Terms of Service

Agreement to Terms

By accessing or using the Upgrade Health website located at upgradehealth.com (the "Site"), creating an account, or purchasing products, you ("Customer," "you," or "your") agree to be legally bound by these Terms of Service and all incorporated policies, including our Privacy Policy, Shipping Policy, and Return & Refund Policy.

If you do not agree with any part of these Terms, you must not use our Site or purchase our products. These Terms constitute the entire agreement between you and Upgrade Health, Inc. regarding your use of the Site and supersede all prior agreements.

We reserve the right to update these Terms at any time. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

Who We Are

Upgrade Health is operated by Upgrade Health, Inc., a company incorporated in the State of California, United States.

Products & Eligibility

Our products are dietary supplements intended to support health and wellness. They are not intended to diagnose, treat, cure, or prevent any disease.

Eligibility requirements:

• You must be at least 18 years of age to purchase our products.
• You must be a legal resident of a country where our products are permitted for sale and importation.
• You represent that all information you provide is accurate, current, and complete.
• Products are for personal use only and may not be resold without written authorization from Upgrade Health, Inc.

We reserve the right to refuse service, cancel orders, or limit quantities at our sole discretion.

Ordering & Payment

All orders placed through our Site are subject to our acceptance. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, pricing errors, or suspected fraud.

Payment: We accept Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, PayPal, and Shop Pay. All charges are processed in USD. By submitting an order, you authorize us to charge the total amount to your selected payment method.

Pricing: Prices are subject to change without notice. The price charged for a product will be the price displayed at the time the order is placed. We are not responsible for typographical errors. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund.

Taxes: Applicable sales tax will be calculated and added to your order total based on your shipping address and local tax laws.

Subscriptions

Upgrade Health offers a subscription program ("Subscribe & Save") that provides automatic recurring deliveries at a discounted rate.

• By enrolling in a subscription, you authorize us to automatically charge your payment method on the schedule selected at checkout.
• Subscriptions can be paused, modified, or cancelled at any time through your account dashboard or by contacting our support team.
• Cancellation must be made at least 48 hours before the next scheduled billing date to avoid being charged for the upcoming shipment.
• Subscription pricing is locked for the duration of active subscription enrollment. Price changes will be communicated at least 14 days in advance.
• Promotional pricing for first orders does not guarantee future subscription pricing.

Shipping & Delivery

Shipping terms, transit times, carrier information, and international shipping policies are governed by our Shipping Policy, which is incorporated into these Terms by reference.

• Risk of loss and title pass to you upon delivery to the carrier.
• We are not responsible for delays caused by customs, weather, carrier disruptions, or events outside our control.
• Shipping addresses cannot be changed once an order has been fulfilled.
• You are responsible for providing an accurate and complete shipping address. We are not liable for orders shipped to incorrectly entered addresses.

Please review our full Shipping Policy for complete details.

Returns & Refunds

We stand behind our products with a 60-Day Money-Back Guarantee. If you are not satisfied with your results for any reason within 60 days of your original purchase date, contact our support team for a full refund of your purchase price (excluding shipping).

Complete terms, exclusions, and the claims process are detailed in our Return & Refund Policy, which is incorporated into these Terms by reference.

Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, product images, audio clips, video, data compilations, and software — is the property of Upgrade Health, Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works of any Site content without our express written consent.
• Use any Upgrade Health trademarks, logos, or brand assets without prior written authorization.
• Scrape, crawl, or data-mine any portion of the Site in a way that could impair its performance or circumvent our security measures.
• Use our content in any way that implies endorsement or affiliation without authorization.

Any feedback, suggestions, or ideas you submit to us may be used by Upgrade Health without restriction or compensation.

Prohibited Conduct

When using our Site, you agree not to:

• Violate any applicable laws, regulations, or third-party rights.
• Use the Site for any unlawful, harmful, fraudulent, or deceptive purpose.
• Submit false, misleading, or inaccurate information during checkout or account registration.
• Attempt to gain unauthorized access to any portion of the Site or its related systems.
• Interfere with or disrupt the integrity or performance of the Site.
• Transmit viruses, malware, or any other harmful or disruptive code.
• Engage in unauthorized commercial use, reselling, or bulk purchasing for arbitrage.
• Post or transmit defamatory, offensive, or objectionable content in reviews or communications.

We reserve the right to terminate your access to the Site immediately and without notice for any violation of these provisions.

Health Disclaimer

Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information on our Site is provided for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Before starting any supplement regimen, you should:

• Consult with a licensed healthcare professional, especially if you have a pre-existing medical condition.
• Inform your physician of all medications and supplements you are currently taking.
• Discontinue use and seek medical attention if you experience any adverse reactions.
• Keep all supplements out of reach of children.

Upgrade Health, Inc. makes no representations or warranties that our products will achieve specific results. Individual results vary based on genetics, lifestyle, diet, exercise, and other factors.

These statements have not been evaluated by the Food and Drug Administration.

Warranties & Limitation of Liability

Disclaimer of Warranties: THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UPGRADE HEALTH, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE SIX MONTHS PRIOR TO THE INCIDENT, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Site or purchase our products.

By using the Site, you consent to the collection and use of your data as described in our Privacy Policy.

Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or products, the parties agree to first attempt to resolve the dispute through informal negotiation by contacting us at legal@upgradehealth.com.

If informal resolution is unsuccessful within 30 days, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in San Diego, California. You waive the right to participate in any class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we may also provide additional notice, such as an email notification or a banner on our homepage.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of updates.

If you do not agree to the revised Terms, you must stop using the Site and, if applicable, cancel any active subscriptions.

Contact Us

If you have any questions about these Terms of Service, please contact us: