Effective Date: October 24, 2025

Entity: Janel Gonzalez LLC, a California limited liability company, doing business as VIVEA 44 (VIVEA 44, we, us, or our)
Address: 76 Woodlyn Ln, Bradbury, CA 91008
Contact: info@vivea44.com
Website: https://www.vivea44.com
Brand stylization: VIVEA 44 / Vivea44.com

1. Important Arbitration and Class Action Waiver
   Except for certain limited disputes described in Section 21, you agree to resolve all disputes with us through binding individual arbitration, and you waive your right to participate in a class action or jury trial. See Section 21.

2. Agreement to Terms and Changes by Use
   These Terms of Service (Terms) govern your access to and use of our website, online store, point of sale experiences, social pages, email and SMS programs, wholesale portal, loyalty and referral programs, affiliate program, and any content, features, or services that link to or incorporate these Terms (collectively, the Services). By accessing or using the Services, creating an account, subscribing, opting in to email or SMS, checking a box or clicking a button referencing these Terms including at checkout, or placing an order, you agree to these Terms. If you do not agree, do not use the Services. We may change these Terms at any time by posting an updated version and updating the Effective Date. Changes are effective upon posting. Your continued use of the Services including, but not limited to, placing orders after changes are posted means you accept the updated Terms.

3. Eligibility, United States Only, No International Shipping
   You must be 18 years or older to create an account, make purchases, subscribe, participate in loyalty or referral programs, wholesale, or submit user content. The Services are intended for residents of the United States including 50 states, D.C., and U.S. territories. We do not ship internationally. The Site is not directed to children under 13.

4. Privacy Policy
   Our Privacy Policy forms part of these Terms and explains how we collect, use, disclose, and safeguard information, and the privacy choices available to you including Do Not Sell or Share and Global Privacy Control. Please review it carefully.

5. Accounts and Security
   You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Credential sharing is prohibited. Notify us promptly of any suspected unauthorized use. To the maximum extent permitted by law, we are not liable for loss or damage arising from unauthorized account use unless caused by our breach of security.

6. Acceptable Use, Anti Scraping, and AI Restrictions
   You agree not to copy, modify, distribute, reverse engineer, or create derivative works of the Services, interfere with or disrupt the Services, use bots, spiders, scrapers, data miners, or similar tools, bypass or circumvent access controls, upload malware or harmful code, engage in fraudulent, deceptive, abusive, or illegal conduct, or violate the rights of others. Text and data mining, automated collection, indexing, or use of any content or data from the Services to develop, train, or improve any artificial intelligence or machine learning model including foundation, generative, or derivative models is prohibited. You must honor robots.txt and similar controls.

7. Intellectual Property and License to Use the Site
   All content and materials on the Services including text, graphics, logos, images, video, audio, code, and the overall look and feel are owned by or licensed to VIVEA 44 and protected by law. Subject to your compliance, we grant you a limited, revocable, non exclusive, non transferable license to access and use the Services for personal, non commercial use. No rights are granted except as expressly stated.

8. User Content, Reviews, License, Moderation, and FTC Compliance
   If you post, upload, submit, or otherwise provide any content including reviews, photos, videos, audio, comments, testimonials, survey responses, social posts or direct messages you send to us, and other materials collectively User Content, you represent and warrant that you own or have necessary rights to it and that it does not violate law or third party rights.
   -License. You grant VIVEA 44 a perpetual, worldwide, irrevocable, royalty free, transferable, and sublicensable license to use, reproduce, host, store, adapt, edit, translate, create derivative works from, publish, publicly display and perform, distribute, advertise, commercialize, and otherwise exploit your User Content, with or without attribution, in any media now known or later developed, including on the Services, in advertising and marketing email, SMS, social, paid ads, on packaging and point of sale, and in internal materials. To the maximum extent permitted by law, you waive any moral rights or similar rights in your User Content. We may moderate, remove, or disable access to any User Content at our discretion without notice.
   -Endorsements. If you post about our products or services, you must comply with the FTC Endorsement Guides, including clear and conspicuous disclosure of any material connection, truthful claims, and typicality where applicable.

9. Products, No Medical Claims, Allergens, Samples, and Pre Orders
   We offer cosmetic products. Statements have not been evaluated by the FDA. Products are not intended to diagnose, treat, cure, or prevent any disease. Consider patch testing and discontinue use if irritation occurs. Review ingredient lists. We cannot guarantee that products were made in an allergen free facility or that you will not experience an allergic reaction. Images, descriptions, and colors are approximate. We may change or discontinue products, sets, bundles, prices, discounts, and offers at any time. From time to time, we may offer pre orders, presales, or backorders. Shipping dates are estimates only. We may cancel any pre order, presale, or backorder at any time for any reason and will refund amounts paid to the original payment method.

