nospike.food

No!spike

TERMS OF SERVICE

1. Overview

These Terms govern your access to and use of NoSpike products and services operated by NoSpike GmbH. By accessing our website or placing an order, you agree to be bound by these Terms. If you are acting on behalf of a business, you confirm that you have authority to bind that entity.

2. Products & Services

NoSpike provides:

  • Functional snack products for wholesale, private label, and retail distribution
  • Custom formulation and private label services for qualifying partners
  • Product samples for qualified distribution inquiries
  • We reserve the right to modify, discontinue, or update any product or service offering at any time without prior notice.

3. Partner & Distributor Responsibilities

By engaging with NoSpike as a distribution or retail partner, you agree to:
  • Provide accurate business and contact information
  • Ensure compliance with all applicable local food safety and retail regulations
  • Use NoSpike products and branding materials only as authorised
  • Not misrepresent product claims beyond those provided in official NoSpike documentation

4. Payments & Pricing

  • Pricing is provided via individual proposal, wholesale agreement, or purchase order
  • Payment terms are specified in each agreed commercial contract
  • NoSpike reserves the right to adjust pricing with reasonable notice
  • Late payments may result in order suspension or termination of partnership

5. Intellectual Property

  1. NoSpike ownership: All NoSpike brand assets, formulations, product names, packaging design, and marketing materials remain the exclusive intellectual property of NoSpike GmbH.
  2. Partner usage rights: Partners may use approved NoSpike brand materials solely for authorised distribution and retail purposes. No modification, sublicensing, or redistribution of brand assets is permitted without written consent.

6. Product & Health Disclaimer

NoSpike products are functional food snacks formulated with science-backed ingredients. However:
  • NoSpike products are not medicines and are not intended to diagnose, treat, cure, or prevent any disease
  • Individual results may vary
  • Partners are responsible for ensuring accurate product representation to end consumers
  • NoSpike does not guarantee specific health outcomes from product consumption

7. Performance Disclaimer

NoSpike aims to support partner commercial success through product quality and brand support. However, no guaranteed sales volumes, revenue outcomes, or market performance results are implied or promised. Commercial performance depends on multiple external factors beyond NoSpike’s control.

8. Limitation of Liability

NoSpike shall not be liable for:
  • Indirect or consequential damages arising from product use or distribution
  • Loss of revenue, profits, or business opportunities
  • Regulatory changes affecting product sale in partner territories
  • Third-party platform or logistics failures outside NoSpike's control

9. Termination

NoSpike may terminate a partnership or service relationship if:

  • These Terms are violated
  • Payments are not made per agreed terms
  • Brand misuse or misrepresentation occurs
  • Partners may terminate based on terms specified in their individual commercial agreement.

9. Termination

NoSpike may terminate a partnership or service relationship if:

  • These Terms are violated
  • Payments are not made per agreed terms
  • Brand misuse or misrepresentation occurs
  • Partners may terminate based on terms specified in their individual commercial agreement.

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary business information, formulation data, commercial terms, and strategic plans shared in the course of the partnership.

11. Governing Law

These Terms are governed by the laws of Germany. [Note: confirm jurisdiction — adjust if legal entity is registered elsewhere.]

12. Dispute Resolution

Any disputes shall be resolved:
  • First: through good-faith negotiation between the parties
  • Then: through the competent courts of Germany

13. Contact

Note: This document is adapted for NoSpike based on an existing template. It should be reviewed by a qualified legal professional before publishing, particularly regarding product health claims (Section 6) and governing jurisdiction (Section 11).