Terms of service

TERMS AND CONDITIONS
Ear Candy
Last updated: August 8, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. You may opt out of arbitration as described in Section 24. Please review Sections 20 through 25 carefully.

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") form a binding agreement between you and Ear Candy ("we", "us", "our", or the "Company") governing your access to our website, related websites and mobile applications (the "Website"), and your purchase of any products offered through them (the "Products").

By accessing the Website or placing an order, you represent that you are at least eighteen (18) years old, that you have the legal capacity to enter into contracts, and that you accept these Terms in their entirety. If you do not agree, do not use the Website.

1.1 Electronic Assent; Clickwrap

Where indicated, you must take an affirmative action — such as checking an unchecked box or clicking a clearly labeled button — to acknowledge your agreement before completing a transaction. That action constitutes your legally binding electronic signature and consent.

1.2 Modifications to Terms

We may revise these Terms at any time. We will provide notice by email, account notification, or a notice posted on the Website. Your continued use of the Website or placement of further orders after such notice constitutes acceptance of the revised Terms.

2. ACCESS TO WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. We reserve the right to modify, suspend, discontinue, restrict, or terminate the Website or your access to it at any time, without notice and without liability to you.

3. ACCOUNT SECURITY

If you create an account, you must provide accurate and complete information and keep your credentials confidential. You are responsible for all activity under your account. You must promptly notify us of any unauthorized access. We may suspend or disable any account that we believe has violated these Terms.

4. PROHIBITED USES

You agree not to: violate any applicable law or regulation; access the Website by automated means, including scrapers, bots, or crawlers; interfere with or circumvent any security feature; upload or transmit malicious code; engage in fraudulent activity, including fraudulent chargebacks or payment disputes; impersonate any person or entity; resell Products without our written authorization; or attempt to gain unauthorized access to any system, account, or data. We reserve the right to investigate suspected violations and to take any lawful enforcement action.

5. INTELLECTUAL PROPERTY

All content on the Website — including text, images, photographs, video, graphics, trademarks, trade dress, logos, software, and design elements — is owned by or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise exploit any content without our prior written consent.

6. PRODUCT INFORMATION; DISCLAIMERS

We make reasonable efforts to describe and display Products accurately. Product images are illustrative; actual colors, packaging, dimensions, and appearance may vary. Nothing on the Website is a guarantee of any particular result or outcome.

6.1 Dietary Supplements and Ingestible Products

To the extent any Product offered is a dietary supplement or other ingestible product: statements made regarding that Product have not been evaluated by the United States Food and Drug Administration. Such Products are not intended to diagnose, treat, cure, or prevent any disease. Information on the Website is provided for educational purposes only and is not medical advice. You should consult a qualified healthcare professional before beginning any supplement program, and particularly if you are pregnant, nursing, taking medication, or living with a medical condition.

6.2 No Medical or Professional Advice

Content on the Website does not constitute medical, health, legal, financial, or other professional advice. You acknowledge that any reliance on Website content is at your own risk.

6.3 Reliance Disclaimer; Testimonials

We disclaim all liability arising from your reliance on Website materials, your interpretation of any Product, or third-party content. Reviews, testimonials, and user-submitted content reflect the individual opinions and experiences of their authors and do not necessarily reflect our views. Individual results vary and are not guaranteed.

7. COMMUNICATIONS; ELECTRONIC CONSENT

By using the Website or placing an order, you consent to receive communications from us electronically, including order confirmations, shipping notifications, service and account updates, and — where you have opted in — marketing communications. You may unsubscribe from marketing emails using the link in any such email. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

8. PRIVACY

8.1 Privacy Policy

All information we collect is handled in accordance with our Privacy Policy. Your use of the Website constitutes consent to the collection and use of information consistent with that policy.

8.2 Cookies and Tracking Technologies

The Website uses cookies, pixels, tags, and similar technologies operated by us and by third parties to operate the Website, analyze performance, personalize content, and support advertising and measurement. Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy.

9. PAYMENTS AND BILLING

9.1 Orders Are Offers

Your order is an offer to purchase, not a binding acceptance. We reserve the right to refuse, limit, or cancel any order for any reason, including suspected fraud, pricing or description errors, order quantity limits, or product unavailability. Unless stated otherwise, prices are in U.S. dollars and are subject to change without notice.

9.2 Payment Authorization

By submitting payment information, you represent that you are authorized to use the payment method and that the information you provide is accurate. You authorize us to charge that payment method for the Product price, applicable shipping, taxes, and any other disclosed fees, and — where applicable — for recurring subscription charges. Declined or failed payments may result in order suspension or cancellation.

9.3 Third-Party Payment Processors

Payments may be processed by third-party providers. Their terms and privacy policies apply to their handling of your information. We are not responsible for errors, outages, or acts of any payment processor.

9.4 Promotions, Discounts, and Pricing Errors

Promotional pricing, discount codes, and bundle offers are limited-time, may be modified or withdrawn at any time, and may not be combined unless expressly stated. If a Product is listed at an incorrect price due to a typographical, system, or pricing error, we reserve the right to cancel any order placed at that price, whether or not the order has been confirmed.

