Terms & Conditions

1. THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.

These Terms & Conditions (“Terms”) govern your access and use of the websites, mobile applications, and other online platforms and electronic services maintained by SYNC Health LLC and/or its subsidiaries or affiliated companies (collectively, “SYNC,” “we,” “us,” or “our”) that incorporate or link to these Terms (collectively, the “Sites”) and apply to any purchases made on or through the Sites.

IMPORTANT: PLEASE NOTE THAT SECTION 24 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

Other terms also apply to your use of the Sites and are incorporated herein by reference. These include terms which may apply to promotions, features, and our Privacy Policy, which governs how we collect, use, and disclose your personal data.

2. Acceptance and Modification of the Terms

By accessing or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Sites. The Sites are operated in the United States and are intended for users located within the United States. If you access or use the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

We may modify these Terms at any time at our sole discretion. If we do, we will notify you by updating the “Last Updated” date at the top of this page. Your continued use of the Sites after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Sites.

3. Health Information Disclaimer

SYNC provides vitamins and nutritional supplements packaged for daily use and other related services (collectively, “Products”). Through our Sites, we offer health and wellness recommendations based on information you provide and an automatically recurring subscription service (“Service”) for the Products purchased through our Sites.

Information presented on the Sites is intended to impart general fitness, nutrition, and health information. SYNC is not engaged in rendering medical advice or services, and submission of information to the Sites and use of any services available on the Sites does not create a doctor-patient relationship.

THE INFORMATION PRESENTED ON THE SITES IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES.

You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, or treatment and prior to undertaking a new diet or wellness program or utilizing any related services on the Sites. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, or if you are pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.

4. Eligibility

The Sites and Services offered by SYNC Health LLC are intended solely for individuals who are at least eighteen (18) years of age or the legal age of majority in their jurisdiction of residence, whichever is greater. By using the Sites, you represent and warrant that you meet this eligibility requirement.

You may not use or access the Sites if you are under the age of 18, or if you have been previously suspended or removed from the Sites by SYNC for any reason. You also agree that you will not use the Sites for any illegal or unauthorized purpose and that your use will comply with all applicable laws and regulations.

SYNC reserves the right, at its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders if we believe that a user is in violation of these Terms or is otherwise using the Sites in a manner inconsistent with SYNC's values, policies, or applicable law.

5. Registration, Account Security, and Communication Preferences

To access and use certain features or areas of the Sites, you may need to register for an account with SYNC ("Account"). By creating an Account, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete. Your information and any interaction with the Sites is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in accordance with that policy.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your Account. This includes any unauthorized access or purchases made using your credentials. You agree not to share your login details with any other person or permit anyone else to access your Account. You agree to notify us immediately if you discover or suspect any unauthorized use of your Account or other breach of security. SYNC reserves the right to suspend or terminate your Account at any time, for any reason, in its sole discretion.

By registering for an Account, you consent to receive electronic communications from SYNC, including but not limited to emails, service notices, account updates, and promotional messages. You agree that these communications satisfy any legal requirements for written communication. You are responsible for retaining copies of these communications for your records. You can opt out of receiving promotional emails by following the unsubscribe instructions included in each message, but you may still receive transactional or administrative communications.

SMS Terms: If you choose to opt in to receive SMS notifications, updates, or marketing offers from SYNC, you agree to receive such messages at the phone number you provide. Message and data rates may apply. You may opt out at any time by replying STOP to any SYNC SMS. Message frequency may vary. For help, reply HELP. We do not sell, rent, or share your mobile number with third parties without your consent. See our Privacy Policy for more information.

6. Community Guidelines

SYNC’s community—like any community—functions best when participants follow a few essential rules. By accessing or using the Sites, you agree to comply with these community standards:

• You must be at least 18 years old or the age of majority in your jurisdiction and capable of entering into binding legal agreements.
• You will not use the Sites or Services for any unlawful or prohibited purpose.
• You will not use the Services for commercial activities without authorization, including advertising, fundraising, or promoting any business, product, or service.
• You will not submit or share any User Content that:
  • Is false, misleading, or deceptive;
  • Infringes on the intellectual property or privacy rights of others;
  • Is abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable;
  • Reveals sensitive personal information of another individual without consent.
• You will not use the Sites to conduct market research or competitive intelligence gathering.
• You will not impersonate others or misrepresent your affiliation with a person or organization.
• You will not attempt to interfere with the operation of the Sites or Services, including via hacking, malware, denial-of-service attacks, or other malicious means.
• You will not use bots, scrapers, or similar automated tools to access or collect data from the Sites, except for publicly available archives or search engines that comply with our robots.txt file.
• You will not cover, modify, or obstruct any features or functionality of the Sites, including safety tools and advertisements.

