Terms of service

Last updated: July 8, 2026

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND MĀTERIĀ ARE RESOLVED, INCLUDING A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND A SHORTENED PERIOD FOR BRINGING CLAIMS. PLEASE REVIEW THESE PROVISIONS, DESCRIBED IN SECTION 27, BEFORE USING THE SERVICES.

Overview

Welcome to Māteriā. The terms "we," "us," and "our" refer to Materia, LLC. Māteriā operates this store and website, including all related information, content, features, tools, products, and services in order to offer you our products and the related information and services we provide alongside them (the "Services"). Māteriā is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, a waiver of your right to a jury trial, and a waiver of your right to participate in class actions.

By visiting, interacting with, using, or making a purchase through our Services, you acknowledge that you have read and understood these Terms, you agree to be bound by them, and you agree to be bound by our Privacy Policy. Each time you place an order with us, you reaffirm your agreement to the version of these Terms then in effect. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services or make a purchase.

No medical advice. Māteriā does not provide medical advice. Our products are cosmetics, not drugs, and they are not intended to diagnose, treat, cure, or prevent any disease or skin condition. If you have a medical concern about your skin, consult a qualified healthcare provider. Detailed product safety and use information is in Section 3 below.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least 18 years old, or the age of majority in your state or province of residence if greater than 18. You are responsible for any use of the Services by minors in your household, including any devices you own, purchase, or manage on which the Services are accessed.

Browsing and purchasing. You may browse our online store and make purchases as a guest, or you may choose to create an account. When you make a purchase, whether as a guest or through an account, you will be asked to provide information such as your name, email address, billing address, shipping address, and payment information. You represent and warrant that all information you provide is true, current, and complete, that you have all rights necessary to provide this information, and that you will update it promptly if it changes.

Customer accounts. If we offer the option to create an account, you may register one to manage your purchases, view your order history, save preferences, and access other features we may make available from time to time. Your account is for your personal use only. You are solely responsible for maintaining the confidentiality of your account credentials, for restricting access to the devices on which you access your account, and for all activity that occurs under your account. You agree to notify us promptly at support@materiaskin.com if you believe your account has been accessed without your authorization. You may not transfer, sell, assign, license, or share your account with any other person. We reserve the right to refuse to create an account for, or to suspend or terminate the account of, any user in our sole discretion, including but not limited to where we suspect fraud, abuse, or violation of these Terms.

Closing your account. You may close your account at any time by contacting us at support@materiaskin.com. Closing your account does not terminate your obligations under these Terms with respect to any purchases or other actions taken before closure, and the provisions of these Terms identified in Section 19 (Termination) will survive account closure. We may retain certain information after account closure as described in our Privacy Policy and as required by applicable law.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors, finishes, or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products purchased by you will be exactly the same as depicted or rendered in our online store. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 — Cosmetic Products; Skincare Disclaimers

Our products are cosmetics. They are intended to cleanse, beautify, promote attractiveness, or alter the appearance of the skin within the meaning of applicable cosmetic regulations. They are not drugs. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Statements made on our Services about the appearance, feel, or condition of skin (including, without limitation, references to barrier support, moisture retention, antioxidant defense, collagen renewal, brightening, tone, texture, firmness, smoothness, comfort, calm, or recovery) describe cosmetic effects on the appearance and condition of the skin. They are not medical claims. Individual results vary and depend on factors including skin type, condition, environment, frequency of use, and concurrent use of other products. We make no guarantee that any user will experience the specific outcomes described in our marketing materials.

External topical use only. Our products are intended exclusively for external topical use on intact adult skin. Do not ingest. Do not apply to broken skin, open wounds, mucous membranes, or in or near the eyes. If contact with the eyes occurs, rinse thoroughly with water. Keep our products out of the reach of children. If our product is accidentally ingested, contact a poison control center or seek medical attention immediately.

