Terms of service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE DAYSHIFT WEBSITE, MOBILE APPLICATIONS, AND PRODUCTS. THEY INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING OUR SERVICES OR PURCHASING OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Introduction and Acceptance of Terms

Welcome to DayShift. These Terms of Service (the "Terms" or "Agreement") constitute a legally binding agreement between you ("you," "your," or "Customer") and Luma Brands LLC, a Texas limited liability company doing business as DayShift ("DayShift," "we," "us," or "our"). These Terms govern your access to and use of the website located at drinkdayshift.com (the "Website"), any mobile applications, software, content, and services offered by DayShift, and your purchase, subscription to, or use of DayShift products (collectively, the "Services").

By accessing or using any portion of the Services, by creating an account, by placing an order, by subscribing to any DayShift subscription product, or by clicking any button signifying acceptance of these Terms, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety, together with the documents incorporated by reference herein, including but not limited to our Privacy Policy, Refund Policy, Cancellation Policy, and Shipping Policy. If you do not agree to these Terms, you must not access or use the Services or purchase DayShift products.

These Terms incorporate by reference the following separate policies, each of which is available on the Website and forms an integral part of this Agreement:

- Privacy Policy, available at drinkdayshift.com/policies/privacy-policy
- Refund Policy, available at drinkdayshift.com/policies/refund-policy
- Cancellation Policy, available at drinkdayshift.com/pages/cancellation-policy
- Shipping Policy, available at drinkdayshift.com/policies/shipping-policy

Your continued use of the Services after we publish or notify you of any changes to these Terms or to any incorporated policies will constitute your acceptance of those changes. We reserve the right, at our sole discretion, to refuse service, terminate accounts, cancel orders, or remove or edit content at any time.

These Terms contain a binding arbitration provision and class action waiver in Sections 29 through 31 that affect your legal rights, including your right to file a lawsuit in court. Please review those sections carefully.

2. About DayShift

DayShift is a brand owned and operated by Luma Brands LLC, a limited liability company organized under the laws of the State of Texas. The DayShift brand operates as a registered "doing business as" (DBA) name of Luma Brands LLC.

Our contact information is as follows:

- Legal Entity: Luma Brands LLC
- DBA: DayShift
- Mailing Address: 2807 Allen St #2293, Dallas, TX 75204
- Customer Support Email: support@drinkdayshift.com
- Website: drinkdayshift.com

DayShift designs, formulates, markets, and sells a daily liquid focus drink supplement intended for adult use, along with certain related branded merchandise. Our products are formulated using a clinically-dosed blend of functional mushrooms, nootropics, and adaptogens and are manufactured at an FDA-registered, cGMP-certified facility located in Riverside, California.

3. Definitions

For purposes of these Terms, the following capitalized terms have the meanings set forth below:

"Account" means the customer account you create on the Website to manage subscriptions, view order history, and update payment and shipping information.

"Agreement" or "Terms" means these Terms of Service, together with all policies, schedules, and documents incorporated by reference.

"Bonus Items" means any complimentary product, packet, or merchandise included in any Order at our discretion or as part of any Welcome Kit, promotional offer, or subscription milestone.

"Business Day" means any day other than a Saturday, Sunday, or federal holiday observed in the United States.

"Customer," "you," or "your" means any individual or entity that accesses or uses the Services, creates an Account, places an Order, or otherwise interacts with the Services.

"DayShift," "we," "us," or "our" means Luma Brands LLC, doing business as DayShift, and its successors, assigns, affiliates, officers, directors, employees, agents, and contractors.

"Order" means any purchase or subscription request you submit through the Website for one or more Products.

"Product" or "Products" means any DayShift-branded item available for purchase through the Website, including without limitation the DayShift focus drink in any flavor or quantity, branded merchandise such as the water bottle add-on, and any other goods we may offer from time to time.

"Services" means the Website, mobile applications, software, customer accounts, customer support, fulfillment, and all other services provided by DayShift.

"Subscription" means any recurring purchase commitment you make for the periodic delivery of Products on the cycle and at the price specified at the time of purchase.

"Subscription Tier" means the specific recurring billing and shipment frequency you select at the time of subscription, currently consisting of the 1-month tier (shipping every four weeks), the 3-month tier (shipping every twelve weeks), or the 6-month tier (shipping every twenty-four weeks).

"Website" means the website located at drinkdayshift.com and any related sub-domains, mobile applications, or successor sites operated by DayShift.

"Welcome Kit" means the bundle of complimentary branded items provided to new subscribers in accordance with the schedule set forth in Section 12.

4. Eligibility

By accessing or using the Services or purchasing any Product, you represent and warrant that:

- You are at least eighteen (18) years of age.
- You are a resident of the United States and the shipping address you provide is located within the fifty United States or the District of Columbia. We do not currently ship to U.S. territories or to any address outside the United States.
- You have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
- All information you provide to us is true, accurate, current, and complete, and you will maintain and promptly update such information as necessary to keep it true, accurate, current, and complete.
- Your use of the Services and your purchase of Products will not violate any applicable law, regulation, or third-party right.
- You are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and you are not on any U.S. government list of prohibited or restricted parties.

We reserve the right to verify any information you provide and to refuse service, cancel Orders, or terminate Accounts if we have reason to believe that you do not meet these eligibility requirements or that you have provided false, misleading, or incomplete information.

5. Account Creation, Security, and Termination

5.1 Account Creation

You may complete a one-time, non-recurring purchase as a guest without creating an Account. However, you must create an Account in order to enroll in any Subscription. When creating an Account, you agree to provide accurate, current, and complete information about yourself, including your full legal name, valid email address, valid shipping address, and valid payment method, and to update such information as necessary.

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials, including your password, and for all activities that occur under your Account. You agree to notify DayShift immediately at support@drinkdayshift.com of any unauthorized access to or use of your Account or any other breach of security. DayShift will not be liable for any loss or damage arising from your failure to safeguard your Account credentials. We strongly recommend that you use a unique, strong password and that you do not share your Account credentials with any third party.

