Terms of service

Last updated: February 3, 2026

OVERVIEW
This website, https://trycreate.co/ (the “site” or “website”), is operated by Create Wellness. Throughout the site, the terms “we”, “us” and “our” refer to Create Wellness and “you” refers to you as an individual or, if you are entering into these Terms on behalf of an entity, such entity. Create Wellness offers this website, including all information, tools and services available from this site (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

THE TERMS INCLUDE AN ARBITRATION PROVISION IN SECTION 20, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS. IF YOU WISH TO OPT OUT OF THE ARBITRATION PROVISION SET FORTH BELOW, YOU MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 20. THESE PROVISIONS APPLY SOLELY TO THE EXTENT PERMITTED IN YOUR JURISDICTION.

By visiting our site and/ or purchasing something from us and checking “I have read and agree to the Terms of Service”, you and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. If you have created an account on our website, we will notify you of the changes to these Terms via email. It is your responsibility to check this page periodically for changes and, if applicable, your email for any updates regarding these Terms. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Service to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18, or that you are 18 and you have given us your consent to allow any of your minor dependents over the age of 13 to use this site. If you are under the age of 13, you may not use the site or Services. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind such entity.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not purchase any products through the site for the purpose of reselling the product without our prior written consent, and you may not use any automated tools to make any purchases on your behalf with the intent of reselling, nor may you circumvent any of our technical safeguards in place designed to detect reselling activities.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Service.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof, including any product or product line) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Service may be available exclusively online through the website. These products or Service may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://trycreate.co/policies/refund-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 

Title to your ordered product will transfer to you only once we have received payment in full and the product has been delivered to you. If you return a product, title will return to us for that product once we receive it. By placing an order through our website, you expressly consent to us or our third-party payment processors charging the payment method you provided the amount specified in the order plus any associated taxes and transaction fees.

Our discount codes entitle you to an offer on your online order. To utilize your offer, enter your unique code at the second stage of checkout, before payment is taken and click "apply". Promotion codes are only valid for use on our website. Promotional codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotional codes are non-transferable.

SECTION 6 – SUBSCRIPTIONS AND RENEWALS.

By purchasing a subscription through our site (a “Subscription”), you become a “Subscriber” with the right to periodically receive products as part of such Subscription, with amount and type of product, fees, and frequency of product deliveries specified as part of such Subscription purchase.  Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable.  All sales and payments of Subscription fees will be in US Dollars.  All Subscription fees are non-refundable under any circumstances.

The fee that we will charge you for your Subscription will be the price posted on the website on the date that you register as a Subscriber. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. 

You may pay for your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover).  We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription.

AUTOMATIC RENEWAL NOTICE: WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE SAME DAY OF EACH SUBSEQUENT MONTH OR YEAR (DEPENDING ON YOUR MEMBERSHIP) OF THAT DATE THAT OUR FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, WE WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO SUCH DATE). YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CANCELLING ON THE WEBSITE OR BY CONTACTING US AT HI@TRYCREATE.CO; PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.  YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT MEMBERSHIP TERM.  WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST.  IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION PERIOD FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD.  YOU MAY ALSO PAUSE OR SKIP RECURRING MONTHLY SUSCRIPTION ORDERS ON THE WEBSITE.  

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT, AND WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO SUCH TOOLS. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Service and/or features through the website (including the release of new tools and resources). Such new features and/or Service shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS
Certain content, products and Service available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Service of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Service, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; DMCA
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, trade secrets, privacy, personality, rights of publicity, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, or link to a third party’s or your site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You may not review any products that you have not purchased through our site, and you may not post irrelevant photos or false or misleading photos of the product as part of such review.

DMCA Procedures

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this website, please provide written notice to our DMCA agent (“Agent”) for notice of claims of infringement:

DMCA@trycreate.co

To be sure the matter is handled immediately, your written notice must: 

• Contain your physical or electronic signature;

• Identify the copyrighted work or other intellectual property alleged to have been infringed;

• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;

• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

• Contain a statement that the information in the written notice is accurate; and

• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

1.  your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of this website or Service who is the subject of repeated DMCA or other infringement notifications. 
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy, which can be viewed here.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to purchase any products with the intent of reselling such products or artificially creating a scarcity of such products on our site for “scalping” purposes. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL CREATE WELLNESS OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES IN EXCESS OF THE LEAST OF (X) $100 (Y) THE AMOUNT YOU PAID UNDER THE PRODUCT ORDER TO WHICH THE DAMAGES DIRECTLY RELATE, OR (Z) THE AMOUNT YOU PAID IN SUBSCRIPTION FEES IN THE TWELVE MONTHS PRECEDING FIRST EVENT GIVING RISE TO THE CLAIM, IN EACH CASE OF (I) AND (II) OF THIS SECTION WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Create Wellness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the state New York without giving effect to its conflict of laws principles to the fullest extent permitted by applicable law. You and we agree that all disputes not resolved through arbitration under Section 20 shall be exclusively resolved in the state and federal courts located in New York, New York.

SECTION 20 – ABITRATION AGREEMENT AND CLASS ACTION WAIVER

This Arbitration Agreement facilitates the prompt and efficient resolution of any Disputes that may arise between you and Create Wellness. Arbitration is a form of private dispute resolution in which parties to a contract 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.

