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Terms of service

Effective date: September 2, 2026 | Last updated: September 10, 2026 | Version: 1.1

1. Introduction and Agreement

These Terms of Use and Sale ("Terms") are a legal agreement between you and Ariva Pharma, LLC, a California limited liability company and the owner and operator of the HYLOR brand ("HYLOR," "we," "us," or "our").

These Terms govern your access to and use of drinkhylor.myshopify.com, drinkhylor.com, and any other HYLOR website, page, or online service that links to these Terms (collectively, the "Site"). They also govern purchases made directly from HYLOR through the Site when products are offered for sale. HYLOR-branded beverages, merchandise, and other items offered through the Site are called "Products."

Some sections apply only if HYLOR offers the corresponding feature. Purchase terms apply only when Products are offered for sale through the Site and you submit an order. Preorder terms apply only if HYLOR expressly offers a preorder. Subscription terms apply only if you affirmatively enroll in a subscription. User Content terms apply only if the Site lets you submit content.

When the Site conspicuously tells you that selecting a button, checking a box, or taking another specified action constitutes agreement to these Terms, you agree by taking that action. If you do not agree, do not take that action or use the feature requiring agreement. HYLOR does not rely solely on passive browsing to establish your agreement to transaction-specific, subscription, preorder, or other material terms.

Additional terms may be presented for a particular order, preorder, subscription, promotion, program, or service. Those terms become part of your agreement only when they are conspicuously presented and you accept them.

2. Eligibility and Age

The Site is intended for a general audience in the United States and is not directed to children under 13. A child under 13 may not create an account, join a HYLOR list, submit content, place an order, or otherwise provide personal information through the Site. If we learn that personal information was collected from a child under 13 without legally sufficient parental consent, we will address it as required by law.

You must be at least 18 years old and have legal capacity to create an account, join a HYLOR list, submit reviews or other User Content, place an order, submit a preorder, enroll in a subscription, or otherwise enter a binding transaction. If applicable law requires a higher age, that requirement applies.

An adult may place an order in the adult's own name for the adult's household. Nothing on the Site is a recommendation that a Product is appropriate for a particular child. Nothing in these Terms limits a minor's right to disaffirm an agreement where applicable law provides that right.

3. Changes to These Terms

We may revise these Terms prospectively to reflect changes to the Site, our offerings, our business practices, or applicable law. The Effective Date and Version above identify the current version.

Revised Terms apply to transactions entered into on or after the revised Terms become effective. Posting revised Terms does not retroactively change an accepted order, preorder, existing contractual commitment, accrued claim, or dispute that arose under an earlier version.

If a material change affects an existing account, subscription, preorder, or other ongoing arrangement, we will provide appropriate advance notice and obtain renewed agreement when required by law or reasonably appropriate in light of the change. We will not treat continued use alone as acceptance of a material change when affirmative consent is required.

4. Website Access and Acceptable Use

Subject to these Terms, HYLOR grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Site for lawful personal and household purposes.

You may not use the Site to:

  • violate law or another person's rights;

  • provide materially false or misleading information;

  • impersonate another person or misrepresent your affiliation;

  • access accounts, data, or systems without authorization;

  • interfere with the Site's security, availability, or operation;

  • introduce malware or harmful code;

  • harvest personal information or send spam;

  • conduct abusive automated scraping or place an unreasonable load on the Site;

  • circumvent purchase, geographic, account, or promotion limits;

  • manipulate promotions, ratings, or reviews;

  • engage in fraud, harassment, threats, discrimination, or other unlawful conduct; or

  • help another person do any of the above.

These restrictions do not prohibit lawful fair use, criticism, commentary, comparative advertising, accessibility or security research authorized by law, honest consumer reviews, or any activity that cannot lawfully be restricted.

We may reasonably investigate suspected misuse and preserve or disclose information when needed to protect consumers, enforce these Terms, maintain security, or comply with law, consistent with the HYLOR Privacy Policy.

5. Accounts and Account Security

If HYLOR offers accounts, you must provide accurate, current, and complete information and keep it updated. You may not create an account for another person without authorization.

You are responsible for reasonably safeguarding your login credentials and for activity under your account that you authorize. Notify us promptly at hello@drinkhylor.com if you believe an account or credential has been accessed without authorization.

We may suspend or restrict an account when reasonably necessary to investigate fraud, protect security, prevent harm, comply with law, or address a material violation of these Terms. When feasible, we will provide notice and an opportunity to address the issue. Suspending an account does not eliminate HYLOR's obligations concerning accepted orders, refunds, subscription cancellation, safety communications, or rights that cannot be waived.

