Terms and Conditions for Becosmé™ (BecosmePro.com)

Last Updated: August 7, 2025 

Welcome to Becosmé™ (accessible at BecosmePro.com, referred to as the "Site"). These Terms and Conditions (“Terms”) govern your use of our Site and the purchase or use of any products or services from Becosmé. 

Acceptance of Terms

By using BecosmePro.com, you confirm that you have read, understand, and agree to these Terms, as well as our Privacy Policy (available on our Site), which is incorporated herein by reference. If you do not agree with any part of these Terms, you must not use this Site. Continued use of the Site following the posting of updated Terms constitutes acceptance of those changes.

Eligibility

To use our Site or purchase products, you must meet the following conditions:
Minimum Age: You are at least 18 years old (our products are not intended for use by children). Minors should not use this Site or our products without parental consent.
Capacity: You have the legal capacity to enter into a binding contract. If you are using the Site on behalf of an organization, you have authority to bind that organization to these Terms.
Accurate Information: You agree to provide true, current, and complete information about yourself during account registration or order checkout, and to keep such information updated.
By placing an order, you represent and warrant that you meet the above eligibility criteria. Becosmé reserves the right to refuse service, terminate accounts, or cancel orders if we believe you do not meet these requirements or have otherwise breached these Terms.

Accounts and Security

You may be allowed or required to create a user account to access certain features (such as a faster checkout). You must not share your account credentials with others. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information. Becosmé may, in its sole discretion, refuse to register an account or revoke access for any user that violates these Terms or engages in prohibited conduct. 

You represent that all information you provide in connection with your account and orders (name, address, payment details, etc.) is truthful and accurate. Providing false information or impersonating another person is prohibited. We reserve the right to suspend or terminate any account that contains false or fraudulent information.

Product Information and Medical Disclaimer

Becosmé offers a Direct Hair Patch – a salon professional cosmetic vitamin patch designed to support the appearance of thicker, fuller hair. This innovative patch delivers nutrients to the skin for 8-12 hours.  Each box is a 30-day supply (one patch per day). Our Site may also offer related products or accessories (e.g., dermal rollers) to complement your hair care regimen. 

All information on our Site (including any “Science” articles, FAQs, or testimonials) is provided for general informational and educational purposes only. It is not medical or professional health advice. While we discuss the potential benefits of ingredients (like Ashwagandha, Saw Palmetto, Biotin, etc.) and share customer experiences, none of this content is intended to substitute for advice from a qualified healthcare provider. Always consult your physician or healthcare provider about any health questions or before starting any new supplement or treatment, especially if you have a medical condition. Statements on our Site about our product have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. 

Individual results may vary from person to person, and we make no promise that any specific results will be achieved. Becosmé cosmetic patches are vitamin based (topical), and not a medication. Use our product only as directed (apply one patch to clean skin for up to 12 hours). Do not use the Direct Hair Patch on children or anyone under 18. 
If you are pregnant, nursing, taking medications, or have a known medical condition, consult your physician before using our product. Discontinue use and consult a doctor if you experience any adverse reaction. You assume full responsibility for your use of our products and understand that no supplement is guaranteed to be effective for everyone. 

All descriptions of products, pricing, and product availability are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time. In case a product is listed at an incorrect price or with incorrect details due to an error, we have the right to refuse or cancel any orders for that product.

Orders, Pricing, and Payments

By placing an order on our Site, you are making an offer to purchase the selected product(s) in accordance with these Terms. All orders are subject to our acceptance. We reserve the right to reject or cancel orders for any reason, including errors in pricing and availability, or suspicion of fraud. If we cancel your order after payment, we will issue a refund for any amount charged. 

Prices are listed in the U.S. Dollars (USD) unless stated otherwise. All applicable taxes, shipping fees, or handling charges will be calculated and shown at checkout. We strive to ensure accurate pricing, but in the event of a pricing error, we may cancel (or, at our discretion, honor) orders placed at the incorrect price. We will contact you if there’s an error affecting your order. We accept major payment methods including Visa, Mastercard, American Express, Discover, Diners Club, Apple Pay, Google Pay, and Shopify Pay. 

