POLICIES
We believe clarity builds confidence. Please take a moment to review our policies, disclaimers, and terms designed to keep your experience simple, secure, and respectful.
PRIVACY POLICY
Last updated September 26, 2025
This privacy notice for Tress LLC (“we,” “us,” or “our”), describes how and why we might collect, store, use, disclose and/or process your personal information when you use our services (“Services”), such as when you:
- Visit our website at www.TressNow.com, or any website of ours that links to this privacy notice
- Use our mobile application (the TressCheck app)
- Engage with us in other related ways, including any sales, marketing, or events
By using these Services, you signify your acceptance of this privacy notice. If you do not agree to this privacy notice, please do not use the Services. We may change this privacy notice from time to time by posting changes at this URL and may send notification emails. Your continued use of the Services following the posting of such changes will be deemed your acceptance of those changes.
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at ContactUs@TressNow.com.
SUMMARY OF KEY POINTS
What personal information do we process?
When you visit, access, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. We process Service Data according to the instructions provided by our customers, who act as data controllers. Our role is limited to a data processor, and we do not control or own the Service Data.
Do we process any sensitive personal information?
We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law.
Do we receive any information from third parties?
We do not receive any information from third parties.
How do we process your information?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information?
We share your information with our partners, service providers, contractors, agents, and third-party vendors as they need it to fulfill Services or orders, or for other requests you make of us. We may also share your information to comply with law or for other legitimate business interests which we will notify you about and seek your consent.
What are your rights?
Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights?
The easiest way to exercise your rights is by contacting us at ContactUs@TressNow.com. We will consider and act upon any request in accordance with applicable data protection laws.
TABLE OF CONTENTS
- WHAT INFORMATION DO WE COLLECT?
- HOW DO WE PROCESS YOUR INFORMATION?
- WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
- DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
- HOW LONG DO WE KEEP YOUR INFORMATION?
- DO WE KEEP YOUR INFORMATION SAFE?
- DO WE COLLECT INFORMATION FROM MINORS?
- WHAT ARE YOUR PRIVACY RIGHTS?
- CONTROLS FOR DO-NOT-TRACK FEATURES
- DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
- DO WE MAKE UPDATES TO THIS NOTICE?
- HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
- HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1.WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you visit, access, use, or navigate our Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. If you do not consent to this Privacy Policy for any reason, please do not use the Services or share your information with us.
Personal Information Provided by You.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
- First and last name
- email addresses
- contact preferences
- contact or authentication data
- billing addresses
- subscription and usage details (for example, scans purchased or scans remaining on your account)
Sensitive Information.
When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
- limited product-related data that may suggest health or cosmetic concerns (for example, scanning hair products for potentially harmful ingredients). We do not collect or process medical records or clinical health data.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you to access certain functionality of the Services, such as those mentioned above or below including tracking your preferences, subscribing to a newsletter, or initiating other such actions.
Information automatically collected
Some information such as your Internet Protocol (IP) address and/or browser and device characteristics is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies, log files, web beacons, device identifiers, advertising identifiers and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and usage data related to the Services is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include
- information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
- Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device.
However, if you choose to opt out, you may not be able to use certain aspects of the Services.
- Payment Processing. We use several payment processors such as Stripe for payment, analytics and other business services. These processors collect identifying information about the devices that connect to its services. They use this information to operate and improve the services it provides to us, including for fraud detection.
- Authentication. Additionally, you may provide personal information to us to facilitate your access to and interaction with a third-party provider, to verify your identify and access the Services (each, a “Provider”). If you direct us to provide personal information to such Provider, any usage of that information will be subject to the agreement(s) in place between you and such Provider.
2.HOW DO WE PROCESS YOUR INFORMATION?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other business purposes with your consent.
We process Service Data according to the instructions provided by our customers, who act as data controllers. Our role is limited to a data processor, and we do not control or own the Service Data.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
- To facilitate account creation and authentication and otherwise manage user accounts. See Authentication under Section 1 above.
- To deliver and facilitate delivery of Services to the user. We may process your information to provide you with the requested Service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
- To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
- To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
- To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
- To evaluate and improve our Services, products, and your experience. We may process your information when we believe it is necessary to identify usage trends, and to evaluate and improve our Services, products, and your experience.
- To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
- To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
3.WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may share information in specific situations described in this section and/or with the following third parties. We do not sell your personal information to third parties.
Vendors, Consultants, and Other Third-Party Service Providers.
We may share your data with third- party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to provide the Services. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The third parties we may share personal information with are as follows:
- Zoho
We also may need to share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
International Data Transfers
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
USE OF DATA FROM GOOGLE APIs
If our Services utilize any Google APIs to access user data from Google services, we will not use or share that Google-sourced data for any artificial intelligence model training or evaluation purposes. We will only use data from Google APIs for the purpose of providing and improving our Services to
you. However, your personal information will never be transferred, delivered, or made available to or otherwise used to train a generative AI product.
4.DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.
5.HOW LONG DO WE KEEP YOUR INFORMATION?
We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us or longer than permitted by applicable law.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
6.HOW DO WE KEEP YOUR INFORMATION SAFE?
We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
Data Protection Officer (DPO)
To ensure ongoing compliance with the GDPR, we have appointed a Data Protection Officer (DPO). Our DPO is responsible for overseeing our data protection strategies and implementation to secure compliance with GDPR requirements. You can contact our DPO at ContactUs@TressNow.com.
7.DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at ContactUs@TressNow.com.
We comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect Personal Data from children under the age of 13 without verifiable parental consent. If you are a parent or guardian and believe that your child has provided us with Personal Data without your consent, please contact us at ContactUs@TressNow.com.If we become aware that we have collected Personal Data from a child under age 13 without verification of parental consent, we will take steps to remove that information from our servers.
8.WHAT ARE YOUR PRIVACY RIGHTS?
You may review, change, or terminate your account at any time.
If you are within the European Economic Area (EEA) or Switzerland, you have the right to:
Access: Request copies of your personal data that we hold. We will provide this information within one month of your request at no charge.
