T&C's

Mydrate Inc.

Effective Date: June 6, 2026 | Last Updated: June 6, 2026

1. Agreement to Terms

These Terms and Conditions ("Terms" or "Agreement") govern your access to and use of the Mydrate website (www.mydrate.com) and the services offered therein (collectively, the "Services" or "Platform"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS ON LIABILITY, A BINDING ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

These Terms apply to all visitors, users, and others who access or use the Services. By using the Services, you also agree to our Privacy Policy, which is incorporated herein by reference.

2. Use of the Services

(a) You must be at least 18 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you are not permitted to use the Services. Mydrate reserves the right to request proof of age at any time.

(b) You agree to use the Services only for lawful purposes and in accordance with these Terms.

(c) You agree not to engage in any conduct that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

(d) You agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or servers or networks connected to the site;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
• Use the Services to advertise or offer to sell goods and services without Mydrate's prior written consent;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

(e) Mydrate reserves the right to terminate your access to the Services at any time, with or without notice, for conduct that violates these Terms or is harmful to other users, Mydrate, or third parties, or for any other reason at Mydrate's sole discretion.

3. Intellectual Property

(a) The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Mydrate or its licensors and are protected by copyright, trademark, and other intellectual property laws. The Mydrate name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mydrate or its affiliates or licensors. You must not use such marks without the prior written permission of Mydrate.

(b) You may not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services.

(c) Subject to these Terms, Mydrate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include the right to: (i) sell or resell any products or services available on the Services; (ii) collect and use any product listings or descriptions; (iii) make any derivative use of the Services or its content; or (iv) download or copy account information for the benefit of any third party.

(d) All rights not expressly granted in these Terms are reserved by Mydrate and its licensors.

4. User Accounts

(a) To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information when creating your account and to update your information as necessary to keep it accurate, current, and complete.

(b) You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Mydrate immediately of any unauthorized use of your account or any other breach of security.

(c) You are responsible for all content you post, upload, or otherwise make available through the Services. You agree that you will not post any content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy; (ii) infringes any patent, trademark, trade secret, copyright, or other intellectual property rights; or (iii) contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

(d) Mydrate reserves the right to disable any user account at any time in its sole discretion for any or no reason, including if Mydrate believes that you have violated any provision of these Terms.

(e) You may delete your account at any time by contacting us at nicholas@mydrate.com. Upon deletion, your right to use the Services will immediately cease.

[NEW SECTION] 5. Purchases, Payments & Subscriptions

(a) If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

(b) You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete.

(c) Mydrate reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

(d) All prices are listed in U.S. Dollars and are subject to change without notice. Mydrate is not responsible for pricing, typographical, or other errors, and reserves the right to cancel any orders arising from such errors.

(e) You agree to pay all applicable taxes assessed in connection with your purchases. If we do not collect tax, you are responsible for paying such taxes directly to the applicable taxing authority.

[NEW SECTION] 6. Product Information & Health Disclaimer

(a) Mydrate energy drinks contain caffeine and other active ingredients. The following persons should consult a physician before consuming Mydrate products: individuals under 18 years of age, pregnant or nursing women, individuals sensitive to caffeine, and individuals with a known medical condition.

(b) Do not mix Mydrate products with alcohol. Do not use Mydrate products as a substitute for sleep or as a rehydration solution during intense physical activity without adequate hydration.

(c) Product descriptions, ingredient lists, and nutritional information on the Services are provided for informational purposes only and are subject to change. Always refer to the product label for the most current and accurate information.

(d) THE PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION PROVIDED ON THE SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.

(e) Mydrate makes no representations or warranties that any product shown on the Services will be available for purchase, that the descriptions of the products are accurate, complete, reliable, current, or error-free, or that the products themselves will meet your expectations.

[NEW SECTION] 7. Shipping, Returns & Refunds

(a) Mydrate will make every effort to fulfill orders in a timely manner. Estimated shipping times are provided for convenience only and are not guaranteed. Mydrate is not responsible for delays caused by carriers, customs, or circumstances beyond its reasonable control.

(b) Risk of loss and title for items purchased from the Services pass to you upon delivery of the items to the carrier.

(c) If you are not satisfied with your purchase, you may contact us at nicholas@mydrate.com within 30 days of the purchase date to request a return or exchange, subject to our Return Policy. Opened or consumed products may not be eligible for return.

(d) Refunds, if approved, will be issued to your original payment method within a reasonable time.

[NEW SECTION] 8. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, available at [www.mydrate.com/privacy], which is incorporated into these Terms by this reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy. Mydrate complies with applicable data protection laws, including the California Consumer Privacy Act (CCPA) where applicable.

[NEW SECTION] 9. Cookies & Tracking Technologies

Mydrate uses cookies and similar tracking technologies to track activity on the Services and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Services. For more information, please refer to our Cookie Policy at [www.mydrate.com/cookies].

[NEW SECTION] 10. Third-Party Links & Content

(a) The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Mydrate. Mydrate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

(b) If you access a third-party website from the Services, you do so at your own risk, and you understand that these Terms and Mydrate's Privacy Policy do not apply to your use of such sites.

[NEW SECTION] 11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MYDRATE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

(a) In no event shall Mydrate, its officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory. THIS LIMITATION APPLIES WHETHER OR NOT MYDRATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Mydrate's total liability to you for all claims arising out of or related to the Services shall not exceed the amount paid by you, if any, for access to the Services in the twelve (12) months preceding the claim, or $100.00, whichever is greater.

(c) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

[NEW SECTION] 13. Indemnification

You agree to defend, indemnify, and hold harmless Mydrate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user-generated content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

[NEW SECTION] 14. Dispute Resolution & Binding Arbitration

(a) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(b) You and Mydrate agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

(c) CLASS ACTION WAIVER: YOU AND MYDRATE 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 OR REPRESENTATIVE PROCEEDING.

(d) The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA's rules and filing instructions are available at www.adr.org.

(e) Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration.

15. Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of [INSERT STATE — e.g., California], without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding not subject to arbitration under Section 14 shall be instituted exclusively in the federal courts of the United States or the courts of the State of [INSERT STATE], in each case located in [INSERT COUNTY], and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

[NEW SECTION] 16. Digital Millennium Copyright Act (DMCA)

(a) Mydrate respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Mydrate's copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

(b) For your complaint to be valid under the DMCA, you must provide the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Services; (iv) information reasonably sufficient to permit Mydrate to contact you; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized; and (vi) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

(c) Mydrate's DMCA Agent can be reached at: nicholas@mydrate.com

[NEW SECTION] 17. Accessibility

Mydrate is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing the Services, please contact us at nicholas@mydrate.com.

18. Changes to Terms

Mydrate reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Mydrate website. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the changes. We will use reasonable efforts to notify you of material changes, such as by posting a notice on the Services or sending you an email notification to the address associated with your account. We encourage you to review these Terms periodically to stay informed of any updates.

[NEW SECTION] 19. Termination

Mydrate may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that Mydrate, in its sole discretion, believes violates these Terms, any applicable law, or is harmful to the interests of another user, a third party, or Mydrate. Upon termination, your right to use the Services will immediately cease. Sections 3 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), and all other provisions that by their nature should survive termination, shall survive.

[NEW SECTION] 20. Miscellaneous

(a) Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Mydrate concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

(b) Waiver. No waiver by Mydrate of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

(c) Severability. If any provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

(d) Assignment. Mydrate may assign its rights and obligations under these Terms without restriction. You may not assign any rights or obligations under these Terms without Mydrate's prior written consent.

(e) Force Majeure. Mydrate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, fire, or internet disturbances.

21. Contact Us
8. If you have any questions or concerns about these Terms, please contact us at info@mydrate.com.
You may also contact us by mail at:
Mydrate, Inc.