iPolish App Terms of Service

Welcome to the iPolish App, a mobile application (“Software,” “App,” or “iPolish App”) provided by iPolish, Inc. (“iPolish,” “we,” or “us”). The App and any other services, information, materials, devices, and products we provide are individually and collectively referred to as the “Service” or the “iPolish Service.” The iPolish App, among other services described herein, allows a User (as defined below) to interact with iPolish products as made available by the iPolish Service. Our websites are referred to collectively as the “Website.”

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE IPOLISH SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE IPOLISH SERVICE. BY ACCEPTING THESE TERMS OR USING THE IPOLISH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE IPOLISH PRIVACY POLICY (https://iPolish.fashion/story/privacy) (COLLECTIVELY, THE “TERMS”), WHICH MAY BE UPDATED FROM TIME TO TIME.

Our Privacy Policy (https://iPolish.fashion/story/privacy) describes how we collect, use, protect, and share your personal information and sets out your privacy rights.

If you are not eligible, or do not agree to these Terms, you do not have permission to use the iPolish Service.

As provided below, iPolish grants you the right to use the iPolish App and the Service subject to these Terms.

The iPolish Service is available to iPolish non‑commercial end users (“Users”) with access to the App through the Apple App Store or Google Play.

1. Use of the iPolish Service

The iPolish Service is intended only to allow you, as a User, to engage with iPolish products as made available by the iPolish Service. You may not access or use the Service for any other purpose. You may use the iPolish Service, including any data presented to you on or by the Service, or otherwise hosted or stored by iPolish for you, only for lawful and appropriate purposes on your own behalf and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service that iPolish may post from time to time.

2. Eligibility

You must be at least 13 years of age to use the iPolish App. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the iPolish Service; and (c) your registration and use of the iPolish Service comply with all applicable laws and regulations in your jurisdiction. You may not use the iPolish Service on behalf of any entity, organization, or company.

3. Accounts; Linking iPolish Products

To access most features of the iPolish Service, you must register for an account. When you register, you may be asked to provide personal information (e.g., name, email address, gender, profile picture, birthdate). To link your iPolish product(s) with the App, you may be asked to scan a QR code on the product or its packaging. All personal data you provide will be handled in accordance with our Privacy Policy (linked above). You agree that the information you provide is accurate and will be kept accurate and up to date. You are solely responsible for all activities that occur under your account.

Your account may automatically expire after any period of inactivity in excess of twelve (12) consecutive months. You may delete your account and all associated data in the iPolish App or by contacting us.

4. Fees and Payment

Access to the iPolish Service, or to certain features, may require one‑time or recurring fees. Before you pay any fees, you will have an opportunity to review and accept the charges. All fees are non‑refundable to the fullest extent permitted by applicable law.

If iPolish changes fees (including by adding new fees), we will provide advance notice. If you do not accept the changes, iPolish may discontinue providing the Service to you.

iPolish will charge the payment method you specify at purchase. You authorize iPolish to charge all sums for the Services you select. If you pay with a credit card, iPolish may seek a pre‑authorization to verify the card and available funds.

The App and/or Website may include functionality to activate, update, or cancel recurring payments. If you activate or update recurring payments, you authorize iPolish to charge, on a going‑forward basis and until cancellation of either the recurring payments or your account, all accrued sums on each payment due date. Updates or cancellations may take several business days to take effect.

If you pay fees to iPolish, we may store your financial account information as described in the Privacy Policy (https://iPolish.fashion/story/privacy).

5. License; App Content

iPolish owns and operates the iPolish Service. The documents, information, and other content available on the App (the “App Content”) are protected by copyright and other intellectual property laws worldwide. All copyright and other proprietary notices on any App Content must be retained 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 granted in these Terms.

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 format, without alteration, on devices that you own or control, solely for use with the iPolish Service. By downloading or using the App, you acknowledge that: (a) the App is licensed, not sold, to you; and (b) third‑party terms and fees may apply to your device’s use (e.g., carrier terms, phone/data/messaging fees), for which you are solely responsible.

6. User Representations and Warranties

All users of the iPolish Service represent, warrant, and covenant that: (a) these Terms constitute a valid, binding agreement enforceable against you in accordance with its terms; (b) you will not access or use the iPolish Service except as expressly permitted by these Terms and any additional instructions, guidelines, or policies issued by iPolish (including those posted in the App or on the Website); (c) you will access and use the iPolish Service in full compliance with applicable law; and (d) all information, data, and other materials you provide in connection with account registration are accurate and truthful.

