Terms of service
TERMS OF USE
Last Updated: November 19, 2025
1. Acceptance of Terms
This Agreement (“Agreement,” “Terms,” or “Terms of Use”) is a legal contract between you (“you,” “your,” or “Customer”) and Pure Genius AS LLC (“Pure Genius,” “we,” “us,” or “our”). By:
- accessing our website (the “Website”),
- purchasing or using our products (the “Products”),
- signing up for text messages or email communications,
- submitting reviews or testimonials, or
- interacting with us in any way,
you agree to be bound by these Terms. If you do not agree, do not use the Website or purchase Products.
We may revise these Terms at any time. Updated Terms will be posted with a new “Last Updated” date. Your continued use of the Website constitutes acceptance of all changes.
2. Eligibility
You must be 18 years or older to use the Website or purchase Products. You agree not to permit any minor to purchase Products on this Website.
3. Privacy Policy & Data Use
Our Privacy Policy (incorporated by reference) describes how we collect, use, share, and protect your information, including:
- SMS text-message opt-in requirements
- California (CCPA/CPRA) & Colorado (CPA) state privacy rights
- Virginia, Connecticut, and other state consumer privacy rights
- Data collected through third-party processors (Shopify, Stripe, etc.)
By using the Website, you consent to our Privacy Policy.
4. Electronic Signatures
You agree to conduct transactions electronically under the E-SIGN Act. Clicking “I Agree,” checking a box, or continuing to use the Website constitutes your electronic signature.
5. Ordering, Processing & Shipping
We fulfill orders according to posted processing timelines. Shipping dates are estimates only. Risk of loss transfers to you upon our delivery of the shipment to the carrier.
We are not responsible for delays caused by carriers, weather conditions, supply chain disruptions, or force majeure events.
A $19.99 surcharge applies to shipments to Hawaii, Alaska, and Puerto Rico.
6. Returns & Refunds
Most Products include a 30-day money-back guarantee, starting on the date the order ships.
Misuse of our refund policy, excessive returns, suspected fraud, or abuse—as determined in our sole discretion—may result in:
- refusal of refunds
- termination of accounts
- refusal of future orders
Refunds may take up to 10 business days after we receive your item.
7. Billing Errors
You must report billing errors within 30 days of the charge appearing on your statement. Failure to do so constitutes acceptance of the charge.
8. Customer Representations
You represent and warrant that:
- all information you provide is accurate and up-to-date;
- you will not violate any laws when using the Website;
- you will not engage in fraudulent or abusive purchasing patterns;
- your use of the Website will comply with all applicable laws.
9. User Generated Content (Reviews, Testimonials, Posts)
You are solely responsible for any content you submit, including reviews, testimonials, photos, or comments (“User Content”). You agree that:
- You grant Pure Genius a worldwide, perpetual, royalty-free, transferable license to use, copy, modify, publish, and display your User Content for any purpose, including marketing.
- You will not submit User Content that is false, misleading, defamatory, illegal, harmful, infringing, or compensated by third parties.
- Pure Genius may remove or modify User Content at any time for any reason but is not obligated to monitor User Content.
- You waive all “moral rights” in your submissions.
FTC Endorsement Compliance
If you are receiving any incentive, free product, or compensation—direct or indirect—you agree that you must clearly disclose this per FTC Endorsement Guidelines.
10. Affiliate Links & Influencers
The Website may include affiliate links or paid partner content. We may receive commissions from purchases made through such links. We comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
11. SMS/Text Messages (TCPA Compliance)
By opting in to receive text messages, you expressly agree to receive marketing texts from Pure Genius at the phone number provided. Consent is not a condition of purchase.
Message and data rates may apply. Frequency varies.
You may opt out at any time by replying STOP.
Your consent is governed by the Telephone Consumer Protection Act, 47 U.S.C. § 227, and 47 C.F.R. § 64.1200.
12. Acceptable Use Rules
You agree not to:
- upload viruses or harmful code;
- access the Website through scrapers, robots, or automated tools;
- copy, frame, or mirror the Website;
- interfere with security features;
- engage in fraudulent, abusive, or illegal conduct;
- resell Products commercially.
13. Product Information & FDA/Health Claims
Products are not intended to diagnose, treat, cure, or prevent any disease.
Statements on the Website have not been evaluated by the FDA.
Nutritional results vary by individual. Pure Genius does not guarantee:
- muscle gain,
- weight loss,
- health outcomes,
- performance improvements.
User testimonials represent individual experiences and are not typical.
14. Intellectual Property
All content on the Website—including trademarks, logos, graphics, text, images, videos, and software—is owned by Pure Genius and protected by U.S. and international copyright and trademark laws.
You may not reproduce or use any content without express written permission.
15. DMCA / Copyright Infringement
If you believe any content infringes your copyright, send a notice to:
hello@puregeniusprotein.com
Subject: “DMCA Notice”
Include all information required by 17 U.S.C. § 512(c)(3).
16. Third-Party Payment Processors
Payments are processed by third-party providers such as Shopify, Stripe, PayPal, or others. By completing a purchase, you agree to their terms, privacy policies, and data-handling practices.
Pure Genius is not responsible for the acts or omissions of payment processors.
17. Accessibility
We strive to maintain accessibility consistent with WCAG 2.1 AA standards. If you encounter accessibility issues, email hello@puregeniusprotein.com.
18. Disclaimer of Warranties
Except as prohibited by law, Products are provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties, express or implied, including:
- merchantability,
- fitness for a particular purpose,
- non-infringement,
- accuracy or reliability of the Website,
- uninterrupted or error-free access.
19. Limitation of Liability
To the maximum extent permitted by law:
- Pure Genius’s total liability shall not exceed the amount you paid for the Products in the 12 months preceding the claim.
- We shall not be liable for any indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages.
Some states (including NJ and CT) do not allow certain liability limitations, so these may not apply to you.
20. Indemnification
You agree to indemnify and hold Pure Genius harmless from all claims, damages, losses, and expenses (including attorneys’ fees) arising from:
- your use of the Website,
- your User Content,
- your violation of these Terms,
- your violation of law or third-party rights.
21. Termination
We may suspend or terminate your account or access to the Website at any time for any reason, including suspected fraud or policy violations.
Termination does not relieve you of payment obligations for prior purchases.
22. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.
23. Binding Arbitration & Class Action Waiver
Except where prohibited by law, you agree to resolve any dispute individually through binding arbitration administered by the American Arbitration Association (AAA) in New York, NY.
You agree that:
- There is no judge or jury in arbitration.
- You may not bring class actions, mass actions, or private attorney-general claims.
- Claims must be brought within one year.
Exception: You may bring individual claims in small claims court if permitted by AAA’s Consumer Due Process Protocol.
Pure Genius may seek injunctive relief in court for intellectual-property violations.
24. Sales Tax
Applicable taxes are charged at checkout according to state and local law.
25. Assignment
We may assign these Terms at any time. You may not assign your rights without our written consent.
26. Severability
If any part of these Terms is deemed unenforceable, the rest remains in effect.
27. Entire Agreement
These Terms constitute the full agreement between you and Pure Genius regarding the Website and Products.
28. Contact Information
For questions about these Terms, email:
hello@puregeniusprotein.com