Terms of Service

Welcome to Allume, Inc. Use of allume.co or any other services offered by us (collectively our "Site") is provided to you subject to the following Terms of Service. These Terms of Service, together with any additional terms and conditions posted elsewhere on the Site, and the Privacy Policy as incorporated herein by reference, are referred to as the "Terms of Service". In these Terms of Service, the words "you" and "your" refer to each user of the Site (each, a "Client"), "we", "us", "our" and "Allume" refer to Allume, Inc., and "Service" refers to all services provided by us. We reserve the right, in our discretion, to change or modify any or all of the Terms of Service at any time, effective immediately upon the posting of the revised Terms of Service on the Site.

These Terms of Service form a binding agreement between Allume, Inc. and you that governs your use of the Site. Please read them carefully, as by using our Site you agree to be bound by them. Please also review our Privacy Policy, which also governs your use of our Site, to understand our practices.

Your continued use of our Site following the posting of updated Terms of Service means you agree to any such changes.

If you have any questions about these Terms of Service, please contact us via email at [email protected].

Account

To become a Client, you can create an account, get styled, or shop with Allume. To create an account or get styled, you must provide your name, phone number, email address, other registration information, and select a password ("Account Information"), which you should not share with any third parties. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). In order for the Services to work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services). We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has used the Services, we reserve the right to take steps to cancel any request.

The collection and use of all information submitted in connection with the creation of a Client account is subject to the terms of our Privacy Policy.

Content

Content from other users, suppliers, advertisers, and other third parties may be made available to you through our services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Service may contain links and products from websites not operated by us, including, without limitation, the websites of the brands we include in our Services. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links and products for your convenience only and we do not control such websites. Our inclusion of links and products from such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

Pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe that matter on our Site has infringed your copyright, please provide the following information in writing to our Copyright Agent at [email protected] or 601 Allerton St, Suite 110, Redwood City, CA 94063 (see 17 U.S.C. Section 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• A description of the copyrighted work that you claim has been infringed.
• A description of the material that you claim to be infringing or to be the subject of infringing activity and information sufficient to permit us to locate the material.
• Your address, telephone number and e-mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or submitted to our Site and that were subsequently removed, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail).

• Your physical or electronic signature.
• A description of the materials that have been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Only DMCA notices should be sent to our Copyright Agent. For other comments or questions regarding the Site, please contact us at [email protected].

Products

Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Service are subject to change without notice, and our current prices can be found on the Services. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Services at a particular time does not imply or warrant that these products will be available at any time or the price will remain the same. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the Services. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.

Fees

Allume collects fees from Clients in the following ways:

• Styling: Allume may charge a styling fee for styling services. The amount and details of the styling fee will be posted on the website.
• Subscription Styling Services: Allume may offer subscription services where clients pay in advance for styling services.The amount and details of the Subscription Styling Services will be posted on the website.
• Orders from third party vendors: Client orders may be fulfilled through third party vendors. In those cases, Allume will take client payment info, share that information with the third party vendor, and place the order on client's behalf using the client's payment info.

Allume reserves the right to modify fees at any time.

Subscription Styling Services

You can access and use your Subscription Styling Service from the date of purchase until the end of the membership period (the Expiry Date). Some Subscription Styling Services include Exclusive Discounts. Allume reserves the right to remove and add Exclusive Discounts at anytime. Some Subscription Styling Services include an On Demand Styling Advice service. For this service, Allume will respond to styling questions within 24 hours of receiving the question, between the hours of 7 am and 5 pm Pacific Time on business days. If the question is received outside of those hours, Allume will respond by the close of the next business day. Styling session credits included with a Subscription Styling Service will expire on the Expiry Date.

On the Expiry Date, Allume will automatically renew your Subscription Styling Service for a new membership period by charging the associated Fee plus any Applicable Taxes to the payment method you provided, unless you cancel automatic renewal. You may cancel automatic renewal at any time before the Expiry Date from your member profile or by contacting us at [email protected] If you cancel automatic renewal, your access to your Subscription Styling Service continues until the Expiry Date of that membership period. Canceling automatic renewal will cease auto-renewal of Subscriptions, but Subscription Fees are final and non-refundable; Allume will not issue you any refund, including partial, pro-rated, or otherwise unless required to do so by law. Allume assumes no responsibility or liability if your Subscription Product fails to renew or otherwise expires because of outdated or incorrect payment information.