7. User Content

A. User Content Generally

Certain features of the iPolish Service may permit you to upload content, including messages, images, data, text, location information, and other information (“User Content”), and to publish User Content on the Service. You retain the copyrights (including any moral rights) and any other proprietary rights that you may hold in your User Content.

B. Limited License Grant to iPolish

By posting or publishing User Content, you grant iPolish a perpetual, irrevocable, worldwide, non‑exclusive, royalty‑free, fully paid, transferable license (with the right to sublicense) 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 in accordance with and as limited by the Privacy Policy (https://iPolish.fashion/story/privacy), in any media formats and through any media channels now known or hereafter developed. We may also 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 the avoidance of doubt, your User Content will not be provided to, or accessible by, other users unless you have requested, connected, or allowed that user to access it.

C. 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 affirm, represent, and warrant that:

1. 
   you are the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to authorize iPolish to use and distribute your User Content as necessary to exercise the licenses granted in this Section 7;
   
2. 
   your User Content and its use will not: (i) slander, defame, libel, or invade the privacy, publicity, or other rights of any person; (ii) disclose your own or a third party’s personally identifiable information; (iii) infringe, violate, or misappropriate any third‑party right (including copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity); (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”);
   
3. 
   if you receive a cease‑and‑desist notice relating to any of your User Content, you will notify us immediately and/or remove such User Content; and
   
4. 
   you will pay all royalties, fees, or other monies owing to any person by reason of User Content you upload or publish on or through the iPolish Service.
   

D. User Content Disclaimer

We have no obligation to edit or control User Content that you or others upload or publish and will not be responsible or liable for User Content. iPolish may, at any time and without prior notice, screen, remove, edit, or block any User Content that in our judgment violates these Terms. You understand that the iPolish App may contain areas where Users can post their own content, which comes from a variety of sources; while we will use reasonable efforts to remove inaccurate, offensive, indecent, or objectionable content, you may be exposed to such content. If you discover any User Content you find inappropriate, please contact us; we will review and take appropriate action in our sole discretion. To the fullest extent permitted by law, you waive any statutory, legal, or equitable right or remedy you have or may have against iPolish with respect to User Content. We expressly disclaim any and all liability in connection with User Content to the fullest extent permitted by law. If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, and we reserve the right to do so at any time and without notice.

E. Procedure for Unlawful User Content; DMCA

If you believe that any User Content does not conform to these Terms, please notify us. We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) applicable to our operations. If you have an intellectual‑property complaint about material posted on the iPolish Service, you may contact our designated agent:

iPolish, Inc. (Data Controller)

Attn: Troy Fohrman, Chief Privacy Officer

2503 S. Washington Avenue, Suite 161

Titusville, Florida 32780

Please note that under applicable law, if you knowingly provide false, misleading, or inaccurate information that User Content is infringing, you may be subject to civil or criminal penalty. Any DMCA notice alleging that materials hosted by or distributed through the iPolish Service infringe intellectual‑property rights must include all information required by the DMCA. iPolish will promptly terminate, without notice, the accounts of Users determined by iPolish to be “Repeat Infringers,” meaning Users who have been notified of infringing activity on, or have had User Content removed for infringement from, the iPolish Service at least three times.

8. Prohibited Conduct

By using the iPolish Service, you agree not to:

A. use or access the iPolish Service (a) from a jurisdiction where such use or access is not authorized; (b) for any illegal purpose; or (c) in violation of any law;

B. conduct activities that may be harmful to others or that could damage iPolish’s reputation;

C. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any intellectual‑property right or by disclosing another person’s personal information;

D. post, upload, or distribute marketing or advertising links or content, or any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

E. use scrapers, robots, or other data‑gathering devices on or through the Service, or frame or otherwise provide the Service to third parties without iPolish’s permission;

F. interfere with security‑related features of the Service, including by (a) disabling or circumventing features that prevent or limit use or copying of content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the App, except as expressly permitted by law notwithstanding this restriction;

G. interfere with the operation of the Service or any User’s enjoyment of it, including by (a) uploading or disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another User; (c) attempting to collect personal information about another User or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

H. perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service or account without permission, or falsifying account registration information;

I. modify, translate, or create derivative works or compilations of or based on the Service or any part thereof, or use, copy, or reproduce the Service or any part thereof other than as expressly permitted by these Terms;

J. assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any iPolish Materials (as defined in Section 13), or any right or ability to view, access, or use any iPolish Materials;

K. without express written consent, use the App or Service for any commercial use, including but not limited to use by or for a healthcare professional, health system, contract research organization (CRO), biopharmaceutical organization, or for clinical studies or research of any kind; or

L. attempt to do any of the above, or assist or permit any person to engage in any of the above.

9. Third‑Party Applications or Services

The iPolish Service may allow you to export or import information to and from third‑party applications or services. Any use of those applications or services will be governed by their terms of service, not these Terms. We encourage you to review those terms before sharing any data with third parties.

