Terms of service
Terms and Conditions
Kandy For Equity Holdings LLC
Last Updated: April 17, 2026.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 17.7.
PLEASE REVIEW SECTION 17 CAREFULLY.
1. Acceptance of Terms
These Terms and Conditions ("Terms") are entered into by and between you and Kandy For Equity Holdings LLC ("Company," "we," "our," or "us").
These Terms govern your access to and use of:
- trysculptique.com;
- Any related websites, checkout funnels, landing pages, subdomains, mobile applications, and services;
- Any purchases of products offered through the foregoing (collectively, the "Website");
- Any products or subscription services ("Products").
By accessing or using the Website, creating an account, enrolling in a subscription, clicking "I agree," or purchasing any Product, you:
- Represent that you are at least eighteen (18) years old;
- Represent that you have legal capacity to enter a binding agreement;
- Agree to be bound by these Terms in their entirety.
If you do not agree, you must not access or use the Website.
1.1 Electronic Assent; Clickwrap
Where presented, you will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging your agreement to these Terms before completing certain transactions. Your affirmative action constitutes legally binding electronic consent.
1.2 Modifications to Terms
We may revise these Terms at any time in our sole discretion. If changes are material, we will provide at least 30 days notice prior to any new terms taking effect. Continued use of the Website after changes become effective constitutes acceptance.
2. Access to Website
We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use.
We reserve the right to:
- Modify or discontinue any part of the Website;
- Restrict or terminate access;
- Refuse service to any user.
We are not liable if the Website becomes unavailable.
3. Account Security
If you create an account:
- You must provide accurate and current information;
- You are responsible for maintaining confidentiality of login credentials;
- You must notify us immediately of unauthorized access.
We may disable accounts at our discretion for violations of these Terms.
4. Prohibited Uses
You agree not to:
- Violate any applicable law;
- Scrape, crawl, or use automated means to access the Website;
- Interfere with Website security;
- Upload malicious code;
- Engage in fraudulent or deceptive conduct;
- Impersonate any person or entity;
- Attempt unauthorized access to systems or data;
- Resell products through unauthorized third-party platforms (including Amazon, eBay, or similar marketplaces). Violation will result in a permanent ban and legal action.
We reserve the right to investigate and pursue violations to the fullest extent permitted by law.
5. Intellectual Property
All Website content, including text, images, graphics, trademarks, logos, software, and design elements, are owned by or licensed to the Company. You may not reproduce, distribute, modify, or exploit Website content without prior written consent. No rights are granted except as expressly provided herein.
Copyright infringement claims may be submitted to info@trysculptique.com with the subject line: "Copyright Infringement," including a detailed description of the alleged infringement, the URL where the work exists, and your contact information.
6. Product Information; FDA Disclaimer
Statements made regarding Products have not been evaluated by the United States Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease.
All information provided on the Website is for informational and educational purposes only and is not medical advice. You should consult a qualified healthcare professional before beginning any supplement program, especially if you are pregnant, nursing, taking medication, or have a medical condition. Individual results may vary.
6.1 No Medical or Professional Advice
Nothing on the Website constitutes medical, legal, or professional advice. You acknowledge that any reliance on information presented on the Website is at your own risk.
6.2 Reliance Disclaimer
Any reliance you place on information presented on or through the Website is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on Website materials, any interpretation of product descriptions or educational content, or any third-party materials or testimonials appearing on the Website.
7. Communications; Electronic Consent
By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us, including order confirmations, shipping notifications, subscription reminders, customer service communications, and marketing communications (if opted in). You may opt out of marketing emails by using the unsubscribe link in such communications. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
8. Privacy
8.1 Privacy Policy
All information we collect is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.
8.2 Cookies and Tracking Technologies
Our Website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities. Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy.
9. Payments and Billing
9.1 Orders as Offers
An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by the Company. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, pricing errors, or product unavailability. Prices are listed in U.S. dollars and are subject to change without notice.
9.2 Payment Authorization
By providing a payment method, you represent and warrant that you are authorized to use the payment method and that all payment information provided is accurate and current. You authorize the Company to charge your payment method for:
- Products purchased;
- Subscription renewals;
- Shipping charges;
- Applicable taxes;
- Any other disclosed fees.
If payment is declined, we may suspend or cancel your order.
9.3 Third-Party Payment Processors
Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies. The Company is not responsible for payment processor errors.
