Terms of Service

Last Updated: April 5, 2023

Introduction

Welcome to Hairtech Labs. These Terms of Service (“Terms”) govern your access to and use of the website, products, and services (“Services”) provided by Hairtech Labs (“Company”, “we”, “us”, or “our”). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific portions of the Services. If you do not agree to all of these Terms, you must not access or use the Services.

Eligibility

By using our Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under the age of 18, you may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18, you are fully responsible for the user’s use of the Services and compliance with these Terms.

User Accounts

In order to access certain features of our Services, you may be required to create an account (“Account”). When creating an Account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access or use of your Account. We have the right to suspend or terminate your Account and your access to the Services for any reason, including but not limited to your violation of these Terms. You may not create multiple accounts or share your Account with others. Each user must have a unique Account to access and use our Services.

User Generated Content

By uploading or capturing photos using our Services, you represent and warrant that you own or have obtained all necessary rights, permissions, and licenses to use the photos. You agree not to upload or submit any photos containing nudity, violence, or any other inappropriate or offensive content. You grant Hairtech Labs a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works from your submitted photos solely for the purpose of providing our Services. You acknowledge and agree that you are solely responsible for any content you submit or upload to the platform, and that Hairtech Labs assumes no responsibility or liability for such content. Hairtech Labs reserves the right to remove any user-generated content that violates these Terms, our policies, or any applicable laws, at its sole discretion and without prior notice.

Subscription and Payment Terms

For all Apps and Services provided by Hairtech Labs, subscription plans, payment options, associated fees, and refund or cancellation policies may apply. You agree to comply with the following general terms, as well as any additional terms that may be applicable to specific apps or services:

a) All fees and charges are non-refundable unless expressly stated otherwise.
b) Subscription fees are billed in advance and may be subject to change with prior notice.
c) You are responsible for maintaining accurate and up-to-date payment information.
d) Failure to pay any applicable fees may result in the suspension or termination of your access to the Services.
e) Cancellation or termination of your subscription may not relieve you of any outstanding payment obligations.
f) Cancellations must be made in accordance with the cancellation policy of the specific app or service you are using. Please refer to the relevant documentation for each app or service to ensure you are aware of any unique cancellation conditions.

You are responsible for paying any applicable taxes related to your subscription or use of the Services. Please note that specific terms for each app or service may vary, and you should refer to the relevant documentation for each app or service to ensure you are aware of any unique conditions. Discounts, promotional offers, or trial periods may be available from time to time. The applicability and terms of such offers will be provided at the time of offer, and they may affect the billing and payment terms of your subscription.

Third-Party Services

Hairtech Labs is not responsible for the actions or services of third-party providers, including but not limited to salons, stylists, or barbers, and does not endorse or guarantee their quality of work. Any transactions or interactions with third parties are solely between you and the third party. Hairtech Labs is not liable for any disputes, damages, or issues arising from transactions or interactions with third parties, and any such matters should be addressed directly with the third party involved.

Professional Use

Professionals using our Services agree to use the app in accordance with industry standards, maintain a high level of customer service, and comply with any guidelines or requirements that Hairtech Labs may establish from time to time.

User Conduct

You agree not to engage in abusive or harassing behavior, such as threats, bullying, or offensive language, impersonate any person or entity, attempt to exploit the Services for unauthorized purposes, or infringe on the intellectual property rights of others while using the platform.

Intellectual Property

You are responsible for obtaining any necessary permissions or licenses for the use of copyrighted materials or third-party content when using our Services. Unauthorized use of copyrighted content or other intellectual property may result in civil or criminal penalties.

Intellectual Property Rights

All content, features, and functionality available through our Services, including but not limited to text, graphics, logos, images, and the selection and arrangement thereof (collectively, “Content”), are the exclusive property of Hairtech Labs or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and Content for your personal, non-commercial use, subject to your compliance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content except as expressly permitted by these Terms or with the prior written consent of Hairtech Labs.

Privacy Policy

Our collection, use, and protection of user data, including any facial recognition technology or biometric data processing, are governed by our Privacy Policy, which is a separate document available on our website. By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.

Prohibited Uses

You agree not to use the Services:

a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
d) To impersonate or attempt to impersonate Hairtech Labs, a Hairtech Labs employee, another user, or any other person or entity.
e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Hairtech Labs or users of the Services or expose them to liability.
f) To reverse engineer, decompile, or otherwise attempt to extract the source code or underlying technology of the Services.

Consequences of Breaching the Terms of Service

In the event that you breach any of the provisions set forth in these Terms, Hairtech Labs reserves the right to take appropriate actions, including but not limited to terminating or suspending your access to the Services, pursuing legal action, seeking damages, and/or obtaining injunctive relief as permitted by law.

Termination

Hairtech Labs may suspend or terminate your access to the platform if you violate these Terms, fail to pay any applicable subscription fees, or engage in any other behavior that Hairtech Labs, in its sole discretion, deems harmful to the platform or its users. Upon termination, all rights granted to you under these Terms will immediately cease

Disclaimer of Warranties

The Apps, their AI technology, and the Services are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, or reliability. The Company does not warrant that the Services will be uninterrupted, error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use of or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise. Hairtech Labs does not warrant that the Services or Content will be free from inaccuracies, errors, or omissions. You assume the entire cost of all necessary servicing, repair, or correction.

Limitation of Liability

In no event will Hairtech Labs, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Services, any websites linked to them, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify and hold harmless Hairtech Labs and its directors, officers, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Platform or Services, (ii) any User Content or Feedback you provide, (iii) your breach or violation of these Terms or any applicable law, regulation, or third-party right, (iv) your violation of any rights of any other person or entity, including without limitation any intellectual property rights or privacy rights, and (v) any unauthorized use of your account.

Dispute Resolution and Arbitration

If a dispute arises between you and Hairtech Labs, you agree to first contact Hairtech Labs Customer Support at info@hairtechlabs.com to attempt to resolve the dispute informally. If the dispute is not resolved within 30 days of submission, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration shall be held in San Diego County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or dispute you may have against Hairtech Labs must be resolved by arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration. Unless the arbitrator determines otherwise, each party will bear its own costs and expenses in the arbitration proceedings.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms or the platform shall be subject to mandatory arbitration as outlined in the ‘Dispute Resolution and Arbitration’ section, and any such arbitration shall be held in the County of San Diego, State of California, and you hereby consent and submit to the personal jurisdiction of such arbitration for the purposes of resolving any such action.

Force Majeure

Hairtech Labs shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, strikes, governmental actions, or any other extraordinary event or circumstance beyond the control of Hairtech Labs. In such circumstances, Hairtech Labs shall be entitled to a reasonable extension of time for the performance of its obligations.

Miscellaneous

(a) Entire Agreement. These Terms constitute the entire agreement between you and Hairtech Labs with respect to the use of the Platform and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Hairtech Labs with respect to the Platform or Services.

(b) Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

(c) Waiver. The failure of Hairtech Labs to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

(d) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hairtech Labs without restriction.

(e) Survival. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

(f) Headings. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Hairtech Labs may modify these Terms at any time, with or without notice. Your continued use of the Services constitutes acceptance of the updated Terms. If any modification is not acceptable to you, your sole remedy is to cease using the Services.

Contact Us

If you have any questions about these Terms, please contact us at info@hairtechlabs.com or visit our Contact page on the website.