Terms of Service

These Waitlist Terms of Service (the "Terms") are a binding legal agreement between you and Nibs Nutrition LLC, a Michigan limited liability company ("Nibs," "we," "us," or "our"). They govern your use of the Nibs waitlist website and any page that links to these Terms (the "Site"), your waitlist signup, and the Free Tin Promotion described in Section 4. By entering your email, checking the agreement box, or otherwise using the Site, you confirm that you have read, understood, and agree to these Terms and to our Waitlist Privacy Policy. If you do not agree, do not use the Site. PLEASE READ SECTION 11 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION, AND EXPLAINS HOW TO OPT OUT. Purchases of Focus+ will take place on our online store, which will have its own terms of sale. If those store terms conflict with these Terms on any purchase, the store terms control for that purchase. We may update these Terms at any time by posting a new version with a new "Last updated" date. If a change is material, we will also email the address on the waitlist. Your continued use of the Site, or staying on the waitlist after the change takes effect, means you accept the updated Terms. Changes to Section 11 will not apply to any dispute you notified us of before the change was posted. The most recent version posted on the Site replaces and supersedes all earlier versions. Each change takes effect when posted, or on any later date stated in the update, and applies going forward.

You may use the Site and join the waitlist only if all of the following are true: You are at least 18 years old, or the age of majority in your state if that is higher (19 in Alabama and Nebraska, 21 in Mississippi). You live in the United States (the 50 states or the District of Columbia). The email address you submit is your own, and all information you give us is true, accurate, and complete. You are not legally barred from receiving products or communications from us. Focus+ contains a stimulant and is not intended for anyone under 18. If we learn that someone under 18 has joined the waitlist, we will remove and delete their information. We may refuse, suspend, or remove any signup at any time, for any lawful reason, at our sole discretion.

Joining the waitlist means we save your email address and the time you signed up, and we will contact you about the launch of Focus+. No obligation. Joining does not require you to buy anything and does not reserve any product for you. No guarantee of launch. The launch date, price, formula, ingredient amounts, flavor, packaging, and availability of Focus+ may change at any time, and the product may never launch. No price promise. Any prices, discounts, or offers mentioned on the Site or in our emails are not binding until they appear at checkout on our online store. No property right. Your place on the waitlist has no cash value, cannot be sold or transferred, and creates no right other than those stated in Section 4. Leaving. You may leave at any time by clicking unsubscribe in any of our emails or by emailing legal@nibsmints.com. Leaving before your free tin ships ends your eligibility for it. We may pause, change, or close the waitlist at any time.

NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OR YOUR PLACE IN LINE. VOID WHERE PROHIBITED. This is a first-come promotion, not a sweepstakes or game of chance. No drawing is held. Sponsor: Nibs Nutrition LLC, PO Box 232, Keego Harbor, MI 48320. 4.1 Promotion period. The promotion begins when these Terms are first posted on October 18, 2026. New entries stop being accepted at the earlier of (a) the day our online store opens for purchases ("Store Launch"), or (b) the day 100 Recipients have confirmed under Section 4.6. The promotion ends completely on June 18, 2027 if no tins have shipped by then (see Section 4.10). 4.2 Who can take part. Anyone who meets Section 2. Not eligible: Nibs owners, members, managers, employees, and contractors; our manufacturers, packaging suppliers, and other vendors involved in Focus+; and the immediate family members (spouse, parent, child, sibling) and household members of any of them. 4.3 How to enter. Submit a valid email address through the Site's signup form and accept these Terms and the Waitlist Privacy Policy. Entry is free. One entry per person. 4.4 How order is decided. Entries are ranked by the date and time our system records when each signup is received, earliest first. Our records and system clock are final. We are not responsible for entries that are lost, late, incomplete, misdirected, or not recorded because of technical problems, internet outages, server delays, or any other cause. 4.5 Limits and disqualification. Limit one free tin per person, per household, and per shipping address. If one person enters with more than one email address, all of that person's entries are disqualified. If more than one entry lists the same shipping address, only the earliest eligible entry counts. All others are disqualified. We may disqualify, at our sole discretion and without notice, any entry or person we believe has used bots, scripts, or automated tools; disposable, temporary, or fake email addresses; false or misleading identity, age, or address information; VPNs, proxies, or other methods to create multiple identities; someone else's email address without permission; or any method to tamper with or undermine the promotion. You must still be subscribed to the waitlist when your tin ships. 4.6 Notification and claiming. Once tins are ready to ship, we will email entrants in order under Section 4.4. To claim, you must, within 14 days of our email, confirm your entry and provide your full name, a US shipping address, your date of birth to verify age, and the acknowledgments in Section 4.8. If you do not respond within 14 days, do not qualify, or cannot be verified, your place is forfeited and we move to the next entrant. We continue until 100 different eligible people ("Recipients") have confirmed, or until the promotion ends. We will only contact you from an @nibsmints.com address. We will never ask for a payment card, bank details, password, or Social Security number to claim a free tin. Treat any message that does as fraud. 4.7 The prize. One 24-count tin of Focus+ peppermint mints, approximate retail value ("ARV") $17.00, shipped free to an address in the United States. Total ARV of all prizes: $1,700.00. The tin cannot be exchanged for cash, transferred, or resold. The tin's formula, flavor, and packaging may differ from images or descriptions on the Site; the label on the tin you receive controls. If the tin is unavailable, we may substitute a Nibs product of equal or greater value. Any taxes are your responsibility. 4.8 Acknowledgments before shipping. Before your tin ships, you must confirm that you are at least 18; that you have read the product warning label in Section 6; that none of the label's exclusions apply to you; that you will consult a physician first if you take prescription medication or have a medical condition; and that you accept the assumption of risk and release in Sections 4.11 and 6. Do not send us details about your health. We only need your confirmation. 4.9 Shipping. Tins ship within 30 days after our first production run is complete and passes quality testing. Each Recipient gets one shipment. We are not responsible for tins lost, stolen, delayed, or damaged in transit, or for undeliverable addresses, and we do not send replacements. A tin returned as undeliverable is forfeited. 4.10 If production does not happen. If our first production run has not shipped by June 18, 2027, or if we decide not to launch Focus+, the promotion ends automatically. No tin, substitute, cash, or other compensation will be owed to anyone. 4.11 Release. To the fullest extent permitted by law, by taking part you release and agree to hold harmless Nibs and its owners, members, managers, employees, contractors, manufacturers, and suppliers from any claim, injury, loss, or damage arising from your participation, from receiving the tin, or from using or misusing it. 4.12 Posting about your tin. If you post about Focus+ on social media or anywhere else, you must clearly say you received it free from Nibs (for example, "Nibs sent me this for free" or #gifted), as required by the Federal Trade Commission's Endorsement Guides. We will not use your name, photo, video, or words in our marketing without your separate written permission. 4.13 Platforms. This promotion is not sponsored, endorsed, or administered by, or associated with, Meta, Instagram, Facebook, TikTok, Google, Apple, Vercel, or any other platform. You release those platforms from any liability connected to it. 4.14 Changes and cancellation. If fraud, technical failure, a supply problem, a change in law, or any other cause beyond our reasonable control affects the promotion, we may modify, suspend, or end it. If we end it, we may award tins to eligible Recipients who confirmed before it ended. No change to these Official Rules will reduce the rights of a Recipient who confirmed under Section 4.6 before the change was posted. 4.15 These rules control. If anything on the Site, in an ad, or in an email conflicts with these Official Rules, these Official Rules control.

The guarantee applies only to paid purchases on our online store, and the store's terms of sale govern it. In summary: First paid order only. One guarantee per person, household, payment method, and shipping address. Free tins from Section 4 do not qualify. 30-day window. You must ask within 30 days of the delivery date shown by carrier tracking. Contact us first. Email support@nibsmints.com. We will first reply to help, for example with timing and use tips, before processing a refund. Only one tin opened. If your order had more than one tin, all other tins must be unopened with their factory seal intact. Video proof. Send a short video showing the opened tin and every remaining tin unopened and sealed. Return of unopened tins. Unopened tins must be returned within 14 days using a prepaid return label we provide. You keep the opened tin. Refund. Once approved and the unopened tins are shipped back, we refund the full amount you paid for that first order, including shipping, to your original payment method within 10 business days. We may deny a guarantee request if we reasonably believe it involves fraud, reselling, abuse of the guarantee (including repeat claims under different names, emails, or addresses), or a chargeback filed for the same order. If you file a chargeback, the guarantee no longer applies to that order.

