Terms of service

Terms of Service

Effective Date: June 17, 2026

Last Updated: June 17, 2026

Entity: Mindful Movemend LLC, a California limited liability company, doing business as Mindful Vessel (“Mindful Vessel,” “we,” “us,” or “our”).

Website: https://www.mindfulvessel.com

Contact: info@mindfulvessel.com

Mailing Address: 8549 Wilshire Blvd, Unit 3372, Beverly Hills, CA 90211

 

1. Important Notice: Binding Arbitration, Class Action Waiver, and Your Right to Opt Out

Please read Section 22 carefully. Except for the limited matters described there, you and Mindful Vessel agree to resolve all disputes through binding individual arbitration rather than in court, you waive your right to a jury trial, and you waive your right to participate in any class, collective, coordinated, or representative action. You have the right to opt out of arbitration within 30 days of first accepting these Terms, as described in Section 22.7.

2. Acceptance of These Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Mindful Vessel and govern your access to and use of our website, online store, social media pages, email and text message programs, and any other content, features, products, or services that link to or reference these Terms (together, the “Services”). By accessing or using the Services, creating an account, opting in to email or text messages, checking a box or clicking a button that references these Terms (including at checkout), or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

You represent that you are able to form a legally binding contract and are not barred from using the Services under any applicable law.

3. Changes to These Terms

We may modify these Terms at any time by posting an updated version and revising the “Last Updated” date. Changes take effect when posted. It is your responsibility to review these Terms periodically. Your continued use of the Services, including placing an order, after changes are posted means you accept the updated Terms. If any change to the arbitration provision in Section 22 is material, you may reject it as described in that Section.

4. Order of Precedence; Additional Terms

Certain features, promotions, or programs may have additional terms presented to you at the time you use them, which are incorporated into these Terms. Our Privacy Policy and our Refund Policy are incorporated by reference. If there is a direct conflict between these Terms and additional terms for a specific feature, the additional terms control for that feature only. To the extent any policy incorporated by reference conflicts with the body of these Terms, the body of these Terms controls unless the policy expressly states otherwise.

5. Eligibility; United States Only; No International Shipping

You must be at least 18 years old to create an account, make a purchase, opt in to marketing, or submit content. The Services are intended for residents of the United States, including the 50 states, the District of Columbia, and U.S. territories, and we ship only to addresses within the United States. We do not ship internationally. The Services are not directed to children under 13, and we do not knowingly collect their personal information.

6. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect information, the privacy choices available to you (including how to opt out of the sale or sharing of personal information and how we honor the Global Privacy Control signal), and our handling of cookies and similar technologies. The Privacy Policy is incorporated into and forms part of these Terms.

7. Accounts and Registration

You may be able to purchase as a guest or by creating an account. If you create an account, you agree to provide accurate, current, and complete information and to keep it updated. You may not impersonate any person, use a name you are not authorized to use, or maintain more than one account without our permission. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify us promptly of any suspected unauthorized use at info@mindfulvessel.com. We may suspend or terminate your account at our discretion, including for suspected fraud or violation of these Terms. You may request deletion of your account at any time. To the maximum extent permitted by law, we are not liable for loss arising from unauthorized account use that is not caused by our own failure to maintain reasonable security.

8. Acceptable Use and Prohibited Conduct

You agree not to, and not to permit any third party to:

•     Use the Services for any unlawful, fraudulent, deceptive, or abusive purpose, or in violation of these Terms;

•     Copy, reproduce, modify, distribute, sell, resell, frame, mirror, or create derivative works from the Services or their content, except as expressly permitted;

•     Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Services;

•     Use any robot, spider, scraper, crawler, data miner, or other automated means to access, monitor, copy, or collect content or data from the Services, or otherwise impose an unreasonable load on our infrastructure;

•     Bypass, disable, or circumvent any access controls, security features, rate limits, or technological measures we use;

•     Upload or transmit any virus, malware, or harmful code, or interfere with or disrupt the integrity or performance of the Services;

•     Use the Services to collect or store personal information about other users, or to send unsolicited or unauthorized advertising;

•     Use meta tags, hidden text, or our trademarks in a manner intended to mislead or to divert traffic;

•     Resell, export, or use any product or sample for any commercial purpose, as products and samples are for personal, non-commercial use only;

•     Infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any person.

