Glow Up LLC Terms of Use

Last Updated: [ October, 2d / 2025 ]

These Terms of Use (“Terms” or “Terms of Use”) are entered into by and between you (“User,” “you,” or “your”) and Glow Up LLC (“GlowUp,” “we,” or “us”) and govern your use the Platform (as defined below).

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent and warrant that you are of legal age to form a binding contract with us AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THAT YOU reside in the United States or any of its territories, AND THAT YOU HAVE READ AND UNDERSTAND, AND accept and agree to COMPLY WITH AND be LEGALLY bound by, these Terms in full. IF YOU DO NOT AGREE TO THE TERMS, or if you otherwise do not meet the FOREGOING Requirements in ANY WAY, YOU MAY NOT ACCESS OR USE THE PLATFORM.

CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms to reflect changes in applicable laws and regulatory requirements relating to the use of the Platform and related services, or to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

PLATFORM

2.1 Platform: Overview

Our “Platform” means, collectively: any website owned or operated by GlowUp that directly links to these Terms (including the website currently located at https://glowupllc.com/, https://maxxing.app/, https://www.mewing.app/, and any and all features, functionality, tools and content available on or through each such website other than the Platform (collectively, the “Website”); any web, mobile or downloadable application owned or operated by GlowUp, through which access to any component of the Platform is available (“Apps”); and any and all other technology through which GlowUp provides the Platform, including all application programming interfaces or other integrations with third-party Services (as defined below) that are owned, developed, accessed or otherwise utilized by GlowUp in connection with providing the Platform.

2.2 User Scores and Improvement Suggestions

The Platform includes functionality that allows you to voluntarily submit information, including but not limited to photographs, videos, or other media, data, and information (“User Submissions”), to receive a personalized appearance evaluation score and potential enhancement score (collectively, “Scores”). These Scores are generated using proprietary algorithms that analyze visual and other submitted input to generate generalized assessments related to visual presentation. The Platform may also provide non-medical improvement suggestions, which are informational recommendations intended to help Users explore ways to potentially achieve Scores to achieve the potential appearance enhancements based on the algorithmic outputs (“Suggestions”).

Users acknowledge and agree that:

The Scores are subjective, automatically generated, and do not constitute a medical diagnosis, psychological assessment, or professional beauty consultation;
The Scores reflect algorithmic interpretations based on limited data inputs and may not reflect actual attractiveness, social value, or personal worth;
No representation or warranty is made as to the accuracy, scientific validity, or reliability of the Scores or any implied claims regarding physical improvement or appearance outcomes.

By submitting User Submissions to the Platform, including photographs and other media, you grant GlowUp a non-exclusive, worldwide, royalty-free license to use, process, analyze, and store your submissions for the purpose of generating Scores, providing Suggestions, and improving the functionality and accuracy of the Platform. For more information about how we use User Submissions, please refer to our privacy policy here (“Privacy Policy”). You represent and warrant that you have all necessary rights and consents to upload and submit any User Submissions, and that such User Submissions do not infringe upon the rights (including privacy rights) of any third party.

2.3 Biometric Data Disclosure

When you submit photographs of your face to be as User Submissions to receive Suggestions and Scores, we may process the photograph and information derived from such photogram, including biometric identifiers such as your facial geometry. If you are a resident of Illinois, please see our Illinois Biometric Information Privacy Notice.

2.5 User Conduct Guidelines

You warrant that you shall not, directly or indirectly, attempt to or actually:

access or use the Platform to violate any laws or regulations or infringe the rights of any third party (including intellectual property, privacy, or publicity-related rights);
access, copy, distribute, share, publish, use, store, or prepare derivative works from any Platform content for purposes that are inconsistent with the Terms, or lease, distribute, license, sell, or otherwise commercially exploit or transfer or grant rights in or to the Platform to any third parties;
share any access credentials to a respective user’s account on the Platform or otherwise assist an unauthorized user in accessing the Platform;
upload any User Submissions to the Platform that you do not have the necessary rights or permissions to upload;
circumvent our systems (including by attempting to access or use the Platform if you have been temporarily or permanently prohibited or blocked from using the same);
interact with the Platform by “scraping,” “crawling” or “spidering” the Platform by any other means;
use, display, mirror, or frame the Platform in whole or in part, or any GlowUp Marks or other proprietary information, without GlowUp’s express written consent;
interfere with, disrupt, damage or compromise the Platform or our systems or the access of any user of the Platform;
attempt to reproduce, decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Platform;
use the Platform for purposes of (1) benchmarking or competitive analysis of the Platform, (2) developing, using, or providing a competing software product or service, or (3) any other purpose that is to GlowUp’s detriment or commercial disadvantage; or
otherwise abuse the Platform or breach the Terms.