5.3 One Account Per Person

You may not create or maintain more than one Account at any given time. We reserve the right, in our sole discretion, to suspend or terminate any duplicate Accounts and to cancel any Orders placed in connection with such duplicate Accounts.

5.4 Account Termination

We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, or terminate your Account and your access to the Services, in whole or in part, for any reason or no reason, including without limitation if we believe that you have violated these Terms, engaged in fraudulent or unlawful conduct, abused our refund or promotional policies, attempted to resell our Products in violation of Section 23, or engaged in any conduct that we determine to be harmful to DayShift, our customers, or third parties. You may close your Account at any time by contacting customer support at support@drinkdayshift.com.

Upon termination of your Account, all rights granted to you under these Terms will immediately cease, and you will lose access to your Account history, subscription management, and stored payment information. The provisions of these Terms that by their nature should survive termination, including without limitation Sections 21 (Intellectual Property), 23 (No Resale), 25 (Disclaimer of Warranties), 26 (Limitation of Liability), 27 (Indemnification), 29 through 31 (Dispute Resolution), 33 (Governing Law), and 36 through 40 (Miscellaneous), will continue in full force and effect.

6. Products and Services

6.1 Product Description

DayShift is a daily liquid focus drink supplement formulated with a clinically-dosed blend of functional mushrooms, nootropics, and adaptogens. Each individual serving (one packet) contains approximately 120 milligrams of caffeine, an amount comparable to a standard cup of brewed coffee. DayShift is intended for daily use by healthy adults age 18 or older and is recommended at a frequency of approximately five (5) servings per week.

DayShift is sold in single packets that are intended to be mixed into water or another beverage and consumed orally. Packets are not intended to be consumed directly from the packet without dilution.

6.2 Product Availability and Quantity

Our Products are offered subject to availability. We reserve the right to limit the quantity of any Product that you may purchase per Order, per Account, per shipping address, or per payment method. We further reserve the right to discontinue any Product at any time without notice. In the event a Product becomes unavailable after you have placed an Order, we will notify you and either substitute a comparable Product (with your consent), backorder the Product, or refund the affected portion of your Order at our discretion.

6.3 Product Specifications and Imagery

We make every effort to display accurately the colors, features, specifications, and details of the Products on our Website. However, we cannot guarantee that your computer monitor, mobile device, or other display will accurately reflect such colors and details. Product imagery is for illustrative purposes only, and the actual Product you receive may vary slightly in appearance, packaging, or format due to ongoing improvements, supply chain factors, or formulation refinements that do not affect the active ingredients or efficacy of the Product.

6.4 Shelf Life and Storage

DayShift products have an estimated shelf life of one (1) year from the date of manufacture when stored in accordance with the storage instructions printed on the packaging. You are responsible for storing the Product in a cool, dry place and consuming it prior to the expiration date printed on the packaging. We are not responsible for any degradation in Product quality or efficacy resulting from improper storage or consumption after the expiration date.

7. Pricing and Payment

7.1 Prices

All prices for Products are quoted in United States Dollars (USD) and are exclusive of any applicable sales, use, value-added, or other taxes, which will be added to your Order total at checkout based on the shipping address you provide and applicable law. Prices are subject to change at any time without notice; however, any change in price will not affect Orders that have already been placed and accepted. For Subscriptions, the price applicable to your initial Order will be charged at checkout, and the recurring price applicable to subsequent Orders is disclosed at the time of Subscription enrollment and on each pre-renewal notification.

7.2 Current Pricing

As of the Effective Date, our standard pricing is as follows:

- 1-time purchase (one-time, no auto-renewal): $79.00 first charge + applicable shipping. No recurring charge.
- 1-month subscription (ships every 4 weeks): $49.00 first charge, $64.00 recurring every 4 weeks.
- 3-month subscription (ships every 12 weeks): $165.00 first charge, $165.00 recurring every 12 weeks.
- 6-month subscription (ships every 24 weeks): $294.00 first charge, $294.00 recurring every 24 weeks.
- Branded water bottle add-on (one-time): $15.00. No recurring charge.

7.3 Payment Methods and Authorization

We accept major credit and debit cards (Visa, Mastercard, American Express, Discover), as well as such other payment methods as we may make available from time to time at checkout, including but not limited to Apple Pay, Google Pay, and Shop Pay. By providing a payment method to DayShift, you authorize us, our payment processors, and our third-party service providers to charge your payment method for the full amount of your Order, including all applicable taxes and shipping charges.

For Subscriptions, you further authorize us to charge your payment method on file for the recurring charges associated with your Subscription, on the cycle and at the price disclosed at the time of enrollment, until you cancel your Subscription in accordance with these Terms and our Cancellation Policy.

7.4 Failed Payments

If a payment cannot be processed for any reason, including without limitation an expired card, insufficient funds, or a declined transaction, we will attempt to charge your payment method again over a period of several days. If we are unable to successfully process payment after multiple attempts, we may, in our sole discretion, suspend or cancel your Subscription, withhold or delay your shipment, or terminate your Account. You agree to be responsible for any fees, charges, or penalties incurred as a result of your failure to maintain a valid and current payment method on file.

7.5 Sales Tax

We are required to collect sales tax on Orders shipped to certain states based on applicable state and local law. The amount of sales tax, if any, will be calculated based on the shipping address you provide and will be displayed at checkout prior to your final order confirmation.

7.6 Pricing Errors

Despite our best efforts, a small number of Products on our Website may be mispriced. If a Product's correct price is higher than the listed price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your Order and notify you of such cancellation. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have sent you an order confirmation, until your payment method has been charged.

8. Subscription Services and Auto-Renewal

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT DISCLOSURES REGARDING THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND YOUR RIGHT TO CANCEL.

8.1 Subscription Tiers and Billing Frequency

DayShift offers three Subscription tiers. Each tier ships and bills on a fixed-week cycle, as set forth below. By enrolling in any Subscription tier, you acknowledge and consent to the billing frequency disclosed at enrollment, which is calculated in weeks rather than calendar months:

- 1-month tier: ships every 4 weeks (28 days), 13 charges per year, $49 first cycle then $64 thereafter.
- 3-month tier: ships every 12 weeks (84 days), approximately 4 charges per year, $165 per cycle.
- 6-month tier: ships every 24 weeks (168 days), approximately 2 charges per year, $294 per cycle.

