Terms & Conditions
1. Introduction
1.1. These General Terms and Conditions (the "Agreement") govern the entire relationship between the Client and the Company.
1.2. Prior to the conclusion of the Distance Contract, the Client will be provided with the text of this Agreement in electronic form or in another durable medium. If it is not reasonably possible to provide the text in this way, the Company shall inform the Client, prior to the conclusion of the Distance Contract, how the Agreement may be reviewed at the Company's premises and that the Agreement will be sent free of charge to the Client upon request, as soon as possible.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT THEIR USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that, as further set forth in Section 18 below, requires the use of arbitration on an individual basis to resolve disputes rather than jury trials, other court proceedings, or class actions of any kind.
2. Definitions
2.1. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
- Agreement — the agreement for the provision of Services and/or Goods concluded online between the Company and the Client.
- Client — the user of the Company's Services and the buyer of Goods as explained in this Agreement.
- Company — UAB Max Nutrition, a company registered in Lithuania under company code 305420438, email address hello@melties.health. The company is incorporated under the laws of Lithuania, and its data is stored and maintained with the Register of Legal Entities of the Republic of Lithuania.
- Offer — the offer to enter into this Agreement of Services and Goods provided by the Client to the Company through the Website.
- Privacy Policy — the privacy policy of the Company published on the Website.
- Services — the Digital content provided by the Company to the Client as well as the accessibility to the Website or Mobile App, including information, text, images offered or provided there, and also the subscription to the Goods.
- Goods — supplements and/or other products in physical form sold online by the Company.
- Digital Content — individual digital content sold from time to time online by the Company.
- Distance Contract — a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Goods and/or Digital content.
- Website — the website of the Company, available at melties.health.
- Mobile App — the mobile application of the Company that can be downloaded by the Client from the App Store and/or Google Play.
3. Submission of the Offer
3.1. The Company will provide the Client with a possibility of submitting an Offer.
3.2. The Client will be asked to provide certain information to submit the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct and comprehensive information that is requested to be provided.
3.3. Upon submission of the information established in Section 3.2, the Client will have submitted the Offer. The Offer will include information on:
- payment amount for the relevant Services and/or Goods;
- available payment options, including credit card or other accepted payment methods;
- other information the Company deems important to include in the Offer.
3.4. All Offers are subject to acceptance by the Company. The Company reserves the right to reject or cancel any Offer to purchase Services and/or Goods through the Website, in whole or in part, for any reason or no reason, in its sole discretion. The Company reserves the right to request and/or verify additional information before accepting any Offer or shipping any Goods.
3.5. The Goods sold on the Website are intended for personal use only and not for resale. The Client is prohibited from reselling any Goods purchased through the Website without the Company's separate written consent. The Company reserves the right to cancel orders that appear to be for resale purposes.
4. Distance Contract
4.1. The Distance Contract will be concluded at the moment when the Company accepts the Offer as indicated in Section 3.4.
4.2. The Company will confirm acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client's e-mail address provided by the Client or on the Mobile App.
4.3. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using the Company's Services, the Client acknowledges that the Company cannot guarantee that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
4.4. From time to time and without prior notice, the Company may change, expand and improve the Services, or cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination will be done at the Company's sole and absolute discretion and without an ongoing obligation or liability to the Client.
4.5. The Client furthermore agrees that:
- they shall not access the Services (including for purchasing Goods) if they are under the age of 18;
- they will deny access to the Services to children under the age of 18 and accept full responsibility for any unauthorized use of the Services by minors;
- they are an end user and do not intend to resell the Goods.
4.6. The Client is the exclusive holder of the account and is prohibited from sharing login credentials with any third party. Only the registered account holder is authorized to use the account; any unauthorized use, sharing, or transfer of credentials may result in suspension or termination. The Client is solely responsible for maintaining confidentiality and security of the account, and for all activity occurring in it. The Company is not responsible for losses caused by unauthorized use of the account.