Rectification: Request that we correct any information you believe is inaccurate or complete any information you believe is incomplete.
Erasure (“Right to be Forgotten”): Request that we erase your personal data under certain conditions.
Restrict Processing: Request that we restrict the processing of your personal data under certain conditions.
Data Portability: Request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
Object: Object to our processing of your personal data under certain conditions, including your right to object to direct marketing.
Withdraw Consent: Where we rely on your consent to process personal data, you have the right to withdraw that consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
For any such requests, please contact us at ContactUs@TressNow.com.
Consent and Communication: By using our Services, you consent to the collection, use, and sharing of your information as outlined in this Privacy Policy. We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority.
You can find their contact details here: https://ec.europa.eu/justice/data- protection/bodies/authorities/index_en.htm. If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
For the storage and processing of your data, it may be necessary to transfer your data to locations outside the European Economic Area (EEA). In these cases, we transfer personal data only to countries that have been deemed to provide an adequate level of data protection by the European Commission, or we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
GDPR Compliance Measures
Our GDPR compliance includes data protection impact assessments, enhanced data protection features in our IT infrastructure, and regular GDPR training for our staff. We have implemented safeguards and data handling procedures that meet GDPR standards. This includes using encryption for data at rest and in transit, conducting regular security assessments, and maintaining comprehensive data logs to monitor access and alterations to your data.
Legal Basis for Processing Personal Data Under GDPR
We process your personal data based on the following legal grounds:
Consent: We may process your data if you have given us explicit consent to use your personal data for a specific purpose.
Contract: Processing your data is necessary for a contract you have with us, or because you have asked us to take specific steps before entering into a contract.
Legal Obligations: Processing your data is necessary for compliance with a legal obligation to which we are subject.
Legitimate Interests: Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms.
Withdrawing your consent:
If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications:
You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. You will then be removed from the marketing lists.
However, we may still communicate with you, for example, to send you Service-related messages that are necessary for the administration and use of your account, to respond to Service requests, or for other non- marketing purposes.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
How to Exercise Your GDPR Rights
You can exercise any of your GDPR rights by contacting us directly through our designated channels. We will respond to all requests from individuals wishing to exercise their data protection rights in accordance with GDPR requirements. Please contact us at ContactUs@TressNow.com to exercise your rights.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.
If you have questions or comments about your privacy rights, you may email us at ContactUs@TressNow.com.
10.DO UNITED STATES RESIDENTS HAVE CERTAIN STATE PRIVACY RIGHTS?
If you are a resident of certain states, you may be granted specific rights regarding access to your personal information.
California
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately
preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
Additionally, you have the right to opt out from the Company collecting your personal information.
However, some information about you may be required in order for you to access certain functionality of the Services, such as those mentioned in this Privacy Policy. Opting out of the Company collecting your personal information may impact this functionality.
CCPA Privacy Notice
This notice is provided to California residents pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”) to explain how we collect, use and share their personal information, and the rights and choices we offer California residents regarding our handling of their personal information, which the CCPA currently defines as “information that identifies, relates to, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
If you are a California resident, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category Examples Collected
- Identifiers Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name YES
- Personal information categories listed in the California Customer Records statute Name, contact information, education, employment, employment history, and financial information YES
- Protected classification characteristics under state or federal law Gender and date of birth NO
- Commercial information Transaction information, purchase history, financial details, and payment information YES
- Biometric information Fingerprints and voiceprints NO
- Internet or other similar network activity Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements YES
- Geolocation data Precise Device location YES
- Audio, electronic, visual, thermal, olfactory, or similar information Images and audio, video or call recordings created in connection with our business activities YES
- Professional or employment-related information Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us NO
- Education Information Student records and directory information NO
- Inferences drawn from collected personal information Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics NO
- Sensitive personal Information NO
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by email at ContactUs@TressNow.com, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information.
We have not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We have disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
- Category A. Identifiers, such as contact details like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
- Category B. Personal Information, as defined in applicable laws and regulations, such as your name, contact information, education, employment, employment history, and financial information.
- Category C. Characteristics of protected classifications under California or federal law and regulations, such as gender or date of birth.
- Category D. Commercial information, such as transaction information and purchase history.
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?”
How long do we retain your personal data?
We will retain your personal information for a period of time consistent with the original purpose of collection or as long as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our agreements.
We determine the appropriate retention period for personal information on the basis of the amount, nature, and sensitivity of the personal information being processed, the potential risk of harm from unauthorized use or disclosure of the personal information, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiration of the applicable retention periods, your personal information will be deleted.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information through submitting a verified request. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you. We may not fulfill requests unless you have provided sufficient information for us to reasonably verify that you are the data subject from whom we collected personal information, as well as sufficient details necessary to help us handle the request.
Other privacy rights
- You may object to the processing of your personal information.
- You may request correction of your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the information.
- You can designate an authorized agent to make a request under the CCPA on your behalf.
We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- You may request to opt out from future selling of your personal information to third parties.
Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.
To exercise these rights, you can contact us by email at ContactUs@TressNow.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
11.DO WE MAKE UPDATES TO THIS NOTICE?
Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
12.HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at ContactUs@TressNow.com or by post to:
11175 Azusa Court Suite 110 Rancho Cucamonga, CA 91730
13.HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on applicable laws, you may have the right to access, modify, or delete your personal data. To request review, update, or deletion, please email ContactUs@TressNow.com.
TERMS OF SERVICE
Last Updated: September 29, 2025
Introduction
These Terms of Service govern your access to and use of the Tress website, mobile application, and related services (collectively, the “Platform”), operated by Tress LLC (“Tress”, “we”, “us”, or “our”).
By accessing or using the Platform, you (“you”, “User”, or “Subscriber”) agree to be legally bound by these Terms. If you do not agree, you must not use the Platform. If any User does not agree to the Terms, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.