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Create Wellness shall be resolved by binding individual arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

Definitions. For the purpose of this Arbitration Agreement, “Create Wellness” means Create Wellness, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Create Wellness regarding any aspect of your relationship with Create Wellness, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

AGREEMENT TO ARBITRATE. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

YOU ARE GIVING UP THE RIGHT TO LITIGATE DISPUTES AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION. You hereby knowingly and voluntarily WAIVE THE RIGHT TO BE HEARD IN COURT OR HAVE A JURY TRIAL on all Disputes subject to these Terms and Conditions.

Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Create Wellness are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Create Wellness might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

Exclusions from Arbitration/Right to Opt Out.  Notwithstanding the above, you or Create Wellness may choose to pursue a Dispute in court and not by arbitration even if the other party has already started an arbitration proceeding if (a) the Dispute is initiated in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt Out Deadline”).  You may opt out by emailing written notification to hi@trycreate.co.  Your written notification must include (1) your name, (2) your address, and (3) 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 Create Wellness.  You are responsible for ensuring the Create Wellness’s receipt of your opt out notice, and you therefore may wish to send a 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 Dispute in arbitration or small claims court.  

Pre-Arbitration Dispute Resolution.  We are hopeful that you and we can resolve any Dispute informally.  To that end, before initiating any Dispute (as defined in Section 20), you must first give us an opportunity to resolve the Dispute. To do so, you must first give Create Wellness an opportunity to informally resolve the Dispute. (“Pre-Arbitration Demand.”)  A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. 

The Pre-Arbitration Demand must include (1) your name, (2) your telephone number, e-mail address, residential address, and mailing address, if different from your residential address, (3) a written description of the Dispute, (4) a description of the specific relief you seek, including whatever amount of money you demand and the means by which you calculated the claimed damages, and (5) your signature. 

Following your Pre-Arbitration Demand, before you submit a Dispute to arbitration, you must engage in good faith in an informal negotiation process, as specified in this paragraph. This informal negotiation must include an individual meet-and-confer in person, or via teleconference or videoconference, that addresses the Dispute between you and Create Wellness (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually attend and participate.  Create Wellness will participate in the Conference through one or more representatives, which may include our counsel. 

Following the informal negotiation, if Create Wellness does not resolve the Dispute to your satisfaction within 60 days after it receives your Pre-Arbitration Demand, you may pursue your Dispute in arbitration. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitration administrator or arbitrator shall dismiss any arbitration filed that does not strictly comply with these informal dispute resolution procedures. Notwithstanding any other provision of these Terms and Conditions, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

Arbitration Procedures.  If this Arbitration Agreement applies and the Dispute is not resolved through a Pre-Arbitration Demand either you or Create Wellness may initiate arbitration proceedings. If you are a resident of the United States, then the arbitration will be submitted to the American Arbitration Association under the AAA Consumer Arbitration Rules (“Consumer Rules”), or if you are a resident of any country other than the United States, then the arbitration will be submitted to the International Centre for Dispute Resolution under the ICDR International Arbitration Rules. Notwithstanding the foregoing, the arbitrator and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be as permitted by the Consumer Rules, (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction, (iv) the arbitration will be conducted by a single arbitrator, (v) the arbitration will be in English, (vi) any arbitration award or decision need not be accompanied by a written, reasoned opinion, and (vii)  any arbitration award or decision is non-appealable. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.  Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. 

Fees and Costs. Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the Consumer Rules and shall be up to the amount you would be required to pay if you filed a claim in court. Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs shall be determined solely by the arbitrator.

Waiver of Class or Consolidated Actions.  The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Create Wellness specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other user of Create Wellness services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding (whether in court or in arbitration).

Continuation. This Arbitration Agreement shall survive the termination of the Terms.

Effect of California Law.  To the extent not in conflict with or otherwise preempted by the FAA or other applicable federal law, the terms of this Arbitration Agreement shall be construed in accordance with all relevant provisions of the California Civil Code and the California Code of Civil Procedure. 

SECTION 21 – CLASS ACTION WAIVER

You and we agree that to the fullest extent permitted by applicable law, all disputes not resolved through arbitration under Section 20 may only be pursued in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. 

SECTION 22 – FORCE MAJEURE

We are not responsible for order delays and/or problems with the Service due to events or circumstances outside of our reasonable control.

SECTION 23 - CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: this site and Service are provided by Create Wellness, 250 Broadway, 24th Floor, New York, NY 10007.  If you have a question or complaint regarding the website or Service, please contact Customer Service at hi@trycreate.co.  You may also contact us by writing Create Wellness, 250 Broadway, 24th Floor, New York, NY 10007. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hi@trycreate.co
Our contact information is posted below:
Create Wellness, Inc. 
hi@trycreate.co

Mobile Terms of Service

Create Wellness

Last updated: May 7, 2025

The Create Wellness mobile message service (the "Service") is operated by Create Wellness (“Create Wellness”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Create Wellness’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Create Wellness through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Create Wellness. Your participation in this program is completely voluntary.

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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18885470455 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Create Wellness mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18885470455 or email hi@trycreate.co.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/trycreate-808/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/trycreate-808/privacy_policy).

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.