1. Introduction

1.1 Purpose of These Terms

These Terms of Service ("Terms", "Agreement") govern your access to and use of the hair care digital platform, including our website, mobile applications, and related features and tools (collectively, the "Service"). These Terms form a legally binding agreement between you ("User", "you") and Hair Explained INC, a company incorporated in the State of California, USA, ("Company", "we", "us", or "our"). You and the Company are referred to herein individually as a "Party" and collectively as the "Parties".

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Definitions

For the purpose of these Terms:

• "Service" means our digital hair-analysis platform, proprietary, science-based Hair-Care Recommendation System, hair-care products analysis, subscription features, learning materials, and all connected functionalities. The Recommendation System is AI-assisted, subject to your separate explicit in-app consent.
• "Subscription" means a paid recurring plan that grants you ongoing access to the Service for a defined period (e.g., 1, 3, or 12 months), with automatic renewals unless cancelled.
• "User Inputs" means images, photographs, barcodes, data, text, questionnaire responses, or any other materials uploaded by you.
• "AI Providers" means Google (Gemini API) and OpenAI (OpenAI API), which process data as part of the workflow used to generate recommendations through the Service. Your personal data is sent to an AI Provider only after the separate explicit in-app consent described in Section 11.2 and the Privacy Policy. This consent requirement does not apply to formula (composition) analysis that uses only product catalogue data and no user personal data. Depending on the requested operation and technical availability, personal data may be processed by Google, OpenAI, or, where fallback processing is required, both providers.
• "Account" means the User profile created to access the Service.
• "Onboarding" means the initial activation of the Service functions by the User, which includes, but is not limited to, the uploading of hair photographs, the submission of questionnaire responses, and requesting the personal recommendations. Completion of these actions constitutes the User's express request for immediate performance of the Service.

These definitions apply whether the words appear in the singular or plural.

1.3 Acceptance of the Terms

By accessing or using the Service, creating an Account, purchasing a Subscription, or submitting any content (User Inputs), you:

• Accept these Terms,
• Accept our Privacy Policy,
• Represent and warrant that you meet the Eligibility requirements described in Section 2 below.

If you do not agree to these Terms, you must not access or use the Service.

The Company may update these Terms from time to time. If updates materially change your rights or obligations, we will provide notice as required by applicable law. Continued use of the Service after such updates constitutes acceptance of the revised Terms.

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2. Eligibility

2.1 Age Requirement

You may use the Service only if you are at least 18 years old and legally capable of entering into binding contracts under applicable law. We do not knowingly collect personal data from persons under 18. You are prohibited from permitting any minor to access or use your Account.

2.2 Prohibited Persons

You may not use the Service if you:

• are located in, under the control of, or a national or resident of any country or region subject to U.S. economic sanctions or trade embargoes;
• are listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List (SDN List) or any similar U.S. government list of prohibited or restricted parties;
• have been previously suspended or terminated from the Service for breach of this Agreement.

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3. The Service

3.1 Scope of Service

The Service uses your submitted data including hair photos and questionnaire responses (collectively, "User Inputs") to provide cosmetic hair-care analysis, personalized non-medical hair-care recommendations, and educational content. It may also help you track changes in hair condition and habits for your personal, non-commercial use.

Recommendations are generated by our proprietary, science-based Hair-Care Recommendation System using automated processing. The AI Providers defined in Section 1.2 are used at the following stages of that workflow, and only after your separate explicit in-app consent: analyzing your hair photos; building your hair profile from your questionnaire answers; recognizing and assessing the products you add by photo or barcode; and assembling your personalized product selection and routine. At those stages we may send hair or product photos, questionnaire answers, a derived hair/scalp profile including reported concerns and hair-care routine details, and product or routine context to the AI Providers, where the requested feature requires such data. Formula (composition) analysis of catalogue products uses only product catalogue data and does not require this consent. Section 9 explains what happens if you decline or withdraw consent.

