CYMBIOTIKA
ARISE™ LOYALTY PROGRAM
TERMS AND CONDITIONS
GRAND RISING! WELCOME TO ARISE™.
PLEASE READ THESE TERMS AND CONDITIONS OF CYMBIOTIKA’S LOYALTY PROGRAM CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE PROGRAM. BY
MAINTAINING AN ACTIVE SUBSCRIPTION WITH US AND PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE
BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
SECTION 9 BELOW CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR
RIGHTS UNDER THIS PROGRAM. PLEASE READ THEM.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM. (SEE SECTION
6.3 OF THESE PROGRAM TERMS.)
1. Overview and Membership.
1.1 Arise™, Cymbiotika’s loyalty program (“Cymbiotika” or the “Program”) is offered and maintained
at the sole discretion of Cymbiotika LLC (“Cymbiotika,” “we,” “our” or “us”) for each individual
(“you,” “your,” or “Member”) with an active subscription (“Active Subscriber” or “Active
Subscription”) with one or more Cymbiotika products (“Products”) from www.cymbiotika.com (the
“Site”) or other Cymbiotika-maintained or owned website.
1.2 As used herein, “Cymbiotika” means Cymbiotika, LLC, and all applicable affiliates, successors or
assignees. These Program Terms apply to all aspects of your use of the Program, including, but not
limited to: (a) Program eligibility and membership, discounts, rewards, monthly perks, and other
benefits; ; and (b) Program-related experiences (“Program Experiences”)[collectively referred to
herein as “Program Rewards”). Program Terms also apply to any purchase made using your Active
Subscription (“Your Subscription”), all other benefits provided by this Program, and all disputes
between you and Cymbiotika concerning this Program.
1.3 The Program is a way to thank and reward the loyalty and fandom of our Active Subscribers, who
are automatically enrolled. No account with Cymbiotika (“Account”) is necessary, although we
encourage you and all Active Subscribers to open and regularly access an Account. You can do
so by visiting https://cymbiotika.com/account/login.
1.4 Membership in the Program is for your personal use only and is limited to one account per
individual. Individuals must be of the age of 18 years or older and who provide and maintain a
valid email address. Employees of Cymbiotika and individuals employed by our business partners
or vendors are eligible for membership for personal use only but may be excluded from certain
benefits of the Program.
1.5 By having an Active Subscription and participating in the Program, you agree that you have read,
understood and agree to be bound by these Program Terms and by any changes or modifications
we may make. You should review these Program Terms and the related policies and FAQs
frequently to understand the terms and conditions that apply to the Program as they may change
from time to time. These Program Terms do not alter in any way the terms or conditions of any
other agreement you may have with us, including any agreement for products or services. As an
Active Subscriber and Member of the Program, you also agree to be bound by our Privacy
Policy and our website Terms of Service, which are incorporated herein by reference. If you do not
agree to these Program Terms, our Privacy Policy, and our website Terms of Service, you cannot
participate in the Program. The Program is void where prohibited by law.
1.6 You are solely responsible for maintaining the accuracy of your Active Subscription and/or
Account information and for updating it as required. You may update your personal information
on the Site.
1.7 Only one Program membership may be associated with a single Active Subscription. In the event
of a dispute over ownership of the Program membership, the member will be deemed to be the
authorized Active Subscription holder of the email address associated with the Active Subscription.
For purposes of these Terms, the "Active Subscriber" is the natural person who is assigned to the
submitted contact information (e.g., email address by an internet provider, online service provider,
or other organization that is responsible for assigning email addresses for the domain associated
with the submitted email address).
1.8 Any Active Subscriber that chooses to “Opt Out” or otherwise not to participate in the Program
without canceling its Active Subscription may do so by sending an email to
ariserewards@cymbiotika.com requesting to Opt Out. Active Subscriptions will not be canceled
unless do so pursuant to our Terms of Service.
