Last updated: March 26, 2026

By using this Site, you agree to be bound by these Terms of Service (the “Terms”), including our Privacy Policy and all other policies referenced herein. Please read these Terms carefully before accessing or using our website (the “Site”), which is operated by Skinergy Inc. (“Skinergy,” “we,” “us,” or “our”).

Skinergy Inc. offers this Site, including all information, tools, products, and services available (the “Services”), conditioned upon your acceptance of these Terms. If you do not agree, you may not access or use the Site or Services.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to sell our products and services to you.

SECTION 1 – YOU REPRESENT THAT YOU ARE THE AGE OF MAJORITY

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Site.

SECTION 2 – SERVICES

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:

• (a) transmissions over various networks; and
• (b) changes to conform and adapt to technical requirements of connecting networks or devices

Credit card information is always encrypted during transfer over networks.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current.

The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or timely sources.

Any reliance on the material on this Site is at your own risk.

This Site may contain historical information, which is provided for reference only and may not be current.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site and may have limited quantities.

All products are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display product colors and images accurately, but we cannot guarantee that your device’s display will reflect accurate colors.

We reserve the right to:

• Limit sales of our products or Services to any person, geographic region, or jurisdiction
• Limit quantities of any products or services
• Discontinue any product at any time

All product descriptions and pricing are subject to change at any time without notice.

Any offer for any product or service is void where prohibited.

Order Limitations

We reserve the right to refuse any order you place with us.

We may limit or cancel quantities purchased per:

• person
• household
• order

These restrictions may include orders placed under:

• the same customer account
• the same credit card
• the same billing or shipping address

If we change or cancel an order, we may attempt to notify you using the contact information provided at purchase.

We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made.

You agree to promptly update your account information, including:

• email address
• payment details
• billing information

This allows us to complete transactions and contact you as needed.

For more information, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control.

You acknowledge that such tools are provided “AS IS” and “AS AVAILABLE” without warranties, representations, or conditions of any kind.

We shall have no liability arising from your use of such tools.

Any use of optional tools is entirely at your own risk, and you should review the terms of the third-party providers.

Future services, features, or tools added to the Site shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links may direct you to websites not affiliated with Skinergy Inc.

We are not responsible for:

• examining or evaluating content or accuracy
• any third-party materials, websites, products, or services

We are not liable for any harm or damages related to third-party transactions.

You should review third-party policies before engaging in transactions.

SECTION 9 – USER CONTENT AND MATERIAL

We do not claim ownership of user-generated content.

Any and all photographs, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content that you:

• submit or post on the Site, including blogs, reviews, or other interactive areas;
• submit through any tools or applications we provide; or
• post or upload to your social media accounts (including but not limited to Instagram, TikTok, Twitter/X, Facebook, YouTube, Snapchat, Reddit, Pinterest, or similar platforms) that are tagged with #SKINERGY, #DRINKSKINERGY, or any other Skinergy-related hashtag or tag

(collectively, “User Content”)

shall be deemed non-confidential and non-proprietary.

LICENSE GRANT

By submitting or posting any User Content, you grant to Skinergy Inc. and its affiliates a:

• perpetual
• irrevocable
• royalty-free
• fully paid
• worldwide
• transferable
• sublicensable

license to:

• use
• copy
• reproduce
• publish
• display
• perform
• distribute
• transmit
• modify
• adapt
• reformat
• translate
• create derivative works
• sell
• and otherwise exploit

all or any portion of the User Content, in any manner or medium now known or later developed, including but not limited to:

• websites
• social media
• advertisements
• email campaigns
• retail displays
• packaging
• printed marketing materials

This includes the right to use your:

• name
• likeness
• persona
• image
• voice
• social media handle
• username
• profile picture

with or without attribution, and without further notice or compensation.

NO COMPENSATION / APPROVAL RIGHTS

You agree that:

• You are not entitled to any compensation, royalty, or consideration for use of your User Content
• You have no right to review, approve, or control how your content is used
• Skinergy Inc. is not obligated to use or display any User Content

USE OF IDEAS / FEEDBACK

Any ideas, suggestions, or feedback you provide may be used by Skinergy Inc. for any purpose, including product development, marketing, or operations, without compensation or restriction.

CONTENT MONITORING & REMOVAL

We are not obligated to monitor User Content but reserve the right, in our sole discretion, to:

• remove
• edit
• refuse to post

any User Content for any reason or no reason, without notice.