3.2 No Medical Advice or Health Services

THE SERVICE IS FOR COSMETIC AND INFORMATIONAL PURPOSES ONLY. The Service does not offer medical, dermatological, or trichological advice, diagnosis, or treatment. The content and recommendations provided are not a substitute for professional healthcare advice. You should not rely on the Service to detect or treat any health condition. If you have concerns regarding hair loss, scalp conditions, or other medical issues, consult a qualified healthcare professional immediately.

3.3 Subscription Terms

We offer the Service under various recurring, paid subscription plans (each, a "Subscription"). Specific details regarding the duration (e.g., 1-month or 3-month plans, or a plan that starts with an Introductory Offer as described in Clause 6.6), pricing, and billing cycles are presented at the time of purchase. Subscriptions renew automatically unless cancelled as described in Clause 7 (Cancellation).

3.4 No Guarantee of Results

You acknowledge and agree that:

• Our recommendations are generated using scientific and statistical data drawn from population-level research and typical user profiles. They may not be fully accurate or suitable for you personally due to individual differences.
• Your results depend on factors outside our control (such as your environment, habits, individual features, and other factors).
• For this reason, we do not guarantee any specific outcomes or improvements in your hair condition.
• Products recommended by the Service are offered by third parties with whom we are not affiliated. Product formulas, performance, pricing, and availability may change, and some products may become unavailable or perform differently than expected.

All results are provided "as is" and without warranties of any kind to the extent permissible under applicable law, as further set out in Sections 13 (Disclaimer of Warranties) and 14 (Limitation of Liability).

3.5 User's Responsibility

You are solely responsible for:

• provision of accurate and current User Inputs;
• reading and understanding product labels and manufacturer instructions;
• performing patch tests before using any recommended products;
• monitoring your reaction to any cosmetic product and discontinuing use if irritation occurs;
• seeking professional advice if you experience discomfort or suspect a health concern.

You must not rely on the Service as a substitute for health care or professional advice.

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4. Account

4.1 Account Creation and Security

To access certain features of the Service or purchase a Subscription, you must register an account (an "Account"). By registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify the Company immediately of any unauthorized access or suspected security breach. You shall not create multiple accounts to evade usage limitations, trial restrictions, or subscription fees.

4.2 Prohibited Account Activity

Your Account is personal and non-transferable. You agree that you will not:

• Share or transfer your access to Account or Service: you shall not share your login credentials, allow third parties to access your Account or to the Service through your Subscription, or sell, resell, lease, or transfer your Account to any other person or entity;
• Commercialize or use the Service for third parties: you shall not use the Service to generate reports or recommendations for third parties or for any commercial purpose;
• Circumvent security: it is strictly prohibited to bypass, tamper with, or circumvent any technological protection measures, authentication systems, usage limits, or access controls of the Service;
• Automate access: you may not use any robot, spider, scraper, script, or other automated means to access the Service or to extract data;
• Disrupt: you shall not interfere with or disrupt the integrity or performance of the Service, or attempt to probe, scan, or test for system vulnerabilities;
• Breach the Acceptable Use Policy defined in Clause 5 of these Terms.

Violation of this Section 4.2 constitutes a material breach of this Agreement and may result in immediate suspension or termination of your Account without refund as described in Clauses 4.3 and 5.4.

4.3 Termination and Suspension

By User: You may delete your Account at any time through the Service settings or by contacting us at privacy@hairexplained.io. Please note that deleting your Account does not automatically cancel subscriptions purchased through the Apple App Store or Google Play. Such subscriptions are managed by the relevant platform. To cancel these subscriptions, use the subscription management features of your Apple App Store or Google Play account, or through your device's platform settings. Subscriptions purchased on the website are canceled automatically when your Account is deleted. If you have an active Subscription, your cancellation is subject to Clause 7 (Cancellation) and Clause 8 (Refund Policy).

By Company: The Company reserves the right to suspend or terminate your Account immediately, without prior notice or liability, if we determine that you have violated these Terms, engaged in fraudulent or abusive activity, or if required by applicable law. Upon termination, your right to access the Service will immediately cease.