2. How the Program Works and Program Benefits.
2.1. Arise is a tier-based program determined by the period of time of an Active Subscription. There
are 4 tiers (each a “Tier”) with associated benefits:
▪ Tier 1: Member – Active Subscription of 1-2 consecutive months;
▪ Tier 2: Insider – Active Subscription of 3 consecutive months;
▪ Tier 3: Elite – Active Subscription of 4-5 consecutive months; and
▪ Tier 4: VIP – Active Subscription of 6 or more consecutive months.
For the purposes of this Program:
▪ A “month” is considered a 30-day period from the date of your first purchase as an Active
Subscriber through Your Subscription.
▪ Your “Anniversary Date” is considered the first date of your Active Subscription or Reactivated
Subscription, whichever is most recent.
▪ Your “Birthday” is the date that you provided to us as the date of your birth.
2.2. Each Active Subscriber as of January 16, 2023, will be automatically placed in one Tier depending
on the period of time of that Active Subscription. For example, if an Active Subscriber has had an
Active Subscription of 4 consecutive months, that Active Subscriber is automatically enrolled as an
“Elite” member and will automatically enjoy the Rewards of that Tier until that member ascends to
the VIP Tier or is no longer a member of the Program under these Program Terms and our Terms of
Service.
2.3. New Active Subscribers (i.e., those that have begin an Active Subscription after January 16, 2023)
will automatically be placed in Tier 1 and be eligible for all the benefits Tier 1 Members receive.
Each Tier 1 Member will automatically move up and become a Tier 2 Insider if you maintain an
Active Subscription for at least 3 months.
2.4. If you cancel your Active Subscription you will automatically cancel your membership in the
Program, lose your current Tier status, and forfeit any and all Rewards, except as otherwise
provided herein or otherwise in writing by us, or as further provided herein or by the terms and
conditions of any third-party.
2.5. As provided in your customer portal or account, you may choose to modify or change your
Active Subscription, e.g., by skipping Product in an forthcoming order, change the order date
(i.e., delaying the order date by up to 120 days) .You may choose to change the Subscription
through your Account by pushing back the date of purchase for your next subscription cycle (i.e.
up to 120 days) or by contacting Customer Service at ariserewards@cymbiotika.com.
2.6. If you change the Subscription, you will not cancel your membership in the Program, and will
maintain your current Tier status as well as your Rewards. For example, if you are a VIP, and you
choose not to order Products for a month, you maintain your VIP status, provided that you order
Product(s) as an Active Subscriber within 3 months (i.e., a 90-day period) from the date of your
most recent Product order as an Active Subscriber.
2.7. If you reactivate your subscription after canceling (“Reactivate Subscription”), you will
automatically be enrolled in the Program as a Tier 1 Member, even if your prior status was a Tier 4
VIP, unless as may be otherwise provided in writing by us, e.g., the terms and conditions of a
special promotion.
3. Program Rewards and Experiences.
3.1. As a member of the Program, you automatically are enrolled in one of the Tiers, the status of
which determines your Rewards. The current Rewards offered in each Tier are available for
viewing at the Arise homepage here.
3.2. Rewards and Tier status may never be exchanged for cash. You will find your Tier status and
eligible Rewards in your Subscription Account. You may also receive email invitations and other
notifications when Rewards are available, provided that you have not opted-out of receiving
Program emails and communications.
3.3. Rewards of each Tier are based on the Tier achieved, and you are eligible for those Rewards while
you are in that Tier. Eligible discounts of each Tier (“Discounts”), monthly giveaway entries, and
free shipping benefits (i.e., Insiders, Elite and VIP Tiers) are automatically applied by us to Your
Subscription. Other Rewards, e.g., Birthday gifts, Anniversary gift cards, will be communicated to
you through Your Subscription or contact information that we have for you. It is your responsibility
to make sure that Your Subscription information (including your email) is current and accurate.
Again, we encourage you and all Active Subscribers to open and maintain an Account.
3.4. Rewards that are not automatically applied to Your Subscription, as well as any Program
Experiences, can only be redeemed through our Site or as otherwise directed by us in writing (for
which email may suffice).
