Automatic Recurring Orders. Every ninety (90) days following the date your initial order is processed, a new order for another 90 day supply will be automatically placed on your behalf and automatically charged to the payment method you have on file with us, without any further action by you and without any further notice except as required by applicable law. This will continue on a repeating 90 day cycle until you cancel in accordance with Section 4.5.

4.3 Authorization to Charge. By placing your initial order, you expressly authorize BETTER90 and its payment processors to store your payment method and to automatically charge that payment method the then current price of a 90 day supply, plus any applicable taxes, on each recurring 90 day billing date, until the program is cancelled. You agree to keep a valid, current payment method on file at all times. If your payment method is declined, expired, or otherwise unavailable, we may retry the charge, update your payment method through account updater services offered by your card network or issuer, or suspend or terminate your enrollment.

4.4 Pricing on Renewal. The amount charged on each recurring 90 day billing date will be the then current price for the 90 day supply. We reserve the right to modify recurring pricing upon advance notice as required by applicable law.

4.5 Cancellation Window. You may cancel your enrollment in the recurring program at any time up to twenty four (24) hours before your next scheduled 90 day charge is set to be applied to your payment method. Cancellations must be submitted through the cancellation method described on the Website. A cancellation received less than twenty four (24) hours before the next scheduled charge will not stop that charge, and the resulting order will be processed, shipped, and treated as final and non refundable under Section 6. A timely cancellation stops future charges only and does not entitle you to a refund of any charge already processed.

4.6 Your Responsibility to Track Billing Dates. You acknowledge that recurring charges will continue automatically unless cancelled before the deadline described in Section 4.5, and that it is your responsibility to be aware of your billing dates and to cancel in time if you do not wish to be charged.

SECTION 5 - PRICES, TAXES, AND BILLING

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

5.2 Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

5.3 You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores, and to promptly update your account information, including your email address, credit card numbers, and expiration dates.

5.4 You represent and warrant that (i) the credit card or other payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase and for the recurring charges described in Section 4, (iii) charges incurred by you will be honored by your card issuer or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

SECTION 6 - NO REFUNDS, NO CANCELLATION AFTER PAYMENT, AND NO CHARGEBACKS

ALL SALES ARE FINAL. BY PLACING AN ORDER YOU ACKNOWLEDGE AND AGREE THAT ONCE PAYMENT HAS BEEN PROCESSED, THE SALE IS FINAL AND NOT SUBJECT TO REFUND, RETURN, EXCHANGE, OR CANCELLATION.

6.1 No Refunds. Once your payment has been processed, you are not entitled to and expressly waive any right or ability to receive a refund, credit, return, exchange, or price adjustment for that order, whether in whole or in part, and whether the Product has been opened, used, or consumed.

6.2 No Cancellation After Payment. Once your payment has been processed, the order cannot be cancelled. The only cancellation right available to you is the right to cancel future recurring orders in accordance with Section 4.5, which must be exercised at least twenty four (24) hours before the next scheduled charge.

6.3 No Chargebacks. You agree that you will not initiate, file, or pursue any chargeback, payment dispute, payment reversal, or claim with your card issuer, bank, or payment provider in connection with any charge made in accordance with these Terms, and you expressly waive any right or ability to do so to the fullest extent permitted by applicable law and by the rules of the applicable card network. You agree that any dispute regarding a charge will instead be raised directly with BETTER90 and resolved in accordance with Section 24 (Binding Arbitration).

6.4 Consequences of a Chargeback. If you initiate a chargeback or payment dispute in breach of Section 6.3, you agree that BETTER90 may treat that action as a material breach of these Terms, may suspend or terminate your account and your enrollment in the recurring program, may decline to accept future orders from you, and may recover from you the amount charged back together with any fees, costs, or penalties assessed against BETTER90 by the card network, issuer, or payment processor as a result.

6.5 Nothing in this Section limits or waives any right that cannot be limited or waived under applicable law.

SECTION 7 - SHIPPING AND DELIVERY

7.1 Free Shipping. BETTER90 provides free standard shipping on all orders shipped within the United States. No separate shipping, handling, or fulfillment charge is added to your order at checkout. We reserve the right to modify or discontinue free shipping at any time, and any change will apply only to orders placed after the change is posted.

7.2 Delivery Estimates. All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers, customs processing, weather, supply chain disruptions, or other events outside our control.

7.3 Title and Risk of Loss. Once we transfer Products to the carrier, title and risk of loss pass to you, unless otherwise required by applicable law.

7.4 Address Accuracy. You are responsible for providing a complete and accurate shipping address. We are not responsible for orders that are undeliverable, misdelivered, lost, or stolen as a result of an incorrect or outdated address provided by you, and such orders are not eligible for refund or replacement.