USER REPRESENTATIONS AND WARRANTIES

By submitting User Content, you represent and warrant that:

• You own or control all rights to the content
• You have obtained all necessary permissions from any individuals featured
• You have the legal authority to grant the rights described in these Terms
• You are at least 18 years of age

You further represent that your User Content does not:

• contain false or misleading information
• infringe any intellectual property, privacy, publicity, or other rights
• contain defamatory, obscene, offensive, or unlawful material
• include personal contact information
• contain viruses or malicious code

INDEMNIFICATION FOR USER CONTENT

You agree to indemnify and hold harmless Skinergy Inc. and its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• your User Content
• your violation of these Terms
• your violation of any third-party rights

NO LIABILITY FOR USER CONTENT

We do not guarantee the accuracy, truthfulness, or reliability of any User Content.

We are not responsible for any User Content posted by you or third parties.

We act solely as a passive platform for User Content and have no obligation to screen or monitor it.

RELEASE OF CLAIMS

By submitting User Content, you fully release and discharge Skinergy Inc. and its affiliates from any and all claims, including:

• disputes between users
• claims related to use or misuse of User Content
• claims related to intellectual property or likeness rights

DATA RETENTION DISCLAIMER

We are not responsible for maintaining or storing User Content and may delete content at any time.

You are responsible for retaining copies of your own content.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which describes how we collect, use, disclose, and safeguard your personal information.

COLLECTION OF PERSONAL INFORMATION

We may collect personal information that you voluntarily provide to us, including but not limited to:

• name
• email address
• phone number
• billing and shipping address
• payment details
• account login information
• communications and customer support inquiries

We may also automatically collect certain information about your device and usage of the Site, including:

• IP address
• browser type
• device identifiers
• browsing behavior and interactions
• referring URLs

USE OF PERSONAL INFORMATION

We use your personal information for purposes including, but not limited to:

• processing and fulfilling orders
• providing customer support
• managing your account
• sending transactional and marketing communications
• improving our Services, website, and product offerings
• detecting fraud, abuse, or security incidents
• complying with legal obligations

MARKETING, ANALYTICS, AND TRACKING TECHNOLOGIES

We may use third-party tools and technologies, including but not limited to:

• analytics platforms
• advertising networks
• email and SMS marketing providers
• affiliate and influencer tracking platforms

These tools may use cookies, pixels, and similar technologies to:

• track your activity across websites
• measure marketing performance
• personalize advertising and content

Information collected through these tools may be shared with third-party partners for marketing and analytics purposes.

DISCLOSURE OF PERSONAL INFORMATION

We may share your personal information with:

• service providers (including Shopify, payment processors, and fulfillment partners)
• marketing and analytics partners
• professional advisors (legal, accounting, etc.)
• law enforcement or regulatory authorities when required

We do not sell personal information for monetary compensation; however, certain data sharing for advertising purposes may be considered “sharing” under applicable privacy laws.

DATA RETENTION

We retain personal information only for as long as necessary to:

• fulfill the purposes outlined in this policy
• comply with legal obligations
• resolve disputes and enforce agreements

DATA SECURITY

We implement commercially reasonable safeguards designed to protect personal information.

However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

USER RIGHTS

Depending on your location, you may have certain rights regarding your personal information, including:

• the right to access personal data we hold about you
• the right to request correction of inaccurate information
• the right to request deletion of your personal data
• the right to opt out of certain data sharing practices

Residents of certain jurisdictions, including California under the California Consumer Privacy Act (CCPA), may have additional rights.

To exercise any of these rights, please contact us at:

team@drinkskinergy.com

THIRD-PARTY SERVICES

Our Services may include links to or integrations with third-party services.

We are not responsible for the privacy practices or content of such third parties, and you should review their policies before providing personal information.

CONSENT

By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy and these Terms.

UPDATES TO PRIVACY PRACTICES

We reserve the right to update or modify our Privacy Policy at any time.

Changes will be posted on the Site, and your continued use of the Services constitutes acceptance of such changes.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions, including but not limited to:

• product descriptions
• pricing
• promotions
• offers
• shipping charges
• transit times
• product availability

We do not warrant that any information on the Site is accurate, complete, reliable, current, or error-free.

RIGHT TO CORRECT AND UPDATE

We reserve the right, at any time and without prior notice, to:

• correct any errors, inaccuracies, or omissions
• update or change information
• cancel or refuse orders

This includes situations where information is incorrect due to:

• typographical errors
• system errors
• third-party data issues
• pricing discrepancies

ORDER CANCELLATION RIGHTS

We reserve the right to cancel, limit, or refuse any order placed through the Site if:

• pricing or product information is incorrect
• the order appears fraudulent
• the order violates these Terms
• the order is flagged by our systems or partners

If your order is canceled or modified, we may attempt to notify you using the contact information provided at the time of purchase.

