TERMS AND CONDITIONS OF SALE (U.S. / TEXAS)

2. Eligibility; U.S.-Only Sales; Age Requirement

United States only. The Products are offered for sale and shipment only to addresses within the United States. We do not sell or ship internationally.

Minimum age 18+. You must be at least 18 years old to purchase Products or enroll in a Subscription. By placing an order or enrolling in a Subscription, you represent and warrant that you are at least 18 years old.

Authority. You represent and warrant that you have the legal capacity and authority to enter into these Terms and to use the payment method you provide.

3. Dietary Supplement Notice; No Medical Advice; FDA/FTC Disclosures

Dietary supplement. The Products are dietary supplements and are not drugs.

No disease claims; general wellness only. Product information and marketing may use general wellness language (e.g., mood, relaxation). The Products are not marketed to diagnose, treat, cure, or prevent any disease.

FDA disclaimer. Statements on the Site have not been evaluated by the U.S. Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

No medical advice. Information provided on the Site (including product descriptions, FAQs, blogs, social content, or customer support communications) is for general informational purposes only and is not medical advice. You should consult a qualified healthcare professional before using the Products, especially if you have a medical condition, are pregnant or nursing, or take medications.

Results vary. Individual experiences may vary. No statement on the Site is a guarantee of results.

4. Kava-Specific Health & Suitability Disclaimers

Kava (Piper methysticum) is a botanical ingredient. You acknowledge and agree that:

• Not for certain individuals. Do not use the Products if you are pregnant or nursing, have liver disease or liver problems, have been advised to avoid kava, or are sensitive to kava or similar botanicals.
• Medication interactions and sedation. Kava may cause drowsiness and may interact with certain medications and substances, including sedatives and other products that cause drowsiness. Consult a healthcare professional before use if you take any medications or supplements.
• Avoid alcohol and impairment risks. Even though the Products contain no alcohol and no caffeine, do not combine use with alcohol or engage in activities requiring alertness (including driving or operating machinery) if you feel drowsy or impaired.
• Discontinue if adverse effects occur. Stop use and consult a healthcare professional if you experience any adverse reaction or concerning symptoms.
• You assume responsibility. You are solely responsible for determining whether the Products are suitable for you.

5. Contract Formation (Offer, Acceptance, Confirmation)

Site listings are not an offer. Product listings, pricing, and availability on the Site are invitations for you to make an offer to purchase and do not constitute a binding offer by the Company.

Your order is an offer. When you place an order, you are making an offer to purchase Products subject to these Terms.

Order Confirmation is not acceptance. An Order Confirmation acknowledges that we received your order request; it does not mean we have accepted your offer.

Acceptance and contract formation. We accept your offer and a binding contract is formed only when we (a) send a Shipping Confirmation, (b) deliver the Products to you, or (c) charge your payment method and do not cancel the order, whichever occurs first (as determined by us in our reasonable discretion).

Right to refuse or cancel. We may refuse, reject, limit, or cancel any order at any time for any lawful reason, including suspected fraud, payment issues, shipping restrictions, inventory limitations, pricing errors, or violations of these Terms. If we cancel an order after a charge has been processed, we will issue a refund of the charged amount to the original payment method (subject to bank/processor timing).

6. Pricing; Taxes; Promotions; Payment Authorization

Pricing. Prices are shown on the Site and are subject to change at any time. Price changes do not affect orders already accepted.

Sales tax. Sales tax (and any similar transaction-based taxes) is calculated and added at checkout where required by law.

Shipping and handling charges. Shipping and handling fees (if any) are shown at checkout before you submit your order.

Promotions and discount codes. Promotions, credits, and discount codes may be limited in time, scope, and eligibility and may be modified or discontinued at any time. Unless expressly stated, promotions may not be combined and have no cash value.

Payment processing (Square). Payments are processed through Square and other third-party payment providers we may use from time to time. By submitting payment information, you authorize us (and our payment processors) to charge your payment method for your order total, including taxes, shipping, and any recurring subscription charges you authorize.

Accurate payment information. You agree to provide current, complete, and accurate billing and shipping information and to promptly update it as needed.

Preauthorization; partial shipments. We may preauthorize your payment method. We may charge at the time of order, at shipment, or in connection with a subscription renewal. If an order is shipped in multiple packages, we may charge when each package ships.

Chargebacks. If you dispute a charge with your bank or card issuer without first contacting us to attempt resolution, we reserve the right to suspend or refuse future orders, consistent with applicable law.

7. Subscriptions and Automatic Renewal Terms

This section applies if you purchase a Subscription.

Continuous service; automatic renewal. Subscriptions automatically renew at the frequency disclosed at checkout (e.g., monthly) until canceled.

Clear disclosure at checkout. Before you complete enrollment, the Site will present the material subscription terms, including (as applicable) the billing frequency, the amount to be charged (or how it will be calculated), shipping and handling fees, and how to cancel.

