TERMS OF SERVICE

These Terms of Service (“Terms”) govern your use of and access to the website, online store, and services provided by PULS (“we”, “us”, “our”), operated on the Shopify platform, including any related applications, subscription services, marketing communications, and digital platforms (collectively, the “Services”). By accessing or using the Services, purchasing products, or subscribing to recurring deliveries, you agree to be bound by these Terms in full. If you do not agree to all provisions of these Terms, you may not use the Services.

Eligibility and Age Restriction: You must be at least 18 years of age or the age of majority in your jurisdiction to access or purchase from the Services. By purchasing, you confirm that you are 18+. We do not knowingly market to or collect data from children under 18.

Products and Information: PULS provides consumable functional coffee products that contain caffeine, protein, creatine, MCTs, and other dietary ingredients. All information provided on our website, packaging, and marketing materials is for informational purposes only and is not intended as medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease. You are responsible for consulting a healthcare professional before consuming any dietary supplement, especially if you have any medical condition, are pregnant or breastfeeding, or are taking other medications. By purchasing, you acknowledge and accept full responsibility for your health decisions and waive claims against us for any adverse effects.

Nutritional / Allergen Disclaimer: Contains milk (from whey protein). Not suitable for those under 18, pregnant, or breastfeeding. Please review ingredient lists carefully for allergens prior to use. Do not exceed the recommended daily intake stated on pack. Food supplements should not be used as a substitute for a varied diet and healthy lifestyle.

Orders, Payments, and Subscriptions: By placing an order through the Services, you make an offer to purchase products in accordance with these Terms. We reserve the right to accept or reject orders at our discretion (for example due to stock levels, pricing errors, or suspected fraud). Payments are processed securely via Shopify Payments or other authorised gateways. Prices are displayed in GBP unless otherwise stated and are inclusive of VAT where applicable. Promotional codes or discounts may be subject to additional terms and may not be combined unless expressly stated. Subscription purchases are billed on a recurring basis until cancelled in accordance with our Subscription Terms. You authorise us to charge your chosen payment method for recurring subscription fees (including applicable taxes and shipping) at the then-current price for your plan until you pause or cancel. We will provide at least 14 days’ notice of any change to subscription pricing, delivery cadence, or material terms; if you do not agree to the change you must cancel before the next billing date. Free trials (where offered) convert automatically to paid subscriptions unless cancelled before the trial ends. If a recurring charge fails (for example, due to an expired card), we may retry the payment and/or pause shipment until payment is successful; we may also cancel the subscription after reasonable attempts. You may cancel, skip, or pause subscriptions at any time through your account settings; cancellation must occur before the renewal date to avoid being charged for the next cycle. Any orders already processed or dispatched prior to cancellation will be fulfilled and charged.

Shipping and Delivery: Orders are fulfilled from our designated fulfilment centres and shipped using third-party carriers. Estimated delivery times are provided but are not guaranteed. Risk of loss and title pass to you upon delivery to the shipping carrier. You are responsible for ensuring the shipping address provided is accurate and complete. Delays caused by carriers, customs, adverse weather, strikes, or other circumstances beyond our control do not constitute breach of these Terms. International shipments (if offered) may be subject to import duties, taxes, and fees levied by the destination country; these charges are your responsibility. Our full Shipping Policy is incorporated herein by reference.

Refunds and Returns: Refunds are only available in accordance with our Refund Policy, which requires proof of delivery and eligibility conditions. We do not provide refunds where proof of delivery is available unless otherwise required by law. For hygiene and safety reasons, unsealed food/supplement products cannot be returned unless faulty, damaged on arrival, or not as described. You must notify us within the timeframe stated in our Refund Policy and provide reasonable evidence (e.g., photographs) of any issue. Refunds for consumable products are limited due to health and safety regulations. By purchasing, you agree to these refund limitations.

Marketing and Communications: By providing your email address or mobile number at checkout or through our site, you consent to receive transactional and promotional messages from us, including but not limited to order confirmations, updates, abandoned cart reminders, and promotional offers. SMS messages may be sent using automated systems. Message frequency may vary. Message and data rates may apply. You can opt out at any time by replying STOP to SMS messages or by using the unsubscribe link in emails. Opting out of promotional messages does not affect receipt of transactional communications.

Mobile Messaging Terms: The PULS mobile message service (the “Service”) is operated by PULS. Your use of the Service constitutes your agreement to these Mobile Terms. We may modify or cancel the Service or any of its features without notice. By consenting to PULS’s SMS/text messaging service, you agree to receive recurring messages from and on behalf of PULS through your wireless provider to the mobile number you provided, even if your number is registered on any Do Not Call list. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts). Promotional messages may include promotions, specials, and cart reminders. You understand consent is not a condition of purchase. We do not charge for the Service, but carrier rates may apply. Message frequency varies. You may opt-out at any time by texting STOP to PULS Coffee or clicking unsubscribe (where available). For support, text HELP to PULS Coffee or email cal.wheemar@outlook.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Privacy and Data Protection: Your use of the Services is also governed by our Privacy Policy, Cookies Policy, and Mobile Messaging Terms, which describe how we collect, use, share, and protect your personal information (including the use of cookies, analytics, and advertising pixels). By using our Services, you consent to such collection and use in accordance with applicable laws including GDPR, UK GDPR, PECR, and where relevant, US/Canadian consumer protection laws.

