HairDAO’s Terms of Service

HairDAO Association and its’ affiliates (“HairDAO”/“us”/“we”), provides a social media platform in connection with hair loss treatments and care called “HairDAO” through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”) and provide access to Collective Content (defined below), collectively the Site, App and Collective Content and services is referred to herein as the “Services.” Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy.

BY CLICKING ON THE "SIGN UP" OR "AGREE AND JOIN" BUTTON, OR ACCESSING OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND HAIRDAO. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.

1. KEY CONTENT-RELATED TERMS

“Content” means text, graphics, images, software (excluding the App) information, messages or other materials.

“Collective Content” means, collectively, HairDAO Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.

“HairDAO Content” means Content that we make available through the Services including any Content licensed from a third party, but excluding Registered User Content.

“Registered User” and “you” means a person that completes HairDAO’s account registration process, as described in the “Account Registration” section below.

“Registered User Content” means Content a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.

2. MODIFICATIONS

HairDAO. reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Site or App, or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to discontinue use of the Site, App and Services immediately.

3. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

3.1 AVAILABILITY.

Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are available worldwide but currently not for the following countries: Cuba, Syria, Sudan, Libya, Iran, Myanmar and North Korea.

3.2 MINORS.

The Terms and Privacy Policy apply to your access and use of the Services and describe HairDAO’s practices and policies related to the collection, use and storage of information about Registered Users. HairDAO’s privacy practices are consistent with Federal Children’s Online Privacy Protection Act (“COPPA”) and HairDAO will not knowingly request or collect personal information from any child under the age of majority. If a child under 13 submits personal information to HairDAO and we learn that such information is of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at privacy@hairdao.xyz. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

3.3 REGISTRATION.

To register, you must provide a username, and, at your option your name, surname, and provide email address, password, areas of interest, verification details and other information specified in the registration form (collectively, “Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize HairDAO, , in its sole discretion to confirm and verify the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if HairDAO, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HairDAO, has the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.

3.4 SUBSCRIPTION/USAGE FEES.

‍HairDAO does not currently charge fees for the use of the Services. However, you acknowledge and agree that HairDAO. reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. HairDAO will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, HairDAO reserves the right to immediately terminate your access to the Services.

4.0 SECURITY

The Services are designed to require users to provide a valid, working e-mail address and password or discord server login, to access and use the Site, Services, App, and Collective Content and you (1) consent to receive communications from HairDAO in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that HairDAO provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify HairDAO in writing by email of any unauthorized use of your User Information or any other breach of security. HairDAO is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App, or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. HairDAO hereby notifies you that any or all communications with this Site can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by HairDAO in its sole discretion and without further notice.

5.0 DISCLAIMERS

5.1 GENERAL.

HAIRDAO IS PRIMARILY AN EDUCATIONAL TOOL FOR HAIR LOSS PREVENTION AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A MEDICAL OR THERAPEUTIC SERVICE; AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAIRDAO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) HAIRDAO MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, OR UNFAILINGLY SECURE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAIRDAO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. (4) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. HAIRDAO DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, HAIRDAO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

5.2 NO WARRANTY.

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK.

5.3 PROGRESS AND TREATMENT FEATURES; NOT MEDICAL SERVICES.

HAIRDAO’S PROGRESS PERSONAL DIARY FEATURE ALLOWS YOU TO UPLOAD YOUR HAIR LOSS TREATMENT DATA, INCLUDING A TEXT DESCRIPTION, BLOODWORK, IMAGES, PHOTOS AND VIDEOS; HAIRDAO’S TREATMENTS FEATURE MAKES THAT PERSONAL DIARY PUBLIC; THIS DATA IS STORED THROUGH A THIRD-PARTY NAMED COURAGE RESEARCH, INC.; BY UPLOADING PERSONAL INFORMATION YOU AGREE THAT HAIRDAO SHARE YOUR DE-IDENTIFIED INDIVIDUAL-LEVEL DATA WITH APPROVED RESEARCHERS OUTSIDE OF HAIRDAO. WE SHARE THAT INFORMATION PRIMARILY FOR THE PURPOSES OF DEVELOPING NEW RESEARCH ON HAIR LOSS PREVENTIONS AND CREATING RECOMMENDATIONS FOR USERS ON THE SITE. IF YOU ARE USING THE PROGRESS OR TREATMENTS FEATURE YOU ACKNOWLEDGE THAT YOU ARE NOT REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE PROGRESS FEATURE.