10. SHIPPING; TITLE; RISK OF LOSS

Products are shipped by third-party carriers. Title and risk of loss pass to you upon the carrier's delivery to the shipping address you provided. Carrier delivery confirmation shall be deemed conclusive proof of delivery, whether or not a signature was obtained, and constitutes sufficient evidence of delivery for the resolution of any dispute, including any payment dispute or chargeback.

We are not responsible for delays or losses caused by the carrier, weather, customs processing, strikes, or an incorrect, incomplete, or undeliverable address supplied by you. You are responsible for entering an accurate shipping address at checkout. International customers are responsible for all customs duties, import taxes, and fees assessed by the destination country.

11. AVAILABILITY; ERRORS; INACCURACIES

We may change Product information, pricing, and availability at any time without notice. The Website may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any error and to cancel any affected order.

12. FORCE MAJEURE

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, labor disputes, supply chain disruption, governmental action, war, terrorism, internet or infrastructure failure, payment processor outage, or carrier delay. Our performance is excused for the duration of the event.

13. SUBSCRIPTIONS; AUTOMATIC RENEWAL; CANCELLATION

This Section applies only where the Website offers, and you enroll in, a subscription or recurring-delivery option ("Subscription Services"). If you have not enrolled in a Subscription Service, this Section does not apply to your order.

13.1 Enrollment

Subscription Services provide automatic recurring shipments at the frequency you select. By enrolling, you authorize us to charge your payment method automatically at the selected interval until you cancel.

13.2 Clear and Conspicuous Disclosure; Affirmative Consent

At enrollment, the billing terms — including the recurring nature of the charge, the billing frequency, the charge amount, and the cancellation method — are presented to you clearly and conspicuously. You must take an affirmative action acknowledging the recurring charge before enrollment completes. That action constitutes your express informed consent.

13.3 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE at the same billing interval you selected at checkout. Additional renewal reminders are not provided unless required by law. We will give advance notice of any price change as required by applicable law.

13.4 How to Cancel

You may cancel at any time. To avoid the next scheduled charge, your cancellation must be completed at least twenty-four (24) hours before the next billing date. You may cancel by:

1. logging into your account and following the cancellation instructions;
2. using any "Cancel Subscription" feature available in your account;
3. emailing hello@vivaharbor.com; or
4. using any third-party subscription management portal we make available.

We do not require you to call a live representative in order to cancel. Requests submitted through the account portal are effective upon confirmation. After cancellation takes effect, no further charges are made and no further shipments are sent beyond the current billing cycle.

13.5 Account Updater

We may use automatic account updater services offered by card networks and issuers to refresh stored payment credentials. Updated payment methods will be charged for continuing subscriptions. If you do not want this, remove your stored payment method or cancel your subscription.

13.6 Failed Payments; Reaffirmation of Authorization

If a recurring charge fails, you authorize us to retry the charge, to request updated payment information, and to suspend shipments until payment is received. Your continued enrollment constitutes a reaffirmation of your payment authorization. Unpaid balances may be referred for collection where permitted by law.

14. SMS / MOBILE MESSAGING PROGRAM

This Section applies only where we offer, and you opt into, a mobile messaging program.

14.1 Consent to Receive Messages

By opting in, you expressly consent to receive recurring marketing and transactional text messages, which may be sent using an automatic telephone dialing system or prerecorded means, at the mobile number you provide. You acknowledge that consent is not a condition of any purchase, that message frequency varies, and that message and data rates may apply.

14.2 Opt-Out

You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. You agree that these are the exclusive methods of opting out. You may receive a confirmation message after opting out.

14.3 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Delivery depends on transmission by your wireless provider.

14.4 Age Restriction

Persons under thirteen (13) may not participate. Persons aged thirteen (13) to eighteen (18) require the consent of a parent or legal guardian.

14.5 Program Description; Message Frequency

Subscribers may receive recurring marketing and transactional messages, including promotions, product announcements, cart and checkout reminders, order confirmations, shipping notifications, and customer service communications. Frequency varies based on your interactions and account activity.

15. USER CONTENT

The Website may permit you to submit reviews, testimonials, photographs, or comments ("User Content"). By submitting User Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content for any business or marketing purpose, in any media now known or later developed, without compensation or attribution. You represent that you own or control all rights in the User Content, that it does not infringe any third-party right, and that it is truthful and reflects your genuine experience.

15.1 Monitoring and Enforcement

We reserve the right, but assume no obligation, to monitor, edit, refuse to post, or remove any User Content, and to suspend or terminate access for violations.

15.2 Law Enforcement Cooperation

We reserve the right to cooperate fully with law enforcement authorities or any court order requesting or directing disclosure of the identity or information of any user. You waive and hold us harmless from any claim arising out of such good-faith disclosure.

16. DISCLAIMERS

THE WEBSITE, THE PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, and availability. We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Website is free of viruses or other harmful components, or that any Product will meet your expectations.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, including lost profits, lost data, loss of goodwill, or business interruption, arising out of or relating to these Terms, the Website, your inability to use the Website, any Product, any Subscription Service, or our advertising or marketing practices.

