Terms of service

1. PARTIES; SCOPE; ACCEPTANCE
   1. Parties. These Terms are an agreement between you (“you” or “Customer”) and Melon Labs Corporation, a Wyoming corporation (“Melons Labs,” “Sleep Melons,” “we,” “us,” or “our”) that provides the Services to you. We operate Sleep Melons and other affiliated products. The specific “Selling Entity” for purchases will be identified at checkout, on your order confirmation, or on the invoice.
   2. Scope. These Terms govern your access to and use of our websites and online services, including melonslabs.com and sleepmelons.com (collectively, the “Sites”), and any purchases or subscriptions made through the Sites (collectively, the “Services”).
   3. Acceptance. By accessing or using the Services, creating an account, opting in to marketing, or placing an order, you agree to these Terms and any additional terms we present for specific features, promotions, contests, SMS programs, or products (“Additional Terms”). If Additional Terms conflict with these Terms, the Additional Terms control for that feature/product.
   4. Eligibility. You must be at least 18 years old (or the age of majority where you live) to use the Services and to purchase products.
   5. Changes. We may update these Terms from time to time. We will post the updated Terms and update the “Last Updated” date. If changes are material, we will provide notice as required by law. Your continued use after the effective date means you accept the updated Terms.

1. PRIVACY; COOKIES; CONSUMER DATA RIGHTS
   1. Privacy Notice controls. Our collection, use, disclosure, and other processing of personal information is described in our Privacy Notice (“Privacy Notice”), which is incorporated by reference. If there is a conflict between these Terms and the Privacy Notice regarding personal information, the Privacy Notice controls.
   2. What we collect (high-level). Depending on how you use the Services, we may collect:
      1.  Information you provide: name, email, phone number, shipping/billing address, account credentials, customer support communications, product reviews, and any information you choose to provide in surveys or quizzes.
      2.  Transaction information: products purchased, subscription preferences, payment confirmation (payment card numbers are processed by our payment processors), refunds, and chargebacks.
      3.  Automatically collected information: IP address, device identifiers, cookie/SDK data, and browsing/usage data.
      4.  Information from service providers: payment status, fraud signals, shipping and delivery confirmation, and marketing platform data.
   3. How we use and share (high-level). We use personal information to provide and secure the Services, fulfill orders, manage subscriptions, provide support, send transactional messages, personalize content, conduct analytics, comply with law, and (where permitted and with appropriate choices) market to you. We share personal information with service providers who help us operate the business (for example, payment, shipping, customer support, analytics, and marketing vendors) and with authorities when required by law. We may also share information in connection with a corporate transaction (such as a merger, financing, reorganization, or sale of assets), subject to applicable law.
   4. Cookies and targeted advertising. We and our partners may use cookies and similar technologies for site functionality, analytics, and advertising. Where required by law, we provide choices for non-essential cookies. Depending on your state, you may be able to opt out of targeted advertising and certain “sales” or “sharing” of personal information (see 2.5–2.7).
   5. Your U.S. state privacy rights. Depending on your state of residence and applicable law, you may have the right to:
      1.  know/access the personal information we maintain about you;
      2.  correct inaccuracies;
      3.  delete certain personal information;
      4.  obtain a portable copy of certain information;
      5.  opt out of targeted advertising, certain profiling, and certain “sales” or “sharing” of personal information;
      6.  limit the use and disclosure of certain sensitive personal information (where applicable);
      7.  appeal a decision we make regarding a rights request (where applicable); and
      8.  not be discriminated against for exercising your privacy rights.

      We provide these rights as required by applicable U.S. state privacy laws, including (as applicable) the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA) and other state comprehensive privacy laws. 