By providing payment information, you represent that you are authorized to use the payment method and you authorize us (and our third-party payment processor, such as Shopify Payments) to charge the full order amount (including any applicable taxes and shipping) to that payment method. If your payment method cannot be charged or is declined, we may cancel your order. You agree to provide current, complete, and accurate billing and contact information for all purchases. 

If you opt for a subscription or auto-replenishment service (for example, monthly delivery of the Direct Hair Patch), the following terms apply:

Automatic Renewal: Your subscription will auto-renew at the frequency specified (e.g. monthly) and your payment method will be automatically charged the subscription price at each renewal until you cancel. By enrolling, you agree to these recurring charges.
Cancellation Policy: You may cancel your subscription at any time by logging into your account (if available) or contacting us via email. To avoid being charged for the next shipment, please cancel at least a reasonable time (e.g. 48 hours) before your next billing date. If you cancel after an order has already been processed or shipped, that order may still be fulfilled, and your cancellation will take effect for the next billing cycle. We will confirm cancellation via email.
“Deferred” Purchases: In some cases, a recurring purchase may be set as “deferred” (for example, if stock is back-ordered). Even in such cases, your payment authorization remains in effect until the order is fulfilled or you cancel. If we are unable to fulfill a deferred recurring order within a reasonable period, we will notify you and you may choose to cancel for a full refund of any charges for unshipped product.
After you place an order, you should receive an order confirmation via email. This confirmation indicates that we have received your order request; however, it does not signify acceptance of your offer to buy. The purchase contract between you and Becosmé is formed only when we dispatch the product(s) to you. We reserve the right to limit quantities per order or per customer, and to refuse service to any customer at our discretion (in which case we will refund any payments for unfulfilled orders).

Shipping and Delivery

Currently, Becosmé ships products from the United States. We ship to addresses within the U.S. and (if offered) to certain international locations. Any delivery estimates provided (e.g. at checkout) are estimates only, not guaranteed delivery times. Once an order is placed, it typically will be processed and shipped within our normal handling time (usually 1-3 business days, unless otherwise noted for a product). 

Title to products and the risk of loss or damage passes to you upon our delivery of the goods to the carrier. That means once we hand your order to the postal service or shipping carrier, any loss or damage in transit is your responsibility. (However, if your package is lost or damaged in transit, please contact us – we may assist in filing a claim with the carrier or provide a replacement at our discretion.) We are not liable for shipping delays or failures that are beyond our control, such as those caused by the carrier, customs processing (for international shipments), or unforeseen circumstances. 

You must provide a valid shipping address. We are not responsible if an order is delayed or cannot be delivered because of an incorrect or incomplete address you provided. Please ensure your address is current and precise. If a package is returned to us due to an address error or because it was unclaimed, we will contact you for correction and reshipment (additional shipping fees may apply), or offer a refund minus shipping costs. 

If we ship internationally, you are responsible for any customs duties, taxes, or import fees that your local authorities may impose. We have no control over these charges and cannot predict their amount. You are considered the importer of record and must comply with all laws and regulations of the destination country. Please note that international shipments may be opened and inspected by customs authorities. 
Shipping costs will be shown at checkout and may vary based on destination and shipping speed selected. Any “free shipping” offers will be subject to the conditions stated (such as minimum order value or limited to certain regions). 

If you do not receive your order within a reasonable time after the estimated delivery date, please contact us so we can help investigate. Any claims for missing or damaged items must be reported to us within 14 days of delivery. We may ask for information or evidence (photos of damage, etc.) to assist in resolution.

Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, videos, product formulations, software code, and design (“Content”), as well as the Becosmé™ name and trademarks, are the property of Becosmé or our licensors. These are protected by copyright, trademark, and other intellectual property laws. Becosmé™ and the Becosmé logo are trademarks or service marks of our company. All rights are reserved. 

We grant you a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site and its Content. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content from our Site without our prior written consent. The above license does not allow you to download (other than page caching) or copy any portion of the Site except as necessary for your personal viewing or for placing an order. 

You must not use Becosmé’s name, logos, or any Content in a way that suggests an endorsement or association without our express permission. Any unauthorized use of our intellectual property is strictly prohibited and may violate copyright, trademark, and/or other laws. If you want to share our content (such as blog posts or product images) on social media or elsewhere, please ensure it is clearly attributed to BecosmePro.com and not altered in a misleading way.

