Terms of service

Terms of Service

Effective Date: May 28, 2026 Last Updated: May 28, 2026

PLEASE READ THESE TERMS CAREFULLY. They contain a binding arbitration agreement and a class action waiver (Section 17), which affect your legal rights. You may opt out of arbitration within 30 days of first accepting these Terms — see Section 17.6.

1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("Customer," "you") and Scaling Commerce LLC, a Wyoming Limited Liability Company ("Company," "we," "us," "our"), operator of www.ilovenaomi.com (the "Site") and the Naomi product line.

By accessing the Site, placing an order, or creating an account, you agree to these Terms, our Privacy Policy, and our Refund & Subscription Policy, all of which are incorporated by reference.

If you do not agree to these Terms, do not use the Site.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract under U.S. law to place an order. By using the Site, you represent that you meet these requirements.

The Site is intended for users located in the United States. We do not currently ship or sell outside the U.S.

3. Account Registration

You may need to create an account to access certain features. You agree to:

Provide accurate, current, and complete information
Keep your login credentials confidential
Notify us immediately of any unauthorized access at support@ilovenaomi.com
Accept responsibility for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms or appear to be fraudulent.

4. Products and Pricing

Currency. All prices are listed in U.S. Dollars (USD) and exclude applicable taxes and shipping unless otherwise stated.

Pricing accuracy. We make every effort to display accurate prices and product information. In the event of a pricing error, we reserve the right to cancel or refuse any order placed at the incorrect price, even after the order has been accepted, and to issue a full refund.

Product availability. Products are subject to availability. We may discontinue or modify products at any time without notice.

Product images. Product images are for illustration purposes and may differ slightly from the actual product.

5. Orders and Payment

By placing an order, you make an offer to purchase the products at the stated price. We reserve the right to accept or reject any order at our sole discretion, including for reasons such as suspected fraud, payment failure, or limited stock.

Payment authorization. You authorize us (and our payment processors) to charge your payment method for the total order amount, including taxes and shipping. For subscription orders, you authorize recurring charges as described in Section 7.

Failed payments. If a payment fails, we may retry the charge, suspend your subscription, or cancel the order.

Sales tax. Applicable U.S. state and local sales taxes will be calculated and added at checkout based on your shipping address.

6. Shipping and Delivery

We ship within the United States only. Estimated delivery times are provided at checkout and are not guaranteed. Risk of loss passes to you upon delivery to the carrier. We are not responsible for delays caused by the carrier, weather, or other circumstances beyond our control.

If a package is marked delivered but you have not received it, contact the carrier first and then notify us at support@ilovenaomi.com within 7 days.

7. Subscription Terms

Subscription orders are governed by these Terms and our Refund & Subscription Policy. Key points:

Subscriptions automatically renew every 30 days until canceled.
You authorize us to charge your payment method at the then-current price for each renewal.
You may cancel at any time before your next renewal through your account settings or by emailing support@ilovenaomi.com. Cancellation is as easy as signup.
Price changes will be communicated at least 30 days in advance by email.

By subscribing, you acknowledge that you have read and accepted the Refund & Subscription Policy.

8. Refunds and Returns

Refunds, returns, and subscription cancellations are governed by our Refund & Subscription Policy, available at www.ilovenaomi.com.

9. Health and Safety Disclaimer

Naomi products are dietary supplements.

These statements have not been evaluated by the U.S. Food and Drug Administration (FDA).
Our products are not intended to diagnose, treat, cure, or prevent any disease.
Information provided on the Site is for educational and informational purposes only and is not a substitute for professional medical advice.
Always consult a licensed healthcare provider before starting any new supplement, especially if you are pregnant, nursing, taking medication, have a medical condition, or are scheduling surgery.
Discontinue use and contact a healthcare provider if you experience an adverse reaction.
Keep out of reach of children. Store as directed on the label.

You assume all risks associated with the use of our products. To the maximum extent permitted by law, the Company shall not be liable for any adverse reactions, health outcomes, or other consequences arising from the use of our products.

