RAYLUNA SKIN — TERMS OF SERVICE

Last Updated: April 27, 2026

OVERVIEW

Welcome to Rayluna Skin! The terms "we", "us" and "our" refer to Rayluna Skin. Rayluna Skin operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Rayluna Skin is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING (1) MANDATORY ELIGIBILITY REPRESENTATIONS AND HEALTH SCREENING, (2) AN EXPRESS ASSUMPTION OF RISK AND RELEASE OF LIABILITY, (3) A TIERED LIMITATION OF LIABILITY AND DAMAGES CAP, (4) A MANDATORY PRE-SUIT NOTICE AND PRODUCT-INSPECTION REQUIREMENT, (5) A BINDING INDIVIDUAL ARBITRATION PROVISION, (6) A CLASS ACTION, MASS ACTION, AND JURY TRIAL WAIVER, AND (7) A ONE-YEAR LIMITATION ON THE TIME TO BRING CLAIMS.

By visiting, interacting with or using our Services, or by purchasing or using any of our Products, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services or purchase or use our Products. The price you pay for any Product reflects the allocation of risk set forth in these Terms, and the limitations and waivers herein are a material basis of the bargain between you and Rayluna Skin.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. The Products are intended solely for use by healthy adults aged 18 and over. You may not purchase or use the Products for or on any minor.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Rayluna Skin reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Rayluna Skin confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Rayluna Skin may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Rayluna Skin, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Rayluna Skin, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Rayluna Skin.

Rayluna Skin’s names, logos, product and service names, designs, and slogans are trademarks of Rayluna Skin or its affiliates or licensors. You must not use such trademarks without the prior written permission of Rayluna Skin. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Rayluna Skin is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Rayluna Skin. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rayluna Skin, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Rayluna Skin.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Rayluna Skin, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Eligibility Representations and Health Screening, Assumption of Risk; Not a Medical Device; No Medical Advice, No Reliance on Marketing or Testimonials, Disclaimer of Warranties, Limitation of Liability, Pre-Suit Notice and Product Inspection, Dispute Resolution; Binding Individual Arbitration; Class Action Waiver, Time Limitation on Claims, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — ELIGIBILITY REPRESENTATIONS AND HEALTH SCREENING

The Products, including the Rayluna Skin Micro Needling device and any related accessories, replacement cartridges, serums, or topical products (collectively, the "Products"), involve the use of fine needles or active topical ingredients on the skin and carry inherent risks. To reduce those risks, you make the following representations and warranties to Rayluna Skin EACH TIME you purchase or use a Product. These representations are a material inducement for Rayluna Skin to sell the Products to you, and any breach is a material breach of these Terms.

You represent, warrant, and certify that:

(a) You are at least 18 years of age and the age of majority in your jurisdiction;

(b) You are using the Product solely on yourself, for personal cosmetic purposes, in accordance with all included instructions, warnings, hygiene protocols, sanitization requirements, patch-test requirements, and frequency-of-use guidelines;

(c) You are NOT pregnant or nursing;

(d) You are NOT currently taking, and have not within the timeframes specified in the included instructions taken, any medication that may affect skin healing, bleeding, or immune response, including but not limited to retinoids, isotretinoin, blood thinners, anticoagulants, immunosuppressants, or chemotherapy agents;

(e) You do NOT have any active or recent skin condition in the area of intended use, including but not limited to active acne, eczema, psoriasis, rosacea, dermatitis, keloid or hypertrophic scarring history, cold sores, herpes simplex outbreak, sunburn, open wound, recent cosmetic procedure, or any active bacterial, fungal, or viral infection;

(f) You do NOT have diabetes, a bleeding or clotting disorder, hemophilia, an autoimmune condition, a compromised or suppressed immune system, HIV, hepatitis, a history of poor wound healing, or any other medical condition that may affect skin healing or response to microneedling or topical actives;

(g) You have either consulted a licensed physician or dermatologist regarding your suitability for using the Product or have knowingly and voluntarily elected not to do so and accept all risks of that decision; and

(h) All information you have provided to Rayluna Skin in connection with your purchase is true, accurate, and complete.

