Terms of service
Terms of Use
The agreement that governs your use of Mxt.
These Terms of Use (the "Terms") form a legal agreement between you and The Personalized Beauty Co., Inc., a Delaware corporation doing business as Mxt ("Mxt," "we," "us," or "our"), governing your access to and use of our website at https://mxt.co, our skin quiz, our products, our subscription services, and any related services that link to these Terms (collectively, the "Services").
By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Services are intended for users in the United States who are at least 18 years of age. If you are under 18 or located outside the United States, you are not authorized to use the Services.
You can contact us at help@mxt.co or at the address in §24.
Summary
The Quick Read.
What you're agreeing to. You're agreeing to use Mxt's Services lawfully, to pay for what you order, and to abide by the rest of these Terms. If you take our trial offer or buy a subscription, you're enrolling in automatic recurring charges until you cancel (see §5 for the specifics).
The trial offer. Our trial is not free. You pay $20 for a trial kit, and by accepting the trial offer you also enroll in a subscription. Your first full subscription shipment of $99 will be charged 21 days after you accept the trial offer. After that, you will be charged $99 every 60 days for each subscription shipment until you cancel. You can cancel anytime through your account, subject to a 24-hour cutoff before the next shipment. See §5 for full terms.
Your content. When you submit reviews, photos, or feedback, you give us a license to use that content to promote and operate Mxt — limited to our owned channels and our marketing of Mxt's products. If you delete your content, the license ends.
Disputes. Most disputes are resolved through individual arbitration with NAM (not court, and not class action). There is a required 60-day informal negotiation period before either party can demand arbitration. See §21.
Governing law. These Terms are governed by Delaware law. California consumers retain rights under California consumer protection law regardless.
Privacy. Our Privacy Policy describes how we handle your information. See mxt.co/policies/privacy-policy.
Contents
In This Agreement.
- Agreement and Eligibility
- The Services and Products
- Your Account
- Purchases and Payment
- Subscriptions and the Trial Offer
- Returns and Refunds
- Intellectual Property
- User Content and Contributions
- Prohibited Activities
- Reviews and User-Generated Content
- Creator Program
- DMCA Copyright Policy
- Privacy and Accessibility
- SMS Text Messaging
- Electronic Communications and Signatures
- Term, Termination, and Service Management
- Modifications and Service Interruptions
- Disclaimers
- Limitation of Liability
- Indemnification
- Governing Law and Dispute Resolution
- California Residents
- General Provisions
- How to Contact Us
01
Agreement and Eligibility.
These Terms are a binding legal agreement between you and Mxt. By accessing or using the Services, you confirm that:
- You are at least 18 years old
- You are located in the United States
- You have read, understood, and agree to these Terms and our Privacy Policy
- You are using the Services for lawful, personal, non-commercial purposes
If any of those statements is not true, you must stop using the Services immediately.
We may update these Terms from time to time. When we do, we will update the "Last updated" date above. If we make material changes, we will provide additional notice (for example, by email to your account address or by a banner on the Services). Your continued use of the Services after changes take effect means you accept the updated Terms.
02
The Services and Products.
Mxt creates personalized, clinical-grade skincare routines based on the information you provide through our skin quiz. The Services include the website, the skin quiz, our product catalog, our subscription service, the creator program, customer support, and any related communications.
We work to display product colors, formulations, and details as accurately as possible, but we do not guarantee that they will appear identically on your device or that they will be free of errors. All products are subject to availability, and we may discontinue or change any product at any time. Prices are subject to change.
Our products are cosmetics — not drugs. They are not intended to diagnose, treat, cure, or prevent any disease. See §18 for important product disclaimers.
The Services are not designed to comply with industry-specific regulations such as HIPAA or FISMA. Do not use the Services in any way that would require us to comply with those frameworks.
03
Your Account.
Some Services require you to create an account. When you do, you agree to:
- Provide accurate, current, and complete information
- Keep your password confidential and not share your account
- Promptly update your information (email address, payment method, expiration date, shipping address) so we can complete your orders and contact you when needed
- Take responsibility for activity that occurs under your account
If you provide information that is untrue, inaccurate, or incomplete — or if we have reasonable grounds to suspect that you have — we may suspend or terminate your account.
