Terms of Use

Last updated
July 2026
Provider
Maysun AG
Registered office
Hinterbergstrasse 17, 6330 Cham, Switzerland
Contact
support@maysungaming.com

These General Terms and Conditions ("Terms") apply to your access to and use of the websites, mobile apps, and other online products and services (collectively, the "Services") provided by Maysun AG, Hinterbergstrasse 17, 6330 Cham, Switzerland ("Maysun," "we," "us," or "our"), as well as to any purchase of products (including energy drinks) through our online shop (the "Shop").

Please read these Terms carefully. They contain important information regarding your legal rights, terms of sale, shipping, customs, refund policies, and medical disclaimers.

By accessing or using our Services, or by placing an order through our Shop, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services or purchase products.

Part A

Use of Digital Services & Website

01

Medical Disclaimer and Emergency Warning

CRITICAL INFORMATION. Please read this section carefully before relying on any information provided through our Services or consuming our products.

No Medical Advice

Maysun's website and Services serve primarily as an informational and orientation aid. The Maysun website and Services are no substitute for a personal consultation, diagnosis, or treatment by a qualified physician. Do not disregard professional medical advice or delay seeking it because of information found in Maysun's Services. No independent diagnoses should be made, and no medication or dietary changes should be made solely based on Maysun's suggestions. Use of Maysun's Services and reliance on any information provided is solely at your own risk.

Caffeine and Energy Drink Warning

Some products sold in our Shop (specifically performance drinks & shots) contain high amounts of caffeine. They are not recommended for children under 16, pregnant or breastfeeding women, or individuals sensitive to caffeine. You are strictly advised not to exceed the recommended daily intake indicated on the product label and not to consume our products in combination with alcohol, drugs, medications, or other stimulants. Customers are solely responsible for reviewing the ingredients, allergens, and nutritional profiles of our products on the label before consumption.

In Case of Emergency

In life-threatening situations or medical emergencies, contact emergency services or a doctor immediately. Maysun's Services cannot detect emergencies and must not be relied upon in critical situations.

02

Privacy

Your privacy is important to us. Maysun's Privacy Policy explains how and why we collect, use, and process your personal data when you access or use our Services. The Privacy Policy is for informational purposes only and does not form part of these Terms.

03

Intellectual Property Rights and License

Maysun's Rights

The information, materials, visual interfaces, graphics, design, computer code, products, and brand names presented on or through the Services are and shall remain the exclusive property of Maysun, its licensors, and suppliers. These are protected by copyright, trademark, patent, and other proprietary rights and laws.

Your License to Use

Subject to your compliance with these Terms, Maysun grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial purposes.

Restrictions

Except as expressly authorized by Maysun in writing, you shall not, and shall not permit anyone to:

  • Copy, reproduce, modify, adapt, create derivative works of, reverse engineer, decompile, or disassemble the Services or their content;
  • Access or use the Services to provide services to third parties;
  • Access the Services to build a similar or competitive product;
  • License, sell, rent, lease, transfer, assign, distribute, host, outsource, or otherwise commercially exploit the Services; or
  • Scrape, mine, or copy data from the Services without Maysun's prior written consent.
04

Your Content

The Services may allow you to submit information, text, chat inputs, links, graphics, or other materials ("Your Content"). You confirm you possess the necessary rights to any content you upload.

License Grant to Maysun

By uploading data (e.g., chat inputs) or submitting Your Content, you grant Maysun a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable right to use, reproduce, distribute, display, and create derivative works from that information to the maximum extent permitted by applicable laws. This includes the right to use Your Content to improve our Services and to optimize user experience. You retain ownership rights in Your Content, but you acknowledge that Maysun may use such content as described above without compensation to you.

05

User Conduct

You agree to comply with all applicable laws and regulations. You may not use the Services for any unlawful, obscene, offensive, or fraudulent activity.

Prohibited Actions

Harmful Activity
Advocating or causing harm, interfering with the integrity or security of a network or system, or sending viruses or harmful code.
Interference
Attempting to evade filters, sending unsolicited abusive messages, or overburdening the Services.
Unauthorized Access
Gaining access to another user's account or non-public portions of the Services.
IP Violation
Using the Services to infringe any person's or entity's intellectual property rights.
Maysun reserves the right to delete content or terminate accounts that violate these Terms.
06

Third-Party Websites and Links

Maysun may provide links to other websites and applications (such as social media sites).

No Responsibility
Maysun does not review the privacy practices or content of third-party websites and assumes no responsibility for them.
Risk
Your browsing and interaction on other sites are subject to the terms and privacy policies of those third parties.
Recommendation
Maysun strongly encourages you to carefully read the terms of use and privacy policies of external websites before submitting personal information.

Part B

E-Commerce Terms — Shop & Sales of Physical Goods

07

General Scope

These terms in Part B apply to all orders placed through the Shop on maysun.gg. These terms apply to both consumers (individual natural persons purchasing goods for non-commercial, private purposes; "B2C") and business customers (commercial entities, companies, or sole proprietors; "B2B"). Where provisions differ, B2C and B2B are addressed separately.

