Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of vitalixhair.co (the "Site") and all related products, content, and services (collectively, the "Services") provided by VITALIX LLC, a Texas limited liability company doing business as Vitalix Hair ("Vitalix", "we", "us", or "our"). By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Site.

For purposes of these Terms, any reference to Vitalix in connection with the products, services, branding, or operations covered by these Terms shall refer to and be operated under the Vitalix Hair brand.

Brand and Transaction Information

Welcome to Vitalix Hair! Vitalix is a brand owned and operated by SILENT SCALE. All transactions made through this website are processed by SILENT SCALE.

2. Eligibility

You represent that you are at least the age of majority in your jurisdiction of residence and have the legal capacity to enter into a binding contract. The Site is intended for use by individuals; orders for resale or commercial redistribution require a separate wholesale agreement at contact@vitalixhair.co

3. Products and Marketing Claims

Vitalix products are personal-care cosmetics intended for external use on hair and scalp. Statements made on the Site and in our marketing materials describe the cosmetic properties of our products. Vitalix products are not drugs, are not intended to diagnose, treat, cure, or prevent any disease, and have not been evaluated by the U.S. Food and Drug Administration for such purposes.

Customer testimonials reflect the experiences of the individuals featured and are not a guarantee of the results you will experience. Individual outcomes vary based on hair type, consistency of use, and other factors.

4. Pricing, Availability, and Errors

Prices and product availability are subject to change without notice. We reserve the right to correct typographical errors, pricing errors, or inaccuracies in product descriptions, and to cancel any order placed in reliance on such errors. If your payment method has already been charged for an order we cancel, we will issue a full refund.

5. Orders, Payment, and Shipping

By placing an order, you authorize us to charge your selected payment method for the full amount of the order, including taxes and shipping. Orders are subject to acceptance by us; we may decline or cancel any order at our discretion. Shipping terms and delivery estimates are governed by our Shipping Policy.

All transactions made through the Site are processed by SILENT SCALE on behalf of the applicable brand or business entity.

6. Refunds and Returns

Refunds and returns are governed by our Refund Policy, which provides a 90-day satisfaction guarantee on every Vitalix product.

7. Subscriptions

Subscription, pre-order, and try-before-you-buy purchases are governed by our Cancellation Policy.

8. User Conduct

You agree not to use the Site or Services for any unlawful purpose, not to interfere with the operation of the Site, not to attempt to gain unauthorized access to any portion of the Site, and not to use the Site to transmit malware or harmful code. We reserve the right to terminate access for any user who violates this Section.

9. Intellectual Property

The Site, including all text, graphics, photographs, video, logos, and other content, is owned by or licensed to Vitalix and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of the content without our prior written permission, except as expressly permitted by these Terms.

10. User Content

If you submit reviews, photographs, comments, or other content to us or post such content on social media using our branded hashtags, you grant Vitalix a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, and display that content in connection with our marketing of the Services. You represent that you own or have all necessary rights to the content you submit and that the content does not violate any third party's rights.

11. Third-Party Services and Links

The Site may contain links to third-party websites and integrate third-party services (including Shopify, payment processors, shipping carriers, and analytics providers). We are not responsible for the content, policies, or practices of any third party. Your use of third-party services is governed by their own terms.

12. Disclaimers

The Site and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Vitalix disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except those expressly granted in our Refund Policy. We do not warrant that the Site will be uninterrupted, secure, or error-free.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Vitalix's total aggregate liability arising out of or relating to your use of the Site or Services, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount you paid to Vitalix in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Vitalix shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this Section may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vitalix and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site or Services, your violation of these Terms, or your violation of any third party's rights.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Except as provided in Section 16, any action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution and Arbitration

Please read this Section carefully. It requires you and Vitalix to resolve disputes through binding individual arbitration and waives your right to a jury trial and to participate in any class action.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services that cannot be resolved by direct, good-faith negotiation within thirty (30) days of written notice shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Austin, Texas, or, at your election, by videoconference or telephone. The arbitrator's award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.

You and Vitalix agree that any arbitration or other proceeding shall be conducted only on an individual basis and not as a class, collective, or representative action. The arbitrator may not consolidate claims of more than one person without the consent of all parties.

Exceptions.

Notwithstanding the foregoing, either party may bring a claim in small claims court for claims within that court's jurisdiction, and either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

Opt-out.

You may opt out of this arbitration agreement by sending written notice to contact@vitalixhair.co within thirty (30) days of first accepting these Terms. The notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.

17. Termination

We reserve the right to suspend or terminate your access to the Site or any portion of the Services at any time, with or without cause, with or without notice. Sections that by their nature should survive termination (including Sections 9–17, 19, and 20) shall survive.

18. Modifications

We may revise these Terms from time to time. Any revisions are effective when posted to the Site. Your continued use of the Site after a revision constitutes acceptance of the revised Terms. Material changes to the arbitration provisions in Section 16 will not apply retroactively to disputes that arose before the change.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and Cancellation Policy, constitute the entire agreement between you and Vitalix regarding your use of the Services and supersede any prior agreements between you and Vitalix on the same subject.

21. Contact

VITALIX LLC (dba Vitalix Hair)
5900 Balcones Drive, STE 100
Austin, TX 78731, USA
Email: contact@vitalixhair.co