Not medical advice. Everything on the Site and in our emails is general information only. It is not medical advice and does not replace a doctor's care. Never ignore or delay medical advice because of something you read from us. Product warning. Focus+ is a dietary supplement that contains paraxanthine, a stimulant. The current warning label reads: WARNING: Do not exceed 8 mints in 24 hours. Not for use by anyone under 18, or by women who are pregnant or nursing. Contains paraxanthine, a stimulant. Not recommended for people sensitive to caffeine or other stimulants. Consult a physician before use if you take prescription medication, especially antidepressants, or have a medical condition. This is a dietary supplement, not candy. Keep out of reach of children. The label on the product you actually receive always controls. Read the full ingredient list before use to check for anything you are allergic or sensitive to. Results vary. People respond differently to supplements. We do not promise any particular effect, and some people may feel nothing. Assumption of risk. YOU USE FOCUS+ VOLUNTARILY AND AT YOUR OWN RISK. Possible risks include, without limitation, allergic or sensitivity reactions, interactions with medications or other supplements, stimulant effects such as increased heart rate, restlessness, or trouble sleeping, digestive upset, and choking. To the fullest extent permitted by law, you accept these risks and are responsible for following the label and for consulting a physician where the label tells you to. Keep away from children and pets. Store the tin out of reach of anyone under 18 and of animals. Reporting a reaction. If you have a serious adverse reaction, seek medical help right away, then report it to us at legal@nibsmints.com or Nibs Nutrition LLC, PO Box 232, Keego Harbor, MI 48320.

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. Product descriptions on the Site describe Focus+ as currently planned. Ingredients, amounts, flavor, tin size, count, and price may change before or after launch. Images are for illustration and may not match the final product exactly. Information about individual ingredients describes those ingredients and the research on them. It is not a claim that Focus+ itself has been clinically tested unless we say so expressly. Comparisons to energy drinks or other products are general descriptions, not medical or scientific claims about any specific brand.

By joining the waitlist, you agree to receive emails from Nibs, including launch announcements, waitlist and promotion notices, product news, and marketing offers. Every marketing email will include an unsubscribe link, and you can also unsubscribe by emailing legal@nibsmints.com. Unsubscribing does not stop messages we must send you for legal or transactional reasons, such as free tin claim notices you have started. You agree that notices, disclosures, and other communications we send electronically satisfy any legal requirement that they be in writing. We do not send text messages from the Site. If we ever offer texts, we will ask for your separate, express consent first, and that consent will never be a condition of any purchase.

Our property. The Site and everything on it, including text, graphics, logos, images, videos, design, and code, is owned by or licensed to Nibs and protected by copyright, trademark, and other laws. NIBS, NIBS NOOTROPICS, FOCUS+, and our logos are trademarks of Nibs Nutrition LLC. You may view the Site for your own personal, non-commercial use only. You may not copy, modify, distribute, or use our content or marks without our written permission. Feedback. If you send us ideas or suggestions, we may use them freely without any obligation or payment to you. You agree not to: Use bots, scripts, scrapers, or other automated tools on the Site. Create multiple identities or submit false, misleading, or someone else's information. Interfere with, overload, probe, or bypass the security of the Site or the systems behind it. Copy, reverse engineer, or harvest data or email addresses from the Site. Resell, auction, or list for sale any free tin or product received through the promotion. Impersonate Nibs or any person, or use the Site for spam, fraud, or anything unlawful. We may remove you from the waitlist, disqualify you from the promotion, and take legal action for any violation.

Disclaimer of warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE WAITLIST, THE PROMOTION, AND ANY FREE TIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY 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, OR SECURE, OR THAT FOCUS+ WILL PRODUCE ANY PARTICULAR RESULT FOR YOU. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NIBS AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, MANUFACTURERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THE SITE, THE WAITLIST, THE PROMOTION, OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS COMBINED WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS ($100). Some states do not allow certain warranty disclaimers or liability limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence, or willful misconduct. Indemnification. You agree to defend, indemnify, and hold harmless Nibs and its owners, members, managers, employees, contractors, manufacturers, and suppliers from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your misuse of the Site or of any product, any false information you give us, or your violation of any law or the rights of any third party. Third-party services. The Site runs on third-party services, including hosting and data storage providers. We are not responsible for their outages, errors, or security failures beyond our reasonable control.

