Terms of service

TERMS OF SERVICE

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

Please read these Terms of Service carefully before using our website or placing an order. By accessing drinkvividly.com or purchasing any VIVIDLY product, you agree to be bound by these terms.

01 / ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and VIVIDLY ("Company," "we," "us," or "our"), governing your use of drinkvividly.com (the "Site") and your purchase of any VIVIDLY products.

By visiting our site, creating an account, subscribing to our services, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, Shipping Policy, and Return & Refund Policy, each of which is incorporated herein by reference.

02 / ELIGIBILITY

Our products are intended for adults only. By purchasing from VIVIDLY, you represent and warrant that:

  • You are at least 21 years of age or the age of majority in your jurisdiction, whichever is greater
  • You have the legal capacity to enter into a binding contract
  • You are a resident of the United States
  • You are not purchasing these products for resale without prior written authorization from VIVIDLY
  • You are not prohibited from purchasing dietary supplements under any applicable law

VIVIDLY reserves the right to refuse service to anyone for any reason at any time.

03 / PRODUCTS & ORDERING

VIVIDLY sells dietary supplement products containing noble kava root extract and supporting botanical ingredients. All products are sold as dietary supplements under the Dietary Supplement Health and Education Act (DSHEA) and are not intended to diagnose, treat, cure, or prevent any disease.

Order Acceptance: Your placement of an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including product unavailability, suspected fraud, or errors in pricing information.

Product Availability: All products are subject to availability. We reserve the right to discontinue any product at any time. If a product you ordered is unavailable, we will notify you and provide a full refund or offer an alternative.

Product Descriptions: We make every effort to display our products accurately on drinkvividly.com. However, we cannot guarantee that packaging or product details displayed on your screen are perfectly precise. Minor variations may occur.

04 / PRICING & PAYMENT

All prices are displayed in US Dollars (USD) and are subject to change without notice. The price charged at the time of your order is the price you will pay.

Applicable sales taxes will be calculated and added at checkout based on your shipping address.

We accept all major credit and debit cards and any additional payment methods displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the full order amount.

In the event of a pricing error, we reserve the right to cancel the affected order and will notify you promptly with the option to repurchase at the correct price or receive a full refund.

05 / SUBSCRIPTIONS

By enrolling in a subscription, you agree that:

  • Your payment method will be automatically charged on each renewal date at the subscription price in effect at that time
  • You may cancel at any time through your account dashboard or by contacting us at drinkvividly.help@gmail.com
  • Cancellations must be made at least 48 hours before your next renewal date to avoid being charged for the upcoming cycle
  • We reserve the right to modify, suspend, or discontinue subscription offerings at any time with prior notice to active subscribers

06 / SHIPPING & DELIVERY

Shipping terms, rates, and estimated delivery windows are governed by our Shipping Policy, available at drinkvividly.com/pages/shipping-policy, which is incorporated into these Terms by reference.

Risk of loss and title for purchased products pass to you upon delivery to the carrier. VIVIDLY is not responsible for delays caused by carriers, weather, or events outside our control, but we will work with you in good faith to resolve any shipping-related issues.

07 / RETURNS & REFUNDS

Return and refund terms are governed by our Return & Refund Policy, available at drinkvividly.com/pages/return-policy, which is incorporated into these Terms by reference.

08 / HEALTH & SAFETY DISCLAIMER

These statements have not been evaluated by the Food and Drug Administration. VIVIDLY products are not intended to diagnose, treat, cure, or prevent any disease.

By purchasing and using our products, you acknowledge that:

  • You are purchasing a dietary supplement, not a drug, food, or beverage
  • You should consult a qualified healthcare professional before use, especially if you are pregnant, nursing, taking prescription medications, or have an existing health condition
  • VIVIDLY products are not intended for persons under 21 years of age
  • Do not combine with alcohol, sedatives, or other substances affecting the central nervous system without consulting a physician
  • Do not operate heavy machinery or drive while experiencing the effects of this product
  • Discontinue use and consult a physician if you experience any adverse reaction

Individual results vary. Customer testimonials represent individual experiences and are not guaranteed outcomes.

09 / INTELLECTUAL PROPERTY

All content associated with VIVIDLY — including the name, logo, product names, design elements, copy, formulations, and visual identity — is the exclusive intellectual property of VIVIDLY and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, copy, modify, distribute, or create derivative works from any VIVIDLY intellectual property without our express prior written consent.

By submitting reviews, photos, or other content to us, you grant VIVIDLY a non-exclusive, royalty-free license to use, display, and distribute that content in connection with our products and marketing.

10 / PROHIBITED USES

You agree not to use our website or products for:

  • Any unlawful purpose or in violation of any applicable law or regulation
  • Reselling VIVIDLY products without prior written authorization
  • Submitting false, misleading, or fraudulent orders or information
  • Engaging in chargebacks or payment disputes in bad faith
  • Scraping or harvesting data from drinkvividly.com through automated means
  • Infringing upon our intellectual property rights or those of any third party
  • Impersonating any person or entity

Violation of these prohibitions may result in immediate account termination, cancellation of orders, and referral to law enforcement where appropriate.

11 / LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, VIVIDLY, its owners, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our products or website.

In no event shall our total liability to you exceed the total amount you paid to VIVIDLY in the twelve (12) months preceding the event giving rise to the claim.

12 / DISCLAIMER OF WARRANTIES

Our website and products are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

VIVIDLY does not warrant that the website will be uninterrupted or error-free, or that use of our products will produce any specific effect or meet any particular standard.

13 / GOVERNING LAW & DISPUTES

These Terms shall be governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts located in Maricopa County, Arizona.

Before initiating any formal legal claim, you agree to first contact us at drinkvividly.help@gmail.com with a written description of the dispute and your desired resolution. We will attempt to resolve the matter informally within 30 days.

You agree that any dispute resolution will be conducted on an individual basis only — not as a class, consolidated, or representative action.

14 / CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page and notify you where appropriate. Your continued use of our website or purchase of our products after any changes take effect constitutes your acceptance of the updated Terms.

15 / CONTACT INFORMATION

VIVIDLY Email: drinkvividly.help@gmail.com Website: drinkvividly.com

We respond to all inquiries within 1–2 business days.