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Online Sale Terms

TERMS AND CONDITIONS FOR THE ONLINE SALE OF PRODUCTS AND SERVICES


Updated: March 27, 2026


1. Your Rights and Obligations.


1.1. THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.


1.2. THESE TERMS MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CERTAIN DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AS DESCRIBED BELOW.


1.3. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.


1.4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BESWELL24, CORP., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.


1.5. These terms and conditions (these “Terms”) apply to the purchase and sale of Products and Services through Beswell24.com (the “Site” or “Website”). “Products and Services” include (i) one-time purchases of consumer goods (“Products”), (ii) subscription-based services, features, and access (“Subscription Services”), and (iii) devices, equipment, or goods made available for temporary lease in connection with a Subscription Plan (“Equipment”). For clarity, Equipment is provided on a lease basis only and is not sold to you unless expressly stated otherwise. These Terms are subject to change by BESWELL24, CORP. (referred to as “BeSwell 24”, “us”, “we”, or “our”) without prior written notice at any time, in our sole discretion. Notwithstanding the forgoing, any material changes to these Terms that affect billing, subscription renewal, cancellation rights, or dispute resolution may be communicated to you via the email associated with your account. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

1.6. Equipment provided in connection with a Subscription Plan is made available on a limited, non-transferable, lease basis and remains the property of BeSwell24 or its third-party suppliers at all times. Title to such Equipment does not transfer to you. Your rights to use any Equipment are subject to the terms of the applicable Subscription Plan and must be exercised in accordance with these Terms and the Subscription Policy.


1.7. Caregivers or other individuals purchasing Products or Services on behalf of another adult represent and warrant that they have the legal authority to do so and agree to be responsible for all obligations arising from such purchases.


1.8. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. (See Website Terms of Use). You should also carefully review our Privacy Policy and Subscription Policy before placing an order for Products or Services through this Site. (See Privacy Policy and Subscription Policy)


2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract between BeSwell 24 and you will occur upon successful completion of checkout and confirmation of payment. Once your order is confirmed, it is immediately processed and cannot be modified or canceled, except as otherwise expressly provided in these Terms or the applicable Subscription Policy. For subscription offerings, confirmation of payment may initiate billing in accordance with the Subscription Policy; however, the timing of service availability, Service Commencement, cancellation, and refund rights is governed exclusively by the Subscription Policy. You may review and modify your order at any time prior to submitting your order through the checkout process. The ability to review and modify an order applies only prior to submitting the order through the checkout process and applies to one-time product orders. It does not modify any separate cancellation or termination rights applicable to subscription services, which are governed by the Subscription Policy. (See Subscription Policy.)


Cancellation and termination of Subscription Plans, including auto-renewal, billing cycles, and any minimum commitment requirements, are governed by the Subscription Policy. (See Subscription Policy.)


3. No Medical or Emergency Services. The Products and Services offered on this Site provide general wellness, convenience, and informational support only and are not a substitute for medical advice, medical monitoring, emergency response services, or professional caregiving. In the event of an emergency, users should contact emergency services immediately.


4. Prices and Payment Terms.


4.1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.


4.2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards (including Visa, Mastercard, American Express, and Discover), digital wallets (such as Apple Pay and Google Pay), and any other payment methods made available at checkout. Certain eligible Products may also be purchased using HSA/FSA debit cards where supported at checkout. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.


4.3. For Subscription Services, you authorize us to charge your designated payment method on a recurring basis in accordance with the applicable Subscription Policy until the subscription is canceled. (See Subscription Policy.)


5. Shipments; Delivery; Title and Risk of Loss.


5.1. We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.


5.2. Title and risk of loss pass to you upon delivery of the Products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


5.3. Title to Products transfers as described above. For Equipment provided under a Subscription Plan, title does not transfer to you. Risk of loss for Equipment will transfer to you upon delivery.


6. Returns and Refunds. Product returns and refunds are governed by our Refund & Return Policy, which is incorporated herein by reference and available on the Site. Certain Products may be designated as non-returnable or non-refundable, as disclosed prior to purchase. (See Refund & Return Policy.) Refunds and returns for Subscription Plans and leased equipment are governed by our Subscription Policy. Equipment provided under Subscription Plans is not sold and must be returned in accordance with the Subscription Policy. (See Subscription Policy.)