Important note regarding the 1-month Subscription: because the 1-month Subscription ships and bills every four weeks (28 days) rather than once per calendar month, you will receive thirteen (13) shipments and be charged thirteen (13) times over the course of a typical calendar year, rather than twelve (12). By enrolling in the 1-month Subscription, you acknowledge and consent to this billing frequency.

8.2 Auto-Renewal Authorization

BY ENROLLING IN ANY SUBSCRIPTION, YOU EXPRESSLY AUTHORIZE DAYSHIFT TO CHARGE YOUR PAYMENT METHOD ON FILE, AT THE PRICE AND FREQUENCY DISCLOSED AT ENROLLMENT, ON A RECURRING BASIS UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS AND OUR CANCELLATION POLICY. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY, AND THAT YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY FOR EACH RECURRING CYCLE, WITHOUT FURTHER NOTICE TO YOU EXCEPT AS REQUIRED BY APPLICABLE LAW, UNTIL YOU CANCEL.

8.3 Pre-Renewal Reminder Notices

As a courtesy and to support your informed control of your Subscription, DayShift will send you an email reminder before each Subscription renewal:

- For 1-month Subscriptions: at least three (3) days before each scheduled renewal charge.
- For 3-month Subscriptions: at least seven (7) days before each scheduled renewal charge.
- For 6-month Subscriptions: at least fourteen (14) days before each scheduled renewal charge.

These reminder notices will be sent to the email address associated with your Account and will include the upcoming charge amount, the scheduled charge date, and a link to manage or cancel your Subscription. You are responsible for ensuring that the email address associated with your Account remains current and that emails from DayShift are not blocked, filtered, or marked as spam.

8.4 Modifying Your Subscription

You may modify your Subscription at any time through the self-service customer portal accessible by logging into your Account on the Website. Available modifications include:

- Skipping an upcoming shipment.
- Pausing your Subscription for a period of up to ninety (90) days.
- Swapping flavors for an upcoming shipment.
- Changing your Subscription tier (e.g., upgrading from a 1-month tier to a 3-month or 6-month tier).
- Updating your shipping address or payment method.

All modifications must be made at least forty-eight (48) hours before your next scheduled shipment date in order to apply to that shipment. Modifications submitted less than 48 hours before your scheduled shipment date will apply to the cycle following the next shipment.

8.5 Cancelling Your Subscription

You may cancel your Subscription at any time through the self-service customer portal accessible by logging into your Account on the Website. Cancellation requires no telephone call, email, or chat session. To take effect for the next scheduled shipment, your cancellation must be processed at least forty-eight (48) hours before your next scheduled shipment date. Cancellations processed within 48 hours of your next shipment will take effect after that shipment ships.

When you initiate a cancellation through the portal, you will be presented with one screen offering alternatives to cancellation, such as skipping a shipment, pausing the Subscription, swapping flavors, or changing tiers. You may select any of these alternatives or you may proceed with cancellation by clicking a single "Cancel my subscription" button on that screen, with no further confirmation required. This save flow is offered as a convenience and does not impede your ability to cancel.

Detailed cancellation procedures are set forth in our Cancellation Policy, available at drinkdayshift.com/pages/cancellation-policy.

8.6 Effect of Cancellation

Upon cancellation, you will not be charged for any future Subscription cycles. You will retain access to and ownership of any Products and Welcome Kit items already shipped or delivered to you, subject to Section 12. Cancellation does not entitle you to a refund of any prior charges, except as expressly provided in our Refund Policy.

9. Promotions, Discount Codes, and Affiliate Programs

9.1 Subscribe & Save

DayShift offers automatic discounts on Subscription Orders compared to one-time purchase pricing. The actual percentage discount varies by Subscription Tier and cycle and is calculated against the standard one-time purchase price of $79 per equivalent quantity. The applicable price for your Subscription is disclosed at the time of enrollment.

9.2 Email and SMS Sign-Up Discount

If you provide your email address and mobile telephone number through our sign-up form on the Website, you may be eligible to receive an additional ten percent (10%) discount on your first Subscription Order. This discount applies only to your first Order and may not be combined with any affiliate code, influencer code, or other manual promotional code.

9.3 One Promotional Code per Order; Greater Discount Wins

Only one manually-entered promotional code may be applied to any given Order. If you would otherwise qualify for both the email/SMS sign-up discount and a manually-entered code (such as an affiliate code or influencer code), the greater discount will be applied to your Order, and the lesser discount will not be applied. The Subscribe & Save discount is automatic and is not considered a "promotional code" for purposes of this restriction; it stacks with whichever single manually-applied or sign-up discount is greater.

9.4 Affiliate and Influencer Codes

From time to time, DayShift partners with affiliates and influencers who may distribute unique discount codes for promotional purposes. The terms of any such affiliate program are governed by a separate Affiliate Agreement available upon request. Affiliate and influencer codes are subject to the following terms:

- Codes are non-transferable and may not be sold, traded, or assigned.
- Codes have no cash value and may not be redeemed for cash.
- Codes may be limited in time, quantity, or applicability and may be modified or discontinued at any time without notice.
- Codes may not be combined with other codes or with the email/SMS sign-up discount, except as provided in Section 9.3.
- We reserve the right to refuse, cancel, or invalidate any code that we determine has been obtained or used in violation of these Terms or in a manner inconsistent with the intended promotional purpose.

9.5 No Referral Program at Launch

As of the Effective Date of these Terms, DayShift does not operate a customer referral program. We may introduce a referral program in the future, in which case the terms of that program will be governed by a separate document.

10. Shipping and Delivery

DayShift currently ships to addresses within the fifty (50) United States and the District of Columbia. We do not ship to U.S. territories, military APO/FPO addresses, or any address outside the United States.