10. Termination; Discontinuation; Changes to the Service

You may terminate your account at any time by following the procedures in the App or on the Website, or by contacting customer service at info@iPolish.fashion. If you violate any provision of these Terms, your permission to use the iPolish Service terminates automatically. iPolish may, in its sole discretion, terminate your account, or suspend or terminate your access to the Service, at any time if you violate these Terms, if we no longer provide any part of the Service, or for any other reason, with or without notice.

We may modify or discontinue your access to the App or Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice. To the fullest extent permitted by law, we will have no liability for any change to the Service or any suspension or termination of your access. If iPolish ceases to operate the Service and terminates your access accordingly, except as a result of your violation of these Terms, you will be entitled to a pro‑rata refund of any prepaid fees. Upon termination of your account or these Terms for any reason, iPolish may, at its option, delete any data associated with your account.

11. Privacy; Additional Terms

A. Privacy Policy. Please read the iPolish Privacy Policy (https://iPolish.fashion/story/privacy) for information about our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into these Terms. You consent to the processing of your personal information (including sharing with third‑party providers) as described in the Privacy Policy.

B. Additional Terms. Your use of the iPolish Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features that we may post on or link from the Service (“Additional Terms”), such as end‑user license agreements for any downloadable software or rules for particular features or content, subject to Section 12. All Additional Terms are incorporated into these Terms.

12. Changes to These Terms

We may change these Terms on a going‑forward basis at any time. Please check periodically for changes. If a change materially modifies your rights or obligations (“Material Modification”), we will notify you and provide the effective date: (A) in the App; (B) on the Website; and/or (C) by email to the address in your user profile. Material Modifications are effective upon your continued use of the Service after the effective date. Immaterial modifications are effective upon publication. Disputes will be resolved under the version in effect when the dispute arose. Your sole remedy if you do not agree to any modification is to cease use of the Service and/or cancel your account. You may not amend or modify these Terms.

13. Ownership; Proprietary Rights

The iPolish Service is owned and operated by iPolish. The visual interfaces, graphics, design, compilation, information, data, computer code (including source or object code), products, accessories, software, services, trademarks, trade names, and all other elements of the iPolish Service (“iPolish Materials”) are protected by intellectual‑property and other laws. All iPolish Materials are the property of iPolish or our third‑party licensors. Except as expressly authorized by iPolish, you may not use the iPolish Materials. iPolish reserves all rights not expressly granted. Your use of the iPolish Materials does not vest any right, title, or interest in you. Any goodwill derived from your use of the iPolish Materials inures to iPolish’s benefit. If you acquire any rights in the iPolish Materials, by operation of law or otherwise, such rights are irrevocably assigned to iPolish. You agree, upon request, to execute further agreements necessary to safeguard iPolish’s rights in the iPolish Materials.

14. Independent Contractors / Vendors

iPolish may engage third parties to perform or support portions of the iPolish Service.

15. Feedback

If you choose to provide feedback, input, or suggestions regarding problems with or proposed modifications or improvements to the iPolish Service (“Feedback”), you grant iPolish an unrestricted, perpetual, irrevocable, non‑exclusive, fully paid, royalty‑free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. Any use of Feedback by iPolish will be in a de‑identified and anonymized manner.

16. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the iPolish Service. You shall 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,” and each, an “iPolish Indemnified Party”) from and against every claim, liability, damage, loss, claim for injunctive relief, accusation of a criminal or administrative violation, penalty, expense, fee, or cost (including reasonable professionals’ and attorneys’ fees and costs, and costs of investigation) actually incurred by or threatened against the iPolish Indemnified Parties (each, a “Claim”), arising out of or connected with: (A) your access to, use of, or alleged use of the iPolish Service; (B) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any law or regulation; (C) your violation of any third‑party right, including intellectual‑property, publicity, confidentiality, property, or privacy rights; (D) any dispute or issue between you and any third party; and (E) any claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence by you.

We reserve the right, at your expense, to assume the exclusive defense and control of any Claim subject to indemnification by you (without limiting your indemnification obligations), and you agree to cooperate with our defense.