9. Anti-Scraping and Restrictions on Artificial Intelligence and Data Mining

You may not engage in text or data mining, automated extraction, indexing, or scraping of any content or data on the Services, and you may not use any content or data from the Services to develop, train, fine-tune, evaluate, benchmark, or improve any artificial intelligence or machine learning system, including any foundation, generative, large language, or derivative model, without our prior express written consent. You must honor robots.txt and any other machine-readable or stated restrictions on access or use. We reserve all rights and expressly opt out of any text and data mining or similar exceptions that would otherwise permit such use.

10. Intellectual Property

All content and materials on the Services, including text, graphics, the Mindful Vessel name, logos, and marks (the “Trademarks”), images, video, audio, software, code, page layouts, and the overall look and feel (collectively, the “Content”), are owned by or licensed to Mindful Vessel and are protected by United States and other intellectual property laws. Except as expressly permitted in these Terms, the Content and Trademarks may not be used, reproduced, distributed, modified, or exploited without our prior written consent.

10.1 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. We may grant a separate, equally limited license to link to our homepage, provided the link does not imply endorsement, does not misrepresent your relationship with us, and does not associate us with unlawful or objectionable content. We may revoke this license at any time. Any unauthorized use terminates these licenses.

11. User Content, Reviews, and Endorsements

“User Content” means any content you post, upload, submit, or otherwise provide through or in connection with the Services, including reviews, ratings, questions, photos, videos, audio, comments, testimonials, survey responses, and messages you send to us, as well as content you originally posted on a social media or third-party platform that you authorize us to use.

11.1 License You Grant

You grant Mindful Vessel a perpetual, worldwide, irrevocable, royalty-free, fully paid, transferable, and sublicensable (through multiple tiers) license to use, reproduce, host, store, cache, adapt, edit, modify, translate, create derivative works from, publish, publicly display and perform, distribute, advertise, market, and otherwise exploit your User Content, in whole or in part, with or without your name or likeness and with or without attribution, in any media now known or later developed, including on the Services, in advertising and marketing (email, text message, social, and paid advertising), on packaging, and at point of sale. To the maximum extent permitted by law, you waive any moral rights in your User Content.

11.2 Your Representations

You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to grant the license above; that your User Content is accurate and does not violate any law or any third party’s intellectual property, privacy, or publicity rights; and that your User Content is not unlawful, defamatory, obscene, harassing, hateful, deceptive, or otherwise objectionable, and contains no malware. You understand that User Content you post may be publicly visible.

11.3 Endorsements and Reviews (FTC)

If you post about our products, your statements must be truthful and reflect your honest experience, and you must clearly and conspicuously disclose any material connection to us (for example, free product, a discount, a gift, or entry into a contest or sweepstakes), consistent with the FTC Endorsement Guides. We do not edit reviews to alter their substance and do not condition incentives on positive reviews. We may decline to post, or may remove, reviews that violate these standards.

11.4 Moderation; No Obligation to Monitor

We may, but are not obligated to, monitor, screen, edit, remove, or disable access to any User Content at our discretion and without notice. We are not responsible or liable for User Content provided by you or any third party, and we disclaim all liability relating to it.

12. Feedback

If you send us ideas, suggestions, or proposals about our products or the Services (“Feedback”), the Feedback is non-confidential and non-proprietary, we have no obligation of confidentiality with respect to it, and you grant us a perpetual, worldwide, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without compensation or credit to you.

13. Products; No Medical Claims; Allergens; Patch Testing; Assumption of Risk

We offer cosmetic products, including Mindful Oil, a frankincense and myrrh roll-on in fractionated coconut oil. Our products are cosmetics, not drugs. Statements about our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition, and nothing on the Services is medical advice or a substitute for advice from a qualified healthcare provider.

We recommend that you patch test before first use, review the full ingredient list, and discontinue use if irritation, sensitivity, or an adverse reaction occurs. We cannot guarantee that our products were manufactured in an allergen-free facility or that you will not experience an allergic or other reaction. Individual results vary. Product images, descriptions, and colors are approximate.

13.1 Assumption of Risk and Release

You use our products voluntarily and at your own risk. To the maximum extent permitted by law, you assume all risk associated with the use of our products, including the risk of skin irritation or allergic reaction, and you release Mindful Vessel and Mindful Movemend LLC from claims arising from such use, except to the extent a claim results from our gross negligence or willful misconduct or is of a type that may not be released or limited under applicable law. Nothing in these Terms limits any liability that cannot be limited under applicable law, including certain claims for personal injury.

