# Terms of Service
**Effective date:** June 7, 2026
**Last updated:** June 7, 2026
These Terms of Service ("**Terms**") form a legally binding agreement between you ("**you**," "**your**," "**Customer**") and **DRAEN LLC**, a New Mexico limited liability company doing business as **Draen** ("**Draen**," "**we**," "**us**," "**our**"), governing your access to and use of the website located at https://getdraen.com (the "**Site**"), our mobile experiences, our products (the "**Products**"), and any services, content, features, communications, or transactions we offer through them (collectively, the "**Services**").
**PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 19) THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.**
By accessing the Site, creating an account, placing an order, subscribing to our email or SMS communications, or otherwise using the Services, **you acknowledge that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy](/policies/privacy-policy), [Refund & Return Policy](/policies/refund-policy), [Shipping Policy](/policies/shipping-policy), [SMS Terms](/policies/sms-terms), and [Health & FDA Disclaimer](/pages/health-disclaimer), each of which is incorporated by reference.** If you do not agree, do not use the Services.
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## 1. Eligibility
You must be at least eighteen (18) years old and capable of forming a legally binding contract under applicable law to use the Services or purchase a Product. By using the Services, you represent and warrant that:
- You are at least 18 years old.
- You are not located in, or a resident or national of, any country or region subject to U.S. trade sanctions or embargo.
- You are not listed on any U.S. government list of prohibited or restricted parties.
- The information you provide to us is true, accurate, current, and complete.
- You will use the Services only for lawful purposes and in accordance with these Terms.
We may refuse service, terminate accounts, cancel orders, or limit quantities at our sole discretion.
## 2. Dietary supplement — important health notice
Our Products are **dietary supplements**, not drugs. They are not intended to diagnose, treat, cure, or prevent any disease. Statements regarding the Products have not been evaluated by the U.S. Food and Drug Administration. See our [Health & FDA Disclaimer](/pages/health-disclaimer) for the complete disclaimer, contraindications, allergen disclosures, and adverse event reporting information. **Consult your physician before using any Product, particularly if you are pregnant, nursing, taking medication (including but not limited to anticoagulants, antiplatelets, or thyroid medication), have a medical condition (including thyroid disorders, autoimmune conditions, or allergies to plants in the *Asteraceae* family, soy, or pineapple), or are under the age of 18.**
You assume full responsibility for evaluating whether the Products are appropriate for you and for following the labeled directions and any guidance from your healthcare provider.
## 3. Account registration
You may browse parts of the Site without an account, but certain features (order history, subscription management, saved addresses) require registration. You agree to:
- Provide accurate, current, and complete information at registration and to keep it updated.
- Maintain the confidentiality of your login credentials.
- Be solely responsible for all activity that occurs under your account.
- Notify us immediately of any unauthorized access at contact@getdraen.com.
We may suspend or terminate your account at any time for any reason, including violation of these Terms, suspected fraud, abusive returns or chargeback patterns, or harassment of our staff.
## 4. Orders, pricing, and payment
### 4.1 Orders
All orders placed on the Site are **offers to purchase**, subject to our acceptance. We may accept, decline, or limit any order in our sole discretion, including after sending an order confirmation. Reasons we may decline include, without limitation: pricing errors, product unavailability, suspected fraud, payment declined, shipping restrictions, or violation of these Terms.
Order confirmation emails are confirmation that we have received your order — they are not acceptance. Acceptance occurs when we ship the Product.
### 4.2 Pricing and errors
Prices are listed in **U.S. dollars (USD)** and do not include applicable sales tax, which is calculated and added at checkout based on your shipping address. We may change prices, promotions, and product availability at any time without notice. Despite our efforts, the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to cancel orders placed based on incorrect information, even after you have received an order confirmation and your payment method has been charged. If we cancel an order in this manner, we will issue a full refund to your original payment method.
