TERMS OF SERVICE

Last Updated: 13 Aug 2026

These Terms of Service ("Terms") govern your access to and use of the 8PM website, products, checkout, subscriptions, customer accounts, and related services.

The website and 8PM products are operated and sold by Nourished Natural Health, Inc referred to in these Terms as "8PM," "we," "us," or "our."

By accessing our website, creating an account, placing an order, or purchasing a subscription, you agree to these Terms.

If you do not agree to these Terms, do not use our services or purchase our products.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase from 8PM.

Our products are intended for adults unless expressly stated otherwise.

2. Dietary Supplement Disclaimer

8PM sells dietary supplements.

Statements made about our products have not been evaluated by the U.S. Food and Drug Administration.

Our products are not intended to diagnose, treat, cure, or prevent any disease.

Information provided through our website, advertisements, emails, social media, product packaging, articles, or other materials is provided for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Always follow the directions on the product label.

Consult an appropriately qualified healthcare professional before using a dietary supplement if you:

• are pregnant or nursing;

• are under 18;

• have a medical condition;

• take prescription or other medications; or

• have questions about whether a product is appropriate for you.

3. Product Information

We make reasonable efforts to display product descriptions, ingredients, Supplement Facts, photographs, packaging, and other information accurately.

Packaging, photography, product presentation, or minor product characteristics may change from time to time.

In the event of a conflict between website content and the physical product label regarding directions for use, warnings, ingredients, or Supplement Facts, you should follow the current physical product label and contact us if you have questions.

4. Orders

Submitting an order constitutes an offer to purchase the selected products under these Terms.

We reserve the right to accept, reject, limit, or cancel an order where reasonably necessary, including in cases involving:

• suspected fraud;

• pricing or technical errors;

• product availability;

• prohibited resale;

• misuse of promotions;

• payment failure; or

• suspected abuse of our policies.

If we cancel an order after payment has been collected and the product will not be supplied, we will refund the applicable amount.

5. Pricing

All prices are displayed in U.S. dollars unless stated otherwise.

Prices, discounts, bundles, promotional offers, and subscription pricing may change from time to time.

The price displayed and agreed to at checkout governs your initial purchase.

Applicable taxes, shipping charges, or other required charges will be displayed before purchase where applicable.

6. Discount Codes and Promotions

Promotional offers and discount codes:

• may have eligibility requirements;

• may expire;

• may be limited to specific products or customers;

• may not be combinable with other offers; and

• may be withdrawn or amended where permitted by law.

Unless expressly stated otherwise, promotions have no cash value.

We may reject or cancel use of a promotion where we reasonably believe it has been obtained, distributed, or used improperly.

7. Subscription Purchases

8PM offers recurring subscription purchase options.

When you purchase a subscription, you authorize us and our payment providers to automatically charge your selected payment method according to the frequency and price disclosed to you at checkout until the subscription is cancelled.

Monthly Subscription

Unless otherwise stated at checkout, a monthly subscription provides:

• one bottle per subscription cycle; and

• automatic recurring billing approximately every 30 days.

The applicable recurring price will be shown before you complete your purchase.

Quarterly Subscription

Unless otherwise stated at checkout, a quarterly subscription provides:

• three bottles per subscription cycle; and

• automatic recurring billing approximately every 90 days.

The applicable recurring price will be shown before you complete your purchase.

8. Subscription Consent

Before completing a subscription purchase, you will be shown material subscription terms, including the applicable:

• product;

• initial charge;

• recurring charge;

• billing frequency; and

• cancellation terms.

By completing the purchase, you expressly authorize recurring charges according to those disclosed terms until cancellation.

9. Subscription Renewals

Subscriptions automatically continue until cancelled.

Unless otherwise disclosed before purchase, your payment method will be charged at the beginning of each new subscription cycle.

Your renewal price will be the price applicable to your subscription at that time, subject to applicable law and any required notice of price changes.

You are responsible for ensuring that your payment information remains current.

10. Cancelling a Subscription

You may cancel your subscription through the customer subscription portal or by contacting us at:

hello@take8pm.com

Cancellation stops future subscription renewals.

To avoid an upcoming charge, cancellation must be completed before the applicable order or renewal has been processed.

Cancelling a subscription does not automatically cancel or refund an order that has already been processed.

Any applicable refund rights are governed separately by our Refund & Money Back Guarantee Policy.

11. Pausing, Skipping or Modifying a Subscription

Where available through our subscription platform, you may be able to:

• skip an upcoming shipment;

• pause your subscription;

• change your shipping address;

• change your payment method;

• change your next order date; or

• otherwise manage your subscription.

Available functionality may vary depending on the subscription platform and the status of your order.

Changes generally need to be made before an order has been processed.

12. Failed Subscription Payments

If a recurring payment fails, we or our payment provider may attempt to process the payment again.

We may contact you to update your payment method.

A subscription may be paused or cancelled after repeated payment failures.

13. Money Back Guarantee

Certain first subscription orders qualify for an 8PM Money Back Guarantee.

Unless otherwise stated:

Quarterly Subscription

The first qualifying quarterly subscription order is covered by a 90-Day Money Back Guarantee, beginning on the fulfillment date.

Monthly Subscription

The first qualifying monthly subscription order is covered by a 30-Day Money Back Guarantee, beginning on the fulfillment date.