6. Product Information

HYLOR works to present Product descriptions, ingredients, nutrition information, images, colors, dimensions, pack sizes, and availability accurately. Screens, lighting, photography, packaging updates, and ordinary production variation may affect appearance. Product information may change prospectively as formulations, packaging, suppliers, or legal requirements evolve.

The Product listing and disclosures presented when you place an order apply to that transaction. We will not knowingly substitute a materially different formulation, allergen profile, pack size, or other material Product characteristic without notice and any agreement required by law.

Product images may show serving suggestions, props, or different packaging unless otherwise stated. Images do not promise that every pictured item is included. Availability information is not a guarantee that inventory will remain available until an order is accepted.

If a Product delivered to you materially differs from the ingredient, allergen, nutrition, quantity, or other material information presented when you ordered, do not consume it. Contact us for instructions and an appropriate remedy.

7. Nutrition, Allergens, and Health Information

HYLOR's CREAMY PROTEIN SODA Products contain milk. Other Products, if offered, may contain different ingredients or allergens.

Always read the ingredient statement, allergen statement, Nutrition Facts, best-by information, storage directions, and use instructions on the specific package before consuming the Product, including after a repeat purchase. The package provides current information for the Product in that package, but it does not excuse a material mismatch with the information presented when you ordered. If online information and the package appear materially inconsistent, do not consume the Product until you have contacted HYLOR.

The Site provides general educational and Product information. It is not medical advice, diagnosis, or treatment. HYLOR Products are conventional foods or beverages and are not represented as drugs or substitutes for professional medical care. Ask a qualified healthcare professional about individual allergies, dietary restrictions, medical conditions, medications, pregnancy, nursing, or other health needs.

Nothing in these Terms excuses inaccurate labeling, unsafe Products, unlawful advertising, or unsupported health-related claims, and nothing limits HYLOR's food-safety responsibilities or a consumer right that cannot lawfully be waived.

8. Storage, Handling, Product Safety, and Recalls

Follow the storage, handling, opening, and use instructions on the Product package and in any safety notice supplied with an order.

Do not taste or consume a Product if its container is leaking, punctured, swollen or bulging, badly damaged at a seam, open, visibly contaminated, or apparently tampered with. Keep a potentially unsafe Product and its packaging only if it is safe to do so, and contact HYLOR promptly for instructions. Do not transport or mail a leaking or potentially unsafe Product.

HYLOR may suspend sales or fulfillment, cancel and refund an order, and contact purchasers when reasonably necessary for a recall, market withdrawal, correction, or safety notice. If we send a safety notice, stop using the affected Product and follow the instructions provided.

If urgent medical attention is needed, call 911 or seek appropriate medical care first. Reports of possible illness, injury, allergic reaction, contamination, tampering, or recall are handled separately from ordinary satisfaction or delivery-issue claims and are not limited by an ordinary guarantee claim window.

9. Prelaunch Features, Waitlists, and Early Access

HYLOR may offer informational pages, email lists, waitlists, early-access registration, founder programs, sampling opportunities, invitations, reservation requests, or similar prelaunch features.

Unless an offer expressly states otherwise, joining or participating in one of these features:

  • is not a purchase or preorder;

  • does not reserve inventory or require a deposit;

  • does not guarantee an invitation, sample, Product, price, release date, purchase opportunity, or geographic availability; and

  • does not create an ownership, equity, governance, investment, or other financial interest in HYLOR.

Any fee, shipping charge, eligibility condition, benefit, purchase obligation, deposit, or other material term will be disclosed before you enroll, participate, or pay. HYLOR will not characterize a free list signup as a paid reservation or convert it into a charge without your affirmative agreement.

Inventory or invitations may be limited. HYLOR may use fair and disclosed eligibility, timing, quantity, territory, fraud-prevention, or allocation criteria. HYLOR may change or discontinue a prelaunch program prospectively, subject to any accepted offer-specific commitment and applicable law.

Consent to marketing emails or texts is handled separately. Joining a waitlist is not consent to receive marketing texts unless you separately provide the consent described at enrollment. Marketing-text consent is not a condition of purchase.

10. Preorders, If Offered

This section applies only if HYLOR expressly offers a preorder, paid reservation, or deposit-based opportunity.

A waitlist, request for information, or free reservation request is not a preorder unless the offer clearly identifies it as one and explains whether payment information, a charge, or a deposit is involved.

Before you submit a preorder, the offer or checkout page will clearly disclose:

  • the Product and quantity;

  • the total price or deposit amount;

  • whether and when your payment method will be authorized or charged;

  • whether a deposit is refundable or nonrefundable and any lawful conditions;

  • the estimated shipment or availability window;

  • material contingencies or allocation limits;

  • how to request cancellation; and

  • the applicable refund process.