10.1 Delivery Times

Orders are typically processed within one to two (1-2) Business Days of order acceptance. Standard shipping takes an additional two to five (2-5) Business Days for transit, for a total estimated delivery time of three to seven (3-7) Business Days from the date of Order. These delivery times are estimates only and are not guaranteed. Actual delivery times may vary based on carrier performance, weather, holidays, and other factors outside of our control.

10.2 Shipping Costs

Shipping costs are as follows:

- All Subscription Orders: Free shipping on every cycle, regardless of order total.
- One-time Orders of $90 or more (before applicable taxes): Free shipping.
- One-time Orders under $90: Flat-rate shipping of $9.00.

10.3 Title and Risk of Loss

Title to Products and risk of loss for Products pass to you upon delivery to the carrier at our fulfillment facility. Notwithstanding the foregoing, lost, stolen, or damaged shipments are governed by Section 11.5 and our Refund Policy.

10.4 Address Accuracy

You are solely responsible for providing accurate and complete shipping information at the time of your Order. We are not responsible for delays, misdeliveries, or non-deliveries resulting from inaccurate or incomplete shipping information that you provided. If a shipment is returned to us as undeliverable due to an inaccurate address that you provided, we may, at our sole discretion, charge you the cost of re-shipping or refund your Order minus the cost of original shipping and a reasonable restocking fee.

Detailed shipping terms are set forth in our Shipping Policy, available at drinkdayshift.com/policies/shipping-policy.

11. Returns and Refunds

11.1 30-Day Money-Back Guarantee on First Orders

DayShift offers a thirty (30) day money-back guarantee on your first Order, subject to the conditions described below. The 30-day period is measured from the date the Order is delivered to your shipping address.

11.2 "Try 10 Servings" Requirement

Because DayShift is intended to be evaluated over time, we ask that you try at least ten (10) servings of the Product before requesting a refund. Accordingly, opened-Product refunds may only be requested between the twentieth (20th) and thirtieth (30th) day after delivery of your first Order, which corresponds to the period during which a customer using the recommended five (5) servings per week would have completed at least ten servings.

11.3 Eligibility Matrix for Refunds

Refunds are available as set forth in the following matrix:

- First Order (1-time, or first cycle of any Subscription) — Opened or unopened Product returns — Days 20 through 30 from delivery.
- First Order (1-time, or first cycle of any Subscription) — Unopened Product returns only — Days 1 through 30 from delivery.
- Subsequent Subscription renewal Orders — Unopened Product returns only — Days 1 through 30 from order date.

11.4 Return Requirements and Pro-Rated Refunds

To qualify for a full refund of an eligible Order, you must return at least the following number of unopened packets:

- 1-time purchase or 1-month Subscription cycle (20-packet shipment): Return at least 10 unopened packets.
- 3-month Subscription cycle (60-packet shipment): Return all 50 remaining unopened packets after the 10-serving requirement.
- 6-month Subscription cycle (120-packet shipment): Return all 110 remaining unopened packets after the 10-serving requirement.

Bonus packets received as part of any shipment count toward the total packet inventory and must be returned (if unopened) along with the consumable packets.

If you return fewer unopened packets than required for a full refund, your refund will be pro-rated based on the number of unopened packets you return, calculated at the following per-packet rates:

- 1-time purchase: $3.95 per unopened packet returned
- 1-month Subscription, first cycle ($49): $2.45 per unopened packet returned
- 1-month Subscription, recurring cycle ($64): $3.20 per unopened packet returned
- 3-month Subscription: $2.75 per unopened packet returned
- 6-month Subscription: $2.45 per unopened packet returned

Customer is responsible for return shipping costs. Refunds will be processed only after we receive and inspect the returned Products and confirm that they meet the conditions described in this Section.

11.5 Damaged, Defective, or Incorrect Products

If your Order arrives damaged, defective, or incorrect, please contact us at support@drinkdayshift.com within seven (7) days of delivery with a clear photograph of the damaged or defective Product, the packaging, and your Order number. We will, at our sole discretion, send you a replacement or issue a full refund. You are not required to return the damaged, defective, or incorrect Product unless we specifically request that you do so.

11.6 Welcome Kit and Bonus Items in Connection with Refunds

If you request a refund of a Subscription Order that included one or more Welcome Kit items or other promotional Bonus Items, you may either return all such items in unused, sellable condition along with your unopened Products, or you may keep such items, in which case the retail value of any kept items will be deducted from your refund. Current retail values are:

- Branded water bottle: $15.00
- Branded notebook: $15.00
- Branded pen: $10.00
- Branded phone stand: $10.00

11.7 No Returns on Branded Merchandise

Branded merchandise items sold individually, including without limitation the standalone branded water bottle add-on, are made to order and are not eligible for return or refund except as provided in Section 11.5 (Damaged, Defective, or Incorrect Products). All sales of branded merchandise are final.

11.8 Refund Processing

Approved refunds will be issued to the original payment method used to place the Order, within ten (10) Business Days of approval. You will receive an email confirmation when your refund has been processed. Depending on your bank or credit card company, it may take an additional five to ten (5-10) Business Days for the refund to appear on your statement. We are not responsible for any delays caused by your bank or card issuer.

11.9 Adverse Reaction Carve-Out

Notwithstanding the 10-serving requirement and the 20-day waiting period set forth in this Section, any customer who experiences an adverse reaction to DayShift may request a full refund regardless of the number of servings consumed and regardless of how many days have elapsed since delivery. Please contact us immediately at support@drinkdayshift.com if you experience any adverse reaction.

11.10 How to Request a Refund

To initiate a refund or report a damaged, defective, or incorrect Product, email support@drinkdayshift.com with your full name and Order number. Detailed return instructions, including the return shipping address, will be provided to you upon approval of your refund request. Returns sent without prior approval and an associated return authorization may not be processed.

Detailed refund procedures are set forth in our Refund Policy, available at drinkdayshift.com/policies/refund-policy.

