Terms of Service

These Terms of Service (“Terms”) are a legal agreement between Mor Performance LLC, doing business as Mor (“Mor,” “we,” “us,” or “our”), and you as a user of Mor’s website, products, content, communications, promotions, and related services (“you” or “your”).

We make our website available to provide information about Mor, our products, our brand, our promotions, and our services, and to allow you to purchase Mor products when available. Your use of our website, ecommerce store, owned and operated social media channels, email and SMS programs, giveaways, referral programs, ambassador programs, and any services we provide in connection with them are collectively referred to as the “Services.”

By using the Services and/or purchasing products from Mor, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

These Terms contain a dispute resolution procedure, an arbitration agreement, a waiver of class, representative, and collective actions, and a jury trial waiver that affect your legal rights. You may opt out of the arbitration agreement only by following the procedures described below.

By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use certain parts of the Services, including placing an order, signing up for email or SMS updates, entering a giveaway, participating in a referral program, or creating an account, you may be asked to provide certain information, such as your name, email address, phone number, billing address, shipping address, and payment information.

You represent and warrant that all information you provide to us is accurate, current, complete, and that you have all rights necessary to provide that information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to another person.

Mor offers hydration, wellness, and performance-related products, including but not limited to drink mixes, beverage products, merchandise, and related goods.

We make reasonable efforts to accurately display and describe our products. However, product packaging, colors, images, ingredients, flavors, appearance, and other details may differ from how they appear on your screen due to device settings, lighting, photography, manufacturing variations, or product updates.

We do not guarantee that the appearance, taste, texture, color, packaging, or quality of any product will meet your expectations or appear exactly as shown through the Services.

All product descriptions, prices, ingredients, nutrition information, availability, and related content are subject to change at any time without notice. We reserve the right to discontinue, reformulate, repackage, or limit the availability of any product at any time.

The information provided through the Services is for general informational and educational purposes only. Mor products and content are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Any statements about hydration, electrolytes, wellness, energy, performance, recovery, focus, or related benefits are general statements and may not apply to every individual.

You should consult a physician, registered dietitian, or qualified healthcare professional before using our products if you:

• Are pregnant or nursing.
• Have a medical condition.
• Are taking medication.
• Have dietary restrictions.
• Have allergies or sensitivities.
• Have kidney, heart, blood pressure, digestive, or metabolic concerns.
• Are using the product for a child or dependent.

You are responsible for reviewing all ingredients, allergen information, nutrition facts, warnings, and product instructions before using any Mor product.

Mor is not responsible for adverse reactions, allergies, misuse, overconsumption, or failure to follow product directions.

When you place an order through the Services, you are making an offer to purchase the products in your order. We reserve the right to accept, decline, modify, or cancel your order for any reason, including suspected fraud, product unavailability, pricing errors, incorrect product information, shipping restrictions, or violation of these Terms.

Your order is not accepted until we confirm acceptance. We must receive and process payment before your order is accepted.

Please review your order carefully before submitting it. Once an order is placed, we may be unable to accommodate cancellation or modification requests.

If we cancel, change, or are unable to fulfill an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time of purchase.

All products are subject to availability. We are not liable if products are out of stock, delayed, discontinued, or otherwise unavailable.

Unless expressly approved by Mor, purchases are intended for personal or household use only and may not be made for commercial resale, export, or unauthorized distribution.

For wholesale, retail, partnership, or bulk purchase inquiries, please contact us at:

Email: contact@morperformance.com

We want customers to have a positive experience with Mor products. Our refund, return, exchange, and satisfaction policies may vary depending on the product, promotion, purchase channel, and order type.

Unless otherwise stated on the applicable product page or policy page, all refund and return requests should be submitted to:

Email: contact@morperformance.com

To help us process your request, please include:

• Your full name.
• Order number.
• Email address used for the order.
• Product purchased.
• Description of the issue.
• Photos, if the product arrived damaged, defective, or incorrect.

We reserve the right to approve or deny refund, replacement, or exchange requests in our sole discretion, subject to applicable law.

Certain items may be final sale, including promotional items, giveaway items, samples, opened products, used products, limited-edition products, or products purchased through third-party retailers.

Products purchased from third-party retailers must be returned or exchanged through the original place of purchase, unless otherwise stated by Mor.