### 4.3 Payment
We accept the payment methods displayed at checkout, processed by Shopify Payments (Stripe). By submitting payment information, you represent and warrant that you are authorized to use the payment method and authorize us (or our processor) to charge the full amount of your order, including taxes and shipping. Failed payments may result in order cancellation.
### 4.4 Promotions and discount codes
Promotional codes and discounts are subject to the specific terms displayed at the time of the offer. Unless stated otherwise: codes are single-use per customer, cannot be combined, are not transferable, have no cash value, and may be withdrawn or modified at any time. Any reference price displayed (e.g., a strikethrough "regular price") reflects a price genuinely offered by us in the relevant prior period.
### 4.5 Sales tax
We collect sales tax in jurisdictions where we have an obligation to do so. The applicable rate is determined by your shipping address at checkout.
## 5. Shipping and delivery
Shipping is governed by our [Shipping Policy](/policies/shipping-policy), incorporated by reference. **Title and risk of loss pass to you upon our delivery of the Product to the carrier** at our shipping facility. Carrier delays and acts beyond our control (weather, customs, civil unrest) are not our responsibility, though we will assist in good faith with any claim.
In compliance with the FTC Mail, Internet, or Telephone Order Merchandise Rule, where we cannot ship within the timeframe stated or, if no time was stated, within 30 days of receiving your order, we will notify you, offer a revised shipping date, and give you the option to cancel for a full refund.
## 6. Refunds, returns, and our 30-day money-back guarantee
Our money-back guarantee, refund process, and return conditions are governed by our [Refund & Return Policy](/policies/refund-policy), incorporated by reference.
## 7. Subscriptions and recurring billing *(if applicable)*
Where we offer subscriptions ("Subscribe & Save" or similar), you authorize us (or our processor) to charge your payment method on a recurring basis until cancelled. You may cancel at any time before the next billing cycle through your account dashboard or by emailing contact@getdraen.com. Cancellation is effective for future billing cycles only; we do not pro-rate the current cycle. We will send a pre-billing reminder before each renewal where required by the FTC Negative Option Rule and applicable state law (including California's Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq., and similar laws in NY, OR, VT, etc.). Pricing for renewals may change with at least thirty (30) days' notice.
## 8. Reviews, testimonials, and user-generated content
### 8.1 Authenticity
We comply with the FTC Endorsement Guides (16 C.F.R. Part 255) and the FTC Rule on the Use of Consumer Reviews and Testimonials. We do **not** publish fake reviews, suppress negative reviews of comparable weight, pay for positive reviews without disclosure, or attribute reviews to non-existent persons. Testimonials reflect the experience of real customers; **individual results vary** and are not guaranteed.
### 8.2 Your submissions
If you submit content to the Services (reviews, photos, videos, testimonials, social posts tagged to us — collectively, "**User Content**"), you grant us a **perpetual, worldwide, non-exclusive, royalty-free, sublicensable, transferable license** to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and create derivative works of your User Content in any media now known or later developed, for any business purpose, including marketing and advertising. You waive any moral rights to the extent permitted by law.
You represent and warrant that: (a) you own or control all rights to your User Content; (b) it is accurate and not misleading; (c) it does not violate any third-party rights, including intellectual property, privacy, or publicity rights; (d) it complies with our [Acceptable Use Policy](/pages/acceptable-use) and applicable law; and (e) where required by the FTC Endorsement Guides, you have disclosed any material connection to us (free product, compensation, employment).
We may, but are not obligated to, monitor, edit, or remove User Content at our discretion.
## 9. Intellectual property
### 9.1 Our IP
All content on the Services — including the Draen name, logos, trade dress, wordmark, taglines, product names, formulations, packaging, photographs, illustrations, videos, audio, text, graphics, software, code, and the selection and arrangement thereof — is owned by DRAEN LLC or our licensors and is protected by U.S. and international intellectual property laws.
We grant you a **limited, revocable, non-exclusive, non-transferable, non-sublicensable** license to access and use the Services for personal, non-commercial purposes in accordance with these Terms. **All rights not expressly granted are reserved.**
### 9.2 Prohibited uses
Without our prior written authorization, you may not:
- Reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, or transmit any content from the Services.
