Terms of Service
READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, A LIMITATION OF LIABILITY, AND A ONE-YEAR LIMITATION ON CLAIMS, ALL OF WHICH AFFECT YOUR LEGAL RIGHTS (SECTIONS 14–17). BY ACCESSING THE SITE OR PURCHASING ANY PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PURCHASE ANY PRODUCT.
1. Acceptance and modification
These Terms of Service ("Terms") form a binding agreement between you and NailScience ("NailScience," "we," "us," or "our"). By accessing or using trynailscience.com (the "Site"), purchasing any NailScience product, or providing any information to us, you accept these Terms and our Privacy Policy, Refund & Returns Policy, Shipping Policy, Medical Disclaimer, and any other policy referenced here, all of which are incorporated by reference.
We may modify these Terms at any time, in our sole discretion, with or without prior notice. The "Last updated" date above reflects the most recent revision. Your continued use of the Site or purchase of any product after any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole remedy is to discontinue use of the Site.
2. Eligibility
You represent and warrant that you are at least 18 years old, have full legal capacity to enter into a binding contract, and that all information you provide is true, accurate, current, and complete. We may refuse service or cancel any order in our sole discretion if you do not satisfy these requirements.
3. Orders, pricing, and payment
- Order acceptance. Your order is an offer to purchase. We may accept or decline any order, in whole or in part, in our sole discretion and for any reason or no reason, including without limitation typographical errors, pricing errors, suspected fraud, return abuse, limited inventory, or violation of these Terms. Acceptance occurs only when we ship the product.
- Pricing errors. All prices and product descriptions are subject to change without notice. If a price or description is incorrect, we reserve the right to cancel any affected order, refund any amount paid, and require re-purchase at the correct price, even after order confirmation. Pricing errors are not binding on us.
- Payment. You authorize us and our payment processors to charge your designated payment method for the full amount of your order, including all applicable taxes, shipping charges, and add-ons. You represent that you are the authorized user of the payment method.
- Taxes. You are responsible for all applicable sales, use, value-added, and similar taxes.
- Promotions. Promotional codes, discounts, and gift offers are at our sole discretion, are limited to one per order unless explicitly stated otherwise, are not transferable, have no cash value, may be revoked or modified at any time, and may not be combined with other offers. We may invalidate codes obtained through fraud, abuse, or unauthorized distribution.
4. Shipping and risk of loss
See the Shipping Policy. Title to the product and risk of loss pass to you upon our delivery of the product to the carrier. We are not responsible for carrier delays, lost or damaged shipments after dispatch, or any consequence of an incorrect address you provided.
5. Returns and refunds
All returns and refunds are governed by the Refund & Returns Policy, which is incorporated into these Terms. The remedies described in that Policy are your sole and exclusive remedies in connection with any product, transaction, or alleged defect, to the maximum extent permitted by applicable law.
6. Medical disclaimer and assumption of risk
NailScience is a cosmetic/OTC nail-care product. It is not a prescription drug or medical device. The Site, product packaging, advertising, and other materials are provided for general informational purposes and are not a substitute for professional medical advice, diagnosis, or treatment. You assume all risk associated with your use of any NailScience product. See the full Medical Disclaimer, which is incorporated into these Terms.
7. Intellectual property
The Site, the NailScience products, and all content, text, graphics, photographs, illustrations, video, audio, animations, source code, designs, trade dress, product names, formulations, and other materials (collectively, "NailScience Content") are owned by NailScience or its licensors and are protected by US and international copyright, trademark, trade-secret, patent, and other laws. "NailScience" and the NailScience logo are trademarks of NailScience. All other trademarks are the property of their respective owners.
You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for personal, non-commercial purposes. No other rights are granted by implication, estoppel, or otherwise. You may not copy, reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, sell, resell, mirror, frame, scrape, data-mine, reverse-engineer, or otherwise exploit any NailScience Content without our prior written consent.
8. User content; license to us
Any reviews, photographs, videos, testimonials, social-media posts, survey responses, suggestions, ideas, feedback, or other content you submit to us or post about us ("User Content") is non-confidential. By submitting User Content, you grant NailScience a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive license to use, host, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, create derivative works of, and commercially and non-commercially exploit your User Content, in any medium now known or later developed, for any purpose and without any obligation to you (including without limitation any obligation of attribution, notice, compensation, or accounting).
You represent and warrant that you own all rights necessary to grant this license, that your User Content does not infringe any third-party right, and that any factual statements made are true and not misleading. You waive any moral rights to the extent permitted by applicable law. We may, but are not obligated to, edit, remove, or refuse to display any User Content for any reason.
9. Acceptable use
You agree not to: (a) use the Site or our products for any unlawful purpose; (b) violate any applicable law or regulation; (c) infringe any intellectual-property or privacy right; (d) circumvent, disable, or otherwise interfere with security-related features of the Site; (e) scrape, crawl, harvest, or otherwise extract data from the Site, including by automated means; (f) reverse-engineer, decompile, or disassemble any NailScience product or Site code; (g) impersonate any person or entity, including any NailScience employee, or misrepresent your affiliation with any person or entity; (h) submit false reviews, fake testimonials, or fraudulent product claims; (i) misuse promo codes, referral programs, or the return process; (j) harass, threaten, or abuse our staff or customer-service representatives; or (k) attempt to do any of the above. We may suspend or terminate your access to the Site at any time, in our sole discretion, with or without notice and without liability.