Allume reserves the right to modify, offer additional, or cease offering Subscription Styling Services at any time in its sole discretion. This includes but is not limited to changes in fees or modifying the features and functionality of Subscription Styling Service. If we cease offering your current Subscription Styling Service, your access to the Subscription Styling Service will continue until the Expiry Date. In such event, we may elect to migrate you to a similar Subscription Styling Service and charge your payment method the associated fee at the expiry date.

Payments

We may use a third-party payment processor or work with a third party vendor (the "Payment Processor") to allow you to pay for products purchased through the Service. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase goods through the Service, you agree to pay, through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider ("Payment Method"). Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes even if the Payment Processor has already requested or received payment. For all orders from third party vendors, you acknowledge and agree that (i) your purchases through the Service are transactions between you and the third party vendor, and not with us or any of our affiliates; and (ii) we are not a party to your transaction for such purchases and we are not a buyer or a seller in connection with such transactions.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your applicable purchase upon demand.

Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.

Shipping

Every item you purchase on Allume will be shipped to you from third party brands or retailers. The cost and shipping method of shipments will be determined by the specific brand or retailer, and as such your delivery provider and delivery time will vary accordingly.

Please note that any delivery dates or arrive by dates provided by our Service are estimated dates and are not guaranteed by Allume. These dates are subject to change without notice. Factors that may change these dates include product availability, shipping address and shipping carrier delays. By ordering on Allume, you agree that Allume shall not be liable for any damages due to a late shipment.

Returns

Every item you purchase on Allume is subject to the specific return policy of the brand or retailer from which it was shipped. Please consult the website of the specific brand or retailer for details on the returns policy and process.

You are responsible for working with each brand or retailer on shipping, return, quality, and other issues related to items.

Referrals

Our Service may offer you opportunities to earn a referral credit. The details of how you might do so are explained on our Website. Any referral credits will be applied automatically to your account, and are not convertible into cash. If you cancel your registration without using your credits, they are forfeited.

Promotions

From time to time, we or our brands may feature sweepstakes and giveaways (collectively, "Sweepstakes"), as well as contests ("Contests") on the Service. For Sweepstakes, winners shall be chosen at random. In contrast, for Contests, winners shall be chosen based on skill. Specific rules and descriptions for each Sweepstakes or Contest on the Service will be displayed on the Site.

Intellectual Property

Our Site is protected by U.S. and international copyright laws. You may not copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on our Website without receiving our prior written permission.

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product stylings or listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

When you post a comment, upload a photograph, rate an item, or otherwise interact with the Site, you by doing so grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute that comment, rating or interaction on our Website or in other media.

All trademarks, logos, other marks, and trade dress pertaining to our Website and products are our property or belong to their respective owners. You may not use any such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.

Representations, Warranties, and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE; FROM ANY INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES; IN CONNECTION WITH OUR USE OF ANY CONTENT THAT YOU POST TO OUR SITE; OR IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IF YOU POST ANY CONTENT, IMAGES, COMMENTS, PHOTOGRAPHS OR OTHER CONTENT TO OUR SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO DO SO, AND WILL INDEMNIFY US AGAINST ALL LEGAL CLAIMS FROM ANY OTHER ENTITY.

Applicable Laws

These Terms and Conditions shall in all respects be governed by the laws of the state of California, regardless of the laws that might be applicable under principles of conflicts of law.

Dispute Resolution; Informal resolution and formal resolution by arbitration/class action waiver.

Any legal or equitable claim relating to your use of the Site or the use or purchase of any products from the Site (referred to as a "Claim") will be resolved by binding arbitration conducted under the Federal Arbitration Act, rather than in court, except that you or we may assert claims in small claims court if eligible.

Any arbitration will be conducted by the American Arbitration Association under its rules, including its Supplementary Procedures for Consumer- Related Disputes. The AAA's rules are available at www.adr.org or by calling the AAA at 800-778- 7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise, Allume, Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Redwood City, CA or at another mutually agreed location.

If you or we seek arbitration of a dispute, the arbitration action must be initiated and/or demanded within the statute of limitations and within any applicable deadline imposed under the AAA Rules. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: 601 Allerton St, Suite 110, Redwood City, CA 9063.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Furthermore, either you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Severability & Non-Waiver

In the event that a provision of these Terms of Service is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. This arbitration agreement will remain in effect even if you cancel your registration and account with us.

Allume, Inc. reserves all rights under these Terms of Service as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Service or any applicable law should not be construed as our waiver of the right to enforce that same provision at any time in the future.

Effective Date: August 22, 2019