Terms of Service

Effective Date: January 7th, 2026
Smart Elements LLC · heroelements.com

Overview

These Terms of Service ("Terms") govern your access to and use of any website, application, social media account, or other resource owned or operated by Smart Elements LLC under the ELEMENTS brand (collectively, the "Service"). By visiting or using the Service, or purchasing anything through it, you agree to be bound by these Terms.

Please read these Terms carefully before using our website. If you do not agree to all terms and conditions, you may not access or use the Service.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

We reserve the right to update these Terms at any time by posting changes to this page. Your continued use of the Service after changes are posted constitutes acceptance of those changes. It is your responsibility to review this page periodically.

1. ELIGIBILITY AND STORE TERMS

By using the Service, you confirm that you are at least the age of majority in your state, province, or country of residence. If you are a minor, you must have parental or guardian consent to use the Service.

You agree not to use our products or the Service for any unlawful or unauthorised purpose, and not to violate any applicable laws or regulations in your jurisdiction.

You must not transmit any harmful code, viruses, or malicious content through the Service. A breach of any of these Terms will result in immediate termination of your access.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.

Credit card information is always encrypted during transfer. Other content you submit may be transmitted over various networks and adapted to meet technical requirements.

3. ACCURACY OF INFORMATION

We make every effort to ensure the information on our website is accurate and up to date. However, we are not responsible if information is incomplete, inaccurate, or no longer current. The content on this site is provided for general information purposes and should not be the sole basis for making decisions without consulting additional sources.

We reserve the right to modify the contents of this site at any time without obligation to update any information. Any historical information is provided for reference only.

4. PRODUCTS, PRICING, AND MODIFICATIONS

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, at any time without liability to you or any third party.

Certain products may be available exclusively online and in limited quantities. Product descriptions, pricing, and availability are subject to change at any time at our sole discretion. Any offer on this site is void where prohibited.

We have made every effort to display product colours and images accurately. We cannot guarantee that your device's display will be fully accurate.

We do not warrant that the quality of any products, services, or information purchased through the Service will meet your expectations, or that errors in the Service will be corrected.

5. BILLING, ACCOUNTS, AND ORDERS

You agree to provide accurate, complete, and current purchase and account information for all transactions. You agree to promptly update your account details, including email address and payment information, so we can complete transactions and contact you as needed.

We reserve the right to refuse or cancel any order at our discretion. This includes orders that appear to be placed by resellers or distributors, or where quantities purchased per person or household appear excessive.

If we cancel or modify your order, we will make reasonable efforts to notify you using the contact information provided at the time of purchase.

For full details on refunds and returns, please refer to our Refund Policy.

6. SUBSCRIPTIONS AND CANCELLATIONS

Subscription orders are processed automatically on your chosen billing cycle. You may cancel your subscription at any time through your account portal at heroelements.com or by emailing hello@heroelements.com. To avoid being charged for the next billing cycle, cancellations must be made at least 48 hours before your next billing date.

We do not cancel orders after they have been placed and fulfilled. If you believe an error has occurred with your subscription billing, contact us within 14 days of the charge.

7. INTELLECTUAL PROPERTY

The ELEMENTS name, logo, brand assets, product formulations, content, and all associated intellectual property are owned by Smart Elements LLC. Nothing in these Terms grants you a licence to use our brand, trademarks, or proprietary content without our express written permission.

You may not reproduce, duplicate, copy, or exploit any portion of the Service or its content for commercial purposes without our written consent.

8. USER SUBMISSIONS AND CONTENT

If you submit content to us, including reviews, feedback, ideas, contest entries, or social media posts, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, and distribute that content in any medium, without compensation or obligation to maintain confidentiality.

You agree that your submissions will not: violate any third-party rights; contain unlawful, abusive, or defamatory material; include viruses or malicious code; or misrepresent your identity. You are solely responsible for the accuracy and legality of any content you submit.

We may monitor, edit, or remove content that we determine in our sole discretion to be inappropriate, unlawful, or in violation of these Terms.

9. THIRD-PARTY LINKS AND SERVICES

Our website may contain links to third-party websites and services. We are not responsible for the content, accuracy, privacy practices, or other policies of any third-party sites. Inclusion of a link does not constitute endorsement. Use of any third-party site is at your own risk, and you should review their terms and policies before engaging.

We may provide access to optional third-party tools on an 'as is' and 'as available' basis, without warranties of any kind. We have no liability for your use of such tools.

10. PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at heroelements.com.

11. PROHIBITED USES

In addition to other restrictions set out in these Terms, you are prohibited from using the Service or its content:

For any unlawful purpose or to solicit others to engage in unlawful acts
To violate any international, federal, or local regulations, rules, or laws
To infringe upon or violate our intellectual property or that of others
To harass, abuse, threaten, defame, or discriminate against any person
To submit false, misleading, or fraudulent information
To upload or transmit viruses, malware, or any destructive code
To collect or track the personal information of others without their consent
To spam, phish, scrape, or engage in any automated data extraction
To interfere with or circumvent the security features of the Service

We reserve the right to terminate your access to the Service for any violation of these prohibited uses.

12. DISCLAIMER OF WARRANTIES

The Service and all products and content delivered through it are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that results obtained from use of the Service will be accurate or reliable. We may remove or suspend the Service at any time without notice.

Our supplement products are not intended to diagnose, treat, cure, or prevent any disease. The statements on our website have not been evaluated by the FDA or equivalent regulatory body. Consult a qualified health professional before use if you have a medical condition or take prescription medications.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Smart Elements LLC, its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, loss of data, or replacement costs, arising from your use of the Service or any products purchased through it, even if advised of the possibility of such damages.

Where applicable law does not permit the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Smart Elements LLC and its affiliates, officers, directors, employees, contractors, and service providers from any claim, demand, or damages, including reasonable legal fees, arising from your breach of these Terms, your violation of any law, or your violation of any third-party rights.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. For customers located in the United Kingdom or European Union, your statutory rights under applicable local law are not affected by these Terms.

16. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed. The remaining provisions shall remain in full force and effect.

17. TERMINATION

These Terms are effective unless and until terminated by either party. You may terminate by ceasing to use the Service and notifying us. We may terminate your access at any time, without notice, if we believe you have violated any provision of these Terms. Obligations incurred prior to termination shall survive.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior agreements or communications. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. ERRORS AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies, or omissions on our site relating to product descriptions, pricing, availability, or promotions. We reserve the right to correct such errors and to change or update information at any time without prior notice, including after you have submitted an order.