Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Mitragen, Inc. ("MitraGen", "we", "us", or "our") and govern your access to and use of www.mitragenlabs.com, and your purchase of any products from us (together, the "Services").

By accessing the Services, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and age (21+)

You must be at least 21 years of age and have the legal capacity to enter into a contract to use the Services or purchase our products. By using the Services, you represent and warrant that you meet these requirements.

We may require age verification at the point of sale and, where applicable, adult signature on delivery. We may refuse or cancel any order if we cannot verify that you meet our eligibility requirements.

3. Your responsibility for the laws of your jurisdiction

Kratom and kratom-derived products are regulated differently across the United States and are prohibited or restricted in certain states, counties, and municipalities.

You are solely responsible for knowing and complying with all laws that apply to you, including the laws of the state, county, and locality where you live and where your order will be shipped, received, possessed, and used.

We make no representation or warranty that any product is lawful, permitted, or suitable for purchase, receipt, possession, or use in your jurisdiction. The availability of a product through the Services is not a representation that it is lawful in your location.

By placing an order, you represent and warrant that you are at least 21 years of age and that your purchase, receipt, possession, and use of the products are lawful in your jurisdiction.

To the fullest extent permitted by law, we are not liable for, and you assume all responsibility and risk arising from, your compliance or non-compliance with the laws that apply to you based on your location. Determining whether the products are lawful in your jurisdiction is your responsibility, not ours.

We may refuse, cancel, or limit any order in our sole discretion, and we do not ship to the jurisdictions identified in our Shipping Policy (available at /legal/shipping-policy).

4. Our products; no medical or health claims

Our products are botanical products containing kratom extract. We describe our products only in terms of their origin, ingredients, and testing.

We make no claims regarding any health, medical, therapeutic, or physiological effect of the products, and nothing on the Services should be understood as such a claim.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Our products are intended only for adults 21 years of age and older.

5. Orders, pricing, and payment

All orders are offers to purchase and are subject to our acceptance. We may accept, decline, or limit any order, and we may correct errors in pricing or product information even after an order is submitted.

Prices, product availability, and promotions are subject to change without notice. You are responsible for applicable taxes and any shipping charges shown at checkout. By providing a payment method, you authorize us and our payment processors to charge the total amount of your order.

6. Shipping, delivery, and restricted jurisdictions

We ship only within the areas we serve and do not ship to the jurisdictions listed in our Shipping Policy. Delivery times are estimates and are not guaranteed. Where required, an adult signature may be necessary at delivery.

Title and risk of loss pass to you upon our delivery of the products to the carrier, except as otherwise required by applicable law. You are responsible for providing a complete and accurate delivery address.

7. Returns and refunds

Returns, refunds, and exchanges are handled as described in our Return and Refund Policy (at /legal/returns) or as otherwise required by applicable law. Certain products may not be eligible for return for health, safety, or regulatory reasons. Contact us for assistance with any order.

8. Accounts

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used unlawfully.

9. Acceptable use

You agree not to:

• Use the Services or products for any unlawful purpose or in violation of any applicable law.
• Purchase products for delivery to, or resale in, any jurisdiction where they are prohibited or restricted, or circumvent our age, geographic, or quantity restrictions.
• Misrepresent your age, identity, or location.
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services, or use automated means to access or scrape the Services.
• Infringe our intellectual property or that of any third party.

10. Intellectual property

The Services and all content on them, including text, graphics, logos, images, and software, and the MitraGen and MitraGen+ names and marks, are owned by us or our licensors and are protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. Any other use requires our prior written permission.

11. Feedback and submissions

If you send us feedback, suggestions, reviews, or other materials, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and display them in connection with the Services. You represent that you have the rights to the materials you submit, and we may remove any content at our discretion.

12. Third-party links and services

The Services may contain links to or integrations with third-party websites and services that we do not control. We are not responsible for their content, products, or practices, and your use of them is at your own risk and subject to their terms.

13. Disclaimer of warranties

To the fullest extent permitted by law, the Services and products are provided on an AS IS and AS AVAILABLE basis, without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, we and our officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services or products, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or products will not exceed the greater of the amount you paid to us in the twelve months before the claim, or one hundred dollars (USD 100). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless Mitragen, Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your purchase or use of the products, your violation of these Terms, or your violation of any law or the rights of any third party, including the laws of your jurisdiction.

16. Dispute resolution; binding arbitration; class-action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Informal resolution first: before starting an arbitration, you agree to contact us at support@mitragenlabs.com and give us at least sixty (60) days to resolve the dispute informally.

Binding arbitration: any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the products that is not resolved informally will be resolved by binding, individual arbitration administered by a recognized arbitration provider, such as the American Arbitration Association, under its consumer arbitration rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver: you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Jury-trial waiver: you and we waive any right to a jury trial for any dispute covered by this section.

Your right to opt out: you may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing support@mitragenlabs.com with your name and a statement that you opt out of arbitration. If you opt out, the class-action waiver and jury-trial waiver do not apply to you.

Small-claims exception: either party may bring an individual claim in a small-claims court with jurisdiction. The seat and location of any arbitration will be in the State of Florida, unless applicable law requires otherwise.

17. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and by applicable United States federal law.

For any matter that is not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, and you consent to personal jurisdiction in those courts.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the updated Terms.

19. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law. The sections of these Terms that by their nature should survive termination will survive.

20. General

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent, and we may assign them freely. These Terms, together with our Privacy Policy and any policies referenced in them, are the entire agreement between you and us regarding the Services. We are not responsible for delays or failures caused by events beyond our reasonable control.

21. Contact us

Questions about these Terms can be sent to support@mitragenlabs.com.