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Terms of Service

DRAFT TEMPLATE — generated for review. Not legal advice. Have qualified counsel review before publishing.

Placeholders in brackets ([DATE], [ENTITY], [ADDRESS], [STATE], [COUNTY/CITY], [ARBITRATION PROVIDER]) must be completed before this document is published. Provisions on arbitration, class-action waiver, and governing law are jurisdiction-sensitive and must be reviewed by counsel.

Terms of Service

THESIS — havethesis.com

Effective date: [DATE] Last updated: [DATE]

These Terms of Service ("Terms") govern your access to and use of havethesis.com (the "Site") and your purchase of products from Thesis Labs, Inc. ([ENTITY], "THESIS," "we," "us," or "our"). By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

PLEASE READ THESE TERMS CAREFULLY. They include a binding arbitration provision and a class-action waiver (Section 19) that affect how disputes are resolved, a dietary-supplement disclaimer and assumption of risk (Sections 11–12), and subscription auto-renewal terms (Section 7).

If you do not agree to these Terms, do not use the Site or purchase our products.

1. Eligibility

You must be at least 18 years of age to use the Site, create an account, or place an order. THESIS Flow is a dietary supplement that contains caffeine and is intended for adults only. By using the Site or placing an order, you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that all information you provide is accurate. We may refuse, cancel, or limit any order at our discretion, including where we reasonably believe an order violates this requirement.

2. Accounts

You may need to create an account to access certain features or place orders. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep it updated. Notify us immediately at support@havethesis.com of any unauthorized use of your account. We are not liable for losses arising from your failure to safeguard your credentials.

3. Products, Descriptions, and Availability

We attempt to describe our products as accurately as possible. However, we do not warrant that product descriptions, images, formulations, pricing, or other content are complete, current, or error-free. Colors and packaging may vary from images shown. Products are subject to availability, and we may modify, discontinue, or limit any product or quantity at any time without liability.

Product nature. THESIS Flow is a dietary supplement in a dissolvable-strip format. You take it by placing one strip on the tongue and allowing it to dissolve. It is a food product intended for ingestion and is not a drug, and no statement on the Site or in our materials is intended to suggest otherwise. See Section 11.

4. Orders and Acceptance

Your submission of an order is an offer to purchase. All orders are subject to our acceptance. We may accept or decline an order, in whole or in part, for any lawful reason, including suspected fraud, pricing or description errors, product unavailability, or failure to meet eligibility requirements. An order confirmation email acknowledges receipt of your order but does not constitute acceptance; a contract of sale is formed only when we ship the product or expressly confirm acceptance. If we cancel an order after you have been charged, we will issue a refund for the cancelled portion.

Pricing errors. If a product is listed at an incorrect price due to a typographical or other error, we may cancel or refuse any order placed at the incorrect price, even after order confirmation, and will refund any amount charged.

5. Pricing, Taxes, and Currency

All prices are listed in U.S. dollars (USD) unless otherwise stated. The current price for THESIS Flow is $38.00 per box for a one-time purchase and $32.00 per box on an active subscription (prices subject to change). Prices do not include applicable taxes, shipping, or handling, which are calculated and displayed at checkout. You are responsible for all applicable sales, use, and similar taxes. We reserve the right to change prices at any time; changes do not affect orders already accepted.

6. Payment

We accept payment through Stripe, including Apple Pay and other methods we may offer at checkout. PayPal is available only if it is shown as an available payment method at checkout. By submitting payment information, you represent that you are authorized to use the payment method and you authorize us (and our payment processor) to charge the full amount of your order, including taxes and shipping. Payment-card and wallet information is collected and processed by our payment processor; we do not store full card numbers. If a payment is declined or reversed, we may cancel or suspend the related order or subscription. All payments are subject to the terms and privacy practices of the applicable payment processor.

7. Subscriptions and Automatic Renewal

You may choose to purchase THESIS Flow on a recurring subscription. The following terms apply to all subscriptions and are presented to satisfy the Restore Online Shoppers' Confidence Act (ROSCA), FTC Act consumer-protection standards, and applicable state automatic-renewal laws, including California's Automatic Renewal Law.