Platform Role and Definitions
Tress operates a subscription-based software platform that enables users to scan or input hair- care product ingredient information and receive educational, ingredient-focused analysis through the “TressCheck” feature (the “Services”). Tress is not a manufacturer, distributor, reseller, or seller of hair products and does not test, certify, guarantee, or warrant the safety, efficacy, or performance of any third-party products. The Platform provides informational outputs only and is not a substitute for professional medical or dermatological advice. Users must review manufacturer labels and follow all manufacturer directions before use.
Tress may make available different access models, including pay-per-scan, Basic (10 scans/month), and Pro (30 scans/month) subscriptions. Usage is metered via scan credits, and certain features (e.g., community education, partner content) may be added or modified over time.
The Platform may reference third-party ingredient databases, public labeling information, and user-submitted content. Tress does not control or guarantee the completeness, timeliness, or accuracy of third-party information and does not endorse any product or brand.
Tress does not provide medical, dermatological, or other professional advice; does not verify every ingredient list or product change in real time; and does not guarantee that any third-party product is safe, non-irritating, allergen-free, or suitable for a particular person or use case. Users remain solely responsible for product selection and use, for reading and following manufacturer labels and warnings, and for consulting qualified professionals regarding allergies, sensitivities, or conditions.
Key Definitions
“User” or “Subscriber” means any individual who accesses or uses the Platform, including free, pay-per-scan, Basic, or Pro tier users.
- “Account” means a registered profile used to authenticate access and manage subscription settings, billing, and scan usage.
- “Services” means the software functionality of the Platform, including account creation, subscription and credit management, ingredient parsing, analytical outputs (including Scan Results), dashboards, and educational content delivery.
- “TressCheck” means the feature that processes submitted product information to generate ingredient-based insights and educational risk information for personal use.
- “Scan Results” means ingredient listings, flags, summaries, scores, or other analytical outputs generated by TressCheck; Scan Results are informational and not medical or safety determinations.
- “Content” means text, graphics, data, results, and other materials made available by Tress on the Platform; “User Content” means content a User submits (e.g., lists, notes, comments).
- “Third-Party Services” means independent services integrated with or linked from the Platform (e.g., payment processors, retailers, informational databases), which are governed by their own terms and privacy policies.
- “Beta Features” means any pre-release or experimental functionality that Tress may offer on an opt-in basis; Beta Features are provided “as is,” may be modified or withdrawn, and may be subject to additional terms.
Hair Product Use Disclaimer and Assumption of Risk
Despite our efforts to present accurate ingredient-related information, Tress does not and cannot guarantee that any third-party hair-care product’s formulation, labeling, or ingredient disclosures are current, complete, non-irritating, allergen-free, or suitable for your particular use.
Product information (e.g., ingredient lists, warnings, certifications) may originate from manufacturers, public databases, or user submissions and may be incomplete, inaccurate, or outdated. Tress does not independently test products or audit manufacturer facilities.
Users are solely responsible for:
- Carefully reading all product labels, packaging, instructions, and warnings before use;
- Contacting the product manufacturer or retailer with any questions regarding ingredients, allergens, sensitivities, or formulation changes;
- Consulting a licensed dermatologist or physician about scalp conditions, allergies, or sensitivities before using, combining, or discontinuing any hair product; and conducting a small-area patch test prior to first use, especially if you have a history of reactions.
Users knowingly and voluntarily assume all risks associated with purchasing or using hair-care products, including risks of allergic reactions (including anaphylaxis), irritation, sensitization, scalp conditions, hair damage or breakage, discoloration, or other adverse effects, as well as interactions with other products or treatments.
All content provided on the Platform is for general informational purposes only and does not constitute medical or dermatological advice, diagnosis, or treatment. Tress does not offer or provide medical guidance and is not a substitute for professional healthcare.
Reliance on Scan Results and No Product Endorsement
Scan Results are generated based on ingredient information available at the time of scanning. This information may originate from manufacturers, public databases, or user submissions, and it may be incomplete, outdated, or inaccurate. Tress does not independently verify the accuracy of all ingredient data, nor does it continuously monitor for product reformulations or recalls.
Tress does not endorse, recommend, or guarantee the safety, suitability, or effectiveness of any particular hair product. Any references to third-party brands, retailers, or products are provided strictly for identification and informational purposes and do not constitute sponsorship,
endorsement, or affiliation.
Users remain solely responsible for evaluating product suitability and for confirming ingredient information directly from manufacturer labels and warnings. Tress expressly disclaims liability for reliance on Scan Results where ingredient lists have changed, are inaccurate, or are otherwise incomplete.
User Responsibilities and Limitations of Liability
By using the Platform, Users agree to:
- Conduct their own due diligence regarding any hair product before use, including reviewing manufacturer labels, instructions, and warnings;
- Review all product packaging, directions, and ingredient lists provided by the manufacturer, retailer, or distributor;
- Contact the product manufacturer, distributor, or retailer with any questions about
formulation changes, ingredient concerns, or potential interactions with other treatments or products;
- Seek advice from a licensed dermatologist, physician, or qualified medical professional if they have allergies, skin sensitivities, scalp conditions, or any health-related concerns;
- Assume full responsibility for the decision to purchase or use any hair product, and for any reliance placed on Scan Results, educational content, or other information made available through the Platform.
To the maximum extent permitted by applicable law, the Platform and all content, Services, Scan Results, or information accessed through it are provided “AS IS” and “AS AVAILABLE,”
without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy or completeness of ingredient information, non-infringement, security, or uninterrupted functionality.
Tress does not warrant that any hair product will be safe, allergen-free, effective, non-irritating, or suitable for individual users. Outcomes may vary depending on personal differences, product formulations, and other circumstances outside of Tress’s control.
To the fullest extent permitted by law, Tress and its officers, employees, contractors, agents, licensors, and affiliates shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to:
(i) personal injury, allergic reactions, or scalp/hair damage (except where caused by proven gross negligence of Tress);
(ii) loss of profits, data, goodwill, or business interruption; or
(iii) any claim arising out of reliance on Scan Results, educational content, or third-party product information.
