Terms of service

Welcome to the Stoned Ape family! These Terms of Service (the “Terms”) and our Privacy Notice (the “Privacy Notice”) govern your use of the website located at https://stonedape.xyz (the “Site”) and the services offered by Stoned Ape, Inc. (“Stoned Ape”, “we”, “our”, or “us”), including the sale of our nootropic supplements, cognitive enhancers, apparel, and other products (collectively, the “Products”). The Site and our services are collectively referred to as the “Services.”

AS A U.S. CUSTOMER, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND STONED APE WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT, EXCEPT FOR LIMITED EXCEPTIONS DESCRIBED IN SECTION 17 BELOW. PLEASE REVIEW SECTION 17 CAREFULLY.

THE INFORMATION PROVIDED THROUGH THE SERVICES IS NOT MEDICAL ADVICE. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING ANY DIETARY SUPPLEMENTS. 

1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Privacy Notice. Please review our Privacy Notice for information on how we collect, use, and share your information.
3. Changes to Terms or Services. We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
4. Eligibility. You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.
5. Feedback. Any feedback you submit may be used by us without restriction or compensation.
6. Order Acceptance and Cancellation. All orders are subject to acceptance by Stoned Ape. An order is not accepted until you receive a confirmation email. Orders may be canceled prior to confirmation by contacting support@stonedape.xyz.
7. Payment Terms.
   1. Subscriptions. Subscription products require a minimum three-shipment commitment due to product efficacy timelines and discounted pricing.
   2. Recurring Payments. By purchasing a subscription, you authorize recurring, non-refundable charges until cancellation.
   3. Cancellation. Subscriptions may be canceled after the initial three-shipment commitment. Cancellations take effect at the end of the current billing period.
   4. Auto-Renewal. Subscriptions automatically renew unless canceled.
8. Transaction Information. All payments are non-refundable except as expressly stated in these Terms.
9. Shipping and Risk of Loss. Title and risk of loss pass to you upon delivery to the carrier. Shipping dates are estimates only.
10. Returns and Refunds.
    1. Damaged or Defective Items. Claims for damaged or defective items must be made within 72 hours of delivery by contacting support@stonedape.xyz.
    2. Supplement Products. Due to safety and health regulations, all supplement products are final sale and non-returnable. No refunds will be issued for opened or unopened supplements, except in cases of damage or defect during shipment.
    3. Merchandise (Apparel & Non-Consumables). Unworn, unused merchandise may be returned within thirty (30) days of delivery with proof of purchase. Returned items must be in original condition. Shipping costs are non-refundable.
    4. Return Authorization. All returns require prior authorization. Contact support@stonedape.xyz to obtain a return label before shipping.
    5. Return Address. Returns should be sent to: 615 S. Gladiola St., Salt Lake City, UT 84104 (Attn: Stoned Ape).
    6. Refund Processing. Approved refunds will be processed within fourteen (14) business days to the original payment method.
11. Export Restrictions. Products are sold for personal use within the United States only.
12. Prohibited Conduct. You agree not to misuse the Services or violate applicable laws.
13. Third-Party Links. We are not responsible for third-party websites or resources.
14. Termination. We may suspend or terminate access at our discretion. Sections that by their nature should survive termination will do so.
15. Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STONED APE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
17. Intellectual Property. All content and trademarks are owned exclusively by Stoned Ape.
18. Governing Law. These Terms are governed by California law, subject to arbitration provisions.
19. Dispute Resolution. Disputes will be resolved through binding individual arbitration.
20. General Terms. These Terms constitute the entire agreement between you and Stoned Ape.

21. SMS Terms.

    By enrolling in or using our SMS service, you agree to these SMS Terms. We may change or discontinue the service or its features at any time without notice. Continued use after any change to these SMS Terms means you accept them.

    By opting in, you agree to receive recurring SMS/text messages from or on behalf of Stoned Ape, Inc. at the number you provided. Messages may be sent using an automatic dialing system or other automated technology and are powered by Recharge, Inc. Messages may include transactional (e.g., order updates, account alerts) and promotional content (e.g., special offers, product launches, cart reminders).

    Your consent is not required to make a purchase. Participation is voluntary. Message frequency may vary. Standard message and data rates may apply; check with your carrier for details.

    To opt out, reply “STOP” to any message. For help, contact us at support@stonedape.xyz.

    Stoned Ape, Inc. is not responsible for delayed or undelivered messages. Carriers are not liable for message delays or failures. If your mobile number changes, you must re-enroll to continue receiving messages.

    If your number is on a Do Not Call registry, your consent still allows us to message you, as permitted by law.

    For details on how we collect, use, and protect your data, see our [Privacy Policy](https://www.stonedape.xyz/policies/privacy-policy).

22. Contact Information.
    1. Phone: 661-312-1735
    2. Email: support@stonedape.xyz
    3. Address: 7190 W Sunset Blvd #97D, Los Angeles, CA 90046