Terms of service
TERMS OF SERVICE
Effective Date: August 26, 2026
Welcome to Level Up Energy Pouches. These Terms of Service ("Terms") govern your access to and use of the Level Up Energy Pouches website, online store, products, services, content, features, and tools (collectively, the "Services").
These Terms constitute a legally binding agreement between you and Level Up Energy Pouches ("Level Up," "we," "us," or "our").
Our store is hosted by Shopify, which provides the online commerce platform that allows us to sell our products and provide the Services to you.
Please read these Terms carefully before using our Services or placing an order. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not access or use our Services.
1. ELIGIBILITY AND USE OF THE SERVICES
By using our Services, you represent that you are at least the age of majority in the jurisdiction where you reside and that you have the legal capacity to enter into these Terms.
If our products or Services are subject to a minimum age requirement, you agree that you meet that requirement before purchasing or using our products.
You may use our Services only for lawful purposes and in accordance with these Terms.
You are responsible for ensuring that your use of our Services complies with all applicable federal, state, local, and other applicable laws and regulations.
2. ACCOUNTS AND CUSTOMER INFORMATION
You may be required to provide information when placing an order or using certain features of our Services, including your name, email address, billing information, shipping address, and payment information.
You agree that all information you provide to us will be accurate, current, and complete.
If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
You may not sell, transfer, assign, or otherwise provide your account to another person without our prior written permission.
We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.
3. OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, images, ingredients, pricing, and other information displayed through our Services are accurate and current.
However, product colors, packaging, appearance, and other visual characteristics may vary depending on your device, display settings, manufacturing changes, or other circumstances.
Product descriptions and other information may be changed or updated at any time without notice.
We reserve the right to discontinue products, change product formulations or packaging, limit quantities, or restrict sales to particular individuals, geographic regions, or jurisdictions at our discretion and to the extent permitted by law.
4. PRODUCT USE AND SAFETY
Our products are intended to be used only as directed on the product packaging and applicable product information provided by Level Up Energy Pouches.
You are responsible for reading product labels, ingredient information, directions, warnings, and other information before using our products.
Do not use our products in a manner inconsistent with their labeling or intended use.
Keep products out of reach of children and pets.
If you have questions about whether a product is appropriate for you, including questions relating to ingredients, caffeine, allergies, medications, or other individual circumstances, consult an appropriate healthcare professional before using the product.
You should discontinue use and seek appropriate medical attention if you experience an adverse reaction or other concerning symptoms.
Level Up Energy Pouches does not provide medical advice, diagnosis, or treatment through its website, product descriptions, marketing materials, or other Services.
Nothing on our Services should be interpreted as medical advice or as a substitute for advice from a qualified healthcare professional.
5. ORDERS AND ACCEPTANCE
When you place an order through our store, you are making an offer to purchase the products in your order.
Your order is not accepted until we have processed your payment and confirmed your order.
We reserve the right to accept, reject, limit, or cancel any order at our discretion and to the extent permitted by law.
If we cancel or modify an order, we will attempt to notify you using the contact information provided with your order.
Please review your order carefully before submitting it. Once an order has been accepted and processed, we may not be able to accommodate cancellation requests.
Your purchases are subject to our Refund Policy, which is incorporated into these Terms by reference.
6. PRICES, BILLING, AND PAYMENT
Prices displayed through our Services are subject to change without notice.
The price charged for a product will generally be the price displayed at the time your order is placed and will be reflected in your order confirmation.
Unless otherwise stated, prices may not include applicable taxes, shipping charges, handling charges, customs duties, or other fees.
We reserve the right to correct pricing errors, inaccuracies, or omissions and to cancel or modify orders affected by such errors.
You agree to provide accurate and complete billing and payment information.
You authorize us and our payment providers to charge your selected payment method for all amounts associated with your purchase, including applicable taxes and shipping charges.
7. SHIPPING AND DELIVERY
We will provide available shipping information and estimated delivery times at checkout or through your order confirmation.
Delivery dates and timeframes are estimates and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, weather, natural disasters, customs processing, government actions, or other unforeseen events.
You are responsible for providing an accurate shipping address. We are not responsible for delays, losses, or additional charges resulting from an incorrect or incomplete address provided by you.
If your order arrives damaged, please contact us as soon as possible in accordance with our Refund Policy.
8. RETURNS, REFUNDS, AND DAMAGED PRODUCTS
Our Refund Policy is incorporated into these Terms.
Customers have 30 days from the date of delivery to report products that arrive damaged or defective.
To request a refund or replacement, customers should contact:
Level Up Energy Pouches
Email: alexx.kirby@levelupenergypouches.com
Customers may be asked to provide an order number, description of the damage or defect, and photographs of the affected product.
If a claim is approved, Level Up Energy Pouches may provide a refund or replacement for the affected product.
Approved refunds will generally be issued to the original payment method.
Unless otherwise required by applicable law, products that are not damaged or defective are not eligible for return or refund under our Refund Policy.
9. INTELLECTUAL PROPERTY
All content and materials made available through our Services, including trademarks, logos, brand names, product names, designs, text, photographs, graphics, videos, audio, product descriptions, reviews, software, and the selection and arrangement of such materials, are owned by or licensed to Level Up Energy Pouches and are protected by applicable intellectual property laws.
You may access and use our Services for your personal, non-commercial use.
Except as expressly permitted by us in writing or by applicable law, you may not:
-
Copy, reproduce, modify, or distribute our content;
-
Create derivative works from our content;
-
Republish or commercially exploit our content;
-
Use our trademarks or logos without permission;
-
Scrape, extract, or systematically collect content from our Services; or
-
Use our intellectual property in a manner that suggests an endorsement or affiliation with Level Up Energy Pouches.