7. Third-Party Devices and Technologies. Products, assistive technologies, or devices referenced or offered through the Site are manufactured, operated, and supported by third parties. BeSwell 24 does not manufacture, control, operate, maintain, or monitor such devices and makes no representations or warranties regarding device performance, connectivity, alerts, notifications, data accuracy, battery life, or safety outcomes. All device functionality, including any emergency features, sensors, mobile applications, or automated alerts, is governed solely by the applicable manufacturer’s terms and instructions.


Users should not rely on device alerts, notifications, reminders, or data for medical, safety, or emergency purposes. Device performance may be affected by system limitations, software issues, connectivity failures, user settings, environmental conditions, or other factors outside of our control.


BeSwell 24 does not monitor users in real time, does not receive or review alerts or event data, and does not provide emergency response, monitoring, or intervention services or any kind. In the event of an emergency, users should contact emergency services immediately.


All device-related features, functionality, and services are governed solely by the applicable third-party manufacturer or provider’s terms, warranties, and privacy practices. Use of any third-party device or technology is at your own risk.


8. WARRANTY DISCLAIMER.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESWELL 24 DOES NOT PROVIDE ANY EXPRESS WARRANTIES WITH RESPECT TO THE EQUIPMENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, INCLUDING ANY DEVICES, HARDWARE, SOFTWARE, OR THIRD-PARTY INTEGRATIONS OR SERVICES. ANY WARRANTIES APPLICABLE TO EQUIPMENT, PRODUCTS OR SERVICES ARE PROVIDED SOLELY BY THE MANUFACTURER OR THIRD-PARTY SERVICE PROVIDER, IF AT ALL.


TO THE EXTENT IMPLIED WARRANTIES MAY APPLY AS A MATTER OF LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUCH WARRANTIES ARE LIMITED IN DURATION AND SCOPE TO THE EXTENT PERMITTED BY LAW AND, WHERE APPLICABLE, TO THE DURATION OF ANY MANUFACTURER OR THIRD-PARTY WARRANTY PROVIDED WITH THE EQUIPMENT, PRODUCT OR SERVICE.


EQUIPMENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE INTENDED TO PROVIDE GENERAL WELLNESS, CONVENIENCE, AND INFORMATIONAL SUPPORT ONLY AND ARE NOT MEDICAL OR CLINICAL SERVICES.


9. DISCLAIMER OF WARRANTIES; AS-IS BASIS AND AS-AVAILABLE BASIS.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL EQUIPMENT, PRODUCTS, SUBSCRIPTION SERVICES, DIGITAL TOOLS, CONTENT, ASSESSMENTS, RECOMMENDATIONS, AND ANY RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


We make no representations or warranties of any kind, express or implied, regarding the operation of the Site or the availability, accuracy, reliability, timeliness, or completeness of any equipment, products, services, devices, content, or features made available through the Site. Without limiting the foregoing, We do not warrant that the Site or any equipment, products or services will be uninterrupted, error-free, secure, or free of defects, or that any defects will be corrected.


10. Limitation of Liability.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BESWELL 24 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS, LOST REVENUE OR PROFITS, LOSS OF GOODWILL, DIMINUTION IN VALUE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THE SITE, ANY EQUIPMENT, PRODUCTS, SUBSCRIPTION SERVICES, DIGITAL TOOLS, CONTENT, ASSESSMENTS, RECOMMENDATIONS, OR ANY SERVICES PROVIDED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


WITHOUT LIMITING THE FOREGOING, BESWELL 24 SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATING TO THE PERFORMANCE, FAILURE, OR MALFUNCTION OF ANY THIRD-PARTY DEVICES, HARDWARE, SOFTWARE, INTEGRATIONS, CONNECTIVITY ISSUES, MISSED ALERTS, DATA INACCURACY, OR THIRD-PARTY SERVICES.


IN ALL CASES, BESWELL 24’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY EQUIPMENT, PRODUCTS OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BESWELL 24 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO LIABILITY FOR PERSONAL INJURY OR DEATH TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


11. Products and Services Not for Resale or Export. Products purchased from the Site may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer any Products in violation of applicable law. You represent and warrant that Products or services purchased from the Site are intended for personal, household, caregiving, or similar non-commercial use, including purchases made on behalf of family members, dependents, or individuals receiving care, and not for unauthorized commercial resale, redistribution, or export, except as expressly approved in writing by us. Nothing in these Terms prohibits us from offering Products or services for resale, institutional use, or commercial partnerships under separate written agreements or programs authorized by us.


12. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from or about you in connection with your access to and use of the Site, and the purchase or use of any Products or Services offered through the Site. Please see our Privacy Policy for more details. (See Privacy Policy.)


13. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall use reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If our performance is materially impacted by a Force Majeure Event for a commercially reasonable period of time, we may suspend or cancel affected orders or services without liability. In the event of any suspension or cancellation of paid orders or subscription services due to a Force Majeure Event, any applicable refunds, credits, or billing adjustments will be governed by our Refund & Return Policy or Subscription Policy, as applicable.


14. Governing Law. These Terms are entered into by BeSwell 24, a Florida corporation, and all matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.


PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.


15. Binding Arbitration. YOU AND BESWELL 24 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. You and BeSwell 24 agree that any claim, dispute, or controversy arising out of or relating in any way to these Terms, the Site, your access to or use of the Site, any products or services, subscriptions, assessments, content, devices, or integrations (whether based in contract, tort, statute, consumer protection law, common law, or equity, and whether arising before, during, or after termination of these Terms) shall be resolved exclusively and finally by binding arbitration. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.


15.1. Arbitration Rules and Authority. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except that any challenge to the enforceability of the class action waiver shall be decided by a court of competent jurisdiction as provided in subsection (d). The Federal Arbitration Act will govern the interpretation and enforcement of this section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) Except as expressly set forth below regarding the Class Action Waiver, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.


15.2. Location and Manner of Arbitration. Arbitration shall be conducted on an individual basis and, to the extent permitted by the AAA Consumer Arbitration Rules, may be conducted by telephone, videoconference, written submissions, or other remote means. If an in-person hearing is required, it shall take place in a mutually agreed location, unless otherwise required by applicable law or the AAA Consumer Arbitration Rules.


15.3. Small Claims Option. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice in accordance with Section 20 of these Terms. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. If a claim is properly brought in small claims court, such claim must be brought in a small claims court located in Broward County, Florida, unless otherwise required by applicable law.


15.4. Limitation on Time to File Claims. To the extent permitted by applicable law, any claim or cause of action arising out of or relating to the sale of Products and Services must be commenced within one (1) year after the cause of action accrues, whether such claim is asserted in arbitration or in small claims court; otherwise, such claim is permanently barred. This limitation applies only to contractual claims and does not apply to claims arising under consumer protection statutes, warranty statutes that prohibit contractual limitation, or other statutory causes of action for which a contractual limitations period may not be shortened.


16. Class Action Waiver. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR BESWELL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, any challenge to the enforceability of this class action waiver shall be decided by a court of competent jurisdiction, and not by an arbitrator.


17. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding the foregoing, we may assign these Terms, in whole or in part, by operation of law or otherwise, without restriction, including in connection with a merger, sale of assets, reorganization, or transfer of the Website or related business. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.


18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BeSwell 24 acting in such capacity.


19. No Third-Party Beneficiaries. These Terms are for the sole benefit of you and BeSwell 24 and do not and are not intended to confer any rights or remedies upon any other person or entity.


20. Notices.


20.1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. Notwithstanding the forgoing, any material changes to these Terms that affect billing, subscription renewal, cancellation rights, or dispute resolution may be communicated to you via the email associated with your account.


20.2. To Us. To give us notice under these Terms, including any notice required to invoke the small-claims option under Section 15.3, you must contact us as follows: (i) by email to info@beswell24.com; or (ii) by personal delivery, overnight courier or registered or certified mail to BESWELL 24, CORP., at 515 E Las Olas Boulevard, Suite 1301-K90, Fort Lauderdale, FL 33301. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices under these Terms do not include routine customer service communications, which may be handled through other channels designated on the Site.


21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.


22. Entire Agreement. These Terms and Conditions for Online Sale of Products and Services, together with our Website Terms of Use, Privacy Policy, Refund and Return Policy, Subscription Policy, Cookie Policy and any order confirmation or additional terms expressly incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Site and the purchase or use of any Products or Services offered through the Site, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

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