Terms & Conditions

Effective date: October 12, 2025

Welcome to SecondKind. These Terms & Conditions (the “Terms”) govern your access to and use of our websites, mobile sites, emails, accounts, and other online products and services that link to these Terms (collectively, the “Site”), as well as your purchase of any products, subscriptions, or services offered by SecondKind (collectively, the “Services”).

By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Site or Services.

 

 

1. Who We Are

“SecondKind,” “we,” “us,” and “our” mean SecondKind, Inc. and our affiliates and subsidiaries. Questions? Email: info@secondkind.com.

 

 

2. Eligibility & Your Account

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

  • You must provide accurate and complete information and promptly update it as needed.

  • We may suspend or terminate your account for any violation of this Agreement or suspected fraudulent or illegal use.

 

 

3. Changes to the Agreement

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on the Site with a new effective date. Your continued use of the Site or Services after the updated Terms are posted constitutes acceptance of the changes.

 

 

4. Privacy

Please review our Privacy Policy to understand how we collect, use, and share information about you. The Privacy Policy is incorporated into these Terms by reference.

 

 

5. Not Medical Advice

Content on the Site is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions about a medical condition or before starting any supplement, program, or treatment. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease.

 

 

6. Orders, Payments & Subscriptions

6.1 Orders

  • Placing an order is an offer to buy; we may accept or reject any order.

  • All prices, promotions, and product descriptions are subject to change without notice. We may correct errors, inaccuracies, or omissions at any time.

  • Taxes and shipping charges are added at checkout as applicable.

6.2 Payments

  • We accept the payment methods presented at checkout. By submitting payment details, you represent that you are authorized to use the chosen payment method and authorize us (or our payment processor) to charge your order total, including applicable taxes and shipping.

  • If payment fails, we may retry or request an alternative method and may cancel the order if payment cannot be processed.

6.3 Subscriptions & Auto-Renewal

  • Some products are offered as recurring subscriptions. By enrolling, you authorize recurring charges to your selected payment method at the then-current price for each subscription cycle until you cancel.

  • We will send order confirmations and reminders as applicable. Pricing and frequency are displayed at checkout and in your account portal.

  • Manage or cancel at any time before your next renewal by visiting your account portal or emailing info@secondkind.com. Cancellations take effect at the end of the current billing period.

  • We may change subscription pricing or terms with advance notice. If you do not agree, you may cancel before the change takes effect.

6.4 Free Trials, Discounts & Promotions

  • Trials and promotional offers are subject to specific terms disclosed at sign-up and may be modified or withdrawn at any time.

  • Unless stated otherwise, promotions cannot be combined, are non-transferable, and are not redeemable for cash.

 

 

7. Shipping, Risk of Loss & Title

  • We ship to the destinations listed at checkout. Shipping times are estimates only and are not guaranteed.

  • Title and risk of loss pass to you upon our delivery to the carrier.

  • International shipments (if offered) may be subject to import duties, taxes, and fees, which are your responsibility.

 

 

8. Returns & Refunds

Please review our Return Policy (incorporated here by reference) for information on eligibility, timelines, and how to initiate a return or request a refund. We reserve the right to refuse or limit returns where misuse or abuse is suspected.

 

 

9. Communications; SMS Terms

  • By creating an account, making a purchase, or otherwise providing your contact information, you agree to receive transactional communications (e.g., order updates, account notices).

  • If you opt in to marketing texts, you consent to receive recurring automated marketing SMS/MMS messages from SecondKind at the mobile number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages.

  • You can unsubscribe from marketing emails via the unsubscribe link in the email or by contacting support.

 

 

10. Intellectual Property; License & Restrictions

  • The Site, including all content, text, graphics, logos, icons, images, audio, video, software, and other materials (collectively, “Content”), is owned by SecondKind or our licensors and is protected by intellectual property laws.

  • We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for your personal, non-commercial use in accordance with these Terms.