Please inspect your order upon receipt. If your product arrives defective, damaged, missing, or incorrect, contact us as soon as possible at:

Email: contact@morperformance.com

We may request photos, order information, packaging details, or other documentation to evaluate the issue and determine the appropriate resolution.

Failure to notify us promptly may limit our ability to provide a replacement, refund, or other remedy.

Prices, discounts, subscriptions, offers, and promotions are subject to change without notice.

The price charged for a product will be the price in effect at the time your order is placed and shown in your order confirmation, unless there is an obvious error.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, import fees, or other charges.

Prices offered through the Services may differ from prices offered through third-party retailers, physical stores, events, pop-ups, wholesale channels, or promotional campaigns.

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

You represent and warrant that:

• The payment information you provide is true, correct, and complete.
• You are authorized to use the payment method provided.
• Charges incurred by you will be honored by your payment provider.
• You will pay all charges incurred at the posted prices, including taxes, shipping, and other applicable fees.

You may see authorization holds, pre-authorization holds, or pending charges when you place an order, update your payment method, or purchase a subscription. These are common anti-fraud and payment verification practices and may not represent completed charges. The amount and duration of any hold depends on your payment provider.

If Mor offers subscription products, your subscription will automatically renew at the frequency selected at checkout unless you cancel, pause, or modify it in accordance with the subscription terms provided at the time of purchase.

By purchasing a subscription, you authorize Mor and its payment processors to charge your selected payment method on a recurring basis until your subscription is canceled.

Subscription prices, products, shipping charges, taxes, and renewal terms may change over time. If required by law, we will provide notice before material changes take effect.

You are responsible for managing your subscription, including updating your shipping address, billing information, product preferences, and cancellation settings.

Cancellation requests must be submitted before your next renewal is processed. Once a subscription order has been processed, we may be unable to cancel or modify that order.

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs, incorrect addresses, supply chain disruptions, payment issues, product availability, or events outside our control.

Once we transfer products to the shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.

You are responsible for providing a complete and accurate shipping address. We are not responsible for lost, delayed, or misdelivered orders resulting from incorrect or incomplete shipping information.

We reserve the right to ship partial orders at no additional cost to you. Tracking information may be provided when available, but we do not guarantee the accuracy or availability of carrier tracking systems.

Mor may offer promotions, discount codes, referral programs, giveaways, contests, sweepstakes, ambassador rewards, affiliate incentives, early access offers, or other promotional opportunities.

Unless otherwise stated, promotions:

• Must be used lawfully.
• Must be used only for their intended purpose.
• May not be sold, transferred, duplicated, or posted publicly unless expressly permitted.
• May not be combined with other offers unless expressly stated.
• May be limited to certain products, customers, geographies, or time periods.
• May expire before use.
• May be modified, suspended, or canceled by Mor at any time.
• Are not redeemable for cash, credit, or other value unless required by law.
• Cannot be applied to previous purchases.
• May be subject to additional terms.

We reserve the right to refuse, cancel, or hold any order involving a promotion if we suspect fraud, misuse, abuse, technical error, or violation of these Terms.

We may terminate your eligibility for promotions, referrals, giveaways, or ambassador programs if you:

• Create multiple accounts.
• Use false information.
• Impersonate another person.
• Manipulate referral tracking.
• Use bots or automated tools.
• Abuse discount codes.
• Engage in fraudulent, deceptive, or misleading activity.
• Violate any promotion-specific terms.

Giveaways, contests, and sweepstakes may be subject to separate official rules. If there is a conflict between these Terms and the official rules of a specific promotion, the official rules will govern.

By providing your email address or phone number, you may receive transactional, administrative, or marketing communications from Mor, depending on your selections and applicable law.

If you opt in to SMS messages, you agree to receive recurring automated promotional and personalized marketing text messages from Mor at the phone number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary.

You may opt out of marketing emails by clicking the unsubscribe link in any marketing email.

You may opt out of SMS messages by replying:
STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT

Even if you opt out of marketing communications, we may still send transactional or administrative messages, including order confirmations, shipping updates, account notices, policy updates, and customer service responses.