If you choose to submit feedback, suggestions, or ideas about our products or Site (“Feedback”), you agree that we are free to use such Feedback in any manner without compensation to you. Any Feedback you provide is not confidential and becomes our sole property to utilize or not at our discretion.

Prohibited Conduct

You agree NOT to misuse our Site or services. When using BecosmePro.com, you must comply with all applicable laws and these Terms. The following is a non-exhaustive list of prohibited activities:
Illegal Activities: Do not use the Site for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
Fraud and Misrepresentation: Do not provide false information or impersonate any person or entity, or misrepresent your identity or affiliation. This includes not using another person’s account or payment information without permission.
Interference with the Site: Do not attempt to interfere with the proper functioning of our Site. This means no introducing viruses, worms, or any malicious code; no attempts to hack, destabilize, or disrupt our servers or network; and no bypassing any security or access controls. (For example, you may not use bots, scrapers, or automated methods to access or scrape data from the Site without our permission
Data Harvesting: You must not systematically retrieve data or Content from the Site to create a collection or database without our written permission. Also, do not harvest email addresses or other contact information of our users for spamming or marketing.
Unauthorized Access: Do not attempt to gain unauthorized access to any part of the Site, server, or to other users’ accounts. You may not probe, scan, or test the vulnerability of our system or network.
No Abuse: Do not harass, threaten, harm or defame others through the Site (including our customer service representatives). Any form of abusive or offensive communication towards us or other users is prohibited.
No Commercial Exploitation: You may not use the Site or its Content for any commercial purpose not expressly approved by Becosmé. This means you cannot use our Site to advertise or sell third-party products or services, and you cannot resell our products in an unauthorized manner. (Salons or professionals who wish to retail our products must enter a separate agreement – see “Sell In Your Salon” or contact us for authorized reseller terms.) Using the Site in a way that competes with our business or infringes on our intellectual property is forbidden.
Content Standards: You may be able to post reviews or comments on the Site or our social media. If so, you agree not to post anything unlawful, obscene, defamatory, libelous, pornographic, or that violates any party’s rights. We reserve the right to remove any user-submitted content that we find objectionable or in violation of these Terms or our policies.
Violation of any of the above may result in termination of your rights to use our Site and possibly legal action. We reserve the right to monitor, investigate, and take appropriate action against anyone who, in our opinion, violates these Terms or engages in any behavior that is harmful to the Site or to other users.

Third-Party Links and Tools

Our Site or communications may contain links to third-party websites (for example, an article about hair care or our social media pages). These links are provided for convenience or reference only. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites. Visiting any third-party site via a link on our Site is at your own risk. We do not endorse or assume any responsibility for any third-party products or services. If you leave our Site via such a link, you should review the terms and policies of the third-party site, as they will govern your use of that site. 

Our Site may offer you access to third-party tools or features (for example, an embedded Instagram feed, chat support widget, or payment gateways) that we do not have full control over. You acknowledge that we provide access to such tools “as is” without warranties. Your use of any third-party tool is at your own risk and discretion, and you should ensure you agree to the terms provided by the third-party provider. We may also, in the future, offer new services or features on the Site (such as a new portal for salon partners); such new features will also be subject to these Terms unless stated otherwise.

Privacy and Data Protection

Your submission of personal information through the Site (whether in placing an order, creating an account, or contacting us) is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using the Site, you consent to the collection and use of your information as outlined in that policy. We implement reasonable security measures to protect your personal information. However, no website or internet transmission is completely secure. By using our Site, you acknowledge that you understand and accept the inherent risks of online transmission. In the event of any data breach or security incident, we will notify affected users as required by law. If you are a resident of certain jurisdictions (e.g. California or the EU/EEA), you may have additional privacy rights under applicable laws (such as the CCPA or GDPR). Our Privacy Policy details these rights and how you can exercise them, such as the right to access or delete your data. For any privacy-related inquiries or requests, you can contact us at the contact information provided in the Privacy Policy or the “Contact Us” section of these Terms. By using the Site, you also agree not to engage in any activities that would compromise the privacy or personal data of other users, or that would violate any data protection laws. This includes not attempting to access data that is not intended for you, and not using the Site to collect personal information about others without proper consent.