  • You may not: (a) copy, modify, distribute, sell, or lease any part of the Site or Content; (b) reverse engineer or attempt to extract the source code; (c) use data mining, robots, or similar data gathering tools; (d) remove any notices of rights; (e) use the Site for any illegal or unauthorized purpose.

 

 

11. User Content; Feedback

  • If you submit reviews, testimonials, photos, videos, comments, or other content (“User Content”), you represent that you own or have the necessary rights to submit such content and that it is accurate, lawful, and non-infringing.

  • You grant SecondKind a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content in any media for any purpose, including marketing and advertising. You also grant us the right to use your name, likeness, and social media handle in connection with your User Content as permitted by law.

  • We may remove or refuse to post any User Content at any time in our sole discretion.

  • If you provide feedback or suggestions, we may use them without restriction or compensation to you.

 

 

12. Prohibited Conduct

You agree not to:

  1. Violate any applicable law or regulation.

  2. Interfere with or disrupt the operation of the Site or networks.

  3. Impersonate any person or misrepresent your affiliation.

  4. Collect information about others without consent.

  5. Upload malicious code or engage in fraudulent or deceptive practices.

 

 

13. Third-Party Services & Links

The Site may contain links to or integrate with third-party websites, apps, tools, or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and may be subject to additional terms and privacy policies.

 

 

14. Health, Safety & Product Use

  • Follow all product labels, warnings, and instructions. Do not exceed recommended use.

  • Consult your healthcare professional prior to use if you are pregnant, nursing, taking medication, or have a medical condition.

  • Discontinue use and seek medical attention if adverse reactions occur.

 

 

15. Compliance; Export; Sanctions

You may not access or use the Site or Services if you are located in a jurisdiction embargoed by the United States, are on a U.S. government restricted list, or for any unlawful purpose. You agree to comply with all applicable export control and sanctions laws.

 

 

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

 

 

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SecondKind AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE, SERVICES, OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID TO SecondKind FOR THE PRODUCT OR SERVICE AT ISSUE IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you.

 

 

18. Indemnification

You agree to defend, indemnify, and hold harmless SecondKind and our officers, directors, employees, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to your use of the Site or Services, your User Content, or your violation of this Agreement or applicable law.

 

 

19. Dispute Resolution; Arbitration; Class Action Waiver

  • Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at info@secondkind.com. If we cannot resolve it within 30 days, either party may initiate arbitration as described below.

  • Arbitration: Any dispute arising out of or relating to this Agreement or the Site/Services will be resolved by binding, individual arbitration administered by a reputable arbitration provider (e.g., JAMS or AAA) under its applicable rules. Judgment on the award may be entered in any court of competent jurisdiction.

  • Class Actions Waiver: You and SecondKind agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

  • Opt-Out: You may opt out of this arbitration agreement by sending a written notice to info@secondkind.com within 30 days of your first use of the Services.

  • Small Claims: Either party may bring an individual action in small claims court.

 

 

20. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of law principles. Subject to the arbitration provisions above, the exclusive venue for any permitted court action will be the state and federal courts located in Delaware, and you consent to personal jurisdiction there.

 

 

21. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including if we believe you have violated this Agreement. Upon termination, sections that by their nature should survive will survive (e.g., intellectual property, disclaimers, limitation of liability, arbitration, indemnity).

 

 

22. Miscellaneous

  • Entire Agreement. These Terms and any policies or terms referenced herein constitute the entire agreement between you and SecondKind.

  • Severability. If any provision is found unenforceable, it will be severed and the remaining provisions will remain in full force and effect.

  • No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

  • Assignment. You may not assign this Agreement without our prior written consent. We may assign or transfer our rights and obligations without restriction.

  • Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

  • Headings. Headings are for convenience only and do not affect interpretation.

 

 

23. Contact Us

Questions about these Terms? Need help with your order or subscription?

SecondKind Support
Email: info@secondkind.com