10. Shipping; Title; Risk of Loss
Products are shipped via third-party carriers. Orders are typically processed within 1–2 business days and ship from our U.S. fulfillment center. Standard domestic delivery times range from 3–7 business days, depending on location.
Unless otherwise required by law, title and risk of loss transfer to you upon delivery to the carrier. Carrier delivery confirmation shall be deemed conclusive proof of delivery to the address provided by you, even without a signature.
We are not responsible for delays caused by carriers, weather, customs, or incorrect shipping information provided by you. International customers are responsible for customs duties and import taxes.
11. Availability; Errors; Inaccuracies
We may update product information, pricing, or availability at any time without prior notice. The Website may contain typographical errors or inaccuracies. We reserve the right to correct errors and cancel orders affected by pricing or description inaccuracies.
12. Force Majeure
The Company shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergencies, labor disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages, or carrier delays.
13. Subscriptions; Automatic Renewal; Cancellation
13.1 Subscription Enrollment
The Website may offer subscription purchase options ("Subscription Services") that provide automatic recurring shipments of Products at the frequency selected during checkout. If you enroll in a Subscription Service, you agree that your subscription includes recurring payment obligations, the Company is authorized to charge your payment method automatically at the selected billing interval, and shipments will continue until cancelled in accordance with these Terms.
13.2 Clear and Conspicuous Disclosure; Affirmative Consent
At the time of enrollment, the recurring billing terms — including the fact that charges will recur automatically, the billing frequency, the amount to be charged, and the cancellation policy — will be presented in a clear and conspicuous manner prior to completion of your purchase. You will be required to take an affirmative action acknowledging the recurring nature of the subscription before completing your purchase.
13.3 Automatic Renewal
UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT. YOU WILL NOT RECEIVE AN ADDITIONAL REMINDER PRIOR TO EACH RENEWAL UNLESS REQUIRED BY APPLICABLE LAW.
13.4 How to Cancel
You may cancel your Subscription Service at any time. To avoid the next scheduled charge, cancellation must be completed at least twenty-four (24) hours before your next billing date. You may cancel through any of the following methods:
- Logging into your account portal and following the cancellation instructions;
- Emailing info@trysculptique.com;
- Calling (877) 694-1919 from 8am–8pm PST.
We will not require you to call a live representative to cancel. After cancellation, no future recurring charges will be made and no additional shipments will be sent after the current billing cycle.
13.5 Account Updater Disclosure
We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information if your card issuer provides updated information. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.
13.6 Failed Payments; Reaffirmation of Authorization
If a recurring charge fails, you authorize us to retry the charge, contact you for updated payment information, and suspend shipments until payment is received. Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method. Unpaid balances may be referred for collection where permitted by law.
14. SMS / Mobile Messaging Program
Kandy For Equity Holdings LLC may offer a mobile messaging program ("Program"). By opting into the Program, you agree to receive recurring marketing and transactional text messages from or on behalf of the Company at the mobile number you provided.
14.1 Consent to Receive Messages
By opting in, you expressly consent to receive autodialed or prerecorded marketing messages, acknowledge that consent is not a condition of purchase, understand that message frequency varies, and agree that message and data rates may apply. Users that opt into the Program can expect to receive messages concerning the marketing and sale of Sculptique supplements, digital programs, new product releases, products from partnered companies, giveaways, early access offers, special deals and discounts, and other brand-related communications. Messages may include checkout reminders.
14.2 Opt-Out Procedure
You may opt out at any time by replying: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive a confirmation message. Only the above methods constitute valid opt-out methods.
14.3 Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless provider.
14.4 Age Restriction
You may not participate in the Program if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18), you must have parental or legal guardian consent.
14.5 Florida Telemarketing Compliance
To the extent applicable, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act. For compliance purposes, you agree that we may assume you are a Florida resident if, at the time of opt-in, your shipping address is located in Florida or the area code for the phone number used to opt in is a Florida area code. Mobile messages sent by us in direct response to your requests do not constitute a "telephonic sales call" under Florida law.
14.6 Program Description; Message Frequency
Message frequency varies and may be influenced by your interactions with us. Additional mobile messages may be sent periodically based on your purchases, account activity, or engagement with the Website.
15. User Content
The Website may allow users to post reviews, testimonials, comments, or other content ("User Content"). By submitting User Content, you grant the Company a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from such content for business and marketing purposes. You represent and warrant that you own or control all rights in the User Content, the content does not violate third-party rights, and the content is truthful and not misleading.