If Tress is found liable notwithstanding the above limitations, its aggregate liability shall be limited to the greater of:
(i) the total fees paid by the User to Tress in the six (6) months preceding the claim, or
(ii) one hundred U.S. dollars (USD $100).
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Platform or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person. Users agree not to use the Platform in any way that:
- Violates any applicable local, state, national, or international law or regulation;
- Infringes upon or violates the rights of others, including intellectual property, privacy, or publicity rights;
- Is false, misleading, defamatory, libelous, obscene, threatening, harassing, or otherwise objectionable;
- Introduces viruses, malware, or other harmful code or content;
- Attempts to reverse engineer, decompile, or extract source code from the Platform;
- Involves any unauthorized scraping, data mining, or automated access to the Platform;
- Attempts to bypass security mechanisms or exploit the Platform in ways not intended by Tress.
Tress reserves the right to suspend or terminate any User account and remove any content that violates these Terms or threatens the integrity of the Platform.
User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Platform and its owner(s);
- User will notify the Platform and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Limited License
Subject to the terms and conditions in this Agreement, Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services, including the TressCheck feature, strictly for your personal, non-commercial use, subject to your subscription tier and payment of all applicable fees. For greater certainty, this limited license only allows you to use the Platform for your own personal and non-commercial use. This limited license does not include any rights not specifically enumerated herein. You agree not to take or
permit any action with respect to the Platform that is not expressly authorized under this license.
You agree as a condition of using the Platform, that you will not yourself, or cause any others to do any of the following:
- use, copy, modify, download, or transfer the Platform or any component of the Platform, in whole or in part, except as expressly provided in this Agreement;
- reverse engineer, disassemble, decompile, or translate the Platform;
- attempt to derive the source code of the Platform;
- create any derivative work from the Platform; and/or
- authorize or assist any third party to do any of the foregoing;
- use the Platform for any commercial purpose of your own or to benefit another, including rent, lease, loan, resell for profit, or distribute the Platform, or any part thereof;
- remove or alter any proprietary notice or legend regarding Company’s, or any third party’s, proprietary rights in the Platform;
- use the Platform except in accordance with applicable laws and regulations; and/or
- use the Platform:
- to defraud any third party;
- to distribute obscene or other unlawful materials or information; and/or
- to disseminate or encourage conduct that could constitute a criminal offense or give rise to civil liability.
Professional/Partner and Enterprise Use
If you access or use the Platform in a professional or organizational capacity (including as a salon professional, clinic, healthcare provider, retailer, or enterprise user), you acknowledge and agree that:
- No Clinical or Diagnostic Use. The Platform and Scan Results are for informational and educational purposes only and are not intended for diagnosis, treatment, or clinical decision-making. You must not use the Platform to provide medical or dermatological advice to any person, to establish a provider–patient relationship, or as a substitute for in- person professional judgment.
- Separate Written Agreements Required. Enterprise features, partner integrations, or bulk/organizational access (including seat-based or multi-user access) may be subject to a separate order form, enterprise agreement, business associate agreement (if applicable and expressly agreed in writing), or other written terms executed by Tress (“Enterprise Terms”). In the event of a conflict between these Terms and duly executed Enterprise Terms, the Enterprise Terms will control for the covered services.
- No HIPAA/PHI Without Agreement. Unless expressly set forth in executed Enterprise Terms, the Platform is not designed to receive, store, or process protected health information (“PHI”) under HIPAA or analogous laws, and you agree not to submit PHI to the Platform. Tress assumes no obligations under HIPAA or similar laws unless aseparate, signed agreement expressly says otherwise.
- Regulatory Status. The Platform is not a medical device and has not been evaluated by the U.S. Food and Drug Administration or comparable regulators. You are solely responsible for complying with all laws and professional standards that apply to your practice, organization, or industry.
- Authorized Users; Account Controls. If you administer or pay for access for others, you are responsible for the acts and omissions of your authorized users, for maintaining accurate seat counts, and for promptly deprovisioning access when personnel changes occur.
- No Endorsement; Marketing. Any use of Tress’s name, logos, or marks (including “Tress” and “TressCheck”) in public materials (e.g., marketing, case studies) requires Tress’s prior written consent.
Orders and Payment
All payments made on or through the Platform are processed by independent third-party payment service providers (e.g., Stripe or equivalent). Tress does not collect, store, or have access to your full payment card information.
Users are responsible for all fees associated with their subscription plan and/or pay-per-scan purchases, including any applicable taxes or governmental fees. Tress will collect and remit taxes only where legally required.
Subscriptions and Scan Credits purchased through the Platform are subject to the terms presented at checkout and in your account settings, in addition to these Terms.
Pricing and other terms and conditions for subscriptions or Scan Credits may be changed at any time without notice. Prices may differ from those for purchases made through other channels. We reserve the right to change the prices offered through the Platform at any time. You have a legal obligation to pay for any subscription enrollments or Scan Credit purchases that appear to be made by you or through your account. By completing a subscription enrollment or Scan Credit purchase (“Transaction”) through the Platform, you are agreeing to pay, in full, the prices and all applicable taxes and specified fees in relation to your Transaction, either by credit card or other permitted payment method as we may make available through the Platform. Payments are processed by third-party service providers. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards accepted, at any time. If complete payment for your Transaction is not received and verified by us, your Transaction will not be processed. If you do not complete or improperly complete your Transaction, it may not be accepted or acknowledged. We reserve the right to verify the validity of all Transactions and cancel any Transaction if we find any evidence of fraud, tampering and/or any other violation of this agreement. Except where required by law, fees paid for subscriptions or Scan Credits are non-refundable once the billing period begins or the credits are delivered.
Some plans are offered on a recurring subscription basis (e.g., Basic 10 scans/month; Pro 30 scans/month).
UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME TERM, AND YOU AUTHORIZE TRESS (OR ITS PAYMENT PROCESSOR) TO CHARGE THE THEN-CURRENT SUBSCRIPTION PRICE AND APPLICABLE TAXES USING YOUR STORED PAYMENT METHOD. You may cancel at any time in your account settings, effective at the end of the then-current billing period. No refunds or credits are provided for partial billing cycles, unused time, or unused Scan Credits, except where required by law. Tress may change plan features or pricing on a go-forward basis; price changes will apply to the next renewal after notice.