An estimated launch, production, or shipment date is an estimate rather than a guarantee unless the offer expressly says otherwise. HYLOR will have a reasonable basis for any estimate when it is stated.

If fulfillment will be delayed, we will provide any notice and cost-free opportunity to consent to the delay or cancel for a full and prompt refund required by law. We may instead cancel the affected preorder and issue a full and prompt refund. We will not hold a preorder payment indefinitely without providing the choices required by law.

If production is canceled, inventory is insufficient, or a material Product characteristic changes before fulfillment, HYLOR may allocate available inventory using fair criteria, request your agreement to a material change, or cancel and refund the affected preorder. We will not substitute a materially different Product or increase the authorized price without your agreement.

The preorder terms presented and accepted when you submit the preorder govern that preorder. A later change will not retroactively reduce an accepted cancellation or refund right.

11. Orders and Acceptance

These purchase terms apply when Products are offered for sale through the Site and you submit an order directly to HYLOR.

Your order is an offer to purchase. An automated confirmation acknowledges receipt but does not by itself mean that HYLOR accepted the order. HYLOR accepts an order when we send a shipment confirmation or otherwise expressly confirm acceptance. Payment authorization or capture alone is not acceptance unless HYLOR expressly says otherwise, although it does not postpone any shipment or refund duty imposed by law.

Before acceptance, we may decline or cancel an order for a reasonable reason, including unavailable inventory, payment or address problems, suspected fraud, a material pricing or description error, a disclosed purchase limit, legal restrictions, or apparent commercial resale or diversion. If we cancel after receiving payment, we will promptly return the amount charged for the canceled portion to the original payment method or another no-fee method you accept if the original method is unavailable.

After acceptance, HYLOR will not increase the price or materially change the Product without your agreement. We may cancel and refund an accepted order when reasonably necessary because of a safety issue, recall, illegality, inability to fulfill, or another circumstance in which performance cannot reasonably occur. Cancellation does not limit any additional right or remedy provided by law.

Your ability to change or cancel an order after submission depends on whether fulfillment has begun and on the HYLOR Shipping, Delivery, and No-Return Policy presented with the order. Contact us promptly if a correction is needed; we cannot promise that a change will be possible after fulfillment begins.

12. Product Availability, Quantity Limits, and Resale

Products, flavors, pack formats, purchase channels, and delivery destinations may be limited or unavailable. The destinations available for a direct order will be shown at checkout; the Site does not promise delivery throughout the United States.

HYLOR may impose reasonable quantity limits by person, household, account, payment method, address, promotion, or order. Limits will be disclosed where required and applied consistently to protect inventory, prevent fraud, or maintain fair access.

Products offered through the consumer Site are intended for personal, family, or household use. HYLOR may reject an apparent commercial reseller, diversion, or unauthorized distribution order before acceptance. Retailers, distributors, and other commercial buyers must use separately approved commercial terms. Nothing in this section restricts a lawful consumer right that cannot be waived.

A seller is not an authorized HYLOR seller merely because it lists a HYLOR Product. To confirm whether a seller is authorized for purposes of the First Pour Promise, contact HYLOR at hello@drinkhylor.com.

13. Pricing, Taxes, and Payment

Prices are shown in U.S. dollars unless stated otherwise. Before you submit an order, the Site will disclose the Product price, quantity, mandatory HYLOR fees, selected optional charges, shipping or delivery charges, estimated or applicable taxes, discounts, and the order total as required by law.

A mandatory HYLOR fee will be included in the displayed price when applicable law requires it. Government-imposed taxes and postage or carriage charges reasonably and actually incurred to deliver a physical Product may be shown separately where permitted. An optional add-on will be charged only if you affirmatively select it.

You authorize HYLOR and its payment providers to charge the payment method you select for the total disclosed at checkout. Payment information may be collected and processed by a third-party payment provider. HYLOR may receive transaction details, tokens, and limited card information rather than a full payment-card number. A third-party payment method may also be governed by the provider's terms.

We may correct a genuine pricing, description, tax, discount, or availability error before accepting an order. If a correction would increase the amount you authorized, we will request your approval or cancel and refund the affected item rather than charge the higher amount without permission.

Any material discount condition, expiration, purchase minimum, recurring-price term, or Product restriction will be disclosed with the offer and before purchase. We encourage you to contact us first about a billing issue, but nothing in these Terms limits a lawful right with your card issuer, bank, or payment provider.

14. Shipping, Delivery, Title, and Risk of Loss

Before you submit a direct Site order, available delivery destinations, shipping methods, shipping charges, and estimated shipment or delivery windows will be displayed or conspicuously linked at or before checkout. Additional terms appear in the HYLOR Shipping, Delivery, and No-Return Policy.

