Terms of service

Effective Date: June 2, 2025

OVERVIEW
This website, trynailz.com, is operated by Nailz ("Nailz", "we", "us", or "our"). By accessing our website or purchasing products or services, including our Nail Growth Pen or subscription services (collectively, the "Service"), you agree to be bound by these Terms of Service ("ToS"), including all policies referenced herein, such as our Privacy Policy and Refund Policy. These ToS apply to all users, including browsers, customers, vendors, and contributors of content.

If you do not agree to these ToS, you may not access or use the Service. We reserve the right to update these ToS at any time, with changes posted on this page. Your continued use of the Service after changes constitutes acceptance. It is your responsibility to review this page periodically.

Our store is hosted on Shopify Inc., which provides the e-commerce platform for our products and services.

SECTION 1 - ELIGIBILITY
By using the Service, you represent that you are at least 18 years old or the age of majority in your jurisdiction and have the legal capacity to enter this agreement. If you are a parent or guardian allowing a minor to use the Service, you agree to be bound by these ToS on their behalf.

SECTION 2 - SERVICE DESCRIPTION
Nailz offers a Nail Growth Pen and related products designed to promote nail health. Subscription services may include recurring deliveries of products, as described at checkout. All marketing claims, including references to "stem cells" or "nail growth," are for informational purposes only and are not guaranteed to produce specific results. Individual results may vary, and you should consult a healthcare professional if you have concerns about product efficacy or safety.

SECTION 3 - PRODUCT SAFETY AND LIABILITY
Before using our products, you agree to read all provided information, including labels, packaging, and safety instructions at https://trynailz.com/pages/safety-instructions. You agree to perform a patch test to ensure no allergic reactions. By using our products, you assume all risks of adverse reactions, including allergic reactions or skin irritation, and agree to follow safety instructions and discontinue use if reactions occur. Nailz is not liable for personal injury or damages resulting from misuse or failure to follow instructions.

SECTION 4 - SUBSCRIPTION SERVICES
(a) Billing and Authorization: Subscriptions involve recurring charges for product deliveries at intervals specified at checkout (e.g., monthly, quarterly). You authorize Nailz to charge your payment method automatically, including applicable taxes, until cancellation. You agree to keep payment information current.
(b) Cancellation: You may cancel your subscription at any time via your account portal or by emailing contact@trynailz.com. Cancellations take effect at the end of the current billing cycle, with no further charges. No refunds are issued for the remaining billing cycle.
(c) Price Changes: We may adjust subscription pricing with at least 30 days’ notice via email or account notification. New prices apply to the next billing cycle. You may cancel if you do not agree to the change.
(d) Non-Payment: If payment fails, we may suspend or terminate your subscription and pursue collection, including late fees or third-party agencies.
(e) Compliance: Subscription terms are disclosed at checkout and in confirmation emails, per Texas Business and Commerce Code § 604 and the Restore Online Shoppers’ Confidence Act (ROSCA).
(f) Refunds: Subscription refunds are governed by our Refund Policy.

SECTION 5 - INTERNATIONAL CUSTOMERS
International customers are responsible for complying with local laws and regulations regarding product use. Nailz is not liable for customs delays, duties, or issues arising from international shipping.

SECTION 6 - PROHIBITED USES
You may not use the Service for unlawful purposes, to violate laws (e.g., copyright, consumer protection), or to transmit harmful code. Prohibited activities include reproducing, reselling, or exploiting the Service without written permission. Violations may result in immediate termination of access.

SECTION 7 - ACCURACY OF INFORMATION
Information on our site, including product descriptions and marketing materials, is provided for general purposes and is not guaranteed to be accurate or complete. We disclaim liability for reliance on such information, except as required by law. You are responsible for verifying claims with independent sources.

SECTION 8 - BILLING AND PAYMENTS
You agree to provide accurate billing information and authorize Nailz to charge your payment method for all purchases, including subscriptions. We may limit or cancel orders at our discretion, with notification via email or phone. Unauthorized orders may be prohibited. Nailz uses third-party payment processors (e.g., Shopify Payments, PayPal), and you consent to their terms and data sharing to complete transactions.

SECTION 9 - REFUND POLICY
Our Refund Policy governs returns and refunds, including our 30-day risk-free trial. Eligible products may be returned within 30 days for a full refund, subject to conditions. Refunds are processed within 14 days of receiving the returned product.