Subscription Tiers and Scan Credits
Tress offers access via (i) pay-per-scan purchases and (ii) recurring subscription plans (currently, Basic: 10 scans/month; Pro: 30 scans/month) (each, a “Plan”). “Scan Credits” are units that permit you to submit product information to TressCheck for analysis; one Scan typically consumes one Scan Credit. Tress may modify Plan names, features, or allotments prospectively.
- Credit Use. A Scan Credit is deducted when a Scan is submitted through the Platform. If a Scan cannot be processed due to a Platform error, Tress may, in its discretion, restore the impacted Scan Credit(s) after verification.
- Auto-Renewal. Plans offered on a recurring basis auto-renew at the end of each billing period unless canceled in your account settings prior to renewal. By enrolling in a recurring Plan, you authorize Tress (or its processor) to automatically charge the then- current price and applicable taxes at each renewal.
- Rollover; Expiration. Unless expressly stated at purchase, unused monthly Scan Credits do not roll over to subsequent billing periods and expire at the end of the then-current period. Pay-per-scan credits, if offered, may carry a separate expiration window disclosed at purchase.
- Upgrades/Downgrades. Plan upgrades may take effect immediately (with a prorated charge and additional Scan Credits) or at the next cycle, as disclosed at checkout. Downgrades take effect at the next renewal.
- Overage; Additional Credits. If you exhaust your monthly Scan Credits, you may purchase additional credits (if available) or upgrade Plans. The Platform may restrict further Scans until additional credits are obtained.
- No Transfer or Resale. Scan Credits and Plan benefits are personal to your account, are non-transferable, and may not be sold, sublicensed, or shared. Account sharing is prohibited. For multi-user access, see the Professional/Partner & Enterprise Use section.
- Trials and Promotions. Any free trial or promotional offer is subject to the terms presented at sign-up. Unless canceled before the trial ends, billing will begin at the disclosed rate on the first day following the trial.
- Fair Use and Abuse Prevention. You shall not use automated tools, scripts, or high-volume methods to perform Scans (except as expressly permitted in writing by Tress). Tress may monitor usage for abuse, security, or performance and may suspend or limit access that violates these Terms.
- Refunds. Except where required by law or expressly stated at purchase, fees paid for Plans and Scan Credits are non-refundable once the billing period begins or credits are delivered.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRESS LLC (“TRESS”) PROVIDES THE PLATFORM AND THE TRESSCHECK FEATURE “AS IS,” WITH ALL FAULTS. TRESS MAKES NO WARRANTY REGARDING UNINTERRUPTED USE OR OPERATION OF THE PLATFORM OR SERVICES, OR THAT ANY DATA OR SCAN RESULTS WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. TRESS DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, USERS ACKNOWLEDGE AND AGREE THAT:
(i) SCAN RESULTS, RISK RATINGS, OR OTHER OUTPUTS GENERATED BY TRESSCHECK ARE BASED ON DATA SOURCES AND ALGORITHMIC MODELS THAT MAY BE INCOMPLETE OR IMPERFECT; (ii) THE PLATFORM DOES NOT GUARANTEE THAT A HAIRCARE PRODUCT IS SAFE, EFFECTIVE, OR FREE FROM ALL POSSIBLE RISKS; (iii) THE INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL, DERMATOLOGICAL, OR HEALTH ADVICE; AND (iv) USERS SHOULD CONSULT QUALIFIED HEALTHCARE OR OTHER PROFESSIONALS BEFORE MAKING DECISIONS ABOUT THE USE OF ANY HAIR PRODUCT.
Limited Liability
TRESS LLC (“TRESS”) SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER TRESS HAS BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD-PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. TRESS SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE PLATFORM, DATA SOURCES, OR ANY ACTS OF USERS OR VENDORS. TRESS SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY THIRD-PARTY INFORMATION PROVIDERS, HEALTHCARE OR BEAUTY PARTNERS, OR ANY PRODUCTS SCANNED OR PURCHASED BY USERS BASED ON PLATFORM OUTPUTS.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF TRESS IN CONNECTION WITH THE PLATFORM, SERVICES, OR TRESSCHECK FEATURE, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO TRESS DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
WITHOUT LIMITING THE FOREGOING, USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT TRESS SHALL NOT BE LIABLE FOR: (i) ANY ADVERSE REACTIONS OR ALLERGIC RESPONSES RESULTING FROM THE USE OF HAIR PRODUCTS; (ii) ANY INACCURACY, OMISSION, OR DELAY IN DATA USED BY THE PLATFORM; OR (iii) ANY DECISIONS MADE OR ACTIONS TAKEN BY USERS IN RELIANCE ON INFORMATION PROVIDED BY THE PLATFORM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PLATFORM WILL BE SECURE; (V) THE USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES. ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.
ANY APPLICATION IS OFFERED IN JURISDICTIONS WHERE IT MAY BE LEGALLY OFFERED. THE PLATFORM AND THE INFORMATION OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.
COMPANY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM OR PLATFORM CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORM AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS
SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Third party products, links, and actions
The Platform may include or provide access to third-party services, websites, applications, or resources (“Third-Party Services”). These may include links to ingredient databases, health or consumer safety resources, payment processors, or other external sites. Third-Party Services are governed by their own terms of service and privacy policies, which may differ from those of Tress. Tress has no control over and assumes no responsibility for the content, policies, practices, or performance of any Third-Party Services, regardless of whether such services are accessed through the Platform. Users acknowledge and agree that Tress shall not be liable for any damages or losses arising from their use of or reliance on Third-Party Services.
The Platform may also permit limited interaction among Users (e.g., participation in community support or discussion features). Tress does not moderate or verify User contributions and shall not be responsible for the conduct, content, or communications of Users or any third party,
whether online or offline. Feedback regarding third-party integrations or interactions is welcome but does not create any duty or obligation for Tress.