We reserve the right to remove content, suspend or terminate access, or take other appropriate action at our sole discretion if we believe any user is violating these guidelines or our Terms.

If you encounter behavior or content that violates these community rules, please notify us at hello@beinsync.co so we can review and take appropriate action.

7. Terms of Sale: Subscriptions, Auto-Renewal, and Cancellation Policy

SYNC offers an automatically recurring subscription service for its personalized supplement packs. When you enroll, you will receive a monthly supply (typically a 30-day pack) of your selected vitamins and supplements based on your SmartStack™ quiz results and/or health data. Your subscription will automatically renew and your payment method will be charged on a recurring basis until you cancel.

Auto-Renewal and Billing

You agree to be billed automatically at the interval specified in your plan (e.g., every 30 days). Charges will be applied to the payment method associated with your SYNC account. You authorize SYNC or its third-party payment processor to store and use your payment credentials for recurring billing. If your primary method fails, SYNC may attempt to charge an alternative method or contact you to update your billing details. If no valid payment method is available, your subscription may be suspended or canceled.

Your recurring charge includes the cost of your personalized supplement pack(s), applicable taxes, and shipping fees. Total charges may vary based on your selected formulation or pack updates. SYNC will not obtain additional authorization for recurring payments unless required by law.

Price Changes and Notifications

SYNC may modify product pricing at any time with reasonable prior notice. If you do not agree to a price change, you must cancel before your next billing date. Continued use constitutes acceptance of the new pricing.

Upcoming Order Notifications

You will receive a reminder email approximately three (3) days before your next subscription order is invoiced. Changes or cancellations must be made within forty-eight (48) hours of receiving this notice to take effect for the upcoming shipment. Any modifications made after this timeframe may not apply to already invoiced orders.

Cancellation Policy

Your subscription will continue to renew until you cancel. You may cancel at any time by:

• Logging into your SYNC account and using the cancel/delay subscription settings
• Contacting us at hello@beinsync.co

To avoid being charged for an upcoming order, cancellation must occur within 48 hours of your pre-shipment email notice. If you cancel after this period, you will still be responsible for the charges incurred for that invoiced order. SYNC does not offer refunds for late cancellations, skipped deliveries, or unused portions of product.

Email Delivery Failures

It is your responsibility to ensure your email address is correct and functioning. SYNC is not responsible for undelivered notifications due to email failures, spam filtering, or incorrect account information.

Account Management

Your account dashboard provides full access to update delivery frequency, pause subscriptions, modify formulations, and manage billing. If you defer an order or set a custom invoice date, we will send a confirmation with updated deadlines for changes or cancellations.

Subscription Communications

Even after cancellation, you may still receive promotional emails from SYNC unless you opt out separately by unsubscribing.

Right to Modify or Cancel Subscriptions

SYNC may cancel, suspend, or modify any subscription at its sole discretion. You will only be charged for fulfilled orders, and SYNC will refund any applicable amounts for prepaid but unshipped subscriptions. Updates to these Terms of Sale will be provided with notice and are effective upon your continued participation in the subscription program.

8. Additional Terms of Sale

Gifts

SYNC may offer the ability to purchase digital gift cards (“Gifts”) via the Site. When you purchase a Gift, the recipient will receive an email with a redemption link. The recipient will need to create a SYNC account to redeem the Gift. Gifts are not redeemable for cash, except where required by law. Gift credit does not expire, and any unused balance will remain in the recipient’s SYNC account.

Free Trials

From time to time, SYNC may offer free trials of certain subscription products. If you are enrolled in a free trial, the terms will be disclosed at sign-up. UNLESS YOU CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD, YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY AT THE START OF THE FIRST BILLING CYCLE AND ON A RECURRING BASIS THEREAFTER UNTIL YOU CANCEL. We will not send a separate notice that your trial is ending. Instructions for cancellation are available in Section 6.

SYNC reserves the right to modify or terminate free trials at any time with prior notice.

Payment and Billing Information

By providing a payment method during checkout or in your SYNC account, you confirm you are authorized to use that method and authorize SYNC or its third-party payment processor to charge it for purchases and subscription renewals, including applicable taxes and fees. If the payment method fails, your order may be suspended or canceled. You can update your billing details at any time through your SYNC account.