Your affirmative consent. By completing checkout for a Subscription, you provide affirmative consent to automatic renewal and authorize us (through Square and/or our payment processors) to charge your payment method on a recurring basis at the disclosed intervals until you cancel.

Free trials and introductory pricing (if offered). If a free trial or introductory pricing is offered, the terms will be disclosed at sign-up. Unless canceled before the trial or introductory period ends, your Subscription will convert to a paid recurring Subscription and you authorize us to charge the then-applicable recurring price at the disclosed frequency.

How to cancel (easy cancellation). You may cancel your Subscription at any time:

• by using the subscription management features available in your account on the Site (if available); or
• by emailing hello@kavafresca.com from the email address associated with your order and stating “Cancel Subscription” in the subject line and providing your name and order/subscription details sufficient to identify your account.

Cancellation timing. To avoid being charged for the next renewal, you must cancel before your next billing date. If you cancel after a renewal charge is processed, the charge will remain in effect unless a refund is required by law or expressly provided by these Terms.

Confirmation of cancellation. We will provide a cancellation confirmation electronically (e.g., by email) within a reasonable time after processing your request.

Changes to subscription terms or price. We may change subscription pricing, shipment cadence, or other subscription terms prospectively. If a change affects you, we will provide notice as required by applicable law. Any changes will apply beginning with the next renewal cycle after the effective date of the change (or later if required by law).

Renewal reminders where required. We will provide renewal reminders or other notices where required by applicable auto-renewal or consumer protection laws.

No waiver of mandatory rights. If any state auto-renewal law provides you non-waivable rights, those rights remain in effect notwithstanding anything in these Terms.

8. Shipping, Delivery Estimates, and Risk of Loss

Carriers. We ship via UPS and FedEx (and may use other carriers or services as needed).

Shipping destinations. We ship only to addresses within the United States.

Delivery estimates. Any shipping or delivery timeframes displayed on the Site or communicated to you are estimates only and not guarantees. Delivery may be delayed due to carrier delays, weather, service disruptions, address issues, or other circumstances beyond our control.

Address accuracy. You are responsible for providing an accurate, complete shipping address. We are not responsible for delays, non-delivery, or misdelivery due to incorrect or incomplete address information provided by you.

Risk of loss transfers upon delivery. Risk of loss and title to the Products pass to you upon delivery to the shipping address you provided, as confirmed by the carrier’s delivery records. If a package is marked delivered by the carrier, we are not responsible for loss, theft, or damage occurring after delivery.

Damaged, missing, or incorrect shipments. If your shipment arrives damaged, missing items, or incorrect items, you must contact us at hello@kavafresca.com within 7 days of delivery with your order number and supporting details (including photographs where applicable). We may require additional information to evaluate and resolve the issue.

9. No Returns Policy; Limited Carve-Outs; Refund Timing

No returns or exchanges. All sales are final. We do not accept returns or exchanges, except where required by applicable law.

Defective, damaged, or incorrect items. Notwithstanding the no-returns policy, if Products are defective, damaged in transit, or materially incorrect when delivered, we will, at our option and subject to applicable law:

• replace the affected Products; or
• provide a refund or store credit where replacement is not available or not reasonable.

We may require return of the affected Products (at our direction) and/or reasonable proof of defect or damage.

Subscription cancellations are not returns. Canceling a Subscription stops future renewals but does not entitle you to return previously delivered Products, except where required by applicable law.

Refunds processed within 30 days if legally owed. If a refund is owed under applicable law or expressly under these Terms, we will process the refund to the original payment method within 30 days after we determine the refund is owed. Processing times may vary depending on your bank or card issuer.

10. Product Use; Compliance With Law; Personal Use Only

Follow label directions. You agree to use the Products only as directed on the label and in accordance with any instructions provided with the Products.

Personal use only; no resale. Products are for personal use only and are not authorized for resale, redistribution, or export.

Compliance with law. You agree not to use the Products in violation of any applicable law or regulation and not to make any unlawful, misleading, or unauthorized statements about the Products.

11. Intellectual Property

Ownership. The Site and all content and materials on it (including text, graphics, logos, product names, designs, images, and software) are owned by or licensed to the Company and are protected by intellectual property laws.

Limited license. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for personal, non-commercial purposes related to purchasing Products.

Restrictions. You may not copy, reproduce, modify, distribute, create derivative works, publicly display, or exploit any Site content without our prior written consent.

12. Disclaimers of Warranties

No guarantees about outcomes. We do not and cannot guarantee any specific result or outcome from using the Products.

As-is; as-available. To the maximum extent permitted by applicable law, the Products and the Site are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied.

Implied warranties. To the maximum extent permitted by applicable law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Mandatory rights preserved. Some jurisdictions do not allow limitations on implied warranties. Nothing in these Terms excludes, restricts, or modifies any consumer right or remedy that cannot be waived under applicable law.

