Terms of service

Effective Date: June 1, 2026

Welcome to HerPotheca. These Terms of Service (“Terms”) govern your access to and use of any website, mobile site, ecommerce experience, social media platform, or digital service owned or operated by HerPotheca, LLC (“HerPotheca,” “we,” “our,” or “us”) (collectively, the “Site”).

HerPotheca exists to support women navigating the female shifts with a grounding ritual and science-backed ingredients. By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms without limitation or qualification. If you do not agree to these Terms, please discontinue use of the Site immediately.

By using the Site, you represent and warrant that you are at least eighteen (18) years old or are using the Site under the supervision of a parent or legal guardian. You further represent that your use of the Site does not violate any applicable laws or regulations.

We reserve the right to revise, modify, or update these Terms at any time to reflect changes in our business operations, legal obligations, products, or practices. Any updates will be posted to this page with a revised effective date. Your continued use of the Site following any modifications constitutes your acceptance of the updated Terms. If you do not agree with any revised Terms, you must stop using the Site.

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your information. By using the Site, you consent to the practices described within that policy.

HerPotheca products are designed as wellness beverages intended to support everyday rituals and general wellbeing. However, transparency matters deeply to us. The statements, ingredients, content, and products featured on this Site have not been evaluated by the United States Food and Drug Administration (“FDA”). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. All content provided through the Site is for informational and educational purposes only and should never be interpreted as medical advice, diagnosis, treatment recommendations, or a substitute for professional healthcare guidance. Nothing on this Site creates a physician-patient, therapist-patient, nutritionist-patient, or other healthcare provider relationship.

You should consult a qualified healthcare professional before using HerPotheca products if you are pregnant, nursing, taking prescription medications, managing blood pressure or mood-related conditions, or experiencing any medical condition requiring supervision. Your use of the Site and products is solely at your own discretion and risk.

All content available on the Site, including but not limited to text, product names, slogans, logos, graphics, videos, photography, packaging design, illustrations, layout design, product descriptions, and proprietary formulations are owned by or licensed to HerPotheca and are protected by copyright, trademark, trade dress, and other intellectual property laws. This includes, without limitation, “HerPotheca,” “Steady Your Fierce,” “Stop the Spiral. Start the Ritual.,” “The Spiral Meets its Match,” and associated branding elements and proprietary brand language.

You are granted a limited, revocable, non-transferable, non-exclusive license to access and use the Site solely for personal, non-commercial use. You may not reproduce, distribute, modify, publish, display, transmit, scrape, sell, license, exploit, or create derivative works from any Site content without prior written consent from HerPotheca. We reserve all rights to protect and enforce our intellectual property to the fullest extent permitted by law.

You agree to use the Site responsibly and lawfully. You may not post false, misleading, fraudulent, abusive, defamatory, threatening, hateful, obscene, or harassing material through the Site or associated digital channels. You may not impersonate another person or entity, interfere with Site security or functionality, upload malicious software or harmful code, use bots or scraping tools to extract data, attempt unauthorized access to Site systems, or use the Site in violation of applicable laws or regulations. We reserve the right to suspend or terminate access to the Site for violations of these Terms.

If you submit reviews, testimonials, comments, photos, social media tags, suggestions, creative ideas, marketing concepts, or other materials (“Submissions”), you retain ownership of your content but grant HerPotheca a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, publish, display, distribute, and share such Submissions across any media or marketing channels. By submitting content, you represent that you own or control the rights to the material and that your Submissions do not violate any third-party rights or applicable laws. Submissions are considered non-confidential.

All product offerings are subject to availability. We reserve the right to limit quantities, discontinue products, reject or cancel orders, correct pricing inaccuracies or typographical errors, and update product information at any time without prior notice. Your submission of an order constitutes an offer to purchase. Orders are not accepted until shipment confirmation has been issued by HerPotheca. We reserve the right to refuse or cancel any order suspected of fraud, unauthorized resale, or misuse.

Payments made through the Site are processed securely by third-party payment providers. HerPotheca does not store complete payment card information on its servers. Payment transactions are subject to the terms and privacy policies of the applicable payment processor.

Shipping and delivery timelines provided at checkout are estimates only and are not guaranteed. HerPotheca is not responsible for delays caused by carriers, weather, customs processing, labor shortages, supply chain disruptions, natural disasters, internet outages, or events beyond our reasonable control. Once order processing has begun, orders may not be modified or canceled. Risk of loss transfers to you upon delivery to the carrier.

By providing your email address or phone number, you consent to receive transactional communications regarding your orders and account. If you separately opt into marketing communications, you may receive promotional emails or SMS messages from HerPotheca. Consent to marketing communications is not a condition of purchase. You may unsubscribe or opt out at any time using the instructions provided in the communication. Message and data rates may apply for SMS communications.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, PRODUCTS, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HERPOTHECA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, HERPOTHECA, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, PRODUCTS PURCHASED THROUGH THE SITE, RELIANCE ON SITE CONTENT, OR UNAUTHORIZED ACCESS TO YOUR INFORMATION. IN NO EVENT SHALL HERPOTHECA’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless HerPotheca, LLC and its affiliates, officers, directors, employees, contractors, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising from your violation of these Terms, misuse of the Site, violation of applicable law, or infringement of third-party rights.

HerPotheca shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, internet outages, labor disputes, governmental actions, pandemics, cyberattacks, utility failures, supply chain interruptions, or carrier delays.

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Site at any time and without notice if we believe you have violated these Terms or applicable law. Any provisions of these Terms that by their nature should survive termination shall remain in effect following termination.

These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of such courts.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS AGAINST HERPOTHECA MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

If you believe that any content on the Site infringes your copyright rights under United States law, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”). Your notice must include identification of the copyrighted work claimed to be infringed, identification of the allegedly infringing material, your contact information, a statement of good faith belief, and a statement made under penalty of perjury that the information provided is accurate.

Questions regarding these Terms, products, or orders may be directed to Femwellth LLC at hello@herpotheca.com.