14. Product Availability, Pricing, and Errors

We may change or discontinue any product, bundle, price, discount, or offer at any time, and may limit quantities. All prices are in U.S. dollars and exclude taxes and shipping unless stated otherwise. We strive for accuracy but do not warrant that product descriptions, pricing, or other content is accurate, complete, or error-free. We may correct errors and change or update information at any time without prior notice, including after you submit an order, and we may decline or cancel any order placed at an incorrect price.

14.1 Presale Pricing, Bundle Savings, and Reference Prices

During the presale period, our single unit is offered at its per-unit price, and our multi-packs are offered at a bundle price. Where we display a higher comparison or struck-through price next to a multi-pack, that comparison price reflects the total cost of buying the same number of units individually at the single-unit price (for example, two units at the single-unit price). It is not a former price or a prevailing market price, and the multi-pack may not have been sold at that price previously. We present this comparison so you can see your savings versus buying units individually.

14.2 Automatic Presale Discount

During the presale, an automatic discount may be applied to eligible items at checkout, as described on the Services. The discounted price shown or applied at checkout is the price you pay. We may modify, pause, or end the presale discount at any time.

14.3 Dynamic and Promotional Pricing

We may test pricing and offers and may present different prices, offers, or promotions to different customers, channels, or at different times. Any countdown timer or limited-time offer reflects a genuine deadline and will not reset in a misleading manner.

15. Presale and Pre-Orders; No Guaranteed Ship Date

Some products are offered on a presale or pre-order basis, meaning payment is taken before the product ships. Presale and pre-order items do not have a guaranteed or committed ship date, and fulfillment may take longer than 30 days. By placing a presale or pre-order, you acknowledge and consent to this potential delay.

You may cancel any presale or pre-order at any time before it ships for a full refund of the amount you paid for the unshipped items. We may also cancel any presale or pre-order at any time and for any reason, in which case we will refund amounts paid for the cancelled items to the original payment method. After an item ships, the terms of our Refund Policy apply. Risk of loss in carrier transit after shipment is addressed in Section 18.

16. Promotions, Discount Codes, and Gift Cards

We may offer promotions, credits, discount codes, and, if made available, gift cards, and may modify, pause, or end them at any time without notice. Unless stated otherwise, promotions and codes are for one-time, personal use, cannot be combined, have no cash value, and do not apply to prior purchases. We may void or refuse to honor any promotion, code, or reward obtained through fraud, error, or violation of these Terms, and we may cancel orders that result from such conduct.

17. Orders, Payment, Fraud, and Chargebacks

By submitting an order, you make an offer to purchase the items in your cart. An order confirmation acknowledges receipt of your order and does not constitute acceptance; your order is accepted only when we ship the items or notify you of acceptance. We may accept, limit, or reject any order at our discretion, require additional verification, and cancel any order we reasonably believe is fraudulent, abusive, placed by a reseller, or in violation of these Terms.

Payments are processed by third parties, such as Shopify Payments, and may include credit and debit cards, digital wallets, and, where offered, buy-now-pay-later providers. Your use of a third-party payment method is subject to that provider’s terms. You authorize us and our processors to charge your selected payment method for all amounts due, including taxes and shipping. You represent that you are authorized to use the payment method you provide. If a payment is declined or reversed, we may cancel the related order. If you initiate a chargeback, we may decline to process returns or refunds on your current or future orders and may suspend your account.

18. Shipping, Title, and Risk of Loss

We ship to addresses within the United States through common carriers. Delivery dates and times are estimates and are not guaranteed. Title and risk of loss pass to you when the carrier accepts the shipment. After carrier acceptance, loss, theft, or misdelivery is your responsibility. You are responsible for providing an accurate, complete shipping address, and we are not responsible for orders delayed, returned, lost, or misdelivered due to an address you entered incorrectly or incompletely.

19. Returns, Refunds, and Exchanges

Our Refund Policy governs returns, refunds, and exchanges and is incorporated into these Terms. In summary, and except where a longer period is required by law: you may cancel for a full refund any time before your order ships; within 30 days after delivery, a change-of-mind refund is the amount you paid less nine dollars ($9.00) per unit, and you keep the product; we will, at our discretion, replace or refund items that are damaged, defective, or incorrect if reported within 30 days of delivery with a photo; and after 30 days from delivery, all return, refund, and exchange rights expire and we do not offer any refund, return, or exchange. Except as required by law, all returns, refunds, and exchanges are granted at our sole discretion, and we may decline any request we reasonably believe is fraudulent or abusive without providing a detailed explanation. Please see the Refund Policy for the full terms.