08

Age Restriction

By placing an order for energy drinks or any age-restricted products, you explicitly confirm that you are at least 16 years of age or of the legal minimum age required for the purchase of such products under the laws of your country of residence. Maysun reserves the right to use age verification methods during checkout or delivery and to cancel any orders immediately if we suspect that the purchaser does not meet this minimum age requirement.

09

Contract Formation

9.1

The presentation of products in our online Shop does not constitute a legally binding offer. It is an invitation to treat (invitatio ad offerendum).

9.2

By clicking the checkout/order confirmation button (e.g., "Buy Now", "Order and Pay"), you submit a binding offer to purchase the products in your shopping cart.

9.3

A binding contract is only formed when we accept your order. We accept your order by sending you an order confirmation email or by handing the products over to the logistics provider for delivery. An automated notification confirming receipt of your order request does not constitute acceptance of your offer. We reserve the absolute right to decline, adjust, or cancel any order without stating reasons prior to our official acceptance.

10

Subscriptions and Auto-Delivery (Subscribe & Save)

10.1

Maysun offers an auto-delivery subscription model for selected products ("Subscription"). By choosing a Subscription, you select a delivery interval of four (4), eight (8), or twelve (12) weeks (the "Delivery Schedule") and receive a discount of fifteen percent (15%) on the standard retail price of the selected products, as displayed in the Shop at the time of each renewal order.

10.2

By purchasing a Subscription, you authorize Maysun (and our third-party payment processors) to automatically charge your selected payment method for the recurring subscription fee (inclusive of applicable taxes and shipping fees) on a recurring basis, corresponding to your selected Delivery Schedule. Charges will be processed prior to the dispatch of each scheduled delivery.

10.3

The 15% discount is applied to the then-current retail price of the product on the date the recurring order is processed. Maysun reserves the right to adjust the standard retail prices of products. We will notify you of any price changes affecting your Subscription at least fourteen (14) days before your next scheduled billing date.

Flexible Management
You have the right to skip a delivery, pause your Subscription, or cancel your Subscription at any time.
Cut-off Time
To prevent being billed for your next scheduled delivery, any skip, pause, or cancellation request must be submitted through your customer account settings or via our customer support at least forty-eight (48) hours prior to the next scheduled billing/dispatch date. Requests received after this cut-off time will apply only to subsequent delivery cycles.
EU Cancellation Button
Where mandatory under applicable local consumer laws, you can terminate your subscription at any time using the easily accessible electronic cancellation button ("Kündigungsbutton" / "Cancel Contracts Here") provided on our website. No login or password is required to access the cancellation process via this button.
10.4

For EU/EEA consumers, the statutory 14-day right of withdrawal (as detailed in Section 14) applies to the Subscription contract and begins upon receipt of the first physical delivery of the Subscription cycle.

11

Prices, Shipping Costs, and Taxes / Customs

11.1

All prices listed in the Shop are in local currencies (as applicable based on geographic selection) and, for B2C sales, are inclusive of value-added tax (VAT) applicable in the delivery country, unless otherwise indicated. For B2B sales, prices may be listed exclusive of VAT, which will be added at checkout.

11.2

Shipping and packaging costs are calculated and shown separately to the customer before the binding order is submitted.

11.3

Deliveries to Switzerland: Deliveries within Switzerland are subject to Swiss VAT and are cleared locally. No additional customs duties apply.

11.4

Deliveries to the European Union (EU): Unless otherwise explicitly stated during checkout, Maysun will deliver goods to the EU on a "Delivered Duty Paid" (DDP) basis. This means Maysun will act as the importer of record, clear the goods through customs, and handle the import VAT/customs duties on behalf of the customer. The price shown at checkout is final and inclusive of all applicable EU import taxes.

For B2C (consumer) deliveries, Maysun will always deliver on a DDP basis to ensure compliance with EU consumer transparency laws. For B2B sales, Maysun reserves the right to deliver under DAP (Delivered at Place) terms, in which case the business customer is solely responsible for all import VAT and customs clearance, local registration requirements, and duties at delivery. If any customs duties or VAT are erroneously billed to Maysun on a B2B DAP shipment, the business customer shall immediately reimburse Maysun in full upon demand.

12

Delivery and Passing of Risk

12.1

Deliveries will be made to the shipping address specified by the customer during the ordering process.

12.2

Delivery times indicated on the website are estimates only and are non-binding. We are not liable for delivery delays caused by shipping providers or customs procedures.

12.3

For Consumers (B2C): The risk of loss, damage, or destruction of the goods passes to the consumer once the goods are delivered to the consumer or the delivery address specified.

12.4

For Businesses (B2B): The risk of loss, damage, or destruction passes to the business customer as soon as the goods have been handed over to the carrier or shipping service provider (EXW / FOB equivalent). Maysun shall bear no risk or liability for shipping delays, packages damaged in transit, or packages stolen post-dispatch.

