Policies

Refunds – In the event that an order fails to arrive, or arrives in materially damaged condition, Drink Wholesome LLC (“Drink Wholesome,” “we,” “us,” or “our”) will, at our sole discretion, issue a replacement product at no additional cost to you. If a product causes stomach discomfort, we may issue a refund for (i) one (1) multi-serving pouch, or (ii) up to four (4) sample packets, provided that such purchase constitutes your first order of that particular product. For customers with sensitivities, we strongly recommend purchasing Samples prior to ordering a full-size product.

Returns – Due to the nature of our products and the cost burdens associated with return logistics, we do not accept returns or exchanges for any reason other than non-delivery or materially damaged delivery. In cases of non-delivery or material damage, we will provide a replacement product as described above. We again encourage customers uncertain about product suitability to order Samples prior to purchasing a multi-serving pouch.

Once an order has been submitted through our Site, it is processed immediately and cannot be canceled, modified, or revoked. Customers may cancel an ongoing subscription at any time through the My Account portal; however, cancellation requests received after an order has already been generated for shipment will apply only to future subscription billing cycles.

Privacy

Last updated: December 5, 2025

This Privacy Policy (“Policy”) describes the manner in which DRINK WHOLESOME LLC, a New Hampshire limited liability company (“Drink Wholesome,” “we,” “us,” or “our”), collects, uses, processes, discloses, retains, and protects information relating to individuals (“you” or “your”) who access or use our website, purchase our products, engage with our communications, or interact with our business operations (collectively, the “Services”).

Your access to and use of the Services constitutes your acknowledgment of, and agreement to, the practices described herein.

For any questions regarding this Policy, please contact us at [email protected].

Your use of the Services is further governed by our Terms & Conditions.

1. Information We Collect

We collect personal information in the following circumstances, subject to applicable law:

A. Information You Provide Directly

This includes information you voluntarily submit when you:

• Create, access, or modify an account;
• Place an order or attempt to make a purchase;
• Communicate with customer support, whether via email, SMS, chat, or forms;
• Participate in promotions, surveys, programs, or other interactions.

Such information may include:

• Name;
• Billing and shipping address;
• Email address;
• Telephone number;
• Payment information (processed exclusively through PCI-compliant third-party providers; we do not store full credit/debit card numbers).

B. Information Collected Automatically

When you access the Services, we automatically collect certain technical and usage data through cookies, pixels, tags, scripts, and similar tracking technologies, including but not limited to:

• Device identifiers;
• Browser type and configuration;
• IP address;
• Pages viewed and usage patterns;
• Shopping activity and cart behavior;
• Referring URLs and timestamps.

Disabling cookies may impair functionality of the Services.

C. Information Obtained from Third Parties

We may receive information relating to you from:

• Payment processors;
• Shipping and logistics providers;
• Marketing, advertising, or analytics vendors;
• Social media platforms when you interact with our content.

2. How We Use Your Information

We use the information described above for the following purposes, where permitted by applicable law:

• Processing, fulfilling, and delivering orders;
• Managing and maintaining user accounts;
• Operating, administering, and improving the Services;
• Responding to inquiries and providing customer support;
• Personalizing user experiences, including content and recommendations;
• Conducting analytics and performance assessments;
• Sending marketing communications (with opt-out capabilities);
• Enforcing our Terms & Conditions;
• Detecting, preventing, and addressing fraud or misuse.

3. How We Share Your Information

A. Service Providers
We may disclose your information to third-party vendors engaged to perform business functions on our behalf, including but not limited to hosting, payment processing, order fulfillment, communications, customer service, and marketing. Such vendors are contractually bound to use your information solely as required to provide their services.

B. Legal and Compliance Obligations
We may disclose your information when required to comply with a legal obligation, regulatory inquiry, subpoena, court order, or governmental request; enforce our Terms; or protect the rights, property, or safety of Drink Wholesome, our customers, or the public.

C. Business Transactions
In the event of a merger, acquisition, financing, reorganization, bankruptcy, or other transfer of assets, your information may be assigned or transferred as part of the transaction and will remain subject to the protections set forth herein unless you are notified otherwise.

D. With Your Consent
We may disclose your information for any other purpose for which you provide express consent.

4. Cookies and Similar Technologies

We utilize cookies and related technologies to:

• Authenticate users and maintain sessions;
• Preserve shopping cart information;
• Analyze performance and usage;
• Support marketing and advertising activities.