We use Shopify and Shop Pay to authenticate accounts and process transactions. See our Privacy Policy for details on how we handle account information.
04
Purchases and Payment.
We accept payment through Shop Pay, which supports major credit cards (Visa, Mastercard, American Express, Discover), Shop Pay's stored payment method, and — where your device and browser support them — Apple Pay and Google Pay. We do not currently accept PayPal, deferred-payment services (such as Klarna, Affirm, or Afterpay), or partial payments.
All prices are in U.S. dollars. Sales tax will be added where required.
By placing an order, you authorize us — through Shop Pay and our subscription provider Recharge, where applicable — to charge your payment method for the order total plus any applicable shipping and tax. For subscription orders, you authorize recurring charges as described in §5.
You agree to:
- Provide current, complete, and accurate payment information
- Promptly update your payment information if it changes (for example, when a card expires)
- Pay all charges at the prices in effect when the order is placed
We may correct pricing errors — including for orders already placed — and may refuse, limit, or cancel any order at our discretion, including orders that appear to be from resellers, dealers, or distributors. If we cancel an order you have already paid for, we will refund the amount charged.
05
Subscriptions and the Trial Offer.
Mxt's subscription service is provided through Recharge. By accepting the trial offer or subscribing directly, you enter into a recurring subscription that continues until you cancel. Please read this section carefully.
5.1 The Trial Offer — Acknowledgment of Terms
Our trial is not free. The following terms apply if you accept the Mxt Trial Offer:
- $20 trial kit. You will be charged $20 today for the trial kit, which ships to you promptly.
- Subscription enrollment. By accepting the trial offer, you are enrolling in a Mxt subscription. The subscription continues until you cancel.
- First subscription charge: 21 days from today. Twenty-one (21) days after you accept the trial offer, your payment method will automatically be charged $99 for your first full-size subscription shipment. That shipment will ship to the same address as your trial kit.
- Recurring charges every 60 days at $99. After the first subscription shipment, your payment method will automatically be charged $99 every sixty (60) days for each subsequent shipment, until you cancel.
- You can cancel any time, free of charge — through your Mxt account or by emailing help@mxt.co. Cancellation takes effect immediately, subject to the 24-hour cutoff in §5.3.
- No commitment beyond the next shipment. There is no minimum purchase, minimum term, or cancellation fee.
- Reminder before each shipment. You will receive an email reminder before each $99 shipment is charged and shipped, so you can pause or cancel if you want to.
5.2 Subscription Terms
After your first subscription charge on day 21:
- Cadence: 60 days between shipments
- Price: $99 per shipment, plus applicable tax
- Payment method: the payment method on file (via Shop Pay)
- Auto-renewal: your subscription continues until you cancel
- No minimum purchase or minimum term
We may change the subscription price or contents from time to time. If we do, we will notify you by email at least 30 days before the change takes effect, and you may cancel at any time before the change applies if you do not wish to accept it.
5.3 How to Cancel or Pause
You can cancel or pause your subscription at any time:
- Through your account. Log into your account at mxt.co/account and use the Subscription Management section.
- By email. Email help@mxt.co from the address on your account and ask us to cancel or pause.
Cancellation is at least as easy as enrollment, as required by California Business & Professions Code §17602 and similar laws in other states.
5.4 Pre-Shipment Notice
Before each $99 subscription shipment, we send an email to the address on your account informing you of the upcoming shipment and charge, including how to pause or cancel. This notice is informational and is not required for the charge to occur — your authorization for recurring charges remains in effect until you cancel.
5.5 Refunds and Returns on Subscription Orders
Refund and return rights for subscription shipments are governed by our Return Policy at mxt.co/policies/refund-policy. Already-shipped subscription orders are eligible for return and refund as described there.
5.6 Affirmative Consent
By clicking "Accept Trial Offer," "Subscribe," or any equivalent button at checkout, you affirmatively consent to (a) the recurring charges described above and (b) these Terms.
06
Returns and Refunds.
