Eligibility and Accounts
You must be old enough to form a binding contract in your place of residence to use our website or purchase products from us. If you create an account or provide customer information, you agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for maintaining the confidentiality of your account credentials and for activity under your account.
Pre-Launch Waitlist
Before launch, we may offer a waitlist or private preview. Joining the waitlist does not guarantee access to products, product availability, pricing, discounts, launch timing, or any particular offer. We may modify, pause, or close the waitlist at any time.
Products and Nutrition Information
Daybreak sells protein bars and related snack products. We try to describe our products accurately, but product details, ingredients, nutrition facts, allergens, packaging, and availability may change. Always review the product label before consuming a product, especially if you have allergies, sensitivities, dietary restrictions, or medical conditions.
Our products and website content are not medical advice and are not intended to diagnose, treat, cure, or prevent any disease. Consult a qualified healthcare professional if you have questions about whether a product is right for you.
Orders and Acceptance
When you place an order, you are making an offer to purchase the products in your cart. We may accept, reject, cancel, or limit an order for reasons including product availability, suspected fraud, errors, shipping restrictions, or violation of these Terms.
After you place an order, you may receive an order confirmation. This confirmation does not mean the order has been accepted if we later identify a problem with the order.
Pricing, Payment, and Taxes
Prices are listed in U.S. dollars unless otherwise stated. We may change prices, discounts, subscriptions, bundles, and promotions at any time. You agree to pay all charges shown at checkout, including product prices, shipping charges, taxes, and other fees.
Payments are processed through Shopify and/or third-party payment processors. By submitting payment information, you represent that you are authorized to use the selected payment method.
Product Availability and Pricing Errors
Products may be limited, unavailable, delayed, discontinued, or offered in limited quantities. We may correct pricing, discount, product, or availability errors at any time, including after an order is submitted. If we cancel an order after payment because of an error or unavailable product, we will refund the amount charged for the canceled item.
Shipping and Delivery
Shipping options, costs, estimated delivery windows, and eligible destinations will be shown at checkout when available. Delivery dates are estimates and are not guaranteed. Shipping delays may occur due to carrier issues, weather, inventory constraints, address errors, or other events outside our control.
Risk of loss and title for products pass to you when the products are delivered to the carrier or as otherwise required by applicable law. Please contact us at [support email] if your order arrives damaged, missing, or incorrect.
Returns and Refunds
Our return and refund policy will be posted or linked at checkout and may vary by product, promotion, or order type. Unless a different written policy applies, contact us at [support email] within [number] days of delivery if there is an issue with your order.
Because Daybreak products are food items, returns may be limited for safety and quality reasons. We may require photos, order details, or other information before issuing a replacement, credit, or refund.
Subscriptions and Promotions
If we offer subscriptions, replenishment plans, discounts, referral programs, or other promotions, additional terms may apply. We may modify, pause, or end promotions at any time. Promotional offers are not redeemable for cash and may be limited to certain customers, products, or time periods.
Email and SMS Marketing
You may choose to receive marketing emails or SMS messages from Daybreak. If you provide your phone number and consent to SMS marketing, you agree to receive recurring automated marketing text messages from Daybreak at the phone number provided. Messages may include launch announcements, inventory and restock updates, new flavor releases, and subscriber-only offers. We do not currently plan to send abandoned cart SMS messages.
Consent to SMS marketing is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe and HELP for help. We may share phone numbers and related messaging information with SMS service providers, including Klaviyo and telecommunications providers, only as needed to provide messaging services, manage consent, deliver messages, prevent fraud or abuse, and comply with law.
You can unsubscribe from marketing emails using the unsubscribe link in our emails. Transactional or service-related messages, such as order confirmations and shipping notices, may still be sent where permitted.
Customer Content and Feedback
If you submit reviews, photos, comments, feedback, ideas, or other content to us, you grant Daybreak a non-exclusive, worldwide, royalty-free license to use, reproduce, display, edit, and distribute that content for operating, improving, and marketing Daybreak, subject to applicable law and our Privacy Policy.
You are responsible for content you submit and agree not to submit content that is unlawful, misleading, infringing, harmful, or violates the rights of others.
Intellectual Property
The Daybreak name, logos, product names, website design, text, graphics, images, product packaging, and other content are owned by Daybreak or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or exploit our content without our prior written permission.
Prohibited Uses
You agree not to misuse our website or services, including by interfering with site security, attempting unauthorized access, scraping or harvesting data, submitting false information, violating law, infringing rights, transmitting malicious code, or using our website for fraudulent or harmful activity.
Third-Party Services and Links
Our website may rely on or link to third-party services, including Shopify, Klaviyo, payment processors, shipping carriers, social media platforms, and analytics providers. We are not responsible for third-party websites, services, policies, or practices.
Disclaimer of Warranties
Our website, waitlist, services, and products are provided "as is" and "as available" to the fullest extent permitted by law. We do not promise that the website will be uninterrupted, error-free, secure, or always available, or that product descriptions, availability, or content will always be complete or current.
Limitation of Liability
To the fullest extent permitted by law, Daybreak and its owners, employees, contractors, service providers, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption arising from or related to your use of our website, services, or products.
To the fullest extent permitted by law, our total liability for any claim related to the website, services, or products will not exceed the amount you paid to Daybreak for the product or service giving rise to the claim, or $100 if no purchase was made.
Indemnification
You agree to defend, indemnify, and hold harmless Daybreak and its owners, employees, contractors, service providers, and partners from claims, damages, liabilities, costs, and expenses arising from your misuse of our website or services, your violation of these Terms, or your violation of law or the rights of another person.
Governing Law
These Terms are governed by the laws of [State/Commonwealth/Country], without regard to conflict of law rules. Any disputes will be handled in the courts located in [County/State], unless applicable law requires otherwise.
Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Your continued use of the website or services after changes are posted means you accept the updated Terms.
Contact Us
Daybreak Protein LLC
[Legal mailing address]
[City, State ZIP]
[Support/contact email]
[Optional phone number]