Terms of Service

Effective date: September 24, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) are a legally binding agreement between you and Jolly Products (“Jolly Products,” “we,” “us,” or “our”) governing your access to and use of the 8 Hour Energy Patches website and online storefront (the “Site”), including browsing, Accounts, orders, subscriptions, and any rewards features we enable.

By accessing or using the Site, creating an Account, or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

Effective date: September 24, 2026

Seller / operator:
Jolly Products
2985 Piedmont Road NE
Atlanta, GA 30305
United States
Phone: 1-888-605-3062
Email: legal@eighthourenergy.com

2. Eligibility; United States focus; age 18+

You must be at least 18 years of age to create an Account or purchase products on the Site. By using the Site to purchase or create an Account, you represent that you are 18 or older and have the legal capacity to enter into these Terms.

The Site is intended for customers in the United States. We currently sell for U.S. delivery only. We may refuse or cancel orders with non-U.S. shipping addresses. Access from outside the United States does not expand shipping destinations or create an obligation to sell outside the U.S.

3. Accounts

Some features (including order history, subscription management, and rewards, if enabled) may require an Account. You agree to:

1. Provide accurate, current, and complete information;
2. Keep your credentials confidential and not share your Account;
3. Promptly update information when it changes; and
4. Notify us if you suspect unauthorized use of your Account.

You are responsible for activity that occurs under your Account. We may suspend or terminate Accounts that violate these Terms, present security or fraud risk, or are otherwise inconsistent with lawful Site operation.

Account authentication and related data storage may be provided through Google Firebase Authentication and Firestore as described in our Privacy Policy. Subscription management may be provided through the Stripe Customer Portal / Billing Portal where we enable it.

4. Products; dietary supplement disclaimer (DSHEA / FDA)

Products offered on the Site are dietary supplements (including 8 Hour Energy Patches SKUs such as 3-Day and 10-Day one-time offerings and 30-Day subscription offerings as listed at checkout). Product descriptions, images, and packaging may change. We attempt to display information accurately but do not warrant that descriptions are error-free.

FDA / DSHEA notice. Statements on the Site have not been evaluated by the U.S. Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. The Site and product information are not medical advice. Consult a qualified healthcare professional before using any dietary supplement, especially if you are pregnant, nursing, taking medication, or have a medical condition. Do not use products as a substitute for professional medical care.

We do not claim that our products are FDA-approved or FDA-certified. Do not interpret marketing copy, customer reviews, or Site content as FDA approval or as a guarantee of any particular health outcome.

Individual results vary. Follow label directions. Keep products out of reach of children.

5. Orders, pricing, and payment (Stripe)

5.1 Orders

When you place an order, you offer to purchase the products selected at the prices and terms shown at checkout. We may accept, refuse, or cancel an order for reasons including product availability, pricing or other errors, suspected fraud, shipping restrictions, sanctions/export restrictions, or violation of these Terms. If we cancel after charging you, we will refund the amount charged for the canceled portion through the original payment method where practicable.

Order confirmation (email or Account display, if provided) does not guarantee acceptance until we process and fulfill or otherwise confirm the order under our ordinary practices.

5.2 Pricing

Prices are listed in U.S. dollars unless stated otherwise. Applicable taxes and shipping charges (if any) are shown at checkout where we configure tax and shipping calculation. We do not invent shipping rates in these Terms; see /shipping for shipping practices. We may correct pricing errors even after an order is submitted; if the corrected price is higher and you have already paid, we will cancel and refund or seek your confirmation before charging the difference, consistent with applicable law and our practices.

5.3 Payment via Stripe

Payment is processed by Stripe, including Stripe Checkout for one-time and subscription purchases. By submitting payment information, you authorize Stripe (and us, as applicable) to charge your selected payment method for the order total, including applicable taxes and shipping, and for subscription renewals as described in Section 6.

• We do not store full primary account numbers (full PAN) on our systems.
• Stripe’s terms and privacy practices apply to payment processing. See https://stripe.com/legal and https://stripe.com/privacy.
• Stripe may provide Customer Portal / Billing Portal tools for managing payment methods and subscriptions where we enable them.

You represent that you are authorized to use the payment method you provide.

5.4 Promotional codes and rewards redemption

If we offer promotional codes or rewards redemptions (including Stripe promotion codes), additional terms disclosed at redemption or on the Site apply. Unused promotional value may expire as disclosed. Abuse of codes (sharing, scraping, or stacking beyond stated rules) may result in cancellation of the discount or order.

