Terms of Service

Last updated: October 7, 2026

These Terms of Service ("Terms") govern your use of trybearly.com (the "Site") and your purchase of products from us. The Site is operated by Opschalen Kut LLC, doing business as Bearly ("Bearly," "we," "us"). By using the Site or placing an order, you agree to these Terms. If you don't agree, please don't use the Site.

1. Who can use the Site

You must be at least 18 years old, or the age of majority where you live, to place an order. By ordering, you confirm that the information you give us is accurate and that you are legally able to enter into this agreement.

2. Our products and health information

Bearly products are food products, sold as confectionery and dietary supplements. The content on this Site, including product pages, guides, quizzes, and emails, is for general information only. It is not medical advice, and it is not intended to diagnose, treat, cure, or prevent any disease.

• Talk to your doctor or a registered dietitian before changing your diet, especially if you are pregnant, nursing, managing a medical condition, or taking prescription medication (including GLP-1 medications).
• Bearly is not a medication, is not a substitute for medical care, and is not required alongside any medication.
• Check the ingredients and allergen information on the pouch and the Site before eating. You are responsible for deciding whether a product is right for you.
• These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

3. Orders, pricing, and payment

• Your order is an offer to buy. We accept it when we ship it. We can decline or cancel any order, for example because of a pricing error, suspected fraud, or stock problems, and we'll refund you in full if we do.
• Prices are in US dollars and exclude tax and shipping unless stated. Taxes and shipping are calculated at checkout.
• By placing an order, you authorize us and our payment processors to charge the payment method you provide.
• Per-day prices shown on the Site (such as "$2.14/day") are for comparison only. You are charged the total shown at checkout.

4. Subscriptions

If you choose Bearly Every Day or another recurring plan, you authorize us to charge your payment method on the schedule shown at checkout until you cancel. Before you subscribe, we show you the price, the billing frequency, and the cancellation method. You can cancel, skip, or pause any time from your account in two clicks. Our Return & Refund Policy explains the cancellation deadline and how refunds work.

5. Returns and refunds

Returns and refunds, including the 30-day return window and the 90-day money-back guarantee, are governed by our Return & Refund Policy, which is part of these Terms.

6. Intellectual property

6.1 Ownership

The Site and everything on it belong to Opschalen Kut LLC or our licensors. This includes the BEARLY name and wordmark, the BEARLY · 20g lockup, our logos and glyphs, our packaging and trade dress, our taglines (including "20 grams of protein. Bearly 100 calories."), product names, flavor names, photographs, videos, graphics, written copy, ad creative, quiz flows, page layouts, and the look and feel of the Site.

6.2 Our trademarks

BEARLY is a registered trademark of Opschalen Kut LLC [U.S. Reg. No. ______, Classes ___]. We also claim trademark and trade dress rights in our packaging, wordmark, and brand presentation. Nothing in these Terms gives you any license or right to use our marks except as stated in Section 6.4. We enforce our trademarks, and we will pursue infringement, dilution, counterfeiting, and unfair competition to the full extent the law allows.

6.3 What you may not do

Without our prior written permission, you may not:

• Use BEARLY, or any name, logo, domain, social handle, hashtag, or product name that is identical or confusingly similar to ours, including misspellings, phonetic variants, and "bear + [word]" or "[word] + ly" constructions meant to trade on our brand, in connection with food, supplements, or related goods and services.
• Register or use a domain name, social media handle, marketplace store name, or app name containing BEARLY or a confusingly similar variant.
• Use BEARLY or similar terms as keywords, ad text, or metatags in paid search or social advertising, or in a way that suggests affiliation with or endorsement by us. This includes bidding on our brand name to divert customers.
• Copy, imitate, or create derivative works from our packaging, trade dress, wordmark treatment, color system, ad creative, product pages, or copy, including taglines, comparison claims, and disbelief-FAQ language.
• Sell or offer products described as Bearly products that we did not make or authorize, or resell our products in a way that misrepresents their condition, origin, or our affiliation.
• Remove or alter any trademark, copyright, or other proprietary notice.
• Scrape, crawl, mine, or copy the Site or its content by automated means, or use it to train a machine learning or AI model, without our written permission.
• Use our name or marks in a way that is disparaging, misleading, or likely to cause confusion or dilute the brand.