Disclaimer of Warranties

The Site, its Content, and all products and services provided by Becosmé are offered on an “AS IS” and “AS AVAILABLE” basis. Your use of the Site and our products is at your sole risk. To the fullest extent permitted by law, Becosmé disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We make no guarantee that the Site or products will meet your expectations or achieve any particular results. Specifically, while we strive for accuracy, we do not warrant that: (a) the Site’s content is complete, reliable, or up-to-date; (b) the Site will be uninterrupted, secure, or error-free; (c) defects or errors will be corrected; or (d) any product or service description on the Site is accurate (product packaging and materials may contain additional or different information than what is shown on our Site). 

Becosmé does not warrant or guarantee that our Direct Hair Patch will produce any specific hair growth or health outcome for you. Results vary for each individual, and factors beyond our control (such as your personal health, genetics, or other treatments you use) influence results. Our product is a supplement, not a drug, and is not guaranteed to have a therapeutic effect. We disclaim any implied warranty of effectiveness. Always follow the usage instructions and precautions. 

Note that some jurisdictions do not allow the exclusion of certain warranties. For example, if you are a consumer in a region that provides you statutory warranties or guarantees that cannot be excluded, then some of the above exclusions may not apply to you. In such case, our liability for any breach of a warranty that cannot be excluded is limited (to the extent permitted by law) to either: (i) replacement or resupply of the product or service, or (ii) the cost of replacement or resupply.

Limitation of Liability

To the maximum extent permitted by applicable law, Becosmé and its owners, officers, employees, agents, and affiliates shall not be liable for any damages of any kind arising from or related to your use of the Site, purchase or use of our products, or these Terms. This includes any direct, indirect, incidental, consequential, special, or punitive damages, such as (but not limited to) damages for personal injury, pain and suffering, emotional distress, lost profits, lost revenue, loss of data, business interruption, or any similar harm or losses, even if we have been advised of the possibility of such damages. In particular, Becosmé will not be liable for:
Issues Beyond Our Control: Any failure to perform, or delay in performance, of any obligation caused by circumstances beyond our reasonable control, including shipping delays, supply chain issues, natural disasters, acts of war, cyber-attacks, or failures of third-party service providers.
User Actions: Any damage or loss resulting from your violation of these Terms or misuse of our Site/product (for example, using the product contrary to instructions, or combining it with other incompatible substances).
Website Errors or Downtime: Any loss arising from the inability to use the Site (e.g., due to maintenance or technical issues) or from errors or omissions in content. We try to maintain continuous service, but we do not guarantee that our website will be available at all times or free of errors.
Health-Related Claims: Any health issues allegedly arising from use of our product, unless caused directly by a verified manufacturing defect or our gross negligence. (You agree that it is your responsibility to use the product as directed and consult a physician if needed; our liability for any product-related injury or adverse reaction will be limited as described below.)

If, notwithstanding the foregoing disclaimers, Becosmé is found liable to you for any claim or cause of action, our aggregate liability to you shall not exceed the total amount you paid to us for the specific product or service that gave rise to the liability. If your claim does not involve a product purchase (for example, it concerns Site usage), then our maximum liability will be $100. This limitation applies collectively to all claims, actions, and damages of every kind and nature. 

You may only recover damages once for each loss. You agree that the limitations of liability set forth in this section are a fundamental basis of the bargain between you and Becosmé, and we would not be able to provide the Site or products to you without such limitations. 

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such states or countries, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit any liability which cannot be excluded by law – for example, liability for death or personal injury caused by gross negligence or willful misconduct on our part. However, to the extent that applicable law allows us to limit our liability, the foregoing limitations shall apply.

Indemnification

You agree to indemnify, defend, and hold harmless Becosmé (and our parent, affiliates, officers, directors, employees, agents, and partners) from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise out of or relate to (a) your use or misuse of the Site or our products, (b) your violation of these Terms or any law or regulation, (c) any content you post or submit to us (e.g. product reviews or comments), or (d) your infringement of any intellectual property or other rights of any third party. This means that if a third party makes a claim against us because of something you did, you will be responsible for any costs or damages we incur as a result, including legal fees, except to the extent it was caused by our own negligent or wrongful actions. For example, if you were to resell our product in violation of these Terms and someone is harmed by it and sues us, or if you post content that infringes another’s copyright and we are sued, you would indemnify us for those claims. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). You agree not to settle any such matter without our prior written consent. Your indemnification obligations will survive any termination of these Terms or your use of the Site.

