BREW SHOCKALAKA

Terms and Conditions of Use

Effective Date: June 13, 2026

Last Updated: June 13, 2026

Applies to: brewshock.com and all associated Services

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR PLACING ANY ORDER. BY ACCESSING OR USING OUR WEBSITE, CREATING AN ACCOUNT, PLACING AN ORDER, OR PARTICIPATING IN ANY PROGRAM OFFERED BY BREW SHOCKALAKA, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Parties, Acceptance, and Agreement to Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Brew Shockalaka ("Company," "we," "us," or "our"), the operator of the website located at https://brewshock.com (the "Site") and all related subdomains, microsites, mobile experiences, and services (collectively, the "Services").

You accept these Terms by: (a) accessing or browsing the Site; (b) creating a customer account; (c) placing an order, including subscription orders; (d) participating in the Heroes Program or any other promotional program; (e) submitting user-generated content; or (f) clicking any "I Agree," "Accept," or similar button. If you are using the Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated via a Site notice or email to registered account holders. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. The current version of these Terms is always available at brewshock.com.

2. Eligibility and Account Registration

You must be at least 18 years of age to use the Services. By using the Site, you represent and warrant that you are 18 or older, have the legal capacity to enter into contracts in your jurisdiction, and are not prohibited from receiving products or services under applicable law.

When creating an account, you agree to:

Provide accurate, complete, and current registration information
Maintain and promptly update your account information
Keep your password confidential and not share account credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activity that occurs under your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, including for violation of these Terms or applicable law.

3. Products, Orders, and Pricing

3.1 Product Descriptions

We make reasonable efforts to ensure product descriptions, images, ingredients, and nutritional information on our Site are accurate. However, we do not warrant that product descriptions or other content are error-free, complete, or current. Product formulations, flavors, availability, and packaging may change without notice. If a product you receive differs materially from its description, your sole remedy is to return the product per our Return Policy (Section 5).

3.2 Order Acceptance

Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including product unavailability, errors in pricing or product information, or suspected fraud. An order is accepted and a binding contract is formed when we send a shipment confirmation email. We may cancel accepted orders if we discover pricing or description errors; in such cases, we will notify you and issue a full refund.

3.3 Pricing and Taxes

All prices are listed in U.S. dollars and are subject to change without notice. Promotional prices, discount codes, and subscriber pricing are subject to their specific terms and may not be combined unless expressly stated. You are responsible for all applicable federal, state, and local taxes, duties, and fees associated with your purchase. Sales tax will be calculated and collected at checkout based on your shipping address and applicable law.

3.4 Payment

We accept payment through the methods displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method. You authorize us to charge the total order amount, including taxes and shipping, to your payment method. If your payment is declined or fails, we may cancel your order or suspend fulfillment until payment is resolved.

3.5 Availability and Allocation

Product availability is not guaranteed. We reserve the right to limit quantities, discontinue products, or restrict sales to any person or geography at our sole discretion.

4. Subscription Orders and Recurring Billing

4.1 Authorization for Recurring Charges

By enrolling in a subscription, you authorize Brew Shockalaka and our payment processor to automatically charge your payment method at the selected frequency (e.g., every 2, 4, or 6 weeks) for the subscription price then in effect, plus applicable taxes and shipping. This authorization remains in effect until you cancel.

4.2 Subscription Pricing

Subscription pricing may differ from one-time purchase pricing. We reserve the right to change subscription prices with at least 14 days’ advance notice sent to your registered email. If you do not cancel before the price change takes effect, you consent to the new price.

4.3 Cancellation and Modification

You may cancel, pause, skip, or modify your subscription at any time through your account portal or by contacting us. Cancellations or modifications must be made at least 48 hours before your next scheduled billing date to take effect for that cycle. Cancellations received after the 48-hour cutoff will take effect for the following billing cycle. We do not issue refunds for subscription charges already processed unless required by applicable law.

4.4 Failed Payments

If a subscription charge fails, we may attempt to reprocess the payment up to three (3) times. If payment cannot be collected, your subscription will be paused or cancelled and you will be notified. Reactivation requires updated payment information.