4.7. The Company may continuously improve its services by conducting tests (such as A/B testing). The Client may see different versions of features, interfaces, content, or recommendations compared to other users.
5. Payments
5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT-tariffs.
5.2. The Client agrees to:
- pay all additional costs, fees, charges, applicable taxes, and other charges that may be incurred;
- purchase Services and/or Goods by using a valid credit card or other allowed form of payment;
- provide current, correct and complete information as detailed in the purchase order form. If the Company discovers or believes that any information is inaccurate, it reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and the Client forfeits any right to a refund of paid amounts.
5.3. Once the Client is redirected to the third-party payment service provider, the risk of loss or damages will pass to the Client and/or the third party. Online card payments are handled by a third-party payment service provider; none of the sensitive payment data is stored or used by the Company. The Company shall not be liable for any payment issues arising from third-party payment services and may change the provider at its sole discretion.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain the Company's property until full payment is made. The price applicable is that set at the date on which the Offer is accepted by the Company. Shipping costs and payment fees are recognized before confirming the purchase. If the Client is under 18 years old, parental permission is required.
5.6. All transfers are processed through dedicated third-party gateways. Card information is not stored, and all card information is handled via SSL encryption. The Client must read the terms and conditions of the payment gateway selected for the transaction.
5.7. Payments are processed by one of our Group companies depending on the payment method chosen. Local charges (sales tax, customs duty) may apply depending on the Client's region; these are at the Client's expense. For refunds or complaints, contact hello@melties.health.
6. Subscription
6.1. To ensure that the Client does not experience an interruption or loss of Services, Goods, or Digital Content, all subscription purchases are offered on AUTOMATIC RENEWAL.
6.2. EXCEPT FOR THE REASONS DESCRIBED BELOW, AUTOMATIC RENEWAL WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE UPON THE EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN LENGTH TO THE MOST RECENT SERVICE PERIOD. For example, if the last service period was 6 months, the renewal period will typically be 6 months.
6.3. Unless the Client cancels the subscription, the Company will automatically renew it and take payment from the payment method associated with the subscription.
6.4. The Company may change subscription plans and prices from time to time. Renewals will be charged at the Company's then-current rates. Limited time offers may be subject to different terms of automatic renewal.
6.5. IF THE CLIENT DOES NOT WANT THE SERVICE TO AUTOMATICALLY RENEW, they can cancel the subscription at least 72 hours before the end of the current period. Subscriptions can only be cancelled after the second subscription charge is made (see 6.6). App subscriptions and supplement subscriptions are managed separately and must be cancelled separately, or the Client must indicate to customer support that they want to cancel both. The customer will be asked to authorize the charge through self-service.
6.5.1. If the Client fails to cancel at least 72 hours before the end of the current period, the subscription will automatically renew, and any cancellation will be effective at the end of the renewed period.
6.6. IF THE CLIENT WISHES TO CANCEL THE SUBSCRIPTION BEFORE THE SECOND SUBSCRIPTION CHARGE IS MADE, THE COMPANY WILL REQUIRE THE CLIENT TO RETURN ALL DISCOUNTS APPLIED. Subscription plans are offered at a discounted price compared to single purchases. Clients cancelling before the second charge will be required to pay the difference between the subscription plan price and the regular price.
6.7. The Client may also pause their subscription at least 72 hours before the end of the current period through the Self-Service module. The subscription will be paused for 30 days and then automatically renew according to the then-applicable terms.
6.8. If purchased on the Company's website, the subscription cannot be controlled through the Apple App Store or Google Play. The Client may cancel by logging in to their account on the Website or contacting hello@melties.health.
6.9. If purchased through the Apple App Store or Google Play, subscriptions can only be cancelled through the respective account. Deleting the app does not cancel the subscription.
6.10. For Goods subscriptions, the Client may change the shipping address for recurring shipments by contacting support at least 72 hours before the end of the current period. The Company is not responsible for damages from address changes made too late.