12. Welcome Kit and Promotional Items

12.1 Welcome Kit Schedule

Welcome Kit items are included with Subscriptions according to the following schedule:

1-month Subscription (progressive unlock):
- Cycle 1 (Month 1): branded water bottle, included in welcome kit.
- Cycle 2 (Month 2): branded notebook.
- Cycle 3 (Month 3): branded pen.
- Cycle 4 (Month 4): branded phone stand.
- Cycle 5 (Month 5): three (3) bonus packets, included one time only with that cycle's shipment for a total of 23 packets.
- Cycles 6 and beyond: standard 20-packet consumable shipments. Additional surprise gifts may be included from time to time at our discretion but are not guaranteed.

3-month Subscription:
- Cycle 1: includes the branded water bottle, branded notebook, and branded pen, along with 60 consumable packets.
- Cycle 2 (renewal): includes the branded phone stand and three (3) bonus packets, for a total of 63 packets that shipment.
- Cycles 3 and beyond: standard 60-packet consumable shipments only.

6-month Subscription:
- Cycle 1: includes the branded water bottle, branded notebook, branded pen, branded phone stand, and three (3) bonus packets, along with 120 consumable packets, for a total of 123 packets that shipment.
- Cycle 2 and beyond: standard 120-packet consumable shipments only.

12.2 Welcome Kit Items on Cancellation Versus Refund

If you cancel your Subscription without requesting a refund, you may keep all Welcome Kit and Bonus Items previously received, with no further obligation. If you request a refund, the treatment of Welcome Kit and Bonus Items is governed by Section 11.6.

12.3 Promotional Nature; No Resale

All Welcome Kit and Bonus Items are provided as part of a promotional Subscription experience and are not separately for sale. You agree that Welcome Kit and Bonus Items are for personal, non-commercial use only and may not be resold, traded, or distributed for commercial purposes.

13. Cancellation

You may cancel any Subscription at any time through the self-service customer portal accessible by logging into your Account, with no telephone call, email, or chat required. Cancellation is effective immediately, but in order to take effect for your next scheduled shipment, your cancellation must be processed at least forty-eight (48) hours prior to that shipment date. Detailed cancellation procedures and the associated save flow are described in Section 8.5 of these Terms and in our Cancellation Policy at drinkdayshift.com/pages/cancellation-policy.

14. Health and Safety Disclaimers

14.1 FDA Disclaimer

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

14.2 Caffeine Content

Each serving of DayShift contains approximately 120 milligrams of caffeine, which is comparable to a standard cup of brewed coffee. Caffeine is a stimulant. Excessive consumption of caffeine may cause nervousness, irritability, sleeplessness, rapid heartbeat, and, occasionally, more serious health effects. Limit your total daily caffeine intake from all sources accordingly.

14.3 Pregnancy and Nursing

Not recommended for use during pregnancy or while nursing. If you are taking medication, have a medical condition, or are pregnant or nursing, consult your physician before use.

14.4 Age Restriction

DayShift is not intended for use by persons under the age of eighteen (18). Keep out of reach of children.

14.5 Discontinue If Adverse Reaction Occurs

If you experience any adverse reaction to DayShift, including but not limited to nausea, headache, rapid heartbeat, dizziness, anxiety, or any allergic reaction, discontinue use immediately and consult a qualified healthcare professional. Promptly notify us at support@drinkdayshift.com so that we may assist you and document the event.

14.6 General Health Disclaimer

DayShift is a dietary supplement intended to support general wellness. It is not a substitute for a healthy diet, regular physical activity, adequate sleep, or professional medical advice. Information provided by DayShift on the Website, in marketing materials, in customer communications, and in this Agreement is for general informational purposes only and does not constitute medical, nutritional, or professional advice. Always consult a qualified healthcare professional before beginning any new supplement regimen, particularly if you have a pre-existing medical condition, are taking prescription or over-the-counter medications, or are otherwise concerned about your health.

15. Allergen Disclosure

DayShift Products are manufactured at the facility of Creative Manufacturing LLC, located at 1355 Palmyrita Avenue, Riverside, CA 92507. The facility is registered with the U.S. Food and Drug Administration (Food Facility Registration Number 18310200761) and is certified to current Good Manufacturing Practices (cGMP) standards by Abergas-Aldrich Ventures.

Although DayShift's formulation may not contain all of the major food allergens identified by the FDA, the manufacturing facility processes Products containing the following major food allergens, which means that all DayShift Products are produced in a facility that handles these allergens:

- Milk
- Soy
- Fish
- Tree Nuts
- Peanuts
- Wheat

The manufacturing facility implements strict allergen control programs, including validated cleaning and sanitation procedures, to minimize the risk of cross-contact between allergen-containing and non-allergen-containing Products. All equipment and production areas are cleaned using standardized, verified methods between production runs. However, despite these precautions, persons with severe allergies to any of the foregoing should consult their healthcare provider before consuming DayShift and should evaluate their personal risk tolerance.

For the most current ingredient and allergen information specific to each DayShift Product, please refer to the Supplement Facts panel and ingredient list printed on the Product packaging or on the relevant Product page on the Website.

16. California Proposition 65 Warning

WARNING: This product can expose you to chemicals known to the State of California to cause cancer and reproductive harm. For more information, go to www.P65Warnings.ca.gov.

This warning is provided in compliance with California Health and Safety Code Section 25249.6 (Proposition 65). The presence of this warning does not necessarily indicate that the Product poses a meaningful health risk; California law requires this warning when a product may contain any one of more than 900 chemicals at levels that the State of California has determined warrant a warning, even if the actual exposure is below federal safety thresholds.

17. SMS and Text Message Marketing

17.1 Consent to Receive Text Messages

By providing your mobile telephone number to DayShift through the sign-up form on the Website, by checking the SMS opt-in box at checkout, or by otherwise expressly consenting to receive text messages from DayShift, you agree to receive recurring automated marketing text messages from DayShift (Luma Brands LLC) at the mobile number you provided, including messages sent using an automatic telephone dialing system or prerecorded voice. Consent is not a condition of any purchase. You may receive up to eight (8) marketing text messages per month. Message and data rates may apply. Message frequency may vary.

