Terms of service
Terms of Service
Effective: August 31, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT TERMS ABOUT YOUR USE OF THE SERVICES, LIMITATIONS OF LIABILITY, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER.
This website is operated by Better Soda, Inc. doing business as PRODA ("PRODA," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of drinkproda.com, our online store, customer accounts, products, subscriptions, communications, and related services (collectively, the "Services").
By accessing or using the Services, creating an account, or placing an order, you agree to these Terms and the policies incorporated by reference, including our Privacy Policy, Refund Policy, Shipping Policy, and Subscription Policy. If you do not agree, do not use the Services.
1. Eligibility and Online Store Terms
You represent that you are at least 18 years old or at least the minimum legal age to enter into a binding contract in your jurisdiction. You also represent that you are not located in a country subject to a United States government embargo, are not located in a country designated by the United States government as supporting terrorism, and are not listed on a United States government list of prohibited or restricted parties.
You may not use the Services or our products for an unlawful or unauthorized purpose or violate any applicable law in connection with your use.
2. Shopify and Other Service Providers
Our store is hosted by Shopify, which provides the ecommerce platform used to offer products and Services. We may also use Shop, Shop Pay, payment processors, customer-account providers, Amazon Multi-Channel Fulfillment, Buy with Prime or other eligible Prime-related services, carriers, communications providers, analytics providers, and other third parties. Your use of a third-party service may also be governed by that provider's terms and privacy notice.
3. Accounts
Some features require an account. You agree to provide accurate, complete, and current information and to keep it updated. You are responsible for maintaining the confidentiality of account credentials and for activity under your account. Notify us promptly at Info@drinkproda.com if you believe an account has been accessed without authorization.
We may suspend or terminate access to an account or the Services if we reasonably believe these Terms have been violated, an account creates risk, or suspension is required by law.
4. Products and Product Information
We try to describe and display products accurately. Colors, packaging, labels, images, ingredients, nutrition information, availability, and other details may change or may appear differently on a device. Review the current physical product label before use. If website information conflicts with the physical product label or you have a question about an ingredient, allergen, or nutrition statement, contact us before using the product.
We may change, limit, or discontinue a product; limit sales by person, household, address, account, payment method, region, or order; and correct errors or omissions, subject to applicable law. An offer is void where prohibited.
5. Health Information Disclaimer
Health-related, wellness, nutrition, or fitness information provided through the Services is for general informational purposes only. It is not medical advice and is not a substitute for advice from a qualified health professional. Consult a physician or other qualified provider if you have a health question, condition, allergy, dietary restriction, or concern about using a product. Our products are not intended to diagnose, treat, cure, or prevent any disease.
6. Orders, Pricing, Taxes, and Payment
Display of a product is an invitation to purchase and does not require us to accept an order. We may reject or cancel an order, limit quantities, correct a pricing or description error, or discontinue a product, subject to applicable law. If we cancel an accepted order after payment, we will issue any refund required for the canceled amount.
Prices, discounts, taxes, shipping charges, and availability are shown at checkout and may change before you submit an order. You agree to provide current, complete, and accurate purchase, billing, payment, contact, and delivery information. You authorize PRODA and its payment providers to charge the selected payment method for the amounts shown at checkout.
Direct purchases through our store are processed through Shopify and participating payment services. If you choose Shop Pay, Shopify may recognize your Shop account and use information you saved with Shopify to provide an accelerated checkout. A purchase completed directly on Amazon.com is a transaction with the seller identified on Amazon and is governed by the terms and policies shown there.
7. Subscriptions and Automatic Renewal
If you select Subscribe & Save, the eligible product, quantity, delivery frequency, price or discount, shipping charge, taxes, and other material terms will be shown before you submit the order and in a confirmation you can retain. Current eligible plans provide 10% off eligible product prices and offer delivery every 2 weeks, 4 weeks, or 8 weeks. Available products, quantities, prices, discounts, and cadences may change for new subscriptions.
Your subscription renews automatically at the selected interval until you cancel. You authorize PRODA and its payment provider to charge the payment method on file for each renewal, including applicable shipping charges and taxes.
