Terms of Service

Last updated: July 22, 2026

Welcome to Moodivate. These Terms of Service ("Terms") govern your use of drinkmoodivate.com (the "Site") and your purchase of products from Moodivate, LLC ("Moodivate," "we," "us"). By using the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.

1. Our Products Are Supplements — Not Medicine

Moodivate is a dietary supplement. Statements on this Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Nothing on this Site is medical advice. Consult your physician before use if you are pregnant or nursing, have a medical condition, take any medication, or are sensitive to caffeine. Our products are intended for adults. Keep out of reach of children. Do not exceed the recommended serving. Stop use and consult a doctor if you experience adverse effects.

2. Testimonials and Results

Reviews and testimonials on the Site reflect individual customers' real experiences. Individual results vary, and testimonials are not a promise of the results you will experience. Where a reviewer has a material connection to us (for example, a family member), we disclose it.

3. Ordering, Pricing, and Errors

All prices are in U.S. dollars and may change at any time. We work hard to keep the Site accurate, but if a product is listed at an incorrect price or with incorrect information due to an error, we may cancel or refuse the order and will refund anything you paid. Placing an order is an offer to purchase; we may decline orders (for example, suspected fraud or resale). Sales tax is collected where required by law.

4. Subscriptions

Subscriptions renew automatically each billing cycle at the price and discount shown at signup, plus shipping and any applicable tax, until you cancel. You can pause, skip, or cancel anytime from your account portal or by contacting us — no calls required, no cancellation fees. Cancellations take effect for the next billing cycle; orders already billed will ship. If a renewal payment fails, we may retry it and pause your subscription. We may change subscription pricing or benefits prospectively with advance notice; you can cancel before any change takes effect.

5. Promotional Codes

Promo codes (including new-customer, referral, and HEROES10 codes) are for personal, non-commercial use; have no cash value; may be limited in number, duration, audience (e.g., first-time customers), or combinability; and may be modified or ended at any time. We may cancel orders that misuse codes (including multiple accounts created to reuse a one-time code).

6. Shipping and Risk of Loss

Shipping terms are described in our Shipping Policy, which is part of these Terms. Title and risk of loss pass to you on our delivery of the package to the carrier; we will, however, work with you in good faith on lost or damaged shipments as described in our Refund Policy.

7. Returns and Refunds

Our Refund Policy, which is part of these Terms, describes the circumstances in which we replace products or issue refunds. Except as stated there or required by law, all sales are final.

8. Your Content (Reviews, Photos, Messages)

If you submit reviews, photos, or other content, you grant Moodivate a perpetual, worldwide, royalty-free license to use, reproduce, edit for length or clarity, and display that content in connection with our business (including on the Site and in marketing), with or without your first name and initial. You represent that your content is yours, is truthful and based on your actual experience, and doesn't violate anyone's rights. We may decline or remove content at our discretion, and we do not compensate for reviews unless expressly stated (and if we ever provide free product for a review, we require that connection to be disclosed).

9. Intellectual Property

The Site and its content — including the Moodivate name, logo, "Clean Lift. No Crash.™," "Get Moodivated™," product design, copy, and images — are owned by or licensed to Moodivate, LLC and protected by law. Zembrin®, PharmaGABA®, AlphaSize®, and InnovaTea® are trademarks of their respective owners. You may not copy, scrape, or use our content or marks without our written permission, except for personal, non-commercial viewing and sharing.

10. Acceptable Use

You agree not to misuse the Site, including by: attempting to breach security; scraping or harvesting data; placing fraudulent orders; reselling products without authorization; or using the Site in violation of law.

11. Disclaimer of Warranties

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MOODIVATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOODIVATE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR ANY PRODUCT IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. MOODIVATE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnification

You agree to indemnify and hold harmless Moodivate, LLC and its owners, employees, and agents from claims arising out of your violation of these Terms, your misuse of the Site or products (including use contrary to label directions), or your violation of any law or third-party right.

14. Dispute Resolution — Arbitration and Class Action Waiver

Please read this section carefully — it affects your legal rights. You and Moodivate agree to first try to resolve any dispute informally by contacting team@drinkmoodivate.com; most issues are fixed with one email or call. If we can't resolve it within 30 days, any dispute arising out of or relating to these Terms, the Site, or any product will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Montgomery County, Texas or conducted remotely at your election. You and Moodivate each waive the right to a jury trial and to participate in a class action. Either party may instead bring an individual claim in small-claims court. This section does not apply where prohibited by law, and either party may seek injunctive relief in court for intellectual-property misuse. You may opt out of this arbitration agreement by emailing us within 30 days of your first purchase with the subject "Arbitration Opt-Out."

15. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Subject to Section 14, any court proceedings will take place in the state or federal courts located in Montgomery County, Texas.

16. General

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy, Shipping, and Refund Policies, are the entire agreement between you and Moodivate regarding the Site. We may update these Terms from time to time; the "Last updated" date reflects the latest version, and continued use after changes constitutes acceptance. We are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact

Moodivate, LLC — Willis, Texas
Email: team@drinkmoodivate.com
Call/text: (936) 228-6261