Patch test before use. Despite our care in selecting and combining ingredients, individual sensitivities can occur. Before first full use of any Māteriā product, we recommend applying a small amount to an inconspicuous area of skin (such as the inner forearm) and waiting twenty-four to forty-eight hours to check for irritation or other reaction. If irritation, redness, swelling, rash, or any other adverse reaction occurs at any point, discontinue use immediately and consult a qualified healthcare provider if the reaction persists or is severe.

Ingredient transparency. The full list of ingredients (INCI) is printed on every product carton and is also available on the corresponding product page on this website. If you have any known allergies, sensitivities, or adverse reactions to skincare or cosmetic ingredients, please review the full INCI list before purchase.

Medical conditions, pregnancy, and nursing. If you are pregnant, nursing, undergoing dermatological or other medical treatment, taking prescription medications that affect the skin, or have a diagnosed skin condition (including but not limited to eczema, psoriasis, rosacea, dermatitis, or active acne), consult a qualified healthcare provider before using our products. We do not provide medical advice.

Post-procedure use. Our products are not medical devices and are not intended for use as part of a medical treatment regimen. Any decision to use our products following an in-office dermatological or aesthetic procedure (including, without limitation, lasers, chemical peels, microneedling, injectables, microdermabrasion, or other treatments) should be made in consultation with the licensed provider who performed the procedure. We do not provide guidance on post-procedure use of our products in any specific medical context.

Authorized channels only. Our products are sold exclusively through this website and through channels we expressly authorize. We are not responsible for any injury, damage, or other consequence resulting from product purchased through unauthorized distributors or resellers; product purchased past its expiration or "best by" date; or product that has been altered, repackaged, or stored in a manner inconsistent with our care instructions. If you are unsure whether a seller is an authorized Māteriā channel, please contact us at support@materiaskin.com before purchase.

By using our products, you acknowledge that you have read, understood, and accepted the disclaimers in this Section 3.

Section 4 — Orders

When you place an order, you are making an offer to purchase. Māteriā reserves the right to accept or decline your order, refuse service to any customer, terminate accounts, remove or edit content, or cancel orders, in our sole discretion and for any reason or no reason. Your order is not accepted until Māteriā confirms acceptance as described in the next sentence. Any automated email or other communication acknowledging receipt of your order (including any communication labeled "order confirmation," "receipt," or similar) is not, and shall not be construed as, our acceptance of your offer to purchase. Acceptance of your order occurs only when we ship the product to you. Until acceptance occurs, we may decline, modify, or cancel your order for any reason in our sole discretion, and you have no contractual right to the product at the offered price. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Māteriā may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

We monitor order activity for indicators of fraud, product diversion, and resale, including unusual order volume, multiple orders to the same shipping address, multiple orders using the same payment method or customer account, and other patterns we determine, in our sole discretion, to be inconsistent with personal or household use. We reserve the right to limit, cancel, or refuse to fulfill any order that we believe in good faith reflects any of the foregoing, with or without notice. Any determination under this paragraph is in our sole discretion.

Section 5 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email, subject to our right to correct pricing errors as described in Section 16. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

All prices are quoted in U.S. dollars (USD). The Services are intended for customers in the United States. We make no representation that the Services are appropriate, available, or lawful for use in any jurisdiction outside the United States. Customers who access the Services from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You authorize us, and any third-party payment processor we engage (including Shopify Payments), to charge your selected payment method for the full amount of any order you place, including shipping, handling, and applicable taxes. You represent and warrant that (i) the credit card or other payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card or payment method for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 6 — Promotions and Discount Codes

From time to time we may offer promotions, discount codes, free gifts with purchase, sales, sweepstakes, contests, sample programs, or other promotional offers (each, a "Promotion"). Unless otherwise stated:

• Each Promotion is subject to its own specific terms, which we will make available at the time of the offer. If there is any conflict between the terms of a specific Promotion and these Terms, the Promotion terms will govern as to matters specific to that Promotion.
• Promotions are valid for a limited time, may be subject to availability, and may be modified, suspended, or terminated by us at any time, with or without notice, in our sole discretion.
• Unless we expressly state otherwise, only one discount code or Promotion may be applied per order, Promotions cannot be combined with other offers or sales, and Promotions are limited to one per customer and per household.
• Promotions are not redeemable for cash, are non-transferable, and have no cash value.
• We may exclude certain products, collections, customers, payment methods, or regions from Promotions in our sole discretion.
• We reserve the right to refuse, cancel, or rescind any order or Promotion redemption that we believe in good faith was made in violation of these Terms or the terms of the Promotion, including for fraud, abuse, resale activity, account aggregation, or use of a discount code outside its intended scope.

If a Promotion is rescinded after an order has been placed, we will refund the original purchase price as adjusted for the rescinded Promotion, or, at our discretion, cancel the order and refund the full amount paid.

Section 7 — Loyalty and Referral Programs

We may from time to time offer loyalty programs, referral programs, customer reward programs, or similar programs (each, a "Program") that allow you to earn points, credits, discounts, or other benefits. If we offer a Program, your participation will be governed by the specific terms of that Program, which we will publish separately and which are incorporated into these Terms by reference. If there is any conflict between the terms of a specific Program and these Terms, the Program terms will govern as to matters specific to that Program.

Without limiting the foregoing, we reserve the right to modify, suspend, or terminate any Program at any time, with or without notice; to adjust the value, expiration, or redemption mechanics of points, credits, or other benefits; and to exclude or remove individual participants for any reason in our sole discretion, including for fraud, abuse, multiple-account creation, or violation of these Terms or the Program terms. Program benefits are personal to you, have no cash value, are not transferable, are not legal tender, and may not be sold or bartered.

Section 8 — Shipping and Delivery

Shipping rates, regions, transit timeframes, and other details are described on our Shipping page. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or events outside our reasonable control. All orders are made pursuant to a shipment contract. Title and risk of loss for the products you purchase pass to you upon our delivery to the carrier. If your order is lost or damaged in transit, please contact us at support@materiaskin.com so we can help resolve the situation, although our liability is limited as described in these Terms.

Section 9 — Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Māteriā, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Māteriā, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Māteriā.

Māteriā's names, logos, product and service names, designs, and slogans are trademarks of Materia, LLC, including marks for which trademark registration has been applied for. You must not use such trademarks without the prior written permission of Māteriā. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 10 — Copyright Complaints (DMCA)

Māteriā respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, we will respond expeditiously to notices of alleged copyright infringement that comply with the requirements of this Section and applicable law.

10.1 — Designated Copyright Agent. Notifications of claimed copyright infringement should be sent to our designated agent:

Copyright Agent
Materia, LLC
777 Brickell Avenue, Suite 500 PMB 1040
Miami, FL 33131-2803
legal@materiaskin.com

The designated agent is also registered with the U.S. Copyright Office's Directory of Designated Agents.

10.2 — Notice of Alleged Infringement. If you believe in good faith that material accessible on or through the Services infringes a copyright you own or are authorized to enforce, you may submit a written notification to our designated agent that includes all of the following, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit us to locate the material (for example, the URL of the page where the material appears);
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

If your notice does not substantially comply with all of the foregoing requirements, we may not be able to act on it. Please note that under 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys' fees, if you knowingly make a material misrepresentation that material or activity is infringing.

10.3 — Counter-Notification. If you receive notice that material you submitted to the Services has been removed or disabled in response to a DMCA notice and you believe in good faith that the material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our designated agent that includes all of the following, as required by 17 U.S.C. § 512(g)(3):

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Māteriā may be found), and that you will accept service of process from the person who provided the original notification of alleged infringement under Section 10.2, or an agent of that person.