NO OBLIGATION TO UPDATE INFORMATION

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including but not limited to:

• pricing information
• product availability
• promotional details

except as required by law.

No specified update or refresh date should be taken to indicate that all information has been modified or updated.

LIMITATION OF RELIANCE

The information provided on the Site is for general informational purposes only and should not be relied upon as the sole basis for making decisions.

You agree that your use of any information on this Site is at your own risk.

PROMOTIONAL AND PRICING DISCLAIMERS

All promotions, discounts, and pricing offers:

• are subject to change without notice
• may be limited in duration or quantity
• may be subject to additional terms and conditions

We reserve the right to:

• modify or cancel promotions at any time
• correct pricing errors even after an order has been submitted

THIRD-PARTY CONTENT DISCLAIMER

Certain information on the Site may be provided by third-party sources.

We are not responsible for inaccuracies or errors originating from third-party data, including but not limited to:

• shipping carriers
• payment processors
• analytics or integrations

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the Site, its content, or the Services:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any applicable international, federal, state, or local laws, regulations, rules, or ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false, misleading, or deceptive information;
• to upload, post, transmit, or otherwise distribute viruses, worms, Trojan horses, malware, or any other malicious or destructive code;
• to collect, harvest, track, or otherwise misuse the personal information of others;
• to spam, phish, pharm, pretext, scrape, crawl, or spider;
• for any obscene or immoral purpose;
• to interfere with or circumvent the security features of the Services or any related website, systems, or networks;
• to attempt to gain unauthorized access to any portion of the Services, accounts, or systems;
• to engage in any activity that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.

We reserve the right, in our sole discretion, to terminate or suspend your access to the Services, without notice, for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SKINERGY INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• TITLE;
• QUIET ENJOYMENT;
• ACCURACY, COMPLETENESS, OR RELIABILITY.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT:

• YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL SKINERGY INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY:

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
• LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR USE;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCT.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS OF LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Skinergy Inc. and its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your breach of these Terms;
• your violation of any applicable law or regulation;
• your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• your misuse of the Services or products;
• your User Content.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined by any court or tribunal of competent jurisdiction to be unlawful, void, invalid, or unenforceable for any reason, such provision shall nevertheless be enforced to the fullest extent permitted by applicable law so as to reflect the original intent of the parties as closely as possible.

To the extent that such provision cannot be enforced in full, it shall be deemed modified, limited, or severed only to the minimum extent necessary to make it valid and enforceable.

Such determination shall not affect the validity, legality, or enforceability of any other provisions of these Terms, all of which shall remain in full force and effect.

Furthermore, the invalid or unenforceable provision shall not affect the enforceability of that provision in any other jurisdiction where it is valid and enforceable.

It is the express intent of the parties that any invalid or unenforceable provision be replaced by a valid and enforceable provision that most closely reflects the original economic, legal, and commercial intent of the parties.

SECTION 16 – TERMINATION

These Terms of Service shall remain in full force and effect unless and until terminated by either you or Skinergy Inc.

You may terminate these Terms at any time by discontinuing use of the Site and the Services.

We reserve the right, in our sole discretion and without prior notice, to terminate, suspend, restrict, or deny your access to all or any part of the Services at any time and for any reason, including, without limitation:

• your breach or violation of these Terms;
• suspected fraud, abuse, or misuse of the Services;
• violations of applicable laws or regulations;
• requests by law enforcement or other governmental authorities;
• technical or security issues;
• unexpected operational or business considerations.

Termination may include, without limitation:

• removal of access to your account (if applicable);
• deletion or restriction of access to content or data associated with your use;
• cancellation of pending or future orders;
• blocking of future access to the Site or Services.

Upon termination:

• all rights granted to you under these Terms shall immediately cease;
• you must immediately discontinue all use of the Services;
• any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to:
  • intellectual property provisions;
  • limitation of liability;
  • indemnification;
  • dispute resolution and arbitration;
  • class action waiver.

Skinergy Inc. shall not be liable to you or any third party for any termination, suspension, or restriction of access to the Services.

Termination of these Terms shall not limit any rights or remedies available to Skinergy Inc. at law or in equity.