We will have a reasonable basis for a shipment time stated in an offer or at checkout. We will ship within that time or, if no time is stated, within the period required by law. If we cannot ship within the applicable time, we will provide any legally required notice and a cost-free opportunity to consent to the delay or cancel the affected order for a full and prompt refund. We may instead cancel and promptly refund the affected order.

A delivery date after shipment is an estimate unless HYLOR expressly states that it is guaranteed. Weather, carrier disruptions, labor interruptions, address problems, and other events outside reasonable control may affect delivery, but those events do not eliminate a cancellation or refund right provided by law.

You are responsible for entering a complete, accurate, and deliverable address and reviewing it before submitting the order. Contact hello@drinkhylor.com promptly if an address needs correction.

For a direct Site order, title and risk of loss pass to you when the order is delivered to the shipping address, designated recipient, or pickup location you selected, except where applicable law requires a different result. A carrier delivery record may be considered when investigating a claim, but it is not conclusive proof of correct or undamaged delivery and does not eliminate a remedy for proven loss, misdelivery, damage, or nonconformity.

15. Damaged, Missing, Incorrect, or Defective Orders

If a direct Site order is missing, misdelivered, incorrect, leaking, materially damaged, defective, or otherwise nonconforming, contact us promptly at hello@drinkhylor.com or 949-272-8214 and follow the HYLOR Shipping, Delivery, and No-Return Policy that applied when you placed the order.

We may reasonably request the order number, delivery details, lot or best-by information, photographs of the Product or packaging, and other information needed to investigate. Do not mail or transport any leaking or potentially unsafe Product.

HYLOR reviews each request individually. Depending on the circumstances, HYLOR may reship the same item, offer another available flavor only with your agreement, issue a refund, or provide another remedy required by law. A procedural claim window does not eliminate a nonwaivable right concerning a latent defect, safety issue, warranty, misdelivery, or unlawful practice.

For an order placed through an authorized marketplace, retailer, delivery platform, or other seller, the seller identified on the receipt ordinarily administers transaction and delivery remedies. Contact HYLOR directly about suspected tampering, contamination, undeclared allergens, counterfeiting, or material safety or quality concerns regardless of where the Product was purchased.

The First Pour Promise may also apply to an eligible purchase from an authorized seller according to its terms, including any requirement to begin with the seller's refund process.

You may exercise a lawful, good-faith payment dispute or chargeback right. HYLOR may provide accurate transaction records in response and may prevent duplicate recovery for the same loss, but these Terms do not waive a valid chargeback or billing-error right.

16. No Physical Returns; Refunds, Replacements, and the First Pour Promise

Because HYLOR Products are consumable food and beverage items, we do not accept physical returns or exchanges. Do not mail any Product back to HYLOR. This no-return rule does not make every sale final and does not limit the First Pour Promise or any remedy required by law.

If HYLOR later offers nonconsumable merchandise, any different return terms will be disclosed with that item at or before purchase.

If and when HYLOR advertises the First Pour Promise with an eligible purchase, the complete HYLOR First Pour Promise applies. Its material terms include:

  • a taste or general-satisfaction request must be submitted within 45 calendar days after delivery for a shipped purchase or the date on an in-store receipt;

  • opened or partly consumed Product may qualify;

  • coverage is limited to one single can or one multipack or case containing no more than 12 cans and one taste or general-satisfaction claim per household in a rolling 12-month period;

  • the purchase must be for personal, family, or household use in one of the 50 United States or the District of Columbia through drinkhylor.com, an official HYLOR storefront, or a seller identified by HYLOR as authorized;

  • free products, prizes, samples, wholesale or resale purchases, and purchases from unauthorized sellers are not covered by the ordinary taste or general-satisfaction remedy;

  • proof of purchase and seller identity are required;

  • an eligible consumer may choose either a refund of the Product price actually paid after discounts, plus attributable sales tax shown on the proof of purchase, or an available HYLOR replacement of comparable value shipped at HYLOR's cost;

  • an ordinary satisfaction refund excludes original outbound shipping, delivery, and expedited-service charges; and

  • only one resolution is available for the same purchase.

For a drinkhylor.com purchase, HYLOR will initiate an eligible refund it processes directly within 10 business days after confirming eligibility. A financial institution or third-party seller may take additional time to post or complete the refund.

No physical return is required or accepted under the First Pour Promise. Do not mail any Product to HYLOR. We may reasonably request proof of purchase, seller information, photographs, lot or best-by information, or confirmation that the Product was safely discarded.

For an authorized third-party purchase, begin with the seller's working refund process because it may be the fastest route. If that process is unavailable or does not provide the remedy described in the First Pour Promise, contact HYLOR. Proof of purchase and seller identity are required, and a consumer may not receive duplicate remedies from both the seller and HYLOR.

