Terms of service

NanoChewGum.com

Last updated: September 14, 2026

Overview

Welcome to NanoChew. NanoChewGum.com (the "Site") is operated by Vital Laboratories, LLC ("NanoChew," "we," "us," or "our"). We offer the Site — together with all related information, content, features, tools, products, and services we provide through it (collectively, the "Services") — to you, the user, on the condition that you accept these Terms of Service (these "Terms"). The Site is hosted on Shopify, which provides the e-commerce platform that enables us to offer the Services to you.

By visiting the Site, purchasing from us, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including a health and product disclaimer (Section 2), warranty disclaimers (Section 15), limitations of liability (Section 16), and an agreement to resolve disputes through individual arbitration (Section 19).

1. Eligibility and Accounts

By using the Services, you represent that you are at least the age of majority in your state of residence, or that you are the parent or legal guardian of a minor dependent and consent to that dependent's use of the Services on devices you own or manage.

To purchase products or use certain features, you may be asked to provide information such as your name, email address, and billing, payment, and shipping details. You represent that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide it. You are solely responsible for keeping your account credentials secure and for all activity under your account, and you may not sell, transfer, license, or assign your account to anyone else.

2. Health and Product Disclaimer

NanoChew products are chewing gum intended for general oral care and cosmetic purposes. They are not drugs or medical devices. Statements made on the Site or on our packaging have not been evaluated by the U.S. Food and Drug Administration, and our products are not intended to diagnose, treat, cure, or prevent any disease.

Our products are not a substitute for professional dental or medical care or for a complete oral hygiene routine, including brushing, flossing, and regular dental visits. Consult your dentist or physician before use if you have a dental or medical condition, are pregnant or nursing, or have questions about whether the product is appropriate for you. Review the full ingredient list before use if you have any allergies or sensitivities, and discontinue use and consult a professional if you experience irritation or any adverse reaction. Chewing gum can present a choking hazard and is not intended for young children. Keep out of reach of children and pets.

3. Products

We work to describe and display our products as accurately as possible. Even so, the appearance of products — including colors and packaging — may vary from what you see on your screen depending on your device and its settings, and we do not warrant that any product will match its on-screen appearance or meet your expectations. Product descriptions, formulations, pricing, and availability may change at any time without notice, and we may discontinue any product or limit the quantities offered to any person, geographic region, or jurisdiction at our sole discretion, on a case-by-case basis.

4. Orders

When you place an order, you are making an offer to purchase. We may accept or decline any order for any reason at our discretion, and your order is not accepted until we confirm acceptance and your payment has been received and processed. Please review your order carefully before submitting it, as we may not be able to accommodate changes or cancellation requests once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with the order.

Returns and exchanges are governed solely by our Refund Policy [LINK]. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, distribution, or export.

5. Prices and Billing

Prices, discounts, and promotions may change at any time without notice. The price charged for a product will be the price in effect at the time your order is placed, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, or customs or import charges, which are your responsibility. Prices on the Site may differ from prices offered through our other sales channels or by third parties. Promotions we offer from time to time may be governed by separate terms, and if those terms conflict with these Terms, the promotion terms control for that promotion.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases, and to promptly update that information — including your email address and payment card details — so we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method provided, (iii) charges you incur will be honored by your card issuer or payment provider, and (iv) you will pay all charges you incur at the posted prices, including shipping and handling charges and all applicable taxes.

6. Shipping and Delivery

Delivery dates and transit times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather, or other events outside our reasonable control. Title to products and risk of loss pass to you when we deliver the products to the carrier.

7. Intellectual Property

The Services and all materials in them — including all text, graphics, images, photographs, video, audio, product and service names, designs, logos, product reviews, and the selection and arrangement of these materials — are owned by Vital Laboratories, LLC, its affiliates, or its licensors and are protected by U.S. and international patent, copyright, trademark, and other intellectual property laws.

These Terms grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated in these Terms, nothing in them grants you any license or right under any patent, trademark, copyright, or other intellectual property of NanoChew, Shopify, or any third party, and all rights not expressly granted are reserved. Unauthorized use of the Services may violate federal and state intellectual property laws.

"NanoChew" and our logos, product and service names, designs, and slogans are trademarks of Vital Laboratories, LLC or its licensors and may not be used without our prior written permission. Shopify's name, logo, and product and service names are trademarks of Shopify. All other names, logos, and marks appearing on the Services are the property of their respective owners.

8. Reviews and Feedback

If you submit, upload, post, email, or otherwise transmit reviews, comments, photos, ideas, suggestions, proposals, or other content to us or through the Services ("Submissions"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display those Submissions in any media for any purpose, including commercial and marketing use, operating and improving the Services, and exercising our rights under these Terms.

You represent and warrant that (i) you own or control all rights in your Submissions, (ii) you have disclosed any compensation, free products, or other incentives you received in connection with any Submission, and (iii) your Submissions are accurate and comply with these Terms. Your Submissions must not violate the rights of any third party — including copyright, trademark, privacy, publicity, or other personal or proprietary rights — and must not contain unlawful, defamatory, abusive, or obscene content, or any virus or other malicious code that could affect the operation of the Services. You may not use a false email address, impersonate any person, or otherwise mislead us or others as to the origin of a Submission.