4.5 Free Trials and Introductory Offers

If we offer a free trial or introductory price, the terms of that offer will be disclosed at signup. At the end of the trial or introductory period, your subscription will automatically convert to the standard recurring price unless you cancel before the conversion date.

5. Returns, Refunds, and Damaged Goods

Due to the consumable nature of our products, we do not accept returns of opened or partially consumed items. Our policy:

Damaged or defective products: Contact us within 7 days of delivery with photographic evidence of the damage. We will replace the affected items or issue a store credit or refund at our discretion.
Incorrect orders: If you receive the wrong items, contact us within 7 days. We will ship the correct items and arrange return of the incorrect items at no cost to you.
Unopened products: Unopened products in original condition may be returned within 14 days of delivery for a refund of the product price (excluding original shipping). Return shipping costs are the customer’s responsibility unless the return is due to our error.
Lost shipments: If your tracking shows delivery but you have not received your order, contact us within 10 days of the tracked delivery date. We will work with the carrier to investigate and, where appropriate, reship or refund.
Subscription charges: Refunds on subscription charges are not available except as required by applicable state law or as described above for damaged/incorrect goods.

To initiate a return or report an issue, use the contact form at brewshock.com/pages/contact. Refunds, when issued, will be applied to the original payment method within 5–10 business days.

6. Heroes Program — Military, Law Enforcement, First Responders, and Educators

The Brew Shockalaka Heroes Program offers exclusive discounts to eligible military personnel (active duty, reserve, veterans), law enforcement officers, first responders (fire, EMS, paramedics), and educators. The program is administered in partnership with GovX, an independent third-party eligibility verification provider.

Eligibility is determined solely by GovX based on documentation you submit to their platform. Brew Shockalaka does not receive or review your underlying verification documents.
Heroes Program discounts are non-transferable, may not be combined with other offers unless expressly stated, and are for personal use only. Use of discounts for resale or commercial purposes is prohibited.
Discount access is subject to continued eligibility. We reserve the right to revoke access if eligibility cannot be confirmed, if the discount is misused, or if the program is discontinued.
GovX’s terms of service and privacy policy govern your interaction with their verification platform. We are not responsible for GovX’s practices or any issues arising from your interaction with their service.
We reserve the right to modify, suspend, or discontinue the Heroes Program at any time with reasonable notice.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on the Site, including but not limited to the Brew Shockalaka name and logo, “Coffee Evolved™” trademark, product names, marketing copy, photographs, graphics, videos, audio, user interface designs, software, source code, and the overall “look and feel” of the Site (collectively, “Company Content”), is owned by or licensed to Brew Shockalaka and is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view Company Content solely for personal, non-commercial use in connection with the Services. You may not:

Copy, reproduce, republish, upload, post, transmit, or distribute Company Content without express written permission
Modify, adapt, translate, create derivative works from, or reverse engineer any Company Content or software
Use any Company trademarks, logos, or trade names without prior written consent
Frame or mirror any portion of the Site without prior written consent
Use automated tools (bots, scrapers, crawlers) to extract data from the Site

7.2 User-Generated Content

If you submit, post, or transmit any content to us — including reviews, testimonials, photos, social media tags, creator submissions, or other materials ("User Content") — you grant Brew Shockalaka a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in any media format, now known or later developed, for any business purpose, including marketing and advertising.

You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) the User Content does not infringe any third party’s intellectual property, privacy, or publicity rights; (c) the User Content does not violate any applicable law; and (d) you have the consent of any identifiable individuals depicted in the User Content.

We reserve the right to remove any User Content at our discretion without notice.

7.3 Artificial Intelligence — Content Generation and Use Policy

In keeping with current industry standards and emerging best practices as of 2025, Brew Shockalaka discloses the following regarding AI-generated content:

AI-Generated Marketing Content: We may use artificial intelligence tools (including large language models and generative image AI) to assist in drafting marketing copy, product descriptions, social media content, email campaigns, and advertising creatives. Such content is reviewed and approved by human team members before publication, but may incorporate AI-assisted generation.