   6. How to exercise privacy rights. Submit a request using the methods listed in our Privacy Notice. We will verify your request as required by law. You may use an authorized agent where permitted by law; we may require proof of authorization and verification of your identity.
   7. California “Do Not Sell or Share.” If we engage in activity that constitutes “selling” or “sharing” of personal information under California law, we will provide a “Do Not Sell or Share My Personal Information” mechanism as required and honor Global Privacy Control signals where required.
   8. Nevada “Do Not Sell.” Nevada residents may request to opt out of certain “sales” of covered information under Nevada law using the designated request address in our Privacy Notice.
   9. Consumer health data (certain states). Some state laws (for example Washington’s My Health My Data Act) regulate “consumer health data,” which can include information about sleep, wellness, or health conditions when linked to an individual. If we collect or use consumer health data as defined by applicable law, we will provide any required consumer health data notice/policy and obtain consent/authorization where required.
   10. Children. The Services are not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will delete it. If you believe a child has provided us information, contact us.

1. HEALTH & PRODUCT DISCLAIMERS (SUPPLEMENTS)
   1. No medical advice. The Services provide general information for educational purposes only and are not medical advice. We are not a healthcare provider. No physician–patient relationship is created.
   2. Emergency. Do not use the Services for medical emergencies. Call 911 (or your local emergency number).
   3. Dietary supplement disclaimer. All supplement products are manufactured at NSF-certified facilities that follow Food and Drug Administration (FDA) required current Good Manufacturing Practices (cGMP).  None of our products or our terms have been reviewed by the FDA. Our products are not intended to diagnose, treat, cure or prevent any disease. Outcomes cited are not guaranteed—results may vary.
   4. Consult your provider. Talk with a qualified healthcare professional before using any supplement, especially if you are pregnant, nursing, have a medical condition, or take medications.
   5. Liability. Your reliance upon information and content obtained by you through use of our Sites or product information offered is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction related to your use of our Sites or our products.

1. ACCOUNTS; COMMUNICATIONS; SMS & EMAIL
   1. Accounts. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activities that occur under your account. Notify us promptly of any unauthorized use.
   2. Email. By purchasing a product from us, you are volunteering your email to us and consenting to the emails we send you. You may opt out of marketing emails at any time using the unsubscribe link in our emails. Transactional emails (e.g., receipts, shipping notices) may still be sent.
   3. SMS/Text Messages. If you opt in to receive text messages, you consent to receive recurring marketing and/or transactional texts from us (and our service providers) at the number you provided, including via automated technology. Consent is not required to purchase. Message & data rates may apply. Message frequency varies. You can opt out at any time by replying STOP; for help, reply HELP or contact us. Additional SMS terms may apply at opt-in and are incorporated by reference.

1. INTELLECTUAL PROPERTY; LIMITED LICENSE; ACCEPTABLE USE
   1. IP Ownership. All intellectual property, including Sites, supplement formulas, and all content, features, and functionality (including text, graphics, logos, audio, video, and software), used by the Corporation is owned by another entity and not by the Corporation. No ownership rights are transferred by these Terms. All IP are protected by intellectual property laws.
   2. Limited license. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable sublicense to access and use the Services for your personal, non-commercial use.
   3. Acceptable use. You agree not to:
      1. use the Services in violation of any law;
      2. copy, modify, distribute, sell, lease, or create derivative works from the Services or content;
      3. reverse engineer, decompile, or attempt to extract source code;
      4. scrape, harvest, or collect personal information from the Services;
      5. interfere with the Services’ security or operation; or
      6.  upload malware, spam, or abusive content; or
      7. reverse engineer any of the supplement formulas we offer.

1. USER CONTENT; REVIEWS
   1. Your content. If you submit reviews, comments, images, or other content (“User Content”), you represent you have the rights to do so and that it does not infringe third-party rights or violate law.
   2. License. You grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify (for formatting), publish, and display User Content for the purposes of operating, improving, and marketing the Services and our products, subject to applicable law and the Privacy Notice.
   3. Removal. We may remove User Content for any reason, including if we believe it violates these Terms or law.