Charges may vary based on promotional discounts, subscription changes, or tax rate updates. You authorize SYNC to charge the adjusted amount where applicable.

Pricing and Availability

All prices are in U.S. Dollars. SYNC reserves the right to adjust pricing at its discretion, with reasonable advance notice for subscription items. If you do not agree to a pricing change, you must cancel prior to your next billing cycle as outlined in Section 6. Continued use constitutes acceptance of the new pricing.

Products are subject to availability. SYNC may impose limits, reject orders, or substitute ingredients when necessary. Substitutions will reflect comparable value and function. If unsatisfied, please contact hello@beinsync.co.

Taxes

SYNC collects applicable sales tax based on the shipping address and prevailing tax law. Tax amounts at checkout may be adjusted to reflect current rules or processor calculations. Final taxes will be confirmed at order confirmation.

Shipping and Handling

Shipping fees will be disclosed at checkout. SYNC may change shipping rates from time to time but will provide notice before you complete a purchase. Title and risk of loss pass to you when the shipment is transferred to the carrier. You agree not to export SYNC products.

Deliveries

Please inspect your shipment upon delivery. If you’re not available, your package may be left at the delivery address or mailbox. Delivery dates are estimates and may be affected by weather, access, or carrier delays. SYNC is not liable for early, delayed, or failed deliveries beyond our control. If an order is undeliverable, we may issue a credit or refund at our discretion.

No Resale

Products purchased from SYNC are for personal use only and may not be resold or used for commercial purposes.

Returns and Refunds

Due to the nature of SYNC’s ingestible, personalized products, we do not offer refunds or returns unless required by law or covered under our damage/defect policy outlined in Section 8. Unauthorized returns are not eligible for refund or credit. SYNC is not responsible for address input errors at checkout.

9. Shipping and Fulfillment

We currently ship orders to addresses within the continental United States. All orders are shipped via trusted carrier partners and typically arrive within 3–5 business days from the time of dispatch.

Shipping charges are calculated at checkout based on your order total. We do not ship to P.O. Boxes, APO/FPO addresses, or internationally at this time.

10. Returns and Refunds

Due to the personalized and ingestible nature of our supplement packs, we do not accept returns or offer refunds once an order has been fulfilled and shipped. This policy is in place to ensure product safety and integrity, prevent contamination or tampering, uphold quality control standards, and comply with industry regulations and best practices.

If your order arrives damaged, defective, incorrect, or is not delivered due to a confirmed shipping error, we will issue a replacement at no cost to you. To request a replacement, contact us at hello@beinsync.co within 7 days of delivery. Include your order number and a photo (if applicable). Once verified, we will provide a replacement or store credit. Refunds are not issued.

11. Intellectual Property

All content on the Sites—including but not limited to text, images, graphics, logos, trademarks, and product formulations—is the property of SYNC Health LLC or its licensors and protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, or use our content without express written permission.

12. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by SYNC Health LLC (“SYNC”), the Sites and all content and materials contained therein—including but not limited to the SYNC logo, designs, text, graphics, photos, videos, data, software, sound files, and other materials, as well as the selection and arrangement thereof (collectively, the “Content”)—are the proprietary property of SYNC or its licensors or users and are protected by U.S. and international intellectual property laws.

Subject to your compliance with these Terms, SYNC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and Content for your personal, non-commercial use only. This license does not include any rights to:

• Sell, resell, or commercially use the Sites or Content;
• Copy, distribute, publicly perform, or publicly display any Content;
• Modify, adapt, or create derivative works based on the Sites or Content;
• Use data mining, scraping, robots, or similar data-gathering methods;
• Download (other than standard browser caching) any portion of the Sites or Content unless explicitly permitted by SYNC;
• Use the Sites or Content for any purpose other than their intended use.

Any use of the Sites or Content not expressly authorized by these Terms is prohibited and will terminate the license granted herein. Unauthorized use may also violate intellectual property and other applicable laws.

Nothing in these Terms shall be construed as conferring any license or right under any patent, trademark, copyright, or other proprietary rights of SYNC or any third party, whether by implication, estoppel, or otherwise. SYNC reserves the right to revoke your access and license at any time without notice.

Some Content may be subject to additional or separate license terms (e.g., third-party software components). In such cases, those license terms will govern use of those components.

13. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws, SYNC has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are determined to be repeat infringers. We also reserve the right to limit access to the Sites and/or terminate the Account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any material on the Sites infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail).

Please be aware that under 17 U.S.C. § 512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement may be subject to liability for damages. Before submitting a claim, you may want to consult a legal advisor.

SYNC reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to the user.

14. User Content

The Sites may include interactive areas where users can create, post, share, or store content—such as reviews, testimonials, photos, videos, text, audio, and other materials (collectively, “User Content”). By submitting User Content, you agree that you are solely responsible for such content and for your use of any interactive feature on the Sites. You acknowledge that your User Content may be viewable by others depending on your settings.

You grant SYNC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, display, publish, modify, adapt, and otherwise exploit your User Content in any form, format, media, or channel now known or hereafter developed.

You agree not to create, post, share, or store any User Content that:

• Is unlawful, defamatory, libelous, harassing, abusive, obscene, offensive, pornographic, or otherwise objectionable;
• Encourages conduct that would violate any applicable law or regulation or could give rise to civil or criminal liability;
• Infringes any third party’s intellectual property or proprietary rights;
• Contains false or misleading statements or claims that do not reflect your honest opinion or actual experience;
• Impersonates any person or entity, or misrepresents your affiliation;
• Contains unsolicited promotions, advertisements, or spam;
• Includes confidential or personal information of others without their express consent;
• Depicts unsafe, irresponsible, or illegal behavior, including underage or excessive alcohol consumption or drug use;
• Contains viruses, malware, corrupted files, or any harmful code;
• In our sole judgment, may be objectionable, restrict others from using the Sites, or expose SYNC to legal claims or harm.

SYNC is not responsible or liable for any User Content. We have no obligation to monitor, screen, or edit User Content but reserve the right to remove, screen, or edit any User Content at any time and for any reason, with or without notice. You are solely responsible for backing up and maintaining copies of your content at your own expense.

15. Rights in User Content

SYNC does not claim ownership of your User Content. However, by uploading, posting, or submitting User Content to the Sites, or to our branded pages on third-party platforms (such as SYNC's Instagram, TikTok, or Facebook pages), you grant SYNC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content—along with your name, likeness, image, voice, or any other personal attributes you provide—in any media format and for any lawful purpose, including promotional, advertising, and commercial uses.

By submitting User Content, you represent and warrant that:

• The User Content is non-confidential and non-proprietary;
• You own or have the necessary rights, licenses, and permissions to submit such content and to grant the license above;
• Your User Content is accurate, not misleading, and does not infringe on any third-party rights, laws, or regulations;
• You have the consent of any identifiable individuals featured in the content;
• The content complies with these Terms and all applicable laws.

You acknowledge that SYNC is under no obligation to use your User Content and that SYNC reserves the right to remove any content at any time, in its sole discretion.

16. Trademarks

“SYNC,” “SYNC Health,” the SYNC logo, and any other product or service names, logos, slogans, or designs appearing on the Sites or Products are trademarks or trade dress of SYNC Health LLC and may not be copied, imitated, or used, in whole or in part, without prior written permission from SYNC. You may not use any meta tags or other hidden text incorporating SYNC trademarks or branding without our express prior written consent.

In addition, the overall look and feel of the Sites and Products—including but not limited to custom graphics, page headers, button icons, and scripts—constitutes the service mark, trademark, or trade dress of SYNC and is protected by law. Unauthorized use is strictly prohibited.

All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated, or used without the appropriate owner’s prior permission. Any reference to third-party products, services, or organizations does not constitute or imply endorsement by SYNC.

17. Hyperlinks

You are granted a limited, nonexclusive, nontransferable license to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray SYNC, its products, or services in a false, misleading, derogatory, or otherwise offensive manner. The linking website must not contain content that is unlawful, offensive, harassing, or otherwise objectionable.

You may not use any SYNC logo or proprietary graphic as part of the link without our express written permission. Nor may you frame or enclose any portion of the Sites, SYNC trademarks, or proprietary content without our consent.

SYNC makes no warranty or guarantee regarding, and assumes no liability for, the content, policies, or practices of any third-party websites linked to or from our Sites. Such websites are not under our control, and we provide links for convenience only. Once you leave our Sites, your interaction with those websites is governed by their terms and policies.