GlowUp reserves the right to monitor access to or use of the Platform by any user, and to investigate and prosecute all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law. You agree to cooperate with and assist GlowUp or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.

2.6 Accounts

To access the Platform or some of the resources it offers, you are required to use a registered account (“Account”). It is a condition of your use of the Platform that all the Account information about you remains correct, current, and complete. It is your responsibility to update any Account information when it becomes out-of-date. Any personal data processed by us with respect to your Account will be done so in accordance with our Privacy Policy. You agree that your access credentials with respect to your Account must be treated as confidential information, and you must not disclose Account access credentials to any other person or entity.

2.7 Changes to Terms

2.8 Third-Party Services

The Platform may incorporate or otherwise rely on certain software, software services, and other services, content, information, data, and other materials that are: (x) incorporated within, displayed on, or offered through or in connection with the Platform; and (y) owned, operated, offered, or provided by third parties other than GlowUp (“Third-Party Services”). We do not control and shall not be liable to you for any Third-Party Services you may engage with on, through, or in connection with the Platform.

2.9 Third-Party Products

The Platform may suggest, reference, or provide links to third-party products, services, or content (“Third-Party Products”) in connection with the Suggestions or as part of the user experience. These recommendations may be generated automatically based on your Scores, preferences, or interactions with the Platform. GlowUp does not endorse, warrant, guarantee, or assume responsibility for any Third-Party Products, whether or not linked to or recommended by the Platform. All Third-Party Products are offered and sold by independent third parties and are subject to their own terms, policies, and conditions. You are strongly encouraged to conduct your own research and consult appropriate professionals before purchasing or using any Third-Party Products.

NO ENDORSEMENTS

The Platform may provide links to or otherwise incorporate third-party websites, resources, content, or services (collectively referred to as “Third-Party Material”). GlowUp is not responsible or liable to any user or any other third party for the accuracy, validity, sufficiency, authenticity, or completeness of any Third-Party Material, or the availability, terms, or practices of any providers of such Third-Party Material. Use of or links to Third-Party Material on or through the Platform does not imply any endorsement, warranty, or guarantee by GlowUp of such Third-Party Materials or the providers thereof. You acknowledge sole responsibility for and assume all risk arising from your use of all Third-Party Materials.

SUBSCRIPTION TERMS; PAYMENT; TAXES; AND AUTO-RENEWAL

4.1 Subscription Access and Billing

Access to certain features or content of the Platform may require a paid subscription (“Subscription”). By purchasing a Subscription, you agree to pay all applicable fees and charges in accordance with the pricing and payment terms presented to you at the time of purchase. Subscriptions can be purchased via the App Store, Google Play, or directly from our website using a credit/debit card, apple pay or PayPal. Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually), as selected by you at the time of purchase

4.2 Auto-Renewal and Cancellation

IMPORTANT NOTICE: UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION, AND YOU WILL BE CHARGED AUTOMATICALLY USING THE PAYMENT METHOD ON FILE.

By purchasing a Subscription, you authorize GlowUp and its respective payment processor to charge your selected payment method on a recurring basis, until you cancel. Subject to any applicable Trial Offers, renewal fees will be at the rate then in effect, unless otherwise disclosed to you in advance.

You may cancel your Subscription at any time through your account settings or by contacting customer support at support@glowupllc.com. Cancellation will take effect at the end of the current billing period. You will not receive a refund for the remainder of the subscription term.

Important Note: Uninstalling the App does not automatically cancel your subscription. To stop recurring charges, you must actively cancel the auto- renewal through your account settings.

Cancelling Website Purchases:

A: cancel your subscription purchased on our website in your account:

Open the Maxxing app (reinstall if it was deleted). Link to download: iOS, Android
Log in with the email and password you received after purchase.
- Tip: search your email inbox for the keyword “Maxxing” to find your login details.
Go to Settings
Go to Subscription Details
Tap "Cancel Subscription"
Follow the instructions

B: cancel your subscription purchased on our website by sending a cancellation request to support@glowupllc.com

Cancelling App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple's support page on managing subscriptions.

Cancelling Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google's support page.

4.3 Trial Subscriptions

We may provide trial subscriptions, which can be either free or paid, allowing temporary access to our App. If a trial is available, this will be explicitly stated during the checkout process. If no such notice is provided, your subscription purchase will proceed without any trial period. We reserve the right to restrict your ability to participate in multiple trial offers.Automatic

Conversion to Paid Subscription: Unless you cancel at least 24 hours before the trial ends, your payment method will be charged the subscription fee displayed during purchase for the selected subscription plan.