You may cancel at any time without a cancellation fee using the online cancellation control in your customer account or subscription-management link. You may also use the cancellation method described in our Subscription Policy. Complete a change before the next renewal order is processed. Once an order is processed or shipped, it may not be canceled or refunded except as required by law or provided in our Refund Policy.
8. Shipping, Delivery, and Fulfillment
Shipping options, rates, service areas, and estimated delivery windows are described in our Shipping Policy and shown at checkout. We may use Amazon Multi-Channel Fulfillment, Buy with Prime or another eligible Prime-related service, Amazon Logistics, or another carrier or fulfillment provider. A delivery date or speed is an estimate unless we expressly state it is guaranteed. An order may be divided into more than one shipment.
You are responsible for providing a complete and accurate delivery address and for promptly reporting a delivery issue. We are not responsible for a delay or failed delivery caused by incorrect or incomplete information you supplied, subject to applicable law.
9. Returns, Refunds, Damage, and Order Changes
Our Refund Policy explains the terms that apply to returns, refunds, damage, cancellation, and order changes. To request an order modification or cancellation, email Info@drinkproda.com immediately with your order number and "CANCEL/MODIFY" in the subject line. We will try to accommodate the request, but cannot guarantee a change after an order is placed or released to fulfillment.
If a product arrives damaged, contact us promptly and include your order number and photos of the shipping package and damaged product if available. Subscription cancellation affects future renewals only. Nothing in these Terms limits a right or remedy that applicable law does not allow us to limit.
10. Email and SMS
Marketing enrollment is optional and is not a condition of purchase. If you separately opt in to SMS, you agree to receive recurring automated marketing messages from PRODA at the number provided, which may include cart or checkout reminders. Message frequency varies. Message and data rates may apply. Consent is not required to make a purchase.
Reply STOP to opt out of SMS and HELP for help. You may unsubscribe from marketing email using the unsubscribe link in an email. Transactional account, order, safety, or subscription messages may continue as permitted by law.
You represent that you are the account holder or authorized user of the email address or telephone number you provide. Notify us if your contact information changes. Mobile carriers are not responsible for delayed or undelivered messages.
11. Promotions and Offers
An offer, discount, giveaway, sweepstakes, or promotion may be subject to separate terms or official rules presented with it. If promotion-specific terms conflict with these Terms, the promotion-specific terms control for that promotion. Promotions are void where prohibited. Unless otherwise stated, discounts cannot be combined, have no cash value, and may be changed or ended subject to applicable law.
If you choose a Shop-enabled lead-capture offer, you may be asked to authenticate a Shop account, and an eligible discount may be saved to that account and applied when you check out with Shop Pay. Email and SMS are separate marketing channels. Providing an email address, authenticating with Shop, or receiving an email discount does not by itself constitute consent to promotional SMS.
12. Third-Party Services and Links
The Services may link to or integrate with third-party websites, marketplaces, maps, payment methods, social networks, or tools. We do not control and are not responsible for a third party's content, availability, security, products, acts, or policies. Review the third party's terms and privacy notice before using its service.
13. User Submissions
If you submit a review, comment, photo, idea, suggestion, contest entry, or other content, you represent that you have the right to provide it and that it does not violate law or another person's rights. Unless separate written terms state otherwise, you grant PRODA a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, distribute, and display the submission for the purpose for which it was provided, to operate and improve the Services, and to promote PRODA and its products. This license lasts only as long as reasonably necessary for those purposes, subject to materials already produced and legal retention requirements.
We may remove a submission that violates these Terms or is unlawful, misleading, infringing, abusive, or otherwise objectionable. We are not obligated to maintain a submission in confidence, pay compensation, or respond, unless required by law or agreed in writing.
14. Intellectual Property
The Services, including PRODA names, logos, product names, packaging, designs, photographs, graphics, text, video, software, and other content, are owned by or licensed to PRODA and are protected by intellectual-property laws. Except as expressly permitted by law or in writing by PRODA, you may not copy, reproduce, modify, distribute, publish, display, transmit, sell, license, create derivative works from, or commercially exploit the Services or their content.
