Terms, Conditions, and Privacy Policy

Effective Date: 05/05/2026

By using this website, you agree to the following Terms, Conditions, and Privacy Policy. Please read them carefully before using this website.

FluidStance® values your privacy. In this Terms, Conditions, and Privacy Policy (“Policy”), we describe how we collect, use, and protect information that you provide to us when you access this website (as well as our other websites (collectively, the “Site”) and the services available through our Site (collectively, the “Services”)), purchase our goods or services, or engage with us on social media. This Policy also describes your own rights to the information we collect.

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy, including its applicable limitations on damages and the resolution of disputes.

Please read this Policy carefully. We will alert you to any changes to this Policy by changing the “Effective Date” at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Policy periodically. You are deemed to have accepted any changes to any revised Policy by your continued use of our website after the revised Policy is posted.

General Provisions

This website is owned and operated by Company of Motion, LLC dba FluidStance®, a California limited liability company. Our principal mailing address is located at 3463 State Street, Santa Barbara, CA 93105, with a physical address of 411 E Montecito Street, Santa Barbara, CA 93101.

You must be at least eighteen (18) years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of FluidStance, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site, along with links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to, communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. If you should see any errors or omissions and would like to let us know, please email us at flow@fluidstance.com.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user's access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Consent

By using our website, you hereby consent to our Terms and Conditions of Use and Privacy Policy. If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at flow@fluidstance.com.

Information That We Collect

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:

•       Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number, or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.

•       Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

•       Financial Data: Financial data is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return, or exchange products or services from our website and any related mobile apps. Most financial data is transferred to our payment processors (Shopify, PayPal), and you should review these processors’ Privacy Policies to determine how they use, disclose, and protect your financial data.

•       Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, and Twitter, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

•       Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

•       Shopping Cart Data: Our website uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via email or SMS, in accordance with applicable law and your consent.

•       Other Data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey.

•       Advertising Association Data: When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

SMS / Text Message Communications

FluidStance offers SMS (text message) communications to customers who have provided express written consent to receive them. By opting in to receive SMS messages from FluidStance, you agree to the following terms:

How We Obtain Your Consent

We collect express written consent to send SMS messages through one or more of the following methods:

•       At checkout: By checking the SMS marketing opt-in box at the Shopify checkout, you agree to receive marketing text messages from FluidStance. This opt-in is voluntary and is not a condition of purchase.

•       Website sign-up forms: By submitting your phone number and checking the opt-in checkbox on our website’s SMS signup form, you agree to receive marketing text messages from us.

•       Other opt-in mechanisms: Any other point of collection where we clearly disclose our SMS messaging program and obtain your explicit agreement to participate.

At each opt-in point, we disclose: the nature of the messages (marketing, transactional, or both), message frequency, that message and data rates may apply, how to opt out, and a link to this Privacy Policy and our Terms of Service.

Types of SMS Messages We Send

Depending on your opt-in, we may send the following types of SMS messages:

•       Marketing messages: Promotions, special offers, new product announcements, and other marketing content.

•       Transactional messages: Order confirmations, shipping updates, and customer service communications.

•       Abandoned cart reminders: Reminders about items left in your shopping cart.

Message Frequency and Rates

Message frequency varies based on your activity and preferences. Standard message and data rates may apply. Contact your wireless carrier for details about your plan.

How to Opt Out of SMS

You may opt out of SMS communications at any time by:

•       Replying STOP to any text message you receive from us. You will receive a confirmation that you have been unsubscribed.

•       Contacting us at flow@fluidstance.com or 805.963.1996 and requesting removal from our SMS list.

After opting out, you will no longer receive marketing SMS messages from FluidStance. You may still receive transactional messages necessary to fulfill outstanding orders.

Help

Reply HELP to any text message for assistance, or contact us at flow@fluidstance.com or 805.963.1996.

Supported Carriers

Carriers are not liable for delayed or undelivered messages. SMS service is available on most major U.S. carriers.