4.4 Price Changes

GlowUp reserves the right to modify the pricing for Subscriptions at any time. In the event of a price change, we will provide you with reasonable advance notice by email or via an in-App notification. Price changes will take effect on the next renewal term following such notice, provided that you have not canceled your Subscription prior to the renewal.

4.5 Payment Authorization.

You authorize us to charge the payment method provided at checkout or at the end of any trial period. Payment options include credit/debit cards, PayPal, Apple Pay, Google Pay etc. If you purchase a subscription through the App Store or Google Play, the payment will be charged to your credit/debit card via your respective account upon confirmation of your subscription.

Alternatively, if you subscribe through our websites (including but not limited to https://maxxing.me), the payment will be processed using your credit/debit card or PayPal account once you select a subscription and confirm your purchase.

4.6 Non-Refundable Transactions

Except where applicable law provides otherwise or as outlined in these Terms, all payments are final, non-refundable, and non-transferable.

4.7 Money-Back Policy

GlowUp offers a 30-day money-back guarantee on your subscription, subject to the following conditions:

Eligibility: The Guarantee applies only once per user and only within the first 30 days of starting a subscription. It does not apply to upgrades, add-ons, or repeat purchases after cancellation and re-signup.
Minimum Usage: You must have completed at least 21 separate days of your program within the first 30 days after purchase. GlowUp will verify usage internally.
Refund Scope: If you qualify, GlowUp will refund the most recent subscription charge (excluding any trial fee). Refunds are limited to one per user and will be returned to the original payment method.
How to Claim: Requests must be emailed to support@glowupllc.com within thirty (30) calendar days of your original subscription purchase. Requests received after this period are not eligible.
Clarification: The Guarantee does not apply to subscriptions canceled within the first 21 days, even if requested within 30 days of purchase.

Except as required by law or expressly provided above, all payments are final and non-refundable.

Additional Provisions: The refund amount is capped at USD 60.00. Refunds are processed to the original payment method.

4.8 Taxes

You are responsible for any applicable sales, use, value-added, or similar taxes, duties, or charges imposed by any governmental authority in connection with your Subscription. Unless otherwise stated, all fees are exclusive of such taxes. If GlowUp is obligated to collect or remit taxes under applicable law, we will add the appropriate amount to your billing total.

4.9 Payment Information and Authorization

You agree to provide current, complete, and accurate payment information, and to update such information as necessary. You authorize GlowUp (and its designated payment processors) to store and automatically charge your payment method for recurring Subscription fees and any applicable taxes. If payment cannot be successfully processed, we reserve the right to suspend or terminate your access to the Platform.

ACCOUNT TERMINATION, SUSPENSION AND CANCELLATION

We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate, or cancel your account and take technical and legal steps to prevent you from using our Platform at any time for any reason, including but not limited to your failure to comply with the Terms. If GlowUp has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to GlowUp’s reasonable satisfaction. When an issue arises, we reserve the right to consider such User’s performance history and the specific circumstances in applying our policies and making related determinations.

If you terminate your account for any reason, or if we terminate your account due to your breach of the Terms, such termination will be effective immediately, and you will be immediately billed for any unbilled fees incurred prior to the effective date of termination. You will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.

INTELLECTUAL PROPERTY OWNERSHIP AND CONFIDENTIAL INFORMATION

IP Ownership

The Platform, including the Website and Apps, and all features, functionality, tools, and content thereof, are protected by copyright, trademark, patent, and other laws of the United States. You acknowledge and agree that as between you and GlowUp, the Platform, all associated documentation, and all intellectual property rights therein, and all trade names, logos, and other trademarks and service marks associated with GlowUp (whether or not registered, the “GlowUp Mark(s)”) are the exclusive property of GlowUp (collectively, the “GlowUp IP”). You shall not remove, alter, or obscure any GlowUp Marks, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform, or use the GlowUp Marks without our prior written consent. No licenses or rights are granted to you by implication or otherwise in or to any GlowUp IP or any other intellectual property rights owned or controlled by GlowUp or its licensors, except as expressly provided in the Terms. All rights not expressly granted to you by the Terms are hereby reserved by GlowUp.

You retain all right title and interest in and to your User Submissions, and except for the limited rights granted in such User Submissions to GlowUp, GlowUp receives no additional rights in or to any User Submissions.