Governing Law

These Terms and any separate agreements whereby we provide you services or products shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of law principles. This means that the laws of Michigan will govern any dispute arising between you and Becosmé relating to our Site, products, or these Terms (except to the extent that U.S. federal law may apply, such as in matters of intellectual property or arbitration under the Federal Arbitration Act as noted below). If you are accessing the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no representations that the Site or our products are appropriate or available for use in other locations. Note that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or any sales from Becosmé, and is hereby expressly disclaimed.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY – It requires that most disputes be resolved through non-binding arbitration (a form of alternative dispute resolution) and includes a waiver of class actions, affecting your legal rights. However, final resolution through the courts remains available if the arbitration and a follow-up negotiation fail to resolve the dispute.

Initial Dispute Resolution

Most concerns or questions can be resolved quickly by contacting our customer service. You agree to try to resolve any dispute or claim informally by first contacting us and providing a written description of your issue and the relief you seek. You can reach us at becosmepro@gmail.com or via the Contact Us form, with the subject “Dispute Notice”. We will attempt to resolve your dispute informally through communication with you.

Non-Binding Arbitration (Required First Step)

If we are unable to resolve the dispute informally within a reasonable time (not less than 30 days from the date you first notified us of the issue), either party may initiate a non-binding arbitration proceeding. By agreeing to these Terms, you and Becosmé agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or any purchase or use of our products (collectively, “Disputes”) shall first be submitted to non-binding arbitration before resorting to litigation. The key details of this arbitration process are:
Arbitration Procedure: The arbitration will be conducted in the State of Michigan (unless you and we agree to a different location or to a remote/telephonic proceeding). It will be administered by a neutral arbitrator pursuant to the rules of a reputable arbitration organization, such as the American Arbitration Association (AAA), or as otherwise agreed between us. If we use the AAA, and you are an individual consumer, the AAA Consumer Arbitration Rules will apply, subject to the provisions of this Section. Arbitration is a private dispute resolution process where a neutral third party (the arbitrator) hears both sides and makes a decision.
Arbitrator Qualifications: The arbitrator must be a neutral person with experience in civil law and contract disputes. We agree that the arbitrator shall be either (i) a retired judge or (ii) an attorney licensed to practice law in Michigan, with at least 5 years of experience in adjudicating or arbitrating contract/civil claims. The parties will mutually select the arbitrator. If we cannot agree on an arbitrator within 14 days of one party’s written request to start arbitration, we will request that the AAA (or another agreed provider) appoint a qualified arbitrator.
Arbitration Is Non-Binding: The arbitrator’s decision will be advisory and non-binding on the parties. This means neither party is obligated to accept the arbitrator’s award or findings, and either party may reject the decision. The purpose of this non-binding arbitration is to obtain an impartial assessment of the dispute and potentially facilitate a settlement. You understand that, by having a non-binding arbitration step, you are not waiving your right to a jury trial if the matter later proceeds to court (except that you agree to follow the steps in this Section before going to court). In non-binding arbitration, the arbitrator can recommend a resolution but cannot impose it on the parties.
Individual Basis Only: The arbitration shall be conducted solely on an individual basis, and not on a class, collective, or representative basis. Class arbitrations or collective proceedings are not permitted. You and Becosmé agree that each may bring claims against the other only in your individual capacity, and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding (If this class action waiver is found unenforceable, then the entire Dispute Resolution section shall be null and void, but the rest of the Terms will remain in effect.)
Arbitration Costs: Each party will be responsible for its own attorneys’ fees and related costs in the arbitration. The fees and costs of the arbitrator and any administrative expenses will be shared equally by the parties, unless otherwise required by law or provided by AAA rules in a consumer arbitration (for example, AAA rules may cap the consumer’s filing fees and assign excess costs to the business). However, if a party fails to proceed in good faith or his/her claim is found frivolous, the arbitrator may reallocate fees as justice requires. Note: Since this arbitration is non-binding, any fees you incur here will not be shifted to the other party even if you “win” in arbitration; fee-shifting might only occur later in court as permitted by law.
Arbitration Process: To initiate arbitration, the complaining party must send a written demand for arbitration to the other party. (We agree that an email copy is acceptable to begin the process, but it should be followed by a physical copy sent to the contact address provided in these Terms.) The demand should describe the dispute, the amount involved, and the remedy sought. We agree to act in good faith to schedule the arbitration promptly. The arbitration hearing will be conducted in person in Michigan (or via video/teleconference if agreed or required for practicality). Each side may present evidence and arguments. Formal rules of evidence will not strictly apply, but the arbitrator will honor applicable evidentiary privileges and consider appropriate evidence. The arbitrator will issue a written recommendation or award within a reasonable time after the hearing. The arbitrator may recommend any remedies that a court could order under these Terms or applicable law, but the recommendation is not binding.