6. HAIR TOKENS.

Hair Tokens (“Tokens”) may be earned by You by posting studies on the Site or by taking such other activities on the Site which may earn you rewards, as shall be published by Us from time to time. You may only accrue up to 1,000,000 Tokens per year. In order to redeem your Tokens, You are required to submit a request to Us at info@hairdao.xyz by no later than December 31 per a calendar year in which the Tokens were earned. The receipt of such Tokens shall be subject and conditioned upon You entering into applicable required documentation.

All Tokens are subject to numerous risks and uncertainties, including that digital assets may have no current or future value, that digital assets may be stolen or cease to function as intended. By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and assume all such risks.

Tokens accrued are non-transferable to other users and cannot be combined with or shared with any other user account. We expressly reserve the right in its sole and absolute discretion to establish additional means of accruing Tokens, to delete any or all of the means currently in effect, to exclude specific types of activities from the accumulation of Tokens and to specify periods after which unused Tokens will be forfeited. If for any reason your account is terminated by either you or us, all of your Tokens accrued will be forfeited.

One (1) user account is permitted per person/email address. If it is discovered that you have created multiple accounts by using multiple email addresses or identities, all of your accounts (and all associated Tokens) may be void at Our sole and absolute discretion.

7. PRIVACY AND CONTENT TERMS

7.1 PRIVACY POLICY.

See our Privacy Policy for information and notices concerning HairDAO’s collection and use of your Personal Information. By clicking on the “Sign Up” or “Join Now” or “Agree and Join” button, or accessing or using the Site, Services, or App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.

7.2 FEEDBACK.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site, Services, or App (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

7.3 USER CONTENT TERMS.

7.3.1 General.

All content generated by a Registered User, must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content.

7.3.2 User Content Standards

You may submit content and other information to the Service in a variety of ways, including through your profile, newsfeed, and our communication tools. You agree that you are solely responsible for your Registered User Content, including its legality, reliability, accuracy, and appropriateness, your Registered User Content complies with these terms, and you have all rights in your Registered User Content as necessary to grant the license granted herein.

You agree that your Registered User Content will not:

• Contain any material that is offensive, abusive, defamatory, obscene, threatening or harassing.
• Promote illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Contain any material that infringes or violates the rights of any person or entity including, without limitation, intellectual property, publicity or privacy rights, or violates applicable laws, rules or regulations.
• Violate any contractual, legal or ethical obligations to which you are subject.
• Contain advertising or promotions that are not expressly authorized by Us in writing.
• Misrepresent your current or past affiliation with another person or entity, or otherwise contain fraudulent, false, deceptive or misleading information.

While We are not responsible for Registered User Content, we may, but have no obligation to, monitor, review or edit Registered User Content. In all cases, we reserve the right to remove any Registered User Content for any or no reason, including Registered User Content that we determine in our sole discretion violates these terms, threatens the personal safety of our users or the public, or could create liability for Us. We may take these actions without prior notification to you, and shall have no liability as a result of any such action.

7.4 OWNERSHIP OF CONTENT.

HairDAO does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to HairDAO, in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform, and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, use for research purposes, use to provide recommendations on the Site and otherwise use and exploit the Content that you post on or through the Services, subject to the Privacy Policy. If you submit content to HairDAO, you are authorizing HairDAO to act as your agent to issue take- down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials. You will be responsible for monitoring and enforcing your copyright. If HairDAO does become aware of infringement, then HairDAO, at its sole discretion, may elect to issue take-down notices under the DMCA or similar legislation.