17.2 How to Opt Out

You may opt out of receiving marketing text messages from DayShift at any time by replying STOP to any text message from DayShift. After replying STOP, you will receive one final confirmation message acknowledging your opt-out request. Following confirmation, you will not receive further marketing text messages from DayShift. To opt back in, you may reply START to a previous DayShift message.

17.3 How to Request Help

For help with your text message subscription, you may reply HELP to any text message from DayShift, contact our customer support team at support@drinkdayshift.com, or visit our Website.

17.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. We are not responsible for any charges from your wireless carrier resulting from your receipt or transmission of text messages from or to DayShift.

17.5 Eligible Carriers

DayShift's text messaging program is supported by all major U.S. wireless carriers, including AT&T, Verizon, T-Mobile, and Sprint, as well as other smaller and regional carriers. The list of eligible carriers may change without notice.

18. Email Marketing

When you create an Account or place an Order on the Website, you will be enrolled in DayShift's email marketing program by default and may receive periodic promotional emails from us. You may unsubscribe at any time by clicking the "unsubscribe" link at the bottom of any DayShift marketing email or by contacting customer support at support@drinkdayshift.com. Even if you opt out of marketing emails, we will continue to send you transactional emails relating to your Account, Orders, Subscriptions, shipping notifications, and other administrative matters.

19. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is available at drinkdayshift.com/policies/privacy-policy and is incorporated into these Terms by reference. By using the Services or providing personal information to DayShift, you acknowledge and consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

California residents have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Residents of Virginia, Colorado, Connecticut, Utah, and other states with applicable privacy laws also have specific rights regarding their personal information. These rights, including how to exercise them, are described in our Privacy Policy.

California residents also have the right under California Civil Code Section 1798.83 ("Shine the Light") to request information regarding our disclosure of certain categories of personal information to third parties for those parties' direct marketing purposes. To make such a request, please email us at support@drinkdayshift.com or refer to our Privacy Policy for additional details.

20. User-Generated Content

20.1 Submission of Content

From time to time, you may have the opportunity to submit, post, upload, share, transmit, or otherwise provide content to DayShift, including without limitation product reviews, ratings, photographs, videos, testimonials, social media posts that tag or mention DayShift, comments, suggestions, ideas, and other materials (collectively, "User Content"). You retain all rights you may have in your User Content, subject to the license you grant to DayShift in this Section.

20.2 License Grant to DayShift

By submitting any User Content, you grant DayShift, our affiliates, and our successors and assigns a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, translate, create derivative works from, publicly display, publicly perform, distribute, broadcast, transmit, and otherwise exploit your User Content, in whole or in part, in any and all media now known or hereafter developed, for any purpose, including without limitation marketing, advertising, promotion, research, product development, and operation of our business, without compensation, attribution, or notice to you.

20.3 Your Representations and Warranties

By submitting User Content, you represent and warrant that:

- You own or otherwise control all rights necessary to grant the license described in Section 20.2 and to make the User Content available as described in these Terms.
- Your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other rights.
- Your User Content does not and will not violate any law, statute, ordinance, or regulation.
- Your User Content is not defamatory, libelous, obscene, threatening, harassing, abusive, hateful, or otherwise objectionable.
- Any individuals depicted or identifiable in your User Content have consented to the inclusion of their likeness, voice, and personal information and to the license described in Section 20.2.
- Any health-related claim, testimonial, or before-and-after representation reflects your honest, personal experience and is not a guarantee of similar results for any other person.

20.4 Right to Remove or Refuse Content

DayShift reserves the right, in our sole discretion and without notice or liability, to refuse, edit, modify, remove, or refuse to publish any User Content for any reason, including without limitation if we determine that the User Content violates these Terms or our content guidelines or is otherwise objectionable. We are under no obligation to monitor or review User Content but reserve the right to do so.

21. Intellectual Property and Trademarks

21.1 Ownership

The Services, the Website, and all content, features, and functionality thereof, including without limitation all text, graphics, logos, images, audio, video, photographs, designs, software, code, and the selection, arrangement, and "look and feel" of the foregoing (collectively, the "DayShift Materials"), are owned by Luma Brands LLC, our licensors, or other content providers and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights laws.

21.2 Limited License to Use

Subject to your compliance with these Terms, DayShift grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and DayShift Materials for your personal, non-commercial use only. This license does not include any right to: (a) sell, resell, or commercially exploit the DayShift Materials; (b) collect or use information from the Services for the benefit of any other commercial entity; (c) use any data mining, robots, or similar data gathering or extraction methods; (d) frame, mirror, or otherwise display any portion of the Services on any other website without our express written permission; (e) reverse engineer, decompile, disassemble, or attempt to derive the source code of any software comprising or in any way making up a part of the Services; or (f) use the DayShift Materials in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

21.3 Trademarks

The DayShift name is a trademark of Luma Brands LLC. As of the Effective Date, the DayShift word mark is the subject of a pending trademark application before the United States Patent and Trademark Office, and the tagline is asserted as a common law trademark. You may not use any of the DayShift Trademarks without our express prior written permission. All other trademarks, service marks, trade names, and logos appearing on the Services that are not owned by DayShift are the property of their respective owners.

21.4 Notice of Copyright Infringement (DMCA)

If you believe that any content on the Services infringes a copyright that you own or control, you may submit a notification of claimed infringement pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512(c), by sending a written notice that contains the information required by the DMCA to our designated copyright agent at the address listed in Section 41 of these Terms. We will respond to valid DMCA notices in accordance with the procedures set forth in the DMCA.