13. Limitation of Liability

Cap on liability. To the maximum extent permitted by applicable law, the total liability of the Company for any claim arising out of or relating to the Products, a Subscription, an order, or these Terms will not exceed the total amount you paid to the Company for the specific order(s) giving rise to the claim.

No indirect or consequential damages. To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, or business opportunities, even if advised of the possibility of such damages.

Basis of the bargain. You acknowledge that the limitations and exclusions in these Terms are a fundamental basis of the bargain between you and the Company.

Mandatory rights preserved. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any liability that cannot be limited or excluded under applicable law.

14. Consumer Indemnification (As Far as Legally Permitted)

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, members, managers, employees, contractors, agents, successors, and assigns from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Products; (c) your violation of any law or regulation; or (d) your violation of any third-party rights.

15. Force Majeure

We are not responsible for, and will not be liable for, any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, earthquakes, epidemics/pandemics, war, terrorism, civil unrest, labor disputes, supply chain disruptions, carrier delays, power or internet outages, governmental actions, or failures of third-party service providers (including payment processors and carriers).

16. Refusal of Service; Termination

Refusal of service. We reserve the right to refuse service, limit quantities, cancel orders, or terminate access to the Site for any lawful reason, including suspected fraud, abuse, harassment, violation of these Terms, or unlawful conduct.

Effect of termination. Termination of access to the Site does not affect rights and obligations that accrued prior to termination, including payment obligations and provisions that by their nature should survive.

17. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Products, a Subscription, or any order are governed by the laws of the State of Texas, without regard to conflict of laws principles, and subject to the Federal Arbitration Act (“FAA”) where applicable.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution First

Before initiating arbitration or a court proceeding (except small claims as permitted below), you agree to first contact us at hello@kavafresca.com and provide a brief written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the dispute informally for 60 days from receipt of the notice, unless both sides agree to extend.

18.2 Binding Arbitration Under the FAA

If the dispute is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Products, a Subscription, or any order will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules, to the extent not inconsistent with these Terms or the FAA.

Arbitration location/format. Unless you and the Company agree otherwise, the arbitration will take place in Travis County, Texas, or may be conducted by video, telephone, or based on written submissions where appropriate and permitted by AAA rules.

Arbitrator authority. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court may decide enforceability of the class action waiver.

Individual relief only. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve the individual claim.

Fees and costs. Arbitration fees and costs will be allocated consistent with AAA consumer rules and applicable law. We will not seek to impose arbitration costs on you in a manner that would prevent you from pursuing your claim.

18.3 Small Claims Court Option

Either party may bring an individual claim in a small claims court in Travis County, Texas, or in the county of your residence if permitted by applicable law, provided the claim is within that court’s jurisdiction and remains an individual claim.

18.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and the Company 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, representative, or private attorney general proceeding.

18.5 Jury Trial Waiver

To the maximum extent permitted by applicable law, you and the Company waive any right to a jury trial in any proceeding arising out of or relating to these Terms, the Products, a Subscription, or any order.

18.6 Opt-Out Right

You may opt out of the arbitration agreement and class action waiver by sending an email to hello@kavafresca.com within 30 days of the date you first accept these Terms, with the subject line “Arbitration Opt-Out” and including your full name and the email address used for your order. If you opt out, neither you nor the Company will be bound by the arbitration agreement, but the remaining Terms will still apply.

18.7 Time Limit to Bring Claims

To the maximum extent permitted by applicable law, any claim must be brought within one (1) year after the claim arises; otherwise, the claim is permanently barred.

19. Electronic Communications; E-SIGN Consent

You agree that we may provide notices, disclosures, and communications to you electronically (including by email), and that such communications satisfy any legal requirement that such communications be in writing. You agree that your electronic acceptance of these Terms and submission of an order constitutes your electronic signature.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

21. Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

22. No Waiver

Our failure to enforce any right or provision of these Terms will not operate as a waiver of that right or provision.

23. Entire Agreement; Amendments

These Terms (together with any policies or disclosures presented at checkout and incorporated by reference) constitute the entire agreement between you and the Company regarding the purchase of Products and Subscriptions through the Site and supersede any prior or contemporaneous agreements or communications. We may update these Terms from time to time. Updated Terms will be effective as of the “Effective Date” shown above (or as otherwise stated). For Subscriptions, changes will apply prospectively and with notice where required by law.

24. Survival

Sections that by their nature should survive will survive termination or expiration of these Terms, including without limitation: Dietary Supplement Notice; Kava-Specific Health & Suitability Disclaimers; Intellectual Property; Disclaimers of Warranties; Limitation of Liability; Indemnification; Governing Law; Dispute Resolution; and Miscellaneous provisions.

25. Contact Information

For questions about orders, Subscriptions, or these Terms, contact: