TERMS OF USE

This agreement is entered into between you, the [referred to as "User" or "you"], and ASSIST NUTRITION (collectively referred to as "ASSIST NUTRITION," "we," "our," or "us").

 If you do not agree to all the provisions of this agreement, you are not permitted to use the Services. In the event of any conflict or inconsistency between these Terms and Conditions and any other provisions, terms, or agreements between ASSIST NUTRITION, and you, the provisions and terms of these Terms of Use shall prevail. If you have any inquiries regarding the content of this agreement, please feel free to contact us.

 Therefore, your use of www.assistnutrition.com is subject to the following terms and conditions. ASSIST NUTRITION reserves the right to update these Terms and Conditions without prior notice to the user. The most recent version of the Terms and Conditions can be accessed by clicking on the 'Terms of Service' hyperlink located at the bottom of our webpages.

1. USAGE 

You must be at least 18 years old to access this website. If you are less than 18, please do so under the guidance and supervision of a parent and/or guardian. You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify ASSIST NUTRITION for any losses, costs or damages, including reasonable legal fees, incurred by ASSIST NUTRITION in relation to, or arising out of, such a breach. 

2.OUR SERVICES

ASSIST NUTRITION provides consumers within the United States with high-quality, protein-based snack products, including but not limited to our signature protein crispy treats (“Products”). Our Services include the online sale, delivery, and optional monthly subscription supply of these Products through our website www.assistnutrition.com. At Assist Nutrition, our philosophy is rooted in the belief that long-term wellness is achieved through consistency, and consistency is only possible when healthy choices are enjoyable and sustainable. Our Services are therefore designed around offering Products that balance flavor, texture, and nutrition, enabling customers to incorporate healthier snacks into their daily routines without feeling deprived or restricted. We have developed our Products with an emphasis on flavor-first formulation, ensuring that every item we produce is crafted to be genuinely delicious while supporting your nutritional goals. Our mission is to design snacks that customers not only benefit from—but genuinely crave, enjoy, and can integrate into their lifestyle long term. Through our Services, Assist Nutrition is committed to continuously reimagining traditional snack foods, transforming familiar favorites into better, more nutritious alternatives without compromising taste or satisfaction. We aim to offer Products that enhance well-being while remaining accessible, convenient, and enjoyable for everyday consumption. Assist Nutrition may introduce new flavors, formulations, product variations, or service enhancements from time to time. We reserve the right to expand, modify, or discontinue any aspect of our Services, Products, or offerings at our discretion, subject to applicable law. 

3. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to: (a) The use of any information, pictures, documents and/or other services offered by ASSIST NUTRITION via (our “Website”); (b) The Order, Shipping & Delivery, Return & Refunds of any protein crispy treats ordered from the site.

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS 

The Website may provide links to external Internet sites. ASSIST NUTRITION hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. ASSIST NUTRITION shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

5. INFORMATION ON THE WEBSITE 

The information on the Website is for general information purposes only and does not constitute advice. Even though ASSIST NUTRITION has composed its website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. ASSIST NUTRITION does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate. To the maximum extent permitted under applicable law, ASSIST NUTRITION shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of ASSIST NUTRITION. ASSIST NUTRITION shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

6.INTELLECTUAL PROPERTY

All brand names, logo, product names and titles used on the Website are trademarks or trade names of ASSIST NUTRITION or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights. The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to ASSIST NUTRITION and/or its suppliers and subcontractors. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

7. DATA PRIVACY 

ASSIST NUTRITION collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with ASSIST NUTRITION’s Privacy policy displayed at the bottom of our webpage.

8. UNSOLICITED IDEAS 

In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to ASSIST NUTRITION by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials. To the maximum extent permitted under applicable law, you hereby indemnify and hold ASSIST NUTRITION harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party. 

9. ACCOUNT. 

You can access the site either as a guest or by registering an account with us. If you choose to create an account with us (“Account”), you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

10. PAYMENT AND SUBSCRIPTIONS 

(a)Orders and Payments

All orders placed on the website constitute an offer to purchase the selected products under these Terms. Assist Nutrition reserves the right to accept or reject any order at its discretion. Prices listed on the website are in U.S. Dollars (USD) and are exclusive of applicable taxes unless otherwise stated. Payment must be made using one of the accepted payment methods, which may include PayPal, credit cards, debit cards, and Shopify Payments. By submitting payment information, you represent that you are authorised to use the payment method and that the information provided is accurate and complete. In the event of declined payments, suspected fraud, or irregular activity, Assist Nutrition may cancel the order or request additional verification. An order confirmation email will be issued upon acceptance; however, this confirmation does not guarantee availability or final acceptance of the order until shipment.

(b)Subscription Services.

Assist Nutrition offers a monthly subscription service for recurring deliveries of our protein crispy treats (“Subscription Service”). By enrolling in a subscription, you authorise Assist Nutrition to automatically charge your chosen payment method at the beginning of each billing cycle until the subscription is paused or cancelled by you. Subscription charges are billed monthly, and pricing will be clearly stated at the time of sign-up. You may manage, modify, pause, or cancel your subscription through your online account. Cancellations must be completed before the next billing cycle. Charges already processed for the current cycle are non-refundable. Assist Nutrition reserves the right to modify subscription pricing, benefits, or structure upon providing reasonable notice to subscribers.

(c)Taxes.

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

12. PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, 2or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14. YOUR TOTAL PRICE 

The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.

15. USER CONDUCT 

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and ASSIST NUTRITION; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

16. INDEMNIFICATION. 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ASSIST NUTRITION, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ASSIST NUTRITION Parties”), from and against all actual or alleged ASSIST NUTRITION Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify ASSIST NUTRITION of any third-party Claims and cooperate with the ASSIST NUTRITION Parties in defending such Claims. You further agree that the ASSIST NUTRITION Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ASSIST NUTRITION.

17. DISCLAIMERS. 

Your access to and use of the Services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (ASSIST NUTRITION ENTITIES are ASSIST NUTRITION founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 ASSIST NUTRITION make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ASSIST NUTRITION or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the ASSIST NUTRITION is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ASSIST NUTRITION of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASSIST NUTRITION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ASSIST NUTRITION EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ASSIST NUTRITION HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

18. CHANGES 

If ASSIST NUTRITION decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

 19. GOVERNING LAW AND JURISDICTION

These general terms and conditions in relation to the use of the website are hereby governed by and constructed and enforced in accordance with the laws of California. The competent courts in California shall have the exclusive jurisdiction to resolve any dispute between you and ASSIST NUTRITION.