22. Acceptable Use and Prohibited Conduct

You agree not to engage in any of the following prohibited conduct in connection with your use of the Services:

- Violating any applicable federal, state, local, or international law, regulation, or ordinance.
- Using the Services for any fraudulent, unlawful, or harmful purpose, including without limitation submitting fraudulent Orders, fraudulent refund requests, or fraudulent reviews.
- Misusing or abusing our refund, return, promotional code, affiliate, or other policies.
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any DayShift software, technology, or system.
- Using any robot, spider, scraper, crawler, or other automated means or interface to access the Services or extract data from the Services.
- Bypassing, circumventing, or attempting to bypass or circumvent any access restrictions, security measures, or rate limits on the Services.
- Interfering with or disrupting the operation of the Services or the servers or networks that host the Services.
- Attempting to gain unauthorized access to any portion of the Services, any other accounts, computer systems, or networks connected to the Services.
- Transmitting any viruses, worms, malware, or other malicious code through or to the Services.
- Sending unsolicited advertising, promotional materials, or other forms of solicitation through the Services.
- Impersonating any person or entity, including without limitation any DayShift employee, or misrepresenting your affiliation with any person or entity.
- Engaging in any conduct that, in our sole discretion, restricts or inhibits any other person from using or enjoying the Services or that, in our judgment, exposes DayShift or any of our customers, suppliers, or any other third party to any liability, damage, or detriment of any type.

We reserve the right, in our sole discretion, to suspend or terminate your Account, refuse service, cancel Orders, and pursue any other legal or equitable remedy available to us in the event of any violation of this Section 22.

23. No Resale or Commercial Use

DayShift Products are sold for your personal, non-commercial use only and for the use of your immediate family. You may not resell, redistribute, list, advertise, or otherwise offer DayShift Products for sale through any third-party retail channel, including without limitation Amazon, eBay, Walmart Marketplace, Facebook Marketplace, Craigslist, third-party physical retail stores, vending machines, swap meets, or any similar channel. You may share or give away DayShift Products to friends and family members at no charge, but you may not engage in any commercial resale.

We reserve the right, in our sole discretion and without notice or refund, to cancel any Order or terminate any Account that we suspect has been placed for the purpose of commercial resale or any other unauthorized commercial use. We further reserve the right to pursue all available legal and equitable remedies against any party engaging in unauthorized resale of DayShift Products, including without limitation injunctive relief and damages.

24. Third-Party Links and Services

The Services may contain links to or integrations with websites, applications, or services operated by third parties ("Third-Party Services"). DayShift does not endorse, control, or assume any responsibility for any Third-Party Services or for any content, products, or services available through Third-Party Services. Your use of Third-Party Services is governed by the terms and policies of those third parties, and you access and use Third-Party Services at your own risk. DayShift will not be liable for any loss or damage arising from your use of any Third-Party Service.

25. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE SERVICES, THE WEBSITE, AND ALL DAYSHIFT PRODUCTS 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 APPLICABLE LAW, DAYSHIFT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, DAYSHIFT MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

DAYSHIFT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY, SAFETY, OR ANY HEALTH OUTCOMES ASSOCIATED WITH USE OF DAYSHIFT PRODUCTS. ANY HEALTH-RELATED OR PERFORMANCE-RELATED CLAIMS ASSOCIATED WITH DAYSHIFT PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND DAYSHIFT PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. To the extent that DayShift may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under applicable law.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAYSHIFT, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAYSHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DAYSHIFT TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ANY DAYSHIFT PRODUCT, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DAYSHIFT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Notwithstanding the foregoing, nothing in these Terms is intended to limit or exclude any liability that cannot be limited or excluded under applicable law, including without limitation liability for gross negligence, fraud, willful misconduct, or violation of California Civil Code Section 1668 or other non-waivable statutory consumer protections.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

27. Indemnification

You agree to defend, indemnify, and hold harmless DayShift, its affiliates, and its and their respective officers, directors, employees, agents, licensors, suppliers, and service providers (collectively, the "DayShift Indemnitees") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) your purchase, use, or consumption of any DayShift Product, including any health-related claim or injury arising therefrom; (c) any User Content you submit; (d) your violation of these Terms or any policy incorporated herein; (e) your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right; (f) your violation of any applicable law, regulation, or ordinance; or (g) any misrepresentation made by you.

DayShift reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with our defense of such matter. You agree not to settle any matter that affects DayShift without our prior written consent.

28. Force Majeure

DayShift will not be liable or responsible for any failure or delay in the performance of any of its obligations under these Terms when and to the extent that such failure or delay is caused by or results from acts or events beyond our reasonable control, including without limitation acts of God; flood, fire, earthquake, hurricane, tornado, or other natural disaster; pandemic, epidemic, or other public health emergency; explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; government order, law, or action; embargoes or blockades in effect on or after the date of these Terms; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; supply chain disruptions; shortage of adequate power, transportation, or telecommunications; failure of common carriers; or any other event that is beyond our reasonable control (each, a "Force Majeure Event"). In the event of any Force Majeure Event affecting our performance, we will use commercially reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

29. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH DAYSHIFT THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

29.1 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding against DayShift, you agree to first contact us at support@drinkdayshift.com and provide a written description of the dispute, the relief you are seeking, and your contact information. You and DayShift agree to attempt in good faith to resolve the dispute informally for a period of at least sixty (60) days following our receipt of your notice. If the dispute cannot be resolved informally during this period, either party may proceed with formal dispute resolution as set forth below.

29.2 Agreement to Arbitrate

Except as expressly provided in Section 29.5 (Exceptions), you and DayShift agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Services, your purchase or use of DayShift Products, or any other interaction between you and DayShift (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., governs the interpretation and enforcement of this arbitration provision.

29.3 Arbitration Procedures

The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be Dallas County, Texas, although you may elect to participate by videoconference, telephone, or in writing. The arbitrator will have the exclusive authority to resolve all Disputes, including without limitation any threshold issues regarding the formation, scope, applicability, enforceability, or unconscionability of this arbitration provision. The arbitrator's decision will be final and binding on both parties, and judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

DayShift will pay the costs of arbitration to the extent required under the AAA Consumer Arbitration Rules. Each party will bear its own attorneys' fees and costs unless the arbitrator awards such fees and costs in accordance with applicable law.

29.4 No Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO THESE TERMS, YOU AND DAYSHIFT EACH WAIVE THE RIGHT TO A JURY TRIAL.

29.5 Exceptions to Arbitration

Notwithstanding Section 29.2, either party may bring an individual action in small claims court for any Dispute that qualifies for resolution in such court. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect that party's intellectual property rights, prevent unauthorized access to or use of the Services, or enforce the No Resale provision in Section 23.

