Terms of service

IMPORTANT — PLEASE READ THESE TERMS OF SALE ("TERMS" or "AGREEMENT") CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE THE SECTIONS BELOW TITLED "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITIES"). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of trynush.com, including any sub-domains, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and operated by Berry Set LLC ("nush," "we," "our," "us"), is governed by the policies, terms, and conditions set out below. Please read them carefully. We offer the Website, including all information, tools, products, and services available on it, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order through the Website, you agree to these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED OTHERWISE BELOW OR IF YOU OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT OUT.

You can review the current version of these Terms at any time at trynush.com/policies/terms-of-service. We reserve the right to update, change, or replace any part of these Terms by posting updates to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes constitutes binding acceptance of those changes.

1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, that you have the legal capacity to enter into a binding contract with us, and that you have read, understood, and agree to this Agreement.

2. Privacy & Security

Our Privacy Policy is available at trynush.com/policies/privacy-policy and is incorporated into these Terms by reference.

3. General Conditions and User Conduct

All aspects of the Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use the Website unlawfully, including but not limited to: hacking or attacking the Website; publishing abusive, vulgar, obscene, or defamatory material; soliciting others to perform unlawful acts; violating any applicable law or regulation; infringing our intellectual property or that of others; harassing, abusing, or discriminating against any person; submitting false or misleading information; uploading viruses or malicious code; collecting or tracking others' personal information; or circumventing the Website's security features.

nush reserves the right to terminate your access to the Website or any of its services at any time, for any reason or no reason, without prior notice, and to seek any remedy permitted by law.

4. Products Sold for Personal Use Only

Products or services you purchase from nush are for your personal, non-commercial use only. You agree not to resell, redistribute, modify, or export any product ordered from the Website. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. No Medical Advice; Accuracy of Information

The material on the Website is provided for general informational purposes only and is not intended as medical advice or a substitute for advice from a qualified healthcare provider. Statements made on this Website have not been evaluated by the Food and Drug Administration, and our products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before using any nush product, especially if you are pregnant, nursing, taking medication, or have a medical condition.

We aim to keep information on the Website accurate and current, but it may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information at any time, including after an order has been submitted.

nush does not guarantee that you will achieve any particular health or wellness outcome. Individual results vary based on factors unique to you.

6. Modifications to the Website and Prices

We may modify or discontinue access to the Website, or any part of it, without notice at any time, and we are not liable to you or any third party for doing so. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer made on this Website is void where prohibited.

7. Payment

All charges are in U.S. Dollars. By submitting payment information, you represent that you are authorized to use the payment method provided, that the information you provide is accurate and complete, and that sufficient funds or credit are available to cover the amount due.

We and our payment processors may receive updated card information (such as a new card number or expiration date) from your card issuer. If you wish to opt out of your card's automatic-update service, contact your card issuer directly. We are not responsible for fees your bank or card issuer may charge. If a charge is reversed, we may bill you directly or seek payment by another method.

8. Order Placement, Subscriptions, and Cancellation

Order Placement and Acceptance. An order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline any order, or to cancel an order, for any reason. If we decline or cancel an order, you will be refunded to your original payment method, and we are not liable for any losses resulting from that decision.

Subscriptions. If you enroll in a nush subscription, your order will be billed automatically and shipped on the frequency you selected (by default, every thirty (30) days) to the payment method on file, until you cancel. You can manage your billing frequency or cancel at any time through your customer subscription portal, or by emailing hello@nushs.com. To avoid being charged for an upcoming shipment, you must cancel at least twenty-four (24) hours before your next scheduled order date.

If a subscription payment fails to process, you agree that we may contact you by phone, text, or email using the information you provided to resolve payment. Unpaid balances may be referred for collection.

9. Shipping

nush ships within the United States, the United Kingdom, and internationally. See our Shipping Policy at trynush.com/policies/shipping-policy for processing times, delivery windows, and rates. Accurate shipping and contact information is required — we are not responsible for delayed or misdelivered shipments caused by incorrect address information. If you need to correct or cancel an order after submitting it, contact hello@nushs.com immediately; we cannot guarantee changes once an order has begun processing.

10. Delivery Confirmation

You agree that delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature, as many factors affecting delivery are outside our control.

11. Money-Back Guarantee and Returns

nush offers a money-back guarantee on a customer's first order, as described in our Subscription Policy and Refund Policy. Purchases that do not qualify for the money-back guarantee are subject to our standard Refund Policy at trynush.com/policies/refund-policy.

