Terms of Service — The Formula

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of The Formula mobile application and related services (collectively, the "Service") operated by The Formula ("we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and Professional Use

The Service is intended for licensed or practicing hair care professionals and salon personnel. You must be at least 18 years old and able to form a binding contract to use the Service. You represent that you will use the Service only for lawful professional purposes and in compliance with applicable salon, cosmetology, and consumer protection laws.

3. Description of the Service

The Formula provides tools to help professionals create, save, and manage hair color formulas; maintain client records; and document work with photos and notes. Features may change over time. We may add, modify, or discontinue features with or without notice, subject to applicable law.

4. Accounts and Security

You are responsible for providing accurate registration information and for maintaining the confidentiality of your login credentials. You are responsible for all activity that occurs under your account. Notify us promptly at legal@theformula.app if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or pose a security risk.

5. User Content and Client Data

You may submit content through the Service, including client names, contact details, notes, photos, and saved formulas ("User Content"). You retain ownership of your User Content. You grant us a limited license to host, store, process, display, and transmit User Content solely to operate, secure, and improve the Service as described in our Privacy Policy. You represent that you have all rights and consents necessary to upload User Content, including client photos, and that your User Content does not violate any law or third-party rights.

6. Formula Recommendations and Professional Disclaimer

Formula outputs, feasibility checks, processing guidance, and related information are provided as professional support tools only. They are not a substitute for your independent professional judgment, patch testing, strand testing, client consultation, manufacturer instructions, or applicable licensing requirements. You are solely responsible for evaluating results, verifying measurements, and determining whether any formula is appropriate for a specific client. THE SERVICE DOES NOT PROVIDE MEDICAL, LEGAL, OR REGULATORY ADVICE.

7. Aggregated Formula Usage Data

We may collect and use technical and usage information about how formulas are created and used within the Service. We may share aggregated, anonymized, or de-identified formula usage data with hair color manufacturers, brand partners, and other business partners for product development, industry insights, and service improvement. Shared data may include brand and product line selections, shade codes, hair state inputs (such as level, tone, and gray coverage ranges), formulation outcomes, feasibility results, and general usage trends. We do not share your personal information or your clients' personal information with these partners. See our Privacy Policy for more detail.

8. Intellectual Property

The Service, including its software, design, branding, documentation, and proprietary databases, is owned by The Formula or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Service except as permitted by law.

9. Prohibited Conduct

You agree not to: (a) use the Service for unlawful, fraudulent, or abusive purposes; (b) upload content you do not have the right to use; (c) attempt to access another user's account or our systems without authorization; (d) interfere with or disrupt the Service; (e) scrape, crawl, or harvest data except through permitted interfaces; (f) misrepresent your professional credentials or affiliation; or (g) use the Service to build a competing product using unauthorized access to our data or systems.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and dispute terms.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT FORMULA OUTPUTS WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORMULA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless The Formula and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your client services, or your violation of these Terms or applicable law.

14. Governing Law and Disputes

These Terms are governed by the laws applicable in the jurisdiction where The Formula is established, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at legal@theformula.app and attempt to resolve the dispute informally. If informal resolution fails, disputes will be brought in the courts located in that jurisdiction, unless applicable law requires otherwise.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means. The updated Terms will be effective when posted unless otherwise stated. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Contact Us

Questions about these Terms may be sent to legal@theformula.app.