Terms

Effective Date: November 19, 2025

Welcome to www.checkedoutofficial.com and any related websites that link to these Terms (collectively, the “Website”), owned and operated by Checked Out Inc., a Delaware corporation headquartered in California (“Checked Out,” “we,” “us,” or “our”).

Except as otherwise stated, these Terms of Service (the “Terms”) govern:

your access to and use of the Website and any services, applications, and content we make available (collectively, the “Site”); and
your purchase, receipt or use of any products, including health and wellness products such as mouth tape and sleep patches (collectively, the “Products”).

PLEASE READ THESE TERMS CAREFULLY.
BY ACCESSING OR USING THE SITE OR PURCHASING OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PURCHASE PRODUCTS.

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, RATHER THAN IN COURT OR BY JURY TRIAL, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

1. Changes to These Terms

We may modify these Terms from time to time in our discretion. If we make material changes, we may provide notice (for example, by email or a notice on the Site). The updated Terms will be effective when posted unless otherwise stated.

Your continued access to or use of the Site or purchase of Products after the updated Terms are posted means you accept the changes. If you do not agree, you must stop using the Site and not purchase Products.

2. Eligibility; Account Creation

You may use the Site only if:

you are at least the age of majority in your jurisdiction (typically 18),
you can form a binding contract with Checked Out, and
you will comply with these Terms and all applicable laws.

Some features may require you to create an account. When you create an account, you must:

provide accurate, current and complete information
keep your login credentials confidential
promptly update your information if it changes

You are responsible for all activities that occur under your account. Do not share your account or password with anyone. If you suspect unauthorised access to your account, contact us immediately at hello@checkedoutofficial.com.

We may, in our discretion, refuse registration, close accounts, or restrict access if we believe these Terms have been violated.

3. Terms of Sale

3.1 Orders, Pricing and Availability

All orders are subject to acceptance by Checked Out.

Product descriptions, images, and pricing are subject to change without notice.
We try to display product colours and details accurately, but your device and screen may affect how they appear.
We may correct errors or inaccuracies (including pricing) and update information at any time.

If we cancel or change an order (for example, due to availability or error), we may attempt to notify you using the email and/or billing details you provided.

3.2 Payment

Unless otherwise agreed, full payment must be received before we accept and process an order. We may process payment for parts of an order separately.

You authorise us (and our payment processors) to charge your selected payment method for the total amount of your order, including any applicable taxes, shipping, and fees.

3.3 Quantity Limits and Restrictions

We may, at our discretion, limit quantities purchased per person, household, account, payment method, shipping address or order, including to prevent suspected resale or misuse. We may cancel or refuse any order that we believe violates these rules.

3.4 No Resale

Our Products are sold for personal use only. You must not resell or distribute Products for commercial purposes without our prior written consent. Products may also be subject to export controls and sanctions; you agree not to export Products in violation of applicable laws.

3.5 Shipping

You agree to pay all shipping and handling charges presented at checkout. Shipping times are estimates only and are not guaranteed. Risk of loss and title to Products typically pass to you when the Products are delivered to the carrier, subject to applicable law.

Please ensure delivery information is accurate. We are not responsible for delays or non-delivery due to incorrect address details or events outside our reasonable control (such as carrier delays or force majeure events).

You should add a separate Shipping Policy page for detailed terms (domestic, international, customs, etc.) and link to it from here.

3.6 Taxes

We collect sales and other taxes where required by law, based on the shipping address and applicable rules for that jurisdiction. The tax amount shown at checkout may change if your order information is updated.

You are responsible for any additional taxes or duties that may apply (for example, customs duties for international orders).

3.7 Returns & Exchanges

Our returns, exchanges, and refund practices are set out in our Returns & Refund Policy, which is incorporated into these Terms by reference. Because our Products are health and wellness-related, some items may be non-returnable once opened, except where required by law.

4. Product Information and Medical Disclaimer

Our Products should be used strictly in accordance with their instructions, warnings, and guidelines.

Always review the ingredient list and usage instructions before use.
Discontinue use and consult a healthcare provider if you experience discomfort, irritation or any adverse reaction.
Checked Out does not provide medical advice. The Site and Products are not intended to diagnose, treat, cure, or prevent any disease or condition.

Any health-related information we provide (on the Site, product packaging, marketing materials, or social content) is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with questions about your health or before using our Products if you have a medical condition, are pregnant or nursing, or take medications.

If you are experiencing a medical emergency, call your doctor or emergency services immediately.

5. International Sales

If we offer international shipping:

Delivery occurs, and risk of loss and title may pass, when we hand products to the carrier at our fulfilment facility, subject to applicable law.
Orders shipped outside the United States may be subject to customs duties, taxes, and fees determined by the destination country. These charges are your responsibility in addition to shipping costs.
Customs processes may cause delays beyond our control.

You should update this section later if you partner with an international logistics provider or “merchant of record” similar to Passport.

6. Security and Acceptable Use

6.1 Security Rules

You may not use the Site to violate security or integrity of any system, including by:

accessing data not intended for you or logging into an account you are not authorised to use
attempting to probe, scan or test system vulnerabilities
interfering with the Site’s operation, such as by introducing viruses, overloading, flooding, or crashing
attempting to breach or circumvent authentication or security measures

We may investigate and refer suspected violations to law enforcement.

6.2 Prohibited Uses

You agree not to use the Site:

for any unlawful purpose
to post or transmit false, misleading, or fraudulent information
to infringe the intellectual property, privacy, or other rights of others
to upload or transmit harmful code or disruptive content
to send unsolicited commercial messages (spam)
to interfere with or disrupt the Site’s operation or networks
to attempt to gain unauthorised access to any account, system, or network

We may, at our discretion, suspend or terminate your access to the Site for any violation of these Terms.