10. Marketing communications and SMS
By providing your email or mobile number and opting in where required, you consent to receive automated marketing communications, including by email and SMS. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of SMS or use the unsubscribe link in any marketing email. Opting out of marketing does not stop transactional or legal-notice communications. See the Privacy Policy.
11. Disclaimer of warranties
THE SITE, ALL NAILSCIENCE CONTENT, AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAILSCIENCE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY SPECIFIC RESULT WILL BE ACHIEVED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NAILSCIENCE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SITE, ANY NAILSCIENCE PRODUCT, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT, THE SITE, OR THESE TERMS EXCEED THE AMOUNT YOU ACTUALLY PAID TO NAILSCIENCE FOR THE SPECIFIC PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. This limitation applies regardless of the legal theory on which a claim is based, including contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions do not permit the limitation or exclusion of certain damages; in those jurisdictions the foregoing limitations apply only to the maximum extent permitted.
13. Indemnification
You agree to defend, indemnify, and hold harmless NailScience and its parent, affiliates, officers, directors, employees, agents, suppliers, licensors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, proceedings, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of or relating to: (a) your use or misuse of the Site or any NailScience product; (b) any User Content you submit; (c) your violation of these Terms or any policy referenced here; (d) your violation of any law or third-party right; (e) any inaccurate or misleading information you provide; or (f) any act or omission by you in connection with any of the foregoing. We may, at our option and your expense, assume the exclusive defense and control of any matter for which you are obligated to indemnify us, in which case you agree to cooperate fully.
14. Mandatory binding individual arbitration; class-action waiver
READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, NOT IN COURT OR BY JURY OR CLASS ACTION.
You and NailScience agree that any dispute, claim, or controversy arising out of or relating to the Site, any NailScience product, any marketing or communication, these Terms, or the relationship between you and NailScience (each, a "Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the Dispute arose before or arises during or after the termination of these Terms, will be resolved exclusively by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules in effect at the time the arbitration is commenced. Arbitration will be conducted by a single arbitrator. The arbitration will be conducted in the State of Delaware, or, by mutual agreement, by videoconference or in another location convenient for both parties. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Class-action, collective-action, and representative-action waiver. You and NailScience 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, collective, consolidated, mass, or representative action or proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any form of class, collective, or representative proceeding. If this class-action waiver is held unenforceable, then the entirety of this Section 14 (other than this sentence and Section 14's exceptions) is null and void as to that particular Dispute, and the Dispute will be litigated in a court of competent jurisdiction in Delaware in accordance with Section 15.
Jury-trial waiver. You and NailScience each knowingly, voluntarily, and intentionally waive any right to a trial by jury for any claim or cause of action that is not subject to arbitration.
Exceptions. Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court for a Dispute that qualifies; or (b) seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of its intellectual-property rights, confidential information, or non-payment of amounts owed.
30-day arbitration opt-out. You may opt out of this arbitration agreement by sending signed written notice to NailScience within thirty (30) days of your first purchase by email to legal@trynailscience.com with the subject line "Arbitration Opt-Out." The notice must include your full legal name, the email and shipping address used for your purchase, the order number, and a clear statement that you decline to be bound by this arbitration agreement. Opt-out notices that do not strictly comply with these requirements are not effective. If you opt out, all other provisions of these Terms, including the class-action waiver and choice of law, continue to apply.
One-year limitation. Any Dispute or claim must be commenced (whether in arbitration or, if applicable, in court) within one (1) year after the cause of action arose; otherwise, the claim is permanently barred. This limitation applies to the maximum extent permitted by applicable law.
15. Governing law and venue
These Terms, and any Dispute not subject to arbitration, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for any Dispute not subject to arbitration is the state or federal courts located in New Castle County, Delaware, and you irrevocably consent to the personal jurisdiction and exclusive venue of those courts.
16. No third-party beneficiaries
These Terms confer no rights on any third party. The Indemnified Parties identified in Section 13 are intended third-party beneficiaries of these Terms.
17. Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent, and any attempt to do so is void. We may assign or transfer our rights and obligations at any time without notice or consent.
18. Force majeure
We are not liable for any delay or failure to perform any obligation under these Terms to the extent caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, pandemic, epidemic, labor disputes, supplier failures, internet or utility outages, carrier delays, or cyberattacks.
19. Severability; no waiver
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision, and no waiver is effective unless in a writing signed by an authorized NailScience representative.
20. Entire agreement
These Terms, together with the Privacy Policy, Refund & Returns Policy, Shipping Policy, Medical Disclaimer, and any other policies referenced here, constitute the entire agreement between you and NailScience regarding the Site and our products, and supersede all prior or contemporaneous understandings, communications, and agreements, whether oral or written. No statement, promise, or representation made by any NailScience employee, agent, or representative outside these Terms is binding on us.