iPolish Terms of Service
Last Revised: May 30, 2025
1) Introduction and Acceptance
Welcome to the iPolish App (the “App”), a mobile application provided by iPolish, Inc. (“iPolish,” “we,” or “us”). The App and other services, information, materials, devices, and products that we provide (collectively, the “Service” or the “iPolish Service”) are offered subject to these Terms of Service (the “Terms”).
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “ACCEPT,” INSTALLING, OR USING THE IPOLISH SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree, you may not access or use the iPolish Service.
These Terms include and incorporate the iPolish Privacy Policy available at https://iPolish.fashion/story/privacy (the “Privacy Policy”). We may change these Terms at any time as set out in Section 12 below.
2) The Service
Among other features described in these Terms, the App allows a user (“User” or “you”) to interact with iPolish products as made available by the iPolish Service. You may use the Service only for lawful and appropriate purposes, on your own behalf, and in full compliance with these Terms and any additional guidelines or policies we may post from time to time.
3) Eligibility
You must be at least 13 years of age to use the App. By using the Service, you represent and warrant that: (a) you are at least 13; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use comply with all applicable laws and regulations. You may not use the Service on behalf of an entity, organization, or company.
4) Accounts; Linking Products; Your Data
To access most features, you must register for an account and provide certain information (e.g., name, email address, gender, profile picture, and birthdate). To link your iPolish product(s) with the App, you may be asked to scan a QR code on the product or packaging.
All personal data you provide will be handled in accordance with our Privacy Policy. You agree that your information is accurate and will be kept up to date. You are solely responsible for all activities under your account. We may set your account to expire following twelve (12) consecutive months of inactivity. You may delete your account and associated data via the App.
5) Fees and Payment
Access to the Service, or certain features, may require one-time or recurring fees. Before any charge, you will have an opportunity to review and accept the applicable fees. All fees are non‑refundable to the fullest extent permitted by law. If we change fees (including adding new charges), we will provide advance notice; if you do not accept the changes, we may discontinue providing the Service to you.
You authorize iPolish to charge the payment method you specify for all sums described in these Terms for the Service you select. We may seek pre‑authorization of your credit card to verify validity and funds. If you activate recurring payments, you authorize recurring charges until you cancel. Updates or cancellations may take several business days to take effect. If you pay fees to iPolish, we may store your payment information as described in the Privacy Policy.
6) License and Ownership of App Content
The Service, including all documents, information, and other content available on or through the App (collectively, “App Content”), is protected by intellectual property laws. You must retain all proprietary notices on any copies. Any unauthorized reproduction, modification, distribution, public display, or public performance of App Content is prohibited. iPolish and its suppliers reserve all rights not expressly granted.
Subject to these Terms, iPolish grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to install and use the App in object code form, without alteration, on devices you own or control, solely for use with the iPolish Service. The App is licensed, not sold. Third‑party terms and fees (e.g., carrier data charges) may apply and are your responsibility.
7) User Representations and Warranties
You represent, warrant, and covenant that: (a) these Terms constitute a valid, binding agreement enforceable against you; (b) you will access and use the Service only as permitted by these Terms and any guidelines or policies we issue; (c) you will comply with applicable laws; and (d) all information you provide to us is accurate and truthful.
8) User Content
8.1 User Content Generally
Certain features of the Service may allow you to upload or publish content, including messages, images, data, text, location information, and other materials (“User Content”). You retain your rights, including copyrights and any moral rights, in User Content that you upload or publish.
8.2 Limited License to iPolish
By posting or publishing User Content, you grant iPolish a perpetual, irrevocable, worldwide, non‑exclusive, royalty‑free, fully paid, transferable, and sublicensable license to use, host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, for any purpose consistent with and limited by the Privacy Policy, in any media formats and through any media channels now known or later developed. We may create anonymized data and images from your User Content; such data and images will no longer be your User Content. You irrevocably waive any rights you may have regarding your User Content being altered or manipulated in ways that may be objectionable to you. For clarity, no User Content will be accessible by other Users unless you have requested, connected with, or allowed that User to access your User Content.