This limitation applies regardless of the theory of liability, whether contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if we have been advised of the possibility of such damages.

17.1 Cap on Direct Damages

Our total aggregate liability for any claim shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). This is your sole and exclusive remedy.

17.2 Allocation of Risk

You acknowledge that our pricing reflects this allocation of risk and that we would not enter into this agreement without these limitations.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to your violation of these Terms, your misuse of the Website or any Product, your violation of any law, or your violation of any third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

19. LIMITATION ON TIME TO FILE CLAIMS

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. Any claim not commenced within that period is permanently barred. This applies to claims sounding in contract, tort, statute, fraud, misrepresentation, or any other legal theory, except where prohibited by applicable law.

20. DISPUTE RESOLUTION; BINDING ARBITRATION

20.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Website, any Product, any subscription or automatic renewal, or our advertising or marketing practices shall be resolved exclusively through binding, confidential, individual arbitration. "Dispute" is to be interpreted as broadly as the law allows.

20.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. The arbitrator shall decide all threshold questions of arbitrability, including the scope, validity, and enforceability of this agreement to arbitrate.

20.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send a written Notice of Dispute stating the claimant's full name, mailing address, email address, a description of the claim, and the specific relief sought. If you are initiating, send your Notice of Dispute by email to hello@vivaharbor.com with the subject line "Notice of Dispute". The parties shall engage in good-faith efforts to resolve the dispute for thirty (30) days after the Notice of Dispute is sent before either party may file for arbitration.

20.4 Reservation of Self-Help Remedies

Nothing in this Section prevents us from exercising lawful self-help remedies, including responding to and contesting chargebacks, pursuing collection, suspending or terminating your account, offsetting amounts owed, or otherwise enforcing payment obligations as permitted by law.

20.5 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. If the AAA declines to administer, the parties shall mutually select another nationally recognized arbitration provider; if they cannot agree, a court of competent jurisdiction shall appoint one.

Arbitration shall proceed before a single neutral arbitrator, who is authorized to award any remedy available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, other equitable relief, and attorneys' fees where authorized by law. The arbitrator may not award relief on a class, collective, representative, or consolidated basis.

20.6 Arbitration Costs

Filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA Consumer Arbitration Rules. Where those rules so require, we will bear fees exceeding the equivalent cost of filing in court. Each party bears its own attorneys' fees unless applicable law provides otherwise.

20.7 Small Claims Exception

Either party may bring an individual action in small claims court in lieu of arbitration, provided the action remains individual and in that forum.

20.8 Equitable and Protective Relief

Notwithstanding this arbitration agreement, we may seek temporary, preliminary, or permanent injunctive or other equitable relief in the state or federal courts located in the State of Wyoming for claims relating to intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or any violation threatening irreparable harm. You consent to the exclusive jurisdiction and venue of those courts for these limited purposes.

20.9 Public Injunctive Relief

To the extent applicable law prohibits waiver of claims for public injunctive relief, such claims may be brought in a court of competent jurisdiction. All other claims, including all claims for monetary, individualized, or non-public injunctive relief, remain subject to binding arbitration.

21. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. You waive any right to participate in a class action, to serve as a class representative, to bring a private attorney general action, or to join or consolidate claims with those of any other person. The arbitrator has no authority to conduct any class proceeding.

22. MASS ACTION WAIVER

No dispute shall be brought as a "Mass Action", defined as twenty-five (25) or more similar arbitration demands filed within a one hundred eighty (180) day period and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without our consent.

22.1 Batching

If the conditions for a Mass Action are met, claims shall be grouped into batches of no more than two hundred (200) claimants. Only one batch shall proceed at a time, with a separate arbitrator appointed for each batch. All applicable statutes of limitation shall be tolled during the batching process.

22.2 Special Master

A neutral Special Master may be appointed to resolve procedural disputes concerning the administration of any Mass Action.

23. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

24. OPT-OUT RIGHT

You may opt out of the arbitration agreement, class action waiver, and mass action waiver by sending written notice within thirty (30) days of your first acceptance of these Terms. Send your opt-out notice by email to hello@vivaharbor.com with the subject line "Arbitration Opt-Out", including your full name, mailing address, email address, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

25. CLAIM-SPECIFIC SEVERABILITY

If any portion of the arbitration agreement is found unenforceable as to a particular claim or request for relief, that claim or request shall proceed in a court of competent jurisdiction while all other claims remain subject to arbitration.

26. GOVERNING LAW

Except as otherwise provided in Section 20, these Terms and any dispute arising out of them are governed by the laws of the State of Wyoming, without regard to its conflict-of-law principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

27. MISCELLANEOUS

These Terms, together with the Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and us and supersede all prior understandings. No waiver of any provision is a continuing waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their successors and permitted assigns. No ambiguity shall be construed against the drafting party. The provisions concerning dispute resolution, arbitration, the class action waiver, the mass action waiver, limitation of liability, indemnification, intellectual property, and payment obligations survive any termination of these Terms.

CONTACT

Ear Candy
Email: hello@vivaharbor.com