Data Sharing for SMS

Your phone number and SMS consent data will not be sold, transferred, or shared with third parties for their own marketing purposes. This information may be shared with our SMS platform provider(s) solely to facilitate message delivery on our behalf. Text messaging originator opt-in data and consent will not be shared with any third parties for marketing or promotional purposes.

How Do We Use Your Information?

Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to suggest other products and services we think might interest you. Specifically, we use the information we collect for the following purposes:

1.     Create and administer your account.

2.     Deliver any products or services purchased by you.

3.     Correspond with you via email, postal mail, or SMS (where consent has been provided).

4.     Process payments or refunds.

5.     Where permitted and with your consent, send you news, newsletters, special offers, and promotions via email or SMS.

6.     Notify you of updates to our product and service offerings.

7.     Tailor the content and information that we may send or display to you, and personalize your experience on the Site.

8.     Interact with you via social media.

9.     Deliver targeted advertising on third-party platforms.

10.  Request feedback from you.

11.  Resolve disputes and troubleshoot any problems.

12.  Administer contests or giveaways.

13.  Better understand how users access and use our Site and Services, for research and analytical purposes.

14.  Compile anonymous statistical data for our own use or for a third party’s use.

15.  Assist law enforcement as necessary.

16.  Prevent fraudulent activity on our website.

Does FluidStance Share the Information It Collects About You?

We may share the information that we collect about you with third parties in certain situations. In particular, we may share your data with third-party processors as needed to serve our legitimate business interests. The legal basis for our disclosure of your data is both your consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

The following are specific reasons why we may share your information:

•       Service Providers/Agents: We disclose your information to third parties, including service providers, independent contractors, and affiliates that perform functions on our behalf, such as fulfilling orders, sending postal mail and email, analyzing data, providing marketing assistance, and processing credit card payments. These entities are contractually required to protect your personal information.

•       Business Transfers: If we are acquired by or merged with another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

•       To Protect Us and Others: We release account and other information when we believe release is appropriate to comply with the law, a judicial proceeding, court order, or other legal process; to enforce or apply our Terms of Use or other agreements; to protect our rights, safety, or property; or when appropriate to investigate or prevent illegal activities or suspected fraud.

•       Aggregate and De-Identified Information: We may share aggregate or de-identified information about users with third parties for marketing, advertising, research, or similar purposes.

•       Sale or Bankruptcy: In the event that our company is sold, goes out of business, or enters bankruptcy, your information may be an asset that is transferred to a third-party successor.

Please note that we value your privacy and therefore do not sell your personal information to, or otherwise share it with, non-affiliated third parties for their own marketing purposes.

Important: Text messaging originator opt-in data and consent will not be shared with any third parties for marketing or promotional purposes.

What About Third-Party Advertisers?

We use third parties such as network advertisers to assist us in advertising, including displaying our advertisements on other websites and through social media platforms. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements for products and services in which you might be interested.

Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

In the United States, you may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA). For more information, please visit: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

How Do We Use Cookies and Other Tracking Mechanisms?

Like many websites, we make use of log files and cookies. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, and track user movement.

•       Session Cookies: Session cookies exist only during an online session and disappear from your computer when you close your browser or turn off your computer.

•       Persistent Cookies: Persistent cookies remain on your computer after you have closed your browser. We use persistent cookies to track aggregate and statistical information about user activity and to display advertising on our Site and on third-party sites.

•       Shopping Cart & Abandoned Cart Cookies: We use cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via email or SMS, consistent with your consent and applicable law.

Most web browsers automatically accept cookies, but you can edit your browser options to block them in the future. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function properly.

How Do We Use Third-Party Analytics and Tracking?

We use automated devices and applications, such as Google Analytics and Shopify, to evaluate usage of our Site. We use these tools to help us improve our Site, Services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not transfer personal information to these third-party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third-party analytic companies.

