Terms of Service

Hot Girl Soda, Inc. Effective Date: September 14, 2026 Last Updated: September 14, 2026

Please read these Terms of Service ("Terms") carefully. Section 15 contains a BINDING ARBITRATION AGREEMENT and a CLASS ACTION WAIVER that affect your legal rights. You may opt out of arbitration within 30 days as described in Section 15.7.

These Terms are a binding agreement between you and Hot Girl Soda, Inc., a Delaware corporation with a principal place of business at 26242 Carmel St, Laguna Hills, California 92656 ("Hot Girl Soda," "we," "us," or "our").

They govern your access to and use of hotgirlsoda.com, hgsoda.com, any successor or related sites, and any purchase you make through them (collectively, the "Site").

By accessing the Site, placing an order, or clicking to accept these Terms, you agree to them. If you do not agree, do not use the Site.

You must be at least 18 years old, or the age of majority in your state of residence, to purchase from the Site. By ordering, you represent that you meet that requirement and that the payment method you use is lawfully yours.

The Site is intended for users in the United States. We do not represent that the Site or our products are appropriate or available outside the United States.

3.1 We try to display our products, packaging, and colors accurately, but we cannot guarantee that your device displays them accurately. Packaging, can artwork, and formulation may change; the label on the product you receive controls.

3.2 Products are offered subject to availability. We may limit quantities per person, per household, or per order, and may discontinue any product at any time.

3.3 We reserve the right to correct errors in product descriptions, pricing, promotions, or availability, and to cancel or refuse any order placed in reliance on an error, even after an order confirmation has been sent. If we cancel such an order after you have been charged, we will refund you in full.

4.1 Prices are stated in U.S. dollars and are subject to change without notice. The price that applies to your order is the price displayed at checkout when you submit the order.

4.2 We may offer automatic volume discounts, promotional pricing, or discount codes. Unless the offer states otherwise: automatic discounts apply at checkout without a code; offers may not be combined; offers apply only to eligible products; and we may modify or end any promotion at any time. Promotions have no cash value.

4.3 Applicable sales tax is calculated and disclosed at checkout based on your shipping address.

4.4 Shipping charges are described in our Shipping Policy, which is incorporated into these Terms by reference.

5.1 Your submission of an order is an offer to buy. Our confirmation email acknowledges receipt of your order; it is not our acceptance. A contract of sale is formed only when we ship the products.

5.2 We may refuse, limit, or cancel any order for any lawful reason, including suspected fraud, resale activity, pricing or inventory error, or a shipping address we cannot serve.

5.3 You are responsible for providing accurate and complete billing and shipping information. See our Shipping Policy for what happens when an address is incorrect or undeliverable.

Title and risk of loss pass to you when we deliver the products to the carrier. Our Refund Policy describes the circumstances in which we will nonetheless replace or refund a package that arrives damaged, or that a carrier confirms was lost.

Returns, refunds, replacements, and cancellations are governed by our Refund Policy, which is incorporated into these Terms by reference.

PLEASE READ THIS SECTION CAREFULLY.

8.1 Not medical advice. Hot Girl Soda beverages are conventional food products. Nothing on the Site, on our packaging, or in our marketing is medical advice or a substitute for advice from a qualified healthcare provider.

8.2 Statements not evaluated by the FDA. Statements on the Site regarding ingredients such as prebiotic fiber and aloe vera have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

8.3 Individual results vary. Any description of how an ingredient functions reflects general information about that ingredient. It is not a promise of any particular outcome for you. Individual responses to dietary fiber and other ingredients differ, and some people experience digestive discomfort when increasing fiber intake.

8.4 Consult a professional. Consult your healthcare provider before consuming our products if you are pregnant or nursing, are taking medication, have a medical condition, or are considering our products for a child.

8.5 Allergens and ingredients. Always read the label on the product you receive. Ingredient statements, nutrition information, and allergen information on the Site are provided for convenience and may not reflect the most recent formulation. The physical label controls.