6. Subscriptions (ROSCA-style disclosures)

6.1 Auto-renewing subscriptions

Certain products (including the 30-Day subscription, if offered) renew automatically until you cancel. When you subscribe, you authorize recurring charges to your payment method on the schedule disclosed at enrollment and in your Account (for example, approximately every 30 days for a 30-Day Supply), at the then-current subscription price plus applicable taxes and shipping, until you cancel.

6.2 Clear and conspicuous disclosure before enrollment

Before you complete a subscription enrollment, we will disclose in a clear and conspicuous manner (consistent with the Restore Online Shoppers’ Confidence Act and applicable state automatic-renewal laws, as counsel advises):

1. That the purchase is a subscription that will continue until you cancel;
2. The recurring amount (or how to determine it) and billing frequency;
3. How to cancel; and
4. Any material limitations (for example, that cancellation stops future renewals but may not refund the current paid period except as stated in Returns or required by law).

By confirming the subscription, you agree to those terms.

6.3 How to cancel or manage

You may cancel or manage your subscription through your Account on the Site, including via the Stripe Customer Portal / Billing Portal where we enable it. Cancel before the next renewal charge to avoid being billed for the upcoming period, subject to processing cutoffs we disclose in Account tools. Cancellation stops future renewals; it does not automatically refund the current paid period unless a refund is required by our Returns page or applicable law.

If Account/Portal tools are temporarily unavailable, email legal@eighthourenergy.com or call 1-888-605-3062 for assistance with cancellation.

6.4 Changes to subscription pricing or terms

We may change subscription pricing or terms on a going-forward basis. If required by law or our practices, we will provide notice before a price increase takes effect on your subscription. If you do not agree, cancel before the change applies.

6.5 Failed payments

If a renewal payment fails, Stripe or we may retry the charge according to ordinary billing practices. We may suspend or cancel the subscription if payment cannot be completed. You remain responsible for amounts owed for fulfilled periods.

7. Shipping and Returns (incorporated by reference)

Shipping practices, timelines, destinations (U.S. only for now), and related details are described on our Shipping page at /shipping, which is incorporated into these Terms by reference.

Return eligibility, procedures, money-back practices (if any), and any restocking or refund rules are described on our Returns page at /returns, which is incorporated into these Terms by reference.

If there is a conflict between this Section 7 and the Shipping or Returns pages on shipping or returns topics, the Shipping or Returns page controls for those topics, and these Terms control for all other topics. These Terms do not invent shipping rates or return windows; rely on the live /shipping and /returns pages.

8. Rewards program (high-level; if enabled)

If we enable a rewards or points program:

1. Points or credits are promotional, have no cash value except as stated when redeemed under program rules, and are not cash until redeemed according to those rules;
2. Earn and burn rates, eligibility, and expiration (if any) will be described on the Site (for example, Account or FAQ/rewards pages);
3. Redemption may occur via Stripe promotion codes or other checkout mechanisms we configure;
4. We may modify or end the program prospectively with notice on the Site;
5. Fraud, abuse, or multiple Accounts to game rewards may result in forfeiture of points and Account action;
6. Rewards do not alter subscription cancel rights under Section 6.

Detailed program rules on the Site control over this high-level summary if there is a conflict on rewards-only topics.

9. Acceptable use / prohibited uses

You agree not to:

1. Use the Site for any unlawful purpose or in violation of these Terms;
2. Purchase products for resale without our prior written consent, or engage in fraudulent, speculative, or abusive ordering;
3. Interfere with or disrupt the Site, servers, or networks, or attempt unauthorized access to Accounts, systems, or data;
4. Use bots, scrapers, or automated means to access the Site except as allowed by public search engines indexing publicly available pages in accordance with robots.txt, or with our prior written permission;
5. Reverse engineer, decompile, or attempt to extract source code from the Site except where such restriction is prohibited by law;
6. Misrepresent your identity or affiliation;
7. Upload malware or harmful code;
8. Harass, abuse, or harm others in connection with the Site;
9. Circumvent security, age, geographic, payment, or rewards controls; or
10. Use the Site in a way that imposes an unreasonable load on our infrastructure.

We may investigate violations and cooperate with law enforcement. We may refuse service, cancel orders, or terminate Accounts for violations.

10. Intellectual property

The Site, including text, graphics, logos, product names, trade dress, software, and layout, is owned by Jolly Products or its licensors and is protected by intellectual property laws. “8 Hour Energy Patches,” related marks, and brand assets are trademarks or trade dress of Jolly Products or its licensors.

You receive a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial shopping consistent with these Terms. No other rights are granted. You may not copy, modify, distribute, sell, or create derivative works from Site content except as expressly allowed by us in writing or by mandatory law.

All rights not expressly granted are reserved.