We may also temporarily suspend the Service, for example for maintenance, updates, or to address technical issues. Where such suspension results in a material and continuous loss of access to the Service for a significant portion of your Subscription term and is due to reasons within our reasonable control, we may, at our discretion or where required by law, provide an appropriate pro rata refund or credit.

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5. Acceptable Use Policy (AUP)

Your use of the Service is subject to the following Acceptable Use Policy. Any violation of this Clause 5 constitutes a material breach of these Terms and may result in immediate suspension or termination of your Account without refund, removal of offending content, and reporting to competent authorities if required by law or applicable internal policy.

5.1 Content Upload Rules

(A) Allowed Content

You may upload only photographs of your own hair and information that the Service asks or allows you to provide. All uploaded content must be truthful, accurate, and related to the purpose of the Service.

(B) Prohibited Content

You must not upload, submit, or transmit any content (User Inputs) that:

• contains personal data related to other persons;
• is unrelated to the purpose of the Service (e.g., random images or any data irrelevant to hair analysis);
• contains illegal, harmful, abusive, hateful, discriminatory, racist, extremist, or violent content;
• contains sexual, pornographic, exploitative, or otherwise inappropriate material;
• depicts or promotes self-harm, harassment, or any form of abuse;
• infringes the intellectual property rights, privacy rights, or other rights of any third party;
• contains malware, viruses, SQL- or AI-injections, or harmful code;
• was created through unauthorized scraping, downloading, or using images belonging to others.

We reserve the right to remove any content that violates these rules or that we reasonably determine is inappropriate for the Service.

5.2 Use Restrictions

You agree that you will not:

• generate automated or mass requests to the Service, including automated report generation or repeated submissions;
• intercept communications, attempt to access accounts or data of other users, or engage in any unauthorized access;
• reverse engineer, decompile, disassemble, modify, translate, or create derivative works based on any part of the Service or its algorithms;
• attempt to replicate, copy, or misuse recommendations generated by the Service for commercial or competitive purposes.

5.3 Legal Compliance

You must comply with all applicable laws and regulations. You are solely responsible for ensuring that your use of the Service is lawful in your jurisdiction.

5.4 Enforcement and Reporting

We reserve the right to:

• remove or restrict access to any content or Account that violates this Acceptable Use Policy;
• suspend or terminate access to the Service without refund for material violations;
• cooperate with law enforcement, regulators, and affected parties when required;
• report illegal or harmful activities to competent authorities.

If you encounter content or behavior that violates this Policy, please notify us immediately at support@hairexplained.io or through the reporting tools available in your Account.

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6. Payments and Renewal

6.1 Pricing and Payment Methods

Subscription Fee ("Fee") is displayed at checkout before you complete your purchase. By submitting payment information, you authorize us and our payment processors to charge the Fees using your selected payment method. Accepted payment methods may include credit/debit cards, digital wallets, and any other method displayed at checkout. You represent that you are authorized to use the payment method provided.

Your Subscription begins on the date of purchase and continues for the applicable term unless cancelled as provided in Clauses 7 and 8.

6.2 Automatic Renewal

All Subscriptions renew automatically for successive terms of the same duration unless you cancel before the renewal date as described in Section 7 hereof. A Subscription that starts with an Introductory Offer continues as described in Clause 6.6. Before completing your purchase, you will receive clear and conspicuous disclosure of the recurring nature of the Subscription, and how to cancel at any time. Where required by law (e.g., EU, California, Vermont, New York ARL), we will also send advance renewal reminders.

By purchasing a Subscription, you consent to automatic recurring billing until you cancel.

6.3 Changes to Fees

We may change Subscription prices from time to time. If a price change affects your Subscription:

• We will notify you in advance;
• The new price will apply only to the next billing cycle;
• You may cancel before the renewal if you do not agree to the new price.

