Terms of service
NELLO — TERMS OF SERVICE
Vitalize Official, LLC | drinknello.com
Effective Date: June 19, 2026
This website is operated by Vitalize Official LLC ("Nello," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of drinknello.com and any related services, tools, or mobile experiences (collectively, the "Site"), including all purchases made through the Site.
By visiting the Site or placing an order, you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein. If you do not agree, please do not use the Site or purchase our products.
Our store is powered by Shopify Inc., which provides our e-commerce infrastructure.
Section 1
Eligibility & Acceptance
By using this Site, you represent that:
You are at least 18 years of age, or are the age of majority in your state or province of residence;
You have the legal authority to enter into a binding agreement;
You are not purchasing products for resale, redistribution, or fulfillment through any unauthorized channel; and
All information you provide to us is accurate, current, and complete.
Use of our products for any illegal, unauthorized, or fraudulent purpose is strictly prohibited and may result in immediate termination of your access to the Site.
Section 2
Products & Supplement Disclaimer
Nello sells dietary supplements and ready-to-drink ("RTD") functional beverages. By purchasing or using our products, you acknowledge and agree to the following:
Not Medical Advice
Our products are dietary supplements intended for general wellness purposes only. Nothing on this Site constitutes medical advice, and our products are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician or a qualified healthcare provider before using any supplement, particularly if you are pregnant, nursing, have a medical condition, or take prescription medications.
Individual Results Vary
Product results are not guaranteed. Testimonials and reviews reflect individual experiences and are not representative of typical results.
Display Accuracy
We make reasonable efforts to accurately display product colors, packaging, and imagery. We cannot guarantee that your device's display will be fully accurate.
Product Availability & Discontinuation
Products are subject to availability. We reserve the right to discontinue any product, change formulations, or modify packaging at any time without notice.
Section 3
Ordering, Pricing & Cancellation
3.1 Order Acceptance
Placing an order constitutes an offer to purchase, not a binding contract. We reserve the right to accept, modify, or cancel any order at our sole discretion, at any time before shipment confirmation, for any reason including but not limited to:
Suspected fraud, resale intent, or violation of these Terms;
Pricing or product description errors;
Product unavailability or inventory constraints;
Inaccurate billing, shipping, or payment information; or
Order volume or purchasing patterns that suggest commercial or unauthorized resale intent.
If we cancel your order after payment, your sole remedy is a full refund to your original payment method. Vitalize Official LLC is not liable for any indirect, incidental, or consequential damages arising from order cancellation.
3.2 Quantity Limits
We reserve the right to limit the quantity of any product that may be purchased per person, per household, or per order, at our sole discretion. We may apply these limits on a case-by-case basis and without prior notice. Orders that appear to exceed reasonable personal-use quantities may be modified or cancelled.
3.3 Pricing
All prices are listed in U.S. dollars and are subject to change without notice. Applicable taxes and shipping charges are calculated at checkout and are the customer's responsibility. We reserve the right to correct pricing errors at any time, including after an order has been placed.
3.4 Promotional Codes & Discounts
Promotional codes and discount offers are subject to the following conditions:
Codes are single-use per customer unless otherwise stated and are non-transferable;
Codes may not be combined with other offers unless explicitly permitted;
Codes have no cash value;
Abuse, redistribution, or fraudulent use of codes — including sharing codes publicly or using codes obtained through unauthorized channels — may result in order cancellation and permanent account suspension;
We reserve the right to revoke any promotional offer at any time.
Section 4
Resale Prohibition & Brand Integrity
4.1 Prohibition on Unauthorized Resale
Nello products are sold exclusively for personal, non-commercial use. Because Nello products are consumable wellness items — including dietary supplements and ready-to-drink beverages — proper storage, handling, temperature control, and shelf-life management are essential to product safety and quality. Nello cannot verify that products sold outside authorized channels have been stored, handled, or transported appropriately. Unauthorized resale therefore poses a direct risk to consumer safety and to the integrity of the Nello brand, and is prohibited.