3.5. Birthday gifts must be redeemed within 30 days from your Birthday, unless otherwise specified in
writing by us. For example, if your Birthday is June 1, you must redeem your Birthday gift by June
30, otherwise the offer shall expire. There is a limit of one Birthday gift per member per year and
Birthday gifts cannot be transferred, delayed, exchanged or returned.
3.6. Rewards and other offers may be available while supplies last and substitutions made by us in our
sole discretion may occur. In the event an Reward or other Program benefit arrives damaged,
you received the wrong one, or one is missing from your order, please contact Customer Service.
3.7. Neither Active Subscriptions nor Rewards, Program Experiences, nor other benefits may be shared
or combined, nor sold to any third-party or other Active Subscriber. Rewards (including , Program
Experiences) have no cash value, are non-transferable, and you have no property rights in or to
rewards or other Program benefits, which are subject to the Program Terms herein as well as
third-party terms and conditions.
3.8. The sale, barter, transfer, or assignment of any Rewards or benefits offered through the Program,
other than by us, is expressly prohibited. Rewards cannot be exchanged or returned for another
Product or a monetary refund. The Products and services available through the Program and any
samples that we may provide to you are for personal use only. You may not sell or resell any of the
Products, services, or samples you purchase or otherwise receive from us. We reserve the right,
without notice, to cancel or reduce the quantity of any order to be filled and/or any products or
services to be provided to you that we believe, in our sole discretion, may result in the violation of
these Program Terms or our Terms of Use, or any applicable law. We are not responsible for
Rewards or other benefits lost or redeemed due to fraudulent activity.
3.9. We reserve the right to change Program benefits, how you qualify for each Tier, and how we
evaluate and reward your eligible Active Subscription and/or other Program activity.
3.10. If you have concerns that your Product purchase or Your Subscription activity was not properly
applied to Your Subscription or your Account, you should contact our Customer Service via email
at ariserewards@cymbiotika.com. Your email must specify your name and email address
associated with the Program, the date of the Program activity, and the issue(s) you encountered.
This email must be sent no more than forty-five (45) days after the date the purchase or other
Program activity took place. We are not responsible for late notifications about purchases or
other Program activities not being credited to an account.
3.11. Rewards can only be redeemed on the Site, unless otherwise noted by Cymbiotika.
4. [Reserved for Future Use.]
5. Program Communications.
5.1. As an Active Subscriber or member of the Program, you will be automatically subscribed to
receive and consent to receiving Cymbiotika marketing emails and Program related emails.
5.2. You may opt-out of receiving Cymbiotika marketing emails at any time by following the
instructions provided in the email or as otherwise provided in the Cymbiotika. Privacy Policy, but
operational emails will still be sent to you as they relate to your membership in the Program.
Examples of these include, but are not limited to, a redemption confirmation email, a new
Rewards acquisition email, a profile update email, or other communications that relate to Your
Subscription. If you terminate or otherwise cancel your Program membership, you may no longer
receive Program-related communications.
6. Termination and Modification.
6.1. The Program, Rewards, and its benefits are offered at our sole discretion. We may, in our
discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the
Program or any aspect or feature of the Program at any time without prior notice, even though
such changes may affect the value of rewards or benefits already accumulated or earned
and/or the ability to redeem accumulated Rewards or benefits.
6.2. We reserve the right to exclude you from or to discontinue your participation in the Program and
to audit your membership account at any time, in our sole discretion. Any suspected abuse of the
Program, failure to follow any Program Terms, Your Subscription inactivity (i.e. no Product
purchases made through an Active Subscription) for more than 24 months, illegal activity, fraud,
misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to
us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized
use of any Program Rewards may result in the revocation of your membership and make you
ineligible for further participation in the Program. If your membership is revoked, your Rewards will
automatically expire and your access to the Program and features will automatically terminate. If
we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also
have the right to take appropriate legal action, in our sole discretion.