Terms and Conditions of Use
By using the Platform and Services, you agree to comply with and be bound by these Terms, as updated from time to time. If you do not agree with any of these Terms, you must not use the Platform.
Tress reserves the right to suspend, restrict, or terminate access to the Platform or Services, in whole or in part, at any time and for any reason, including for violations of these Terms,
suspected fraud, misuse of Scan Results, or conduct that may harm other Users, third parties, or Tress.
Conditions of Use and Modifications
To use the Platform and agree to this Agreement, you must have reached the age of majority where you live or have obtained the agreement and authorization from your parent or legal guardian to use the Platform. Your continued use of the Platform affirmatively signifies your acceptance of this binding Agreement between You and Company.
We may update this Agreement from time to time at our sole discretion, without notice, and you agree that it is your responsibility to periodically check this page for any changes. Any modifications or updates to this Agreement shall be effective thirty (30) days following their posting, the date of which shall be noted in the Agreement, and your continued use of the Platform shall affirmatively signify your acceptance of any such modifications or updates. If you do not agree with any of the terms or conditions in this Agreement, or as it is modified from time to time, you must stop using the Platform.
Third Party Licensors
Certain portions of the Platform, including software components, databases, algorithms, or
integrations, may be provided by third-party licensors (“Licensors”). While this Agreement is between you and Tress, not Licensors, your use of such features may be subject to additional terms and conditions specified by the Licensor. By using the Platform, you agree to comply with any such additional terms.
To the maximum extent permitted by law, Tress expressly disclaims: (i) all liability related to Platform content or Scan Results generated using data, software, or algorithms licensed from third parties; (ii) any liability related to maintenance or support provided by Licensors; and (iii) any liability for claims relating to product liability, intellectual property, consumer protection, privacy, or regulatory compliance arising out of or relating to Licensors’ conduct or materials.
Third Party Links
Like many other websites, our websites may contain links to websites of third parties not
affiliated with us. These links are provided for your convenience only. Third parties (including websites, social media pages and others) may also provide links or host advertisements to Company products. This Agreement will not apply to these third-party websites and We are not responsible for the privacy practices or the content on any of these other websites, even where
these third-party sites indicate a special relationship or “partnership” with us. We do not disclose personal information to any third party sites. The linked or linking sites, however, may collect
personal information from you when you visit their site or click links there. To ensure protection
of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.
Application and Content, Copyright
You acknowledge that Content may be made available to you through the Website, digital platform, and related services, including, but not limited to, information, comments, data, guides, tutorials, videos, photographs, graphics, text, sound, images, product descriptions, formulations, usage instructions, and other materials (“Content”). All Content is owned by Company, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual
property laws and treaties, both in the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this
Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-
transferable, limited right to access, use and display this Site and the materials thereon.
Your use of the Site and Services does not grant or transfer to you any ownership or other rights in the Site, Services, or the Content, and except as expressly provided, nothing herein or within the Services shall be construed as conferring on you or any other person any license under any of Company’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the rights owners. For greater certainty, you agree that you will not take any action that is inconsistent with Company’s ownership of any portion or all of the Site, Services, and Content, or with any third party’s ownership of any portion or all of the Site, Services, and Content. You are hereby expressly prohibited from
removing any proprietary notice of Company or any third party, from any copy of the Site or Service Content.
If you believe your intellectual property was posted to a Company website or application by a
user, please contact us at ContactUs@TressNow.com with “DMCA” in the subject line. We will respond in accordance with the Digital Millennium Copyright Act.
Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Platform or Services in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Platform where the material that you claim is infringing is located.
- Your address, telephone number and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.
This information must be submitted to the following email address:
Platform Disclaimers
Company provides you with access to the Platform and Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, excludes all representations,
warranties, conditions, and other terms. Company does not warrant that the Platform, Services, or Scan Results will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers hosting the Platform will be free of viruses or other harmful components.
The Platform is intended to provide Users with ingredient scanning, chemical analysis, educational content, and related features for informational purposes only. Tress makes no
representations or warranties as to the accuracy, completeness, or applicability of ingredient information or risk assessments provided by the Platform. The Platform is not a substitute for professional medical, dermatological, or other health advice, and Users should consult
appropriate professionals before making decisions regarding hair care products. Tress disclaims
all liability for any adverse effects, reactions, or outcomes that may arise from reliance on the Platform’s information or use of any scanned products.
Brand Neutrality Clause
(i) Tress is not affiliated with any brand; (ii) Scan Results are algorithmic assessments based on available ingredient information and public sources, not definitive statements of fact about
overall brand safety or quality; and (iii) brand owners may submit corrections for reformulations.
Your Account and Security
The Platform, or certain features and/or portions of the Platform may utilize a user account that is password-protected and may require you to complete a registration process in order to obtain access and create your user account. When registering to use any such features and/or portions of the Platform, you agree: (i) that you will provide complete and accurate information about
yourself; and (ii) to update such information if it changes. We shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Platform, or any features or portions of the Platform if we believe that the information you have provided is incomplete, inaccurate , violates these Terms, is associated with non-payment, or
presents a fraud or security risk.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such
password(s) or account(s). It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. If your username or password is used without your consent or if you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
Data Use; De-Identification and Aggregation
You acknowledge and agree that Tress may collect usage information related to your access and use of the Platform and Services (including, without limitation, scan logs, timestamps, device and diagnostic data, feature utilization, and performance metrics). Tress may (i) use such information to operate, maintain, secure, and improve the Platform (including algorithm and
model refinement) and (ii) create de-identified or aggregated data (“Aggregated Data”). Aggregated Data does not identify you and may be used by Tress for analytics, benchmarking, research, and business purposes. Personal information handling is further described in our
Privacy Policy, which is incorporated by reference.
