Terms of service
Effective Date: May 20, 2026
Last Updated: October 28, 2026
These Terms of Service ("Terms") govern your access to and use of darkmodematcha.com (the "Site"), the products sold through the Site, and any related services (collectively, the "Services"), operated by Good Hour Inc. under the DARK MODE brand ("DARK MODE," "we," "us," or "our").
By accessing the Site, placing an order, or subscribing to our communications, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old to purchase products or subscribe to SMS communications from DARK MODE. By using the Services, you represent that you are at least 18 and have the legal capacity to enter into a binding agreement.
2. Account Registration
You may purchase products as a guest or by creating an account. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at brandon@darkmodematcha.com if you suspect unauthorized access.
3. Products and Orders
Product descriptions and pricing. We make reasonable efforts to ensure that product descriptions, images, and prices on the Site are accurate. However, errors occur. We reserve the right to correct any errors, cancel any order, or refuse service at our sole discretion, even after an order has been confirmed.
Limited availability. Many of our products are released in limited drops with strict unit caps. Quantities are first-come, first-served. We do not guarantee that any product will be available at the time you place an order.
One per customer. Where stated, the "one per customer" limit applies per name, address, payment method, and household. We reserve the right to cancel duplicate orders.
Order acceptance. An order is not accepted until you receive a confirmation email from us. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, product unavailability, or violation of these Terms.
4. Pricing and Payment
All prices are listed in U.S. dollars and are exclusive of applicable taxes and shipping. Payment is processed at the time of order through our payment processor. By placing an order, you authorize us to charge your selected payment method for the total amount.
We reserve the right to change pricing at any time. The price you pay is the price displayed at the time of checkout.
5. Shipping and Delivery
We ship to addresses within the United States unless otherwise noted. Shipping times are estimates, not guarantees. Risk of loss passes to you upon delivery to the carrier.
You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you or for packages lost or stolen after delivery.
6. Returns and Refunds
Because our products are consumable, we do not accept returns of opened or unopened product. If you are not happy with your order, contact us within 30 days of delivery and we will refund it in full under our Refund Policy. No return is required.
If your order arrives damaged, defective, or incorrect, contact us within 7 days of delivery at brandon@darkmodematcha.com with your order number and photos of the issue. We will send a replacement or, if you prefer, a refund.
Hardware such as glass tumblers and straws is non-returnable unless damaged on arrival.
7. Email and SMS Marketing
By subscribing to our email list (THE MINUTE) or text list (THE SECOND), you consent to receive marketing communications from DARK MODE. THE SECOND sends recurring automated marketing texts to the number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply HELP for help. You may unsubscribe at any time:
- Email: click "unsubscribe" in any marketing email
- SMS: reply STOP to any text message
See our Privacy Policy for details on data collection, message frequency, and your rights.
8. Intellectual Property
All content on the Site — including the DARK MODE name, logos, wordmarks, product names, photography, copy, design, and any other materials — is owned by or licensed to Good Hour Inc. and is protected by U.S. and international intellectual property laws.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our content without our prior written consent. Personal, non-commercial use of the Site is permitted.
9. User Conduct
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to the Site, our systems, or other users' accounts
- Interfere with or disrupt the Site, servers, or networks
- Use bots, scrapers, or automated tools to access the Site or place orders
- Resell DARK MODE products without our prior written consent
- Submit false or misleading information
- Impersonate any person or entity
10. Disclaimers
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Not medical advice. DARK MODE products are food and beverage products, not medical treatments. Statements about ingredients, performance benefits, or wellness are not evaluated by the FDA. Our products are not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare professional before consuming if you have allergies, medical conditions, are pregnant or nursing, or are taking medication.
Caffeine content. Our products contain naturally occurring caffeine. Individual sensitivity varies. Consume responsibly.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOD HOUR INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Good Hour Inc. and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
Informal resolution first. Before filing any claim, you agree to contact us at brandon@darkmodematcha.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in New York, New York, or remotely at the arbitrator's discretion. The arbitrator's decision shall be final and binding.
Class action waiver. You agree that any arbitration or court proceeding shall be conducted on an individual basis only and not as a class, collective, or representative action. You waive any right to participate in a class action against us.
Exception. Either party may bring an individual claim in small claims court in lieu of arbitration if the claim qualifies.
14. Changes to These Terms
We may update these Terms at any time. The "Last Updated" date at the top reflects the most recent changes. Material changes will be communicated by posting the updated Terms on the Site and, where appropriate, by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
16. Entire Agreement
These Terms, together with our Privacy Policy and any order confirmations, constitute the entire agreement between you and Good Hour Inc. regarding the Services and supersede all prior agreements or understandings.
17. Contact Us
For questions about these Terms, contact:
Good Hour Inc. (DARK MODE)
Email: brandon@darkmodematcha.com
Website: darkmodematcha.com