Without our express prior written authorization, you may not:
Resell, redistribute, or transfer Nello products to any third party for commercial gain;
List or sell Nello products on any third-party marketplace or platform, including but not limited to Amazon, eBay, Walmart Marketplace, TikTok Shop (as an independent seller), Mercari, Facebook Marketplace, or similar;
Purchase Nello products in quantities that suggest commercial resale, bulk distribution, or fulfillment activity;
Represent yourself as an authorized distributor, affiliate, or retailer of Nello without a current, valid written agreement with Vitalize Official LLC; or
Use Nello's trademarks, product images, product descriptions, or any other brand assets to create, promote, or support any unauthorized resale listing, whether on a third-party marketplace or elsewhere.
4.2 Authorized Channels Only
Vitalize Official LLC is the only authorized seller of Nello products through drinknello.com and our expressly designated retail and e-commerce partners. Products sold by unauthorized third parties may be counterfeit, tampered with, past their best-by date, or improperly stored. Vitalize Official LLC expressly disclaims all warranties and assumes no liability with respect to any Nello products purchased from unauthorized sellers. Customers who purchase from unauthorized sources do so at their own risk and are not entitled to Nello's return, refund, or quality guarantees.
4.3 Trademark Protection
The Nello name, logo, product names, trade dress, and all associated branding are trademarks or registered trademarks of Vitalize Official LLC. Unauthorized use of Nello's trademarks — including use in resale listings, social media accounts, or marketing materials — constitutes trademark infringement and may result in legal action. We actively monitor third-party marketplaces and listings for unauthorized use of our brand assets and will pursue available platform and legal remedies for violations.
4.4 Remedies & Enforcement
We reserve the right to, without prior notice:
Cancel or refuse any order we reasonably believe is placed for resale or unauthorized commercial purposes;
Suspend or permanently ban any account associated with resale activity or repeated policy violations;
Recover amounts previously paid for orders that violated these Terms;
Report violations to relevant platforms, marketplaces, and payment processors; and
Pursue all available civil and legal remedies, including injunctive relief and damages, for trademark infringement or breach of these Terms.
4.5 Wholesale & Authorized Resale
Nello does not prohibit all resale. Legitimate wholesale and retail partnerships are available through our authorized trade program. Interested parties should contact us at [email protected]. Resale is permitted only under the terms of a current, executed written agreement with Vitalize Official LLC.
Section 5
Subscription Terms
Nello offers subscription purchasing options through the Site, powered by Recharge Payments. By enrolling in a subscription, you agree to the following additional terms.
5.1 Recurring Billing
Subscriptions are billed automatically at the frequency you select (e.g., every 30 days) using the payment method on file. By enrolling, you authorize us to charge your payment method on a recurring basis until your subscription is cancelled. You are responsible for ensuring your payment information remains current.
5.2 Subscription Pricing
Subscription pricing is subject to change. We will provide no less than 15 days' advance notice of any pricing change affecting your active subscription. Continued subscription following the notice period constitutes acceptance of the updated pricing.
5.3 Cancellation
You may cancel your subscription at any time through your customer account portal at drinknello.com or by contacting us at [email protected]. To avoid being charged for an upcoming order, cancellations must be submitted at least 48 hours before your next scheduled billing date. Cancelling a subscription does not entitle you to a refund for any order that has already been processed or shipped.
5.4 Skipping & Modifications
You may skip or modify an upcoming subscription order through your account portal, subject to the same 48-hour advance notice requirement before your next scheduled billing date.
5.5 Product Discontinuation
If a subscribed product is discontinued, we will notify you by email and offer a comparable replacement or allow you to cancel without penalty.
5.6 Failed Payments
If a subscription payment fails, we may retry the charge before suspending your subscription. It is your responsibility to maintain current and valid payment information to avoid service interruption.
Section 6
Shipping & Delivery
We ship to addresses within the United States. You are responsible for providing a complete and accurate shipping address at checkout. Nello is not liable for non-delivery, delays, or mis-delivery resulting from an incorrect or incomplete address provided by you.