18. Third-Party Content

The Sites and/or shipped Products may display or distribute content, promotions, or advertisements provided by third parties (“Third-Party Content”). SYNC does not control, endorse, or assume any responsibility for Third-Party Content, and we make no representations or warranties of any kind regarding its accuracy, completeness, legality, or suitability.

Your interactions with third parties are solely between you and those parties, and SYNC shall not be liable for any damages, losses, or issues arising from those relationships.

19. User Conduct

You agree to use the Sites in accordance with all applicable laws and regulations and in a manner that does not violate the rights of SYNC Health LLC, its users, or any third party. You are solely responsible for your conduct and agree not to engage in any of the following prohibited activities:

• Harass, threaten, stalk, or otherwise intimidate any other user or SYNC representative;
• Access or use another user's account without authorization;
• Interfere with, disrupt, or attempt to negatively affect the operation, security, or integrity of the Sites;
• Attempt to probe, scan, or test the vulnerability of any SYNC system or network or breach any security or authentication measures;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any portion of the Sites;
• Circumvent, disable, or otherwise interfere with any content-filtering techniques, security features, or digital rights management technologies;
• Access any part of the Sites you are not authorized to access;
• Develop or use any third-party applications that interact with the Sites or user content without SYNC’s prior written permission;
• Use any robot, spider, scraper, crawler, or other automated means to access the Sites or extract data without SYNC’s express written permission;
• Use the Sites to engage in or promote any illegal or unauthorized activities, including without limitation, fraud or data theft;
• Use the Sites in any manner that could damage, disable, overburden, or impair SYNC's infrastructure or that interferes with other users' enjoyment of the Sites.

SYNC reserves the right to monitor access and use of the Sites and to take any action we deem appropriate, including the suspension or termination of your access, if we believe you are in violation of these Terms, applicable laws, or the rights of any other person or entity.

20. Feedback

Separate and apart from User Content, you may choose to submit questions, comments, suggestions, ideas, feedback, original materials, or other information regarding SYNC, our Sites, or Products (collectively, “Feedback”).

By submitting Feedback to SYNC through the Sites or through any communication with our team (including social media channels, surveys, or support tickets), you acknowledge and agree that:

• Your Feedback is non-confidential and non-proprietary;
• SYNC will own exclusive rights, including all intellectual property rights, to such Feedback;
• SYNC may use, disclose, reproduce, license, distribute, and exploit the Feedback for any lawful purpose—commercial or otherwise—without acknowledgment or compensation to you;
• You waive any moral rights or claims related to the Feedback, including the right to review or approve uses and the right to claim compensation.

You represent and warrant that you have the right to submit Feedback and that your Feedback does not violate the rights of any third party.

21. Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNC HEALTH LLC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, OR PARTNERS (COLLECTIVELY, THE “SYNC PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND—INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL—ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE SITES OR CONTENT, YOUR ORDER, RECEIPT, OR USE OF ANY PRODUCTS, OR OTHERWISE IN CONNECTION WITH THESE TERMS. THIS LIMITATION APPLIES WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF SYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• (a) FOR CLAIMS RELATED TO PRODUCT PURCHASES, THE MAXIMUM AGGREGATE LIABILITY OF SYNC AND THE SYNC PARTIES SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM;
• (b) FOR CLAIMS ARISING FROM SITE ACCESS OR USE, THE MAXIMUM LIABILITY OF SYNC AND THE SYNC PARTIES SHALL NOT EXCEED THE GREATER OF $250 OR THE AMOUNT PAID TO SYNC IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND CONSTITUTE SYNC'S ENTIRE LIABILITY AND OBLIGATION IN RESPECT THEREOF.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE SYNC AND THE SYNC PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND—KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED—ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES OR PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

ACCESS TO SYNC’S SITES, PRODUCTS, AND SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SYNC Health LLC and its past, present, and future officers, directors, employees, contractors, consultants, equity holders, agents, representatives, service providers, affiliates, subsidiaries, licensors, licensees, predecessors, successors, and assigns (individually and collectively, the “SYNC Parties”) from and against any and all actual or alleged claims, liabilities, damages, losses, costs, expenses, obligations, penalties, interest, legal fees (including reasonable attorneys’ fees and expenses), and judgments (“Claims”), whether known or unknown, foreseeable or unforeseeable, arising out of, related to, or in connection with:

• Your use or misuse of the Sites, Content, or Products;
• Any User Content you post, share, create, or otherwise make available through the Sites;
• Any Feedback you submit;
• Your violation of these Terms;
• Your violation of the rights of another party; or
• Any third-party’s use or misuse of the Sites or Products provided to you.