Processing Your Information

For the most part, we do not process your information in-house, but give it to third-party processors for processing. For example, when PayPal takes your payment information, they are a third-party processor. We may process your data internally for the following purposes: to administer, maintain, and improve our website and offerings; to enter into contracts with you; to fulfill the terms of those contracts; to keep records of our transactions and interactions; to comply with our legal obligations; and to protect the rights and interests of our company, our customers, and any third parties.

International Data

Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards under applicable data protection law.

Data Retention

We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted. You may request that we delete your data at any time by contacting us at flow@fluidstance.com.

How Secure Is My Personal Information?

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. We will notify you promptly of any known breach of our security systems or your data that might expose you to serious risk.

Can I Access, Update, Correct, or Delete My Personal Information?

You have the right to access and correct the personal information that we hold about you. If you created an account with us, you may access, update, and correct the information that you have submitted to us by logging into your account. If you would like to delete the information that you submitted to us, please contact us at flow@fluidstance.com. As permitted by applicable law, we may retain changed or deleted information for archival purposes.

What Choices Do I Have Regarding Use of My Personal Information?

To opt-out of marketing emails, you may update your preferences by logging into your account or by following the opt-out instructions contained in any email. Please note that it may take up to 10 business days for us to process opt-out requests.

To opt-out of SMS messages, reply STOP to any text message from us, or contact us at flow@fluidstance.com or 805.963.1996. See the SMS section above for full details.

If you opt-out of receiving marketing emails or SMS messages, we may still send you messages about your account or any Services you have requested or received from us.

Your Rights

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data, and we reserve the right to request that you provide evidence of your identity before we take any action.

•       Update Account Information: You have the right to update or change any information you have provided to us by contacting us at flow@fluidstance.com.

•       Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes.

•       Change Consent: You have the right to change your consent to our use of your information, including SMS consent, at any time.

•       Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you.

•       Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine-readable format.

•       Delete All Data: You have the right to request that we delete all data that we hold about you, subject to applicable legal exceptions.

•       Opt Out of Email/SMS: You may opt out of receiving marketing email or SMS correspondence at any time, as described in the sections above.

•       Restrict Processing: You may, in some circumstances, restrict the processing of your data.

•       Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

California Privacy Rights

The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third-party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please contact us at flow@fluidstance.com.

If you are a California resident under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below.

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents also have the right to opt out of the sale or sharing of their personal information. To exercise this right, please visit our “Your Privacy Choices” page at fluidstance.com/pages/data-sharing-opt-out.

What About Children?

Our Site and Services are not designed for persons under 18. We do not knowingly collect personal information from children under the age of 13 (or 16 where applicable). If we learn that we have collected personal information from a child under the applicable age, we will delete that information as quickly as possible.

Will You Transfer My Information Outside of My Home Country?

We will collect, use, and process certain information, including name, email address, mailing address, and credit card information, to provide our services to you. We may transfer this information outside to other countries in which FluidStance has an office, including to the United States. Your data also may be subject to access by law enforcement and other government entities in accordance with the laws applicable in those jurisdictions.

How Do I Get In Touch With FluidStance?

If you have questions about the privacy aspects of our Services, would like to exercise any of your rights described in this Policy, or would like to make a complaint, please contact us:

•       Email: flow@fluidstance.com

•       Phone: 805.963.1996

•       Mailing Address: 3463 State Street, Santa Barbara, CA 93105

•       Physical Address: 411 E Montecito Street, Santa Barbara, CA 93101

Changes to This Policy

This Policy is current as of the Effective Date set forth above (05/08/2025). We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or by contacting you at the email address on file.

Severability

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of California, United States of America.

Contact Information

Email: flow@fluidstance.com

Phone: 805.963.1996

Address:

3463 State Street, Santa Barbara, CA 93105 (mailing) 

411 E Montecito Street, Santa Barbara, CA 93101 (physical)