Terms of Service
Last Updated: May 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SONGBOTANICALS WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
1. INTRODUCTION
SongBotanicals ("we," "us," or "our") provides professional-grade scalp treatment products and related services exclusively to licensed professionals. These Terms of Service ("Terms") govern your access to and use of our website (www.songbotanicals.com), professional portal, and any products or services offered (collectively, the "Services").
2. PROFESSIONAL ELIGIBILITY
2.1 Professional Qualification
Our Services are available exclusively to licensed professionals in the beauty, wellness, and medical fields who are legally qualified to administer professional scalp treatments. By accessing our professional portal or purchasing our products, you represent and warrant that you possess valid, current professional credentials in your jurisdiction.
2.2 Verification We reserve the right to verify your professional credentials at any time. Misrepresentation of professional status constitutes a material breach of these Terms and may result in immediate termination of your account, denial of access to our Services, and potential legal action.
3. ACCOUNT REGISTRATION
3.1 Professional Account
To access our complete product catalog and professional resources, you must apply for and maintain a professional account. You are responsible for providing accurate, current, and complete information during registration and for maintaining the confidentiality of your account credentials.
3.2 Account Security You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach of your account.
4. PRODUCTS AND ORDERING
4.1 Professional Use Only Our products are formulated exclusively for professional application and are not authorized for retail sale without professional service. Products must be used in accordance with our provided protocols and application guidelines.
4.2 Orders and Fulfillment All orders are subject to acceptance and availability. We reserve the right to refuse service, cancel orders, or limit quantities at our discretion, particularly if we suspect products will be resold in violation of these Terms.
4.3 Pricing and Payment All prices are in US Dollars unless otherwise specified. Prices are subject to change without notice. Payment terms are net 30 days from invoice date for approved accounts. New accounts require payment in advance until credit is established.
4.4 Shipping and Delivery Orders are shipped via our preferred carriers. Delivery timeframes are estimates and not guarantees. Risk of loss transfers upon delivery to the carrier. International shipments may be subject to customs duties, taxes, and import restrictions which are your responsibility.
5. INTELLECTUAL PROPERTY
5.1 Ownership All content on our website and professional portal, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of SongBotanicals or our content suppliers and is protected by international copyright laws.
5.2 Limited License We grant you a limited, non-exclusive, non-transferable license to access and use our content solely for your professional business purposes. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit our content without our prior written consent.
5.3 Trademarks SongBotanicals™ and all related logos, product and service names are trademarks of SongBotanicals. Nothing in these Terms grants you the right to use our trademarks without our prior written permission.
6. CONFIDENTIALITY
6.1 Professional Information
All product formulations, treatment protocols, training materials, and proprietary information shared through our professional portal are confidential and proprietary. You agree not to disclose such information to third parties without our express written consent.
7. LIMITATION OF LIABILITY
7.1 Disclaimer of Warranties
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SONGBOTANICALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
7.3 Cap on Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO SONGBOTANICALS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SongBotanicals and our officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your violation of any rights of another; or (d) your conduct in connection with the Services.
9. EXPORT COMPLIANCE Our products may be subject to export control laws and regulations. You agree to comply with all such laws and regulations and acknowledge that you have responsibility to obtain any licenses required for export or re-export.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of [Your State], without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
11. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. All changes are effective immediately upon posting to our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
12. TERMINATION
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
13. MISCELLANEOUS
13.1 Entire Agreement
These Terms constitute the entire agreement between you and SongBotanicals regarding the Services and supersede all prior agreements and understandings.
13.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.4 Assignment
You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.
14. CONTACT US For questions about these Terms, please contact us at:
legal@songbotanicals.com
SongBotanicals Co., Ltd.
15. INTERNATIONAL BUSINESS
15.1 Governing Export Laws
Our products may be subject to export laws and regulations of the United States, Canada, United Arab Emirates, Singapore, and other countries. You agree to comply with all such applicable laws and regulations.
15.2 Regional Compliance
Customers in the United Arab Emirates agree to comply with all applicable laws and regulations, including those issued by the Emirates Authority for Standardization and Metrology (ESMA). Customers in Singapore agree to comply with all applicable laws and regulations, including those issued by the Health Sciences Authority (HSA).
15.3 Import Duties and Taxes
Customers are responsible for all customs duties, taxes, and other charges related to importing our products into their country. SongBotanicals is not responsible for delays caused by customs clearance procedures.