Disabling cookies may limit Service functionality.

5. Your Rights and Choices

A. Marketing Communications
You may opt out of marketing emails or SMS messages by following the unsubscribe instructions contained within those communications. Transactional messages relating to orders or accounts will continue to be sent where permitted by law.

B. Access, Correction, and Deletion
Depending on your jurisdiction, you may have statutory rights to request access to, correction of, or deletion of your personal information. To submit such requests, contact [email protected]. We may require verification of your identity prior to responding.

6. Data Security

We maintain administrative, technical, and physical safeguards intended to protect personal information. However, no method of transmission or storage can be guaranteed to be fully secure. You are responsible for safeguarding your account credentials and devices.

Please do not transmit sensitive information via unencrypted communication channels.

7. Data Retention

We retain personal information for as long as reasonably necessary to provide the Services, fulfill orders, comply with legal obligations, enforce agreements, or resolve disputes. Information that is no longer required will be deleted or anonymized.

8. International Data Transfers

If you access the Services from outside the United States, you acknowledge and consent that your information may be transferred to, stored in, and processed in the United States, where data protection laws may differ from those in your jurisdiction.

9. Children’s Privacy

The Services are not directed to individuals under age 13, and we do not knowingly collect personal information from such individuals. If we learn that such data has been collected, we will promptly delete it.

10. Email & SMS Marketing Practices

Your opt-in information for SMS or email marketing is used solely to administer the messaging service and is not sold or shared with third parties for their own marketing purposes. We may provide information to our messaging partners solely to facilitate delivery.

11. Changes to This Policy

We may revise this Policy at any time. Material changes will be indicated by an updated “Last updated” date. Your continued use of the Services following such changes constitutes acceptance of the revised Policy.

12. Contact Information

For questions or requests relating to this Policy, contact: [email protected]

Terms & Conditions

Last updated: December 5, 2025

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and DRINK WHOLESOME LLC, a New Hampshire limited liability company (“Drink Wholesome,” “we,” “us,” or “our”) governing your access to and use of our website, including any subdomains, content, functionality, or services available thereon (collectively, the “Site”). By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in full, you must immediately discontinue all use of the Site. Your continued use of the Site constitutes your ongoing acceptance of the Terms as they may be amended from time to time.

1. Ownership, Intellectual Property, and License Restrictions

All text, graphics, photographs, videos, audio recordings, product names, logos, trade dress, software, data compilations, and other materials appearing on the Site (collectively, “Content”) are the exclusive property of Drink Wholesome or its licensors and are protected by United States and international copyright, trademark, and intellectual property laws.

Except as expressly authorized by these Terms or by our prior written consent:

• You shall not copy, reproduce, adapt, distribute, publish, display, transmit, perform, translate, prepare derivative works of, sublicense, or otherwise exploit the Site or the Content, in whole or in part.
• You shall not use any framing, scraping, deep-linking, harvesting, indexing, or data-mining tools in connection with the Site.
• You acquire no ownership rights or licenses by accessing the Site.

All rights not expressly granted herein are hereby reserved by Drink Wholesome.

2. Eligibility

The Site is intended for individuals who are at least eighteen (18) years of age and have legal capacity to enter into a binding contract. By using the Site, you represent and warrant that you meet these requirements. Any use of the Site by individuals under 18 is strictly prohibited.

3. Modifications to the Site and to These Terms

We reserve the unilateral right, at any time and without prior notice, to modify, suspend, or discontinue any aspect of the Site, including products, pricing, features, or Content. We may amend these Terms at any time by posting revised Terms on the Site. The “Last updated” date reflects the most recent version. Your continued use of the Site following any such changes constitutes acceptance of the modified Terms.

4. Account Registration and Security Obligations

Certain areas of the Site may require the creation of an account. If you register:

• You agree to provide accurate, current, and complete information and to update such information promptly as changes occur.
• You must maintain the confidentiality of your login credentials and are fully responsible for all activities occurring under your account, whether authorized or not.
• You shall notify us immediately of any unauthorized access, breach, or suspected compromise.
• You shall not impersonate another person or entity, or misrepresent your affiliation with any person or entity.

We reserve the right to suspend or terminate any account at our sole discretion.

5. Acceptable Use Restrictions

You agree that you shall not:

• Use the Site for any unlawful, fraudulent, abusive, harassing, defamatory, or otherwise objectionable purpose;
• Interfere with or disrupt the operation of the Site;
• Probe, scan, or test the vulnerability of the Site or any related network;
• Use any automated system (including bots, spiders, or scrapers) to access the Site without our written consent;
• Attempt to gain unauthorized access to any portion of the Site or to any other systems or networks connected thereto.