Once an order has shipped, title and risk of loss transfer to you. Nello is not responsible for carrier delays, weather events, or other circumstances outside our control. If a package is marked delivered but not received, please contact the carrier directly. We will make reasonable efforts to assist but cannot guarantee replacement or refund for orders confirmed as delivered by the carrier.
Processing and fulfillment timelines may vary during peak periods, promotional campaigns, and new product launches.
Section 7
Returns & Refunds
We offer returns for first-time customers only, on up to two (2) unopened, undamaged items, within 30 days of delivery. Opened product returns are evaluated on a case-by-case basis. For complete terms, please review our Refund Policy.
Additional conditions:
Subscription orders are subject to the cancellation terms in Section 5 and are not eligible for the standard return window;
Products purchased through unauthorized third-party sellers are not eligible for return, refund, or any other Nello quality guarantee;
Nello reserves the right to refuse returns that do not meet the conditions of our Refund Policy.
Section 8
Billing & Chargebacks
You agree to provide current, complete, and accurate billing and payment information for all purchases, and to promptly update your account information — including payment method and expiration dates — to ensure uninterrupted service.
Before initiating a payment dispute or chargeback with your card issuer, we strongly encourage you to contact us at [email protected]. Most issues can be resolved quickly through our support team. Filing a fraudulent or unwarranted chargeback — including chargebacks for orders that were delivered as described — may result in permanent account suspension, recovery of the disputed amount through available legal means, and reporting to fraud prevention services.
Section 9
Intellectual Property
All content on this Site — including but not limited to the Nello name, logo, trademarks, trade dress, product names, imagery, copy, formulations, packaging designs, and the overall Nello brand identity — is the exclusive property of Vitalize Official LLC or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, copy, distribute, transmit, display, perform, publish, license, or create derivative works from any content on this Site without our express prior written permission. Unauthorized use of Nello's brand assets — including use in resale listings, social media accounts, advertising, or any public-facing context — constitutes infringement and may result in legal action.
If you are an approved creator, affiliate, or retail partner, your use of Nello brand assets is governed exclusively by the terms of your written agreement with Vitalize Official LLC, which supersedes this general provision.
Section 10
User Content & Submissions
If you submit content to us — including reviews, testimonials, photos, videos, social media posts tagged with Nello branding, contest entries, or other materials (collectively, "User Content") — you grant Vitalize Official LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, display, adapt, and create derivative works from such User Content in any medium, for any commercial or promotional purpose, without compensation to you unless otherwise agreed in writing.
By submitting User Content, you represent and warrant that:
You own or have all necessary rights to the content you submit;
Your content does not infringe any third-party intellectual property, privacy, or publicity rights;
Your content is accurate and does not contain false, misleading, defamatory, or unlawful material; and
If your content includes the likeness of any person other than yourself, you have obtained that person's consent.
We reserve the right to remove, edit, or decline any User Content at our discretion, without notice or liability.
Section 11
Fraud Detection & Automated Systems
To protect the integrity of our store, our customers, and our brand, Nello collects and analyzes order data, device information, account activity, and purchasing patterns to detect and prevent fraud, abuse, and policy violations — including unauthorized resale activity.
We may use automated systems, including algorithmic and AI-assisted tools, to identify purchasing behavior that suggests fraud, policy violations, or resale intent. Based on this analysis, we may, without prior notice:
Flag, hold, modify, or cancel orders;
Restrict or suspend account access; or
Permanently refuse service to an individual, household, or payment method.
These measures apply to all customers and are not targeted at any individual on the basis of a protected characteristic. Our use of order and account data for fraud and abuse detection is described in our Privacy Policy.