11.1 Talk to us first. Before starting any arbitration or lawsuit, you agree to email legal@nibsmints.com with your name, email address, a description of the dispute, and the relief you want. Both sides will try in good faith to resolve it for 60 days before either files anything. Any time limit for bringing the claim is paused during those 60 days. 11.2 Agreement to arbitrate. Except as stated in Section 11.3, any dispute, claim, or controversy between you and Nibs arising from or relating to these Terms, the Site, the waitlist, the promotion, or any Nibs product (a "Dispute") will be resolved by final and binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at adr.org. The Federal Arbitration Act governs this Section 11. The arbitrator, not a court, decides all questions about whether a Dispute must be arbitrated, including the scope, validity, and enforceability of this agreement to arbitrate, except as stated in Section 11.10. 11.3 Exceptions. Either side may (a) bring an individual claim in small claims court if it qualifies and stays there, or (b) ask a court for an injunction to stop misuse of its trademarks, copyrights, or other intellectual property. 11.4 How arbitration works. Hearings will be held by video or phone where possible. Any in-person hearing will be held in Oakland County, Michigan, unless the AAA rules require a location more convenient to you. Filing and arbitrator fees are paid as the AAA Consumer Arbitration Rules provide. The arbitrator may award the same individual relief a court could, but only to you individually. 11.5 Class action and jury trial waiver. YOU AND NIBS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING, JOIN, OR TAKE PART IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Disputes will be heard only on an individual basis. 11.6 Mass arbitration. If 25 or more similar demands for arbitration are filed against Nibs by or with the help of the same or coordinated lawyers or organizations, they will be administered in batches of up to 25 demands, one batch at a time, with one arbitrator per batch and one set of fees per batch. Time limits for demands waiting in later batches are paused until their batch begins. A court may enforce this Section 11.6. 11.7 Your right to opt out. You may opt out of this agreement to arbitrate by emailing legal@nibsmints.com within 30 days after you first accept these Terms. Include your name, the email address you signed up with, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. 11.8 Time limit for claims. To the extent permitted by law, any Dispute must be started within one (1) year after it arose, or it is permanently barred. 11.9 Governing law and courts. These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. Any Dispute that is not arbitrated will be heard only in the state courts located in Oakland County, Michigan, or the United States District Court for the Eastern District of Michigan, and you and Nibs consent to their jurisdiction. 11.10 If part of this section fails. If a court decides that the class action waiver in Section 11.5 cannot be enforced for a particular claim, then that claim, and only that claim, will be decided by a court under Section 11.9, after all arbitrable claims are decided. A court decides whether the class action waiver is enforceable. 11.11 Changes to this section. If we change this Section 11, the change will not apply to any Dispute you notified us of before the change was posted, and you may reject the change by emailing legal@nibsmints.com within 30 days of the posting.

Events beyond our control. We are not responsible for any delay or failure caused by events beyond our reasonable control, including manufacturer or supplier delays or failures, ingredient or packaging shortages, quality testing failures, carrier delays, natural disasters, pandemics, labor disputes, government action, changes in law or regulation, and internet or hosting outages. Entire agreement. These Terms and the Waitlist Privacy Policy are the entire agreement between you and Nibs about the Site, the waitlist, and the promotion. Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed, and the rest stays in effect. No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later. Assignment. You may not transfer your rights under these Terms. We may transfer ours, including as part of a merger, acquisition, sale of assets, or reorganization. Survival. Sections 4.11, 6, 9, 10, 11, and 12 survive after you leave the waitlist or the promotion ends. Interpretation. "Including" means "including without limitation." Headings are for convenience only. There are no third-party beneficiaries except the released parties named in Sections 4.11 and 10. Contact Nibs Nutrition LLC PO Box 232, Keego Harbor, MI 48320 Legal and privacy: legal@nibsmints.com Support: support@nibsmints.com