We may, but have no obligation to, monitor, edit, or remove Submissions that we determine in our sole discretion to be unlawful, offensive, infringing, or otherwise objectionable or in violation of these Terms. We have no obligation to keep Submissions confidential, to compensate you for them, or to respond to them, and we assume no liability for any Submission posted by you or any third party. You are solely responsible for your Submissions and their accuracy.

9. Optional Tools and Third-Party Links

The Services may give you access to tools, content, or functionality operated by third parties that we do not monitor or control. We provide access to third-party tools "as is" and "as available," without warranties, representations, or conditions of any kind and without endorsement, and your use of them is entirely at your own risk. You should review and make sure you are comfortable with the terms on which those tools are provided by the relevant third party. Any new features or tools we add to the Services in the future will also be subject to these Terms.

The Services may also contain materials and links to third-party websites, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we are not liable for any harm or damages arising from your access to third-party websites or your purchase or use of any third-party products, services, resources, or content. Review each third party's policies and practices before you transact with them, and direct any complaints, claims, or questions about third-party products or services to that third party.

10. Relationship with Shopify

The Site is powered by Shopify, which enables us to provide the Services to you. All sales and purchases made through the Site are made directly with Vital Laboratories, LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage, or loss resulting from purchased products or services, and you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

11. Privacy

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Because the Site is hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Site in order to provide and improve the platform, as described in Shopify's privacy policy. Information you submit through the Services may be transmitted to and shared with Shopify and our other service providers, who may be located in states or countries other than where you reside, in order to provide the Services to you. By using the Services, you acknowledge that you have read our Privacy Policy.

12. Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions, including in product descriptions, pricing, promotions, offers, 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 is inaccurate, at any time and without prior notice, including after you have submitted an order.

13. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any international, federal, state, or local law, rule, or regulation; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, defame, threaten, intimidate, or discriminate against anyone; (e) to submit false or misleading information; (f) to upload or transmit viruses, malware, or any other malicious code that may affect the functionality or operation of the Services; (g) to send spam, chain letters, or other unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate any person or entity; (i) to collect, harvest, or track the personal information of others; (j) to spider, crawl, scrape, phish, pretext, or otherwise extract data from the Services by automated or deceptive means; (k) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; or (l) to interfere with or circumvent the security features of the Services or otherwise restrict or inhibit anyone's use or enjoyment of the Services, or engage in conduct that, as determined by us, may harm NanoChew, Shopify, or users of the Services or expose them to liability. We may suspend, disable, or terminate your access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

14. Termination

We may terminate these Terms or your access to all or part of the Services at our sole discretion, at any time, with or without cause and without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will survive, including, without limitation, those concerning intellectual property, Submissions, disclaimers of warranties, limitations of liability, indemnification, dispute resolution and arbitration, governing law, and payment obligations.

15. Disclaimer of Warranties

The information presented on or through the Services is made available for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY US IN WRITING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS, 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. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VITAL LABORATORIES, LLC OR OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS — ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless Vital Laboratories, LLC, Shopify, and our respective affiliates, partners, officers, directors, members, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, and expenses, including reasonable attorneys' fees, payable to any third party and arising out of or relating to (i) your breach of these Terms or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third party, or (iii) your access to or use of the Services. We will notify you of any claim subject to indemnification, provided that a delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced by it. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents.

18. Governing Law

These Terms, and any dispute between you and us, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 19 (Dispute Resolution), any dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and we each consent to the personal jurisdiction and venue of those courts.

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.

Informal resolution first. Before filing any claim, you agree to first contact us at hello@vitaltoothpastetabs.com with a written description of the dispute and to give us at least thirty (30) days to try to resolve it informally.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products purchased through the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court — except that either party may (i) bring an individual claim in small claims court if it qualifies, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration will be conducted in the county where you reside, at another mutually agreed location, or remotely by videoconference or telephone. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THAT EACH OF US WAIVES ANY RIGHT TO A TRIAL BY JURY. If the class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must be severed from arbitration and brought in court under Section 18, and all remaining claims will stay in arbitration.

Opt-out. You may opt out of this arbitration agreement by emailing hello@vitaltoothpastetabs.com within thirty (30) days of the date you first accept these Terms, including your name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

20. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, the unenforceable portion will be deemed severed from these Terms, and that determination will not affect the validity and enforceability of the remaining provisions.

21. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with the policies and operating rules posted on the Site (including our Privacy Policy and Refund Policy), constitute the entire agreement and understanding between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including any prior versions of these Terms. Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

22. Assignment

You may not assign, delegate, or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is null and void. We may assign, delegate, or transfer these Terms and our rights and obligations without restriction and without consent or notice to you.

23. Headings

Section headings are provided for convenience only and do not limit or otherwise affect these Terms.

24. Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting the updated Terms on the Site. We will provide notice of material changes as required by applicable law, and changes will take effect on the date stated in the notice or, if none is stated, upon posting. Your continued use of or access to the Services after changes are posted constitutes acceptance of the updated Terms.

25. Contact Information

Questions about these Terms should be sent to:

Vital Laboratories, LLC 11120 Sherman Way, Unit B Sun Valley, CA 91352 Email: hello@vitaltoothpastetabs.com