6.4 App Store and Google Play Purchases

If you purchase a Subscription through the Apple App Store or Google Play Store, your purchase is subject to the terms, conditions, and refund policies of the applicable platform. Billing, renewal, and cancellation for such Subscriptions are managed by the platform. To manage or cancel a Subscription purchased through a platform, please use the subscription management features of your device or the platform's account settings. In the event of a conflict between these Terms and the terms of the applicable platform, the platform's terms shall govern with respect to the platform purchase.

6.5 Failed Payments

If a payment fails:

• We may retry the charge multiple times;
• Your access to the Service may be suspended until payment is successfully processed;
• Persistent failure may result in cancellation of your Subscription.

6.6 Introductory Offers

We may offer a Subscription that starts with an introductory period at a reduced price (an "Introductory Offer"), for example, your first week for $1. Before you purchase, we show you the introductory price, the length of the introductory period, the regular price and billing cycle that follow it, and the date of the first regular charge.

• Introductory price. The introductory price is charged when you purchase.
• Automatic continuation. Unless you cancel, your Subscription continues automatically when the introductory period ends, at the regular price and billing cycle shown at purchase (for example, $24.99 per month). We charge the regular price on the day the introductory period ends and then at the start of each billing cycle until you cancel. The regular billing cycle may be longer than the introductory period.
• Cancelling during the introductory period. You may cancel at any time through your Account Settings (Clause 7). If you cancel before the introductory period ends, you will not be charged the regular price, and the 24-hour notice in Clause 7 does not apply. Your access continues until the introductory period ends; for an Introductory Offer, this applies instead of the immediate effect that Clause 7 gives a cancellation within the cooling-off period.
• Refunds. The introductory period is part of your Subscription, so the cooling-off period in Clause 8 starts on the day you purchase the Introductory Offer. If the first regular charge is made within the cooling-off period, Clause 8 applies to it as well. A refund under Clause 8 ends your Subscription when it is issued. The deduction in Clause 8.3 never exceeds the amount you have paid, so it cannot leave you owing us money.
• Eligibility. Introductory Offers are intended for new subscribers. We may limit an Introductory Offer to one per person, Account or payment method, and we may decline or end an Introductory Offer that we reasonably believe is used in breach of that limit.
• App Store and Google Play. Introductory offers purchased through a platform are subject to the platform's terms (Clause 6.4) and may differ from those offered on our website.

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7. Cancellation

You may cancel your Subscription at any time.

If you purchased your Subscription directly through our website, you may cancel it through your Account Settings or by contacting our support team at support@hairexplained.io.

To avoid being charged for the next billing cycle, you must cancel at least 24 hours before your renewal date.

If you purchased your Subscription through the Apple App Store or Google Play, you must cancel it through the subscription management features of your Apple App Store or Google Play account, or through your device's platform settings. In-app subscriptions are subject to the relevant platform's cancellation, renewal, and refund rules.

Effect of Cancellation: If you cancel after the cooling-off period (see Clause 8), your access will continue until the end of your current paid period, and you will not be charged again. Cancellation within the cooling-off period will have immediate effect, and your access to the Service under the Subscription will cease upon cancellation.

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8. Refund Policy

8.1 14-Day Cooling-Off Period

We offer a 14-day cooling-off period to all subscribers, beginning on the day your Subscription starts. Your right to a refund during this period depends on whether you have started using the Service's core features ("Onboarding").

8.2 Full Refund (No Onboarding)

If you cancel within 14 days of purchase and have not completed the Onboarding process (the first recommendations are not requested by you), you are entitled to a full refund of your subscription fee.

8.3 Partial Refund (Onboarding Completed)

By completing Onboarding, as it is defined in Section 1.2 hereof, during the cooling-off period, you expressly request immediate performance of the delivery of digital content (your recommendations) as a part of the Service and acknowledge that you lose the right to a full refund.

If you cancel within the 14-day period after completing Onboarding:

• Non-Refundable Service Fee: We will deduct a fixed sum of $10 to cover the costs of the Onboarding phase and the digital content already supplied (including data processing, storage, and AI analysis). This amount will not be refunded under any circumstances, except where mandatory consumer protection laws require otherwise.
• Pro-Rata Refund: We will refund the remaining balance of your subscription fee, calculated pro-rata based on the days remaining in your billing cycle.