Outside the First Pour Promise and any remedy required by law, HYLOR may decide case by case to offer a courtesy replacement. Subject to availability, the replacement may be the same Product and flavor or, with your agreement, another available HYLOR flavor of comparable value. No physical return is required. A courtesy accommodation does not reduce any nonwaivable right and does not guarantee the same accommodation in another case.

Non-delivery, misdelivery, an incorrect item, transit damage, a suspected defect, illness, injury, allergic reaction, contamination, tampering, undeclared allergens, or recall is handled separately. Those concerns do not count against the First Pour Promise's household or pack-size limits and are not cut off by its 45-day period.

A First Pour Promise request does not cancel a subscription. Any subscription must be canceled separately under Section 17.

The First Pour Promise is in addition to, and does not replace or limit, any nonwaivable warranty, refund, product-liability, or consumer-protection right. A later change to the Promise will not retroactively reduce coverage for an eligible purchase made under an earlier version.

17. Subscriptions and Automatic Renewal, If Offered

This section applies only if HYLOR offers a subscription or continuous-service program and you affirmatively enroll.

Before enrollment and before obtaining billing information, HYLOR will clearly and conspicuously disclose near the enrollment control:

  • the Products or benefits included;

  • the recurring price and any applicable shipping or taxes;

  • the billing and delivery frequency;

  • the initial and renewal term or continuous nature of the program;

  • any minimum purchase or commitment;

  • when charges begin;

  • how a free trial, introductory price, or promotional period changes;

  • how and when the price may change;

  • how to cancel; and

  • any offered method to skip, pause, or modify deliveries.

We will obtain your express affirmative consent to the automatic-renewal or continuous-service terms before charging you. Subscription consent will not be inferred merely from accepting these general Terms, joining a list, or making a one-time purchase.

After enrollment, we will send a retainable acknowledgment containing the material renewal terms, cancellation policy, and cancellation instructions. We will record and retain evidence of consent for the period required by law.

Unless canceled, a subscription renews at the price and frequency disclosed at enrollment, as later changed only after any notice and consent required by law. HYLOR will provide trial-ending, promotional-price-ending, annual-renewal, annual-reminder, fee-change, and material-change notices when and as required.

You may cancel through the method disclosed at enrollment and in the acknowledgment and through any additional method required by law. Cancellation will be available through the same medium used to enroll to the extent required by law. If you enroll online, you may terminate automatic renewal online, at will, through a direct and readily accessible method subject only to reasonable identity verification. We will not require an unnecessary telephone call, obstruct cancellation, or impose a new renewal charge merely because an internal processing cutoff passed.

Cancellation stops future renewals. If a recurring order was already charged before cancellation, that order remains subject to HYLOR's no-physical-return policy and any applicable refund, replacement, First Pour Promise, or nonwaivable legal right described in the HYLOR Shipping, Delivery, and No-Return Policy and these Terms. If HYLOR offers pause, skip, or retention options, they are optional and will not replace or conceal the cancellation method.

Subscription-specific disclosures and terms presented at enrollment form part of the agreement for that subscription and control if they are more specific than these Terms.

18. Promotions, Discount Codes, Gift Cards, and Loyalty Features

If HYLOR offers a promotion or discount, the offer may include eligibility, timing, territory, channel, Product, quantity, redemption, or combination limits. Material restrictions will be disclosed with the offer and will not be hidden only in these Terms.

Unless an offer states otherwise, a promotional code has no cash value, may not be sold, and may not be combined with another offer. We may reject a code obtained or used through fraud, unauthorized distribution, resale, technical manipulation, or a material violation of the disclosed offer terms.

HYLOR may correct or end a promotion prospectively when reasonably necessary, but will not revoke a discount already applied to an accepted order except with your agreement or as permitted by law.

If HYLOR offers gift cards, rewards, referrals, ambassador benefits, founder benefits, or a loyalty program, the terms conspicuously presented for that feature will apply. Gift cards remain subject to applicable restrictions on expiration, fees, redemption, and cash value.

HYLOR will not condition an incentive for a consumer review on the review being positive. A reviewer must clearly disclose a free Product, discount, payment, employment, family relationship, or other material connection to HYLOR.

19. Contests and Sweepstakes

Any contest, sweepstakes, giveaway, or similar promotion will be governed by separate Official Rules. The Official Rules will disclose eligibility, entry period, entry method, prizes, material restrictions, winner-selection process, and any other required terms.

If the Official Rules conflict with these Terms, the Official Rules control only for that promotion. Any purchase requirement will be stated only where lawful, and a chance-based sweepstakes will include a no-purchase entry method where required.

20. Reviews and Other User Content, If Offered

This section applies only if the Site allows you to submit a review, photograph, video, comment, recipe, testimonial, survey response, or other content ("User Content").

