Terms of Service

Terms of Service

Last updated: July 28, 2026

Welcome to The Gaily Collective. These Terms of Service ("Terms") govern your access to and use of livegaily.com (the "Site"), and your purchase of any products made available through the Site (the "Products"). The Gaily Collective is a brand of Ma La Ba, LLC, a California limited liability company ("The Gaily Collective," "we," "us," or "our").

Please read these Terms carefully. Section 16 contains a binding arbitration agreement and class action waiver that affect how disputes between you and The Gaily Collective are resolved. Section 16 also gives you the right to opt out of arbitration within 30 days.

By accessing or using the Site, or by purchasing a Product, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, please do not use the Site or purchase our Products.

1. Eligibility

You must be at least 18 years old, or the age of majority in your state of residence, to use the Site or purchase Products. By using the Site, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Our Products

The Gaily Collective sells dietary supplements formulated under the guidance of a licensed naturopathic doctor. Please read the following carefully:

These statements have not been evaluated by the Food and Drug Administration. Our Products are not intended to diagnose, treat, cure, or prevent any disease. Our Products are not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or another qualified healthcare provider before starting any new supplement, especially if you are pregnant, nursing, taking medication, or managing a health condition. Do not disregard or delay seeking medical advice because of something you read on the Site.

If you believe you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately.

You are responsible for reviewing the ingredient list of any Product before use to check for potential allergens or interactions. Use all Products strictly in accordance with the instructions on the label.

If you experience a reaction. If you experience an allergic reaction or any other adverse effect after using a Product, discontinue use immediately and consult a healthcare provider. For a serious reaction, seek emergency medical attention and let us know at hello@livegaily.com so we can look into it. Individual results vary, and testimonials or reviews on the Site are not a guarantee of any particular outcome.

3. Orders, Pricing, and Payment

All prices are listed in U.S. dollars and are subject to change without notice. We make reasonable efforts to display accurate pricing and availability, but errors may occur; if a Product is listed at an incorrect price, we reserve the right to cancel the order and notify you, even after you have received an order confirmation.

Your receipt of an order confirmation does not mean we have accepted your order. We reserve the right, at any time after you place an order, to accept, decline, cancel, or limit that order for any reason, including suspected fraud or pricing errors. An order is not accepted by us until it has shipped.

We reserve the right to refuse or cancel any order, limit quantities, or decline sales to resellers or distributors, at our discretion.

Payment is processed through our third-party payment processor at the time of purchase. By placing an order, you authorize us to charge your selected payment method for the full amount of your purchase, including applicable taxes and shipping.

Subscriptions

Some Products are available on a recurring subscription basis. If you subscribe:

  • Your payment method will be automatically charged on a recurring schedule (for example, monthly) until you cancel.

  • You may cancel or modify your subscription at any time through your account settings or by contacting us at hello@livegaily.com. To avoid being charged for an upcoming shipment, cancel before it is processed.

  • We will notify you in advance of any change to your subscription price.

  • Cancellation applies to future shipments only; it does not entitle you to a refund for charges already processed.

4. Shipping

We currently ship within the United States. Estimated delivery times shown at checkout are estimates only, and actual delivery dates may vary due to circumstances outside our control. Risk of loss and title to Products pass to you upon delivery to the shipping carrier. Please inspect your order upon arrival. Claims for lost, stolen, or damaged packages must be reported to hello@livegaily.com within 30 days of the shipment date.

5. Returns and Refunds

Because our Products are supplements intended for consumption, we are not able to accept returns once an order has shipped, and all sales are final.

First-order guarantee. If this is your first order with The Gaily Collective and you're not satisfied, contact us at hello@livegaily.com within 30 days of delivery. We'll issue a refund for that order—no need to send the product back. This guarantee applies once per customer, to a customer's first order only.

Beyond your first order, all sales are final, but we still want to hear from you. If something isn't working for you, reach out to us at hello@livegaily.com and we'll do what we can to make it right.

6. Promotional Codes

Promotional and discount codes have no cash value, cannot be combined with other offers unless stated otherwise, and are limited to one per order unless stated otherwise. We reserve the right to modify, restrict, or cancel any promotional offer, or to cancel orders where we suspect misuse or fraud.

7. The 1% for the Collective

The Gaily Collective donates 1% of sales to LGBTQ+ nonprofit organizations as part of our ongoing 1% for the Collective commitment. This is a permanent part of how we operate, not a limited-time promotion. Details on participating organizations and how contributions are calculated and distributed are available on our website and may be updated from time to time at our discretion.

8. Accounts

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at hello@livegaily.com if you suspect unauthorized use of your account. You agree to provide accurate, current, and complete information when creating an account or placing an order. We reserve the right to suspend or terminate any account, refuse service, or cancel orders at our discretion, including if we suspect fraudulent activity or a violation of these Terms.