If a Claim is asserted against an iPolish Indemnified Party, that party will notify you in writing (a “Claim Notice”), specifying the nature and amount (or estimated amount) of the Claim; provided that no defect in the delivery or content of a Claim Notice will relieve you of your obligations under this Section 16.

If you assume the defense of any Claim, you shall not, without the prior written consent of the applicable iPolish Indemnified Party (not to be unreasonably withheld, conditioned, or delayed), consent to any judgment or enter into any settlement or compromise. The parties shall reasonably cooperate and make available information, records, data, and reasonable access to facilities and personnel as may be required in connection with the resolution of such disputes.

17. Disclaimers; No Warranties

THE IPOLISH SERVICE, ALL IPOLISH MATERIALS, AND ALL CONTENT AVAILABLE THROUGH THE IPOLISH SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THE IPOLISH INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE IPOLISH SERVICE, IPOLISH MATERIALS, CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SERVICE, INCLUDING: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON‑INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE, OR ACCURATE. YOU ACKNOWLEDGE AND AGREE THAT IPOLISH IS NOT RESPONSIBLE FOR (A) ANY DECISIONS MADE BY YOU IN CONNECTION WITH THE SERVICE OR (B) ANY DATA TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, WHETHER ACCURATE OR INACCURATE. THE IPOLISH INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION THEREOF, OR ANY IPOLISH MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH ISSUES WILL BE CORRECTED.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY IPOLISH MATERIALS OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE OF WHATEVER NATURE RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU USE THE SERVICE AND DOWNLOAD OR OTHERWISE OBTAIN MATERIALS OR CONTENT AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OF WHATEVER NATURE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA.

THE ABOVE APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS PROHIBIT CERTAIN DISCLAIMERS (E.g., LEGAL GUARANTEES OF CONFORMITY FOR CONSUMERS IN THE EU), AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

18. Limitation of Liability

IN NO EVENT WILL THE IPOLISH INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE IPOLISH SERVICE OR ANY IPOLISH MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY IPOLISH INDEMNIFIED PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH; CLAIMS OF THIRD PARTIES; AND ANY COST OF SUBSTITUTE EQUIPMENT OR SERVICES.

EXCEPT AS PROVIDED IN SECTION 16, IF IPOLISH CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE IPOLISH INDEMNIFIED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO USE THE IPOLISH SERVICE OR (B) ONE HUNDRED DOLLARS ($100), TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THESE LIMITATIONS APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTIONS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. EACH SUCH PROVISION IS SEVERABLE AND INDEPENDENT. THE LIMITATIONS IN THIS SECTION 18 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Force Majeure

iPolish will be excused from performance under these Terms for any period in which it is prevented from or delayed in performing any obligations, in whole or in part, as a result of a Force Majeure Event, including: (A) weather or other acts of God; (B) war, terrorism, insurrection, riots, civil disorder, or rebellion; (C) quarantines or embargoes; (D) labor strikes; (E) telecommunications, network, computer, server, or Internet downtime; (F) unauthorized access to iPolish’s information‑technology systems by third parties; or (G) other causes beyond iPolish’s reasonable control.

20. Governing Law; Venue

To the fullest extent permitted by law, these Terms are governed by the laws of the United States of America and the State of Florida, without regard to conflict‑of‑law principles. If a lawsuit or court proceeding is permitted under these Terms, you and iPolish agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Brevard County, Florida. Both parties irrevocably waive the right to a jury trial. We operate the iPolish Service from the United States and make no representation that iPolish Materials are appropriate or available in other locations.

21. General

These Terms, together with the iPolish Privacy Policy and any other agreements expressly incorporated by reference, are the entire agreement between you and iPolish regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent; any attempted assignment without such consent is void. We may assign these Terms at any time without notice or consent to the fullest extent permitted by law.

The failure to require performance of any provision will not affect our right to require performance thereafter, nor will a waiver of any breach or default be a waiver of any subsequent breach or default. Section headings are for convenience only and do not affect interpretation. If any part of these Terms is held invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remainder will remain in full force and effect. Upon termination of these Terms, Sections 7, 11, and 16–23, together with the Privacy Policy and any other accompanying agreements, will survive.

22. Dispute Resolution and Arbitration

A. Generally. To the fullest extent permitted by law and in the interest of resolving disputes between you and iPolish in the most expedient and cost‑effective manner, you and iPolish agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, unless you are in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution. The determination of the scope, enforceability, or applicability of this Section 22—including whether any claim is subject to arbitration and any dispute regarding the payment of administrative or arbitrator fees—will be resolved exclusively by final and binding arbitration in accordance with this Section 22.