Community and Educational Content, User Content License
The Platform may offer community, educational, or discussion features regarding hair-care
ingredients and product chemistry. You remain solely responsible for any content you submit, post, or upload (“User Content”), and you represent and warrant that you have all rights
necessary to do so. You grant Tress a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify (for formatting/display), publish, and
display your User Content for the purpose of operating and providing the Services, community features, and related functions. Tress may moderate, remove, or disable User Content that we
believe violates these Terms, infringes rights, or poses risk to users or third parties. Community discussions and educational content are informational only and do not constitute medical,
dermatological, or professional advice.
Feedback
If you submit ideas, suggestions, enhancement requests, or other feedback to Tress (“Feedback”), you acknowledge and agree that Tress may use, copy, disclose, and exploit such Feedback
without restriction or compensation to you and without any obligation to keep such Feedback confidential.
Algorithms; Trade Secret Protection
You acknowledge that Tress’s software, algorithms, analytical methods, data models, scoring/risk frameworks, and related know-how are proprietary trade secrets of Tress. Except as expressly
permitted in these Terms, you shall not (and shall not permit any third party to) access, view, or use the Services for the purpose of developing, training, or improving competing models,
datasets, or services; or to reverse engineer, decompile, or otherwise attempt to derive source code, models, or underlying methodologies, except to the limited extent that applicable law expressly permits despite this restriction.
Trademarks and Brand Use
“Tress,” “TressCheck,” and associated logos and designs are trademarks of Tress LLC. No right, title, or license to use Tress’s marks is granted by these Terms. Any public use of Tress’s names, marks, or logos (including co-marketing, case studies, or endorsements) requires Tress’s prior written consent. References to third-party names, logos, or products are for identification only and do not imply sponsorship or endorsement.
Indemnification
At our request, you agree to defend, indemnify, and hold harmless Company, its parent and other affiliated companies, and their employees, contractors, officers, and directors, and Licensors
from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses
(including legal fees and disbursements on a solicitor-client basis) that arise from the your use or misuse of the Platform (including mobile purchases or payments), violation of these Terms, or
violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Platform shall be
instituted exclusively in the federal courts of the United States or the courts of the State of
Nevada in each case located in Las Vegas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Mandatory Arbitration
Most customer service issues can be resolved quickly and easily by calling or emailing our
customer service teams. UNDER THIS AGREEMENT YOU AGREE TO THE MANDATORY ARBITRATION OF DISPUTES REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS PROVISION REQUIRES THE PARTIES TO ARBITRATE THEIR
DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE
COMPANY. Any controversy, dispute, or claim arising out of or relating to this Agreement shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. In the event that our customer service team is not able to resolve your issue, but before you file a claim with the AAA, you must submit a Notice of Intent to File a Claim to the following e-mail address: ContactUs@TressNow.com.
Once received, you agree to provide us with sixty (60) days to attempt to resolve your issue, subject to a good faith effort on both our part and yours to reach such a resolution. If, after 60
days no such resolution has been reached, you may file an individual claim for arbitration with the American Arbitration Association. At no time may your claim for arbitration be filed as part of a class or representing the interests or claims of more than one individual.
For claims for arbitration for amounts less than $10,000, you may request that the Arbitration be performed subject to the AAA Documents-Only Procedure described in R-29 of the AAA Consumer Rules. Any Arbitration conducted in person shall be conducted in Clark County, Nevada before an arbitrator who is an attorney licensed in Nevada. If the parties cannot agree upon an arbitrator, the AAA shall appoint the arbitrator according to AAA’s selection procedures. Judgment upon any award of the arbitrator may be entered in any court having jurisdiction thereof (such judgment to include an award of reasonable attorneys’ fees and expenses, including the expense of arbitration, to the prevailing party). Notwithstanding the foregoing, any party to
this Agreement may seek any appropriate equitable relief, including injunction, to which it may be entitled. Company reserves the right, but not obligation, and at its sole determination to consolidate claims for arbitration where:
- The claims for which arbitration is sought are substantially similar in nature based on the parties involved, the date, time or product at issue, and the nature of any claimed injury or damages;
- The claims are filed within a six-month period of time;
- And/or the claims are filed by a small number of law firms or attorneys.
Termination
If you breach any provision of this Agreement you may no longer use the Platform. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Platform or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Platform is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will
nevertheless continue to apply and be binding upon you in respect of your prior use of the Platform and anything relating to or arising from such use. If you are dissatisfied with the Platform, then your sole and exclusive remedy is to discontinue using the Platform.
Severability and Entire Agreement
If any provision of this Agreement by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement constitutes the whole Agreement between you and Company related to the matters discussed herein, and supersede all previous discussions, correspondence, negotiations,
previous arrangement, understanding or agreement between you and Company relating to the subject matter of any contract.
Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our
reasonable control, including but not limited to: natural disasters, fires, floods, epidemics, pandemics, strikes, labor disputes, war, terrorism, government orders, failure of suppliers, utility failures, or Internet service interruptions.
Assignment
We may assign or transfer these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights or
obligations without our prior written consent, and any unauthorized assignment shall be null and void.
Notices and Electronic Consent
You consent to receive all communications from us electronically. We may provide notices by email, through your account, or by posting them on the Platform. You agree these
communications satisfy any legal requirement that such notices be in writing.
Waiver
No waiver of any term shall be deemed a continuing waiver or a waiver of any other term.
No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. You may not represent or bind us in any manner.
Contact Information
If you have questions about these Terms, please contact us at: ContactUs@TressNow.com.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE ALLOCATION OF RISK ASSOCIATED WITH THE PLATFORM AND/OR SERVICES.
DISCLAIMER
This Disclaimer (“Disclaimer”) governs your use of the website operated by Tress LLC (“Company,” “we,” or “us”), the TressCheck mobile application, and any related services, content, or materials (collectively, the “Platform”). By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to the terms of this Disclaimer.
The Platform provides educational information regarding ingredients in hair care products. The analysis, ratings, or ingredient warnings generated by the Platform are for informational and educational purposes only. They are not a substitute for professional medical advice, dermatological guidance, or product labeling provided by manufacturers.