If you choose to provide us with feedback, comments, ideas, and suggestions for improvements, enhancements, or modifications to the Platform (“Feedback”), you agree that all such Feedback will be the sole and exclusive property of GlowUp. You hereby irrevocably transfer and assign to GlowUp all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.

DISCLAIMERS, LIMITATION OF LIABILITY; INDEMNIFICATION

7.1 AS IS; DISCLAIMER OF IMPLIED WARRANTIES

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS,” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THE PLATFORM , INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM , INCLUDING any text, data, records, information and other content that may be stored, shared or otherwise made available or caused to be made available BY GLOWUP OR by users on or through the Platform , WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE PLATFORM . nothing contained on the Platform shall be construed as providing consult or advice to you. WITHOUT LIMITING THE FOREGOING, GLOWUP DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM , (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM , AND (III) ANY CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE PLATFORM . THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.2 SCORES AND SUGGESTIONS

THE PLATFORM’S OUTPUTS ARE INHERENTLY SUBJECTIVE, MAY VARY OVER TIME AND ACROSS USERS, AND ARE NOT VALIDATED BY CLINICAL STANDARDS OR PROFESSIONAL GUIDELINES. SUGGESTIONS AND SCORES ARE PROVIDED FOR CONVENIENCE ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, AS NO SCORES OR SUGGESTIONS ARE VALIDATED BY ANY CLINICAL STANDARDS OR PROFESSIONAL GUIDELINES. ANY USE OF SCORES AND SUGGESTIONS IS AT YOU OWN RISK.

7.3 Third-Party Products; No Medical Advice Disclaimer

The Platform is not intended to provide any medical advice, and any Suggestions and Third-Party Products that may be provided with Suggestions should be discussed with qualified professionals, particularly if you have any allergies or other underlying medical conditions. GlowUp shall not be liable for any damages, claims, injuries, losses, or other liabilities arising out of or in connection with your use of any Third-Party Products or your reliance on any recommendations made through the Platform. Your interactions with third-party providers are solely between you and the third party, and subject to the third party’s privacy policy, terms of use, and return/refund policies

7.4 Limitation of liability

IN NO EVENT WILL GLOWUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOWUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, GLOWUP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO TWENTY-FIVE U.S. DOLLARS (US$25). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY, IN CONNECTION with THE PLATFORM SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR The Platform IN THE THREE (3) MONTHS PRECEDING the EVENT GIVING RISE TO THE CLAIM. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GLOWUP AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

7.5 Indemnification

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold GlowUp, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, (ii) User Submissions, (iii) any interactions with any other user of the Platform or Service, (iv) your breach of the Terms, and (v) your gross negligence or willful misconduct.

GOVERNING LAW & DISPUTE RESOLUTION

8.1 Disputes

The terms of this Section 8 shall apply to all Disputes between you and GlowUp. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and GlowUp arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and Glow Up, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY COMPANY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF COMPANY.

8.2 Opt Out

You may elect to opt out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to GlowUp at support@glowupllc.com within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; and (2) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.

8.3 Dispute Notice

In the event of a Dispute, you or GlowUp must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to GlowUp must be addressed to 901 Longvue DrHouston, PA 15342, USA (“GlowUp Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If GlowUp and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or GlowUp may proceed to mediation as articulated in this Section. You and GlowUp will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

8.4 Mediation

In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.

8.5 Binding Arbitration

In the event mediation is unsuccessful, you and GlowUp agree: (1) to arbitrate all Disputes between you and GlowUp pursuant to the provisions of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.

8.6 Small Claims Court

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

8.7 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND COMPANY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

8.8 Arbitration Procedure

If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

8.9 Hearing Format

Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by GlowUp or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GlowUp is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

8.10 Amendments to this Section

Notwithstanding any provision in this Agreement to the contrary, you and GlowUp agree that if GlowUp makes any material amendments to the dispute resolution procedure and class action waiver provisions in this Agreement, GlowUp will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt out of any such amendments by sending a written letter to the GlowUp Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt out of such amendments. If you affirmatively opt out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this Agreement, without any of the proposed amendments governing. If you do not affirmatively opt out of any future amendments, you will be deemed to have consented to any such future amendments.

8.11 Severability

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

8.12 Exclusive Venue for Other Controversies

GlowUp and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

MISCELLANEOUS

These Terms constitute the entire and exclusive understanding and agreement between you and GlowUp regarding your access to and use of the Platform and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and GlowUp regarding the subject matter hereof. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our prior written consent. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto. Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach, and the exercise by either party of any of its remedies under the Terms will be without prejudice to its other available remedies. Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms shall survive such expiration or termination.