You agree to promptly notify SYNC of any third-party Claims and to cooperate fully in the defense of such Claims. SYNC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SYNC, and you agree not to settle any such matter without SYNC’s prior written consent. This indemnification obligation survives the termination or expiration of these Terms and your use of the Sites.

23. Disclaimers

UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM SYNC. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND FOR REVIEWING PRODUCT LABELING, WARNINGS, AND INGREDIENT INFORMATION BEFORE USE.

WE ATTEMPT TO DISPLAY PRODUCT DESCRIPTIONS, PRICING, NUTRITIONAL INFORMATION, AND OTHER MATERIALS ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH INFORMATION AND DISCLAIM ANY LIABILITY ARISING FROM ERRORS, OMISSIONS, OR INACCURACIES. IN THE EVENT OF AN ERROR IN PRODUCT DESCRIPTION, PRICING, OR ORDER FULFILLMENT, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY OR CANCEL IT AND ISSUE A REFUND.

YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE MAY DIFFER FROM THOSE DISPLAYED ON THE SITES DUE TO SUPPLY CHANGES, PACKAGING VARIATIONS, OR SYSTEM LIMITATIONS.

EXCEPT AS EXPRESSLY PROVIDED BY THE MANUFACTURER OR REQUIRED BY LAW, THE SITES, PRODUCTS, AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITES OR PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY.

SYNC RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SITES, FEATURES, FUNCTIONALITY, OR PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY. MENTION OF ANY THIRD-PARTY PRODUCTS OR SERVICES ON THE SITES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION.

24. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 13 is enforceable, the following mandatory arbitration provisions apply to you.

Most customer concerns can be resolved quickly and to your satisfaction by contacting us at hello@beinsync.co. If we are unable to resolve your concern, you and SYNC Health LLC agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to these Terms, to the Products, or to the Sites shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association (AAA), in accordance with the AAA’s then-current rules for consumer arbitration (available at https://www.adr.org/Rules), except that you may assert individual claims in small claims court if your claims qualify.

You and SYNC each expressly waive any right to a jury trial and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor SYNC shall be entitled to join or consolidate claims by or against others or arbitrate any claim as a class representative or class member.

The arbitration will be conducted by a single, neutral arbitrator in a mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) the scope and enforceability of this arbitration agreement. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees if authorized by law. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. At your request, arbitration hearings may be conducted in person or by telephone, and the arbitrator may allow for motion practice or ruling on written submissions without a hearing. SYNC agrees that, upon your request, we will pay your portion of the arbitration filing fee.

All aspects of the arbitration proceeding shall be strictly confidential for the benefit of all parties, including (but not limited to) all documents, transcripts, and awards.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. If a court determines that any provision in this Section is invalid or unenforceable, that provision shall be severed, and the remainder of the Section shall remain in full force and effect—except that under no circumstances shall either you or SYNC be permitted to participate in a class action arbitration or lawsuit.

You may opt out of this arbitration agreement by sending written notice to hello@beinsync.co within thirty (30) calendar days of your first use of the Sites or purchase of a subscription. Your notice must include your full name, address, and a clear statement that you do not wish to resolve disputes with SYNC through arbitration.

25. Modifications to the Sites and Products

SYNC reserves the right, in its sole discretion, to modify, suspend, or discontinue the Sites, the Content, any features, or the provision of Products at any time—temporarily or permanently—without prior notice or liability to you. SYNC shall not be liable for any losses or damages resulting from any such modification, suspension, or discontinuance.

26. Governing Law

These Terms and any disputes arising out of or related to them or your use of the Sites or Products shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

27. Miscellaneous

These Terms constitute the entire agreement between you and SYNC regarding the use of the Sites and Products, superseding any prior agreements between you and SYNC.

These Terms may not be assigned or transferred by you without SYNC’s prior written consent, and any attempted assignment without consent shall be null and void. SYNC may freely assign or transfer these Terms without restriction.

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and SYNC’s failure to assert any right under these Terms shall not constitute a waiver of such right.

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

Except as expressly stated herein, these Terms do not confer any rights or remedies on any third party.

28. Changes to Terms

We may update these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Sites after changes are posted constitutes your acceptance of the revised Terms.

29. Contact Information

Questions about these Terms? Email us at: hello@beinsync.co