Our full Return Policy is posted at mxt.co/policies/refund-policy. Please review it before purchasing. Where the Return Policy and these Terms conflict, the Return Policy controls for refund and return matters.
07
Intellectual Property.
7.1 Mxt's content and marks
We are the owner or licensee of all intellectual property rights in the Services, including the source code, databases, functionality, software, website designs, audio, video, text, photographs, formulations, product names, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained in the Services (the "Marks"). The Content and Marks are protected by U.S. and international copyright, trademark, and unfair competition laws.
7.2 Your license to use the Services
Subject to your compliance with these Terms (including §9 — Prohibited Activities), we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access the Services for your personal, non-commercial use
- Download or print a copy of Content you have properly accessed, for your personal records
You may not copy, reproduce, aggregate, republish, upload, post, publicly display, distribute, sell, license, or commercially exploit any part of the Services, Content, or Marks without our prior written permission. If you wish to make any use beyond what is permitted here, contact legal@mxt.co.
We reserve all rights not expressly granted to you.
7.3 Feedback
If you send us suggestions, ideas, feedback, or comments about the Services or our products (collectively, "Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use the Feedback for any business purpose without any obligation to you. You waive any moral rights in Feedback to the extent permitted by law.
08
User Content and Contributions.
The Services may allow you to post reviews, photos, videos, comments, and other content (collectively, "User Content"). This section governs how User Content is handled.
8.1 Your representations about User Content
By submitting User Content, you represent and warrant that:
- The content is your original work, or you have all rights and permissions necessary to submit it
- The content does not infringe any third party's intellectual property, privacy, or publicity rights
- The content is not defamatory, harassing, hateful, obscene, threatening, or otherwise unlawful
- For any identifiable individuals appearing in the content, you have their permission to include them
- The content does not violate any applicable law or these Terms
8.2 License you grant us — narrowed
By submitting User Content, you grant Mxt a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly display, publicly perform, modify, and create derivative works of that User Content, solely for the following purposes:
- (a) On Mxt-owned channels — meaning our website, mobile applications, social media accounts operated by Mxt, email and SMS marketing sent by Mxt, and our printed or digital marketing materials produced by or for Mxt
- (b) In advertising of Mxt's products — including paid advertising placements (such as Meta, Google, TikTok, YouTube) where the ad promotes Mxt's products and uses your content as part of that promotion
- (c) Through service providers acting on Mxt's behalf — for example, our hosting provider, our reviews platform (Yotpo), our email and SMS provider (Klaviyo), and our advertising vendors, each acting under contract to provide services to Mxt and not for their own purposes
The license terminates when you delete the underlying User Content. If you delete a review on Yotpo, a comment on our site, or otherwise remove the User Content from where it was originally posted, our license to use that content for new purposes ends. We may retain copies in backups or in archived advertising materials already published, but we will not use the deleted content in new campaigns or new displays.
You retain all ownership of your User Content. We do not claim any ownership in your User Content beyond the license described above.
8.3 Submissions about the Services
If you send us a question, comment, suggestion, idea, or other feedback about the Services or our products (a "Submission") through email, contact forms, or similar channels, the license in §7.3 (Feedback) applies — Submissions are treated as Feedback.
8.4 We may moderate User Content
We are not obligated to monitor User Content, but we have the right to remove, edit, or refuse to display any User Content that we believe (in our reasonable discretion) violates these Terms, our community guidelines, or applicable law. We may also suspend or terminate accounts associated with User Content that violates these Terms.
09
Prohibited Activities.
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation
- Use the Services in any way that could damage, disable, or impair them
- Use the Services in connection with any commercial enterprise except those we specifically endorse
- Access the Services through automated means (bots, scrapers, scripts) other than standard search engine indexing
- Scrape, harvest, copy, or systematically retrieve data from the Services
- Reverse engineer, decompile, or disassemble any part of the Services
- Bypass, disable, or interfere with any security or access-control features of the Services
- Use the Services to harass, abuse, harm, defraud, or impersonate another person
- Upload viruses, malware, or other malicious code
- Use the Services to send unsolicited communications or to promote a competing business
- Use the Services to collect or harvest personal information about other users
- Create accounts by automated means or under false pretenses
- Use the Services as part of any effort to compete with us or for any revenue-generating endeavor we have not endorsed
- Resell or attempt to resell Mxt products acquired through the Services without our written authorization
Violation of this section is a material breach of these Terms and may result in suspension or termination of your account and, where appropriate, civil or criminal action.