10. User Conduct

When using the Site, you agree NOT to:

Violate any applicable U.S., state, or local law
Use the Site for any fraudulent or unauthorized purpose
Submit false, misleading, or stolen payment information
Attempt to gain unauthorized access to any portion of the Site
Use bots, scrapers, or automated tools to access the Site
Interfere with the operation or security of the Site
Resell our products without our prior written consent
Reproduce, modify, distribute, or create derivative works of any Site content without permission

We reserve the right to investigate violations and to involve law enforcement.

11. Intellectual Property

All content on the Site — including text, graphics, logos, product photos, packaging design, trademarks, and the Naomi brand name and design — is the property of Scaling Commerce LLC or its licensors and is protected by U.S. and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access the Site for personal, non-commercial use. No other use is permitted without our prior written consent.

12. User-Generated Content

If you post reviews, comments, photos, testimonials, or any other content on the Site or our social channels ("User Content"), you grant Scaling Commerce LLC a perpetual, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, publish, and display that content for any purpose, including marketing.

You represent that:

You own the rights to the content you submit
The content does not infringe on any third-party rights
The content is truthful and not misleading
The content complies with FTC endorsement guidelines (you must disclose if you received the product for free or were compensated)

We may remove any User Content at our sole discretion.

13. Third-Party Services

The Site uses third-party services including Shopify, Klaviyo, Meta, Google, TikTok, and payment processors. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the practices of third parties.

14. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCALING COMMERCE LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PRODUCTS.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR OUR PRODUCTS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you in full.

16. Indemnification

You agree to indemnify, defend, and hold harmless Scaling Commerce LLC, its members, managers, employees, affiliates, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Site or our products
Your violation of these Terms
Your violation of any third-party rights
Any User Content you submit

17. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Informal Resolution

Before initiating arbitration, you agree to first contact us at support@ilovenaomi.com and attempt to resolve the dispute informally for at least 60 days. Most issues can be resolved this way.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, our products, our marketing, or your relationship with us shall be resolved through final and binding arbitration, not in court — except as noted in Section 17.5.

17.3 Arbitration Rules and Forum

Arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules for claims under $250,000, or its Comprehensive Arbitration Rules for larger claims. Rules are available at www.jamsadr.com.

The arbitration shall take place in Sheridan, Wyoming, or, at your option, in your county of residence in the United States, or remotely by video. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AND SCALING COMMERCE LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding. If this class action waiver is found unenforceable, then the entirety of Section 17 shall be null and void.

17.5 Exceptions

The following claims are not subject to arbitration:

Small claims court actions (if within that court's jurisdictional limits)
Claims for injunctive relief related to intellectual property infringement
Disputes that cannot be arbitrated as a matter of law

17.6 30-Day Opt-Out

You may opt out of this arbitration agreement by emailing support@ilovenaomi.com within 30 days of first accepting these Terms. The email must include your full name, address, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.

17.7 Mass Arbitration / Bellwether Process

If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel within a 60-day period, the parties agree to a bellwether process: an initial set of 10 cases will be arbitrated first, with the remaining cases stayed pending the outcome and the parties' good-faith effort to resolve the remaining claims based on the bellwether results.

17.8 Governing Law

These Terms and any dispute arising hereunder shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

18. Termination

We may suspend or terminate your access to the Site or your account at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Site ends immediately. Sections that by their nature should survive termination — including Sections 11, 14, 15, 16, 17, and 18 — shall survive.

19. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, or carrier delays.

20. Changes to These Terms

We may modify these Terms at any time. Updated Terms will be posted with a new "Last Updated" date. Material changes will be communicated by email or by prominent notice on the Site at least 14 days before they take effect. Your continued use of the Site after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Site and may cancel your subscription as described in our Refund & Subscription Policy.

21. Miscellaneous

Entire agreement. These Terms, the Privacy Policy, and the Refund & Subscription Policy constitute the entire agreement between you and Scaling Commerce LLC regarding the Site and our products.

Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.

No third-party beneficiaries. These Terms do not create any rights for third parties.

Headings. Headings are for convenience only and do not affect interpretation.

Notices to us shall be sent to: Scaling Commerce LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, USA, or support@ilovenaomi.com.

22. Contact

Scaling Commerce LLC 30 N Gould St, Ste N Sheridan, WY 82801 United States Email: support@ilovenaomi.com Website: www.ilovenaomi.com