The Company does not manufacture, sell, or endorse any specific hair products. Users remain solely responsible for reading product packaging, following manufacturer instructions, and consulting qualified professionals (such as dermatologists or physicians) regarding product use, allergies, sensitivities, or medical conditions.
By using the Platform, you agree that any decisions you make about purchasing or using hair care products are undertaken at your own risk, and the Company disclaims all liability for any outcomes resulting from the use or misuse of hair products.
No Professional Advice; No Professional Relationship Created
The information provided through the Platform is intended solely to help users better understand the ingredients commonly found in hair care products and the potential risks associated with their use. The Company does not, under any circumstances, provide professional, medical, or dermatological advice.
Nothing on the Platform should be construed as:
- Medical or Dermatological Advice. Users should consult with a licensed dermatologist, physician, or other qualified healthcare provider regarding any questions about scalp conditions, hair loss, allergies, or sensitivities before using or discontinuing any product. The Platform does not diagnose, treat, cure, or prevent any condition.
- Safety Warranties. The Platform does not guarantee that any product is safe, effective, non-irritating, or suitable for your personal use. Manufacturer labeling, regulatory disclosures, and professional medical advice should always take precedence over information provided by the Platform.
- Professional Relationships. Your use of the Platform does not create any doctor-patient, pharmacist-patient, dermatologist-client, or other professional relationship with the Company or its representatives.
All content, ingredient scans, and risk analyses provided through the Platform are offered strictly for educational and informational purposes. You acknowledge and agree that reliance on such information is entirely at your own discretion and risk.
User Responsibility and Assumption of Risk
By accessing and using the Platform, you acknowledge and agree that you are solely responsible for your own decisions regarding the purchase and use of hair care products. The Company does not and cannot guarantee that any ingredient analysis, risk rating, or educational content provided through the Platform will be effective, accurate, or suitable for your individual circumstances.
You agree that you will carefully review all product labels, instructions, and warnings provided by manufacturers before using any hair product. You also agree to consult with a qualified medical or dermatological professional if you have, or suspect you may have, allergies, skin sensitivities, scalp conditions, or other health-related concerns that could be affected by product use.
You understand and accept that hair products may cause unexpected or adverse reactions, including but not limited to:
- allergic reactions, rashes, or irritation,
- hair damage or breakage,
- scalp conditions or sensitivities,
- unintended interactions with other products or treatments.
The Company makes no warranties or guarantees regarding the safety, suitability, or effectiveness of any hair product. All outcomes may vary depending on individual differences, and no particular result should be expected or assumed.
By using the Platform, you voluntarily assume all risks associated with your reliance on the ingredient information provided, as well as any consequences resulting from the use or misuse of hair products.
Limitation of Liability
To the fullest extent permitted by law, the Company expressly disclaims all liability for any direct, indirect, incidental, consequential, or special damages arising out of or related to your use of the Platform or reliance on the ingredient information provided. This includes, without limitation, damages resulting from: (i) adverse reactions to hair products, including allergic responses, scalp irritation, or hair damage; (ii) reliance on ingredient risk ratings or analysis when choosing to purchase or apply a product; (iii) misinterpretation or misuse of information provided by the Platform; and (iv) any injury, loss, or harm resulting from the use, misuse, or discontinuation of hair products.
The information presented on the Platform is provided strictly “as-is” and “as-available,” without warranties of any kind, whether express, implied, or statutory. The Company makes no representations or guarantees regarding the completeness, accuracy, or reliability of ingredient information, product safety, or expected results from product use.
In jurisdictions where limitations of liability are permitted, the Company’s total cumulative liability for any claim related to your use of the Platform shall not exceed the greater of: (i) the amount you paid to access the Services in the six (6) months preceding the claim, or (ii) one hundred U.S. dollars ($100).
By using the Platform, you agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or related to your reliance on the ingredient information provided or your use of hair care products.
Age Restrictions and Eligibility to Use the Platform
The Platform is intended solely for individuals who are eighteen (18) years of age or older. By accessing or using the Platform, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into binding agreements under applicable law.
The Company does not knowingly permit access to, or use of, the Platform by individuals under the age of eighteen (18). If the Company becomes aware that a user under the minimum age has registered, engaged, or otherwise accessed the Platform, the Company reserves the right to terminate such access immediately and delete any related information.
You are solely responsible for ensuring that your use of the Platform complies with all laws and regulations in the jurisdiction in which you reside or access the services. By agreeing to this
Disclaimer, you confirm that no legal restrictions or prohibitions prevent you from using the Platform.
Because the Platform does not provide legal, medical, therapeutic, financial, or other professional advice, individuals seeking such advice should consult licensed professionals in the appropriate field. If you are not legally eligible to make decisions independent of parental or guardian consent, or if you require professional advisory services, you should not use the Platform.
General Provisions
This Disclaimer, and any disputes arising out of or relating to your use of the Platform and/or products, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles. You agree that any claim or dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Nevada, and you hereby consent to the jurisdiction and venue of such courts.
To the maximum extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to this Disclaimer or your use of the Platform and/or products shall be resolved by binding arbitration administered by a recognized arbitration provider. You waive any right to participate in a class action, collective action, or other representative proceeding, and agree that all claims must be brought in your individual capacity only.
If any provision of this Disclaimer is determined by a court or tribunal of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall be severed from the Disclaimer, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
This Disclaimer, together with the Company’s Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Company regarding your use of the Platform. It supersedes any prior or contemporaneous communications, representations, or understandings, whether oral or written.
The provisions of this Disclaimer that by their nature should survive termination of your use of the Platform shall survive.
The Company’s failure to enforce any rights or provisions of this Disclaimer shall not constitute a waiver of such rights or provisions. Any waiver must be in writing and signed by an authorized representative of the Company.
Brand Neutrality Clause
(i)Tress is not affiliated with any brand; (ii) Scan Results are algorithmic assessments based on available ingredient information and public sources, not definitive statements of fact about overall brand safety or quality; and (iii) brand owners may submit corrections for reformulations.