20. Third-Party Marketplaces, Links, and Services

If you purchase our products through a third-party marketplace or platform, including TikTok Shop, that purchase is a transaction with or through that platform and is governed by the platform’s terms, policies, and return and refund processes, not these Terms. The Services may contain links to, or integrations with, third-party websites, platforms, and services that we do not control, including payment processors, fulfillment carriers, and social media. We provide these for convenience and do not endorse and are not responsible for the content, products, policies, or practices of any third party. Your use of third-party services is at your own risk and subject to their terms.

21. Communications: Email, Text Messages, and Recording

21.1 Email Marketing

If you provide your email address and submit a form or click a call to action, you agree to receive marketing emails from Mindful Vessel and the service providers acting on our behalf. Every marketing email identifies Mindful Vessel as the sender, includes our mailing address, and offers a way to unsubscribe, which we honor promptly. Transactional messages, such as order and shipping notifications, are not marketing and may be sent regardless of marketing preferences.

21.2 Text Message (SMS/MMS) Program Terms

These text message program terms supplement these Terms and apply to our mobile messaging program (the “Program”).

•     Opt-in and consent. By providing your mobile number and affirmatively opting in (for example, by checking a box or submitting a sign-up form that displays our consent disclosure), you consent to receive recurring automated marketing text messages from Mindful Vessel at the number provided, including messages sent using an automatic telephone dialing system or similar technology. You confirm you are the account holder or have authorization for that number.

•     Consent is not a condition of purchase. You are not required to opt in to buy anything from us.

•     Program description. Messages may include cart reminders, product news, offers, and order-related updates.

•     Cost and frequency. Message and data rates may apply, and message frequency varies based on your interaction with us.

•     Opt-out. Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message to opt out. You may receive a final confirmation message. These are the only reasonable methods of opting out; requesting removal by other means is not effective.

•     Help. Reply HELP for help, or contact info@mindfulvessel.com. We may not respond to replies other than STOP or HELP.

•     Duty to notify and indemnify on number change. If you change or relinquish your mobile number, you agree to opt out before doing so. If you do not, and another person is later assigned that number, you agree to be responsible for, and to indemnify and hold us and our messaging provider harmless from, any claims or liabilities arising from messages sent to that number, including under the Telephone Consumer Protection Act (47 U.S.C. 227) and similar laws.

•     Carrier disclaimer. Delivery is subject to effective transmission by your carrier and is outside our control. Carriers are not liable for delayed or undelivered messages. The Program is offered on an as-is basis and may not be available on all carriers or devices. If your device does not support a given message type, you may receive an SMS in place of an MMS.

•     Third-party provider. We use one or more third-party messaging providers to operate the Program. Disputes involving such providers acting on our behalf are subject to Section 22.

21.3 Call and Chat Recording

Where permitted by law, we may record or monitor calls and chats for quality, training, and security.

22. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

22.1 Governing Law

These Terms and any dispute are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, as to arbitrability, by the Federal Arbitration Act.

22.2 Informal Resolution First

Before starting an arbitration or other proceeding, you and Mindful Vessel agree to try to resolve the dispute informally for at least 30 days. To begin, send a written notice describing the dispute and the relief sought to info@mindfulvessel.com (and, for us to you, to your account or billing email or address). If the dispute is not resolved within 30 days, either party may begin arbitration. This informal process is a condition precedent to arbitration, and any applicable limitations period is tolled while it is pending.

22.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or our products that is not resolved informally will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, before a single arbitrator, seated in Los Angeles County, California. The arbitrator decides issues of arbitrability and the interpretation and enforceability of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

22.4 Class Action and Jury Trial Waiver

You and Mindful Vessel each waive the right to a trial by jury and the right to bring or participate in any class, collective, consolidated, coordinated, or representative action. The arbitrator may award relief only on an individual basis and may not consolidate or join the claims of more than one person without the parties’ consent. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court while all others remain in arbitration.

22.5 Coordinated or Mass Arbitration

If 25 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in sequential or staged batches to promote efficiency, that filing and administrative procedures may be coordinated with JAMS accordingly, and that any applicable limitations period is tolled for demands awaiting their batch.