12. Social Media

This section applies to anyone who interacts with our presence on Facebook, Instagram, TikTok, YouTube, Pinterest, or any other third-party social platform we use ("Social Media Presence"). These platforms are not controlled by us and have their own terms and privacy policies. Comments and opinions posted by users on social media are their own and do not reflect nush's views, and we have no obligation to monitor or remove them. Report offensive content to the platform directly.

Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY LAW, THE WEBSITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PRODUCTS, SERVICES, OR INFORMATION ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Disclaimer of Liabilities

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL NUSH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, OUR PRIVACY POLICY, OUR PRODUCTS, OR YOUR USE OF THE WEBSITE. IF NUSH IS FOUND LIABLE UNDER ANY THEORY NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. SOME STATES DO NOT ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND NUSH ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, OUR PRIVACY POLICY, OUR MARKETING PRACTICES, OR OUR PRODUCTS OR SERVICES SHALL BE RESOLVED BY BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, GOVERNED BY THE FEDERAL ARBITRATION ACT. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS, HEAR CLASS OR REPRESENTATIVE CLAIMS, OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY BRINGING THE CLAIM.

Notwithstanding the foregoing, nush retains the right to bring a claim against you in the state or federal courts of Delaware for injunctive or equitable relief arising from any actual or potential infringement of nush's intellectual property rights, and you agree that venue is proper and you are subject to personal jurisdiction there.

Unless you timely opt out, you will not have the right to have a court or jury decide your dispute, to obtain the same pre-hearing discovery available in court, to participate in a class action as a representative or member, or to act as a private attorney general. You may opt out of arbitration within thirty (30) days of your first purchase by sending a letter to Berry Set LLC, Attn: Legal, 34 Brier Avenue, Wilmington, DE 19805, stating your name, the product you purchased, and your intent to opt out.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless nush, its affiliates, officers, directors, agents, and employees from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your breach of any representation or warranty herein, or your violation of any law or third-party right.

Third-Party Websites and Links

The Website may include links to third-party websites. We are not liable for any third-party materials, websites, or transactions. Review third-party policies carefully before engaging with them; direct any complaints to the applicable third party.

Testimonials, Reviews, and Submissions

We welcome your comments, reviews, and submissions. Anything you submit to us — including photos, testimonials, and reviews ("Submissions") — will be treated as non-confidential and non-proprietary, and you grant nush a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, reproduce, and display it, including in advertising, together with your name. You represent that your Submissions are accurate and do not infringe any third party's rights. Testimonials do not represent a typical or guaranteed result.

Intellectual Property; DMCA Notice

All content on the Website — including images, text, graphics, logos, and layouts ("Content") — is owned or licensed by nush and protected by copyright, trademark, and other laws. You may view, copy, and print Content for personal, non-commercial use only, provided all copies retain our copyright notice. You may not reproduce, redistribute, modify, or create derivative works from the Content without our prior written consent.

If you believe material on the Website infringes your copyright, send a notice including: a description of the copyrighted work; a description and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act; and your signature, to:

Berry Set LLC
Attn: DMCA/Copyright Agent
34 Brier Avenue
Wilmington, DE 19805
Email: hello@nushs.com

Trademarks

"nush" and our logos are trademarks of Berry Set LLC. Nothing on the Website grants any license or right to use our trademarks without our prior written consent.

Electronic Communications

You agree that we may communicate with you electronically, and that such communications satisfy any legal requirement that they be in writing.

Assignment

You may not assign your rights under these Terms. nush may transfer its rights and obligations under these Terms without your consent in connection with a merger, acquisition, or sale of assets.

No Waiver; Severability

No waiver of any term of these Terms shall be deemed a further or continuing waiver. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect.

Entire Agreement

These Terms, together with our Privacy Policy and other posted policies, constitute the entire agreement between you and nush regarding the Website and supersede any prior agreements.

Questions

If you have questions about these Terms or an order, contact us:

Berry Set LLC
34 Brier Avenue
Wilmington, DE 19805
Email: hello@nushs.com

SMS Terms & Conditions

By providing your mobile number, you agree to receive recurring automated marketing and order-related text messages from nush. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to opt out, or HELP for help. No mobile information will be shared with third parties for marketing purposes. Questions: hello@nushs.com

Berry Set LLC, 34 Brier Avenue, Wilmington, DE 19805