6.11. The Company may offer short-term trials, promotions or other offers ("Special Deals") that may include additional terms.
6.11.1. Trials of paid subscriptions may be offered for a limited time at a special price or without payment. At the end of the Trial, the Company will automatically begin charging the Client on a recurring basis at the disclosed interval. Cancel before the end of the Trial to avoid being charged.
6.11.2. Special deals (discounts) are applied only for the first charge; further recurring charges are at regular prices.
7. Return Policy
7.1. The Client may return delivered Goods for a refund within 14 days from the date of delivery if the product is (a) unopened and in its original packaging and in a condition fit for resale, or (b) not as described or faulty. For subscription purchases, refunds for unopened products will only be issued for the initial purchase, not for recurring shipments.
7.2. If Goods are not as described or faulty, notify the Company within 14 days of delivery at hello@melties.health with detailed proof of fault and valid proof of purchase. After inspection, customer success will provide a prepaid shipping label at the cost of 9 USD. Send the package using the prepaid label within 14 days of notifying the Company.
7.3. If the product is unopened, in its original packaging, and in a condition fit for resale, notify the Company within 14 days of delivery with valid proof of purchase. A prepaid shipping label at the cost of 9 USD will be provided and deducted from the refund. Send the package within 14 days of notifying.
7.4. Once the Company receives and inspects the returned Goods, a refund will be authorized by the same payment method within 10–30 business days. It may take an additional up to 14 working days to appear in the Client's bank account.
7.5. The Company may suspend the refund until it receives and inspects the Goods. Goods will not be refunded if altered, abused, misused, lost, damaged by accident, damaged by unauthorized adjustment, damaged from shipping or normal wear and tear, or damaged by failure to provide reasonable care.
7.6. The Company will not refund or reship if the Client provided incorrect or incomplete delivery or contact information.
7.7. The return policy covers only products purchased from authorized resellers or distributors. The Company cannot ensure the authenticity, effectiveness, quality, safety, or proper storage of products sold by unverified sellers.
7.8. IF THE AGREEMENT CONSISTS OF DIGITAL CONTENT NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT WAIVES THEIR RIGHT OF WITHDRAWAL.
7.8.1. The Company does not offer refunds for Digital Content, except where it is not as described or faulty. Contact customer success within 14 days of delivery with detailed proof. Once a refund is issued, the Client loses access to the content.
7.8.2. By purchasing Digital Content, the Client acknowledges they lose the right of withdrawal.
7.8.3. By purchasing Digital Content, the Client provides consent to begin performance, and the Company has fulfilled its obligation to provide such Digital Content.
7.8.4. The Client has explicitly waived their right of withdrawal during the 14-day period.
7.9. Amazon.com: The Company is not responsible for any products purchased through Amazon.com. Such purchases are subject to Amazon's terms and conditions.
7.10. If the Client refuses to accept delivery of the Goods, the Company may deduct return shipping, handling, and related costs from the refund.
8. Intellectual Property Rights
8.1. All intellectual property rights — including copyright, design rights, trademark rights, patent rights, and other proprietary rights — stemming from or relating to the Services and associated content are owned by the Company.
8.2. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display, perform, publish, or otherwise make available the Services, including Digital Content, in whole or in part, without the Company's prior written consent.
8.3. The Client grants the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, with the right to sublicense and assign to third parties, to reproduce, distribute, perform, display, create derivative works from, adapt, modify and otherwise use the Client's User Content (excluding User Trademarks). The Client waives any moral rights they may have regarding User Content. By uploading or submitting User Content, the Client warrants it is accurate, not confidential, not in violation of applicable laws or third-party rights, and free of malicious code.
8.4. No part of this Agreement is intended as a transfer of any intellectual property rights, except as expressly set forth in Section 9.1.
9. Use of Digital Content
9.1. All intellectual property rights relating to Digital Content are owned by the Company. Digital Content is licensed and not sold. The Client is granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use Digital Content for personal, non-commercial purposes.