8.3 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to authorize iPolish to use and distribute your User Content as contemplated by these Terms; and (b) your User Content and its use will not: (i) slander, defame, libel, or invade another’s privacy, publicity, or property rights; (ii) disclose personal information of yourself or a third party without consent; (iii) infringe, violate, or misappropriate any rights of any third party, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, or publicity rights; (iv) cause iPolish to violate any law or regulation; or (v) be inaccurate, false, or otherwise objectionable in iPolish’s sole discretion (collectively, “Unacceptable Content”). If you receive a cease‑and‑desist notice regarding your User Content, you will promptly notify us and/or remove such User Content. You will pay any royalties, fees, or other monies owed to any person by reason of User Content you upload or publish.
8.4 Disclaimer and Enforcement
We are under no obligation to edit or control User Content and are not responsible or liable for it. However, we may screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms. While we use reasonable efforts to address inaccurate, offensive, indecent, or objectionable User Content, you understand you may be exposed to such content. If you discover such content, please contact us and we will review and take appropriate action at our discretion. To the fullest extent permitted by law, you waive any rights or remedies against iPolish with respect to User Content, and we disclaim all liability in connection with User Content. If notified that User Content allegedly violates these Terms, we may investigate and remove it at any time without notice. We comply with the Digital Millennium Copyright Act (17 U.S.C. §512) as applicable.
8.5 Procedure for Unlawful User Content / DMCA
If you believe User Content violates these Terms or your rights, please notify us. Our designated DMCA agent is:
iPolish, Inc.
c/o Andrew M. Schwartz, P.A.
4755 Technology Way, Suite 103
Boca Raton, Florida 33431 USA
+1‑561‑347‑6767
Email: paralegal@amslegalteam.com
Under applicable law, knowingly providing false information that content is infringing may result in civil or criminal penalties. Any DMCA notice must include all information required by the DMCA. iPolish will promptly terminate, without notice, the accounts of Users determined to be “Repeat Infringers” (i.e., Users notified of infringement or whose content has been removed for infringement at least three times).
9) Prohibited Conduct
You agree not to:
Use or access the Service (a) from a jurisdiction where such use is unauthorized; (b) for any illegal purpose; or (c) in violation of any law.
Conduct activities that may be harmful to others or that could damage iPolish’s reputation.
Violate or encourage others to violate third‑party rights, including intellectual property or privacy rights.
Post or distribute advertising or unlawful, defamatory, libelous, inaccurate, offensive, indecent, pornographic, harassing, threatening, or otherwise inappropriate content.
Use scrapers, robots, or data‑gathering tools, or frame or otherwise provide the Service to third parties without permission.
Interfere with security‑related features (e.g., disabling copy‑prevention; reverse engineering the App except as permitted by law).
Interfere with operation of the Service or any User’s enjoyment, including by distributing malware; making unsolicited offers; collecting personal information without consent; disrupting networks or servers; or violating related policies.
Perform fraudulent activity, impersonate any person or entity, claim a false affiliation, access any account without permission, or falsify registration information.
Modify, translate, or create derivative works of the Service except as expressly permitted.
Assign, sublicense, lease, sell, or transfer rights under these Terms or any materials available through the Service.
Use the App or Service for any commercial purpose without express written consent, including for clinical studies or research by/for healthcare professionals, health systems, CROs, or biopharma organizations.
Attempt, assist, or permit any person to engage in any of the foregoing.
10) Third‑Party Applications or Services
The Service may allow you to export or import information to/from third‑party applications or services. Those services are governed by their own terms; please review those before sharing data. We are not responsible for third‑party terms or practices.
11) Termination; Suspension; Changes to the Service
You may terminate your account at any time via the App or by contacting info@iPolish.fashion. If you violate any provision of these Terms, your permission to use the Service terminates automatically. We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including if we discontinue the Service.
We may modify or discontinue access to the App or Service (including by limiting certain features), temporarily or permanently, without notice. To the fullest extent permitted by law, we will have no liability for any change, suspension, or termination. If we cease operating the Service and terminate your access for reasons other than your breach, you will be entitled to a pro‑rata refund of any prepaid fees. Upon termination, we may delete data associated with your account.