Post-Arbitration “Meet-and-Confer”

If either party is dissatisfied with the outcome of the non-binding arbitration, that party may reject the arbitrator’s decision. In such a case, before filing any lawsuit, the parties (or their attorneys) agree to meet and confer one more time in a good-faith attempt to resolve the dispute. This can be an in-person meeting or a conference call/videoconference. The meeting should occur within 30 days after the arbitration decision is rejected (or another timeframe we mutually agree on). The purpose is to discuss the arbitrator’s findings and see if an acceptable settlement can be reached in light of that advisory decision (since sometimes the arbitrator’s opinion might narrow the issues or suggest a fair outcome). Both parties agree to negotiate in earnest during this meeting. Only if this final good-faith attempt at settlement fails, either party may then proceed to court.

Litigation (If Necessary)

If the dispute is not resolved after following the steps above, either party may file a civil lawsuit to resolve the claim. In that event, the parties agree to the following:
Jurisdiction and Venue: Any lawsuit must be brought in a court of competent jurisdiction in the State of Michigan. Specifically, you agree that such litigation will be filed either in the state courts of Michigan located in Wayne County or the United States District Court for the Eastern District of Michigan, as appropriate. You and Becosmé consent to the personal jurisdiction of these courts and waive any objection that such courts are an inconvenient forum. (If you are not a U.S. resident, you also agree that you are responsible for complying with any local laws regarding jurisdiction.)
No Jury Trial Waiver: [If you are a consumer, we are not asking you to waive your right to a jury trial in court, except that the required steps above (arbitration and meet-and-confer) must be completed first.] If the dispute proceeds in court, you or we may request a trial by jury to the extent available under law (unless both parties mutually agree to have the case decided by a judge).
Limited Remedies & No Class Actions: Even in court, the parties agree to pursue claims only on an individual basis and not as a class or collective action. You hereby waive any right to serve as a class representative or participate as a member of a class of claimants for any Dispute against Becosmé. The court shall enforce this class action waiver to the maximum extent permitted. Additionally, the damages and remedies recoverable in court will be subject to the limitations and exclusions set forth in these Terms (see Limitation of Liability section above).
Attorneys’ Fees: In a court proceeding, the prevailing party may seek to recover its reasonable attorneys’ fees and costs, to the extent allowed by law or contract. (For example, certain consumer protection laws allow winners to recover legal fees; otherwise, each party typically bears its own fees, but a court could award fees for frivolous claims or bad faith.)

Exceptions – Claims Not Subject to Arbitration: Notwithstanding the foregoing, either party may opt to bring individual claims in small claims court if they qualify, rather than arbitration. Also, any disputes concerning intellectual property rights (such as trademarks, copyrights, trade secrets or patents) or claims of injunctive relief (such as to stop alleged unlawful use of our trademarks or other misuse of our Site) may be brought directly in court and are not required to go through arbitration, because such relief may be needed urgently. 