SECTION 8 - INTELLECTUAL PROPERTY

8.1 Our Services and Products, including but not limited to all trademarks, service marks, trade names, trade styles, trade dress, brands, logos, wordmarks, designs, packaging, labels, container shapes, color schemes, slogans, taglines, text, copy, displays, images, graphics, artwork, illustrations, photographs, video, audio, software, website design, and the overall look and feel of the Services, and the design, selection, and arrangement thereof, are owned by BETTER90, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, trademark, trade dress, and other intellectual property laws.

8.2 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 of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, trade dress, copyright, or other intellectual property of BETTER90, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by BETTER90.

8.3 BETTER90's names, trade names, trade styles, trade dress, logos, graphics, packaging, product and service names, designs, and slogans are trademarks or protected trade dress of BETTER90 or its affiliates or licensors. You must not use them without the prior written permission of BETTER90. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 9 - OPTIONAL TOOLS

9.1 You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

9.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third party tools.

9.3 Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider or providers.

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

SECTION 10 - THIRD PARTY LINKS

10.1 The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third party functionality. We are not responsible for examining or evaluating the content or accuracy of any third party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

10.2 We are not liable for any harm or damages related to your access of any third party websites, or your purchase or use of any products, services, resources, or content on any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products and services should be directed to the third party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

BETTER90 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 BETTER90. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BETTER90, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BETTER90.

SECTION 12 - PRIVACY POLICY

12.1 All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies and agree to the collection, use, storage, and disclosure of personal information as described in them.

12.2 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 the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 13 - FEEDBACK, REVIEWS, AND USER CONTENT

13.1 If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, photographs, comments, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, irrevocable, sublicensable, royalty free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback in any medium for any lawful business purpose, including commercial use.

13.2 You represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

13.3 We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

13.4 You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive, or obscene content, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to Product descriptions, pricing, promotions, offers, transit times, and 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 without prior notice, including after you have submitted your order. If we cancel an order for this reason, your sole remedy is a refund of the amount charged for the cancelled order.

SECTION 15 - PROHIBITED USES

15.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BETTER90, Shopify, or users of the Services, or expose them to liability.

15.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, AI tool (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

15.3 We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 - AGENTS

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

16.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 16.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

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

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

SECTION 17 - TERMINATION

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

17.2 The following Sections continue to apply following any termination: 90 Day Supply and Automatic Recurring Orders (as to amounts already charged), No Refunds, No Cancellation After Payment, and No Chargebacks, Intellectual Property, Feedback, Reviews, and User Content, Termination, Medical and Regulatory Disclaimers, Disclaimer of Warranties, Limitation of Liability, Release, Indemnification, Attorneys' Fees, Binding Arbitration and Class Action Waiver, Governing Law and Venue, Severability, Waiver and Entire Agreement, Assignment, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 18 - MEDICAL AND REGULATORY DISCLAIMERS AND PROPER USE

18.1 Medical Disclaimer. The information provided on this Website, including all Product descriptions, educational materials, blog content, emails, advertisements, and customer communications, is provided solely for general informational purposes. Nothing contained on this Website is intended to constitute or substitute for professional medical advice, diagnosis, or treatment. Customers should always seek the advice of a licensed physician or other qualified healthcare provider regarding any medical condition or before beginning any dietary supplement regimen. Never disregard professional medical advice or delay seeking medical treatment because of information obtained from this Website.

18.2 FDA Disclaimer. The Products offered by BETTER90 are dietary supplements. Statements made regarding these Products have not been evaluated by the U.S. Food and Drug Administration. These Products are not intended to diagnose, treat, cure, or prevent any disease.

18.3 Healthcare Consultation. By purchasing or using any Product, Customer acknowledges that dietary supplements may not be appropriate for every individual. Customer represents that Customer has consulted, or had the opportunity to consult, with an appropriately licensed healthcare professional regarding the suitability of the Product, particularly if Customer is pregnant, nursing, taking prescription medications, has a known medical condition, or has allergies or sensitivities. Products are not sold to and are not intended for use by persons under eighteen (18) years of age.

18.4 Individual Results. Customer acknowledges that individual results from dietary supplements vary significantly based upon numerous factors, including genetics, health status, lifestyle, nutrition, medication use, and consistency of use. BETTER90 makes no representation, warranty, or guarantee regarding any specific outcome or result. Testimonials and customer reviews reflect individual experiences only and should not be interpreted as guarantees of future performance.