10
Reviews and User-Generated Content.
When you post a review or rating about Mxt or our products, you agree:
- You have firsthand experience with the product or service being reviewed
- Your review reflects your genuine and honest experience
- You will not post reviews that are defamatory, obscene, hateful, discriminatory, or otherwise unlawful
- You are not affiliated with one of our competitors (or, if you are, you disclose that affiliation)
- You will not be compensated by anyone other than Mxt for the review (and if you are an Mxt creator partner, you will follow the disclosure requirements in §11)
- You will not organize a campaign of reviews — positive or negative — that misrepresents reviewers' genuine experience
We may accept, reject, edit, or remove reviews in our discretion. We do not endorse user-submitted reviews, and they do not necessarily represent our opinions.
The §8.2 license applies to your reviews and any media you submit with them.
11
Creator Program.
The Mxt Creator Program is operated through Impact. If you participate in the Mxt Creator Program as an affiliate, influencer, or creator partner:
-
You are bound by Impact's separate partner agreement. In addition to these Terms, the Mxt Creator Program is governed by the partner agreement that you review and accept during onboarding in the Impact partner portal (
app.impact.com). That agreement supplements these Terms and governs your commercial relationship with Mxt through the Impact platform. - FTC disclosure obligations. As a Mxt creator partner, you are required by the Federal Trade Commission's Endorsement Guides (16 C.F.R. Part 255) and similar state laws to clearly and conspicuously disclose your material connection to Mxt in every endorsement, including social media posts, videos, blog posts, livestreams, and any other content where you promote Mxt's products. Acceptable disclosures include phrases such as "#ad," "#sponsored," "paid partnership with Mxt," or the platform's native disclosure tool (for example, Instagram's "Paid partnership" label).
- Disclosure must be clear and conspicuous. Disclosures should be in the same language as the endorsement, placed where viewers will see them before engaging with the endorsement, and not buried in hashtags or hidden behind "more" links.
- You are responsible for your content. Mxt does not pre-approve every piece of creator content. You are responsible for ensuring your content complies with FTC rules, applicable state law, and the platform's own policies.
- Commission tracking. Impact tracks orders attributable to your referrals and calculates your commissions. Order data is shared with Impact for this purpose, as described in our Privacy Policy.
Mxt may suspend or terminate your participation in the Creator Program at any time if you violate these Terms, Impact's terms, FTC rules, or applicable law.
12
DMCA Copyright Policy.
Mxt respects the intellectual property rights of others. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable law.
12.1 Notification of claimed infringement
If you believe that content available on the Services infringes a copyright you own or control, you may send a written notice to our Designated Copyright Agent (below) containing:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work you claim has been infringed
- Identification of the material that is claimed to be infringing, with information reasonably sufficient to allow us to locate it (such as the URL)
- Your contact information (address, telephone number, and email)
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
You should be aware that under 17 U.S.C. §512(f), you may be liable for damages, including costs and attorneys' fees, if you knowingly materially misrepresent that material is infringing.
12.2 Counter-notification
If you believe that material you posted was removed by mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent containing:
- Your physical or electronic signature
- Identification of the material that was removed and the location where it appeared before removal
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if you are outside the U.S., the federal district court in Delaware), and that you will accept service of process from the party who submitted the original notification or that party's agent
If we receive a valid counter-notification, we may restore the removed material unless the original complainant files a court action seeking to restrain the alleged infringement.
12.3 Repeat infringer policy
We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
12.4 Designated Copyright Agent
Notifications and counter-notifications should be sent to:
The Personalized Beauty Co., Inc.