13

Terms of Payment and Reservation of Title

13.1

Payments must be made using the payment methods offered in the Shop checkout process (e.g., Credit Card, PayPal, Klarna, Apple Pay).

13.2

All products delivered remain the sole property of Maysun until full payment has been received. In the case of B2B customers, Maysun is entitled, where legally possible and recognized under applicable local law, to register a corresponding reservation of title (Eigentumsvorbehaltsregister) in the public register at the buyer's expense.

14

Warranty (Guarantee) and Defective Products

14.1

Customer Inspection Duty: The customer must inspect the delivered package immediately upon receipt. Any obvious defects or damages (e.g., transport damage, burst cans, incorrect delivery, or missing quantities) must be reported in writing (including photographic evidence) to our customer service (support@maysungaming.com) within 5 business days of delivery. Failure to do so constitutes acceptance of the products as delivered.

14.2

B2C Warranty.

For Swiss Consumers: If a product is genuinely defective (e.g., contamination, faulty packaging prior to shipping), Swiss consumers are entitled to statutory warranty rights. Maysun will, at its sole discretion, either (i) replace the defective product, or (ii) refund the purchase price.

For EU/EEA Consumers: In the event of a product defect, consumers residing in the EU/EEA have statutory warranty rights in accordance with Directive (EU) 2019/771. This includes the primary right to choose replacement or repair, unless impossible or disproportionate, or secondarily, a price reduction or refund.

14.3

B2B Warranty: For business purchases (B2B), statutory warranty rights under Swiss and foreign law are excluded to the maximum extent permitted by law. In case of verified defects reported immediately in writing, Maysun's sole liability is limited, at its discretion, to the replacement of the defective product batch or a credit note.

Part C

Liability, Governing Law & General Clauses

15

Disclaimer of Warranties

16

Limitation of Liability and Indemnity

16.1

Limitation of Liability (General). To the fullest extent permitted by applicable law, Maysun's liability for slight negligence (leichte Fahrlässigkeit) and its liability for auxiliary persons (Hilfspersonen pursuant to Art. 101 of the Swiss Code of Obligations) is fully excluded. Maysun shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Notwithstanding anything to the contrary in these Terms, nothing in these Terms excludes or limits Maysun's liability for (i) unlawful intent or gross negligence, (ii) death or personal injury caused by its fault, (iii) claims under the Swiss Product Liability Act (PrHG) or, for consumers residing in the EU/EEA, under the national laws implementing Directive 85/374/EEC, or (iv) any other liability which cannot be excluded or limited under applicable mandatory law.

For consumers residing in the EU/EEA, the exclusions and limitations in this Section apply only to the extent permitted by the mandatory law of your country of residence; where that law so requires, liability for the slightly negligent breach of essential contractual obligations remains, limited to the foreseeable damage typical for this type of contract.

16.2

For Physical Products sold via the Shop. Subject to mandatory provisions of the Swiss Product Liability Act (Produkthaftpflichtgesetz, PrHG) and equivalent foreign consumer laws (which govern liability for personal injury and damage to private property), Maysun's liability for damages resulting from defective physical products is limited to the value of the ordered goods, except in cases of gross negligence (grobe Fahrlässigkeit) or willful intent (Absicht).

We do not assume any liability for damage or health issues caused by the improper consumption, excessive consumption (caffeine overdose), consumption by sensitive groups (including minors, pregnant/breastfeeding individuals, or those with underlying cardiovascular or neurological conditions), or improper storage of the products (such as storing opened cans under unhygienic conditions).

16.3

Indemnity. You agree to defend, indemnify, and hold Maysun and its affiliates harmless from and against any claim, liability, damage, loss, and expense (including reasonable attorneys' fees) arising out of or in connection with: (a) your unlawful use of the Services; (b) your violation of these Terms; or (c) Your Content.

17

Modifications and Termination

Changes to Terms

Maysun reserves the right to update, change, or replace any part of these Terms at any time. We will provide appropriate notice for material changes. Your continued use of the Services after such changes take effect constitutes acceptance of the new Terms.

Termination

You may terminate these Terms at any time by deleting your account and discontinuing use of the Services. Maysun may suspend or terminate your access at any time for any reason, including for violating these Terms.

18

General

Entire Agreement
These Terms constitute the entire agreement between you and Maysun regarding your use of the Services and purchases through the Shop.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19

Governing Law and Jurisdiction

19.1

These Terms and any contracts formed hereunder shall be governed exclusively by the substantive laws of Switzerland, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

19.2

For B2B Transactions and General Disputes: The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms, our Services, or our Shop shall be the competent courts in the Canton of Zug, Switzerland (place of jurisdiction being Zug).

19.3

For Consumers (B2C): If you are a consumer residing in Switzerland or the EU/EEA, mandatory consumer protection laws of your country of residence remain unaffected. You may bring claims before the competent courts of your place of residence, and the mandatory consumer protection regulations of your country of residence shall apply.