Section 12
Prohibited Uses
You agree not to use this Site or its content:
For any unlawful, fraudulent, or deceptive purpose;
To purchase products for resale, redistribution, or unauthorized commercial use (see Section 4);
To submit false or misleading billing, shipping, or identity information;
To upload or transmit malicious code, viruses, or disruptive content;
To harvest, scrape, or collect personal data of other users;
To abuse discount codes, referral programs, or promotional offers;
To harass, abuse, or discriminate against any individual or group;
To interfere with or circumvent the Site's security features; or
To impersonate Nello, its employees, or any other person or entity.
We reserve the right to terminate access, cancel orders, and pursue all available legal remedies for violations of these prohibitions.
Section 13
Third-Party Links & Tools
This Site may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party site, and inclusion of a link does not imply endorsement. Your use of third-party sites is at your own risk and subject to their respective terms.
We may offer access to optional third-party tools on an "as-is" and "as-available" basis, without any warranty or endorsement. We are not liable for any harm arising from your use of such tools.
Section 14
Personal Information & Privacy
Your submission of personal information through this Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal data — including data collected through our e-commerce platform (Shopify), email marketing system (Klaviyo), subscription billing provider (Recharge), and advertising platforms (Meta, TikTok) — as well as your rights under applicable privacy laws, including the California Consumer Privacy Act (CCPA).
By using this Site, you consent to the data practices described in our Privacy Policy.
Section 15
Disclaimer of Warranties
To the fullest extent permitted by applicable law, this Site, all products, and all services are provided "as is" and "as available," without any representation, warranty, or condition 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, error-free, secure, or free of harmful components. We do not warrant that any product will meet your expectations or produce any specific result.
Section 16
Limitation of Liability
To the fullest extent permitted by law, Vitalize Official LLC and its directors, officers, employees, agents, affiliates, contractors, and service providers shall not be liable for any indirect, incidental, special, punitive, or consequential damages of any kind, including but not limited to lost profits, lost revenue, loss of data, or personal injury, arising from your use of or inability to use the Site or its products; any unauthorized access to or alteration of your data; any third-party conduct or content; or any other matter relating to these Terms.
Our total liability to you for any claim arising under these Terms shall not exceed the greater of (a) the amount you paid for the specific product or order giving rise to the claim, or (b) one hundred dollars ($100.00).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply in full to you.
Section 17
Indemnification
You agree to defend, indemnify, and hold harmless Vitalize Official LLC and its officers, directors, employees, agents, affiliates, contractors, and licensors from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Your breach of these Terms;
Your use of the Site or any product purchased through it;
Your violation of any law or the rights of a third party;
Any User Content you submit; or
Any unauthorized resale, redistribution, or trademark infringement involving Nello products or brand assets.
Section 18
Dispute Resolution & Governing Law
18.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law principles.
18.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to contact us at [email protected] with a written description of the dispute, your requested resolution, and your contact information. We will attempt to resolve the dispute informally within 30 days.
18.3 Binding Arbitration
If a dispute is not resolved informally, you and Vitalize Official LLC agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in Utah County, Utah, or via videoconference at our election. The arbitrator's decision will be final and binding.
18.4 Class Action Waiver
You and Vitalize Official LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.
18.5 Exceptions
Either party may seek relief in small claims court for disputes within that court's jurisdiction. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
Section 19
General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, and any other policies posted on the Site, constitute the entire agreement between you and Vitalize Official LLC regarding the Site and supersede all prior agreements.
19.2 Severability
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force.
19.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
19.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights freely, including in connection with a merger, acquisition, or sale of assets.
19.5 Modifications to the Site
We reserve the right to modify, suspend, or discontinue the Site or any part of it at any time, without notice or liability.
Section 20
Changes to These Terms
We reserve the right to update these Terms at any time. When we do, we will update the effective date at the top of this page. For material changes — including changes to subscription billing terms — we may notify you by email. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
The most current version of these Terms is always available at drinknello.com/policies/terms-of-service.
Section 21
Contact
Questions about these Terms should be directed to:
Vitalize Official, LLC
5940 Rainbow Blvd, Ste 400, PMB 33718
Las Vegas, NV 89118
Email: [email protected]
