Terms and conditions

1. Acceptance of Terms

By enrolling in, accessing, or participating in the Early Testers Program (the “Program”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions (the “Terms”). If you do not agree, do not enroll in the Program and do not use the Product.

2. Program Description

The Program allows approved participants to receive one (1) seven-day trial supply of The Joe before its public release for the purpose of testing the Product and providing feedback.

3. Eligibility Requirements

To participate, you represent, warrant, and agree that:

(a) you are at least eighteen (18) years old and legally capable of entering into a binding agreement;

(b) you will provide complete, current, and accurate information during enrollment;

(c) you will use the Product only for yourself and only as directed;

(d) you will not sell, resell, share, transfer, distribute, gift, or allow any other person to consume the Product;

(e) you have reviewed the ingredient list before using the Product;

(f) you are not aware of any allergy, sensitivity, intolerance, or other condition that would make use of the Product unsafe for you;

(g) if you are pregnant, nursing, trying to become pregnant, under medical supervision, taking medication, have a medical condition, or have any concern about using the Product, you will not participate unless you first consult a licensed physician and obtain medical advice that the Product is appropriate for you.

We reserve the right to approve, deny, suspend, or remove any participant from the Program at any time, for any reason or no reason, in our sole discretion.

4. Ingredient Disclosure

We agree to disclose the ingredients contained in the Product made available through the Program. You acknowledge that it is your responsibility to review those ingredients before consuming the Product and to determine, with or without medical advice, whether the Product is appropriate for you.

5. Required Use and Participant Obligations

As a condition of participation, you agree that:

(a) you will begin using the Product within a reasonable time after delivery;

(b) you will take the Product once per day for seven (7) consecutive days, or exactly as otherwise directed by us in writing;

(c) you will not exceed the recommended serving or use instructions;

(d) you will complete and submit the required Program survey truthfully and in good faith after you have consumed the seven-day supply; and

(e) you will submit the survey no later than fourteen (14) calendar days after the Product is marked delivered by the carrier, or if no tracking is available, fourteen (14) calendar days after you receive the Product.

6. Payment Method Authorization and Non-Return Charge

Participation in the Program requires you to provide a valid payment method.

BY ENROLLING, YOU EXPRESSLY AUTHORIZE SAPP LLC TO STORE THE PAYMENT METHOD YOU PROVIDE AND TO CHARGE A ONE-TIME NON-RETURN / NON-COMPLIANCE FEE OF TEN DOLLARS (US $10.00), PLUS ANY APPLICABLE TAX, IF YOU FAIL TO SUBMIT THE REQUIRED SURVEY WITHIN THE DEADLINE STATED IN SECTION 5.

You agree that this fee is not a recurring subscription charge. It is a one-time charge intended to cover the value of the trial supply, shipping, handling, administrative processing, and Program costs if you do not complete the Program requirements.

You are responsible for ensuring that your payment information remains valid and current through the end of the applicable survey submission period. If your payment method is declined, we may attempt to process the charge again using the same payment method or any other payment method lawfully associated with your account, to the extent permitted by law.

Except where required by law, all such charges are nonrefundable.

7. Assumption of Risk

YOU UNDERSTAND AND AGREE THAT CONSUMING ANY DIETARY SUPPLEMENT INVOLVES INHERENT AND POTENTIAL RISKS, INCLUDING WITHOUT LIMITATION ALLERGIC REACTIONS, SENSITIVITIES, DIGESTIVE UPSET, INTERACTIONS WITH MEDICATIONS OR OTHER SUPPLEMENTS, UNEXPECTED SIDE EFFECTS, OR OTHER KNOWN OR UNKNOWN REACTIONS.

YOU VOLUNTARILY CHOOSE TO PARTICIPATE IN THE PROGRAM AND TO USE THE PRODUCT WITH FULL KNOWLEDGE OF THESE POTENTIAL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE.

8. Health and Safety Disclaimer

The Joe is a dietary supplement and is not a drug or medical treatment. No information provided through the Program, on our website, in emails, in packaging, in advertising, or in survey materials is medical advice, diagnosis, or treatment advice.

The Joe has not been approved by the U.S. Food and Drug Administration (FDA) for the diagnosis, cure, mitigation, treatment, or prevention of any disease, illness, or condition. Statements regarding The Joe have not been evaluated by the FDA. The Joe is not intended to diagnose, treat, cure, or prevent any disease. You understand and agree that any decision to use The Joe is made voluntarily and at your own risk.

You should stop using the Product immediately and seek appropriate medical advice or emergency care if you experience any adverse reaction, side effect, or other concerning symptom.