All rights not expressly granted under these Terms are reserved by Level Up Energy Pouches and its licensors.
10. THIRD-PARTY SERVICES AND LINKS
Our Services may contain links to or integrations with third-party websites, services, applications, payment processors, or other resources.
We do not control or endorse third-party websites or services unless expressly stated otherwise.
If you access a third-party website or service, you do so at your own risk and subject to that third party's terms and policies.
We are not responsible for the content, accuracy, availability, security, privacy practices, or actions of third-party websites or services.
11. SHOPIFY
Our online store is powered by Shopify, which provides the technology and platform used to operate our store.
Your purchases are transactions directly between you and Level Up Energy Pouches.
Shopify is not responsible for the products we sell, the transactions between you and Level Up Energy Pouches, or any issues arising from products purchased through our store, except as otherwise required by applicable law.
12. PRIVACY
Your use of our Services is also subject to our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose, and protect personal information obtained through our Services.
Privacy Policy: https://levelupenergypouches.com/policies/privacy-policy
By using our Services, you acknowledge that you have reviewed our Privacy Policy.
Because our store is powered by Shopify, certain information may also be processed by Shopify and other service providers that assist us in operating our store, processing payments, fulfilling orders, providing customer support, and providing other Services.
13. CUSTOMER REVIEWS AND FEEDBACK
If you submit reviews, comments, suggestions, ideas, photographs, testimonials, or other feedback to us ("Feedback"), you represent that you have the right to provide that content and that it does not violate the rights of another person or entity.
By submitting Feedback, you grant Level Up Energy Pouches a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use that Feedback for purposes related to our business, including marketing and promotion.
We are not obligated to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.
We reserve the right to remove Feedback that we reasonably believe violates applicable law, infringes another person's rights, contains malicious code, is abusive or defamatory, or otherwise violates these Terms.
You may not submit Feedback using a false identity or misleading information.
14. ACCURACY OF INFORMATION
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time without prior notice.
We may also cancel or modify an order if information associated with that order was materially inaccurate, subject to applicable law.
15. PROHIBITED USES
You may not use our Services:
-
For any unlawful purpose;
-
To violate applicable federal, state, local, or international laws or regulations;
-
To infringe upon our intellectual property rights or the rights of others;
-
To harass, threaten, abuse, defame, or harm another person;
-
To submit false or misleading information;
-
To interfere with the operation or security of our Services;
-
To introduce viruses, malware, or other harmful code;
-
To collect or track personal information belonging to others without authorization;
-
To engage in spam, phishing, or other fraudulent activity;
-
To impersonate another person or entity;
-
To copy, scrape, extract, or reproduce our Services or content for unauthorized commercial purposes;
-
To circumvent security or access controls; or
-
To engage in any activity that could reasonably harm Level Up Energy Pouches, our customers, our service providers, or the operation of our Services.
We reserve the right to suspend or terminate access to our Services if we reasonably believe that you have violated these Terms or applicable law.
16. TERMINATION
We may suspend or terminate your access to our Services, including your account, at any time if we reasonably believe that you have violated these Terms, applicable law, or otherwise engaged in conduct that may harm our business, customers, or Services.
Termination does not affect rights or obligations that arose before termination.
Any provisions of these Terms that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
17. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE DO NOT GUARANTEE THAT OUR SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
WE DO NOT WARRANT THAT INFORMATION PROVIDED THROUGH OUR SERVICES WILL ALWAYS BE COMPLETE, ACCURATE, CURRENT, OR ERROR-FREE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEVEL UP ENERGY POUCHES AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR PURCHASE OR USE OF OUR PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO LEVEL UP ENERGY POUCHES FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
19. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Level Up Energy Pouches and its owners, officers, directors, employees, affiliates, agents, contractors, licensors, service providers, and partners from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
-
Your violation of these Terms;
-
Your violation of applicable law or the rights of another person or entity;
-
Your misuse of our Services or products; or
-
Your unauthorized use of our intellectual property.
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, and you agree to reasonably cooperate with us in that defense.
20. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in full force and effect.
21. WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
These Terms, together with our Privacy Policy, Refund Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and Level Up Energy Pouches regarding your use of our Services and supersede prior or contemporaneous agreements relating to the same subject matter.
22. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms, in whole or in part, without your consent to the extent permitted by applicable law, including in connection with a merger, acquisition, sale of assets, reorganization, or similar transaction.
23. GOVERNING LAW AND DISPUTES
These Terms and any dispute arising out of or relating to these Terms or your use of our Services will be governed by the laws of the State of Arizona, without regard to its conflict-of-law principles.
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms will be brought in the state or federal courts located in Arizona, and you consent to the jurisdiction and venue of those courts.
Nothing in this section limits any rights or remedies that cannot legally be waived under applicable law.
24. CHANGES TO THESE TERMS
We may update, modify, or replace these Terms from time to time.
The most current version will be posted on our website with the updated effective date.
If we make material changes, we may provide notice as required by applicable law.
Your continued use of our Services after revised Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
25. CONTACT INFORMATION
If you have questions about these Terms, our products, or our Services, please contact us:
Level Up Energy Pouches
Email: info@levelupenergypouches.com
Business Address: 38542 W Washington St Tonopah, AZ 85354
Phone: 602.541.9324
RELATED POLICIES
The following policies are incorporated into these Terms by reference:
Privacy Policy: https://levelupenergypouches.com/policies/privacy-policy
Refund Policy: https://levelupenergypouches.com/policies/refund-policy
By using the Services or purchasing products from Level Up Energy Pouches, you acknowledge that you have read and agree to these Terms and the policies incorporated into them.