AI-Generated Images and Visual Content: Some images, graphics, or visual assets displayed on our Site, social media channels, or marketing materials may be generated in whole or in part using AI image-generation tools. Where required by applicable law or platform policy, such content will be labeled. Users should not assume that AI-generated imagery depicts actual people, places, or events.

Prohibition on Unauthorized AI Use of Our Content: You may not use our Site content, product images, marketing materials, or any Company Content as training data for artificial intelligence models, machine learning datasets, or automated scraping projects, whether commercial or non-commercial, without our express prior written consent. This restriction applies regardless of whether such use would otherwise qualify as fair use under applicable copyright law.

AI-Assisted Customer Interactions: We may use AI-assisted tools in our customer support, chat, or email functions. Interactions with AI tools are subject to these Terms and our Privacy Policy. You may request to speak with a human representative at any time.

No AI-Generated Health or Medical Claims: Any product descriptions, ingredient explanations, or wellness-related statements on our Site are not intended as medical advice. AI-generated or AI-assisted content does not constitute professional medical, nutritional, or health advice.

8. Prohibited Conduct

You agree not to use the Site or Services to:

Violate any applicable federal, state, local, or international law or regulation
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Use false identity information to obtain Heroes Program or other discounts to which you are not entitled
Engage in unauthorized data collection, scraping, crawling, or harvesting of content from the Site
Transmit any unsolicited commercial communications (spam)
Introduce viruses, malware, ransomware, or other malicious code
Attempt to gain unauthorized access to any part of the Site, accounts, or systems
Interfere with or disrupt the integrity or performance of the Site or third-party infrastructure
Engage in any activity that could damage, disable, overburden, or impair the Site
Use the Site for any fraudulent, deceptive, or illegal purpose
Purchase products for resale, drop-shipping, or commercial redistribution without a wholesale agreement with us
Use AI tools or automated scripts to create fake reviews, manipulate ratings, or generate deceptive content about our products
Circumvent, disable, or interfere with security-related features of the Site

9. Third-Party Services, Links, and Platforms

Our Services integrate with and link to third-party platforms and services, including but not limited to:

Shopify — e-commerce platform powering our store
Payment processors — Shopify Payments, Stripe, PayPal, and similar services
GovX — Heroes Program eligibility verification
Social media platforms — Facebook, Instagram, YouTube, TikTok, LinkedIn
Shipping carriers — UPS, FedEx, USPS, and others
Analytics and advertising platforms — Google, Meta, TikTok, and others

These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the content, practices, availability, or actions of any third-party services. Links to third-party websites do not constitute endorsement of those sites or their operators.

Third-party platforms may use your data independently in accordance with their own policies. We encourage you to review the terms and privacy policies of any third-party services you access through or in connection with our Site.

10. Electronic Communications, Email, and SMS Marketing

By creating an account or placing an order, you consent to receive transactional communications (order confirmations, shipping updates, subscription notifications) electronically. These communications are necessary to fulfill our contract with you and cannot be opted out of while your account is active.

With your separate express consent, we may send promotional and marketing communications by email or SMS. You may opt out of marketing emails by clicking the unsubscribe link in any marketing email. You may opt out of SMS marketing by replying STOP to any text message. Standard message and data rates may apply to SMS communications.

By opting into SMS marketing, you agree that we or our SMS platform providers may send automated marketing messages to the mobile number you provided. Consent to SMS marketing is not a condition of purchase.

We comply with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and applicable state telemarketing laws. If you believe you have received communications in error, please contact us immediately.

11. Disclaimers and No Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BREW SHOCKALAKA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Site will be uninterrupted, error-free, or free of viruses or other harmful components; (b) any defects will be corrected; (c) the results obtained from using the Services will be accurate or reliable; or (d) the quality of any products, services, or information obtained through the Site will meet your expectations.

Product statements regarding nootropics, energy, hydration, mental clarity, or other functional benefits have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Consult a qualified healthcare professional before consuming our products if you have any medical condition, are pregnant or nursing, or are taking any medication.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREW SHOCKALAKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total amount you paid us in the 12 months preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Brew Shockalaka, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) any User Content you submit; or (e) your fraudulent, negligent, or willful misconduct.