SECTION 17 – ENTIRE AGREEMENT; NO WAIVER; INTERPRETATION

These Terms of Service, together with our Privacy Policy and any other policies, guidelines, or operating rules posted on this Site or in connection with the Services, constitute the entire agreement and understanding between you and Skinergy Inc. regarding your use of the Services.

These Terms supersede and replace all prior or contemporaneous agreements, communications, negotiations, representations, or understandings, whether written or oral, relating to the subject matter herein.

You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement not expressly set forth in these Terms.

NO WAIVER

The failure of Skinergy Inc. at any time to enforce any provision of these Terms shall not be deemed a waiver of such provision or of any other provision.

Any waiver of a provision of these Terms shall be effective only if:

• made in writing; and
• signed by an authorized representative of Skinergy Inc.

No waiver of any breach shall be deemed a waiver of any subsequent breach.

INTERPRETATION

These Terms shall be interpreted fairly and not strictly for or against either party, regardless of which party drafted them.

Headings and section titles are included for convenience only and shall not affect the interpretation of any provision.

Any ambiguities in these Terms shall not be construed against Skinergy Inc. as the drafting party.

RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, or employment relationship between you and Skinergy Inc.

You have no authority to bind or act on behalf of Skinergy Inc. in any manner.

ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

Skinergy Inc. may assign or transfer its rights and obligations under these Terms at any time without restriction, including in connection with:

• mergers
• acquisitions
• asset sales
• corporate reorganizations

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

SECTION 18 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, modify, revise, or replace any part of these Terms of Service at any time.

Such changes may be made for any reason, including but not limited to:

• changes in our business practices or operations;
• changes in applicable laws or regulations;
• updates to our products, services, or offerings;
• security, technical, or operational requirements.

NOTICE OF CHANGES

Any changes to these Terms will be posted on this page, and the “Last updated” date at the top of the Terms will be revised accordingly.

We may, but are not obligated to, provide additional notice of material changes through:

• email notifications;
• account notifications (if applicable);
• prominent notices on the Site.

You agree that posting updated Terms on the Site constitutes sufficient notice of such changes.

YOUR RESPONSIBILITY TO REVIEW

It is your responsibility to review these Terms periodically for updates or changes.

We recommend that you check this page regularly to stay informed of any modifications.

ACCEPTANCE OF CHANGES

Your continued access to or use of the Site or Services following the posting of any changes constitutes your acceptance of those changes.

If you do not agree to the updated Terms, you must discontinue use of the Services immediately.

NO RETROACTIVE EFFECT (WHERE REQUIRED BY LAW)

To the extent required by applicable law, any material changes to these Terms will not apply retroactively to disputes that arose prior to the effective date of such changes.

SURVIVAL OF PRIOR TERMS

Any rights or obligations that arose prior to the effective date of updated Terms shall remain governed by the version of the Terms in effect at the time such rights or obligations arose, unless otherwise required by law.

SECTION 20 – DISPUTE RESOLUTION, MEDIATION, AND ARBITRATION

Any dispute arising from these Terms or your use of the Services must first be submitted in writing to:

team@drinkskinergy.com

The parties agree to attempt to resolve disputes informally within 15 days.

If unresolved, disputes shall first be submitted to mediation administered by the International Arbitration Association (IAA).

If mediation does not resolve the dispute, it shall be settled by binding arbitration under IAA Commercial Arbitration Rules.

• Claims under $50,000 → single arbitrator
• Claims over $50,000 → panel of three arbitrators
• Arbitration location: New York
• Proceedings conducted in English

The arbitrator(s):

• shall issue a written decision
• shall not award punitive or consequential damages unless required by law

All proceedings shall be confidential, except as required by law.

SECTION 21 – CLASS ACTION WAIVER

YOU AND SKINERGY INC. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCTS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT:

• YOU SHALL NOT BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING;
• YOU SHALL NOT SEEK TO CONSOLIDATE YOUR CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY;
• YOU SHALL NOT ACT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL IN ANY CLASS OR REPRESENTATIVE ACTION;
• YOU WAIVE ANY RIGHT TO HAVE ANY CLAIM HEARD AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION.

SCOPE OF WAIVER

THIS CLASS ACTION WAIVER APPLIES TO ALL CLAIMS, WHETHER BASED IN:

• CONTRACT;
• TORT (INCLUDING NEGLIGENCE);
• STATUTE;
• FRAUD;
• MISREPRESENTATION;
• OR ANY OTHER LEGAL THEORY.

THIS WAIVER APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARISE BEFORE, DURING, OR AFTER TERMINATION OF THESE TERMS.

