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Terms of Service

Moonward Brands, Inc. · A33 · geta33.com

Effective date: Last updated:

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING AN AUTOMATIC-RENEWAL SUBSCRIPTION PROGRAM, LIMITATIONS ON OUR LIABILITY, A BINDING ARBITRATION PROVISION, AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. BY USING THIS SITE OR PLACING AN ORDER, YOU AGREE TO THESE TERMS.

1. Agreement to These Terms

These Terms of Service (“Terms”) apply to your use of geta33.com (the “Site”) and to the purchase and sale of products and services through the Site. They form a binding agreement between you and Moonward Brands, Inc., a Delaware corporation (“Moonward,” “we,” “us,” or “our”), which operates the A33 brand.

We may change these Terms at any time in our discretion. The current version is always posted on the Site, and the “Last updated” date above tells you when it last changed. Your continued use of the Site, or your placement of an order, after a change takes effect means you accept the revised Terms. Changes do not apply retroactively to orders already placed.

Our Privacy Policy, and any policy or program terms referenced in these Terms or presented to you at checkout, are incorporated into these Terms by reference. Please review them before ordering.

2. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, and able to enter into a binding contract, in order to use the Site or place an order. Our products are intended for adults only. We do not knowingly sell to minors.

3. Health Disclaimer — Our Products Are Not Medicine

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.

Our products are dietary supplements, not drugs. Nothing on the Site, in our packaging, in our emails, or in any content we publish is medical advice, and none of it is a substitute for the advice of a licensed healthcare professional. We do not provide medical services and no doctor-patient relationship is created by your use of the Site or purchase of our products.

Consult your physician or another qualified healthcare provider before using our products, and in particular before using them if you are pregnant or nursing, have a medical condition, are taking any prescription medication (including a GLP-1 or other prescription medication), or are under the care of a physician. Discontinue use and seek medical attention if you experience an adverse reaction. Never disregard or delay seeking professional medical advice because of something you read on the Site.

We are not affiliated with, endorsed by, or sponsored by any pharmaceutical manufacturer, and our products are not a substitute for, and do not replace or alter the effect of, any prescription medication. Individual results vary, and no particular outcome is promised.

4. Orders, Acceptance, and Personal Use

Your order is an offer to buy the products in it on these Terms. We are not obligated to accept any order and may refuse, limit, or cancel any order or any quantity, in whole or in part, at any time and for any reason, including suspected fraud, pricing or listing errors, or a violation of these Terms. A binding contract is formed only when we send you an order confirmation email or, if earlier, when we ship the products.

Payment must be received before we accept an order, and we may request additional information to verify an order or a payment method. If we cancel an order after your payment method has been charged, we will refund the amount charged for the cancelled items.

We sell for personal, household, non-commercial use only. You may not resell, redistribute, or export our products, or purchase them for resale, without our prior written consent, and we may cancel orders that appear to be for resale.

5. Pricing, Taxes, and Errors

Prices, promotions, and product availability are shown on the Site and may change at any time without notice. Prices exclude shipping and applicable taxes unless stated otherwise; those amounts are calculated and shown at checkout. You are responsible for all applicable sales, use, and similar taxes.

We try to describe and price our products accurately, but typographical, pricing, and other errors can occur. If a product is listed at an incorrect price or with incorrect information, we may cancel or refuse any order placed at the incorrect price, whether or not the order has been confirmed and your payment method charged, and we will refund any amount charged.

Any struck-through, compared, or “regular” price shown on the Site refers to our own former or list price for the item and is not a representation about any other seller’s price.

6. Subscriptions and Automatic Renewal

If you enroll in a subscription, you are authorizing a recurring charge. By placing a subscription order, you authorize us and our payment processor to charge your payment method on a recurring basis, at the price and on the delivery frequency disclosed to you at checkout, until you cancel. Your subscription renews automatically. Subscription pricing for your first order may differ from the price of later orders; the applicable prices are disclosed at checkout and in your order confirmation.

Before each renewal charge, we will send a reminder email to the address on your account at least three days in advance, identifying the upcoming charge, the amount, and how to cancel.

Cancelling. You may cancel a subscription at any time, with no cancellation fee and no minimum number of orders, through your account on the Site or by emailing hello@geta33.com. If you cancel before an order has shipped, that order will not be charged, or, if already charged, will be refunded in full. Once an order has shipped, cancellation applies to future orders only and that shipment is handled under Section 8 (Returns and Refunds).