Any violation may result in immediate termination of your rights under these Terms.

6. Product Descriptions, Availability, and Order Acceptance

All products, descriptions, images, specifications, and pricing appearing on the Site are subject to change at any time without notice. Drink Wholesome does not guarantee that product descriptions or other Content are accurate, complete, current, or error-free.

By placing an order, you submit an offer to purchase products subject to these Terms. We reserve the right, without liability or prior notice, to:

• Accept or reject any order;
• Correct pricing or typographical errors;
• Limit quantities purchased;
• Cancel orders suspected of fraud, resale, or unauthorized commercial activity.

We define “reselling” broadly as purchasing products for the purpose of commercial redistribution.

7. Pricing, Payment Authorization, and Taxes

All prices are stated in U.S. dollars and may be modified at any time. By submitting payment information, you represent and warrant that:

• You are legally authorized to use the payment method provided;
• The information supplied is true, correct, and complete;
• You authorize us and our third-party payment processors to charge your payment method for all amounts due, including taxes, shipping fees, and incidental charges.

We disclaim responsibility for errors or interruptions by third-party payment processors.

8. Shipping, Risk of Loss, and Return Limitations

Shipping dates are estimates only and not guarantees. Title and risk of loss pass to you upon our delivery of products to the carrier. Our Refunds & Returns policy (above) governs replacement eligibility. Except as explicitly provided therein, all sales are final and non-refundable.

9. User Content, Reviews, and License Grant

You may be permitted to submit reviews, comments, photos, or other materials (“User Content”). By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to the User Content;
• Your User Content does not violate any law or third-party right;
• Your User Content does not contain unlawful, defamatory, obscene, harmful, or otherwise objectionable material.

By submitting User Content, you hereby grant Drink Wholesome an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such User Content for any lawful purpose, without compensation.

We may remove or modify User Content at any time for any reason, with no obligation to display or preserve it.

10. Third-Party Websites and External Links

The Site may contain links to third-party websites or services. We do not endorse, control, or assume responsibility for any third-party content, policies, or practices. You access third-party sites entirely at your own risk.

11. Health, Nutrition, and FDA Disclaimers

All nutritional or health-related information on the Site is provided solely for general informational purposes and is not medical advice. You should consult a qualified healthcare provider before making dietary changes or using any nutritional supplements.

Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary.

You expressly acknowledge and agree that you are not relying on any statements or representations outside the written materials provided by Drink Wholesome.

12. Email & SMS Marketing Consent

By providing your email address and/or mobile number and explicitly opting in, you consent to receive recurring email and/or text messages from us, including marketing offers and transactional updates. Message frequency may vary. Consent is not a condition of purchase.

You may opt out at any time by following the instructions provided in the communication.

You agree that we are not liable for any delays, failures, or misdirected delivery related to messaging services.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, FREE OF ERRORS, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL DRINK WHOLESOME, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Drink Wholesome and its officers, directors, members, employees, agents, successors, and assigns from all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your access to or use of the Site;
• Your breach of these Terms or any applicable law;
• Your User Content;
• Any activity occurring under your account, whether authorized or not.

16. Binding Arbitration Agreement and Class Action Waiver

A. Agreement to Arbitrate
You and Drink Wholesome agree that any dispute, claim, or controversy arising out of or relating in any way to the Site, the products, or these Terms (“Dispute”) shall be resolved exclusively by binding arbitration administered by a recognized arbitration provider under its applicable rules. Arbitration shall occur on an individual basis only.

B. Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST DRINK WHOLESOME.

C. Exceptions
Either party may bring an individual action in small claims court or seek injunctive relief relating to intellectual property rights in a court of competent jurisdiction.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to its conflict-of-law principles, except to the extent preempted by U.S. federal law.

18. Termination

We may, at our sole discretion and without notice, terminate or restrict your access to the Site for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site shall immediately cease.

19. Electronic Communications Consent

By using the Site, you consent to receive electronic communications from us, including notices, disclosures, and other communications required by law. Such communications satisfy any legal requirement that they be in writing.

20. Miscellaneous Provisions

• If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
• You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Drink Wholesome regarding the Site.

21. Contact Information

If you have questions regarding these Terms, please contact us at: [email protected]