6.4 Limited permission

You may view and print the Site for your personal, non-commercial use. Journalists, reviewers, and customers may refer to Bearly by name in truthful, non-misleading editorial or personal posts (for example, reviews or social posts about your own experience), as long as it is clear the content is not from us and you don't use our logo in a way that implies endorsement. For any other use, email support@trybearly.com first.

6.5 Reporting infringement

If you see a counterfeit, a lookalike brand, or a misuse of our marks, please tell us at support@trybearly.com. If you believe content on the Site infringes your copyright, send a notice to the same address with: your contact information; a description of the work and where it appears on the Site; a statement that you have a good-faith belief the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your signature. We may remove content and terminate repeat infringers' access.

7. Reviews, feedback, and content you submit

If you submit a review, photo, video, comment, or other content ("User Content"):

• You confirm that you own it or have the right to submit it, that it is truthful and based on your own experience, and that it doesn't violate any law or anyone else's rights.
• You give us a non-exclusive, worldwide, royalty-free, perpetual, transferable license to use, reproduce, edit, display, and distribute it in connection with the Site and our marketing, in any media. You keep ownership.
• You must not post fake reviews, reviews you were paid or incentivized to write without disclosure, reviews from competitors, or content that is unlawful, hateful, harassing, defamatory, or infringing. We may remove any User Content at our discretion.
• Any ideas or feedback you send us may be used by us without obligation or compensation to you.

8. Prohibited conduct

You agree not to: use the Site unlawfully; interfere with or attempt to breach its security; use bots or automated tools to place orders or bypass limits; abuse our guarantee or promotions (including through multiple accounts); submit false payment or identity information; or misuse discount codes, referral programs, or HSA/FSA features. We may suspend or terminate your access and cancel orders if you do.

9. Third-party services and links

The Site may link to or rely on third-party services such as payment processors, shipping carriers, review platforms, and HSA/FSA eligibility providers. We don't control them and aren't responsible for their content, policies, or conduct. Your use of them is governed by their own terms.

10. Disclaimers

The Site and our products are provided "as is" and "as available" to the fullest extent the law permits. We do not make warranties of any kind beyond those required by law, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose. Individual results vary. We do not guarantee any particular health, fitness, or body-composition outcome. Some jurisdictions do not allow certain limitations, so some of this may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, Opschalen Kut LLC and its members, officers, employees, and partners are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising from your use of the Site or products. Our total liability for any claim relating to the Site or an order is limited to the amount you paid us for the order giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by our negligence, fraud, or any consumer rights that cannot be waived.

12. Indemnification

You agree to defend and indemnify us against claims, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your User Content, or your infringement of any third party's rights or ours.

13. Remedies for IP violations

You acknowledge that a breach of Section 6 would cause us irreparable harm for which money damages would be inadequate. In addition to any other remedy, we may seek injunctive and other equitable relief without posting a bond and may recover our reasonable attorneys' fees and costs where permitted by law. This Section applies notwithstanding Section 14.

14. Dispute resolution and arbitration

Please read this carefully. It affects your legal rights.

• Informal resolution first. Email support@trybearly.com with a description of the problem. We'll try to resolve it within 30 days.
• Binding arbitration. If we can't resolve it, any dispute arising out of or relating to these Terms, the Site, or your purchases will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, instead of in court, except that either of us may bring an individual claim in small claims court.
• No class actions. You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.
• Exceptions. This Section does not apply to claims for injunctive relief to protect intellectual property (Sections 6 and 13), which either party may bring in court.
• Opt out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@trybearly.com with the subject "Arbitration Opt-Out."

15. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. For any dispute not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

16. Changes, termination, and general terms

• Changes. We may update these Terms from time to time. The "Last updated" date shows the latest version. Changes apply going forward and don't affect orders already placed. If a change is material, we'll notify you by email or on the Site.
• Termination. We may suspend or end your access to the Site at any time for any breach of these Terms.
• Entire agreement. These Terms, together with our Return & Refund Policy, Privacy Policy, and Shipping Policy, are our entire agreement with you.
• Severability and waiver. If any part of these Terms is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Opschalen Kut LLC, doing business as Bearly
15442 Ventura Blvd, Sherman Oaks, CA 91403, United States
support@trybearly.com
+1 659 224 0554