Upon receipt of a counter-notification that substantially complies with the foregoing, we will follow the procedures described in 17 U.S.C. § 512(g), which may include forwarding your counter-notification to the original complainant and restoring the removed or disabled material in not less than ten (10) and not more than fourteen (14) business days following receipt of the counter-notification, unless we first receive notice from the original complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Services. Please note that under 17 U.S.C. § 512(f), you may be liable for damages if you knowingly make a material misrepresentation in a counter-notification.

10.4 — Repeat-Infringer Policy. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts or access of users who repeatedly infringe the copyrights of others or are repeatedly charged with copyright infringement.

10.5 — No Legal Advice. The summary in this Section is provided for convenience only and does not constitute legal advice. The DMCA is a complex statute, and we encourage anyone considering filing a notification or counter-notification to consult an attorney first.

Section 11 — Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.

Section 12 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 13 — Relationship with Shopify

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

Section 14 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies. Our Privacy Policy describes the categories of personal information we collect, the sources of that information, the purposes for which we use it, the categories of third parties to whom we disclose it (including advertising and analytics partners), and our retention practices. It also describes your privacy rights under applicable law and the procedures by which you may exercise them, including the right, where it applies, to opt out of the "sale" or "sharing" of your personal information for cross-context behavioral advertising. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 15 — Feedback

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

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 16 — Errors, Inaccuracies, and Omissions

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

Without limiting the foregoing, we reserve the right to refuse, cancel, or decline to fulfill any order placed for a product listed at an incorrect price, regardless of whether the order has been confirmed or your payment method has been charged. If your payment method has already been charged for an order we cancel under this Section 16, we will issue a full refund. We may, at our sole discretion and as an alternative to cancellation, contact you to offer the order at the correct price; if you do not affirmatively accept the corrected price within a reasonable time, the order will be canceled and refunded.

Section 17 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Māteriā, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 18 — Agents

18.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

18.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 18.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 19 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Cosmetic Products; Skincare Disclaimers (Section 3), Promotions and Discount Codes (Section 6), Loyalty and Referral Programs (Section 7), Intellectual Property (Section 9), Copyright Complaints (DMCA) (Section 10), Privacy Policy (Section 14), Feedback (Section 15), Termination (Section 19), Disclaimer of Warranties (Section 20), Limitation of Liability (Section 21), Indemnification (Section 22), Severability (Section 23), Waiver and Entire Agreement (Section 24), Assignment (Section 25), Force Majeure (Section 26), Dispute Resolution; Class Action Waiver; Jury Trial Waiver (Section 27), Electronic Communications, Email, and SMS (Section 28), Notice to California Residents (Section 31), and any other provisions that by their nature should survive termination.

Section 20 — Disclaimer of Warranties

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

EXCEPT AS EXPRESSLY STATED BY MĀTERIĀ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 21 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MĀTERIĀ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Notwithstanding the foregoing, nothing in this Section excludes or limits liability for death or personal injury caused by negligence, fraud, gross negligence, intentional misconduct, statutory product liability, statutory consumer rights (including, without limitation, remedies provided to California consumers under the Consumers Legal Remedies Act, Cal. Civ. Code § 1750 et seq., for claims arising under that Act), or any other liability that cannot be excluded or limited under applicable law (including, without limitation, contractual exemptions and limitations void under Cal. Civ. Code § 1668).

Aggregate cap on damages. To the fullest extent permitted by law, and except for claims excluded under the preceding paragraph, Māteriā's total aggregate liability arising out of or relating to any product, the Services, or these Terms shall not exceed the amount you actually paid to Māteriā for the product or Services giving rise to the claim. If the claim does not arise out of any specific product or Services purchased from us, the cap is the greater of (i) one hundred U.S. dollars ($100) or (ii) the total amount you actually paid to Māteriā in the twelve (12) months preceding the date the claim accrued. This cap applies regardless of the legal theory on which the claim is based and is a cumulative limit on all damages of any kind, including direct, indirect, incidental, special, consequential, and punitive damages.