- Use the Services for any commercial purpose, including resale, scraping, data mining, or training machine-learning models.
- Use our trademarks, trade dress, or brand identity, including in keyword bidding, domain names, social handles, or product packaging.
- Frame, mirror, or deep-link any portion of the Services without written consent.
- Reverse engineer, decompile, or attempt to extract the source code of any software underlying the Services.
### 9.3 Feedback
If you send us suggestions, ideas, or feedback, you agree we may use them for any purpose without compensation or attribution.
## 10. Acceptable use
Your use of the Services must comply with our [Acceptable Use Policy](/pages/acceptable-use), incorporated by reference. Without limiting that policy, you agree not to: (a) violate any law or regulation; (b) infringe any third-party right; (c) transmit malware or other harmful code; (d) interfere with the operation of the Services; (e) circumvent any access controls; (f) impersonate any person or entity; (g) collect personal information about other users; (h) use the Services to send unsolicited communications.
## 11. Third-party services
The Services integrate with or link to third-party services (e.g., Shopify, Shopify Payments and Stripe, Meta Pixel, shipping carriers, and social media platforms). Those services have their own terms and privacy policies, which govern your use. We are not responsible for third-party content, services, or practices.
## 12. DMCA — copyright complaints
If you believe content on the Services infringes your copyright, see our [DMCA Policy](/pages/dmca) for the procedure to submit a notification under 17 U.S.C. § 512(c).
## 13. Disclaimer of warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICES AND THE PRODUCTS ARE PROVIDED "**AS IS**" AND "**AS AVAILABLE**," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. **DRAEN LLC DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT**, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES; THAT DEFECTS WILL BE CORRECTED; OR THAT CONTENT WILL BE ACCURATE OR RELIABLE.
WE DO NOT WARRANT THAT THE PRODUCTS WILL PRODUCE ANY PARTICULAR RESULT, BENEFIT, OR OUTCOME. INDIVIDUAL RESULTS VARY. STATEMENTS REGARDING THE PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, the excluded warranties apply only to the maximum extent permitted by law.
## 14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
**DRAEN LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES**, including loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to your use of (or inability to use) the Services or the Products, **even if we have been advised of the possibility of such damages** and regardless of the theory of liability (contract, tort, strict liability, statute, or otherwise).
**OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).**
The parties acknowledge that this allocation of risk is reflected in the price of the Products and an essential basis of the bargain. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In that case, our liability is limited to the maximum extent permitted by law.
**Nothing in these Terms limits liability that cannot be limited by law**, including liability for fraud, gross negligence, willful misconduct, or personal injury caused by our negligence.
## 15. Indemnification
You agree to indemnify, defend, and hold harmless DRAEN LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services or Products; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; or (e) your negligence or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully.
## 16. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination: (a) your right to use the Services ceases; (b) Sections that by their nature should survive (including 2, 6, 8.2, 9, 13–22) will survive; (c) we may delete your account and data, subject to our retention obligations under the [Privacy Policy](/policies/privacy-policy).
## 17. Modifications to the Terms or Services
We may modify these Terms at any time. The most current version will always be posted on the Site with the "Last updated" date. **Material changes will be communicated by email** (if you have an account or have provided an email address) or by a prominent notice on the Site at least **seven (7) days** before the changes take effect, except where immediate changes are required by law or to address a security risk. Your continued use of the Services after the effective date constitutes acceptance.
If you do not agree to the modified Terms, you must stop using the Services.
We may also modify, suspend, or discontinue any aspect of the Services at any time, without liability.
## 18. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the **State of New Mexico**, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 19 (Arbitration), any dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in **Albuquerque, New Mexico**, and you consent to the personal jurisdiction of those courts.
## 19. Binding arbitration and class action waiver
**PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE WAY YOU CAN SEEK RELIEF.**
### 19.1 Agreement to arbitrate
You and DRAEN LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Products, or our relationship (each, a "**Dispute**") will be resolved by **final and binding arbitration**, except as provided in Section 19.6.