8.6 Storage and handling. Our products are shelf-stable but are best enjoyed chilled and stored out of direct sunlight and extreme heat.

9.1 The Site and its contents — including text, graphics, photographs, video, can and packaging designs, logos, and the marks HOT GIRL SODA and any related marks — are owned by or licensed to us and are protected by copyright, trademark, trade dress, and other laws.

9.2 We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. You may not copy, reproduce, republish, scrape, frame, sell, or create derivative works from the Site or its contents without our prior written permission.

9.3 Nothing in these Terms grants you any right to use our name, marks, or trade dress, including in advertising, resale listings, or metadata.

10.1 If you post, tag, or submit content to or about us — including reviews, photographs, videos, comments, and social media posts using our hashtags — you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, and display that content in any media in connection with our business, including advertising, without further notice, attribution, or compensation.

10.2 You represent that you own or control all rights in the content you submit, that it is accurate, and that it does not violate these Terms or any third party's rights.

10.3 We may, but are not obligated to, monitor, edit, or remove user content.

10.4 Any suggestions or ideas you send us are non-confidential, and we may use them without restriction or compensation.

You may not: use the Site for any unlawful purpose; purchase products for resale or commercial distribution without our written authorization; harvest or scrape data from the Site; interfere with or circumvent the security of the Site; upload viruses or malicious code; impersonate any person; submit false or misleading information; or use the Site in a way that infringes or misappropriates anyone's rights.

12.1 The Site may link to third-party websites and may embed third-party tools, including a store locator that identifies retailers who carry our products. Those sites and tools are not under our control and are provided "as is."

12.2 Retailer, store, and inventory information shown on the Site is provided for convenience, may be supplied by third parties, and may be out of date. We do not guarantee that any product is in stock at any location.

12.3 Products purchased from a third-party retailer or reseller are governed by that seller's terms, not ours.

13.1 If you opt in to marketing emails or text messages, you consent to receive recurring automated marketing messages from us at the address or number you provide. Consent is not a condition of any purchase.

13.2 Message and data rates may apply. Message frequency varies.

13.3 You may unsubscribe from email at any time using the link in any marketing email. You may stop text messages by replying STOP; reply HELP for help.

14.1 EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND EXCEPT FOR WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE SITE AND THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (b) ONE HUNDRED U.S. DOLLARS ($100).

14.4 NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15.1 Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by emailing hello@hgsoda.com with a description of the dispute and the relief you seek. We will do the same. If the dispute is not resolved within 60 days, either party may proceed under this Section.

15.2 Agreement to arbitrate. Except as stated in Section 15.5, you and Hot Girl Soda agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our products — including their advertising, labeling, marketing, formulation, or sale — will be resolved by BINDING INDIVIDUAL ARBITRATION and not in court.

15.3 Rules and forum. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will take place in Orange County, California, or, at your election, by telephone, videoconference, or on written submissions. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

15.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this Section will remain in effect.

15.5 Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

15.6 Limitation period. Any claim must be brought within one year after it arises, to the extent permitted by applicable law.

15.7 YOUR RIGHT TO OPT OUT. You may opt out of this arbitration agreement by emailing hello@hgsoda.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms, and including your name, mailing address, and the email address used for your order. Opting out will not affect any other part of these Terms and will not affect your ability to purchase from us.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

We may update these Terms from time to time. The "Last Updated" date above will change when we do. Material changes will be posted on this page. Your continued use of the Site after changes take effect means you accept the revised Terms. The Terms in effect at the time you place an order govern that order.

18.1 Severability. If any provision is held unenforceable, it will be limited or severed and the remaining provisions will remain in full force.

18.2 No waiver. Our failure to enforce any provision is not a waiver of it.

18.3 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

18.4 Entire agreement. These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, are the entire agreement between you and us regarding the Site and supersede any prior agreement.

18.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including supply interruptions, carrier delays, labor disputes, and extreme weather.

Hot Girl Soda, Inc. 26242 Carmel St Laguna Hills, CA 92656 hello@hgsoda.com