Terms of service

Effective Date: 10/5/2025
Last Updated: 10/5/2025

OVERVIEW

Welcome to I AM SKINCARE! The terms "we", "us" and "our" refer to I AM SKINCARE, a California-based company. I AM SKINCARE operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). I AM SKINCARE is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, product safety information, and mandatory arbitration of disputes.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or the age of majority in your state or province of residence, whichever is greater. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. You agree to notify us immediately of any unauthorized access to or use of your account.

SECTION 2 - IMPORTANT PRODUCT INFORMATION FOR SKINCARE PRODUCTS

2.1 Nature of Products

All products sold through our Services are cosmetic skincare products intended for topical use only. Our products are not drugs and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. You should not rely on our products as a substitute for professional medical advice, diagnosis, or treatment.

2.2 Individual Results May Vary

Skincare products affect each person differently based on individual skin type, condition, sensitivity, allergies, lifestyle, and other factors. We make no guarantee that any product will produce specific results for you. Any testimonials, reviews, or before-and-after images represent individual experiences and do not guarantee that you will achieve the same or similar results.

2.3 Allergy and Sensitivity Warnings

IMPORTANT: Before using any new skincare product, you should:

Carefully read all ingredient lists on product packaging
Perform a patch test on a small area of skin (such as inner forearm) and wait 24-48 hours to check for adverse reactions
Discontinue use immediately if you experience redness, itching, burning, swelling, rash, or other signs of irritation
Avoid contact with eyes, mucous membranes, and broken or irritated skin unless product is specifically designed for such use
Keep products out of reach of children and pets

If you have known allergies or sensitivities to any cosmetic ingredients, you are solely responsible for reviewing ingredient lists before purchase and use. Common allergens in skincare products may include but are not limited to: fragrances, essential oils, preservatives, botanical extracts, and certain active ingredients.

2.4 Consultation with Healthcare Professionals

You should consult with a dermatologist, physician, or other qualified healthcare professional before using our products if you:

Are pregnant or nursing
Have a skin condition (eczema, psoriasis, rosacea, acne, etc.)
Are currently using prescription skincare medications
Have sensitive or reactive skin
Have any concerns about product use or ingredient interactions

2.5 Sun Sensitivity

Some skincare ingredients may increase your skin's sensitivity to the sun and particularly the possibility of sunburn. When using products containing active ingredients such as retinoids, AHAs, BHAs, or vitamin C, use sunscreen, wear protective clothing, and limit sun exposure while using the product and for a week afterwards.

2.6 Product Storage and Shelf Life

Store all products according to package directions. Most skincare products should be stored in a cool, dry place away from direct sunlight. Do not use products past their expiration date or if the product's appearance, texture, or smell has changed. Expired or improperly stored products may be less effective or cause irritation.

2.7 Product Appearance

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. Product texture, scent, and color may vary slightly between batches due to natural ingredient variations.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - REPORTING ADVERSE REACTIONS

3.1 How to Report

If you experience any adverse reaction, injury, or unexpected side effect from using our products, please:

Discontinue use immediately
Seek medical attention if the reaction is severe
Report the incident to us within 48 hours by emailing [SAFETY EMAIL] with:

Your name and contact information
Product name and batch/lot number (found on product packaging)
Date of purchase and first use
Description of the adverse reaction
Photos (if applicable)
Any medical treatment received

3.2 Our Response

Upon receiving a report of an adverse reaction, we will:

Respond within 2 business days
Investigate the incident
Coordinate with our suppliers/manufacturers if necessary
Document the incident in compliance with applicable regulations
Provide information about returns or refunds as appropriate

3.3 FDA Reporting

Serious adverse reactions may also be reported to the FDA's MedWatch program at www.fda.gov/medwatch or by calling 1-800-FDA-1088.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. I AM SKINCARE reserves the right to accept or decline your order for any reason at its discretion, including but not limited to product availability, errors in pricing or product information, suspected fraud, or other reasons. Your order is not accepted until I AM SKINCARE confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as I AM SKINCARE may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Returns Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, export, or distribution. Bulk purchases or commercial use require prior written authorization from I AM SKINCARE.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Sales tax will be charged on orders shipped to California addresses and other jurisdictions where required by law.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 7 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, natural disasters, or other events outside our reasonable control.

Risk of Loss: Once we transfer products to the carrier, title and risk of loss pass to you. We recommend purchasing shipping insurance for high-value orders.

Product Condition Upon Delivery: Inspect products upon delivery. If products arrive damaged, leaking, or appear tampered with, do not use them. Contact us within 48 hours with photos for a replacement or refund. Do not use products that appear damaged or compromised, as this may pose safety risks.

Temperature-Sensitive Products: Some skincare products may be sensitive to extreme temperatures. We are not liable for product degradation due to exposure to extreme heat or cold during shipping, particularly if products are left in mailboxes or on porches in extreme weather.

SECTION 8 - RETURNS, REFUNDS, AND DEFECTIVE PRODUCTS

Please refer to our complete Returns Policy for detailed information. In summary:

8.1 General Returns

Products must be unused and in original packaging
Refunds processed within 3-10 business days from we receive the item

8.2 Defective or Damaged Products

If you receive a defective, damaged, or mislabeled product:

Contact us within 7 days of delivery
We will provide a prepaid return label
Full refund or replacement will be provided
No restocking fees for defective items

8.3 Products Causing Adverse Reactions

If a product causes an adverse reaction:

Discontinue use immediately and seek medical attention if needed
Report the reaction to us (see Section 4)
Return is not required for safety reasons
Refund will be provided upon verification

8.4 California Consumer Rights

California residents have additional consumer protection rights under California Civil Code. Nothing in these Terms limits your rights under California law, including rights under the California Consumer Legal Remedies Act.

