Terms of Service

1. Agreement to Terms

By accessing or using the Cosmixxology website, mobile application, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Eligibility

To use our Services, you must:

• Be at least 13 years of age, or have verifiable parental or guardian consent where state law requires it (some state biometric laws require parental consent for any minor)
• Reside in the United States or a US territory and have a US shipping address
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Description of Services

Cosmixxology provides AI-powered hair analysis and personalized hair care services, including:

• Hair Analysis: AI-powered analysis of hair and scalp images to assess condition and provide insights
• Personalized Recommendations: Custom product and treatment recommendations based on your analysis
• Custom Formulations: Ability to create personalized hair care product formulas
• Professional Connections: Connect with hair care professionals for appointments and consultations
• Salon Services: Tools for salon owners and professionals to manage their business

5. Subscription and Payment

5.1 Subscription Plans

Certain features of our Services require a paid subscription. Subscription plans and pricing are displayed on our website and may be updated from time to time.

5.2 Billing

By subscribing, you authorize us to charge your payment method on a recurring basis (monthly or annually, depending on your plan) until you cancel. Payments are processed securely through Stripe.

5.3 Free Trials

We may offer free trials for certain subscription plans. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial periods.

5.5 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds in exceptional circumstances at our sole discretion.

6. User Content

6.1 Your Content

You retain ownership of any content you submit, including photos, feedback, and formulations ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content as necessary to provide the Services.

6.2 Content Guidelines

You agree not to submit content that:

• Violates any law or regulation
• Infringes intellectual property rights
• Contains malware or harmful code
• Is false, misleading, or deceptive
• Is offensive, abusive, or inappropriate
• Violates the privacy of others

6.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

7. Acceptable Use

You agree not to:

• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Reverse engineer or decompile our software
• Scrape or collect data without permission
• Create multiple accounts to circumvent restrictions
• Share your account credentials with others
• Use automated systems to access the Services
• Resell or redistribute our Services without authorization

8. AI Analysis Disclaimer

Our AI-powered hair analysis is designed to provide general insights and recommendations. Please understand that:

• AI analysis is not a substitute for professional medical advice
• Results may vary based on image quality and other factors
• Recommendations are general guidelines, not personalized medical treatment
• You should consult a dermatologist or trichologist for medical conditions
• We do not guarantee specific results from following recommendations

By using our AI analysis services, you acknowledge and accept these limitations.

9. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, software, and algorithms, are the exclusive property of Cosmixxology or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our intellectual property without our prior written consent.

10. Third-Party Services

Our Services may integrate with or contain links to third-party services (e.g., payment processors, AI providers). These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cosmixxology, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and associated data
• You remain liable for any outstanding payments
• Provisions that should survive termination will remain in effect

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict-of-law principles. Subject to the arbitration agreement in Section 15, any disputes that proceed in court shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you and we consent to personal jurisdiction and venue there.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Contact Information

If you have any questions about these Terms, please contact us: