Five Stems Terms & Conditions
Last updated March 1, 2026
1. Acceptance of Terms
By accessing or using the website located at fivestems.com (the "Site"), placing an order, or otherwise engaging with any product or service offered by Proficiency Systems LLC, a Delaware limited liability company doing business as Five Stems ("Five Stems," "we," "us," or "our"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease use of the Site.
These Terms constitute a legally binding agreement between you and Five Stems. We reserve the right to modify these Terms at any time. Changes take effect upon posting to the Site. Your continued use of the Site following any modification constitutes your acceptance of the revised Terms.
2. Eligibility
The Site and our products are available for purchase by individuals who can form legally binding contracts under applicable law. By placing an order, you represent that you have the legal capacity to enter into this agreement. If you are placing an order on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
3. Products & Descriptions
Five Stems sells plant-based organic protein and superfood smoothie powder products ("Products"). We make reasonable efforts to display Product descriptions, ingredients, nutritional information, and images accurately. However, we do not warrant that descriptions or other content on the Site are complete, reliable, current, or error-free.
Product packaging and formulations may change from time to time. The most current and accurate product information will always be displayed on the physical packaging. In the event of any conflict between information on the Site and information on the packaging, the packaging shall control.
4. Health & Wellness Disclaimer
The content on the Site, including any general wellness language, is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Five Stems Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Results may vary between individuals. You should consult a qualified healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, have a medical condition, or are taking any medication.
Allergen Notice: Five Stems Products are manufactured on shared equipment that may contain peanuts or tree nuts. Individuals with nut allergies should exercise caution and consult a healthcare provider before use.
5. Orders & Payment
5.1 Order Acceptance
Submission of an order constitutes an offer to purchase. We reserve the right to accept, refuse, or cancel any order at our sole discretion, including after an order confirmation has been sent. If we cancel an order following payment, we will issue a full refund to your original payment method.
5.2 Pricing
All prices are listed in US Dollars (USD) and are subject to change without notice. We are not responsible for typographical errors in pricing. If a pricing error is identified, we reserve the right to cancel the affected order and notify you.
5.3 Payment Processing
We accept payment via Shopify Payments, Stripe, and PayPal. By providing payment information, you represent that you are authorized to use the payment method provided. Payment is processed at the time of order placement. We do not store full payment card details on our servers.
5.4 Taxes
Applicable sales taxes will be calculated and displayed at checkout based on your shipping address. You are responsible for any applicable taxes, duties, or fees beyond those collected at checkout.
6. Subscriptions
Five Stems offers both one-time purchases and recurring subscription options. By enrolling in a subscription, you authorize Five Stems to charge your chosen payment method on a recurring basis at the frequency selected at checkout.
You may cancel your subscription at any time by logging into your account or contacting us at questions@fivestems.com. Cancellations must be submitted at least 48 hours before your next scheduled billing date to avoid being charged for that cycle. Subscription orders that have already been processed and shipped are subject to our standard refund policy.
We reserve the right to modify subscription pricing with at least 14 days' advance notice sent to the email address associated with your account. Continued enrollment following that notice constitutes acceptance of the updated pricing.
7. Shipping & Delivery
We currently ship to addresses within the contiguous United States. Shipping timelines displayed at checkout are estimates only and are not guaranteed. Five Stems is not responsible for delays caused by carriers, weather, or other circumstances outside our control.
Risk of loss and title for Products pass to you upon tender of delivery to the carrier. If your shipment is lost or damaged in transit, please contact us at questions@fivestems.com within 7 days of the expected delivery date so we can assist in filing a carrier claim.
8. Returns & Refunds
We want you to be satisfied with your purchase. If you are not satisfied, please contact us at questions@fivestems.com within 30 days of your order delivery date.
Refund eligibility is assessed on a case-by-case basis. Factors we consider include the nature of the issue, Product condition, and proof of purchase. Because our Products are consumables, we are not able to accept physical returns of opened items in all circumstances, but we will work with you to find a fair resolution.
Approved refunds will be issued to your original payment method within 5–10 business days of approval. Original shipping charges are non-refundable unless the return is due to our error or a defective product.
We reserve the right to decline refund requests that we reasonably believe are fraudulent, abusive, or in violation of these Terms.
9. User Accounts
You may be required to create an account to place orders or manage a subscription. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at questions@fivestems.com if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.
10. Affiliate & Influencer Program
Five Stems offers an affiliate and influencer program ("Program"). Participation in the Program is subject to a separate Affiliate Agreement, the terms of which are incorporated into these Terms by reference where applicable. In the event of any conflict between these Terms and the Affiliate Agreement, the Affiliate Agreement controls with respect to Program participation.
All affiliates and influencers must comply with applicable FTC guidelines, including clearly disclosing any material connection to Five Stems when promoting our Products. Five Stems reserves the right to terminate any affiliate or influencer relationship at its sole discretion.
11. Email Marketing & Communications
By providing your email address through the Site or at checkout, you consent to receiving transactional communications related to your order. If you opt in to marketing communications, you consent to receiving promotional emails from Five Stems.
We use Klaviyo as our email marketing platform. Your data is processed in accordance with our Privacy Policy. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email or by contacting us at questions@fivestems.com. Unsubscribing from marketing emails does not affect receipt of transactional or order-related communications.
12. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Proficiency Systems LLC or its content suppliers and is protected by applicable United States and international intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site without our prior written consent. Nothing in these Terms grants you any license or right to use any trademark, service mark, or logo displayed on the Site.
13. Prohibited Conduct
You agree not to use the Site or our Products in connection with any of the following:
Violating any applicable federal, state, or local law or regulation
Infringing on the intellectual property rights of Five Stems or any third party
Transmitting any unsolicited or unauthorized advertising or promotional material
Engaging in any conduct that could damage, disable, overburden, or impair the Site
Attempting to gain unauthorized access to any portion of the Site or any related systems or networks
Submitting false, misleading, or fraudulent orders or refund requests
Reselling Products purchased from the Site without our prior written consent
14. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FIVE STEMS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIVE STEMS MAKES NO WARRANTY THAT PRODUCTS WILL MEET YOUR SPECIFIC EXPECTATIONS OR REQUIREMENTS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFICIENCY SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO FIVE STEMS IN THE 12 MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree to indemnify, defend, and hold harmless Proficiency Systems LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Site or Products; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit or transmit through the Site.
17. Dispute Resolution & Binding Arbitration
17.1 Informal Resolution
Before initiating any formal dispute, you agree to contact us at questions@fivestems.com and provide a written description of your complaint. We will attempt to resolve the dispute informally within 30 days.
17.2 Binding Arbitration
IF INFORMAL RESOLUTION FAILS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE OR PRODUCTS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.
Arbitration will be conducted on an individual basis. The arbitration shall take place in Delaware, or at a mutually agreed upon location or via videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
17.3 Class Action Waiver
YOU AND FIVE STEMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
17.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Small claims court actions that qualify under applicable rules are also exempt from mandatory arbitration.
18. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 17, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
19. Third-Party Links & Services
The Site may contain links to third-party websites or services that are not owned or controlled by Five Stems. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.
20. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of your data as described in the Privacy Policy.
21. Severability & Waiver
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Five Stems.
22. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Affiliate Agreement, constitute the entire agreement between you and Five Stems with respect to the subject matter herein and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
23. Contact Information
or questions, concerns, or notices related to these Terms, please contact us at:
Proficiency Systems LLC (dba Five Stems)
Email: questions@fivestems.com
Website: fivestems.com