7.1 Clear and Conspicuous Disclosure

Before you complete a subscription purchase, we disclose, clearly and conspicuously and in visual proximity to the consent mechanism:

  • that the subscription automatically renews until cancelled;
  • the recurring charge (currently $32.00 per box, USD, plus applicable taxes and shipping), and that the amount may change with notice;
  • the billing frequency / renewal interval you select at checkout;
  • how to cancel and the cancellation deadline to avoid the next charge; and
  • the length of any free trial or introductory offer and what happens when it ends (if applicable).

7.2 Express Informed Consent

By selecting a subscription and completing checkout, you provide your express affirmative consent to the recurring charges described above. We will not charge you for a subscription until you have affirmatively agreed to these terms, and we may retain a record of that consent as required by law.

7.3 Renewal and Reminders

Unless you cancel, your subscription automatically renews at the then-current price and interval, and we will charge your payment method on file at the start of each renewal period. Where required by law, we will send renewal or pre-billing reminders and notice of any material changes (including price changes) before they take effect.

7.4 Easy Online Cancellation

You may cancel your subscription at any time, online and without penalty, through your account on the Site or by emailing support@havethesis.com. If you subscribed online, an online cancellation path will remain available. Cancellation that we receive before a renewal's billing/cutoff time will stop future charges; charges already incurred and orders already shipped are subject to Section 9 (Shipping) and the Returns and Refunds Policy. Cancellation takes effect for billing cycles that have not yet begun.

7.5 Changes to Subscription Terms

We may change subscription pricing, products, or terms on a prospective basis. We will provide notice as required by law before any change takes effect, and your continued subscription after the effective date constitutes acceptance. If you do not agree, you may cancel as described above.

8. Promotions, Discounts, and Referrals

Promotional codes, discounts, and referral offers are subject to additional terms disclosed at the time of the offer, may be limited in time or quantity, cannot be combined unless stated, and have no cash value. We may modify or terminate any promotion at any time.

9. Shipping, Delivery, and Risk of Loss

We ship to the destinations listed at checkout. Estimated delivery times are estimates only and are not guaranteed. Shipping charges and methods are displayed at checkout. Title and risk of loss for products pass to you upon our delivery of the products to the carrier. We are not responsible for carrier delays, lost or stolen packages after delivery, or incorrect address information you provide. Claims relating to non-delivery, damage, or shortages should be reported to support@havethesis.com promptly. You are responsible for any import duties, customs, or taxes on international shipments.

10. Returns, Refunds, and Cancellations

Returns, refunds, and order cancellations are governed by our Returns and Refunds Policy, which is incorporated by reference into these Terms. Because THESIS Flow is an ingestible consumable product, certain items may be non-returnable once opened for health and safety reasons, as described in that policy. Please review it before purchasing.

11. Dietary-Supplement Disclaimer; Healthcare Consultation (DSHEA)

THESIS Flow is a dietary supplement and is not a drug. It is not intended to diagnose, treat, cure, or prevent any disease.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Statements about the product describe its structure/function only (for example, "supports focus"). Individual results may vary, and statements about the product are not a substitute for advice from a qualified healthcare professional.

Consult your healthcare provider before using THESIS Flow, especially if you are pregnant, nursing, sensitive to caffeine, under 18, have a medical condition, or are taking any medication. THESIS Flow contains 40 mg of caffeine per strip; do not exceed the recommended use of one strip per day, and consider your total daily caffeine intake from all sources. Discontinue use and consult a healthcare professional if you experience an adverse reaction. If you are experiencing a medical emergency, call your local emergency number immediately.

12. Assumption of Risk

You understand and acknowledge that dietary supplements, including those containing caffeine, may not be suitable for everyone and may cause side effects or adverse reactions in some individuals. By purchasing and using THESIS Flow, you voluntarily assume all risks associated with its use, including risks arising from caffeine sensitivity, allergies, interactions with medications or other supplements, and individual health conditions. You agree to read the label, follow the directions for use, and use the product responsibly.

