Terms of Service

OVERVIEW

Welcome to Kerativ! Pilaryx, LLC d/b/a Kerativ (“Kerativ,” “we,” “us,” and “our”) operates the Services. Kerativ is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://www.kerativ.com/pages/privacy-policy). When you place an order, you will be required to affirmatively accept these Terms, the Privacy Policy, the Return and Refund Policy, and any applicable Subscription Cancellation Policy. We may retain electronic records of your acceptance and the version of these terms in effect when you accepted them. If you do not agree, do not use the Services or place an order.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

You agree that Kerativ may provide order confirmations, shipping updates, subscription communications, policy notices, and other communications electronically, including by email to the address associated with your account or order. You are responsible for keeping that email address current. Notices to Kerativ must be sent to support@kerativ.com.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Kerativ products are cosmetic in nature and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Statements made about our products have not been evaluated by the U.S. Food and Drug Administration.

Individual results may vary. Any testimonials, before-and-after images, or customer experiences shared on our website or marketing materials reflect individual experiences and are not guarantees of specific results.

Customers should review ingredient lists carefully and follow all product labels, directions, and warnings before use. Perform a patch test prior to use. If irritation or discomfort occurs, discontinue use immediately. You are responsible for determining whether a product is appropriate for your individual circumstances. If you are pregnant, nursing, have a medical condition, or are under the care of a physician, consult a qualified healthcare provider before using our products.

Nothing in this provision limits any right or remedy that cannot lawfully be limited or waived.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. Kerativ may accept, refuse, limit, or cancel any order, in whole or in part, for any lawful reason, including suspected fraud, unauthorized resale, inaccurate pricing or product information, inventory or fulfillment constraints, payment failure, or legal or compliance concerns. An order is not accepted until Kerativ confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Kerativ may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://www.kerativ.com/pages/return-policy).

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SUBSCRIPTIONS

Certain Kerativ products may be offered on a subscription basis. Before you submit a subscription order, the applicable checkout flow will disclose the subscription product, price, delivery frequency, renewal date, any promotional terms, and the deadline and method for cancellation. By completing a subscription order, you authorize Kerativ to charge your designated payment method on a recurring basis at the disclosed frequency unless and until you cancel in accordance with the disclosed cancellation process.

You may cancel your subscription, skip an upcoming delivery, or change its delivery frequency at any time through the customer account portal or the subscription-management link provided in your order-confirmation email. If you'd like a different product quantity, cancel your current subscription and start a new subscription at the quantity you want; we do not offer in-place quantity changes to an existing subscription. Your new subscription will be priced at the rate then in effect, which may differ from your original subscription. To avoid charges for the next order, cancellation or a frequency change must be completed before the applicable renewal cutoff displayed at checkout or in your account. You are responsible for maintaining current, complete, and accurate billing and payment information. If payment cannot be processed, we may retry the charge, suspend future deliveries, or request updated payment information.

We may modify, suspend, or discontinue subscription offerings at any time, subject to fulfilling orders already accepted and providing any notice, cancellation opportunity, refund, or other remedy required by applicable law. Any change to a subscription will apply prospectively after the notice required by applicable law. Subscription orders are subject to the Return and Refund Policy.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside Kerativ's reasonable control, including supply-chain disruption, governmental action, severe weather, and service-provider outages. Once we transfer products to the carrier, title and risk of loss passes to you, except as otherwise required by applicable law.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kerativ, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Kerativ, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kerativ.

Kerativ's names, logos, product and service names, designs, and slogans are trademarks of Kerativ or its affiliates or licensors. You must not use such trademarks without the prior written permission of Kerativ. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Kerativ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Kerativ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kerativ, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kerativ.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here (https://www.kerativ.com/pages/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy (https://www.kerativ.com/pages/privacy-policy) for more details on how we, Shopify, and our partners use your personal information.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

If your Feedback includes your name, image, voice, or likeness — for example, in a photo or video submitted with a product review — you additionally grant Kerativ a worldwide, royalty-free right to use your name, image, voice, and likeness in connection with our use of that Feedback, including in advertising and on social media, without further compensation or notice to you, unless prohibited by applicable law.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) 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 Kerativ, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Termination of your account will also cancel any active subscription; you will not be charged for subscription orders scheduled after the termination date, though you remain responsible for orders already processed.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES, WEBSITE CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE RETURN AND REFUND POLICY, KERATIV DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. KERATIV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT WEBSITE CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT.

PRODUCT DESCRIPTIONS, INGREDIENT INFORMATION, TESTIMONIALS, BEFORE-AND-AFTER CONTENT, AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT MEDICAL ADVICE. INDIVIDUAL RESULTS MAY VARY. NOTHING IN THESE TERMS LIMITS ANY WARRANTY, REMEDY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED. KERATIV'S REPLACEMENT AND REFUND OBLIGATIONS, IF ANY, ARE GOVERNED BY THE RETURN AND REFUND POLICY.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, KERATIV AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, KERATIV'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR PRODUCTS PURCHASED THROUGH THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KERATIV FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS KERATIV, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS FROM AND AGAINST ANY THIRD-PARTY CLAIM, DEMAND, ACTION, LOSS, LIABILITY, DAMAGE, COST, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) TO THE EXTENT ARISING OUT OF OR RELATING TO (A) YOUR BREACH OF THESE TERMS OR ANY POLICY INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF APPLICABLE LAW OR A THIRD PARTY'S RIGHTS; (C) YOUR MISUSE OF THE SERVICES; OR (D) CONTENT OR MATERIALS YOU SUBMIT THROUGH THE SERVICES.

KERATIV WILL PROVIDE PROMPT NOTICE OF ANY CLAIM FOR WHICH IT SEEKS INDEMNIFICATION, EXCEPT THAT DELAYED NOTICE WILL NOT RELIEVE YOU OF YOUR OBLIGATIONS EXCEPT TO THE EXTENT YOU ARE MATERIALLY PREJUDICED. KERATIV MAY CONTROL THE DEFENSE AND SETTLEMENT OF ANY SUCH CLAIM AT YOUR EXPENSE, USING COUNSEL OF ITS CHOOSING. YOU WILL REASONABLY COOPERATE IN THE DEFENSE. KERATIV WILL NOT SETTLE A CLAIM IN A MANNER THAT IMPOSES MONETARY OR NONMONETARY OBLIGATIONS ON YOU WITHOUT YOUR PRIOR WRITTEN CONSENT, WHICH WILL NOT BE UNREASONABLY WITHHELD, CONDITIONED, OR DELAYED. THIS SECTION DOES NOT REQUIRE INDEMNIFICATION TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms incorporate the Privacy Policy, Return and Refund Policy, Shipping Policy, Subscription Cancellation Policy, and applicable checkout-specific promotion or subscription terms (collectively, the “Policies”). If these Terms conflict with a Policy addressing a specific subject, that Policy controls solely as to that subject; if checkout-specific terms conflict with a general Policy, the checkout-specific terms control solely for the applicable order or subscription.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict-of-law principles. You and Kerativ consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms or the Services.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Except where applicable law requires a different process, changes will apply prospectively on the effective date stated in the notice. Your continued use of the Services after that date constitutes acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@kerativ.com.

Pilaryx, LLC d/b/a Kerativ
16192 Coastal Highway
Lewes, DE 19958
support@kerativ.com