7.5 USER CONTENT WARRANTIES.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services, or App. Accordingly, you represent and warrant that you are: (i) sole and exclusive owner of all Registered User Content that you make available through the Site, Services, or App or (ii) you have all rights, licenses, consents and releases that are necessary to grant to HairDAO the rights to such Registered User Content, as contemplated under these Terms; and (iii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content or HairDAO’s use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Services, or App will (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to any applicable laws, rules, or regulations relating to personal health information, personal information and privacy, the Health Insurance Portability and Accountability Act (HIPAA), and any other applicable national, provincial, state, and federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the App. You retain the sole responsibility of your individual compliance with applicable laws.

Your representations, warranties, and obligations in this section survive termination of these Terms.

8.0 LICENSE TERMS

8.1 HAIRDAO CONTENT LICENSE GRANT.

Subject to your compliance with these Terms, HairDAO grants you a limited, non-exclusive, non-transferable license to: (i) view any HairDAO Content solely for your personal and non-commercial purposes; and (ii) view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

8.2 HAIRDAO CONTENT LICENSE RESTRICTIONS.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, App or Collective Content, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HairDAO or its licensors, except for the licenses and rights expressly granted in these Terms.

8.3 USER CONTENT LICENSE.

Registered Users may post, upload, publish, submit, or transmit Registered User Content. By making available any Registered User Content on or through the Site, Services, or App, you hereby grant to HairDAO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, use for research purposes, use to provide recommendations on the Site and otherwise use and exploit such Registered User Content only on, through or by means of the Site, Services or App or by sublicense to partner or affiliate publications. HairDAO does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.

9. GENERAL PROHIBITIONS.

HairDAO will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HairDAO may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HairDAOhas no obligation to monitor your access to or use of the Site, Services, App, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services, and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. HairDAO reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HairDAO, at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Site, Services, or App.

10. LINKS

The Site, Services, or App may contain links to third-party websites or resources, which do not form part of the Site, Services, or App. You acknowledge and agree that HairDAO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by HairDAO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

11. TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, HairDAO will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. HairDAO reserves the right to revoke your access to and use of the Site, Services, App, and Collective Content at any time, with or without cause. You may cancel your

12. DISCLAIMERS

THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HAIRDAO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. HAIRDAO MAKES NO WARRANTY THAT THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HAIRDAO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES, OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, OR APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAIRDAO OR THROUGH THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. INDEMNITY

You agree to defend, indemnify, and hold HairDAO, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App, or Collective Content, or your violation of these Terms.

14. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER HAIRDAO NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES, OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAIRDAO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HAIRDAO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HAIRDAO AND YOU.

15. PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names, and any other proprietary designations of HairDAO used herein are trademarks or registered trademarks of HairDAO Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

16. APPLICABLE LAW AND JURISDICTION

Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms and except where mandatory law supersedes this choice of law clause, these Terms shall be governed by the laws of the State of New York applicable therein.

17. ENTIRE AGREEMENT

These Terms, together with all documentation and policies referenced herein, constitute the entire and exclusive understanding and agreement between HairDAO and you regarding the Site, Services, App and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HairDAO and you regarding the Site, Services, App, and Collective Content.

18. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without HairDAO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HairDAO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19. NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given by HairDAO: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20. DISPUTE RESOLUTION

19.1 Initial Dispute Resolution. We are available by email at info@hairdao.xyz to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

19.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in (d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and where the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

21. GENERAL

The failure of HairDAO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HairDAO Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

22. CONTACTING HAIRDAO

If you have any questions about these Terms, please contact HairDAO at 7750 Okeechobee Blvd, Ste 4 PMB3085, West Palm Beach, FL 33411, USA, or online at info@hairdao.xyz.

This Terms of Service is effective as of October 20, 2023.