11. User content and feedback license

If you send ideas, suggestions, reviews, comments, or other feedback or content (“User Content” or “Feedback”), you grant Jolly Products a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, translate, distribute, publicly display, and commercialize the User Content/Feedback for any purpose, without compensation or attribution to you, to the extent permitted by law. Feedback is non-confidential. We have no obligation to use Feedback.

You represent that you own or control the rights to User Content you submit and that it does not violate law or third-party rights. We may remove User Content that we believe violates these Terms or law.

12. Third-party links and services

The Site may link to or integrate third-party services (including Stripe-hosted pages). We do not control third-party services and are not responsible for their content, availability, or practices. Your use of third-party services may be subject to their own terms and privacy policies. Linking does not imply endorsement.

13. Electronic communications (E-SIGN)

By using the Site, creating an Account, or placing an order, you consent to receive electronic communications from us related to your Account, orders, subscriptions, security, and these Terms, to the extent permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar laws. You agree that electronic notices, disclosures, and records satisfy any legal requirement that such communications be in writing. You may withdraw consent to electronic delivery of certain notices where law permits by contacting us, but doing so may require you to stop using Account features that depend on electronic delivery.

Operational contact methods include email (legal@eighthourenergy.com), phone (1-888-605-3062), postal mail, and Account tools where enabled.

14. Export controls and sanctions

You may not use, export, or re-export the Site or products except as authorized by U.S. law and the laws of the jurisdiction in which you obtained them. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. We may refuse or cancel orders that we believe would violate export or sanctions rules.

15. Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of utilities, hosting providers, payment networks, or carriers.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JOLLY PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT PRODUCT DESCRIPTIONS ARE COMPLETELY ACCURATE. DIETARY SUPPLEMENT STATEMENTS ARE SUBJECT TO SECTION 4. WE DO NOT WARRANT ANY PARTICULAR HEALTH RESULT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. WHERE PROHIBITED, DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOLLY PRODUCTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR PRODUCTS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO JOLLY PRODUCTS FOR THE PRODUCTS GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE; OR

(B) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. WHERE PROHIBITED, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT WHERE SUCH EXCLUSION IS VOID).

18. Indemnification

You agree to defend, indemnify, and hold harmless Jolly Products and its officers, directors, employees, agents, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or products other than as expressly permitted; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) User Content or Feedback you submit. We may assume exclusive defense of any matter subject to indemnification at your expense; you agree to cooperate. This Section does not require you to indemnify us for our own willful misconduct to the extent such requirement is prohibited by law.

19. Dispute resolution — binding arbitration; class action waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

19.1 Informal resolution (30 days)

Before starting arbitration or a lawsuit (other than small-claims actions described below), you and Jolly Products agree to try to resolve the dispute informally. Send a written notice describing the Dispute (defined below), the relief sought, and your contact information to:

Jolly Products
Attn: Dispute Notice
2985 Piedmont Road NE
Atlanta, GA 30305
Email: legal@eighthourenergy.com

We will attempt in good faith to resolve the Dispute within thirty (30) days after we receive a complete notice. If the Dispute remains unresolved after that period, either party may commence arbitration as set out below (unless you timely opted out under Section 19.5).

19.2 Binding individual arbitration (AAA Consumer Rules)

Except for (i) the small-claims carve-out in Section 19.4, and (ii) actions in which we seek injunctive or other equitable relief to protect our intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or products—including formation, interpretation, breach, termination, or validity—(a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or any successor rules), as modified by this Section 19.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement. The arbitrator has exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court—not the arbitrator—must decide issues relating to the class action waiver in Section 19.3 if a court challenge is brought.

Hearing location / format: Subject to the AAA Consumer Rules, arbitration hearings may be conducted by telephone or remote video, or in person in Atlanta, Georgia, at your election where the Rules allow consumer choice of hearing format. For claims within the AAA’s documents-only procedures, the arbitration may proceed on the papers.

The arbitrator may award individual relief that would be available in court, including temporary, interim, or permanent injunctive relief as to you individually. Judgment on the award may be entered in any court of competent jurisdiction.

Fees: AAA Consumer Arbitration Rules address filing and other fees. If those Rules require us to pay a greater share of fees for consumer arbitrations, we will do so. Each party bears its own attorneys’ fees unless the arbitrator awards fees under applicable law or the AAA Rules.

19.3 Class action waiver; individual claims only

YOU AND JOLLY PRODUCTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative proceeding, unless you and we agree otherwise in writing after the Dispute arises.

If a court of competent jurisdiction decides that the class action waiver in this Section 19.3 is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) must proceed in court, and the remainder of this Section 19 remains in effect. If a court decides that this entire Section 19 is unenforceable, the remainder of these Terms continues in effect, and Disputes will be resolved in court under Section 20 subject to the jury waiver in Section 21 where permitted.

