EsthetiX’s (also “We”, “Us”, and “Our”) mission is to empower people to manage their own hair. We enable anyone to enroll in our courses to learn. We need rules (“Terms”) to keep our platform and services safe for you. These Terms apply to all of your activities on all EsthetiX websites, the EsthetiX mobile applications, and other related services (“Services”).
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You may not transfer your account to someone else. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you are younger than thirteen (13) years of age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. You may be requested to verify your identity before you are authorized to enroll in a course.
Course Enrollment and Lifetime Access
When you enroll in an EsthetiX course, whether it’s a free or paid course, you are getting from EsthetiX a license to view the course via the EsthetiX platform, and EsthetiX is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, EsthetiX grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by an EsthetiX authorized representative. This also applies to content you can access via other EsthetiX systems.
We generally give a lifetime access license to our users when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our internal guidelines. The lifetime access is not applicable to add-on features and services associated with a course, for example translation captions of courses or EsthetiX Toolkit materials and your access may be disabled by EsthetiX at any time.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us or at the point you become aware that the payment method fails. We reserve the right to disable access to any course for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course or EsthetiX Hair Assessment purchase on our website. Credits may expire if not used within the specified period, and have no cash value.
Content and Behavior Rules
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Using EsthetiX at Your Own Risk
If you enroll in a course, you rely on any information at your own risk. By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. EsthetiX has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
All right, title, and interest in and to the EsthetiX platform and Services, including our websites, our existing or future applications, databases, and the content we or our partners submit or provide through our Services are and will remain the exclusive property of EsthetiX and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the EsthetiX name or any of the EsthetiX’s trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding EsthetiX or the Services is entirely owned by EsthetiX and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the EsthetiX platform and Services:
- access, tamper with, or use non-public areas of the platform, EsthetiX’s computer systems, or the technical delivery systems of EsthetiX’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the EsthetiX platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as EsthetiX); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
You agree that by registering, accessing or using our Services, you are entering into a legally binding contract with EsthetiX. If you do not agree to these Terms, do not enroll (i.e., register), access, or otherwise use any of our Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Course Enrollment and Lifetime Access, Using EsthetiX at Your Own Risk, Rights, Disclaimers, Limitations of Liability, Indemnification, Governing Law and Jurisdiction, Relationship Between Us, Dispute Resolution.
It may happen that our platform is down, either for planned maintenance or because something goes down with any of our sites. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases. Said differently, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will EsthetiX or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
Limitation of Liability
To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claim.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless EsthetiX, our group companies, and our and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Washington, District of Columbia, USA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Washington, District of Columbia, USA.
Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You agree to resolve disputes with EsthetiX through binding arbitration. If there is a dispute, our team is happy to help resolve the issue. If that does not work out, you may bring a claim in binding arbitration. You may not bring a small claims court claim. You may not bring a claim in any other court or class action claim against us.
How to Contact Us
The best way to get in touch with us is to contact our support team at email@example.com. We’d love to hear your questions, concerns, and feedback about our Services.