We may change subscription pricing or terms on advance notice to you by email. If you do not want to continue at the new price or terms, you may cancel before the change takes effect. We may also suspend or cancel a subscription if a payment method is declined or if we discontinue a product, and we will notify you if we do.

Keep your account and payment information current. We are not responsible for missed deliveries or failed charges caused by out-of-date information.

7. Shipping, Title, and Risk of Loss

We ship to the regions listed at checkout, which may change over time. Shipping timeframes shown on the Site are estimates, not guarantees, and do not include order-processing time. We are not liable for delays caused by carriers, customs, weather, or other circumstances outside our control.

Title and risk of loss pass to you when we deliver the products to the carrier. If an order arrives damaged, or does not arrive, contact us at hello@geta33.com and we will work with you to resolve it.

You are responsible for providing a complete and accurate shipping address. If an order is returned to us as undeliverable because of an incorrect address or a failure to collect it, we may refund the product price less shipping costs, or reship at your expense.

For orders shipped outside the United States, you are the importer of record and are responsible for any duties, taxes, customs charges, and compliance with local law, including any restriction on importing dietary supplements into your country.

8. Returns, Refunds, and Our Guarantee

We offer a satisfaction guarantee on your first shipment only. If you are not satisfied with your first shipment, contact us at hello@geta33.com within 60 days of delivery and we will refund the purchase price of that shipment. The guarantee applies once per customer and per household, covers the first shipment only, and does not extend to later subscription orders or repeat purchases.

Outside the guarantee, all sales are final, except that we will replace or refund products that arrive damaged, defective, or incorrect. Because our products are consumable health products, we cannot accept returns of opened product for resale, and we may ask you to dispose of product rather than return it.

Refunds are issued to the original payment method and typically appear within five to ten business days of processing, depending on your bank or card issuer. Original shipping charges are non-refundable except where an order was damaged, defective, incorrect, or cancelled by us.

We may decline a refund request that we reasonably determine to be abusive or fraudulent, including repeated guarantee claims across accounts, addresses, or payment methods.

Nothing in this section limits any right you have that cannot be waived under applicable consumer protection law.

9. Promotions, Discounts, and Referral Programs

Promotional codes, discounts, bundles, gifts with purchase, and referral or affiliate programs are offered at our discretion, are subject to any additional terms disclosed with them, and may be modified or discontinued at any time. Unless we say otherwise, they cannot be combined, have no cash value, are non-transferable, and apply only to the qualifying order.

We may cancel an order, void a discount, or close an account if we determine that a promotion has been misused, including through code sharing, duplicate accounts, or self-referral.

10. Accounts

You may need an account to place or manage orders. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly at hello@geta33.com if you believe your account has been used without your authorization. We may suspend or terminate an account at any time if we believe it has been used in violation of these Terms.

11. Reviews, Testimonials, and Other Content You Submit

If you submit a review, photo, video, comment, survey response, or other content to us or through the Site (“User Content”), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any media, and to use any name, username, handle, likeness, or voice included in it, in connection with our brands and marketing, without further notice, compensation, or attribution.

You represent that you own or control all rights in your User Content, that it is accurate and reflects your honest experience, that you have any consent needed from anyone appearing in it, and that it does not infringe anyone’s rights or violate any law.

If you received any product, discount, payment, or other incentive in exchange for content about our products, you must clearly and conspicuously disclose that connection wherever the content appears, consistent with the Federal Trade Commission’s endorsement guidelines.

We do not have to publish or keep any User Content, and we may remove or edit it at any time. Reviews and testimonials reflect the experience of the individual and are not a guarantee that anyone else will have the same result.

12. Acceptable Use

You agree not to:

  • use the Site for any unlawful purpose or in violation of these Terms;
  • submit false, misleading, infringing, defamatory, harassing, obscene, or hateful content;
  • impersonate anyone or misrepresent your affiliation with any person or entity;
  • interfere with or disrupt the Site, its security, or its underlying infrastructure;
  • use any robot, scraper, or automated means to access, monitor, or copy the Site or its content, except for standard search-engine indexing;
  • attempt to gain unauthorized access to any account, system, or data; or
  • use the Site to develop a competing product or service, or to collect information about our customers.

We may investigate and take any action we consider appropriate, including removing content, suspending access, cancelling orders, and reporting conduct to law enforcement.

