Terms of service
Terms of Service
Last Updated: March 17, 2025
Welcome to Wittles Kids! These Terms of Service (“Terms”) govern your access to and use of the website (the “Site”) and subscription services (the “Services”) provided by WittlesKids (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Overview of Services
Wittles Kids provides a subscription-based service offering healthy chocolate milk powder mix designed for kids, along with any related products and promotions.
2. Eligibility
To use our Services, you must:
• Be at least 18 years old or the legal age of majority in your jurisdiction.
• Provide accurate, complete, and current information during account registration and subscription checkout.
By using the Site or Services, you represent that you meet these eligibility requirements.
3. Subscription Terms
3.1 Subscription Plans
• We offer recurring subscription plans for our products. By subscribing, you authorize us to charge your selected payment method automatically at the frequency specified (e.g., monthly or quarterly).
• Subscription plans may vary by pricing, frequency, or product selection. Details are available at checkout.
3.2 Billing and Payments
• All payments must be made via a valid credit or debit card or other accepted payment methods listed on our Site.
• Subscription fees will be billed automatically on the subscription renewal date. You authorize Wittles Kids to store your payment information securely and charge your selected payment method.
• Taxes and shipping fees will be added to your subscription cost unless otherwise stated.
3.3 Free Trial or Promotions
• From time to time, we may offer free trials or promotions (e.g., “First Month Free”). After the trial or promotional period, regular subscription charges will apply unless canceled before the renewal date.
4. Cancellations and Modifications
4.1 Cancellation Policy
• You may cancel your subscription at any time by logging into your account or contacting customer support at wittles@wittleskids.com.
• To avoid being billed for the next subscription cycle, cancellations must be made at least 24 hours before the renewal date.
4.2 Modifying Your Subscription
• You may update your subscription preferences (e.g., frequency or product selection) through your account settings or by contacting customer support.
• Changes to subscriptions, such as upgrades or downgrades, may affect pricing and renewal dates.
5. Shipping and Delivery
5.1 Shipping Policies
• We currently ship within the United States.
• Delivery times may vary based on location and shipping method. Estimated delivery times will be provided at checkout.
5.2 Failed Deliveries
• We are not responsible for failed deliveries due to incorrect shipping addresses or circumstances beyond our control. Please ensure your shipping information is accurate before placing an order.
6. Refunds
All sales are final and non-refundable except where required by law.
Refunds are only granted in limited circumstances and are issued solely at the discretion of Wittles Kids LLC ("Wittles").
We do not offer refunds on:
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Discounted orders, including any promotional offers (e.g., introductory discounts such as "50% off your first month").
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Subscription charges that have already been processed.
You are responsible for canceling your subscription prior to your next billing date to avoid future charges.
Requests for refunds on non-discounted, fully paid orders must be submitted by contacting our support team at support@wittleskids.com.
Approval of any refund request is not guaranteed and is subject to review.
Refunds, if approved, will be processed to the original payment method. Wittles is not responsible for any fees or delays incurred by your bank or payment provider.
7. Intellectual Property
• All content on the Site, including text, images, logos, and graphics, is the property of Wittles Kids or its licensors and is protected by copyright, trademark, and other intellectual property laws.
• You may not use, reproduce, distribute, or modify our content without prior written consent.
8. Limitation of Liability
To the fullest extent permitted by law:
• Wittles Kids is not liable for any indirect, incidental, or consequential damages resulting from your use of the Services or Site.
• Our products are intended for general health purposes. We make no guarantees about specific health outcomes. Always consult a healthcare provider before making dietary changes for your child.
9. User Responsibilities
• You agree to use our Site and Services only for lawful purposes.
• You are responsible for maintaining the security of your account, including keeping your login credentials confidential.
10. Privacy
Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.
11. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Services constitutes your acceptance of any updated Terms.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles.
13. Contact Us
For questions about these Terms or our Services, contact us at:
Email: wittles@wittleskids.com
Wittles Kids SMS Marketing Terms & Arbitration Agreement
By consenting to Wittles Kids’ SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link provided in our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://wittleskids.com/contact for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can view our Privacy Policy at https://wittleskids.com/policies/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement
1. Arbitration
By using or purchasing Wittles Kids products or services, you agree that any controversy, claim, action, or dispute between you and Wittles Kids arising out of or relating to:
(a) these Terms, or the breach thereof;
(b) your access to or use of Wittles Kids’ website, services, or materials; or
(c) any alleged violation of any federal, state, or local law, statute, or ordinance (each such controversy or claim, a “Claim”),
shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
2. Arbitration Procedures
Claims shall be heard by a single arbitrator. Arbitrations shall be held in California, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (FAA) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
3. Exclusion from Arbitration
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Wittles Kids’ products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address].
Your written notification must include:
Your name,
Your address, and
A clear statement that you do not wish to resolve disputes through arbitration.
Your decision to opt-out will have no adverse effect on your relationship with Wittles Kids. You are responsible for ensuring Wittles Kids’ receipt of your opt-out notice, and you therefore may wish to send the notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Claim in arbitration.
Class Action Waiver
You and Wittles Kids agree that you may bring or participate in Claims against Wittles Kids only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Wittles Kids agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Optional Additions
• “Referral Program” Clause: If you offer a referral program, outline the terms (e.g., eligibility, rewards, and restrictions).
• “Automatic Renewal Disclosure”: Reiterate that subscriptions renew automatically unless canceled.