8.4 No Refunds After 14 Days

After the 14-day cooling-off period expires, all payments are non-refundable, and no credits will be issued for partially used periods, except where required by applicable law or if expressly provided in these Terms.

8.5 Refund Processing

To request a refund, please contact us at support@hairexplained.io. Approved refunds will be issued to your original payment method within 7–10 business days. The date when you receive the refund may depend on your bank rules.

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9. AI Disclosure

The Service uses AI, machine learning, and algorithmic models as part of providing personalized, non-medical hair-care assessments and recommendations. Before a feature sends your personal data to an AI Provider, the mobile app asks for your separate explicit consent and links to the Privacy Policy.

You can decline the request; in that case, features that require AI processing of your personal data are not provided. You can withdraw consent in the mobile app's Data & Privacy settings. Withdrawal stops later personal-data AI requests after it is recorded; results of analysis completed before withdrawal remain available to you, but no new individualized analysis requiring AI processing is performed. Withdrawal cannot recall a request already sent to an AI Provider or cancel processing already in progress. These providers may be located outside your jurisdiction. The Privacy Policy explains deletion rights and provider retention limits.

With that consent, a request may include hair or product photos, questionnaire answers, a derived hair/scalp profile including reported concerns and hair-care routine details, and product or routine context needed for the requested feature. Task-specific routing determines whether Google Gemini or OpenAI receives the first attempt. If fallback processing is required, the other AI Provider may process the same categories of data needed to complete the request.

Recommendations provided through the Service are generated automatically. Qualified personnel may review selected inputs and outputs for quality assurance, safety, and improvement of the Service, but do not manually review every individual recommendation.

We do not use your personal data to train or improve AI models of our own. Data sent to an AI Provider is processed, including any use for model training or improvement, under the terms, account and project configurations, and other contractual arrangements applicable to that AI Provider's service.

Where supported, we request an AI Provider to limit application-state storage. Such settings are intended to reduce provider-side storage but may not eliminate limited retention for operational, security, abuse-prevention, legal-compliance, or similar purposes.

Notwithstanding the above, we do not represent that personal data processed by an AI Provider is absolutely excluded from model training, model improvement, or similar uses, because the relevant processing is performed by a third-party AI Provider and may involve activities outside our reasonable technical control.

We do not use AI systems that make decisions with legal or similarly significant effects on you. You retain the right to request human review where required by law (e.g., under GDPR or CPRA); you can make that request through the contact routes in Section 12 of the Privacy Policy.

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10. Intellectual Property

10.1 Company Ownership

You acknowledge and agree that the Service, including its source code, AI/ML algorithms, software, interface design, graphics, trademarks, and all derivative works thereof (collectively, "Company IP"), is the exclusive property of Hair Explained INC and its licensors. Nothing in these Terms grants you any right, title, or interest in the Company IP, except for the limited access rights expressly set forth in this Agreement. All rights not expressly granted herein are reserved.

10.2 User Inputs and License Grant

You retain full ownership of the User Inputs (as defined in Clause 3.1) you submit to the Service. By submitting User Inputs, you grant the Company a non-exclusive, worldwide, royalty-free, revocable license to access, use, store, copy, and process such User Inputs solely for the purposes of:

• Providing, maintaining, securing, and supporting the Service;
• Generating personalized recommendations for you; and
• Complying with legal obligations and enforcing these Terms.

This license terminates when you delete your User Inputs or your Account, subject to any data retention periods described in our Privacy Policy.

10.3 Limited License to User

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and the recommendations generated for you ("Outputs") solely for your personal, non-commercial use. You may not sell, resell, distribute, or monetize the Outputs in any manner.