The Money Back Guarantee:

• applies only once per customer;

• applies only to the first qualifying subscription order;

• does not apply to renewals;

• does not apply to one-time purchases;

• does not apply separately to upsells or additional purchases; and

• does not restart when a subscription is changed, cancelled, or restarted.

Full terms are contained in our Refund & Money Back Guarantee Policy, which is incorporated into these Terms by reference.

14. One-Time Purchases

One-time purchases are final sale and are not eligible for the Money Back Guarantee.

This does not limit remedies available for damaged, defective, incorrect, incomplete, or otherwise legally protected purchases.

15. Shipping and Delivery

Shipping availability, cost, and estimated delivery information will be displayed where applicable during checkout.

Delivery estimates are estimates only unless expressly guaranteed.

You are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered because an incorrect or incomplete address was provided, additional shipping or replacement charges may apply where permitted by law.

Risk relating to lost, stolen, damaged, or misdelivered shipments will be handled in accordance with applicable law and our carrier and fulfillment procedures.

If you experience a delivery issue, contact hello@take8pm.com

16. Title and Risk of Loss

To the extent permitted by applicable law, title and risk of loss for physical products pass according to the shipping and delivery terms applicable to your order.

Nothing in this section limits rights available to you under applicable consumer protection laws.

17. Personal Use and Resale

Products purchased through 8PM are intended for personal or household use unless otherwise agreed in writing.

You may not purchase products for unauthorized commercial resale, diversion, or distribution.

We may limit quantities or reject orders where we reasonably believe products are being purchased for unauthorized resale.

18. Intellectual Property

The 8PM website and its content, including trademarks, logos, branding, graphics, product names, photographs, designs, text, videos, and other materials, are owned by or licensed to 8PM and are protected by applicable intellectual property laws.

You may use the website for personal, non-commercial purposes.

You may not copy, reproduce, modify, distribute, sell, exploit, scrape, republish, or create derivative works from our content without prior written permission except where permitted by law.

19. User Content and Reviews

If you submit a product review, photograph, testimonial, comment, or other content to 8PM, you represent that:

• the content reflects your genuine experience or opinion;

• you have the right to submit it;

• it does not infringe another person's rights; and

• it is not unlawful, deceptive, abusive, defamatory, or fraudulent.

You grant 8PM a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute submitted content for business and marketing purposes, subject to applicable law and any permissions presented when the content is collected.

Receiving an incentive for submitting an honest review does not require a positive review.

Where required, incentivized reviews may be identified as such.

20. Prohibited Conduct

You may not use our website or services to:

• violate applicable law;

• commit fraud;

• interfere with website security;

• introduce malicious code;

• scrape or extract information in an unauthorized manner;

• impersonate another person;

• misuse discounts or promotions;

• submit fraudulent reviews;

• interfere with another customer's use of the website; or

• infringe our or another party's intellectual property rights.

21. Third-Party Services

Our website and checkout may rely on third-party providers for services including:

• ecommerce infrastructure;

• subscription management;

• payment processing;

• fulfillment;

• analytics;

• email;

• customer support; and

• post-purchase offers.

Your use of certain third-party functionality may also be governed by the applicable provider's terms and privacy practices.

22. Payment Processing

Payments may be processed by third-party payment providers.

We do not necessarily receive or store your complete payment card information.

You authorize the applicable payment provider to process charges associated with purchases you make from us.

23. Website Availability

We do not guarantee that the website or related services will always be available, uninterrupted, secure, or error-free.

We may modify, suspend, update, or discontinue portions of the website or services from time to time.

24. Disclaimer of Warranties

To the maximum extent permitted by law, the website, content, and services are provided on an "as is" and "as available" basis.

Except for express warranties stated by us or warranties that cannot legally be excluded, we disclaim implied warranties to the maximum extent permitted by applicable law.

Nothing in these Terms excludes rights or warranties that cannot legally be excluded.

25. Limitation of Liability

To the maximum extent permitted by law, 8PM and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the website or products.

To the maximum extent permitted by law, our aggregate liability arising from a particular purchase will not exceed the amount you paid to us for the purchase giving rise to the claim.

These limitations do not apply where liability cannot lawfully be limited or excluded.

26. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless 8PM and its affiliates from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful misuse of our website or violation of these Terms.

27. Privacy

Our collection and use of personal information is governed by our Privacy Policy.

By using our website and services, you acknowledge that your personal information will be processed as described in that policy.

28. Electronic Communications

By placing an order or creating an account, you consent to receive transactional electronic communications relating to your order, subscription, account, payment, shipping, or customer service requests.

Marketing communications are subject to separate consent requirements where applicable.

29. Changes to These Terms

We may update these Terms from time to time.

The updated Terms will be posted on our website with a revised "Last Updated" date.

Changes will apply prospectively except where otherwise permitted or required by law.

Material changes affecting an existing subscription will be communicated where required by applicable law.

30. Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict-of-law principles, except to the extent that applicable consumer protection law requires otherwise.

Any dispute will be subject to the jurisdiction of courts with authority over the dispute, subject to applicable law.

31. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

32. No Waiver

Failure by 8PM to enforce any provision of these Terms does not waive our right to enforce that provision later.

33. Entire Agreement

These Terms, together with the policies referenced in them, constitute the agreement between you and 8PM regarding your use of the website and purchase of products.

34. Contact

Questions regarding these Terms can be sent to:

8PM
Operated by: Nourished Natural Health, Inc
Email: hello@take8pm.com
Address: 18121 E. Hampden Ave.Colorado, 80113