19.4 Small-claims court carve-out

Either party may bring an individual action in small-claims court for Disputes within that court’s jurisdiction and venue requirements. This carve-out does not authorize class or representative claims in small-claims court.

19.5 Thirty-day opt-out of arbitration

You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by emailing legal@eighthourenergy.com or mailing a written notice to:

Jolly Products
Attn: Arbitration Opt-Out
2985 Piedmont Road NE
Atlanta, GA 30305
Email: legal@eighthourenergy.com

The notice must include your name, the email or Account identifier associated with your use of the Site (if any), a clear statement that you opt out of the arbitration agreement in these Terms, and your signature. Opting out of arbitration does not affect any other provision of these Terms (including the class waiver only insofar as a court later requires, the liability limits, or Georgia governing law). If you opt out, Disputes will proceed in court under Section 20, subject to Section 21.

19.6 Mass arbitration / batch filing

If twenty-five (25) or more similar Demands for Arbitration are filed against us by or with the assistance of the same law firm or coordinated group within a reasonably proximate period, you and we agree that the AAA’s mass arbitration or batching procedures (if any) may apply, or that counsel will discuss in good faith a process for efficient resolution. This subsection does not waive the individual-arbitration or class-waiver requirements except as a court or the AAA rules require.

19.7 Survival

This Section 19 survives termination of these Terms or your Account and survives completion of any transaction between you and us.

20. Governing law; venue carve-outs consistent with arbitration / FAA

These Terms and any Dispute are governed by the laws of the State of Georgia, excluding its conflict-of-laws rules that would require applying another jurisdiction’s laws, except that the FAA governs the interpretation and enforcement of the arbitration agreement in Section 19.

Court venue (only where a Dispute is not subject to arbitration): Subject to Section 19 (including the small-claims carve-out and any court proceeding needed to compel arbitration or confirm an award), you and Jolly Products agree that the state and federal courts located in Atlanta, Georgia (Fulton County / Northern District of Georgia, as applicable) are the exclusive venue for litigating Disputes that a court decides are not subject to arbitration, and each party consents to personal jurisdiction there. This venue clause does not displace binding arbitration where Section 19 applies, and does not prevent either party from seeking provisional relief in any court of competent jurisdiction to protect IP or compel arbitration.

21. Jury trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JOLLY PRODUCTS WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR PRODUCTS (INCLUDING ANY COURT PROCEEDING PERMITTED UNDER SECTIONS 19 OR 20).

22. Termination

We may suspend or terminate your access to the Site or your Account at any time if we reasonably believe you violated these Terms, pose a fraud or security risk, or if we discontinue the Site. You may stop using the Site at any time and may cancel subscriptions as described in Section 6. Provisions that by their nature should survive (including Sections 4, 10–21, and 23) survive termination. Termination does not entitle you to a refund except as stated in /returns or required by law.

23. Severability; entire agreement; assignment; notices; changes; miscellaneous

Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions will continue in full force. Section 19.3’s specific severability rule controls for class-waiver issues.

Entire agreement. These Terms, together with the Privacy Policy and the Shipping and Returns pages incorporated by reference, and any subscription disclosures presented at enrollment, are the entire agreement between you and Jolly Products regarding the Site and supersede prior or contemporaneous understandings on that subject. Additional terms may apply to specific promotions or rewards; those terms control for their subject matter if there is a conflict.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law. These Terms bind permitted successors and assigns.

Notices. We may provide notices by posting on the Site, through your Account, or by other reasonable means using contact information you provide. You may send legal notices to us by email at legal@eighthourenergy.com or by mail at the address in Section 24 (and by phone for operational matters as described in the Privacy Policy).

Changes to Terms. We may update these Terms from time to time. The Effective date will change when we post updates. Material changes may be highlighted on the Site or via Account notice. Continued use after the updated Effective date constitutes acceptance, except where applicable law requires a different form of consent. If you do not agree, stop using the Site and cancel any subscriptions before the change applies to you where required.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Headings. Headings are for convenience only and do not affect interpretation.

No third-party beneficiaries. These Terms do not create third-party beneficiary rights except as expressly stated.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

24. Contact

Jolly Products
2985 Piedmont Road NE
Atlanta, GA 30305
United States
Phone: 1-888-605-3062
Email: legal@eighthourenergy.com

For order, Account, subscription, privacy, or legal questions, email legal@eighthourenergy.com, call the number above, write to the postal address above, or use Account tools on the Site (including Stripe Customer Portal where enabled).