15.1 Monitoring and Enforcement
We reserve the right, but not the obligation, to remove or refuse to post User Content, take action if content violates these Terms, and terminate or suspend user access.
15.2 Law Enforcement Cooperation
We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user. You waive and hold harmless the Company from any claims arising from such disclosures made in good faith compliance with legal obligations.
16. Disclaimers
THE WEBSITE, PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND AVAILABILITY. Some jurisdictions do not allow certain disclaimers; in such cases, the disclaimers shall apply to the fullest extent permitted by law.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY PRODUCT PURCHASE, OR ANY SUBSCRIPTION SERVICE.
17.1 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00). THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.
17.2 Allocation of Risk
You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section and that the Company would not enter into these Terms without these limitations.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, and successors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Website or Products, your violation of any law, or your violation of any third-party rights.
19. Limitation on Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED.
20. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND THE COMPANY AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.
20.1 Agreement to Arbitrate
You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Website, any Product, any subscription or automatic renewal, any advertising or marketing practices, or any alleged misrepresentation (collectively, "Dispute") shall be resolved exclusively through binding, confidential arbitration on an individual basis.
20.2 Federal Arbitration Act
These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation, enforcement, and proceedings under this arbitration agreement.
20.3 Mandatory Pre-Arbitration Notice
Before initiating arbitration, the initiating party must send a written Notice of Dispute including full name, mailing address, email associated with account, description of claim, and specific relief sought. If you initiate the Dispute, notice must be sent by certified mail to:
Kandy For Equity Holdings LLC
Attn: Legal Department
254 Chapman Rd, Newark, Delaware 19702 US
The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration.
20.4 Reservation of Self-Help Remedies
Nothing in this Section prevents the Company from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.
20.5 Arbitration Procedure
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules before a single neutral arbitrator. The arbitrator shall be authorized to award all remedies that would be available in an individual action under applicable substantive law. The arbitrator may not award relief on a class, representative, or consolidated basis.
20.6 Arbitration Cost Allocation
Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. The Company will bear arbitration fees in excess of the amount the consumer would be required to pay to file a comparable action in court. Each party shall bear its own attorneys' fees unless otherwise provided by law.
20.7 Small Claims Exception
Either party may bring an individual action in small claims court.
20.8 Equitable and Protective Relief
Notwithstanding the foregoing arbitration requirement, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal courts located in Delaware for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or violation of these Terms in a manner that threatens irreparable harm. You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.
20.9 Public Injunctive Relief
To the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. However, all other claims seeking monetary or individualized relief shall remain subject to binding arbitration as set forth herein.
21. Class Action Waiver
YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, SERVE AS A CLASS REPRESENTATIVE, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS PROCEEDINGS.
22. Mass Action Waiver
No Dispute shall be brought as a "Mass Action." A "Mass Action" means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without consent.
22.1 Batching Procedure
If Mass Action conditions are met, claims shall be grouped in batches of no more than 200 claimants, only one batch shall proceed at a time, and a separate arbitrator shall be appointed per batch. Statutes of limitation shall be tolled during batching.
23. Jury Trial Waiver
IF ANY DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.
24. Opt-Out Right
You may opt out of arbitration within thirty (30) days of first acceptance of these Terms by sending certified mail notice including your name, address, email, and a clear statement of opt-out to: 254 Chapman Rd, Newark, Delaware 19702 US.
25. Claim-Specific Severability
If any portion of this arbitration agreement is found unenforceable as to a specific claim, that claim shall proceed in court while all other claims remain subject to arbitration.
26. Governing Law
Except as otherwise provided in Section 20, these Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
27. Miscellaneous
These Terms constitute the entire agreement between you and the Company. No waiver shall be deemed continuing. If any provision is invalid, the remaining provisions remain in effect. The Company may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets. No ambiguity shall be construed against the drafting party.
The provisions regarding dispute resolution, arbitration, class action waiver, mass action waiver, limitation of liability, indemnification, intellectual property, payment obligations, and any other provisions which by their nature should survive termination shall survive termination of these Terms.
Contact Information
Kandy For Equity Holdings LLC
254 Chapman Rd, Newark, Delaware 19702 US
Email: info@trysculptique.com
Phone: (877) 694-1919 (8am–8pm PST)