You acknowledge that the disclaimers in Section 20 and the limitations and damages cap in this Section 21 are an essential element of the bargain between you and Māteriā, that we have set our prices and offered our products and Services in reliance on these disclaimers and limitations, and that we would not provide the Services or sell our products under these Terms without them.

Section 22 — Indemnification

You agree to indemnify, defend, and hold harmless Māteriā, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Notice to New Jersey residents. The provisions of Section 20 (Disclaimer of Warranties), Section 21 (Limitation of Liability), and Section 22 (Indemnification), including the aggregate damages cap in Section 21, do not apply to residents of New Jersey to the extent that they are prohibited or limited by New Jersey law, including, without limitation, the New Jersey Punitive Damages Act (N.J.S.A. § 2A:15-5.9 et seq.), the New Jersey Products Liability Act (N.J.S.A. § 2A:58C-1 et seq.), the New Jersey Consumer Fraud Act (N.J.S.A. § 56:8-1 et seq.), the Truth in Consumer Contract, Warranty and Notice Act (N.J.S.A. § 56:12-14 et seq.), and the Identity Theft Protection Act (N.J.S.A. § 56:11-44 et seq.). For New Jersey residents, those provisions apply only to the maximum extent permitted under New Jersey law. Nothing in these Terms shall be construed to waive any right, remedy, or claim that a New Jersey resident cannot waive under any of the foregoing statutes.

Section 23 — Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 24 — Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). No employee, contractor, or agent of Māteriā has authority to modify, waive, or vary these Terms, except through a written amendment posted to our website. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 25 — Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 26 — Force Majeure

Māteriā shall not be liable for any failure to perform, or any delay in performance of, any obligation under these Terms (including any order, fulfillment, or delivery commitment) to the extent the failure or delay is caused by an event beyond our reasonable control, including, without limitation: acts of God; fire, flood, earthquake, hurricane, or other natural disaster; epidemic, pandemic, or quarantine; war, hostilities (whether declared or not), terrorism, insurrection, civil disturbance, or sabotage; act, order, or restriction of any government or governmental authority (including embargo, sanctions, tariff, or customs action); labor dispute, strike, or work stoppage; interruption or failure of utility services, internet, telecommunications, payment processors, or other third-party services on which we rely; shortage of raw materials, components, packaging, or labor; failure or delay of a supplier, contract manufacturer, fulfillment provider, or shipping carrier; cyberattack, denial-of-service attack, or other malicious electronic activity; and any other cause beyond our reasonable control. In the event of any such occurrence, our time for performance shall be extended for a reasonable period, and we may, in our sole discretion, allocate available stock among customers, cancel affected orders, or refund affected payments. This Section 26 does not relieve us of any obligation imposed by applicable law that cannot be excluded or limited by contract.

Section 27 — Dispute Resolution; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MĀTERIĀ. IT ALSO LIMITS THE TIME WITHIN WHICH YOU MAY BRING A CLAIM (SEE SECTION 27.7).

27.1 — Informal Resolution. Before initiating any formal legal proceeding against Māteriā, you agree to first contact us at legal@materiaskin.com with a written description of your claim and an opportunity to resolve it informally. The notice must include your name, contact information, the facts giving rise to the dispute, and the specific relief you are seeking. We will attempt in good faith to resolve the dispute within sixty (60) days of receiving your written notice. If the parties are unable to reach a resolution within that period, either party may proceed under the other provisions of this Section.

27.2 — Class Action Waiver. YOU AND MĀTERIĀ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. No court or other adjudicator may consolidate more than one person's claims with your or our claims, or otherwise preside over any form of representative or class proceeding. Any claim that proceeds despite this waiver shall be brought in the courts identified in Section 27.5 below. California residents: Solely to the extent required by California law as construed in McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), nothing in this Section 27.2 shall waive your right to seek public injunctive relief on behalf of the general public in a court of competent jurisdiction. The remainder of this Section 27.2 shall remain enforceable as to all other claims, including individual claims for damages.