If any of the above representations is or becomes untrue at any time before or during your use of a Product, you agree to immediately discontinue use of the Product. Any breach of these representations voids any warranty (express or implied), constitutes misuse of the Product, and shall be a complete defense to any claim you may bring against Rayluna Skin arising out of your use of the Product, and shall trigger your indemnification obligations under Section 22.

SECTION 16 — ASSUMPTION OF RISK; NOT A MEDICAL DEVICE; NO MEDICAL ADVICE

The Products are cosmetic personal care products intended solely for at-home, non-professional use by healthy adults aged 18 and over who satisfy the eligibility representations in Section 15. The Products are NOT medical devices, are NOT intended to diagnose, treat, cure, mitigate, or prevent any disease or skin condition, and have not been evaluated or approved by the U.S. Food and Drug Administration for any medical purpose.

Any information provided through the Services — including blog content, product descriptions, usage instructions, video content, customer testimonials, before-and-after images, social media posts, influencer content, and email communications — is for general informational and cosmetic purposes only and does NOT constitute medical, dermatological, or professional advice, diagnosis, or treatment. You should consult a licensed physician or dermatologist before using the Products if any condition listed in Section 15 applies to you or if you have any other medical condition or concern.

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE AND USE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO: SKIN IRRITATION, REDNESS, SWELLING, BRUISING, BLEEDING, SCABBING, DRYNESS, FLAKING, PEELING, HYPERPIGMENTATION, HYPOPIGMENTATION, ALLERGIC OR HYPERSENSITIVITY REACTION, BREAKOUTS, FOLLICULITIS, INFECTION (BACTERIAL, FUNGAL, OR VIRAL), HERPES REACTIVATION, GRANULOMA FORMATION, SCARRING (INCLUDING KELOID OR HYPERTROPHIC SCARRING), TEMPORARY OR PROLONGED ADVERSE REACTIONS, OR OTHER UNEXPECTED OUTCOMES. YOU ACKNOWLEDGE THAT SUCH RISKS ARE INHERENT TO THE USE OF MICRONEEDLING DEVICES AND TOPICAL COSMETIC PRODUCTS, CANNOT BE ELIMINATED, AND MAY OCCUR EVEN WITH PROPER USE.

You agree that you are solely responsible for following all included instructions, warnings, hygiene protocols, patch-testing, sanitization, and frequency-of-use guidelines, and that any failure to do so is at your own risk and constitutes misuse of the Product. You agree that any results you experience may vary from person to person and are not guaranteed.

By purchasing or using the Products, you knowingly, voluntarily, and freely assume any and all risks of injury, loss, or damage arising from your use or misuse of the Products, and you waive, release, and discharge Rayluna Skin, its owners, officers, employees, affiliates, agents, and licensors from any and all claims, demands, causes of action, damages, losses, or liabilities arising from such risks, to the fullest extent permitted by law. This release does not apply to claims that cannot lawfully be released under applicable law, including, where applicable, claims for gross negligence, willful misconduct, or fraud.

SECTION 17 — NO RELIANCE ON MARKETING, TESTIMONIALS, OR THIRD-PARTY CONTENT

You acknowledge and agree that:

(a) The only authoritative information about the Products is contained in the official product packaging, included instructions, and the product description on the official Rayluna Skin website at the time of your purchase (collectively, the "Official Product Documentation");

(b) Customer testimonials, reviews, before-and-after photographs, social media content, influencer content, advertising creative, and any third-party content concerning the Products reflect individual experiences only, are not representative of typical results, and do not constitute representations, warranties, or guarantees by Rayluna Skin;

(c) No oral or written statement, representation, or guarantee made by any salesperson, customer service representative, influencer, affiliate, retailer, or other third party that is inconsistent with or in addition to the Official Product Documentation shall be binding on Rayluna Skin or relied upon by you;

(d) Any general claims regarding skin appearance, texture, tone, or aesthetic improvement refer to cosmetic effects only and are NOT medical claims; and

(e) You have not relied on any statement or information outside the Official Product Documentation in deciding to purchase or use the Products.

To the fullest extent permitted by law, you waive any claim based on alleged reliance on any communication outside the Official Product Documentation.