9. Acceptable Use

You agree not to use the Site to:

  • Violate any applicable law or regulation;

  • Infringe on the intellectual property, privacy, or other rights of any person or entity;

  • Post or transmit harassing, defamatory, obscene, or discriminatory content;

  • Impersonate any person or entity or misrepresent your affiliation with a person or entity;

  • Attempt to gain unauthorized access to the Site, other users' accounts, or our systems;

  • Interfere with the proper functioning of the Site, including through malware, scraping, or excessive automated requests;

  • Reverse engineer, decompile, or disassemble any portion of the Site;

  • Harvest, scrape, or collect data from the Site — including product listings, reviews, images, or pricing — for use in training machine-learning models or for any other commercial purpose, without our prior written consent;

  • Purchase Products for unauthorized resale on third-party marketplaces where we have not granted written reseller authorization; or

  • Use the Site for any commercial purpose not expressly permitted by us.

We reserve the right to suspend or terminate access to the Site for anyone who violates these Terms.

10. Intellectual Property

All content on the Site—including our name, logo, brand assets, product formulations, photography, and written content—is owned by The Gaily Collective or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our prior written permission.

11. User Content

If you submit reviews, comments, photos, or other content to us (for example, through social media, email, or the Site), you grant The Gaily Collective a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and share that content in connection with marketing and promoting our Products and brand. You represent that you have the right to grant this license and that your content does not infringe on any third party's rights.

If you received a free Product, discount, commission, or other consideration in exchange for a review, post, or endorsement, you agree to clearly disclose that fact in accordance with FTC guidelines (for example, "#ad" or "#sponsored," or another clear written disclosure).

12. Third-Party Links

The Site may contain links to third-party websites that are not owned or controlled by The Gaily Collective. We are not responsible for the content, privacy practices, or terms of any third-party site. Visiting a linked site is at your own risk.

13. Mobile Messaging

If you opt in to receive text messages from us, you agree to receive recurring automated marketing and transactional messages at the mobile number you provided. Consent to receive texts is not a condition of purchase. Message and data rates may apply, and message frequency varies. To opt out, text STOP to the number you received messages from, or contact us at hello@livegaily.com. For help, text HELP to the same number. We are not liable for delayed or undelivered messages caused by your wireless carrier.

14. Disclaimer of Warranties

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GAILY COLLECTIVE AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

16. 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 have a jury trial. You have the right to opt out of arbitration within 30 days, as explained in Section 16.5.

16.1 Informal Resolution

Before filing any claim, you agree to first contact us at hello@livegaily.com and provide a written description of the dispute, your contact information, and the relief you are seeking. You and The Gaily Collective agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days before initiating arbitration.

16.2 Binding Arbitration

If the dispute is not resolved informally, you and The Gaily Collective agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any Products purchased from us ("Disputes") will be resolved exclusively by final and binding individual arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be conducted in San Diego County, California, or, at your election, in the county where you reside, or by video or telephone conference. The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this agreement. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration provision.

16.3 Class Action Waiver

YOU AND THE GAILY COLLECTIVE 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 and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to any Dispute, then the entirety of Section 16.2 will be null and void as to that Dispute, which shall instead be brought in a court of competent jurisdiction in San Diego County, California; the remainder of these Terms shall remain in effect.

16.4 Jury Trial Waiver

To the maximum extent permitted by law, you and The Gaily Collective each waive the right to a trial by jury in any proceeding arising out of or related to these Terms.

16.5 Opt-Out Right

You may opt out of the arbitration agreement in Section 16.2 and the class action waiver in Section 16.3 by sending written notice to Ma La Ba, LLC, d/b/a The Gaily Collective, Attn: Legal — Arbitration Opt-Out, 5821 University Ave. Ste 601 #217, San Diego, CA 92115, or by email to hello@livegaily.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out. To be effective, the notice must be postmarked or emailed within thirty (30) days of your first agreement to these Terms (or, for customers who first agreed before the Last Updated date above, within 30 days of that date). Opting out will not affect any other provision of these Terms.

16.6 Statute of Limitations

To the fullest extent permitted by law, any Dispute must be filed within one (1) year after the cause of action arose; otherwise, the Dispute is permanently barred.

16.7 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or trade secrets.

17. Governing Law and Venue

These Terms and any Dispute are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 16, the exclusive jurisdiction and venue for any action not subject to arbitration is the state and federal courts located in San Diego County, California, and each party consents to the personal jurisdiction of those courts.

18. Indemnification

You agree to indemnify and hold harmless The Gaily Collective, its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Site or Products.

19. Electronic Communications and E-Sign Consent

By using the Site, you consent to receive communications from us electronically, including by email, text message, and posts on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw this consent by contacting us at hello@livegaily.com, but doing so may limit your ability to use the Site or receive order-related communications.

20. Force Majeure

We will not be liable or responsible for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics or epidemics, war, terrorism, civil unrest, government action, labor disputes, carrier failures, supply chain disruptions, utility or internet outages, cyberattacks, or material shortages.

21. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (such as an email or Site banner). Changes take effect upon posting unless otherwise stated. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

22. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason — including violation of these Terms. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law — will survive.

23. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and The Gaily Collective regarding the Site and Products, and supersede all prior agreements or understandings on the subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

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

Relationship. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and The Gaily Collective.

24. Contact Us

Questions about these Terms? Reach us at:

Ma La Ba, LLC, d/b/a The Gaily Collective
5821 University Ave. Ste 601 #217
San Diego, CA 92115
Email: hello@livegaily.com