15. Prohibited Uses
You may not use the Services to:
- violate law or another person's rights;
- submit false, misleading, fraudulent, infringing, abusive, or unlawful material;
- transmit malware or harmful code;
- phish, scrape, crawl, probe, reverse engineer, or access the Services by automated means except as permitted by law or our written authorization;
- collect or track another person's personal information without authorization;
- interfere with the security, availability, or operation of the Services; or
- circumvent a security, access-control, purchase-limit, or anti-fraud measure.
We may restrict or terminate use of the Services for a prohibited use.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND WEBSITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRODUCTS REMAIN SUBJECT TO ANY DESCRIPTION, WARRANTY, OR REMEDY THAT APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM. PRODA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPLETELY ACCURATE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT A RIGHT OR REMEDY THAT CANNOT LAWFULLY BE LIMITED.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODA AND ITS AFFILIATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, CONTENT, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, CONTENT, OR THESE TERMS WILL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (US $1,000.00).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, INCLUDING LIMITATIONS FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, LIABILITY IS LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless PRODA and its affiliates, members, managers, directors, officers, employees, agents, contractors, licensors, and service providers from a third-party claim, loss, liability, damage, judgment, cost, or reasonable attorneys' fee arising from your unlawful use of the Services, your submission, your material breach of these Terms, or your violation of another person's rights.
19. Termination
These Terms remain effective while you use the Services. You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, create risk or potential legal exposure, or if required by law. Provisions that by their nature should survive termination will survive, including intellectual-property, warranty, liability, indemnity, governing-law, and dispute-resolution provisions.
20. Governing Law and Venue
These Terms and any separate agreement through which we provide the Services are governed by the laws of the State of Florida, without giving effect to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 21. Subject to Section 21 and any non-waivable rights, a legal action relating to these Terms or the Services must be brought in the state or federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction and venue there.
21. Binding Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for a claim that applicable law does not permit to be arbitrated, a claim within the jurisdiction of a small-claims court, or a request for public injunctive relief that applicable law does not allow to be waived, any dispute, controversy, or claim arising out of or relating to these Terms, the Services, a product, a subscription, a communication program, or a transaction involving PRODA will be resolved exclusively by binding individual arbitration administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS").
The arbitration will proceed under the JAMS Comprehensive Arbitration Rules and Procedures then in effect and, for a consumer dispute, the JAMS Consumer Arbitration Minimum Standards. The arbitration will be heard by one neutral arbitrator selected under those rules. The administrative location will be Miami-Dade County, Florida, but a consumer may participate by video conference or from another reasonably accessible location when required by the JAMS Consumer Arbitration Minimum Standards or applicable law. Judgment on an award may be entered in a court with jurisdiction.
The agreement to arbitrate is mutually binding. For a consumer arbitration, fees and costs will be allocated as required by the JAMS Consumer Arbitration Minimum Standards. The arbitrator may award any individual remedy available under applicable law and attorneys' fees only when authorized by applicable law. The arbitrator will provide the written decision required by the applicable JAMS rules.
TO THE EXTENT PERMITTED BY LAW, YOU AND PRODA AGREE THAT EACH MAY BRING A CLAIM AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
The arbitrator may not combine more than one person's claims or preside over a class, collective, consolidated, or representative proceeding unless all parties agree after the dispute arises. This class-action waiver does not prevent either party from pursuing a claim in small-claims court or seeking public injunctive relief in court where the right to do so cannot lawfully be waived.
If a court with competent jurisdiction holds the class-action waiver unenforceable as to a particular claim and that decision cannot be severed, the agreement to arbitrate will not apply to that claim, and the claim must be brought in a court identified in Section 20 unless applicable law requires another forum. The remainder of this Section will remain in effect to the maximum extent permitted by law.
22. General Terms
If a provision of these Terms is unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and severed to the minimum extent necessary, without affecting the remaining provisions. Our failure to enforce a provision is not a waiver. These Terms and incorporated policies are the entire agreement concerning the Services, except for separate written terms that expressly apply to a particular product, promotion, or service.
23. Changes to These Terms
We may update these Terms to reflect changes to the Services, our practices, or legal obligations. We will post the revised Terms, update the effective date, and provide any additional notice or obtain assent when required by law. Changes apply prospectively from their stated effective date.
24. Contact Information
Questions about these Terms may be sent to Better Soda, Inc. d/b/a PRODA at Info@drinkproda.com.