Attn: Copyright Agent
1773 W San Bernardino Rd, Unit B-19
West Covina, CA 91790
United States
Email: legal@mxt.co
Mxt's Designated Copyright Agent is registered with the United States Copyright Office. The registration can be searched at copyright.gov/dmca-directory.
13
Privacy and Accessibility.
Privacy. Our Privacy Policy at mxt.co/policies/privacy-policy describes how we collect, use, and share your information. By using the Services, you agree to the practices described in the Privacy Policy. The Services are hosted in the United States and are intended for U.S. residents.
Accessibility. Our Accessibility Statement at mxt.co/policies/accessibility-statement describes our commitment to making the Services accessible to people with disabilities, the standards we work to, and how to report accessibility issues.
14
SMS Text Messaging.
If you opt in to receive SMS messages from Mxt — by entering your phone number into a signup form, checking a consent box, or texting a keyword to one of our short codes — the following terms apply:
- Message frequency. Up to 10 messages per month, depending on your activity and our marketing schedule.
- Message and data rates. Standard message and data rates from your wireless carrier may apply. Mxt does not charge you to send or receive SMS messages, but your carrier may.
- Opt out. Reply STOP to any Mxt SMS message at any time to opt out. You will receive a confirmation message and then no further marketing SMS messages.
- Help. Reply HELP to any Mxt SMS message to receive support information. You can also email help@mxt.co or call (424) 210-8707.
- Supported carriers. We support all major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
- Privacy. SMS data is handled in accordance with our Privacy Policy.
SMS is governed by the Telephone Consumer Protection Act (TCPA) and applicable state laws (including the Florida Telephone Solicitation Act and the Washington Commercial Electronic Mail Act). By opting in, you consent to receive SMS messages from Mxt at the number you provided, even if it is on a state or federal "do not call" list.
15
Electronic Communications and Signatures.
When you use the Services — including visiting the website, sending us emails, or completing forms — you are communicating with us electronically. You consent to receive communications from us electronically (by email, SMS, or by posting on the Services), and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing.
You also agree that electronic signatures, contracts, orders, and records have the same legal effect as their handwritten or paper counterparts. You waive any right or requirement under any law in any jurisdiction that requires an original (non-electronic) signature.
16
Term, Termination, and Service Management.
These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services — including by blocking certain IP addresses, suspending your account, deleting User Content, or canceling open subscriptions — at any time, for any reason or for no reason, with or without notice. Reasons we may terminate include:
- Violation of these Terms
- Violation of applicable law
- Behavior that we believe is harmful to other users, our employees, or our business
- Inability to verify or authenticate your information
- Extended account inactivity
- Operational, technical, or business reasons
We reserve the right to monitor the Services for violations of these Terms, to take legal action against violators (including reporting to law enforcement where appropriate), to remove User Content in our discretion, and to manage the Services as we deem appropriate.
If we terminate your account, you may not create a new account under your name or any other identity without our prior written consent.
The provisions of these Terms that by their nature should survive termination — including §§7, 8.2, 9, 18, 19, 20, 21, and 23 — will survive.
17
Modifications and Service Interruptions.
We may change, add to, or remove parts of the Services at any time, without notice. We may also discontinue all or part of the Services at any time. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
We do not guarantee that the Services will be available at all times or that they will be free from errors, interruptions, or security incidents. We may need to perform maintenance, update systems, or respond to problems, and these may cause delays or interruptions. You agree that we have no liability for any loss or inconvenience caused by Service unavailability.
18
Disclaimers.
Product disclaimer. Mxt products are cosmetics, not drugs. They are not intended to diagnose, treat, cure, or prevent any disease. They have not been evaluated by the U.S. Food and Drug Administration as drugs. Always follow the use instructions on the product packaging.
Patch test recommendation. Before using any new skincare product, we recommend a patch test on a small area of skin. If irritation, redness, swelling, or other adverse reaction occurs, discontinue use immediately and consult a qualified medical professional. Refer to the packaging insert for ingredient information, contraindications, and other product-specific warnings.
Not medical advice. The Services, including the skin quiz, are not a substitute for professional medical advice, diagnosis, or treatment. If you have a skin condition, are pregnant or nursing, or are taking any medication, consult a qualified medical professional before using our products.