SECTION 18 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY RAYLUNA SKIN IN A WRITING SIGNED BY AN AUTHORIZED OFFICER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR COSMETIC RESULT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 19 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL RAYLUNA SKIN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

Tiered Aggregate Cap. Without limiting the foregoing, the total aggregate liability of Rayluna Skin and its affiliates to you for any and all claims arising out of or relating to these Terms, the Services, or any Product shall be limited as follows, and the parties agree this tiered cap is a material basis of the bargain and reflects the allocation of risk in the price paid for the Products:

(a) Default Cap. For all claims other than personal-injury claims to which subsection (b) applies, total aggregate liability shall not exceed the greater of (i) the total amount you paid to Rayluna Skin for the specific Product giving rise to the claim in the six (6) months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100.00).

(b) Personal-Injury Fallback Cap. If, and only to the extent that, a court or arbitrator of competent jurisdiction finds the cap in subsection (a) unenforceable as applied to a claim for bodily injury, then total aggregate liability for that claim shall not exceed five thousand U.S. dollars ($5,000.00). If subsection (b) is itself found unenforceable as applied to such a claim, liability shall be limited to the maximum extent otherwise permitted by applicable law.

(c) Carve-Outs. Nothing in this Section limits liability for (i) gross negligence, willful misconduct, or fraud; (ii) any liability that cannot be limited or excluded under applicable law; or (iii) a party’s indemnification obligations.

This Section 19 applies regardless of the legal theory on which any claim is based and shall survive even if any limited remedy is found to fail of its essential purpose. The tiered structure in subsections (a) and (b) is severable: if any tier or sub-tier is found unenforceable, the next applicable tier shall apply.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 20 — PRE-SUIT NOTICE, PRODUCT PRESERVATION, AND INSPECTION

As a condition precedent to bringing any claim against Rayluna Skin alleging a Product defect, malfunction, contamination, or any injury or damage arising from a Product, you agree to comply with the following procedures. These procedures are intended to allow Rayluna Skin a fair opportunity to investigate, evaluate, and where appropriate resolve claims, and are in addition to the informal-resolution and arbitration provisions in Section 21.

(a) Written Notice. You must provide written notice to support@raylunaskin.com within thirty (30) days after the date you discovered or reasonably should have discovered the alleged defect, injury, or damage. The notice must include: (i) your full name and contact information; (ii) the order number and date of purchase; (iii) a detailed description of the alleged defect, injury, or damage; (iv) the date and circumstances of the incident; (v) the relief you seek; and (vi) all photographic, video, medical, or other documentary evidence then in your possession.

(b) Preservation of the Product. You agree to preserve the Product, all original packaging, all replacement cartridges or accessories, any related serums or topicals, and any associated receipts, instructions, and packaging in their post-incident condition. You agree NOT to discard, alter, repair, modify, clean, or transfer the Product or any related items until Rayluna Skin has had a reasonable opportunity to inspect them.

(c) Inspection. Within thirty (30) days of receiving notice under subsection (a), Rayluna Skin may request, at its option and expense, return of the Product and related items for inspection and analysis. You agree to cooperate reasonably with any such inspection request. Rayluna Skin will return the Product upon completion of inspection unless destructive testing is required, in which case Rayluna Skin will obtain your prior written consent.

(d) Cure Period. Following receipt of your written notice and any inspection, Rayluna Skin shall have sixty (60) days to investigate and propose a resolution before you may commence arbitration or litigation.

(e) Effect of Non-Compliance. Failure to comply with this Section 20 in any material respect may, to the fullest extent permitted by law, be raised as a defense to any claim, including as spoliation of evidence, and may result in dismissal, reduction, or denial of the claim.

SECTION 21 — DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION.

(a) Informal Resolution. Before filing any claim against Rayluna Skin, you agree to first comply with Section 20 (where applicable) and to contact us at support@raylunaskin.com and provide a written description of your claim, the relief you seek, and any supporting documentation. You and Rayluna Skin agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days before initiating arbitration. This informal resolution period and compliance with Section 20 are conditions precedent to commencing any arbitration.