12) Privacy Policy; Additional Terms
Please read the Privacy Policy at https://iPolish.fashion/story/privacy for information about our collection, use, storage, and disclosure of personal information. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features that we may post or link (the “Additional Terms”), which are incorporated herein.
13) Modifications to these Terms
We may change these Terms on a going‑forward basis. Please check periodically for changes. If a change materially modifies your rights or obligations (“Material Modification”), we will notify you via the App, our website(s), and/or by email to the address in your profile. Material Modifications are effective upon your continued use of the Service after the effective date. Immaterial changes are effective upon publication. Your sole remedy if you do not agree with any modification is to cease using the Service and/or cancel your account. You may not amend these Terms.
14) Ownership; Proprietary Rights
The Service is owned and operated by iPolish. The visual interfaces, graphics, design, compilation, information, data, computer code (source or object), products, accessories, software, services, trademarks, trade names, and all other elements of the Service (“iPolish Materials”) are protected by law and are the property of iPolish or our licensors. Except as expressly authorized, you may not use the iPolish Materials. You acquire no rights, title, or interest in the iPolish Materials. Any goodwill arising from your use of the iPolish Materials inures to iPolish. If you acquire any rights in the iPolish Materials by operation of law or otherwise, such rights are irrevocably assigned to iPolish. You agree to execute further documents to safeguard iPolish’s rights upon request.
15) Independent Contractors / Vendors
We may engage third parties to perform or support portions of the Service.
16) Feedback
If you provide suggestions or feedback (“Feedback”), you grant iPolish an unrestricted, perpetual, irrevocable, non‑exclusive, fully‑paid, royalty‑free right to use the Feedback for any purpose, including to improve the Service and develop other products and services. Any use of Feedback will be de‑identified and anonymized.
17) Indemnity
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless iPolish and its administrators, successors, assigns, employees, attorneys, insurers, officers, directors, representatives, consultants, affiliates, subsidiaries, and agents (collectively, the “iPolish Indemnified Parties”) from and against any claim, liability, damage, loss, penalty, expense, or cost (including reasonable attorneys’ fees and investigation costs) (each, a “Claim”) arising out of or related to: (a) your access to or use of the Service; (b) your violation of these Terms or any law; (c) your violation of any third‑party right; (d) any dispute between you and any third party; and (e) any fraud, intentional misconduct, criminal acts, or gross negligence by you. We may, at your expense, assume exclusive defense and control of any Claim; you agree to cooperate. You will not settle any Claim without our prior written consent (not to be unreasonably withheld).
18) Disclaimers; No Warranties
THE SERVICE, ALL IPOLISH MATERIALS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE IPOLISH INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE AND ANY CONTENT OR MATERIALS OBTAINED THROUGH IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
19) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE IPOLISH INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA, USE, REVENUE, OR OTHER INTANGIBLE LOSSES), OR FOR ANY COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR ANY IPOLISH MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 17, IF WE CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING, THEN THE AGGREGATE LIABILITY OF THE IPOLISH INDEMNIFIED PARTIES FOR ALL CLAIMS WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO USE THE SERVICE OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; CERTAIN LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATES THE RISKS BETWEEN THE PARTIES, WHICH IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20) Force Majeure
We will be excused from performance under these Terms for any period during which performance is prevented or delayed due to a Force Majeure Event, including: (a) acts of nature; (b) war, terrorism, insurrection, riots, or civil disorder; (c) quarantines or embargoes; (d) labor strikes; (e) failures of telecommunications, networks, computers, servers, or the Internet; (f) unauthorized access to our systems; or (g) other causes beyond our reasonable control.
21) Governing Law; Venue; Waiver of Jury Trial
To the fullest extent permitted by law, these Terms are governed by the laws of the United States and the State of Florida, without regard to conflict‑of‑law principles. If a lawsuit or court proceeding is permitted under these Terms, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Brevard County, Florida. Both parties waive the right to a jury trial. We operate the Service from the United States and make no representation that the iPolish Materials are appropriate or available for use in other locations.