Opt-Out Right: We believe the multi-step dispute resolution process detailed above benefits both us and our customers by potentially reducing litigation. However, if you do not wish to be bound by the arbitration requirement in Section b and c, you have the right to opt out. To do so, you must send us a written notice of your decision to opt out of arbitration within 30 days of your first use of our Site or purchase of our product. Send your opt-out notice to our contact address (listed below) with your name, account email (if any), and a clear statement that you elect to opt out of the arbitration requirement. Opting out of arbitration will not terminate any other portion of these Terms, but it means you and we will retain the right to litigate disputes in court without first going to arbitration. (If you opt out, you still agree to the informal resolution and meet-and-confer steps as a courtesy, but they won’t be mandatory.) If you do not opt out within the 30-day period, you will be deemed to have knowingly and voluntarily waived your opportunity to opt out and will be bound to the arbitration terms. 

Severability of Dispute: If any part of this Section 15 (Dispute Resolution) is ruled to be unenforceable or invalid, it shall be severed, and the remainder of the dispute resolution provisions shall remain in effect. However, if the class action waiver is found invalid in a particular case, the entirety of the arbitration agreement shall be null and void for that case. In no event shall this Section be used to permit an arbitration on a class or collective basis.

Changes to Terms

Becosmé reserves the right to modify or update these Terms at any time. If we make material changes, we will post the revised Terms on this page and update the “Last Updated” date at the top. We may also notify registered users or customers via email or an alert on the Site. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site or our services after any modifications indicates your acceptance of the updated Terms. If you do not agree to any amended Terms, you should stop using the Site and (if applicable) cancel any accounts or subscriptions. Any changes will not retroactively apply to disputes or orders that occurred before the change – those will be governed by the Terms in place at the time of the occurrence, unless you expressly agree otherwise.

Termination

We may, at our discretion, suspend or terminate your access to the Site or your account (if you have one) at any time with or without notice, if we believe you have violated these Terms or engaged in any conduct that is unlawful or harmful to us or others. We may also terminate the Site or any part of it, or discontinue any product offering, at any time without prior notice. If your account or access is terminated for violation of terms, you remain liable for any outstanding obligations (e.g., payment for any orders) and amounts due. Sections of these Terms that by their nature should survive termination (such as intellectual property, disclaimers, limitations of liability, dispute resolution, etc.) will survive. 
You may stop using the Site at any time. If you have an account, you can choose to delete it or simply stop using it. If you have a subscription, you will need to cancel it (as described above in the Subscriptions section) to stop recurring charges. Termination of your account will not relieve you of any obligations arising prior to the termination (for example, if you made purchases or if you have an unpaid balance). Even after your relationship with Becosmé ends, certain provisions of these Terms will continue to apply (for example, any indemnification obligations, the dispute resolution agreement, and any licenses you granted to us).

Miscellaneous Provisions

Entire Agreement: These Terms (together with our Privacy Policy and any other policies or guidelines posted on our Site, or any additional terms for specific features or promotions) constitute the entire agreement between you and Becosmé regarding your use of the Site and purchase of products. They supersede any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and us regarding the subject matter. You acknowledge that you have not relied on any representation or promise that is not expressly stated in these Terms. 
Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of these Terms shall remain in full force and effect.
No Waiver: Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver by us of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver must be in writing and signed by an authorized representative of Becosmé to be effective. 
Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations under these Terms freely to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. 
Third-Party Beneficiaries: These Terms are for the benefit of you and Becosmé. They are not intended to confer any rights or remedies on any third parties (except those entities within the Becosmé group of companies or permitted assignees). 
Relationship of Parties: No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Site or purchase of products. You do not have any authority to bind Becosmé in any respect. 
Headings: Section titles or headings in these Terms are for convenience only and have no legal or contractual effect. 
Language: These Terms and any related documents or communications are provided in English. If we provide a translation, it is for convenience, and the English version will control in case of any conflict or discrepancy.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms or any aspect of our services, please feel free to contact us:
Email: becosmepro@gmail.com 
Mailing Address: Becosmé (BecosmePro.com), 6311 Haggerty Rd, Unit 677, West Bloomfield, MI 48322. 
Website Contact Form: You can also reach us by submitting a message through the Contact Us page on our Site.

We will do our best to respond to your inquiry promptly. Your feedback is important and helps us improve. Thank you for reading these Terms and Conditions. By using our Site or purchasing our products, you signify your agreement to these Terms. We appreciate your trust in Becosmé and look forward to helping you achieve healthier-looking hair!