1. ORDERS; PRICING; TAXES; PAYMENT
   1. Assignment of Receivables. The Company may assign or transfer these Terms, in whole or in part, including any rights to payment or receivables, without restriction or consent. The Customer may not assign these Terms without the Company’s prior written consent. Any purported assignment in violation of this section shall be void.
   2. Orders. Your order is an offer to buy. We may accept or reject orders in our discretion, including for suspected fraud.
   3. Pricing. Prices are shown in U.S. dollars unless otherwise stated and may change. Taxes and shipping are added at checkout where applicable. If a pricing error occurs, we may cancel the order and refund you.
   4. Payment. By providing a payment method, you represent you are authorized to use it and you authorize us (and our payment processors) to charge it for your order. Payment processing is subject to the processor’s terms and privacy policy.
   5. Customer Support. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive any sections within the Terms of Use or applicable Additional Terms. We do our best to ensure that the information on our Sites are accurate and helpful at all times. However, we cannot ultimately promise the accuracy of any information and cannot be held responsible for any use or reliance you may make of it or put on it except as specifically agreed with us in in writing.
   6. Internal Cancellation. We maintain the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to rejection or cancellation, we will reissue credit to your account or credit card.

1. SHIPPING; TITLE; RISK OF LOSS
   1. Shipping estimates. Delivery dates are estimates.
   2. Title and risk of loss. Unless otherwise required by applicable law, title and risk of loss pass to you when the carrier accepts the shipment from us.
   3. Costs. You agree to pay any shipping and handling charges, including on subscription plans.

1. RETURNS; REFUNDS; RESALE; DAMAGED ITEMS
   1. Return Policy. Proof of purchase is required. The terms below apply to both subscription and one-time purchases: First-time buyers of a product are extended a 30-day guarantee (if not satisfied with product, a return for refund can be facilitated). To qualify, refund request must be within 30 days of purchase. Refund can only apply to one unit (one item) purchased and one unit per first-time customer. This policy only applies to first-time customer and their purchases - once you have purchased one item, this policy does not apply to future items purchased. Due to virtual private network (VPN) use, you give Company the right to determine if you are truly a new customer or not (or if you are hiding your identify and already have returned a product in the past) - by purchasing, you give Company sole authority to determine this and decide if a refund will be offered to you, even if Company’s analysis about your identity is incorrect. For a return to be facilitated, you must provide at least three sentences explaining what you felt while using the product and why it didn’t work. In regard to subscriptions, refunds apply to first order only. Again, refunds/returns apply to first-time buyers only. Returns on all other times (or other scenarios) are not accepted. In the event that our team allows a return, item must be unopened and purchased within the last 30 days - a restocking fee of 20% will be charged. Prior authorization by our team is required for any return. Purchaser is responsible for return shipping and applicable fees. All bar codes on product must be intact. Products with labels that have been altered in any way are non-returnable.
   2. Damages and discrepancies. Report damaged items or order discrepancies within 72 hours of delivery (or as otherwise required by law) and keep packaging for photos/inspection.
   3. State law rights. Some states provide additional consumer rights regarding refunds, implied warranties, or cancellation; nothing in these Terms limits those non-waivable rights.
   4. Resale. You are not permitted to resell or otherwise use the Products for commercial purposes.

1. SUBSCRIPTIONS; AUTO-RENEWAL; NEGATIVE OPTION DISCLOSURES
   1. Subscription enrollment. If you enroll in an auto-renewing subscription, we will clearly disclose the material terms before you complete your purchase, including: (a) automatic renewal unless canceled; (b) renewal cadence; (c) amount or how it will be calculated. All subscriptions are facilitated using the Shopify platform. Cancellation can be done at any time via your Shopify account. We obtain your express informed consent before charging you for a subscription or renewal.
   2. Easy cancellation. You can cancel a subscription at any time through your account portal on the Sites or by contacting customer support. We will provide a cancellation method that is simple and at least as easy to use as sign-up, as required by law – however, you are solely responsible for confirming that your subscription has been cancelled
   3. Changes. We may change subscription prices, discounts, shipping fees or benefits for future renewals with notice as required by law. Changes do not affect already-shipped orders.
   4. Refunds for subscriptions. Unless otherwise required by law, subscription renewals are non-refundable once processed, except as stated in our Return Policy or where we make an error.

