Terms of Service

Last Revised: March 2, 2026

These Terms of Service (the “Terms”) are entered into between you (“you,” or “your”) and GoodMood Kombucha LLC (“GoodMood,” “we,” “us,” and “our”).  These Terms govern your access to and use of GoodMood Products (defined below), services, and subscriptions purchased on our website available at: https://www.goodmoodkombucha.com/ as well as any other websites directly owned by, or operated by or on behalf of, GoodMood where this Policy is linked (collectively, the “Services”). The Services are published, owned, and operated by GoodMood.

These Terms include an arbitration clause.  Please read the Terms carefully before you start to use the Services.

By checking the checkbox or selecting ACCEPT when completing an Order (defined below) or Subscription (defined below) purchase, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms, please do not use the Services. 

Purpose of the Services.  The Services are provided for informational purposes, enabling communication between you and GoodMood, and the marketing and sales of our products on the Services, including kombucha beverages (collectively, “Products”).  The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our Services. Any information you provide or that is collected by GoodMood through the Services shall be handled in accordance with the Privacy Policy, which is hereby incorporated by reference.

Use of the Services.  To access or use the Services, you must be at least 18 years of age or the age of majority in your jurisdiction, if older, and not prohibited from doing so by applicable law. You shall not use or otherwise access the Services in a manner that exceeds your authorized use as set forth in our Website Terms of Use, these Terms, and the applicable Order. You may not use the Services if we’ve terminated your account(s) or banned you.  

You agree to use the Services solely as expressly permitted by GoodMood and these Terms, in full compliance with applicable local, state, federal, and international laws, regulations, and industry standards. You shall use the Services in a safe and responsible manner at all times. 

Orders and Subscriptions. Orders will be initiated when you submit an order or purchase a Subscription (defined below) on our website (collectively, an “Order”). By placing an Order, you affirm that you are of legal age to enter into a binding agreement for the Services, and acknowledge that you are bound by these Terms.  Each Order is subject to, governed by, and incorporates by reference, these Terms. GoodMood shall provide the Products and Services in accordance with the terms and subject to the conditions set forth herein. To the extent these Terms contradict any terms in any applicable Order, these Terms shall control. All Orders are subject to GoodMood’s acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.

GoodMood provides numerous service options. Certain service options may be provided free of charge, while other options require subscription payments before they can be accessed (“Subscriptions”). GoodMood may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. GoodMood is not responsible for the products and services provided by such third parties. From time to time, GoodMood may offer trials of its paid Subscriptions for a specified period without payment or at a reduced rate. The term of a Subscription shall be set forth in the applicable Order. If your Subscription is monthly, your Subscription will be valid for a period of a month and will automatically renew until cancelled by you. If your Subscription is yearly, your Subscription will be valid for a period of one year and will automatically renew until cancelled by you.  The recurring price is subject to change at our sole discretion.  We will notify you directly and/or post a notice on our website of any change in our Subscription or renewal prices.  To find your recurring charge and the length of your renewal term, please login to your account or contact us directly. 

Promotions may have additional terms and may be changed or ended at any time. Gift cards (if offered) are not redeemable for cash except where required by law.
If you choose to cancel your Subscription, your access to the Services that are applicable to that Subscription and all associated features will remain active until the end of your current billing period, such as monthly or yearly. After your renewal date, your access will be discontinued, and you will no longer be able to use the applicable Services. To cancel or manage your Subscription, please login to your account or contact us at info@goodmoodkombucha.com 

Prices and Taxes. If you wish to purchase any Products available through our Services, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant GoodMood the right to provide such information to third parties for the purposes of facilitating the Order initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the prices in effect as of the time the Order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the Orders that you submit to the payment method specified at the time of Order. All prices are subject to change without notice. All prices are shown in U.S. dollars.

GoodMood reserves the right, in its sole discretion, to offer a volume discount based on the quantity of Products purchased in a single transaction. Volume discount pricing is further subject to Product availability, and quantity limits may apply. As applicable, if you do not purchase the quantity upon which quantity prices are based or as otherwise agreed with GoodMood, you will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee.
Export orders may be subject to special pricing.

List prices on the website do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply to Products. You are responsible for paying all Taxes associated with your purchase hereunder. If GoodMood has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority.

Product Information. Information about our Products is provided on our Services and website for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability (see Product Availability below for more detail) may occur. Accordingly, we do not guarantee the accuracy or completeness of any Product information on our Services and website. We reserve the right to correct or update our Services with respect to Products at any time without prior notice (including after you have submitted an Order). If you do not wish to continue your purchase after pricing or other Product information has been corrected, please contact us right away.