Some states do not allow disclaimers of certain warranties. If those laws apply to you, some or all of the above disclaimers may not apply to you, and you may have additional rights.
19
Limitation of Liability.
Some states do not allow exclusions or limitations of incidental or consequential damages, so the above may not apply to you in full. In that case, our liability is limited to the maximum extent permitted by law.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or personal injury caused by our products that is the direct result of a product defect.
20
Indemnification.
You agree to defend, indemnify, and hold harmless Mxt and its directors, officers, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your User Content
- Your breach of these Terms
- Your violation of any law or any third party's rights
- Your participation in the Creator Program, if applicable
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, at your expense, and you will cooperate with our defense.
21
Governing Law and Dispute Resolution.
21.1 Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
This choice of Delaware law does not deprive you of any protection of mandatory consumer protection laws in your state of residence, including California's Consumer Protection Act and California's Automatic Renewal Law.
21.2 Informal dispute resolution — required 60-day negotiation
Before either party may start an arbitration or court proceeding (other than the limited exceptions in §21.6), the party with the claim ("Claimant") must first send the other party a written notice of dispute. The notice must be in plain English, must describe the dispute in detail, must explain the relief sought, and must include the Claimant's name, address, and email.
- If you are the Claimant, send your notice to legal@mxt.co with subject line "Notice of Dispute," with a copy by mail to the address in §24.
- If Mxt is the Claimant, we will send our notice to the email and postal address you have on file with us.
After the notice is received, the parties agree to spend 60 days attempting in good faith to resolve the dispute through informal negotiation. Either party may request a phone or video conference during the 60-day period. The 60-day period acts as a procedural condition — neither party may file an arbitration demand or court proceeding (except for the exceptions in §21.6) until the 60-day period has expired and the dispute remains unresolved.
This 60-day informal negotiation requirement is enforceable. A party that begins arbitration or court proceedings without first completing the informal negotiation may have the proceeding dismissed or stayed.
21.3 Binding individual arbitration
If informal negotiation does not resolve the dispute, all disputes will be resolved by binding individual arbitration administered by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures. The NAM rules are available at namadr.com/resources/rules-fees-forms.
You and Mxt are each waiving the right to a trial by jury or to participate in a class action. Arbitration is less formal than a lawsuit in court, uses different rules, and provides limited rights to appeal. An arbitrator can award the same individual damages and relief that a court can award.
The arbitration will take place in Wilmington, Delaware, except that the arbitrator may permit appearances by phone, video, or written submission where appropriate. The arbitrator will apply Delaware law (subject to §21.1) and will issue a written decision describing the essential findings and conclusions.
21.4 Class action waiver
You and Mxt agree that any dispute will be resolved only on an individual basis, and not as a class, collective, representative, or private attorney general action. No arbitration or proceeding will be combined with any other arbitration or proceeding without the prior written consent of both you and Mxt. If a court or arbitrator decides that this class action waiver is unenforceable as to any claim, that claim will be heard in a court of competent jurisdiction under §21.7 (not in arbitration), and the rest of the dispute will continue in arbitration.
21.5 Mass-filing provisions
If 25 or more individual demands for arbitration of substantially similar claims are filed against Mxt within a 90-day period by or on behalf of claimants represented by the same or coordinated counsel ("Mass Filings"), the following procedures apply:
- All such demands will be deemed Mass Filings, will be administered together by NAM, and will be governed by NAM's Mass Filing Supplemental Rules.
- The arbitrator(s) will, in coordination with the parties, select a number of bellwether cases (typically 10) to be arbitrated first. The parties will participate in good faith in selection.
- After the bellwether cases are arbitrated, the parties will engage in mediation for a period of at least 90 days to attempt resolution of the remaining cases.
- Filing fees and arbitrator fees for Mass Filings will be governed by NAM's Mass Filing Supplemental Rules and the parties' respective obligations under those rules.
- If after the bellwether arbitrations and mediation any cases remain unresolved, the parties may agree to proceed individually or to extend the mediation period.