14. Dispute Resolution, Arbitration, and Class Action Waiver

14.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at brewshock.com/pages/contact and describe your complaint in detail. We will attempt to resolve the dispute informally within 30 days. Many concerns can be resolved quickly through direct communication.

14.2 Binding Arbitration

If informal resolution fails, you and Brew Shockalaka agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including their formation, applicability, breach, termination, validity, or enforceability) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in a court of law.

The arbitration shall take place in [INSERT COMPANY STATE], unless the parties agree otherwise. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 CLASS ACTION WAIVER

YOU AND BREW SHOCKALAKA EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims within the jurisdictional limit of small claims court may be brought in that court.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions in Section 14 within 30 days of first accepting these Terms by sending written notice to us via the contact page at brewshock.com/pages/contact with the subject line "Arbitration Opt-Out." If you opt out, disputes shall be resolved under Section 15.2.

15. Governing Law and Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict-of-law principles. For disputes not subject to arbitration, you and Brew Shockalaka consent to the exclusive jurisdiction and venue of the state and federal courts located in [INSERT COUNTY, STATE].

If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. We make no representation that the Site or its content is appropriate or available in other locations.

16. Wholesale, Retail Partners, and Creator Program

16.1 Wholesale and Retail

Wholesale or retail partnership inquiries are subject to a separate Wholesale Agreement. Nothing in these Terms creates any wholesale, distributor, or franchise relationship. Wholesale purchasers must comply with applicable resale laws, labeling requirements, and any product-specific restrictions communicated by us.

16.2 Brew Crew Creators Program

Participation in the Brew Crew creator or affiliate program is subject to a separate Creator Agreement presented at the time of application. Creators must comply with all applicable Federal Trade Commission (FTC) endorsement guidelines, including conspicuous disclosure of any material connection (free products, compensation, or affiliate commissions) when promoting our products on social media or other platforms. Failure to make required disclosures is a violation of these Terms and the Creator Agreement and may result in program termination and legal liability.

We reserve the right to modify, suspend, or terminate the creator program at any time.

17. Website Accessibility

Brew Shockalaka is committed to making our Site accessible to users with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience difficulty accessing any portion of our Site, please contact us and we will make reasonable efforts to provide the information in an alternative format or through an alternative means.

18. Additional Provisions for California Residents

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California residents waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

19. Copyright Infringement — DMCA Policy

If you believe that content on our Site infringes your copyright, please submit a written notice to us containing the following information as required by the Digital Millennium Copyright Act (DMCA):

A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material and its location on the Site
Your contact information (address, telephone number, email)
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf

Send DMCA notices to us via the contact page at brewshock.com/pages/contact with the subject line "DMCA Notice." We will respond to valid DMCA notices in accordance with applicable law and reserve the right to terminate accounts of repeat infringers.

20. Product Safety and Recall Notices

In the event of a product recall or safety notice, we will notify affected customers via the email address associated with their account and post a notice on our Site. It is your responsibility to maintain an accurate email address in your account. We are not liable for inability to reach you due to inaccurate contact information. In the event of a recall, you agree to follow the instructions provided, which may include ceasing use of the product and returning or destroying it per our instructions.

21. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, cyberattacks, or failures of third-party infrastructure or services. We will make commercially reasonable efforts to resume performance as soon as practicable.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy (available at brewshock.com), and any additional terms applicable to specific programs (Heroes Program, Creator Program, Wholesale Agreement), constitute the entire agreement between you and Brew Shockalaka with respect to the Services and supersede all prior and contemporaneous understandings.

22.2 Severability

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

22.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

22.5 Notices

We may provide notices to you via email, postal mail, or a prominent posting on the Site. You may provide notices to us via the contact form at brewshock.com/pages/contact. Notices to us are effective upon our actual receipt.

22.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing herein shall be construed to give any third party any right to enforce any provision of these Terms.

22.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

23. Contact Information

For questions, concerns, or to exercise any rights under these Terms or our Privacy Policy, please contact us:

Brew Shockalaka

Website: https://brewshock.com

Contact Form: https://brewshock.com/pages/contact

For legal notices, please include "Legal Notice" in the subject line.

Terms & Conditions