SECTION 10 - THIRD-PARTY LINKS AND TOOLS
The Service may include third-party links or tools provided "as is" without warranties. We are not liable for damages arising from your use of third-party content or services. You should review third-party terms and policies.

SECTION 11 - USER SUBMISSIONS
Submissions (e.g., feedback, contest entries) may be used by Nailz without restriction or compensation. You are responsible for ensuring submissions do not violate third-party rights or contain unlawful content. We may monitor or remove objectionable content.

SECTION 12 - PRIVACY
Your personal information is governed by our Privacy Policy, compliant with Texas and federal data protection laws. We use industry-standard encryption but are not liable for breaches caused by third-party platforms unless due to our negligence.

SECTION 13 - MARKETING AND INTELLECTUAL PROPERTY
Our marketing materials are for informational purposes and do not imply third-party endorsement. Comparisons to other products are based on objective testing, available upon request. Our products are independently designed and do not infringe third-party intellectual property. Any performance claims are subject to our testing data and not guaranteed.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS
The site may contain errors in product descriptions, pricing, or availability. We may correct errors, update information, or cancel orders without prior notice, even after submission, without liability, except as required by law.

SECTION 15 - CONSUMER PROTECTION COMPLIANCE
Nailz complies with Texas and federal consumer protection laws, including the Texas Deceptive Trade Practices Act (DTPA) and FTC regulations. Our Refund Policy and delivery timelines meet these standards. If delivery is delayed beyond 30 days, you may request a refund per the FTC Mail Order Rule.

SECTION 16 - REGULATORY COMPLIANCE
Nailz products are sold as cosmetics and are not intended to diagnose, treat, cure, or prevent any disease. Statements have not been evaluated by the FDA. We comply with FDA cosmetic regulations (e.g., labeling, safety) and FTC advertising rules (e.g., claim substantiation). Compliance does not imply FDA approval.

SECTION 17 - FORCE MAJEURE
Nailz is not liable for delays or failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, supply chain disruptions, or governmental actions.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and products are provided "as is" without warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free Service or specific results from product use. To the maximum extent permitted by Texas law, Nailz’s total liability for any claim shall not exceed the amount paid for the product. We are not liable for indirect, incidental, punitive, or consequential damages, including lost profits or data, even if advised of their possibility. Some jurisdictions may not allow certain limitations, so our liability is limited to the fullest extent permitted.

SECTION 19 - INDEMNIFICATION
You agree to indemnify and hold harmless Nailz, its affiliates, and agents from any third-party claims, including attorneys’ fees, arising from your breach of these ToS, violation of law, or infringement of third-party rights.

SECTION 20 - DISPUTE RESOLUTION; ARBITRATION
(a) Arbitration: Any dispute arising from these ToS or the Service shall be resolved through binding arbitration in Austin, Texas, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted by a single arbitrator, and the decision is final and binding.
(b) Class Action Waiver: You agree to resolve disputes individually, not as part of a class, consolidated, or representative action. No arbitrator may award class-wide relief.
(c) Jury Trial Waiver: You waive any right to a jury trial for disputes related to these ToS or the Service.
(d) Costs: Each party bears its own arbitration costs, except as provided by AAA rules.
(e) Exceptions: You may pursue small claims in Travis County, Texas, or seek injunctive relief in court for irreparable harm.
(f) Time Limit: Claims must be filed within one year of the event giving rise to them, or they are barred.
(g) Unenforceability: If arbitration is unenforceable, disputes shall be resolved in state or federal courts in Travis County, Texas.

SECTION 21 - GOVERNING LAW AND JURISDICTION
These ToS are governed by the laws of the State of Texas, without regard to conflict of law principles. Non-arbitrable claims shall be brought exclusively in state or federal courts in Travis County, Texas.

SECTION 22 - SEVERABILITY
If any provision is deemed unenforceable, it shall be enforced to the fullest extent permitted, and other provisions remain unaffected.

SECTION 23 - TERMINATION
These ToS remain effective until terminated by you or us. You may terminate by ceasing use of the Service. We may terminate for non-compliance, with you liable for amounts due. Obligations survive termination.

SECTION 24 - ENTIRE AGREEMENT
These ToS, including referenced policies, constitute the entire agreement, superseding prior agreements. Our failure to enforce a provision does not waive it. Ambiguities are not construed against the drafting party.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@trynailz.com