B. Nature of Arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow more limited discovery than in court, and can be subject to limited court review. Arbitrators can award the same damages and relief a court can award. This agreement to arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IPOLISH ARE EACH WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT, A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW.

C. Opt‑Out. You may decline this agreement to arbitrate by emailing info@iPolish.fashion within 30 days of first accepting these Terms and stating that you decline arbitration (include your first and last name and the email used to register).

D. Exceptions. Notwithstanding Section 22(A), this Section does not apply to: (a) any claim that may be brought individually in small‑claims court; (b) any enforcement action through an applicable federal, state, or local agency if available; (c) a claim for injunctive relief in a court of law or equity; or (d) an intellectual‑property infringement claim.

E. Arbitrator; Rules. To the fullest extent permitted by law, any arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer‑Related Disputes (collectively, the “AAA Rules”), as modified by these Terms. The AAA Rules and filing forms are available at https://www.adr.org, by calling 1‑800‑778‑7879, or by contacting iPolish.

F. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if the other party has not provided a current physical address, then by email (“Notice”). iPolish’s address for Notice is: iPolish, Inc., c/o Andrew M. Schwartz, P.A., 4755 Technology Way, Suite 103, Boca Raton, FL 33431, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). The parties will make good‑faith efforts to resolve the claim directly, but if they do not reach agreement within 30 days after the Notice is received, either party may commence arbitration. During the arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, iPolish will pay you the highest of: (a) the amount awarded by the arbitrator; (b) the last written settlement amount offered by iPolish prior to the award; or (c) $1,000.

G. Fees; Location. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Any arbitration hearing will take place at a mutually agreed location in Brevard County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) through a non‑appearance telephone hearing; or (c) by an in‑person hearing under the AAA Rules no more than 100 miles from your billing address or at another location you agree to. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by Fed. R. Civ. P. 11(b)), you agree to reimburse iPolish for all costs and fees, including attorneys’ fees, associated with that claim. The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions. The arbitrator may make rulings regarding payment and reimbursement of fees or expenses at any time and upon request made within 14 days of the ruling on the merits.

H. No Class Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND IPOLISH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND IPOLISH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If a final judicial determination holds that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, that remedy (and only that remedy) must be severed and may be sought in court. Any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of arbitrable claims.

I. Time to Bring a Claim. To the fullest extent permitted by law, no action arising out of or relating to these Terms may be brought by you more than one (1) year after the accrual of the cause of action. All statutes or provisions that would toll or affect the running of this period are waived.

J. Changes to this Arbitration Provision. If iPolish makes any future change to this arbitration provision (other than a change to iPolish’s Notice address), you may reject the change by sending written notice within 30 days to iPolish’s Notice address. Your account will be terminated immediately and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

K. Enforceability. If the class‑action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section 22 shall be void. In that case, the exclusive jurisdiction and venue described in Section 20 will govern. If any other portion of this Section 22 is deemed invalid or unenforceable, it shall not invalidate the remaining portions. If for any reason a dispute proceeds in court rather than arbitration, you and iPolish each waive any right to a jury trial.

23. Notices; Electronic Communications

By using the iPolish Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. You agree that any notices, agreements, disclosures, or other communications we send electronically satisfy any legal requirements that such communications be in writing. All notices from iPolish intended for you are deemed delivered and effective when sent to the email address you provided during registration or when posted on the Service. If you change your email address, you must update it via the procedures set forth in the Service.

By providing your mobile number, you consent to receive text messages at that number for account verification, message notifications, and other purposes related to the Service. While we do not charge for text messages, your carrier may charge standard messaging, data, and other fees. We are not responsible for the timeliness or delivery of messages, as this is outside our control.

24. Notice Regarding Apple App Store and Google Play

You acknowledge that 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 for the App. Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (A) product‑liability claims; (B) claims that the App fails to conform to any legal or regulatory requirement; and (C) claims arising under consumer‑protection or similar legislation. Apple and Google are not responsible for the investigation, defense, settlement, or discharge of any third‑party claim that the App or your possession and use of the App infringes a third party’s intellectual‑property rights. You agree to comply with any applicable third‑party terms when using the App. You represent and warrant that (A) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist‑supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

25. Contact Information

The iPolish Service is offered by iPolish, Inc. You may contact us at info@iPolish.fashion.

Last Revised: November 7, 2025