18.5 Proper Use of Products. Customer agrees to use all Products strictly in accordance with the instructions appearing on the Product label and accompanying materials. Customer shall not exceed the recommended serving size or use Products in a manner inconsistent with their intended purpose. If any adverse reaction occurs, Customer agrees to discontinue use immediately and seek appropriate medical attention.

18.6 Ingredient Responsibility. BETTER90 makes available ingredient information for each Product to assist Customers in making informed purchasing decisions. Customer acknowledges that it is Customer's sole responsibility to review all ingredient disclosures prior to purchase and use and to determine whether any ingredient may cause an allergic reaction, sensitivity, or other adverse response. BETTER90 is not responsible for Customer's failure to review ingredient information prior to purchase or consumption.

SECTION 19 - DISCLAIMER OF WARRANTIES

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

19.2 EXCEPT AS EXPRESSLY STATED BY BETTER90 OR AS EXPRESSLY REQUIRED BY APPLICABLE LAW, 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, ACCURACY, UNINTERRUPTED AVAILABILITY, 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

20.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE IS BETTER90, GROWTH DAILY LLC, OR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, MANUFACTURERS, SUPPLIERS, DISTRIBUTORS, LICENSORS, SUCCESSORS, OR ASSIGNS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, 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.

20.2 IN NO EVENT DOES THE TOTAL AGGREGATE LIABILITY OF BETTER90 AND THE PARTIES LISTED IN SECTION 20.1 EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT GIVING RISE TO THE CLAIM.

20.3 Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

SECTION 21 - RELEASE

To the fullest extent permitted by applicable law, you hereby release, acquit, and forever discharge BETTER90, Growth Daily LLC, and each of our parents, subsidiaries, affiliates, partners, members, managers, owners, officers, directors, employees, agents, contractors, service providers, manufacturers, suppliers, distributors, licensors, insurers, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, damages, losses, liabilities, actions, and causes of action of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or relating to the Products, the Services, your purchase or use of any Product, or these Terms.

SECTION 22 - INDEMNIFICATION

22.1 You agree to indemnify, defend, and hold harmless BETTER90, Growth Daily LLC, Shopify, and each of our parents, subsidiaries, affiliates, partners, members, managers, owners, officers, directors, employees, agents, contractors, service providers, manufacturers, suppliers, distributors, licensors, successors, and assigns from any losses, damages, liabilities, or claims payable to any third party due to or arising out of (1) your breach of these Terms of Service 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 or any Product.

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

SECTION 23 - ATTORNEYS' FEES

Except where an award of attorneys' fees is expressly required by an applicable federal or state statute, each party is responsible for and bears its own attorneys' fees, expert fees, and costs incurred in connection with any dispute, claim, arbitration, or proceeding arising out of or relating to these Terms, the Services, or any Product, regardless of outcome. No provision of these Terms shall be construed as entitling any party, including any prevailing party, to recover attorneys' fees from the other.

SECTION 24 - BINDING ARBITRATION AND CLASS ACTION WAIVER

24.1 Binding Arbitration. Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Services, or any Product purchased from BETTER90 shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its applicable Consumer Arbitration Rules. Judgment upon the arbitration award may be entered in any court having competent jurisdiction.

24.2 Class Action Waiver. Customer agrees that all claims shall be brought solely in Customer's individual capacity and not as a plaintiff or class member in any purported class action, representative proceeding, consolidated action, or private attorney general action. Customer expressly waives any right to participate in any class or representative proceeding to the fullest extent permitted by law.

SECTION 25 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Products or Services are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Subject to the arbitration provisions in Section 24, any proceeding permitted to be brought in court shall be brought exclusively in the state or federal courts located within Orange County, California, and you and BETTER90 consent to venue and personal jurisdiction in such courts.

SECTION 26 - FORCE MAJEURE

BETTER90 is not liable for any delay or failure to perform any obligation under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, labor disputes, transportation interruptions, supplier failures, cyberattacks, utility outages, or other events beyond its reasonable control.

SECTION 27 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed severed from these Terms of Service. Such determination does not affect the validity and enforceability of any other remaining provisions.

SECTION 28 - WAIVER AND ENTIRE AGREEMENT

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

28.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services and your purchase of the Products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

28.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 29 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 30 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 31 - CHANGES TO TERMS OF SERVICE

31.1 You can review the most current version of the Terms of Service at any time on this page.

31.2 We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services, or your continued enrollment in the recurring program described in Section 4, following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 32 - Refund Policy & BETTER90 90-Day Challenge

General Refund Policy

Except as expressly provided under the BETTER90 90-Day Challenge Guarantee below, all sales are final and BETTER90 does not offer refunds, returns, credits, or exchanges for products that have been shipped or delivered, including because a customer changes their mind, does not like the product, does not use the product, or does not experience their desired or expected results.