Product Availability. Product availability is not guaranteed as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected Product is not available at the time your Order processes, we will notify you via email. 

Delivery and Title. We ship to the addresses shown as available on your Order. Ownership and risk of loss pass to you upon delivery to the carrier, except where prohibited by law. Transit times are estimates and not guaranteed. Selection of the carrier and delivery route will be at GoodMood’s option. 
Cancellations; Returns; Refunds. Because our Products are perishable beverages, we do not accept returns of physical products. If you’re unsatisfied with your purchase, contact us and we will work with you to make it right, including offering a full refund in appropriate cases. See our FAQs page for additional shipping details. All decisions of GoodMood regarding cancellations, returns and refunds are final.

Force Majeure. GoodMood will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, Product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine or other governmental restrictions, riots, or war. The time for delivery or performance will be extended by the period of such delay or GoodMood, at our sole option, may cancel any order or remaining part thereof without liability by giving you prior notice.

Export Controls. Products purchased may be subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export laws, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and it’s not otherwise prohibited by law from purchasing the Products. If applicable, you shall be responsible for obtaining any required license to export, re-export or import.

Disclaimer.  GoodMood does not provide any warranties with respect to any of the Products. We do not make medical claims and our Products are not intended to diagnose, treat, cure, or prevent any disease. Products manufactured by a third party (“Third Party Goods”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, products offered by GoodMood. ALL PRODUCTS OFFERED BY GOODMOOD (INCLUDING THIRD PARTY PRODUCTS) ARE PROVIDED “AS-IS” WITHOUT ANY WARRATY WHATSOEVER. GOODMOOD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS AND ANY THIRD-PARTY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT GOODMOOD SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, GOODMOOD AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT GOODMOOD AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER GOODMOOD NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. GOODMOOD FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT GOODMOOD, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST GOODMOOD FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL GOODMOOD OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THE PRODUCTS OR THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF GOODMOOD OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO GOODMOOD FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any certain warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnity.  You agree to defend, indemnify and hold harmless GoodMood and its affiliates, directors, officers, employees and/or agents (collectively, “GoodMood Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of GoodMood Indemnitees arising out of or relating to Your Content, your violation of these Terms, your misuse of the Services (including any Products), any damages or injury to physical property or individual persons arising out of or in connection with the use or misuse of the Products, or your violation of any applicable laws, rules or regulations in connection with the Services or Products. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of GoodMood Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, GoodMood reserves the right to assume the exclusive defense and control of any proceeding that relates to GoodMood, the Services (including any Products), or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with GoodMood in our defense thereof.
Termination and Restriction of Access.  In its sole discretion, GoodMood may terminate or suspend your access to the Services for any reason or no reason at all, including, but not limited to, your breach of these Terms.  GoodMood shall not be liable for any losses or damages arising from any such termination of service.

Agreement to Arbitrate and Waiver of Class Action Claims (“Agreement to Arbitrate”).

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you with a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at info@goodmoodkombucha.com. Before we file a claim against you, we agree to contact you at the email address associated with your account, or by the means otherwise provided by you. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
GENERAL. YOU AGREE THAT YOU AND GOODMOOD WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO GOODMOOD OR YOUR USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement to Arbitrate will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.

LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in New York, New York, or any other location you and we mutually agree to.

EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this section.

CLASS ACTION WAIVER. YOU AND GOODMOOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

NO RIGHT TO JURY TRIAL. YOU AND GOODMOOD ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT TO ARBITRATE.

30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to info@goodmoodkombucha.com. Your opt-out notice must be no later than thirty (30) days after the date you accept the Terms for the first time. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we will also not be bound.
Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms, our Products or the Services must be commenced within one (1) year, unless a greater period is required in accordance with applicable laws, after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction.  Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by the laws of the State of New York, without regard to conflict of law provisions.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in New York, New York, in all disputes arising out of or relating to these Terms.

Changes to these Terms.  GoodMood may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by GoodMood.  The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s). We may also contact you by email using the email that you have provided to us. 
General.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoodMood as a result of these Terms or use of the Products.  You may not assign these Terms without the prior written consent of GoodMood in all instances.  GoodMood may assign these Terms, in whole or in part, at any time.  GoodMood’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of GoodMood’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Products.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

These Terms, Website Terms of Use, Privacy Policy, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and GoodMood with respect to the Products and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and GoodMood.  A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of GoodMood to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Contact Information.  Questions can be directed to GoodMood at info@goodmoodkombucha.com