Terms of Service
TERMS OF SERVICE
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Date of last update: September 18, 2025
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OVERVIEW
This website is operated by Pinch, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Pinch, Inc.. Pinch, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information - this includes information written in the product reviews, which are not necessarily monitored by Pinch, Inc. Any reliance on the material on this site is at your own risk. If you have any questions or concerns about Pinch Magic Fiber ingredients, including psyllium husk, in relation to your specific health conditions, please consult your physician for clarification.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3A – HEALTH & FDA DISCLAIMER
Content on this site is for informational purposes only and is not a substitute for professional medical advice. Always seek the advice of your physician with questions about any medical condition or use of dietary fiber or other ingredients. Statements about our products have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5A - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5B - SUBSCRIPTIONS
Subscriptions and payments are facilitated through Shopify and/or other 3rd party billing providers and payment will be charged to your account at confirmation of purchase. Subscription automatically renews unless subscription is cancelled at least 48-hours before the end of the current period. Account may be charged for renewal within 48-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by going to your Account Settings after purchase, though no cancellation of a current subscription can be made after the order is processed (we have optimized towards getting orders out as fast as possible, so we send emails to the email address entered by the customer a few days before any order is processed to allow ample time to skip, adjust, or cancel the order/subscription).
If you would like to cancel your subscription, you can do so by logging into your account and clicking the “cancel subscription” link at any time. If you need help from our team in doing so, please email us at least 7 days before your next order processes to ensure we can help in time, as any requests over email with less than 7 days advance notice may not be feasible.
Price Changes. Subscription pricing may change upon 30 days’ notice via email or site posting. Continued subscription after notice constitutes acceptance of the new price.
SECTION 5C - PRODUCT
As we constantly strive to provide the best possible experience for our customers, modifications to the product may be made with or without notice, including ingredient or formula modifications, packaging or labeling modifications, or modifications to claims and descriptions. We will make a best effort to convey significant changes (as deemed by Pinch, Inc).
Before using the product, customers and consumers should consult their doctor or physician if there are any concerns or before making changes to diet if he or she has certain medical conditions that may prevent normal consumption of dietary fiber or other included ingredients. Read all instructions and warnings prior to consumption. These can be found on the website or by navigating to www.PinchMagic.com and reviewing the product warnings and notifications.
As a reminder, the product may cause an allergic reaction in people sensitive to inhaled or ingested psyllium. It is manufactured in a facility that also processes dairy, soy, wheat, peanuts, tree nuts, shellfish, and eggs.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7A – THIRD-PARTY INTEGRATIONS
Our Services integrate with third-party platforms (e.g., Shopify, payment processors, subscription and email providers, analytics/advertising partners (including Meta, Google, etc.), and shipping carriers). Those providers are independent from us and governed by their own terms and policies. We are not responsible for acts or omissions of third-party providers, and your use of their services is at your sole risk.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Further, we take no responsibility for the content of comments posted on the site or other Pinch Inc.-related channels (e.g., social media accounts, comments on advertisements, etc.) as they relate to efficacy, functionality, or other health concerns. If you experience an issue with the product, please email hello@pinchmagic.com and clearly indicate your comment or concern in the subject line and our team will aim to respond quickly. If you experience a serious medical issue, please contact your local health professional or service. While we do not expect that to happen, we want you to always be safe and have quick and quality response.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy using this link. By using the Service, you agree to our Privacy Policy, including our use of cookies, analytics, and third-party advertising technologies. California residents may exercise their rights (including the right to opt-out of “sale”/“sharing”) by emailing us at hello@pinchmagic.com with the subject line “California Privacy Rights Request.” Include your name, email address, and details of your request so we can verify your identity.
SECTION 10A – ELECTRONIC COMMUNICATIONS & SITE MONITORING
When you visit our site or communicate with us (e.g., forms, chat, email), you consent to receiving electronic communications from us and to our logging, monitoring, and storing those communications for purposes including, but not limited to, quality, security, and support. You also understand our site may use cookies, pixels, analytics, session-replay, and similar technologies that record your interactions with the site as described in our Privacy Policy.
By using the Service, you direct and authorize us to disclose limited interaction data to our service providers (e.g., analytics and/or advertising vendors) acting on our behalf to operate, secure, and improve the Service, as described in the Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pinch, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13A – LIABILITY CAP
To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to the Service or our products in any twelve (12)-month period will not exceed the greater of (a) the amounts you paid to us for the product(s) giving rise to the claim during that twelve (12)-month period, or (b) $100. This cap is per user, per twelve (12)-month period (not per claim).
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence to the extent such limitation is prohibited by law, fraud or willful misconduct, or any other liability that cannot be limited under applicable law (including certain consumer protection or privacy/security rights).
This §13A applies together with §13 (Disclaimer of Warranties; Limitation of Liability). If any remedy fails of its essential purpose, the limitations in this §13A still apply to the maximum extent allowed by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pinch, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services are governed by the laws of the State of California, without regard to conflict-of-laws rules.
SECTION 19 - DISPUTE RESOLUTION
You agree that any dispute between you and Pinch, Inc arising out of or relating to these Terms of Service, the Pinch, Inc Service, or any other Pinch, Inc products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 19.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Pinch, Inc, you agree to first try to resolve the Dispute informally by contacting Legal@PinchMagic.com with the subject line “Dispute Notice” and a brief description of the issue and your requested resolution. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Pinch, Inc may bring a formal proceeding.
We Both Agree To Arbitrate: You and Pinch, Inc agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting Legal@PinchMagic.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Binding Individual Arbitration. Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, our website, or our products/services (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration may be conducted by video/phone, on written submissions, or in person in Los Angeles County, California.
Exceptions to Agreement to Arbitrate: Either you or Pinch, Inc may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Pinch, Inc products or Pinch, Inc Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: No class or representative actions. You and Pinch, Inc. may only bring Disputes on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims of more than one person.
Mass Filing. If 25 or more similar demands are filed against Pinch, Inc. by the same or coordinated counsel within 90 days, the AAA Multiple Consumer Case Filing process (or any successor process) will apply. The parties will select 10 bellwether cases to proceed first. All other cases are stayed until the bellwethers resolve. After the bellwethers, either party may elect global mediation. AAA fees for stayed matters will not be due until each case is activated. Any statutes of limitation are tolled from the date AAA accepts the filings until the stay is lifted.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Pinch, Inc agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Pinch, Inc. consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Arbitration Costs & Fees. AAA rules govern payment of filing, administrative, and arbitrator fees. If the arbitrator finds your claim non-frivolous, we will reimburse your AAA filing fee after you request it. Each party pays its own attorneys’ fees unless the arbitrator awards otherwise under applicable law.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Pinch, Inc products or Pinch, Inc Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever, to the extent permitted by law.
Survival. This Section 19 survives termination of the Terms or the Service.
Severability (Arbitration). If any part of this Section 19 (other than the class-action waiver) is found unenforceable, the remainder shall remain in effect. If the class-action waiver is unenforceable, this entire Section 19 is void and Disputes must proceed in court.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Material changes become effective 30 days after posting. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - ADDITIONAL TERMS
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@pinchmagic.com.