You retain ownership of your original User Content. By submitting it, you grant HYLOR a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, make reasonable accessibility adaptations to, display, and distribute the User Content as reasonably needed to operate and improve the Site and display it on HYLOR-owned channels. HYLOR may sublicense these limited rights only to service providers and distribution platforms assisting with those purposes.

The general license lasts while the User Content is posted and for a reasonable period in backups and legal records. You may request removal by using an available account control or contacting hello@drinkhylor.com. Removal may not immediately delete backup copies or content already lawfully shared by others.

This general license does not by itself authorize use of your name, likeness, voice, testimonial, or content in paid advertising or another context requiring separate permission. HYLOR will obtain any additional permission and make any disclosure required for that use.

You represent that:

  • you have the rights and permissions needed to submit the User Content;

  • it reflects your genuine experience and honest current opinion;

  • factual statements are truthful to the best of your knowledge;

  • you have clearly disclosed any material connection to HYLOR; and

  • the content does not violate law or another person's intellectual-property, privacy, publicity, or other rights.

Do not submit confidential information, unnecessary sensitive information, unlawful health or disease claims, malware, impersonation, harassment, or fraudulent content.

HYLOR may apply reasonable moderation standards, including removing content that is fraudulent, unlawful, irrelevant, abusive, infringing, exposes private information, contains malware, or violates these Terms. We do not remove, suppress, or refuse to publish a review merely because it is negative. We will not materially edit a review in a way that changes its meaning or misrepresents the reviewer's opinion. Nothing in these Terms restricts honest reviews, criticism, complaints, or reports to regulators.

21. Feedback and Ideas

If you voluntarily submit an idea, suggestion, or other nonconfidential feedback about HYLOR or the Site, HYLOR may consider and use it without payment or obligation. This permission does not transfer ownership of your preexisting intellectual property.

Do not submit an idea you consider confidential or proprietary unless HYLOR has first agreed in writing to receive it on that basis.

22. HYLOR Intellectual Property

The Site and its text, design, graphics, photography, video, illustrations, software, arrangement, Product names, brand names, logos, wordmarks, packaging, trade dress, and other content are owned by or licensed to Ariva Pharma, LLC and are protected by intellectual-property laws.

HYLOR and related names, logos, and trade dress may not be used in a manner likely to cause confusion or imply sponsorship without prior written permission.

Except for the limited personal-use right in Section 4, no Site content is licensed to you. You may not copy, modify, publish, sell, license, frame, reverse engineer, create derivative works from, or commercially exploit the Site or its content except with written permission or as law expressly permits.

Nothing in these Terms restricts lawful fair use, criticism, commentary, news reporting, parody, comparative advertising, or another nonwaivable right.

23. Third-Party Services, Links, and Sellers

The Site may use or link to third-party hosting, ecommerce, payment, shipping, customer-service, analytics, social-media, mapping, marketplace, or other services. A link does not by itself mean that HYLOR endorses the third party.

A third-party service or seller may have its own terms and privacy practices. HYLOR is not responsible for the independent acts, content, or promises of an unaffiliated third party. This does not limit a responsibility applicable law places on HYLOR for a service provider acting on our behalf or for HYLOR's own representations, accepted obligations, or Products.

A purchase from a third-party seller is a transaction with the seller identified at checkout or on the receipt, except to the extent HYLOR expressly accepts a direct obligation such as the First Pour Promise.

24. Shopify Hosting, Privacy, Cookies, and Privacy Choices

The HYLOR Privacy Policy explains how Ariva Pharma, LLC collects, uses, discloses, and safeguards personal information.

The Site is hosted by Shopify. Shopify collects and processes personal information when you visit or interact with the Site, submit information, create an account, or make a purchase, including to host and operate the Site and provide checkout, payment, security, fraud-prevention, analytics, personalization, advertising, and other commerce services.

Shopify Network Intelligence is enabled for the HYLOR store. To provide Shopify Enhanced Services, Shopify may use personal information from customer interactions and transactions with HYLOR together with information from interactions with other Shopify merchants and with Shopify. Enhanced Services may include security and fraud prevention, advanced store or product personalization, analytics, and advertising. Advertising based on activity with HYLOR, other Shopify merchants, and Shopify may be treated as sale, sharing, or targeted advertising under some U.S. state privacy laws.

Information submitted to HYLOR, and information collected through use of the Site, may be shared with Shopify and other service providers and partners, including recipients located in countries other than the country where you live, to provide these services and Enhanced Services.

For more information, review the Shopify Consumer Privacy Policy. You may use HYLOR Your Privacy Choices and the Shopify Privacy Portal to opt out of or object to certain processing when available under applicable law.