The Services, including but not limited to Mor’s name, logos, trademarks, slogans, product names, designs, packaging, graphics, text, images, videos, audio, product reviews, website design, software, content, and overall look and feel, are owned by Mor, its affiliates, licensors, or service providers and are protected by U.S. and international intellectual property laws.

Subject to your compliance with these Terms, Mor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, copy, sell, resell, or exploit any portion of the Services without our prior written consent.

Mor’s names, logos, product names, designs, and slogans are trademarks or trade dress of Mor or its licensors. You may not use Mor’s trademarks or any confusingly similar marks without our prior written permission.

All goodwill arising from authorized use of Mor’s trademarks belongs solely to Mor.

We may provide access to third-party tools, platforms, integrations, widgets, payment processors, subscription tools, referral tools, quiz tools, analytics tools, or other functionality that we do not own or control.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without warranties, representations, or conditions of any kind.

Your use of third-party tools is at your own risk and may be subject to the terms and policies of the applicable third-party provider.

We may add, remove, modify, or replace third-party tools or features at any time.

The Services may contain links to third-party websites, platforms, applications, products, services, or content.

We are not responsible for examining or evaluating third-party content, accuracy, policies, products, or services.

If you access third-party websites or services, you do so at your own risk. You should review the applicable third party’s terms, policies, and practices before engaging in any transaction or providing personal information.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

If our ecommerce store is powered by Shopify or another ecommerce platform, that platform enables us to provide certain parts of the Services to you.

However, any sales and purchases you make through our store are made directly with Mor unless otherwise stated.

By using the Services, you acknowledge that Shopify, payment processors, shipping providers, marketing platforms, and other service providers may process information related to your use of the Services in accordance with their own terms and privacy policies.

To the fullest extent permitted by law, you release Shopify and other third-party service providers from claims, damages, and liabilities arising from or related to your purchases and transactions with Mor, except where prohibited by law.

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

Certain personal information may also be processed by third-party platforms, such as Shopify, payment processors, email providers, SMS providers, analytics providers, advertising platforms, and shipping providers, in accordance with their own privacy policies.

If you submit, upload, post, email, tag, message, or otherwise provide ideas, suggestions, feedback, reviews, testimonials, photos, videos, social media posts, comments, proposals, or other content related to Mor or the Services, you grant Mor a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from that content in any media or channel now known or later developed.

This includes use for marketing, advertising, product development, social media, website content, email, SMS, investor materials, retail presentations, and other commercial purposes.

You represent and warrant that:

• You own or have all necessary rights to the content you provide.
• Your content does not violate any third-party rights.
• Your content is accurate and not misleading.
• You have disclosed any compensation, incentive, free product, or relationship with Mor where required by law.
• Your content complies with these Terms and all applicable laws.

We are under no obligation to maintain your content in confidence, pay compensation for your content, respond to your content, or use your content.

We may monitor, edit, remove, repost, or refuse user content at our sole discretion.

You may not submit content that is unlawful, false, misleading, defamatory, abusive, obscene, threatening, harassing, discriminatory, infringing, or otherwise objectionable.

We respect intellectual property rights. If you believe that material available through the Services infringes your copyright, you may contact us at:

Email: contact@morperformance.com

Your notice should include:

• A description of the copyrighted work claimed to be infringed.
• A description of the allegedly infringing material and where it is located.
• Your contact information, including name, address, phone number, and email.
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

THE SERVICES 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, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, MOR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
• ANY CONTENT OBTAINED FROM THE SERVICES.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
• PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO MOR IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Mor, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any rights of a third party.
• Your user content.
• Your conduct in connection with the Services.

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

If you opt out of the arbitration agreement or if the arbitration agreement is found to be unenforceable, you agree that any judicial proceeding will be brought in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction and venue of such courts.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

If any provision is held to be excessively broad as to duration, geographic scope, activity, or subject, it will be enforced to the maximum extent permissible by law.

These Terms, together with our Privacy Policy and any other policies or terms referenced herein, constitute the entire agreement between you and Mor regarding the Services and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Mor.

We may update, modify, or change these Terms at any time in our sole discretion. If we make material changes, we will provide notice where required by law.

Your continued use of the Services after any updated Terms are posted means you accept and agree to the updated Terms.

We encourage you to review these Terms periodically to stay informed about our terms and conditions.

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: contact@morperformance.com