7. Ownership; Intellectual Property

The Site and its contents – including text, graphics, logos, icons, images, audio, video, design, software, and other materials (collectively, “Content”) – are owned by Checked Out or our licensors and are protected by copyright, trademark and other laws worldwide.

Except as expressly permitted:

you may use the Site and Content only for personal, non-commercial purposes
you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without our prior written consent

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and Content for your personal use, subject to these Terms.

All trademarks, logos, and trade names displayed on the Site are the property of Checked Out or their respective owners. You may not use them without prior written permission.

8. User Content and Social Media

You may have opportunities to submit, post or share content through the Site or our social media channels, including reviews, comments, photos, videos, stories, testimonials, or other materials (“User Content”).

By submitting User Content, you:

represent and warrant that you own or have the necessary rights to the User Content and to grant the licence described below
represent that any person appearing in the content has given permission for their image, voice and likeness to be used as set out in these Terms (and that you are the legal guardian for any minors featured, where applicable)
represent that the content is not unlawful, defamatory, misleading, or otherwise in violation of any law or third-party rights

You retain ownership of your User Content, but you grant Checked Out a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content, in whole or in part, in any media now known or later developed, for any lawful purpose, including marketing, advertising, and promotion, without notice or compensation to you.

We may, but are not obligated to, monitor, edit, or remove User Content in our discretion.

You are solely responsible for your User Content and you agree to indemnify us for any claims arising out of or related to your User Content.

9. perjury, that you are authorised to act on behalf of the copyright owner

Send notices to:
Email: hello@checkedoutofficial.com
Subject line: “DMCA Takedown Request”

You may also send written notices to your physical postal address once you add it.

We may remove or disable access to content alleged to be infringing and may terminate the accounts of repeat infringers where appropriate.

11. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use and share your information. The Privacy Policy is incorporated into these Terms by this reference.

12. Third-Party Links and Services

The Site may contain links to third-party websites, tools, or services (such as social media platforms, payment processors, or embedded content) that are not operated by Checked Out.

We are not responsible for the content, policies, or practices of third-party sites or services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

13. SMS / Mobile Messaging Program

If you opt in to receive SMS or MMS messages from us, your participation is also governed by these Terms and our Privacy Policy.

By enrolling in our SMS program, you agree that:

you are providing your express consent to receive marketing and transactional messages at the number you provide
message frequency may vary
standard message and data rates may apply

You may opt out of marketing SMS at any time by replying STOP (or similar recognised keyword) to a message. For help, you may reply HELP or contact us at hello@checkedoutofficial.com.

We may use third-party providers to deliver messages, and delivery is subject to your mobile carrier’s capabilities and coverage.

14. Disclaimers

The Site, Content and Products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.

To the maximum extent permitted by law, Checked Out and its affiliates disclaim all warranties, express or implied, including:

merchantability
fitness for a particular purpose
non-infringement
accuracy, completeness or reliability of content
uninterrupted or error-free operation of the Site

We do not guarantee that the Site will be secure or free from bugs, viruses or other harmful components.

Your use of the Site and Products is at your own risk. If you are dissatisfied with the Site or Products, your sole remedy is to stop using the Site and stop using the Products or request a refund in accordance with our Returns & Refund Policy.

15. Limitation of Liability

To the fullest extent permitted by law, Checked Out and its officers, directors, employees, agents and affiliates will not be liable for any:

indirect, incidental, consequential, special, exemplary or punitive damages
loss of profits, revenue, business, data, goodwill or other intangible losses

arising out of or in connection with your use of (or inability to use) the Site or Products, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to:

your purchase, receipt or use of Products will not exceed the amount you paid for the Products giving rise to the claim; and
your use of the Site will not exceed the greater of US$100 or the amount you paid to us (if any) in the one (1) month period immediately preceding the event giving rise to the claim.

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

16. Indemnification

You agree to defend, indemnify, and hold harmless Checked Out and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

your use or misuse of the Site or Products
your violation of these Terms
your User Content
your violation of any law or third-party right

17. Governing Law

These Terms and any dispute arising out of or related to them, the Site, or Products will be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of law rules, and applicable federal law of the United States.

18. Dispute Resolution and Arbitration; Class Action Waiver

You and Checked Out agree to attempt to resolve any dispute informally first. If we cannot resolve it, you and Checked Out agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site or the Products will be resolved by binding individual arbitration, rather than in court, except that you may be able to bring certain claims in small claims court.

No class actions: You may only bring claims in your individual capacity, not as a plaintiff or class member in any purported class or representative action.
The arbitration will be conducted by a reputable arbitration provider (such as AAA or JAMS) under its applicable rules.
The arbitrator has exclusive authority to resolve disputes relating to the interpretation, applicability or enforceability of this arbitration agreement.

If this arbitration clause is found unenforceable in whole or in part, then the affected claims may proceed in court, but without a jury trial. You and Checked Out waive any right to a jury trial to the fullest extent permitted by law.

Because this clause has serious legal consequences, you may want to obtain independent legal advice before agreeing, especially if you are not familiar with arbitration.

19. General

These Terms, together with any other legal notices or policies referenced here (including the Privacy Policy), form the entire agreement between you and Checked Out regarding your use of the Site and Products.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
We may assign these Terms, in whole or in part, without notice; you may not assign these Terms without our prior written consent.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Contact for Terms:

Email: hello@checkedoutofficial.com
Mail: Checked Out Inc., [Insert Mailing Address], [City], California [ZIP], USA

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