SECTION 9 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by I AM SKINCARE, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of I AM SKINCARE, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by I AM SKINCARE.

I AM SKINCARE's names, logos, product and service names, designs, and slogans are trademarks of I AM SKINCARE or its affiliates or licensors. You must not use such trademarks without the prior written permission of I AM SKINCARE. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 10 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 12 - RELATIONSHIP WITH SHOPIFY

I AM SKINCARE is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with I AM SKINCARE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and I AM SKINCARE, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with I AM SKINCARE.

SECTION 13 - FEEDBACK AND USER CONTENT

13.1 License to Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, photographs, videos, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

13.2 Representations and Warranties

You represent and warrant that:

You own or have all necessary rights to all Feedback
You have disclosed any compensation or incentives received in connection with your submission of Feedback
Your Feedback complies with these Terms
Your Feedback is truthful and reflects your genuine experience
Your Feedback does not violate any third-party rights

13.3 Product Reviews and Testimonials

If you submit a product review or testimonial:

It must be based on your actual experience with the product
You must disclose if you received the product for free or at a discount
You may not make false or misleading claims
You acknowledge that individual results vary and others may not achieve the same results
We may edit reviews for length, clarity, or to remove inappropriate content
We reserve the right to remove reviews that violate these Terms

13.4 Our Rights and Obligations

We are and shall be under no obligation to:

Maintain your Feedback in confidence
Pay compensation for your Feedback
Respond to your Feedback

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

13.5 Your Responsibilities

You agree that your Feedback will not:

Violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right
Contain libelous or otherwise unlawful, abusive or obscene content
Contain any computer virus or other malware that could in any way affect the operation of the Services or any related website
Use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, ingredient lists, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

If we discover an error in pricing, we will notify you and give you the option to proceed with the order at the correct price or cancel the order for a full refund.

We undertake no obligation to update, amend or clarify information in the Services or on any related website, except as required by law.

SECTION 15 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm I AM SKINCARE, Shopify or users of the Services, or expose them to liability; (j) to purchase products with the intent to resell without authorization; (k) to make false claims about our products or misrepresent their ingredients, safety, or efficacy.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Upon termination:

Your right to use the Services will immediately cease
Any outstanding orders may be canceled
Subscription services will be canceled (with refunds as applicable)
Sections that by their nature should survive termination will remain in effect

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration Agreement, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY I AM SKINCARE OR AS REQUIRED BY LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

IMPORTANT LIMITATION: This disclaimer does not apply to warranties that cannot be excluded or limited under applicable law, including warranties against defects that cause personal injury. We cannot and do not disclaim liability for:

Personal injury caused by defective products
Gross negligence or willful misconduct
Violations of consumer protection laws
Other rights that cannot be waived under California or federal law

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not fully apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

SECTION 18 - LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I AM SKINCARE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

HOWEVER, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

Death or personal injury caused by our negligence or that of our employees or agents
Fraud or fraudulent misrepresentation
Defective products that cause personal injury under product liability law
Gross negligence or willful misconduct
Any liability that cannot be excluded or limited under applicable law

CALIFORNIA RESIDENTS: Under California Civil Code Section 1542, you may have additional rights. This section states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You hereby waive any rights you may have under Section 1542 with respect to claims you know about at the time you agree to these Terms.

CAP ON LIABILITY: Where permitted by law, our total liability to you for all claims arising from or related to the Services or any products shall not exceed the amount you paid us for the product(s) that gave rise to the claim, or $100, whichever is greater.

This limitation of liability section does not apply to residents of New Jersey or other jurisdictions where such limitations are not permitted.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless I AM SKINCARE, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, demands, or expenses, including reasonable attorneys' fees, arising out of or related to:

Your breach of these Terms of Service or the documents they incorporate by reference
Your violation of any law or the rights of a third party
Your access to and use of the Services
Your use or misuse of any products purchased through the Services
Your Feedback or any content you submit
Your violation of any third-party intellectual property rights

Exceptions: You are not required to indemnify us for claims arising from:

Our gross negligence or willful misconduct
Defective products (unless the defect resulted from your misuse)
Our breach of these Terms

Process: We will notify you promptly of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 20 - DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Informal Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [EMAIL]. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or we may bring a formal proceeding.

22.2 Binding Arbitration

Agreement to Arbitrate: You and I AM SKINCARE agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Exceptions to Arbitration: The following disputes are not subject to arbitration:

Individual claims in small claims court (up to the jurisdictional limit)
Claims for injunctive relief for intellectual property infringement
Any dispute that cannot be arbitrated under applicable law

Arbitration Rules: The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted in Los Angeles County, California, or at another mutually agreeable location. The arbitration will be conducted in English.

Costs: Each party will bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous or brought for an improper purpose. The party bringing the arbitration will pay the JAMS filing fee, and we will pay the remaining JAMS fees and costs.

No Class Actions: YOU AND I AM SKINCARE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Opt-Out Right: You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [ADDRESS] with your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but you will not be bound by this arbitration provision.

Severability: If any portion of this arbitration provision is found to be unenforceable,