Terms of Service

Last Updated: July 10, 2024

The following terms and conditions govern your use of Headway ("App") and our related services, collectively referred to as “Service” or “Services.” By creating an account, accessing, or using the App, you acknowledge that you: (a) have read this agreement carefully and agree to abide by its terms and the other terms incorporated into it by reference; (b) have reviewed and consent to the Privacy Policy; and (c) agree not to use the respective service or content for any other purposes as described in these Terms.

ACCESS AND USE OF SERVICES

Services Description: Headway is a mobile application designed to assist users in tracking their hair care products, practices, and routines.

Account Registration: To access and use certain features, you will be required to create an account with Headway. If you choose to register for our Service, you agree to provide and maintain accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. You are fully responsible for maintaining the confidentiality of your account and account credentials, and for any activities that occur under your account. Headway will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to monitor and login to your account in order to (1) prevent fraud, criminal activity, or misuses of our Service, (2) ensure the security of our IT systems, architecture and networks; (3) diagnose and remedy problems with our Service; (4) comply with legal obligations and legal process; and (5) protect our rights, privacy, safety or property, and/or that of our affiliates, users or other third parties.

Modifications to Service: Headway reserves the right to modify or discontinue, temporarily or permanently, our service (or any part thereof) with or without notice. You agree that Headway shall not be liable to you or to any third party for any modification, suspension or discontinuance of services. 

You acknowledge that Headway may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Headway’s servers on your behalf. You agree that Headway has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. In addition, Headway may establish limitations on when you can use certain features of the Service, which may include warnings displayed within a mobile application. You represent that you will comply with these warnings and you will not exceed any usage limitations set by Headway. You acknowledge that Headway reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Headway reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

CONDITIONS OF USE

User Conduct: You agree to use the App only for lawful purposes and in a manner consistent with these terms and all applicable laws and regulations. You agree not to engage in any activity that could interfere with or disrupt the operation of the App or its servers.

INTELLECTUAL PROPERTY RIGHTS 

Service Content, Software, and Trademarks: The App and its contents, including but not limited to text, graphics, logos, images, and software, are protected by copyright and other intellectual property laws. You agree not to modify, copy, reproduce, sell, distribute, or create derivative works based on the App or its contents, in whole or in part, without our prior written consent. The foregoing does not apply to your own user content (as defined below) that you legally upload to the App. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App or distributed in connection therewith is the property of Headway, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Headway.

Third-Party Material: While every effort is made to ensure the accuracy and reliability of the information provided within the Headway, we acknowledge that certain content or materials may be sourced from third-party sources. While we strive to verify the accuracy and relevance of such materials, we cannot guarantee their completeness or suitability for all users. Therefore, Headway shall not be liable for any inaccuracies, errors, or omissions in third-party materials incorporated into the App. Users are encouraged to exercise their own judgment and discretion when relying on third-party content or materials accessed through the App.

User Content: You have the opportunity to submit content—such as text, photos, and other user-generated content—to the App. You are solely responsible for the content and other materials you post on or through the App or Service. You are prohibited from posting any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. Furthermore, you agree not to submit any content that is unlawful, defamatory, obscene, or otherwise objectionable. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. 

NO MEDICAL ADVICE
The company is not a licensed medical care provider and the App is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Any information provided by Headway is for general educational purposes only. You acknowledge and agree that any information available through the service is not intended to constitute or substitute for professional medical advice, diagnosis, or treatment. If you have any medical or health-related questions or if you experience a medical emergency, please call 911 or consult with a medical professional as soon as possible. We are not responsible for any health or medical problems that may result from your use of our Services. You agree that you are voluntarily participating in the Services and do so at your own risk.

 MODIFICATIONS TO TERMS
We reserve the right to modify these terms at any time without prior notice. Any changes to these terms will be effective immediately upon posting. Your continued use of the App following the posting of changes constitutes your acceptance of such changes.

DISCLAIMER OF WARRANTIES
HEADWAY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE APP OR ITS CONTENTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. THE USE OF THE APP IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT HEADWAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE APP. HEADWAY SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE APP OR ITS CONTENTS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE APP. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT HEADWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION
We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms.

GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws of California. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts in California.

PRIVACY POLICY
Our collection and use of personal data are governed by our Privacy Policy, which is incorporated into these terms by reference. By using the App, you consent to the collection and use of your personal data as described in the Privacy Policy.

CONTACT US
Please contact us at support@headwayhair.co to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service.