This section is intended to provide an orderly, efficient process for resolving large numbers of similar claims while preserving each claimant's right to individual arbitration.
21.6 Exceptions to arbitration
The following disputes are not subject to arbitration:
- Claims by either party to enforce or protect intellectual property rights (including injunctive relief related to copyright, trademark, trade secret, or patent claims)
- Small claims court actions, if the claim qualifies for small claims court under the applicable rules
- Claims for injunctive or equitable relief to prevent ongoing harm
- Any other dispute that the parties agree in writing to resolve in court rather than arbitration
21.7 Forum for non-arbitrable claims
For disputes that fall under §21.6 or where arbitration is otherwise found unavailable, you and Mxt consent to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware. Each party waives any objection to that venue (including any forum-non-conveniens defense).
21.8 Time limit for claims
Any claim under these Terms must be brought within one (1) year after the cause of action arises, except where applicable law provides a shorter period or prohibits this contractual shortening of the limitation period.
21.9 Opt out of arbitration
You may opt out of the arbitration provisions in §§21.3–21.5 within 30 days of first agreeing to these Terms by sending a written opt-out notice to legal@mxt.co with subject line "Arbitration Opt-Out." The notice must include your full name, the email address associated with your Mxt account, and a statement that you are opting out of arbitration. If you opt out, the §21.7 forum provisions apply to all disputes.
21.10 Severability
If any portion of §21 is found unenforceable, that portion will be severed and the remainder will continue in effect. However, if §21.4 (class action waiver) is found unenforceable in its entirety, then §§21.3 (arbitration) and 21.5 (mass-filing provisions) are also unenforceable, and all disputes will proceed in court under §21.7.
22
California Residents.
If you are a California resident:
- Complaint Assistance Unit. Under California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- Automatic renewal law. California Business & Professions Code §17602 ("California Automatic Renewal Law") governs our subscription practices for California consumers. The disclosures in §5 are intended to satisfy that law. If you are a California consumer and we have not complied, you may have additional rights under §17604.
- Privacy rights. California consumers have rights under the California Privacy Rights Act (CPRA). Those rights are described in our Privacy Policy.
- Choice of law and consumer protection. As stated in §21.1, the Delaware choice of law in these Terms does not deprive you of the protection of mandatory California consumer protection laws.
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General Provisions.
Entire agreement. These Terms, together with our Privacy Policy, Return Policy, Accessibility Statement, and any policies referenced in or operating rules posted on the Services, constitute the entire agreement between you and Mxt with respect to the Services. They supersede any prior agreements between you and Mxt on the same subject.
Severability. If any provision of these Terms is found unenforceable or invalid, that provision will be severed, and the remaining provisions will continue in full force.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision. A waiver is effective only if it is in writing and signed by us.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, and any of our rights and obligations, without your consent (for example, in connection with a merger, acquisition, or sale of assets), provided that the assignee agrees to honor these Terms.
Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, labor disputes, supply-chain disruption, internet or utility outages, or third-party service-provider failures. This does not excuse payment obligations for products already delivered.
Notices. Any legal notice to Mxt must be sent by email to legal@mxt.co with a copy by mail to the address in §24. Notices to you will be sent by email to the address on your account or, if no email is on file, by mail to the most recent address on file. Notices are effective upon receipt for email and three (3) days after posting for mail.
Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Mxt.
No third-party beneficiaries. Except as expressly stated, these Terms do not create rights for any third party.
Headings. Section headings are for convenience only and do not affect interpretation.
Construction. These Terms will not be construed against the drafter. Both parties acknowledge they have had the opportunity to review and negotiate these Terms.
Electronic copies. These Terms may be displayed and accepted electronically. An electronic copy of these Terms is admissible in any legal or administrative proceeding to the same extent as a paper copy.
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How to Contact Us.
Contact Us
How to reach the right team.
Different inquiries route to different mailboxes — pick the one that matches your question for the fastest response.
By mail:
The Personalized Beauty Co., Inc.
1773 W San Bernardino Rd, Unit B-19
West Covina, CA 91790
United States
We aim to respond to general inquiries within 5 business days and to legal notices within the time frames required by applicable law.