Terms of service

Welcome to Capsulyte.com ( the “Site”), operated by Capsulyte Labs LLC (the “Company,” “Capsulyte,” “we,” or “us”). The Company offers the Site conditioned upon your acceptance of these Terms of Use (these “Terms”), and your continued use of the Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, do not use the Site.

Please read these Terms of Use (“Terms”) carefully before using this website (the “Site”) operated by Capsulyte Labs LLC (“us”, “we”, or “our”). Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.

Terms and Conditions

Your License to Access the Site

The content, information, software, designs, and data included in the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.

Unless indicated to the contrary, you may use the Site only for personal, non-commercial use. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice that appears on the Content. We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:

Damage or interfere with the proper working of the Site; Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented; Give you access to the Site or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content; Frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party; Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; Otherwise adversely impact the operation of the Site, the Company, or any third party.

In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these terms.

Availability, Errors and Inaccuracies

Capsulyte Labs LLC is constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Account

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Accessibility Statement 

Capsulyte  is committed to providing a website that is accessible to everyone, regardless of technology or ability. We aim to comply with all ADA applicable standards. If you experience any issues in accessing any part of our website, please call us at (908) 292 -3110 or email us at help@capsulyte.com and we will do our best to provide you with an alternate communication method that is accessible for you, consistent with applicable law (for example, through telephone support).

We are proud of the efforts that are in-progress to ensure that our website is accessible to everyone and offer an access Widget. We view accessibility as an ongoing commitment and effort and are continually seeking new ways and technologies to ensure that our website remains accessible to everyone.

Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of Capsulyte Labs LLC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Capsulyte Labs LLC

Links to Other Websites

Our Site contains links to third party web sites or services that are not owned or controlled by Capsulyte Labs LLC, namely Amazon.com, customer service widgets, and payment processors. Capsulyte Labs LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Capsulyte Labs LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement here has more details.

 

Limitation of Liability

In no event shall Capsulyte Labs LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Capsulyte Labs LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Mobile Terms of Service

Last updated: December 8, 2023

The Capsulyte Labs LLC mobile message service (the "Service") is operated by Capsulyte Labs LLC (“Capsulyte Labs LLC”, “Capsulyte” “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 Capsulyte Labs LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Capsulyte Labs LLC 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 Capsulyte Labs LLC. 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 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 Capsulyte Labs LLC 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 email help@capsulyte.com

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.

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

Shipping and Refund Policy

How much is shipping?
It is our goal to deliver your order to you in the quickest and most cost-effective manner possible. Shipping is automatically calculated prior to submitting your payment information. Simply add items to your cart and proceed to the Checkout page where you will be offered Shipping options and pricing. 

Do you ship outside the US?
We currently only ship to Canada outside the US. If under $200, a standard shipping rate of $24.95 is applied to your order at checkout (please note billing and shipping addresses must be filled out in order to view the Canadian shipping rate). Duty and taxes are not included, and shipping will take 10-14 business days (does not include processing time). Please note no returns/refunds accepted on Canadian orders; if multiple attempts are made by shipping companies and/or Capsulyte with no response by you, the customer, we will not reship or refund your order.

How do I know if my order has shipped and how do I track it?
Generally, an email with a shipping confirmation is sent to our customers. If you don’t receive an email from us you can contact our customer service department at help@capsulyte.com. Please allow for 24-48 hours processing time during regular business hours.

Please be aware, due to high shipment volumes with couriers, your delivery may be delayed. 

Shipping Rates:

 

Am I eligible for free shipping?

Free shipping promotions (whether on specific products or site-wide) is only offered on continental US shipments. No coupon code is required.

Free shipping offer does not include duty and taxes.

 

What’s Your Refund Policy?

At Capsulyte, we do everything we can to ensure you are happy with your purchase, but we know that sometimes a product is just not right. We’ve made our refund policy as easy as possible. For our full refund policy see the customer agreement below.

Within 30 Days
You must request a refund for your purchase (less shipping & handling) within 30 days of the product being shipped. All refunds will be issued to the original form of payment within 10-15 business days. Exclusions are below:

International
We do not issue refunds for purchases outside the US.

Discounts
Any discount applied to the order will be deducted from the refund issued.

Dissatisfaction with Repeat Orders

We offer every customer a full refund on their first order of up to 1 unit each of Capsulyte PREGAME and/or HYDRATION if you are not satisfied with the product. This policy is valid for 30 days from the date of purchase. When requesting a refund, only the cost of the first unit(s) purchased will be refunded. Please note that shipping costs or additional units are not eligible for a refund. Repeat or recurring customers are not eligible for refunds under this money back guarantee policy.

*DAMAGED, BROKEN, OR MISSING ITEMS
Please contact our customer care team at help@capsulyte.com immediately if your package is damaged, lost, or broken.

If you have any questions or concerns about making a return, feel free to contact our support team at help@capsulyte.com. You can also mail to us:

Capsulyte
320 Half Acre Rd.
Cranbury, NJ 08512

Contact Us

If you have any questions about these Terms, please contact us at help@capsulyte.com