1.  PROMOTIONS

Sweepstakes, contests, or promotions may be governed by separate official rules and Additional Terms. 

1.  THIRD-PARTY SERVICES

We may link to or integrate third-party services (such as payment processors, shipping carriers, analytics providers, or social media). We do not control those services and are not responsible for their terms or practices. Review their policies before using them. 

1.  COPYRIGHT COMPLAINTS (DMCA) 

If you believe content on the Services infringes your copyright, send a DMCA notice to: 

Melon Labs Corporation – Legal
1607 Capitol Ave, Suite 422, Cheyenne, WY 82001
Email: goodnight@sleepmelons.com

Your notice must include the information required by 17 U.S.C. §512. 

1.  DISCLAIMERS
   1. “As is.” To the maximum extent permitted by law, the Services and all content are provided “as is” and “as available.”
   2. No warranties. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are prohibited.
   3. No effect on mandatory rights. Nothing in these Terms limits non-waivable rights or remedies you may have under applicable law.

1. DISCLAIMERS LIMITATION OF LIABLITY

To the maximum extent permitted by law: (a) we will not be liable for indirect, incidental, special, consequential, or punitive damages; and (b) our total liability for any claim arising out of or related to the Services or products will not exceed the amount you paid for the product(s) giving rise to the claim. Some states do not allow certain limitations, so these limits may not apply to you. 

1.  INDEMENIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, agents, and service providers from claims arising from your violation of these Terms, your misuse of the Services, or your User Content. 

1.  DISCLAIMERS LIMITATION OF LIABLITY TERMINATION

We may suspend or terminate your access to the Services if you violate these Terms or if required to protect the Services, users, or our rights. You may stop using the Services at any time. Sections that by their nature should survive termination (including privacy, IP, disclaimers, limitation of liability, and dispute resolution) will survive. 

1. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
   1. Informal resolution. Before starting arbitration, you agree to contact us and provide a brief description of the dispute and the relief you seek. We will try to resolve disputes informally.
   2. Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or products (a “Dispute”) will be resolved by binding individual arbitration administered by JAMS under its Consumer Arbitration Rules and Minimum Standards located in Cheyenne, Wyoming, and not in court.
   3. Fees and costs. For consumer arbitrations, you will pay at most the JAMS consumer filing fee (currently $250). We will pay all other JAMS filing and case management fees and the arbitrator’s fees, as required by JAMS Minimum Standards and applicable law.
   4. Location and procedure. Arbitration will take place in Cheyenne, Wyoming unless JAMS rules provide otherwise. In the event that arbitration is required to take place in your state, you give Company the right to select the venue.
   5. Jury Trial and Class action waiver. To the fullest extent permitted by law, you and we each waive any right to a trial by jury and agree that any dispute will be resolved only on an individual basis. You and we waive any right to participate in a class, collective, representative, or private attorney general action against the other.
   6. Exceptions. Either party may bring: (a) an individual claim in small claims court (if eligible); (b) an action to stop unauthorized use or infringement of intellectual property; and (c) if required by applicable law, a request for public injunctive relief in court (for example, where such relief cannot be waived in arbitration).
   7. Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing goodnight@sleepmelons.com with your name, email, and a statement that you wish to opt out. Opt out is only confirmed once our team replies back to your email confirming opt out. It is your responsibility to make sure that opt out emails are confirmed and not in spam, etc.
   8. FAA. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

1. GOVERNING LAW

Except where prohibited, these Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. Where arbitration does not apply, you and we agree to exclusive jurisdiction and venue located in Cheyenne, Wyoming. 

1. SEVERABILITY; ENTIRE AGREEMENT; ASSIGNMENT

If any provision is held invalid, the rest remains in effect. These Terms and incorporated policies are the entire agreement between you and us about the Services. You may not assign your rights without our consent; we may assign to an affiliate or in connection with a merger, sale, or reorganization. 

1. CONTACT US

Customer Support: goodnight@sleepmelons.com
Legal:  goodnight@sleepmelons.com Mail: 1607 Capitol Ave, Suite 422, Cheyenne, WY 82001