9. Release of Liability; Waiver of Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SAPP LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO:

(a) YOUR PARTICIPATION IN THE PROGRAM;

(b) YOUR RECEIPT, HANDLING, STORAGE, OR USE OF THE PRODUCT;

(c) ANY SIDE EFFECT, ALLERGIC REACTION, SENSITIVITY, ILLNESS, INJURY, OR OTHER OUTCOME ALLEGEDLY RELATED TO THE PRODUCT;

(d) YOUR FAILURE TO REVIEW INGREDIENTS, FOLLOW DIRECTIONS, SEEK MEDICAL ADVICE, OR DISCLOSE RELEVANT HEALTH INFORMATION; OR

(e) ANY DELAY, INTERRUPTION, MODIFICATION, OR CANCELLATION OF THE PROGRAM.

THIS RELEASE APPLIES TO ALL CLAIMS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEPT TO THE EXTENT A CLAIM CANNOT BE WAIVED UNDER APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE PROGRAM OR THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PROGRAM OR THE PRODUCT SHALL NOT EXCEED THE GREATER OF (I) TEN U.S. DOLLARS (US $10.00) OR (II) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US, IF ANY, FOR PARTICIPATION IN THE PROGRAM.

11. No Warranties

THE PROGRAM AND PRODUCT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAPP LLC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SAFETY, QUALITY, AVAILABILITY, AND RESULTS.

We do not warrant that the Product will meet your expectations, produce any particular outcome, be free from side effects, or be appropriate for your individual use.

12. Feedback; Survey Responses; License to Use

You agree that any survey response, review, comment, suggestion, idea, recommendation, testimonial, photo, video, statement, or other feedback you provide in connection with the Program (collectively, “Feedback”) may be used by SAPP LLC for product development, quality control, internal analysis, research, marketing, advertising, and other lawful business purposes.

By submitting Feedback, you grant SAPP LLC a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit that Feedback in any media now known or later developed.

You represent and warrant that your Feedback is truthful, based on your actual experience, and does not violate any law or infringe any third-party rights.

We will handle personal information in accordance with our Privacy Policy. However, unless otherwise stated in the Privacy Policy or required by law, you agree that non-confidential Feedback may be used without compensation to you.

13. Testimonials and Public Statements

If you make any public statement, social media post, review, or testimonial about the Product or the Program, you agree that your statement must reflect your honest opinion and actual experience. You also agree not to make false, misleading, unsubstantiated, or unauthorized claims about the Product, including claims that it diagnoses, treats, cures, mitigates, or prevents any disease, illness, or medical condition.

14. Prohibited Conduct

You agree not to:

(a) misuse the Program;

(b) provide false information or impersonate another person;

(c) attempt to obtain more than one trial supply unless expressly authorized by us;

(d) tamper with, reverse engineer, relabel, repackage, or alter the Product;

(e) share, publish, or disclose confidential pre-release information we designate as confidential; or

(f) use the Product in any unlawful or irresponsible manner.

15. Shipping, Delivery, and Risk of Loss

We are not responsible for delays caused by carriers, incorrect addresses, failed deliveries, porch theft, weather events, or other events outside our reasonable control. You are responsible for providing an accurate shipping address. Risk of loss passes to you upon delivery to the address provided during enrollment, to the maximum extent permitted by law.

16. Program Changes and Termination

We may change, suspend, restrict, or terminate the Program, the Product, eligibility requirements, survey requirements, deadlines, or these Terms at any time, in our sole discretion. Changes will apply prospectively unless otherwise stated. Participation in the Program is not guaranteed and may be discontinued at any time.

17. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any claim, demand, action, proceeding, liability, damage, judgment, settlement, penalty, fine, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

(a) your breach of these Terms;

(b) your misuse of the Product;

(c) your violation of any law, rule, or regulation; or

(d) your infringement or violation of any third-party right.

18. Governing Law

These Terms and any dispute arising out of or related to the Program or the Product shall be governed by the laws of the State of [STATE], without regard to conflict of law principles, except to the extent superseded by applicable federal law.

19. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Program, or the Product shall be resolved exclusively by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

Arbitration shall be conducted in [COUNTY, STATE], or by remote proceeding if permitted, under the applicable consumer arbitration rules of the American Arbitration Association or another comparable provider selected by SAPP LLC.

YOU AND SAPP LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

If the arbitration or class action waiver in this Section is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and litigated in a court of competent jurisdiction, and the remaining provisions of this Section shall remain in full force to the maximum extent permitted by law.

20. Electronic Consent

You agree that checking a box, clicking an acceptance button, submitting an enrollment form, or otherwise electronically indicating acceptance constitutes your electronic signature and your agreement to these Terms, and that such electronic consent is intended to have the same force and effect as a handwritten signature.

21. Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with any Program enrollment page, ingredient disclosure, required consent language, and our Privacy Policy, constitute the entire agreement between you and SAPP LLC regarding the Program and supersede all prior or contemporaneous communications relating to the Program.

23. Contact Information

Questions regarding the Program or these Terms should be sent to:

SAPP LLC
[CONTACT EMAIL]
[MAILING ADDRESS, OPTIONAL]