RELATIONSHIP TO ARBITRATION

THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THE AGREEMENT TO ARBITRATE SET FORTH IN SECTION 20.

IF ANY PORTION OF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE OR INVALID WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN:

• THAT CLAIM OR REQUEST SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION;
• ALL OTHER CLAIMS SHALL REMAIN SUBJECT TO ARBITRATION AND THIS CLASS ACTION WAIVER.

SEVERABILITY OF WAIVER

IF THIS CLASS ACTION WAIVER IS FOUND TO BE INVALID OR UNENFORCEABLE IN ITS ENTIRETY, THEN THE AGREEMENT TO ARBITRATE SHALL NOT APPLY, AND ANY DISPUTE SHALL BE RESOLVED IN COURT.

YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST SKINERGY INC. SHALL BE BROUGHT INDIVIDUALLY THROUGH ARBITRATION CONDUCTED PURSUANT TO SECTION 20, AND YOU SHALL NOT JOIN ANY ACTION WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST SKINERGY INC.

SECTION 22 – SMS / MOBILE TERMS AND CONDITIONS

By providing your mobile phone number and opting in to receive SMS or MMS messages from Skinergy Inc., you expressly consent to receive recurring automated marketing and transactional text messages (including via autodialer or automated system) from or on behalf of Skinergy Inc. at the mobile number you provided.

These messages may include, but are not limited to:

• promotional offers and discounts
• product launches and restocks
• order confirmations and shipping updates
• marketing campaigns and brand announcements

Consent to receive marketing messages is not a condition of purchase.

MESSAGE FREQUENCY AND CHARGES

Message frequency may vary depending on your interactions with Skinergy Inc.

Standard message and data rates may apply according to your wireless carrier plan.

You are solely responsible for any fees or charges incurred from your mobile carrier.

OPT-OUT INSTRUCTIONS

You may opt out of receiving SMS messages at any time by:

• replying STOP to any message you receive; or
• contacting us at team@drinkskinergy.com

After opting out, you may receive a final confirmation message.

HELP AND SUPPORT

For assistance, you may:

• reply HELP to any message; or
• contact us at team@drinkskinergy.com

CARRIER DISCLAIMER

Wireless carriers are not liable for delayed or undelivered messages.

Delivery of messages is subject to:

• effective transmission by your carrier
• network availability
• your device settings

ELIGIBILITY AND ACCURACY OF INFORMATION

You represent that:

• you are the account holder for the mobile number provided or have authorization to enroll that number;
• the mobile number provided is accurate and up to date.

You agree to notify us if your mobile number changes.

REVOCATION OF CONSENT

You understand that your consent to receive SMS messages is voluntary and may be withdrawn at any time using the opt-out methods described above.

Withdrawal of consent will not affect the lawfulness of messages sent prior to your opt-out.

THIRD-PARTY PROVIDERS

We may use third-party service providers to deliver SMS communications.

These providers may have access to your mobile number solely for the purpose of delivering messages on our behalf.

LIMITATION OF LIABILITY FOR SMS SERVICES

To the fullest extent permitted by law, Skinergy Inc. shall not be liable for:

• delayed, failed, or misdirected delivery of messages;
• errors in message content;
• any actions taken or not taken by you based on SMS communications.

SECTION 23 – CONTACT INFORMATION AND LEGAL NOTICES

Questions about these Terms of Service, the Services, or any products offered by Skinergy Inc. should be directed to us using the contact information below.

Skinergy Inc.
4 Stonehouse Rd
Budd Lake, NJ 07828
United States

Email: team@drinkskinergy.com

METHODS OF CONTACT

You may contact us for:

• customer service inquiries
• product-related questions
• privacy or data requests
• accessibility requests
• legal or compliance inquiries

We will make commercially reasonable efforts to respond to inquiries in a timely manner; however, response times are not guaranteed.

LEGAL NOTICES TO SKINERGY INC.

Any legal notices, claims, or formal communications required under these Terms must be submitted in writing to the contact information above.

We may require additional verification of identity before responding to certain requests, including but not limited to:

• privacy-related requests
• account-related inquiries
• legal or compliance matters

ELECTRONIC COMMUNICATIONS

By using the Services or communicating with us electronically (including via email or through the Site), you consent to receive communications from us electronically.

You agree that:

• all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing;
• electronic communications have the same force and effect as written, signed communications.

UPDATES TO CONTACT INFORMATION

Skinergy Inc. reserves the right to update or modify its contact information at any time.

Any changes will be reflected on this page, and it is your responsibility to review this section periodically.