TERMS OF SERVICE

These Terms of Service (“Terms”) apply to your use of the MEND Water website and related services (the “Site”). The Site is offered by MEND Beverage Company (“MEND Water,” “we,” “us,” or “our”).

By accessing the Site or ordering from us, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site or place an order.

We may update these Terms and will post the revised version with a new “Last Updated” date. Continued use of the Site after changes means you accept the revised Terms. Material changes that affect pricing or billing will be emailed to you in advance when required.

We deliver to addresses within our published service area in Southern California. Enter your zip code on the Site to confirm coverage. Delivery days are assigned by route; you cannot select a specific weekday, though we will tell you your delivery date before your first delivery.

Ongoing service requires a minimum of three bottles per delivery. We deliver a maximum of ten bottles per delivery — if you need more, we will move you to a more frequent schedule. New customers may order a single bottle as a one-time trial where offered.

Water is $23.49 per 3-gallon bottle. A delivery fee of $14.99 applies to each delivery attempt as described below. Prices may change; we will post updates on the Site and notify you of material pricing changes that affect your service.

Read this part carefully:

(a) Your first order is charged when you place it, and includes water, the delivery fee, bottle deposits, and any dispenser you add.

(b) Every delivery after that is charged after it happens, based on the number of bottles our driver actually delivers to you. The amount will vary if the delivered quantity varies. You authorize us to charge your saved payment method for each delivery.

(c) The delivery fee is charged for any delivery we attempt. If you skip a delivery in advance through your account, you are not charged for that skipped delivery. If we make the trip and your bottles were not available for exchange, the delivery fee still applies.

(d) Dispenser rental bills separately. Stainless steel (room temperature) is $4.99 per month and hot & cold is $19.99 per month. The rental starts on the date of your order (or when the rental begins) and recurs monthly on its own cycle, independent of your water deliveries. It continues while your deliveries are skipped or paused. It stops only when you cancel the rental and return the dispenser to us.

Dispensers are rented, not sold. A dispenser purchased from us before October 2026 remains your property and carries no rental charge.

A refundable deposit of $35 applies to each glass bottle in your possession. It is charged when you start service and whenever you increase your bottle count, and refunded when you decrease your count or end service and return the bottles.

Deposits are refunded for bottles returned in reusable condition. We may withhold the deposit for a bottle that is not returned, or returned broken or unusable.

Our bottles are glass. Handle them with care — breakage can cause serious injury.

Through your account you can request changes to quantity or frequency, skip a delivery, pause deliveries, update your payment method, and cancel your service. Changes must be made before a delivery is dispatched to apply to that delivery.

Cancellation. You can cancel at any time, with no cancellation fee and no minimum term. On cancellation we will collect bottles in your possession on a scheduled route and refund eligible deposits. If you are renting a dispenser, the rental charge stops when the dispenser is returned.

We deliver to the location you specify in your delivery instructions. Please have your empty bottles available for exchange on your delivery day. We are not responsible for products left at your specified location after delivery.

By saving a payment method you authorize MEND Water to charge it for your first order and for each subsequent delivery and related charges described in these Terms, including varying post-delivery amounts and any dispenser rental. This authorization continues until you cancel the related service and any open balances are settled.

You represent that you are authorized to use the designated payment method. If a charge cannot be completed (including insufficient funds), the transaction may fail and your service may be paused until payment succeeds.

You agree to provide accurate account information, keep credentials secure, and notify us promptly of any unauthorized use. We may suspend or close accounts for misuse, fraud risk, or technical problems.

By creating an account you consent to receive electronic communications from us (email or notices on the Site) about your account and service. Contact hello@mendwater.com if you need a paper copy or wish to update your email address.

By providing your mobile number for SMS, you agree to the following:

• Delivery notifications: we may text you before scheduled deliveries and about account or delivery matters related to your service.
• Frequency varies with your delivery schedule — typically one to four messages per month, and more if your schedule or account requires it.
• Message and data rates may apply.
• To stop: reply STOP to any message. For help: reply HELP, or contact us at 800.565.6363.
• Carriers are not liable for delayed or undelivered messages.
• Phone numbers obtained for SMS consent are not shared with third parties for those parties’ marketing.

Your number is used for delivery notifications and account communication as described in our Privacy Policy. Promotional texts, if offered, require a separate optional opt-in.

The Site and its content — including text, graphics, logos, images, and software — are owned by MEND Beverage Company or its licensors and are protected by intellectual property laws. You may use the Site for personal, non-commercial purposes related to evaluating or managing your MEND Water service. You may not copy, modify, distribute, or exploit Site content without our prior written permission.

If you send ideas, comments, or other feedback, you grant us a non-exclusive, royalty-free, perpetual right to use that feedback without compensation or credit, subject to our Privacy Policy for personal data.

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

We attempt to display products, pricing, and service information accurately, but we reserve the right to correct errors and to revise or cancel orders when necessary.

TO THE FULLEST EXTENT PERMITTED BY LAW, MEND BEVERAGE COMPANY AND MEND WATER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES.

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the greatest extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct where such limitation is prohibited.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Courts located in Orange County, California will have exclusive jurisdiction over disputes arising from these Terms, except where prohibited by law.

Questions about these Terms: hello@mendwater.com · 800.565.6363 · 21163 Newport Coast Dr, Suite 335, Newport Coast, CA 92657.