The HYLOR Your Privacy Choices page describes available cookie, targeted-advertising, sale or sharing, and consumer-rights controls when those controls apply.

These privacy notices are not replaced by these Terms and do not waive or limit a privacy right. Accepting these Terms is not consent to cookies, marketing, sale or sharing, sensitive-data processing, or another activity for which law requires separate notice or consent.

25. Electronic Communications, Records, Email, and Optional Text Messages

You may receive transactional electronic communications concerning a request, account, order, preorder, subscription, payment, delivery, legal notice, or Product-safety matter. Where law permits electronic delivery, you agree that these communications may be provided electronically in a form you can retain. Any separate consent, disclosure, paper-copy right, or withdrawal procedure required by law will be provided when applicable.

Keep your email address and other contact information current. HYLOR may retain records showing the Terms and policy versions presented, your acceptance action, and transaction details.

Marketing emails are optional. You may unsubscribe using the link in a marketing message. Even after an unsubscribe, we may send nonmarketing communications reasonably needed to administer an account or transaction, respond to a request, provide a legal notice, or communicate a safety or recall matter.

Text messaging is available only if and when HYLOR offers an SMS program. If you separately enroll, the disclosure and any Mobile Terms presented at enrollment will govern. Accepting these Terms, joining an email list, creating an account, or making a purchase is not consent to receive marketing texts, and marketing-text consent is not a condition of purchase.

An SMS enrollment disclosure will identify the sender and the telephone number receiving messages and disclose the use of automated technology if applicable, expected message frequency, possible message and data rates, opt-out instructions, help instructions, and support contact. You may revoke consent by a reasonable method recognized by law, including replying STOP to a HYLOR text. Reply HELP for available assistance.

Mobile information, text-message opt-in data, and consent will not be sold or disclosed to third parties or affiliates for their own marketing or promotional purposes. We may provide this information to messaging providers and carriers that help deliver the program, or disclose it when required by law.

Transactional texts that you specifically request, such as order or delivery updates, are separate from marketing texts and will be limited to the requested purpose.

26. Site Changes, Suspension, and Termination

HYLOR may update, suspend, or discontinue all or part of the Site, subject to accepted obligations and applicable law. No online service can be guaranteed to be uninterrupted, error-free, or completely secure.

You may stop using the Site at any time. We may restrict or terminate access for a material violation of these Terms, fraud, abuse, a security risk, or another lawful reason. When reasonable, we will provide notice.

Suspension or termination does not eliminate accepted-order, refund, subscription-cancellation, safety, privacy, or other obligations that continue by law or by their nature. If account access is unavailable, you may contact hello@drinkhylor.com for help with a transaction or cancellation.

For accessibility information or help using the Site, see the HYLOR Accessibility Statement or contact us using the information in Section 33.

27. Disclaimers

To the fullest extent permitted by law, the Site and general Site content are provided "as is" and "as available." HYLOR does not promise that the Site will always be uninterrupted, error-free, secure, or compatible with every device.

To the extent those warranties may lawfully be disclaimed, HYLOR disclaims implied warranties relating solely to the Site and general Site content, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

This disclaimer does not apply as a blanket disclaimer to physical Products. Products remain subject to any express promise presented at purchase or on the package, the First Pour Promise when applicable, and all warranties and consumer protections that cannot lawfully be disclaimed.

Nothing in this section excuses inaccurate labeling, unlawful advertising, a food-safety duty, an accepted refund or replacement obligation, or HYLOR's failure to provide a Product that conforms to an accepted order. Some jurisdictions do not allow certain disclaimers, so a disclaimer applies only to the maximum extent permitted.

28. Limitation of Liability

To the fullest extent permitted by law, for a claim arising solely from access to or use of the Site or general Site content, HYLOR and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.

The exclusion above does not apply to:

  • Products or accepted orders;

  • an unauthorized recurring charge;

  • fraud or fraudulent misrepresentation;

  • willful misconduct or gross negligence;

  • death, personal injury, or physical property damage;

  • Product liability, food safety, recall, contamination, or materially inaccurate allergen or labeling information;

  • an accepted refund, replacement, or First Pour Promise obligation;

  • breach of an express written Product promise;

  • privacy or data-security duties;

  • false advertising, statutory damages, public injunctive relief, or another statutory remedy;

  • infringement or misappropriation of another person's intellectual property;

  • a violation of law that cannot be limited by contract; or

  • any other right or remedy that cannot lawfully be waived or limited.

Some jurisdictions do not allow particular damages exclusions. In that event, the exclusion applies only to the maximum extent permitted.