22) General
These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and iPolish regarding your use of the Service. Except as expressly permitted, these Terms may be amended only by a written agreement signed by authorized representatives of both parties. You may not assign these Terms without our prior written consent; any attempt is void. We may assign these Terms without notice to the fullest extent permitted by law. Failure to enforce any provision is not a waiver. Section headers are for convenience only. If any provision is held invalid, the remainder will remain in full force. Upon termination, Sections 7, 11, and 16–23, together with the Privacy Policy and any Additional Terms, will survive.
23) Dispute Resolution and Arbitration
23.1 Agreement to Arbitrate
To the fullest extent permitted by law, you and iPolish agree that any dispute arising out of or relating to these Terms will be resolved by binding arbitration, except where prohibited.
The determination of the scope, enforceability, or applicability of this Section (including any claim that any part is void or voidable), whether a claim is subject to arbitration, and any dispute regarding payment of administrative or arbitrator fees will be resolved exclusively by final and binding arbitration in accordance with this Section.
23.2 Rules and Administration
To the fullest extent permitted by law, arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer‑Related Disputes (the “AAA Rules”), as modified by these Terms. The AAA Rules and filing forms are available at https://www.adr.org/ or by calling 1‑800‑778‑7879.
23.3 Process; Location; Fees
A party intending to seek arbitration must first send a written Notice of the dispute by certified U.S. Mail or Federal Express (signature required) to: iPolish, Inc., c/o Andrew M. Schwartz, P.A., 4755 Technology Way, Suite 103, Boca Raton, FL 33431 USA. The Notice must describe the nature and basis of the claim and the specific relief sought. The parties will try in good faith to resolve the claim directly; if not resolved within 30 days, either party may commence arbitration. Any hearing will take place in Brevard County, Florida, unless otherwise agreed, provided that for claims of $10,000 or less you may elect (a) document‑only proceedings; (b) a telephonic hearing; or (c) an in‑person hearing under the AAA Rules within 100 miles of your billing address or another agreeable location. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds your claim or relief sought frivolous or brought for an improper purpose (under Fed. R. Civ. P. 11(b) standards), you will reimburse iPolish for all fees and costs associated with that claim. The arbitrator must issue a reasoned written decision.
23.4 Relief; Class‑Action Waiver
YOU AND IPOLISH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of representative or class proceeding to the fullest extent permitted by law. If a court determines that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, that remedy alone may be pursued in court; all other claims remain subject to arbitration, and any court proceedings will be stayed pending arbitration. If the class‑action waiver or prohibition against class arbitration is deemed invalid or unenforceable, this entire arbitration agreement is void, and the exclusive jurisdiction and venue in Section 21 will govern.
23.5 Opt‑Out
You may opt out of this agreement to arbitrate by emailing info@iPolish.fashion within 30 days of first accepting these Terms, stating that you decline arbitration (include your full name and the email used to register).
23.6 Exceptions
This Section does not apply to: (a) individual small‑claims actions; (b) enforcement actions through federal, state, or local agencies, if available; (c) claims for injunctive relief in a court of law or equity; or (d) intellectual property infringement claims.
24) Notices; Electronic Communications
By using the Service, you consent to receive certain electronic communications as described in the Privacy Policy. You agree that electronic notices satisfy any legal communication requirements. Notices from iPolish intended for you are deemed delivered when sent to the email address in your profile or when posted on the Service. If you provide a mobile number, you consent to receive text messages for verification, notifications, and other Service‑related purposes; your carrier may charge fees. Reliability of messaging may vary; we are not responsible for delivery issues. We will use your mobile number in accordance with the Privacy Policy.
25) App Store and Google Play
These Terms are between you and iPolish only, not with Apple or Google. Apple and Google are not responsible for the App or its content and have no obligation to furnish maintenance or support services. Apple and Google are not responsible for addressing any claims relating to the App or your possession or use of the App, including product liability, legal or regulatory compliance, or consumer protection claims, nor for the investigation, defense, settlement, or discharge of any third‑party intellectual property claims. You agree to comply with applicable third‑party terms. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
26) Contact Information
The Service is offered by iPolish, Inc. You may contact us at info@iPolish.fashion.