The BETTER90 90-Day Challenge Guarantee is the sole voluntary satisfaction-based refund program offered by BETTER90. Purchasing a product does not automatically entitle a customer to a refund. To receive a refund under the Guarantee, the customer must satisfy all eligibility requirements described below.

Nothing in this Refund Policy or Guarantee limits any rights or remedies available to a consumer that cannot legally be waived or limited under applicable law, including rights relating to defective, damaged, incorrectly shipped, or otherwise nonconforming products where applicable.

BETTER90 90-Day Challenge Guarantee

BETTER90 offers a limited, conditional 90-Day Challenge Guarantee to eligible first-time purchasers who complete and document the BETTER90 90-Day Challenge in accordance with the requirements below.

To qualify for a refund under the Guarantee, all of the following requirements must be satisfied:

1. Complete the 90-Day Challenge.
The customer must use the applicable BETTER90 product consistently throughout the 90-day Challenge period and in accordance with the directions for use appearing on the product label.

2. Document at Least 60 Separate Challenge Days.
The customer must contemporaneously document use of the product on at least 60 separate calendar days during the applicable 90-day Challenge period.

For each qualifying day, the customer must take a photograph that clearly shows: (a) the customer; and (b) the BETTER90 gummies being taken or otherwise clearly shown as part of that day's use.

Each photograph must represent a different calendar day. Multiple photographs from the same calendar day count as only one qualifying day.

The photographs must have been created contemporaneously during the Challenge and must contain original date information, metadata, or other reasonably verifiable evidence sufficient for BETTER90 to determine that the photographs were taken on at least 60 separate days during the applicable Challenge period.

Photographs created after the applicable day for the purpose of recreating documentation, or photographs that are materially altered, duplicated, manipulated, falsified, or otherwise cannot reasonably be verified, will not satisfy this requirement.

3. Provide Proof of Completion.
After completing the Challenge, the customer must submit a separate photograph clearly showing the empty BETTER90 bottle used during the Challenge, together with the customer's order number or other reasonably requested information sufficient to identify and verify the qualifying purchase.

4. Submit All Documentation.
The customer must submit all required documentation, including the photographs documenting at least 60 separate Challenge days and the photograph of the empty bottle, by email to contact@better90.com

The submission must include the customer's full name, qualifying order number, and a statement confirming that the customer completed the 90-Day Challenge and is not satisfied with the product.

5. Claim Window.
Guarantee claims may be submitted only after completion of the 90-day Challenge and must be received by BETTER90 no later than 120 days following the purchase of the qualifying order.

Claims submitted before completion of the 90-day Challenge or more than 120 days following the date of the qualifying purchase are not eligible for the Guarantee.

6. Eligibility and Limitations.
The Guarantee:

• applies only to the customer's first qualifying purchase of the applicable BETTER90 product purchased directly from BETTER90;

• is limited to one Guarantee refund per customer and household;

• may not be claimed more than once by the same customer or household, including for different BETTER90 products;

• does not apply to subsequent purchases, subscription renewals, replacement orders, complimentary products, promotional products, or products purchased from third-party sellers;

• is non-transferable; and

• is available only when all material eligibility requirements described in this Guarantee have been timely satisfied.

Verification of Guarantee Claims

BETTER90 reserves the right to reasonably verify the authenticity, timing, completeness, and eligibility of any Guarantee claim and supporting documentation and may request reasonable additional information when necessary to verify a claim.

Documentation that is materially false, fraudulent, manipulated, duplicated, fabricated, incomplete, or otherwise cannot reasonably establish satisfaction of the Guarantee requirements may be rejected.

BETTER90 will not deny an otherwise valid Guarantee claim solely because of an immaterial or technical defect that does not reasonably affect BETTER90's ability to determine whether the customer satisfied the substantive requirements of the Guarantee.

Eligible Refunds

If BETTER90 determines that a customer has satisfied the requirements of the 90-Day Challenge Guarantee, BETTER90 will refund the amount actually paid for the qualifying product to the original payment method, subject to applicable law.

No satisfaction-based refund will be issued to a customer who does not satisfy the requirements of the BETTER90 90-Day Challenge Guarantee described above.

Shipping charges, expedited shipping fees, and other non-product charges are [NONREFUNDABLE / COUNSEL TO CONFIRM], except where otherwise required by applicable law.

Approval or denial of a Guarantee claim does not affect any separate rights a customer may have under applicable law.

SECTION 33 - CONTACT

Questions about these Terms of Service, or requests to cancel the recurring program described in Section 4, should be sent to us at contact@better90.com or 5120 Campus Drive, Newport Beach, CA 90066.