9.2. The license is valid for 5 years from the Client's receipt of the Digital Content unless earlier suspended or terminated.
9.3. Unless expressly stated otherwise, the Client must not use any Digital Content for commercial purposes.
9.4. The Client must not edit, reproduce, transmit, lend, or make the Digital Content available to third parties or perform any acts exceeding the license scope.
9.5. The Company may impose restrictions on the scope of the license or the number or types of devices on which Digital Content can be used.
9.6. If the Client violates this Section 9, the Company may suspend access to the relevant Digital Content and recover any losses suffered, including incurred expenses.
10. Sale of Digital Content Prohibited
10.1. The Client is prohibited from selling, offering for sale, sharing, renting out, or lending Digital Content or copies of Digital Content.
11. Privacy Policy
11.1. The processing of the Client's personal data is governed by the Privacy Policy. It is recommended that the Client prints and keeps a copy together with this Agreement.
12. Indemnity
12.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's breach of this Agreement or use of the Services, or the Client's violation of any law or the rights of a third party.
13. Liability
13.1. THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT'S SPECIFIC USE. IT IS THE CLIENT'S RESPONSIBILITY TO VERIFY ALL INFORMATION BEFORE RELYING ON IT.
13.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES, ARISING OUT OF: (i) USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) MATERIALS OR INFORMATION ON LINKED WEBSITES, (iv) RELIANCE ON THE SERVICES, (v) INTERRUPTION OR TERMINATION OF THE SERVICES, (vi) DELETION OR FAILURE TO STORE INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE AGGREGATE AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE GOODS IN THE TRANSACTION(S) THAT CAUSED THE DAMAGES.
13.3. A party shall be released from responsibility for non-fulfilment due to force majeure (riots, war, natural events, strikes, lockouts, traffic delays, administrative acts, etc.). The Client must provide written notification within 30 calendar days.
13.4. Liable company: UAB Max Nutrition. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER APPLICABLE LAWS.
13.5. The Company provides no warranty as to any results or outcomes arising from the use of the Services and/or Goods.
13.6. Links to third-party websites or mobile apps are provided "as-is". The Company is not responsible for their operation, content, advertising, products, or other materials.
14. Medical Disclaimer
14.1. PRIOR TO USING ANY GOODS, SERVICES, OR DIGITAL CONTENT PROVIDED BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH THEIR HEALTHCARE SERVICE PROVIDER.
14.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NO CONTENT, STATEMENT, OR ADVICE IN RELATION TO OR WITHIN THE SERVICES SHOULD BE TAKEN AS MEDICAL ADVICE OR USED IN PLACE OF SEEKING APPROPRIATE GUIDANCE FROM PROFESSIONAL HEALTHCARE PROVIDERS.
14.3. The Company encourages the Client to seek appropriate medical advice before using the Company's Services.
14.4. The Client should not disregard medical advice or delay visiting a medical professional because of something they read on the Company's Website or through other communication channels.
15. Validity and Termination
15.1. This Agreement is effective after the Client accepts and electronically expresses consent to comply with it and remains in effect until terminated.
15.2. The Company may terminate the relationship with the Client at any time if: (1) the Client does not agree with the Agreement; (2) the Client commits any breach, suspected misuse (e.g. unauthorised reselling), or for business or operational reasons; (3) the Client does not provide requested information or provides incorrect or incomprehensive information. Statutory termination rights are not affected.
16. Changes to Agreement
16.1. This Agreement, Privacy Policy, and any additional terms are subject to change. Changes are effective immediately upon being posted on the Company's Website.
16.2. The amended Agreement and policies will be posted online. The Company may give notice of upcoming changes by email or by notifying through the Website.
16.3. Continued use of the Services after changes have been made publicly available means the Client agrees to be bound by the new version. If the Client does not agree, they should stop using the Services.