10.4 Third-Party Trademarks

Trademarks, trade names, and logos of third-party products (e.g., hair-care brands) displayed within the Service are the property of their respective owners. The Company claims no ownership or affiliation with such third parties unless expressly stated. Reference to any third-party product or brand is for identification and informational purposes only.

10.5 Copyright Infringement (DMCA)

We comply with the Digital Millennium Copyright Act (DMCA). If you believe that material available on the Service infringes your copyright, please send a notice to our Copyright Agent at dmca@hairexplained.io containing:

• Identification of the copyrighted work and the infringing material;
• Your contact information (name, address, email);
• A statement of good faith belief that the use is unauthorized; and
• A statement under penalty of perjury that you are the owner or authorized to act on behalf of the owner.

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11. Privacy and Data Protection

11.1 Incorporation of Privacy Policy

Our Privacy Policy is incorporated by reference into this Agreement and forms its integral part. By using the Service, you acknowledge that you have read and understood the Privacy Policy and that your personal data may be collected, processed, and transferred as described in this Agreement and the Privacy Policy under the applicable legal bases.

Where this Agreement, the Privacy Policy, or applicable law requires separate consent for a particular processing activity, that processing will be carried out only after the required consent has been obtained. Acceptance of this Agreement or acknowledgement of the Privacy Policy does not itself constitute such separate consent.

11.2 Consent to Personal-Data AI Processing

Before sending personal data required for an AI-dependent feature to an AI Provider, we ask separately for your explicit in-app consent. Depending on the requested feature, this may include hair or product photos, questionnaire answers, a derived hair/scalp profile including reported concerns and hair-care routine details, and product or routine context.

You may decline the consent request or later withdraw your consent as described in the Privacy Policy. A decline or withdrawal prevents future personal-data AI requests after it is recorded, but cannot recall a request already sent to an AI Provider or cancel processing already in progress. Section 9 explains what happens without this consent.

11.3 International Transfers

You acknowledge and agree that your data may be transferred to, stored, and processed in the United States or other jurisdictions where our servers or third-party providers are located. The Privacy Policy describes transfer frameworks and safeguards that may be relevant to these transfers.

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12. Third-Party Services and External Links

12.1 Third-Party Providers

The Service interacts with third-party tools, including AI/ML processing providers, cloud hosting, and payment processors. You acknowledge that:

• The Company does not control these third parties;
• The Company is not liable for service outages, data breaches, or errors caused by third-party providers, except as required by applicable law; and
• Your use of third-party features may be subject to such providers' own terms of service.

We do not control the functionality, availability, or policies of these providers and are not liable for delays, technical issues, or operational changes caused by them.

12.2 External Links and Third-Party Websites

The Service may contain links to third-party websites, digital storefronts, or hair-care products (collectively, "Third-Party Products"). Such links are provided for convenience only. The Company does not endorse, warrant, or assume liability for the safety, efficacy, or quality of any Third-Party Products. You interact with Third-Party Products entirely at your own risk, and according to Third-Party Products' own terms and policies.

12.3 Affiliate Links and Sponsored Content

The Service may feature sponsored content or affiliate links to digital storefronts, marketplaces or other websites. Such links or recommendations will be labeled as "Sponsored", "Affiliate Link", or similar disclosures. We do not guarantee the safety, effectiveness, or performance of any third-party products referenced in the Service.

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13. Disclaimer of Warranties

13.1 "As Is" and "As Available"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACHIEVEMENT OF SPECIFIC OUTCOMES.

We provide the Service and the AI-generated recommendations on an "as available" and "as is" basis. While we work to keep the Service reliable and secure, we do not guarantee that it will always be available, uninterrupted, or error-free. Recommendations are generated from User inputs and algorithmic models and may be incomplete, inaccurate, or not suitable for you due to individual differences and factors outside our control (for example, environment, habits, products used, and adherence to recommendations). We do not promise any specific hair-care results.

As stated in Clause 3.2, the Service is for cosmetic and informational purposes only and does not provide medical or healthcare advice.