Intellectual Property: All content on the Services, including without limitation text, copy, product names, formulas and specifications disclosed publicly, graphics, logos, trade dress, icons, images, photographs, videos, artwork, page layouts, user interfaces, compilation, data, software, and the overall “look and feel” of our website and packaging, together with all trademarks and service marks (registered or unregistered) including PULS and associated logos (collectively, “PULS IP”), are owned by or licensed to PULS and are protected by copyright, trade mark, and other intellectual property laws worldwide. No right, title, or interest in PULS IP is transferred to you by access to the Services or by purchase of products. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, reverse engineer, create derivative works from, or exploit any PULS IP, in whole or in part, without our prior written permission. You may use the Services and content solely for your personal, non-commercial use in connection with shopping for and using our products. If you submit reviews, feedback, images, or other user-generated content, you grant PULS a worldwide, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content in any media, for marketing or other lawful purposes, without compensation to you, provided we handle personal data in accordance with our Privacy Policy. You warrant you have all rights necessary to grant this licence and your content does not infringe third-party rights.

Prohibited Uses: You may not misuse the Services or use them for any unlawful or fraudulent purpose. Prohibited conduct includes, but is not limited to: violating applicable laws and regulations; attempting to interfere with or compromise the security, integrity, or availability of the Services; introducing viruses, malware, or harmful code; engaging in scraping, automated data collection, data-mining, or bulk harvesting without our express permission; creating derivative works based on the Services; impersonating any person or entity; posting false, misleading, or deceptive information; infringing upon intellectual property or privacy rights; and circumventing technical measures that control access to the Services.

Health Disclaimer and Assumption of Risk: By purchasing or consuming our products, you acknowledge that dietary supplements, caffeine, creatine, and protein powders may affect individuals differently and carry potential risks including but not limited to gastrointestinal discomfort, sleep disturbance, and interactions with medications. You assume full responsibility for evaluating your own health status, tolerances, and suitability. Do not exceed the recommended daily intake. Not for use by individuals under 18 years of age, pregnant or breastfeeding individuals, or persons with pre-existing medical conditions (including but not limited to cardiovascular, renal, hepatic, or metabolic disorders) without prior medical advice. If you experience any adverse reaction, discontinue use and seek medical attention. Nothing in our marketing or on our Services should be construed as medical advice or a substitute for consultation with a qualified healthcare professional. For customers in the United States, statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (FDA). For customers in Canada, statements are not intended to diagnose, treat, cure, or prevent any disease per Health Canada guidance.

Marketing Disclaimer: Any claims related to performance, energy, recovery, focus, or similar effects are intended as general wellbeing support only. Results may vary. We do not guarantee any specific outcome from product use, and claims should not be interpreted as medical advice.

Limitation of Liability: To the fullest extent permitted by law, PULS, its directors, officers, employees, affiliates, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business interruption, or other intangible losses, arising out of or in connection with (a) your access to, use of, or inability to use the Services or products; (b) any conduct or content of any third party; (c) unauthorised access, use, or alteration of your transmissions or content; (d) reliance on any information obtained from the Services; or (e) product use outcomes, even if advised of the possibility of such damages. To the maximum extent permitted by law, our aggregate liability for any claim arising out of or relating to these Terms, the Services, or any products shall not exceed the total amount actually paid by you for the specific order giving rise to the claim. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

Indemnification: You agree to indemnify, defend, and hold harmless PULS and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, misuse of the Services, violation of law, or infringement of any third-party right.

Third-Party Services: The Services may include integrations with or links to third-party services such as Shopify, Klaviyo, Meta, Google, TikTok, payment processors, analytics providers, and carriers. We do not control and are not responsible for the content, policies, or practices of third-party services. Your use of such services is subject to their respective terms and privacy policies.

Force Majeure: We are not responsible for delays or failures caused by events outside of our reasonable control, including but not limited to acts of God, natural disasters, fires, floods, epidemics or pandemics, strikes or labour disputes, acts of terrorism or war, governmental actions, power or internet outages, or disruptions to telecommunications or transportation networks.

Governing Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to your statutory rights under consumer laws. If we ship to the US or Canada, local consumer protection and mandatory laws will apply where required by conflict-of-laws rules.

Severability: If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement: These Terms, together with our Privacy Policy, Cookies Policy, Refund Policy, Shipping Policy, Health Disclaimer, and Mobile Messaging Terms, constitute the entire agreement between you and PULS regarding the Services and supersede all prior agreements, understandings, or communications, whether written or oral, on the same subject matter.

Amendments: We may update or modify these Terms at any time. Changes are effective upon posting to the Services (or on the date specified in any notice where notice is required by law). Your continued use of the Services following such posting constitutes acceptance of the revised Terms.

Plain-Language Summary (for clarity only, not legally binding): We make functional coffee that includes protein, creatine, and MCTs. It’s for adults 18+ only. It’s not medical advice, and you should consult a doctor if unsure. Contains milk. Not suitable for children, pregnant, or breastfeeding. Do not exceed the recommended daily intake. By subscribing, you agree to recurring charges until cancelled and we’ll notify you of price changes at least 14 days in advance. We’ll ship via carriers but delays may happen. Refunds are limited and unsealed supplements can’t be returned unless faulty. You may receive emails and texts from us but can opt out at any time. Your personal data is protected under privacy laws. We don’t guarantee specific results and our liability is limited to what you paid for the order in question. Use responsibly.

Contact Information: Calby Group Ltd (trading as PULS), Unit 82a James Carter Road, Bury St. Edmunds, United Kingdom, IP28 7DE. Email: support@drinkpuls.com.