13. Intellectual Property

The Site and its contents — including text, graphics, photographs, video, product formulations and packaging design, logos, and the selection and arrangement of all of it — are owned by us or our licensors and are protected by copyright, trademark, trade dress, and other laws. “Moonward” and “A33,” together with our logos and product names, are our trademarks. You may not use them without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, sell, or create derivative works from any part of the Site except as expressly permitted. All rights not expressly granted are reserved.

If you believe content on the Site infringes your copyright, send a notice to hello@geta33.com or to the mailing address in Section 22, with the subject line “DMCA Notice,” including: identification of the copyrighted work; identification of the material you say is infringing and its location; your name, address, telephone number, and email address; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and your physical or electronic signature. We may remove material we believe in good faith to be infringing and may terminate the accounts of repeat infringers.

15. Third-Party Links and Services

The Site may link to or integrate with websites, platforms, and services we do not control, including payment processors, shipping carriers, and social media platforms. We are not responsible for their content, products, practices, or terms, and a link is not an endorsement. Your dealings with them are between you and them, and are governed by their terms and privacy policies.

16. Electronic Communications

By using the Site or placing an order, you consent to receive communications from us electronically, including transactional messages about your orders, subscriptions, and account. You agree that electronic communications, agreements, and notices satisfy any legal requirement that they be in writing.

If you opt in to marketing emails, you may unsubscribe using the link in any marketing email or by emailing hello@geta33.com. You will still receive transactional messages about your orders and subscriptions. Consent to marketing messages is not a condition of purchase.

17. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 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, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT IS ACCURATE OR COMPLETE. WE MAKE NO WARRANTY THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR HEALTH, WELLNESS, OR OTHER RESULT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOONWARD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT 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 THE SITE, ANY PRODUCT, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

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

19. Indemnification

You agree to indemnify, defend, and hold harmless Moonward 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 your use of the Site, your User Content, your violation of these Terms, your violation of any law, or your violation of the rights of any third party. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with us.

20. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before starting an arbitration or any other proceeding, you agree to contact us at hello@geta33.com with a written description of the dispute, the relief you seek, and your contact and order information, and to give us sixty (60) days to try to resolve it informally. We will do the same before starting a proceeding against you. This is a condition precedent to starting arbitration, and the applicable limitations period is tolled during this period.

Binding arbitration. If we cannot resolve a dispute informally, you and Moonward agree that any dispute, claim, or controversy arising out of or relating to the Site, any product, or these Terms, including their formation, interpretation, breach, or termination, will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability, or arbitrability of this section, except that a court decides whether the class action waiver below is enforceable.

Procedure and costs. Arbitration will be conducted by a single arbitrator. Unless you and we agree otherwise, any in-person hearing will take place in the county of your residence or, at your election, be conducted by telephone, videoconference, or on written submissions. We will pay the arbitration filing, administration, and arbitrator fees to the extent AAA’s rules require, and we will not seek our attorneys’ fees from you unless the arbitrator finds your claim was frivolous. The arbitrator may award the same individual relief a court could, and the award may be entered as a judgment in any court of competent jurisdiction.

Class action and jury trial waiver. YOU AND MOONWARD 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND MOONWARD WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest will proceed in arbitration.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

Your right to opt out. You may opt out of this arbitration agreement by sending written notice to hello@geta33.com or to the mailing address in Section 22 within thirty (30) days of your first purchase, stating your name, the email address on your order, and that you are opting out of arbitration. Opting out will not affect any other part of these Terms or your ability to purchase from us.

Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

21. General

Governing law and venue. These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. To the extent a matter is not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in the State of Florida.

Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, supply chain or ingredient shortages, manufacturing or carrier failures, utility or telecommunications outages, cyberattacks, or governmental action.

Severability and waiver. If any provision of these Terms is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with our Privacy Policy and any terms presented at checkout or with a specific program or promotion, are the entire agreement between you and us regarding the Site and your purchases, and supersede any prior agreements on that subject.

No third-party beneficiaries; relationship. These Terms do not create any third-party beneficiary rights, and nothing in them creates a partnership, joint venture, employment, or agency relationship between you and us.

Export and use outside the United States. We operate from the United States. We make no representation that the Site or our products are appropriate or available for use in any other location. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

Headings. Section headings are for convenience only and do not affect interpretation.

22. Contact Us

Questions about these Terms, an order, or a subscription:

Moonward Brands, Inc.
2021 Fillmore St PMB 2444, San Francisco, CA 94115
hello@geta33.com