### 19.2 Informal resolution first
Before filing arbitration, you agree to first contact us at contact@getdraen.com with a written description of the Dispute and your contact information. We will attempt to resolve it informally within sixty (60) days. If unresolved, either party may initiate arbitration.
### 19.3 Arbitration rules
Arbitration will be administered by the **American Arbitration Association (AAA)** under its Consumer Arbitration Rules then in effect, as modified by these Terms. Information is available at www.adr.org. The arbitrator will have exclusive authority to resolve all threshold issues, including arbitrability, scope, and enforceability of this Section 19, **except** that a court has exclusive authority to decide enforceability of the class action waiver in Section 19.5.
### 19.4 Procedure
The arbitration will be conducted in **Albuquerque, New Mexico**, or, at your election, by telephone, video, or written submissions only. The arbitrator's decision will be final and binding. Judgment may be entered in any court of competent jurisdiction. The arbitrator may award the same damages and relief that a court could, subject to Sections 13–14.
We will pay the AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator determines the claim is frivolous. Each party otherwise bears its own attorneys' fees and costs, except as otherwise required by law or these Terms.
### 19.5 Class action and jury trial waiver
**YOU AND DRAEN LLC AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND DRAEN LLC WAIVE ANY RIGHT TO TRIAL BY JURY.** If this class waiver is found unenforceable as to a particular claim or remedy, that claim or remedy must be litigated in court rather than arbitrated.
### 19.6 Exceptions
The following are not subject to arbitration: (a) individual claims in small-claims court, so long as the action remains in that court and on an individual basis; (b) actions to enforce or protect intellectual property rights through injunctive or equitable relief; and (c) any claim that cannot be subject to arbitration as a matter of law.
### 19.7 Opt-out
You may opt out of this arbitration agreement within **thirty (30) days** of first accepting these Terms by sending written notice to contact@getdraen.com with: your name, the email associated with your account, a clear statement that you wish to opt out of arbitration, and your signature. Opting out has no effect on any other section of these Terms.
### 19.8 Severability of arbitration provisions
If any portion of Section 19 (other than Section 19.5) is found unenforceable, that portion will be severed and the remainder will continue to apply.
### 19.9 Survival
This Section 19 survives termination of these Terms.
## 20. Apple App Store and Google Play *(if applicable)*
If you access the Services through an Apple iOS or Google Android application, the following also applies: (a) these Terms are between you and us, not Apple or Google; (b) Apple/Google have no obligation to provide maintenance or support; (c) in the event of any failure to conform to applicable warranty, you may notify Apple/Google for refund of the price paid (and to the maximum extent permitted by law, they will have no other warranty obligation); (d) Apple/Google are third-party beneficiaries of these Terms entitled to enforce them against you; (e) you represent you are not located in an embargoed country and not on a U.S. government list of prohibited or restricted parties.
## 21. Notices
- **Notices to you** may be sent to the email address associated with your account or posted on the Site.
- **Notices to us** must be sent in writing to contact@getdraen.com and to DRAEN LLC United States, Attn: Legal.
## 22. Miscellaneous
- **Entire agreement.** These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Services and supersede any prior agreements.
- **Severability.** If any provision is found unenforceable, the remainder will continue in full force.
- **No waiver.** Our failure to enforce any provision is not a waiver of our right to do so later.
- **Assignment.** You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- **No third-party beneficiaries**, except as expressly stated.
- **Force majeure.** We are not liable for delays or failure due to events beyond our reasonable control (acts of God, war, terrorism, pandemic, civil disturbance, labor dispute, governmental action, internet outage, carrier failure).
- **Headings** are for convenience only and do not affect interpretation.
- **Construction.** The word "including" means "including without limitation." The singular includes the plural and vice versa.
## 23. Contact
DRAEN LLC d/b/a Draen
United States
Customer support: contact@getdraen.com
Legal notices: contact@getdraen.com