17. Communication
17.1. The Company generally prefers communication by email. The Client must have a valid email address and provide it as required in Section 3.2. The Company may also publish information related to the Agreement or Services on the Website or Mobile App.
17.2. Where applicable laws require providing information on a durable medium, the Company will send an email with an attachment or a notification with a download function.
17.3. The Client may request a copy of this Agreement or any contractual document by contacting hello@melties.health.
17.4. Communication will be in English unless the parties agree otherwise.
17.5. The Client may contact us at any time at hello@melties.health.
17.6. We may contact you via phone on the basis of the Established Business Relationship Rule (TSR § 310.4(b)(iii)(B)) to check on your order status. During the call we may also suggest other similar Goods and/or Services. Payment data for any new purchase will be processed according to our Privacy Policy and applicable telemarketing sales rules. You may opt out of telemarketing calls at any time by expressing your will during the call or emailing hello@melties.health.
17.7. You may be asked to provide consent for telemarketing calls. By providing explicit consent you agree that we and our authorized representatives may contact you via the telephone number you provided. These calls may be initiated and conducted by artificial intelligence (AI) voice agents or automated dialing systems. If you accept a reactivation deal or subscription offer during or after the call, you authorize us to process the charge using the primary payment method on file.
18. Dispute Resolution
18.1. Governing Law. This Agreement is governed by the laws of Texas, regardless of the Client's location, without regard to its principles of conflicts of law.
18.2. Informal Dispute Resolution. Before filing a claim, the Client agrees to participate in informal dispute resolution.
18.2.1. Complaints in relation to Goods and Services should be addressed to hello@melties.health.
18.2.2. Complaints concerning subscriptions, refunds, and chargebacks should be addressed to the same email.
18.2.3. The Client should clearly indicate that a complaint is being submitted and specify the grounds. The Company will respond within 14 calendar days. If a dispute is not resolved within 30 calendar days, either party may bring a formal claim.
18.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or relating to this Agreement or the relationship between the parties shall be resolved through final and binding arbitration before a neutral arbitrator, in lieu of a court trial by judge or jury. Both parties waive the right to trial by jury.
18.4. Any arbitration will be conducted on an individual basis; class arbitrations and class actions are not permitted. The Client waives the ability to participate in a class action.
18.5. The Client can decline to participate in the arbitration process by emailing hello@melties.health within 30 days of accepting this Agreement, including first name, last name, address, and a statement declining arbitration.
18.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (adr.org/consumer), on an individual basis. Hearings will be conducted by teleconference or videoconference unless the arbitrator decides otherwise. The arbitrator's decision is final and binding and may be enforced in any court of competent jurisdiction.
19. Miscellaneous
19.1. Only the Client and the Company have rights or claims under this Agreement. Unless decided otherwise by the Company, third parties shall not have any rights to enforce or benefit from the terms of the Agreement.
19.2. The Client may not assign any rights or obligations under this Agreement to any third party without the Company's prior written consent. The Company may assign or transfer this Agreement, in whole or in part, at its sole discretion.
19.3. If any provision is held to be invalid, unlawful, or unenforceable, it shall be severed and the remaining provisions shall continue to be valid and enforceable.
19.4. USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COMPANY MAKES NO GUARANTEE THAT THE SITE OR SERVICE WILL MEET THE CLIENT'S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE. THE CLIENT'S SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
19.5. BY USING OR ACCESSING THE SERVICES, THE CLIENT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
20. Authorized Reseller Requirement
20.1. Authorized Sellers Only. Our products and services may only be sold by authorized retailers and distributors. Unauthorized resale is strictly prohibited.
20.2. Legal Action. We reserve the right to take legal action against individuals or entities engaged in unauthorized resale, including claims for trademark infringement, breach of contract, and other applicable violations.
20.3. No Return. Products purchased from unauthorized sellers are not covered by our Return policy.
20.4. Company Responsibility. Our Company does not take responsibility for any issues related to the unauthorized resale of our products and services.