6.3. If you wish to not participate in the Program, please contact our Arise Customer Service at [phone
number] or send an email to ariserewards@cymbiotika.com stating that you wish to Opt Out of
the Program (e.g., “I wish to Opt Out of the Arise loyalty program.”)
7. Disclaimer of Warranties; Limitation of Liability.
7.1. NEITHER CYMBIOTIKA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS
ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE
EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7.2. YOU AGREE THAT NEITHER CYMBIOTIKA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING
NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT
INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR
USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING
DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN
PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO
REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
7.3. FURTHER NEITHER CYMBIOTIKA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR
PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING
NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO
EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED
DOLLARS ($100.00).
7.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING
NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF
ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1)
YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE
DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR
SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
8. Indemnification. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates,
partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting
from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
9. Governing Law, Disputes, and Binding Arbitration.
9.1. This Program and these Program Terms will be governed by and construed under the substantive
laws of the State of California, as if they were a contract wholly entered into and wholly
performed within California and without reference to conflict-of-laws considerations.
9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM
MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL
ARBITRATION IN SAN DIEGO, CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE
JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL
DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE
OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND
APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
9.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you
individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right
or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class
action procedures; and (iii) there is no right or authority for any dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons. YOU
AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9.4. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as
to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the
foregoing, to the extent you have in any manner violated or threatened to violate our intellectual
property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise
have a cause of action in equity, we may seek injunctive or other appropriate relief in any court
of competent jurisdiction and you consent to jurisdiction and venue in any such court for such
purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related
Disputes Supplementary Rules then prevailing with the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
10. Privacy. The personal information collected from you in connection with the Program, including but
not limited to purchases made in connection with your Program membership, will be used and
disclosed by us in accordance with our Privacy Policy.
11. Intellectual Property.
11.1. All title and intellectual property rights in and to any content that is accessed, viewed, streamed,
downloaded, or otherwise available or accessible from our Site (“Content”) remains the sole and
exclusive property of Cymbiotika or its licensor, and use of such content is subject to the
restrictions imposed by these Program Terms as well as applicable copyright and other intellectual
property laws and treaties.
11.2. Content may not be used in a manner that exceeds the specific rights granted and individuals
are strictly prohibited from copying, modifying, selling, re-licensing or distributing Content. You
agree that you will not circumvent, or attempt to circumvent, any technology or methods used by
Cymbiotika or its licensors to prevent the unauthorized reproduction or distribution of Content
accessible via the Program.
12. Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes
arising out of the accrual or use of Arise Rewards. Consult your tax advisor concerning any tax
consequences that may arise from your Participation in the Program.
13. Severability. If an arbitrator, or a court of competent jurisdiction or any government agency,
determines that any provision of these Program Terms is void or unenforceable, that provision will
continue to be enforceable to the extent permitted by that arbitrator, court or agency, and the
remainder of that provision will no longer be considered as part of these Program Terms. However, all
other provisions will remain in full force and effect.
14. Prior Terms. These Program Terms supersede all previously published Program Terms in their entirety as
of the date noted below, and shall apply to any pending or future Dispute between You and
Cymbiotika to the fullest extent permitted by applicable law.
15. Contact Us. For information about the Program and your membership, contact Customer Service at
[insert] within the U.S. or via email at ariserewards@cymbiotika.com. You will be required to confirm
your full name and email address in order to validate your account. We are not responsible for requests
or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to
helpful frequently answered questions in our FAQs.
FOR THE AVOIDANCE OF ANY DOUBT, CYMBIOTIKA MAY, AT ANY TIME, CHANGE ANY AND ALL ASPECTS OF
THE PROGRAM AND PROGRAM TERMS (INCLUDING BUT NOT LIMITED TO REWARDS, DISCOUNTS, PROGRAM
AND EXPERIENCES) OR OTHERWISE TERMINATE THE PROGRAM ALTOGETHER IN ITS SOLE DISCRETION.