13. Acceptable Use and Prohibited Conduct

You agree not to:

  • use the Site for any unlawful, fraudulent, or unauthorized purpose;
  • resell, redistribute, or commercially exploit our products without our written authorization, or purchase quantities that suggest an intent to resell;
  • misrepresent your age, identity, or eligibility, or place orders on behalf of minors;
  • attempt to interfere with, disrupt, probe, or gain unauthorized access to the Site or its systems;
  • use bots, scrapers, or automated means to access the Site except as expressly permitted;
  • infringe our or any third party's intellectual-property or other rights; or
  • violate any applicable law or regulation in connection with your use of the Site or products.

We may suspend or terminate your access or cancel orders for violations of this Section.

14. Intellectual Property

The Site and its contents — including the THESIS name, wordmark, logos, the "flow state. on your tongue." tagline, text, graphics, design, images, and software — are owned by or licensed to THESIS and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, create derivative works from, or commercially exploit any part of the Site without our prior written consent. All rights not expressly granted are reserved.

15. User Content

If you submit reviews, comments, feedback, or other content ("User Content"), you grant THESIS a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display that User Content in connection with the Services and our marketing. You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. You agree not to submit content that is unlawful, defamatory, infringing, deceptive, or otherwise objectionable. We may remove or refuse to publish User Content at our discretion, and we are not responsible for User Content submitted by others.

16. Disclaimers of Warranty

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THESIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless THESIS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

19. Governing Law; Dispute Resolution; Arbitration; Class-Action Waiver

19.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Site or products are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision below.

19.2 Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at support@havethesis.com and attempt to resolve the dispute informally. We will attempt in good faith to resolve any dispute within 60 days of receiving your written notice.

19.3 Binding Arbitration

If we cannot resolve a dispute informally, you and THESIS agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the products will be resolved by final and binding arbitration administered by [ARBITRATION PROVIDER] under its then-current consumer arbitration rules, rather than in court, except as provided below. The arbitration will be conducted in [COUNTY/CITY], [STATE], or another mutually agreed location, or by remote means where available. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

19.4 Class-Action Waiver

YOU AND THESIS 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, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.

19.5 Exceptions and Opt-Out

Nothing in this Section prevents either party from seeking relief in small-claims court for qualifying claims, or from seeking injunctive relief for intellectual-property infringement or unauthorized access. You may opt out of this arbitration provision by sending written notice to support@havethesis.com within 30 days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other provision of these Terms.

Note: Arbitration, venue, class-waiver, and opt-out mechanics are highly jurisdiction-sensitive. [ARBITRATION PROVIDER], [STATE], and [COUNTY/CITY] must be selected and the provision reviewed by counsel before publishing.

20. Termination

We may suspend or terminate your access to the Site or cancel your orders or subscriptions at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination — including Sections 11–12, 14–19, and 21 — survive.

21. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy, Returns and Refunds Policy, and any terms presented at checkout, constitute the entire agreement between you and THESIS regarding the Site and products.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices. We may provide notices by email or by posting on the Site.

22. Changes to These Terms

We may modify these Terms from time to time. When we do, we will revise the "Last updated" date and, for material changes, provide additional notice. Your continued use of the Site or placement of orders after the effective date of revised Terms constitutes acceptance. If you do not agree to the changes, stop using the Site and, if applicable, cancel your subscription.

23. Contact Us

Thesis Labs, Inc. ([ENTITY]) [ADDRESS] Email: support@havethesis.com · hello@havethesis.com Website: https://havethesis.com

DRAFT TEMPLATE — generated for review. Not legal advice. Have qualified counsel review before publishing. Complete all [DATE], [ENTITY], [ADDRESS], [STATE], [COUNTY/CITY], and [ARBITRATION PROVIDER] placeholders, and have counsel review the arbitration, class-waiver, and governing-law provisions before this document is published.