Terms of Service

Terms of Service

Last Updated: April 14, 2021

Welcome to Myavana. Myavana provides personalized hair care recommendations for your hair journey. Myavana uses a blend of artificial intelligence and hair care experts to instantly provide personalized "Healthy Hair Care Plans" (the “Service”). This Service is accessible via the website www.Myavana.com and mobile application (the “Site and Application and Application” and “Application”).

Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at https://www.myavana.com/pages/privacy-policy. If you visit or become a member of the Site and Application, you accept these Terms. These Terms govern your access to and use of the Site and Application, Service and all Site and Application Content (defined below), and constitute a binding legal agreement between you and Myavana.

Key Terms related to Content

"Content" means text, graphics, images, music, software, audio, video, information or other materials related to Members’ hair.

"Myavana Content" means all Content that Myavana makes available through the Site and Application or Service, including any Content licensed from a third party, but excluding Member Content.

"Member" means a person that completes Myavana’s account registration process, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site and Application, Application or Service.

"Site and Application Content" means Member Content and Myavana Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICE OR BY POSTING ANY MEMBER CONTENT ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR SITE CONTENT. 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" will refer and apply to that company or other legal entity.

Modification

Myavana reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Application or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site and Application or Service after we have posted a modification on the Site and Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Application and the Service.

Eligibility

The Site and Application and Service are intended solely for persons who are 13 or older. Any access to or use of the Site and Application or Service by anyone under 13 is expressly prohibited. By accessing or using the Site and Application, Application or Service you represent and warrant that you are 13 or older.

Account Registration

In order to access certain features of the Site and Application, Application and Service and to post any Member Content on the Site and Application, Application or through the Service, you must register to create an account ("Account"). You may also sign in to Myavana using your account with certain third party social networking services and websites, including, but not limited to, Facebook, Twitter, Pinterest and Google (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. Creating an Account for the first time via an SNS will prompt you to merge your Myavana and SNS accounts. By creating an Account via your account with an SNS, you are allowing Myavana to access your basic SNS account information, including but not limited to your friend list and email, and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Service via such SNS.

Privacy

Use of the Service is also governed by Myavana’s Privacy Policy, which is incorporated herein by reference. We encourage you to read Myavana’s Privacy Policy (www.myavana.com/pages/privacy-policy) carefully and to make informed decisions. By creating an account and accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Myavana’s Privacy Policy.

Ownership

The Site and Application, Application, Service and Site and Application Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Myavana and its licensors exclusively own all right, title and interest in and to the Site and Application, Service and Site and Application Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Application, Service or Site and Application Content.

Myavana Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Myavana grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Myavana Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Myavana grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal purposes. 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 and Application, Service, or Site and Application Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Myavana or its licensors, except for the licenses and rights expressly granted in these Terms.

Affiliate Links

The Site and Application contain links to third-party websites or resources. Myavana has established affiliate relationships with certain third-party websites, resources or retailers, and is compensated for referrals from the Site and Application under such relationships. You acknowledge and agree that Myavana 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. Links to such websites or resources do not imply any endorsement by Myavana 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.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site and Application, Application or Service, you hereby grant to Myavana a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site and Application or Service. Myavana does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Application and Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Application and Service or you have all rights, licenses, consents and releases that are necessary to grant to Myavana the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Myavana’s use of the Member Content (or any portion thereof) on, through or by means of the Site and Application and the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site and Application or Application, or any individual element within the Site and Application or Application, the Myavana name, any Myavana trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Site and Application or Application, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any Myavana system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Myavana or any of our providers or any other third party (including another user) to protect the Site and Application or Site and Application Content;
Attempt to access or search the Site and Application, Site and Application Content or download Site and Application Content from the Site and Application or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Myavana or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Myavana trademark, logo URL or product name without Myavana’s express written consent;
Use the Site and Application or Site and Application Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site and Application or Site and Application Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Application or Site and Application Content.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site and Application;
Collect or store any personally identifiable information from the Site and Application from other users of the Site and Application without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

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

Copyright Policy

Myavana respects copyright law and expects its users to do the same. Myavana has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure of Making Claims of Copyright Infringement below.

Termination and Account Cancellation

If you breach any of these Terms, Myavana will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Myavana reserves the right to revoke your access to and use of the Site and Application, Application, Service and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to support@myavana.com

Disclaimers

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

ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Myavana OR THROUGH THE SITE, SERVICE, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. YOU UNDERSTAND THAT Myavana DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES Myavana MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE. Myavana MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Myavana, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site and Application, Service or Site and Application Content, (ii) your Member Content, or (iii) your violation of these Terms.

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, SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER Myavana NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE OR 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 SERVICE, 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, SERVICE, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Myavana HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL Myavana’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Myavana AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

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

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Myavana and you regarding the Site and Application, Service, Site and Application Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Myavana and you regarding the Site and Application, Service and Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Myavana’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Myavana 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.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Myavana (i) via email (in each case to the address that you provide) or (ii) by posting to the Site and Application or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Myavana 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 Myavana. 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.

Contacting Myavana

If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at support@myavana.com

Notice and Procedure for Making Claims of Copyright Infringement

The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to Myavana's Designated Agent listed below. For your notice to be effective, it must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located;
Information reasonably sufficient to permit Myavana to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Myavana's Designated Agent is: Candace Mitchell

Address: 541 10th Street Suite #156 Atlanta, GA 30318

Email: support@myavana.com