30. Class Action Waiver

YOU AND DAYSHIFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT OR ARBITRATOR DECIDES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE OR INVALID AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

31. 30-Day Right to Opt Out of Arbitration

You have the right to opt out of the arbitration agreement and class action waiver set forth in Sections 29 and 30 by sending written notice of your decision to opt out to the address set forth in Section 35 (Notices) within thirty (30) days after first becoming subject to these Terms. Your written notice must include your full name, mailing address, email address used to create your Account or place your Order, and a clear statement that you wish to opt out of the arbitration agreement.

If you opt out, neither you nor DayShift will be bound by Sections 29 or 30 with respect to any Dispute that arises after the date your opt-out notice is received by DayShift. Opting out of the arbitration agreement will not affect any other provision of these Terms.

32. California Residents

This Section provides additional disclosures and rights specific to residents of the State of California. The provisions of this Section supplement, and do not replace, the other provisions of these Terms.

32.1 California Auto-Renewal Disclosures

In compliance with California Business and Professions Code Section 17600 et seq. (the California Automatic Renewal Law) and the federal Restore Online Shoppers' Confidence Act (ROSCA), DayShift provides the following disclosures regarding automatic renewal of Subscriptions:

- Your Subscription will automatically renew at the price and frequency disclosed at the time of enrollment, until you cancel.
- The 1-month tier renews every four (4) weeks at $64 per cycle (after the $49 first-cycle promotional rate).
- The 3-month tier renews every twelve (12) weeks at $165 per cycle.
- The 6-month tier renews every twenty-four (24) weeks at $294 per cycle.
- You may cancel at any time, with no telephone call or email required, through the self-service customer portal accessible by logging into your Account on the Website. Cancellations must be processed at least 48 hours before the next scheduled shipment in order to take effect for that shipment.
- DayShift will send you an email reminder before each renewal: at least 3 days before for 1-month subscribers, at least 7 days before for 3-month subscribers, and at least 14 days before for 6-month subscribers.

32.2 California Civil Code Section 1668 Carve-Out

Notwithstanding any other provision of these Terms, nothing in these Terms is intended to or will limit or exclude any liability or right that cannot be limited or excluded under California Civil Code Section 1668 or any other applicable California consumer protection law, including without limitation liability for fraud, willful injury, or violation of law.

32.3 California Privacy Rights

California residents have specific privacy rights under the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), including the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising these rights. Detailed information about these rights, including how to exercise them, is set forth in our Privacy Policy.

32.4 Shine the Light Notice

Pursuant to California Civil Code Section 1798.83, California residents may request a notice from DayShift describing what categories of personal information we have shared with third parties for those parties' direct marketing purposes during the preceding calendar year. To make such a request, please email us at support@drinkdayshift.com.

32.5 Complaints to the California Department of Consumer Affairs

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

33. Governing Law and Venue

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any DayShift Product will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Sections 29 through 31 (Dispute Resolution and Binding Arbitration), any judicial proceeding permitted under these Terms will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you and DayShift consent to the personal jurisdiction of and exclusive venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

34. Changes to These Terms

We reserve the right, in our sole discretion, to modify, supplement, or replace these Terms at any time. If we make a material change to these Terms, we will provide notice of such change at least thirty (30) days before the change takes effect, by email to the address associated with your Account, by posting a notice on the Website, or by other reasonable means. Non-material changes (such as typographical corrections or formatting changes) may take effect immediately upon posting to the Website without separate notice. Your continued access to or use of the Services or purchase of any Product after the effective date of any change constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may close your Account in accordance with these Terms.

35. Notices

Notices to DayShift must be sent by email to support@drinkdayshift.com or by U.S. mail to: Luma Brands LLC, 2807 Allen St #2293, Dallas, TX 75204. Opt-out notices under Section 31 must be sent by U.S. mail to the foregoing address. Notices to you may be sent by email to the address associated with your Account, by physical mail to the shipping address most recently provided to us, by posting on the Website, or by other reasonable means. You are responsible for keeping your contact information current.

36. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision in any particular jurisdiction will not affect the validity or enforceability of such provision in any other jurisdiction.

37. Waiver

No failure or delay by DayShift to exercise any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver by DayShift of any provision of these Terms will be effective unless in writing and signed by a duly authorized representative of DayShift.

38. Assignment

You may not assign, delegate, or transfer any of your rights or obligations under these Terms without DayShift's prior written consent, and any attempted assignment without such consent will be null and void. DayShift may, at its sole discretion and without notice to you, assign, delegate, or transfer any or all of its rights or obligations under these Terms, including in connection with a merger, acquisition, sale of assets, financing, or change of control. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

39. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, Cancellation Policy, Shipping Policy, and any other policies, agreements, or notices we may publish from time to time and any Order Forms or other written agreements you and DayShift execute, constitute the entire agreement between you and DayShift with respect to your use of the Services and your purchase of DayShift Products, and supersede all prior or contemporaneous written or oral agreements, communications, representations, and proposals, whether electronic, oral, or written, between you and DayShift relating to the subject matter of these Terms.

40. Headings and Construction

The section headings used in these Terms are for convenience of reference only and do not constitute a part of, and will not be used to interpret, these Terms. The words "include," "includes," and "including" will be deemed to be followed by the phrase "without limitation." The words "hereof," "herein," "hereunder," and similar words refer to these Terms as a whole and not to any particular provision. Any reference to "days" means calendar days unless otherwise specified. Where applicable, the singular includes the plural and vice versa, and the masculine, feminine, and neuter genders include each of the others. References to any law, statute, or regulation include any successor or amended version of such law, statute, or regulation.

41. Contact Information

If you have any questions about these Terms, your Account, your Subscription, your Order, or any other aspect of the Services, please contact us at:

Luma Brands LLC, doing business as DayShift
Mailing Address: 2807 Allen St #2293, Dallas, TX 75204
Email: support@drinkdayshift.com
Website: drinkdayshift.com

BY USING THE SERVICES, CREATING AN ACCOUNT, PLACING AN ORDER, OR CHECKING ANY ACCEPTANCE BOX FOR THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.