(b) Binding Individual Arbitration. Except as set forth in subsection (d) below, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, the Products, any advertising or marketing of the Products, your purchase or use of the Products, or any alleged injury, damage, or loss of any kind (collectively, "Disputes") shall be resolved EXCLUSIVELY by FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (and, where applicable, the AAA Consumer Due Process Protocol), and not in a court of law. The arbitration shall be conducted by a single neutral arbitrator. The parties shall endeavor in good faith to select an arbitrator with experience in consumer products or product liability matters. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this provision.

(c) Class, Collective, and Mass Action Waiver; Jury Trial Waiver. YOU AND RAYLUNA SKIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING (INCLUDING BUT NOT LIMITED TO PRIVATE ATTORNEY GENERAL ACTIONS). The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of representative or class proceeding. YOU AND RAYLUNA SKIN EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court or arbitrator determines that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed and brought in a court of competent jurisdiction, but all other claims shall remain subject to individual arbitration.

(d) Limited Exceptions. Either party may bring an individual action in small claims court in the county of the consumer’s residence for claims within that court’s jurisdiction. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to enforce confidentiality obligations.

(e) Arbitration Location and Costs. The arbitration shall be conducted by telephone, online, or through written submissions; in-person hearings, if requested by you, shall take place in the county of your residence or at another mutually agreed location. Each party shall bear its own attorneys’ fees and costs except as otherwise required by the AAA Consumer Arbitration Rules or applicable law.

(f) 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@raylunaskin.com within thirty (30) days of your first purchase from Rayluna Skin. Your notice must include your full name, mailing address, the email address used for your purchase, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, and you will retain the ability to bring claims in court subject to all other provisions of these Terms (including the Class, Collective, and Mass Action Waiver and Jury Trial Waiver in subsection (c) to the maximum extent permitted by law).

(g) Severability. If any portion of this Section 21 is found unenforceable, the remainder shall remain in full force and effect, except that if the Class, Collective, and Mass Action Waiver in subsection (c) is found unenforceable in its entirety with respect to a particular claim, then this entire arbitration Section shall be null and void as to that claim only.

(h) Survival. This Section 21 shall survive termination of these Terms and your relationship with Rayluna Skin.

SECTION 22 — TIME LIMITATION ON CLAIMS

ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 23 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rayluna Skin, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers (the "Indemnified Parties") from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your breach of any representation or warranty in Section 15 (Eligibility Representations and Health Screening); (3) your violation of any law or the rights of a third party; (4) your access to and use of the Services; (5) your use, misuse, or modification of any Product, including any failure to follow Official Product Documentation, hygiene, sanitization, patch-testing, or frequency-of-use instructions; or (6) any use of a Product on any person other than yourself.

Additionally, to the fullest extent permitted by law, you waive any first-party claim against the Indemnified Parties, and agree that any such claim is fully barred, to the extent the claim arises from: (i) your breach of the eligibility representations in Section 15; (ii) your failure to follow the Official Product Documentation; (iii) failure to sanitize the Product or to use sterile cartridges as instructed; (iv) use of the Product in combination with any product, ingredient, or device not authorized in the Official Product Documentation; or (v) any other misuse of the Product. This waiver is in addition to, and not in lieu of, the limitations of liability in Section 19.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 24 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Where a provision contains tiered or alternative formulations (such as Section 19), unenforceability of any tier or formulation shall not affect the enforceability of any other tier or formulation, and the next-applicable tier shall govern.

SECTION 25 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with the Official Product Documentation and any policies or operating rules posted by us on this site or in respect to the Services (including the Privacy Policy and Refund Policy), constitute the entire agreement and understanding between you and us and govern your use of the Services and your purchase and use of the Products, superseding any prior or contemporaneous agreements, communications, advertising, marketing materials, testimonials, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 27 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Subject to the binding arbitration provisions in Section 21, you and Rayluna Skin consent to the exclusive venue and personal jurisdiction of the federal and state courts located in Cook County, Illinois for any matters not subject to arbitration.

SECTION 28 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 29 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 30 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@raylunaskin.com.

Our contact information is posted below:

support@raylunaskin.com

1630 S Princeton Ave Unit #647, Arlington Heights, IL 60005

+1 (800) 913-4218