29. Limited Indemnification for Misuse

To the extent permitted by law, you will reimburse Ariva Pharma, LLC and its officers, employees, and agents for a third-party claim and reasonable, documented costs, including reasonable attorneys' fees, but only to the extent directly caused by:

  • your intentional unlawful misuse of the Site; or

  • User Content you submitted that infringes or unlawfully violates the third party's rights.

This is a reimbursement obligation only. It does not require you to assume or control HYLOR's defense. HYLOR will provide prompt notice and reasonable cooperation. HYLOR may not settle a claim in a manner that requires an admission or nonmonetary obligation from you without your consent.

This obligation does not apply to the extent a claim was caused by HYLOR, does not apply merely because a consumer purchased or used a Product as intended, and does not require indemnification for a matter that cannot lawfully be shifted to a consumer.

30. Dispute Resolution, Governing Law, and Venue

Please contact hello@drinkhylor.com before filing a formal dispute. Include your name, an order number if relevant, a description of the issue, and the resolution requested. We will try in good faith to resolve the matter informally. This informal process is encouraged but does not shorten or waive a legal deadline, prevent either party from seeking urgent relief, or restrict a report to a regulator or law-enforcement agency.

These Terms are governed by California law, without applying rules that would select another jurisdiction's law. If you live in another state, you retain the protection of any law of your home state that cannot be waived.

A consumer court proceeding may be brought in any court of competent jurisdiction and proper venue under applicable law. Nothing in this section waives a nonwaivable consumer venue right, small-claims right, right to seek public injunctive relief, or right to ask a government agency for assistance.

These Terms do not require arbitration and do not include a class-action waiver.

31. General Terms

31.1 Order of Precedence

If terms conflict, the following order applies only to the subject of the conflict:

  1. offer-specific terms that were conspicuously presented and accepted for a particular preorder, order, subscription, promotion, or program;

  2. the HYLOR Shipping, Delivery, and No-Return Policy for shipping, delivery, no-return, refund, replacement, and Product-issue procedures; the HYLOR First Pour Promise for a claim within that guarantee; and Official Rules for the relevant contest or sweepstakes; and

  3. these Terms.

The HYLOR Privacy Policy and HYLOR Your Privacy Choices page are notices rather than substitutes for contractual or consent disclosures. Nothing in this order removes a representation, disclosure, or consumer right that applicable law makes part of the transaction.

31.2 Entire Agreement

These Terms, together with applicable offer-specific terms and policies identified above, constitute the agreement concerning the Site and the relevant transaction. They do not erase a Product label, checkout disclosure, express Product promise, or advertising representation that forms part of the bargain or creates a legal obligation.

31.3 Severability

If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent or severed if necessary, and the remainder will continue in effect. A court may not rewrite a provision in a way that deprives a consumer of a nonwaivable right.

31.4 Waiver

A failure or delay in enforcing a provision is not a waiver of the right to enforce it later. A waiver must be specific and does not waive a later or different breach.

31.5 Assignment

You may not transfer an account or payment obligation without HYLOR's consent. This does not restrict the transfer of a claim or right where law prohibits that restriction.

HYLOR may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the HYLOR business, provided the assignment does not reduce an accepted consumer right or remedy. We will provide notice if law requires it.

31.6 Events Beyond Reasonable Control

Neither party is responsible for a delay caused by an event beyond its reasonable control to the extent performance is actually prevented, provided the affected party takes reasonable steps to reduce the delay.

For HYLOR, this provision does not eliminate shipment-delay notices or cancellation and refund choices required by law, an approved refund, a Product-safety duty, or another obligation that cannot be excused. If an event prevents fulfillment, Sections 10, 11, and 14 apply as appropriate.

31.7 Survival

Provisions that by their nature should continue after account closure or termination will survive, including payment obligations already incurred, ownership, limited licenses needed for retained records, disclaimers, liability limitations, indemnification, dispute terms, and this Section 31.

31.8 Headings

Headings are for navigation and do not change the meaning of these Terms.

32. California Consumer Notice

California residents may direct complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Boulevard, Suite N-112
Sacramento, California 95834
Telephone: 800-952-5210 or 711 for relay service

Prices and charges for a transaction are disclosed before purchase.

You may contact HYLOR by telephone at 949-272-8214, by email at hello@drinkhylor.com, or by mail using the address in Section 33. To request Ariva Pharma, LLC's legal-name-and-address information by email, contact hello@drinkhylor.com. We will provide it within five days after receiving your request.

33. Contact Information, Effective Date, and Version

Questions about these Terms may be sent to:

Ariva Pharma, LLC
Owner and operator of the HYLOR brand
Attn: Legal
620 Newport Center Drive, Suite 1100
Newport Beach, California 92660

Email: hello@drinkhylor.com
Telephone: 949-272-8214
Website: drinkhylor.myshopify.com