22.6 Exceptions; Small Claims and Injunctive Relief

Either party may bring an individual claim in small claims court if it qualifies, and either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or security, or to stop scraping or other misuse of the Services. Seeking such relief does not waive the right to arbitrate other claims.

22.7 Your Right to Opt Out of Arbitration

You may opt out of this arbitration agreement within 30 days after you first accept these Terms by sending written notice to info@mindfulvessel.com with your name, the email or phone number associated with your use of the Services, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, disputes will be resolved in the courts identified in Section 23.

22.8 Fees and Severability

Payment of arbitration fees is governed by the applicable JAMS rules and applicable law. Each party is otherwise responsible for its own attorneys’ fees and costs except where a statute or the arbitrator provides otherwise. If any portion of this Section is found unenforceable, the remainder will continue to apply, except that if the class action waiver in Section 22.4 is found unenforceable, this entire Section 22 will be void. This Section survives termination of these Terms.

23. Governing Law and Venue for Court Proceedings

For any matter not subject to arbitration, or if the arbitration agreement is found not to apply, the dispute will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you and Mindful Vessel consent to the personal jurisdiction and venue of those courts. California law governs without regard to its conflict-of-laws rules.

24. Limitation on Time to File Claims

To the maximum extent permitted by law, any claim arising out of or relating to these Terms, the Services, or our products must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

25. Disclaimers

As is. To the maximum extent permitted by law, the Services and all content and products are provided on an “as is” and “as available” basis, with all faults and without warranties of any kind. We disclaim all warranties, express, implied, and statutory, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, 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, secure, or error-free, that defects will be corrected, or that any particular result will be achieved. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

26. Limitation of Liability

To the maximum extent permitted by law, in no event will Mindful Vessel, Mindful Movemend LLC, or their members, officers, employees, agents, suppliers, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services, the products, or these Terms, whether based in contract, tort, strict liability, or any other theory, and even if advised of the possibility of such damages.

To the maximum extent permitted by law, the total aggregate liability of the Mindful Vessel parties for all claims arising out of or relating to the Services, the products, or these Terms will not exceed the greater of the amount you paid to us for the products or Services giving rise to the claim in the six (6) months before the claim arose, or one hundred U.S. dollars ($100). The foregoing limitations do not apply to liability that cannot be limited under applicable law, including, where applicable, claims for personal injury caused by our products. If any remedy fails of its essential purpose, these limitations still apply to the fullest extent permitted by law.

27. Indemnification

You agree to defend, indemnify, and hold harmless Mindful Vessel, Mindful Movemend LLC, and their members, officers, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your User Content, your violation of these Terms or any law, or your infringement of any third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

28. Export Controls and Sanctions

You represent that you are not located in, and are not a national or resident of, any country or on any list that is subject to U.S. embargo or sanctions, and you agree not to use the Services in violation of U.S. export control or sanctions laws.

29. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, supplier or carrier failures, utility or network outages, pandemics, war, terrorism, and governmental actions or restrictions.

30. Electronic Communications and Notices

You consent to receive notices, agreements, disclosures, and other communications from us electronically, including by email, text message, or posting on the Services, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. You are responsible for keeping your contact information current. We may provide notice to you at the email, phone number, or address associated with your use of the Services. You may send notices to us at info@mindfulvessel.com or our mailing address above.

31. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, the licenses granted to you end, and provisions that by their nature should survive (including Sections 9 through 14, 19 through 30, and 32) survive.

32. General

These Terms, together with the Privacy Policy, the Refund Policy, and any additional terms incorporated by reference, are the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements on that subject. You may not assign or transfer these Terms without our prior written consent; we may assign or transfer these Terms, in whole or in part, without restriction. If any provision is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it, and any waiver must be in writing to be effective. Section headings are for convenience only and do not affect interpretation. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. There are no third-party beneficiaries of these Terms except the indemnified parties named above.

33. Intellectual Property Complaints (DMCA)

If you believe content on the Services infringes your copyright, send a written notice that includes all elements required by 17 U.S.C. 512(c)(3), including identification of the copyrighted work and the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature, to our designated agent: Legal Department, Mindful Movemend LLC, by email at info@mindfulvessel.com. We may remove allegedly infringing material and terminate repeat infringers.

34. Contact

Questions about these Terms: info@mindfulvessel.com, or Mindful Movemend LLC, 8549 Wilshire Blvd, Unit 3372, Beverly Hills, CA 90211.