Effective Date: September 11, 2026

These Terms of Service ("Terms") are a binding legal agreement between you and Evolve Brands Inc t/a PURA Beverage Company ("PURA," "we," "us," or "our"), governing your access to and use of the website located at drinkpura.com (the "Site") and any products or services purchased through it. Our Privacy Policy, available in the Site footer, explains how we collect and process your personal information and is incorporated into these Terms by reference.

Please read these Terms carefully before using the Site or placing an order. By browsing the Site or making a purchase, you agree to be bound by these Terms, including the Mandatory Arbitration and Class Action Waiver in Section 15.

1. Eligibility

To purchase products on this Site, you must be at least 18 years old (or the age of legal majority in your state of residence) and capable of entering into a binding legal contract. If you place an order on behalf of a minor, you remain fully responsible for the order and compliance with these Terms.

2. Product Information and Pricing

We make every effort to display accurate product descriptions, nutrition facts, images, and pricing. However, typographical errors, system glitches, or stock misallocations may occur. If an item is listed at an incorrect price or with inaccurate information:

• We reserve the right to cancel or modify any order placed for that product prior to shipment.
• If we cancel your order after your payment card has been authorized, we will immediately process a full refund.
• Prices are listed in U.S. Dollars ($USD) and do not include applicable sales tax or shipping fees, which are calculated and displayed at checkout.
• We reserve the right, at our sole discretion, to limit order quantities per household, refuse orders, or discontinue products without prior notice.

3. Payment Processing and Orders

Payments are processed securely through Shopify and its authorized payment gateways. By submitting an order, you confirm that you are authorized to use the payment method provided.

• Order Acceptance: Receiving an electronic order receipt or card authorization hold does not constitute our final acceptance of an order. An order is accepted only when we send a shipping confirmation email.
• Fraud Prevention: We reserve the right to flag, hold, or cancel any order suspected of fraudulent activity. Repeated fraudulent chargebacks may result in account termination.
• Promotions: Discount codes are single-use per customer unless specified otherwise, cannot be combined with other offers, and may be modified or terminated by PURA at any time.

4. SMS and Mobile Marketing Terms

By opting into PURA's text messaging notifications at checkout or through site signup forms, you expressly consent to receive recurring automated promotional and transactional text messages (e.g., cart reminders, order updates) at the mobile number provided.

• Consent is not a condition of any purchase.
• Message and data rates may apply.
• You can opt out at any time by replying STOP to any text message received, or by contacting customer support.

5. Shipping and Delivery

Delivery estimates provided at checkout are estimates only and are not guaranteed. PURA is not responsible for shipping delays caused by weather, carrier network interruptions, or incorrect delivery addresses provided during checkout.

• Risk of Loss: Title and risk of loss for all products pass to you upon our handoff of the package to the shipping carrier.
• Lost or Damaged Goods: If your shipment arrives damaged or is lost in transit, you must notify us at customerservice@drinkpura.com within seven (7) days of the carrier's reported delivery date.

6. Returns, Refunds, and Replacements

Because our beverages are perishable food items, we cannot accept returns of opened products or offer refunds for change of mind once an order has shipped.

• If a shipment arrives damaged, defective, or incorrect, please email us within seven (7) days of delivery with your order number and clear photo evidence of the damage.
• Upon verification, we will issue a replacement or a full refund to your original payment method—at your choice.
• This section operates alongside any non-waivable statutory rights available under applicable state consumer protection laws.

7. Health and Ingredient Disclaimers

Ingredient descriptions, nutritional panels, and functional benefit statements on this Site describe our product formulations as manufactured.

• Not Medical Advice: Content on this Site is provided for informational purposes only and is not intended as medical advice or to diagnose, treat, cure, or prevent any health condition.
• FDA Disclaimer: Statements on this Site have not been evaluated by the U.S. Food and Drug Administration (FDA).
• Personal Suitability: If you are pregnant, nursing, taking medication, or have a pre-existing medical condition, consult a healthcare professional before consuming PURA products. Always check the physical label on the can received for updated ingredient and allergen information.

8. California Proposition 65 Notice

Where applicable under California law, products sold through this Site comply with California Proposition 65 requirements. Relevant warnings or product notifications will be displayed on the product packaging or at checkout as required by state law.

9. User Accounts

If you register an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You agree to notify us immediately at customerservice@drinkpura.com of any unauthorized account access.

10. Acceptable Use

You agree not to use the Site for any unlawful purpose or in any manner that could damage, disable, or impair our servers or network security. Specifically, you agree not to:

• Use automated scrapers, bots, or spiders to harvest content or place bulk orders.
• Attempt unauthorized access to restricted site systems, user data, or source code.
• Reverse-engineer or tamper with any functional aspect of the Site.

11. Reviews and User-Generated Content

If you submit product reviews, photos, or tag PURA in public social media posts:

• You grant PURA a non-exclusive, royalty-free, perpetual, worldwide, transferable license to display, reproduce, modify, and market that content across our Site, social media channels, and advertising materials without royalty or compensation.
• You warrant that the content is original to you, accurate, and does not violate third-party intellectual property or privacy rights.
• We reserve the right to remove or edit user content at our sole discretion.

12. Digital Millennium Copyright Act (DMCA) Notice

We respect the intellectual property of others. If you believe material on the Site infringes your copyright, please send a written notice to our Designated Copyright Agent at customerservice@drinkpura.com containing:

1. Your physical or electronic signature.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the infringing material and its exact location on the Site.
4. Your address, telephone number, and email address.
5. A statement of good faith belief that the disputed use is unauthorized.
6. A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

13. Intellectual Property

The PURA name, logo, packaging designs, trademarks, copy, images, and overall look and feel of this Site belong exclusively to Evolve Brands Inc. or its licensors. You may share direct links or screenshots for personal, non-commercial use only. Any unauthorized copying, distribution, or commercial exploitation is strictly prohibited.

14. Disclaimer of Warranties & Limitation of Liability

THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE US LAW, PURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, PURA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) ARISING FROM YOUR USE OF THE SITE OR PRODUCTS.

IN ALL CASES, PURA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR PRODUCT ORDER SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE ORDER GIVING RISE TO THE CLAIM.

15. Dispute Resolution: Mandatory Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Informal Resolution: Before initiating formal legal proceedings, you and PURA agree to attempt to resolve any dispute informally. You must send a written notice detailing your claim to customerservice@drinkpura.com and allow thirty (30) days for informal negotiation.
• Binding Individual Arbitration: If the dispute is not resolved within 30 days, it shall be settled exclusively by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• Class Action Waiver: YOU AND PURA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
• Small Claims Option: Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. For any disputes not subject to arbitration under Section 15, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Delaware.

17. Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, along with our Privacy Policy and order confirmation receipts, constitute the entire agreement between you and PURA regarding the Site.

18. Contact Information

If you have any questions regarding these Terms, please contact us at:

• Email: customerservice@drinkpura.com
• Entity: Evolve Brands Inc. t/a PURA Beverage Company