27.3 — Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MĀTERIĀ EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR YOUR RELATIONSHIP WITH MĀTERIĀ. You and Māteriā each acknowledge that this waiver is a material inducement to enter into these Terms and is being made knowingly, voluntarily, and after the opportunity to consult with counsel.

27.4 — Excluded Claims. The class action waiver in Section 27.2 and the jury trial waiver in Section 27.3 do not apply to: (a) any claim alleging conduct that constitutes sexual assault or sexual harassment, as those terms are used in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Pub. L. 117-90); or (b) any other claim that, under applicable law, cannot be subject to such a waiver. In addition, either party may bring an individual action in small claims court for any dispute within the scope of that court's jurisdiction, and either party may seek provisional or injunctive relief in a court of competent jurisdiction to prevent irreparable harm or to protect or enforce intellectual property rights.

27.5 — Governing Law and Venue. These Terms and any dispute arising out of or relating to these Terms, the Services, any product purchased through the Services, or your relationship with Māteriā shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. You and Māteriā consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for any such dispute, subject only to (i) Section 27.4 (Excluded Claims), and (ii) Section 27.2's California public-injunctive-relief carve-out, which may be brought in a court of competent jurisdiction in California.

27.6 — Survival. This Section 27 shall survive the termination of your relationship with Māteriā and these Terms.

27.7 — Limitation Period. Any claim or cause of action arising out of or relating to these Terms, the Services, or any product purchased through the Services must be commenced within one (1) year after the cause of action accrues; otherwise, the claim or cause of action is permanently barred. This one-year limitation period does not apply to: (a) any claim for death or personal injury; (b) any statutory consumer-protection claim, product-liability claim, or other claim where the limitation period cannot be shortened by contract under applicable law; or (c) any claim arising under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. To the extent that applicable law in your state of residence prohibits contractual shortening of a statute of limitations as to any specific claim, this Section 27.7 does not apply to that claim, but applies to all other claims.

Section 28 — Electronic Communications, Email, and SMS

Electronic communications generally. By using the Services, creating an account, or making a purchase, you consent to receive communications from us electronically, including by email, by SMS or other messaging service to which you have separately opted in, and by postings on the Services. You agree that any agreements, notices, disclosures, opt-out confirmations, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent does not waive your right to opt out of marketing communications, which you may do at any time by following the unsubscribe instructions in any such communication or by contacting support@materiaskin.com.

Email marketing. If you provide your email address to us, whether by creating an account, making a purchase, or subscribing to our newsletter, you may receive marketing emails from us (including newsletters, product announcements, and promotional offers) in addition to transactional emails relating to your order or account. You may unsubscribe from marketing emails at any time using the unsubscribe link in any marketing email or by contacting support@materiaskin.com. We will continue to send transactional and account-related emails even after you unsubscribe from marketing. Our use of your email address is also governed by our Privacy Policy.

SMS / text message marketing. We may offer the option to receive marketing or transactional text messages from us. SMS marketing is strictly opt-in and is governed by separate SMS Terms that you will be asked to accept at the moment you sign up for our SMS program. Those separate SMS Terms address opt-in consent, opt-out keywords (such as STOP, HELP, QUIT, CANCEL, UNSUBSCRIBE, and END), message frequency, message and data rates, supported carriers, and applicable federal and state law (including the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., and the Florida Telephone Solicitation Act, Fla. Stat. § 501.059). You are not required to accept SMS Terms or provide a mobile phone number to use the Services or make a purchase, and consent to SMS marketing is not a condition of any purchase.

Section 29 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 30 — Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 31 — Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Additional information about California consumer privacy rights, where applicable, is described in our Privacy Policy.

Section 32 — Contact Information

Questions about these Terms should be sent to us at legal@materiaskin.com. Our contact information is below:

Materia, LLC
777 Brickell Avenue, Suite 500 PMB 1040
Miami, FL 33131-2803
legal@materiaskin.com