13.2 Consumer Law Preservation

Some jurisdictions (including the EU/EEA, UK, and certain U.S. states) do not allow the exclusion of certain implied warranties. Nothing in this Clause limits rights that cannot be waived under applicable law. You reserve all your statutory rights.

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14. Limitation of Liability

14.1 Limitation of Liability (Liability Cap)

To the maximum extent permitted by applicable law, the total aggregate liability of the Company, including its directors, officers, employees, contractors, licensors, and agents, for all claims arising out of or relating to the Service or these Terms shall not exceed:

(a) the amount you paid for your Subscription during the six (6) months immediately preceding the event giving rise to the claim; or

(b) if your Subscription Term is longer than six (6) months, the portion of your Subscription fee attributable to a six (6) month period, calculated on a pro rata basis.

14.2 No Indirect or Consequential Damages

To the fullest extent permitted by law, the Company shall not be liable for any:

• indirect, incidental, special, exemplary, punitive, or consequential damages;
• loss of profits, revenue, business, goodwill, or data;
• service interruption or system failure;
• product reactions, allergic responses, or adverse cosmetic effects.

This exclusion applies even if the Company has been advised of the possibility of such damages.

14.3 Exceptions

Nothing in these Terms excludes or limits liability for:

• fraud or fraudulent misrepresentation;
• willful misconduct;
• any other liability that cannot legally be excluded or limited.

14.4 Force Majeure

Neither Party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet failures, or service outages caused by third-party providers.

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15. Term

15.1 Term of Agreement

These Terms remain in effect from the moment you first access the Service and continue until terminated by either you or the Company as provided herein. Your Subscription remains active for its paid term. Cancellation or termination shall affect your Subscription as provided in Clause 7 (Cancellation) and in Section 4.3 of these Terms.

15.2 Termination and Suspension

Your Account or Subscription may be terminated, suspended, or canceled in the cases expressly provided in these Terms. Any applicable refund will be determined in accordance with the Refund Policy (Section 8 hereof).

15.3 Survival of Certain Provisions

Sections of these Terms that by their nature should survive termination shall survive termination, including, without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, privacy and data protection, payment obligations, dispute resolution, and governing law and jurisdiction.

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16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms, and any dispute or claim arising out of or relating to them or to the Service, shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict-of-law principles. Nothing in these Terms affects any mandatory consumer protections or statutory rights granted by the law of your country of residence.

16.2 Jurisdiction and Venue

Except where prohibited by applicable law:

• You agree that any legal action or proceeding relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in California, USA, and
• You irrevocably submit to the personal jurisdiction and venue of those courts.

16.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Consumer Law Special Rights

If you reside in the EU/EEA, UK, California, or another jurisdiction with mandatory venue rules for consumer disputes:

• You may bring claims in the courts of your country of residence;
• You may rely on the consumer protection laws of your home jurisdiction;
• Nothing in these Terms limits your ability to file complaints with consumer authorities or data protection regulators.

If you are a California resident, you are additionally entitled to the protections of the California Automatic Renewal Law (Business & Professions Code § 17600 et seq.) and the Unfair Competition Law (Business & Professions Code § 17200 et seq.). Nothing in these Terms limits your rights under California consumer protection laws.

16.5 Informal Dispute Resolution

Before initiating formal legal action, both parties agree to make good-faith efforts to resolve disputes informally. You may initiate such discussions by contacting us at support@hairexplained.io.

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17. Miscellaneous

17.1 Entire Agreement

These Terms, together with the Privacy Policy, and any other documents or disclosures expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

17.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

17.3 No Waiver

Failure by the Company to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. Any waiver must be expressly stated in writing and signed by the Company to be effective.

17.4 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including to an affiliate, successor, or purchaser of assets, provided such transfer does not diminish your statutory rights.

17.5 Notices

We may provide notices to you via:

• email sent to the address associated with your Account,
• in-Service notifications,
• website postings.

You agree that such notices satisfy all legal communication requirements. Notices to the Company must be sent to:

Hair Explained INC Email: support@hairexplained.io