TERMS OF SERVICE

Effective Date: May 26, 2026 Last Updated: May 26, 2026

These Terms of Service ("Terms") govern your access to and use of hyperenergybar.com and any related websites, pages, or digital services operated by Hyper Energy Bar ("Hyper," "we," "us," or "our") (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Eligibility

You must be at least 13 years old to use the Site. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Use of the Site

You may use the Site for personal, non-commercial purposes in accordance with these Terms and applicable law. You agree not to:

Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation
Attempt to gain unauthorized access to the Site, its servers, or any associated systems
Interfere with, disrupt, or impose an unreasonable load on the Site or its infrastructure
Use any automated system, including bots, scrapers, or crawlers, to access or extract content from the Site without our prior written permission
Reverse engineer, decompile, or attempt to derive the source code of any portion of the Site
Use the Site to transmit any virus, malware, or other harmful code
Use the Site to harass, threaten, defame, or harm any person or entity
Impersonate any person or misrepresent your affiliation with any person or entity
Collect or harvest information about other users without their consent

3. Intellectual Property

All content on the Site, including text, graphics, logos, images, photographs, videos, illustrations, designs, layouts, and software, is owned by Hyper or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The "Hyper Energy Bar" name, the Hyper wordmark, the "H" letterform brand mark, the Huey icon, and related logos, slogans, and trade dress are trademarks of Hyper. You may not use any Hyper trademark without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal, non-commercial use. This license does not include the right to download (other than page caching), copy, reproduce, modify, distribute, publicly display, publicly perform, republish, or create derivative works of any content on the Site without our prior written consent.

4. User-Submitted Content

If you submit, upload, post, or otherwise transmit any content to us through the Site or through our social media channels, including comments, photos, videos, reviews, or other materials ("User Content"), you represent and warrant that:

You own or control all rights to the User Content
The User Content does not infringe the rights of any third party, including intellectual property rights and rights of publicity or privacy
The User Content does not contain any unlawful, defamatory, obscene, harassing, or otherwise objectionable material
Any individuals identifiable in the User Content have consented to its submission and use as described in these Terms

By submitting User Content, you grant Hyper a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, and create derivative works of the User Content in any media now known or later developed, in connection with Hyper's business, marketing, and promotional activities, without further notice, attribution, or compensation to you. Additional terms governing User Content are set forth in our User Generated Content Terms.

5. Trademarks and Brand Use

You may not use the Hyper name, logos, trademarks, or trade dress in any manner that is likely to cause confusion, that disparages Hyper, or that suggests affiliation, sponsorship, or endorsement by Hyper without our prior written consent.

6. Third-Party Links and Content

The Site may contain links to third-party websites, services, or content that are not owned or controlled by Hyper. We are not responsible for the content, policies, or practices of any third-party site or service. Accessing third-party sites is at your own risk, and you are subject to the terms and policies of those third parties.

7. Privacy

Your use of the Site is also governed by our Privacy Policy. By using the Site, you acknowledge and agree to the terms of the Privacy Policy.

8. Accessibility

We strive to make the Site accessible to all users. Our commitments and contact information for accessibility-related requests are set forth in our Accessibility Statement, available on the Site.

9. Disclaimers

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION 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, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or timeliness of any content on the Site, including menu items, pricing, store locations, hours of operation, or promotional offers, all of which are subject to change without notice.

Nutritional, allergen, or ingredient information presented on the Site is provided for general reference only and may not reflect current preparation, sourcing, or formulation. If you have a food allergy, intolerance, or other dietary restriction, please confirm details directly at a Hyper Energy Bar location before purchasing.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hyper, its officers, directors, employees, agents, franchisees, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any User Content you submit.

12. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site at any time, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site immediately ceases. The provisions of these Terms that by their nature should survive termination shall survive, including provisions on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

13. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date at the top of these Terms. Material changes will become effective when posted. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Polk County, Iowa, and you consent to the personal jurisdiction and venue of such courts.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the original intent of the parties.

16. Entire Agreement

These Terms, together with the Privacy Policy, User Generated Content Terms, Accessibility Statement, and any other policies referenced herein, constitute the entire agreement between you and Hyper regarding your use of the Site and supersede any prior agreements or understandings on that subject.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so without consent is void. We may freely assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

18. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

19. Contact Us

For questions about these Terms:

Hyper Energy Bar
11275 Northwest Aurora Avenue
Urbandale, Iowa 50322-7906
United States

Email: [email protected]

Phone: (515) 644-6155