10. Orders, Payments, Fraud, and Chargebacks
    By submitting an order you offer to purchase the items in your cart. We may accept, limit, or reject any order at our discretion. We may correct pricing, availability, or other errors even after submission, require additional verification, and cancel suspected fraudulent or abusive orders. Payments are processed by third parties for example Shopify Payments and may include credit or debit cards, Shop Pay, Apple Pay, Google Pay, PayPal, and buy now pay later services for example Afterpay, Klarna, Affirm or Shop Pay Installments. You authorize us and our processors to charge your selected method for all amounts, including taxes and shipping. If you initiate a chargeback, we may deny returns or refunds on current or future orders.

11. Shipping, Risk of Loss, and Signature
    We ship to United States addresses including 50 states, D.C., and some U.S. territories via carriers such as USPS, UPS, FedEx, DHL, or others. Risk of loss and title transfer to you when the carrier accepts the shipment. After carrier acceptance, loss, theft, or misdelivery is your responsibility. We may require a signature for certain shipments and may assist with carrier claims as a courtesy. We are not obligated to refund or replace.

12. Retail Returns, Refunds, and Exchanges
    -We have a ”Keep it partial refund” policy. If you request a return or refund, you keep the products and we issue a refund less 7 dollars ($7) per individual product in the order. The Gua Sha counts as a product. For example, four items equals a 28 dollar deduction.
    No exchanges for hygiene and safety reasons.
    -Damaged or defective. If an item arrives damaged or defective, contact us within 30 days of delivery with photos and your order number. We will replace the item. Replacements are final and not eligible for return or refund.
    -Fraud or abuse. We may deny any refund we believe is fraudulent, abusive, or otherwise violates these Terms. If you file a chargeback, we may deny refunds or returns on current or future orders. Retail policies do not apply to wholesale or third party marketplace purchases.

13. Subscriptions and Auto Renewal
    Before purchase, we present the subscription price, renewal interval, how to cancel, that charges continue until canceled, and that you authorize recurring charges. By subscribing you consent to auto renewal. We send a post purchase acknowledgment with the terms and a direct cancellation link. Renewal reminders are sent 7 days before renewal for monthly or other terms under one year, 30 days before annual terms of 12 or more months, and for free trials of 31 or more days, 7 days before first billing. Cancel any time before the next renewal via My Account to Manage Subscriptions to Cancel, via the direct cancellation link in the acknowledgment or reminder emails, or by emailing info@vivea44.com. Once a subscription shipment has shipped including the first shipment, it cannot be canceled or refunded. Prior renewal charges are non refundable.

14. Promotions, Discount Codes, and Dynamic Pricing
    We may issue promotions, credits, or discount codes and may modify, pause, or terminate them at any time without notice. Promotions may not be combined, have cash value, or apply to prior purchases. We may conduct A or B or dynamic pricing. Prices and offers may vary by customer, channel, or time.

15. Loyalty, Rewards, and Referrals
    Participation is voluntary. We may change, suspend, or terminate any program at any time. We may void, freeze, or forfeit points, credits, or rewards obtained through fraud, abuse, or rule violations. Details posted on program pages are incorporated by reference.

16. Wholesale
    Wholesale accounts are subject to approval and separate wholesale terms. These Terms apply where not inconsistent. We may require business information and, if tax exempt, a valid resale or exemption certificate. No transshipping meaning no resale via unauthorized channels or export. We may enforce MSRP or MAP, minimum order quantities, and chargebacks for refused shipments.
    -Wholesale return and refund policy final sale. All wholesale sales are final. Orders cannot be canceled or returned once confirmed.
    -Damaged or defective items. We replace or credit products that arrive damaged or defective if reported within 5 business days of delivery with photos, order number, and batch details, subject to our discretion. No returns for unsold or unwanted goods. Return authorization required. No returns accepted without prior written approval. Unauthorized returns may be refused and not credited.
    -Shipping. If an issue is approved, we cover shipping for damaged or defective goods. Otherwise, the buyer pays shipping. Refunds or credits. Approved refunds are issued only to the original payment method or as credit toward a future order. No cash refunds.

17. Affiliate and Influencer Rules
    Affiliates and influencers must comply with our program rules and the FTC Endorsement Guides. Prohibited practices include brand bidding, ad hijacking, cookie stuffing, toolbar injection, unauthorized couponing, trademark misuse, and unlawful claims. We may withhold, claw back, or charge back commissions tied to cancellations, returns, fraud, or violations, with a 60 day validation window. We may audit activity and request reasonable documentation such as dashboards, traffic sources, and screenshots. Affiliates indemnify us for their violations or misconduct.

18. Communications, Email, and SMS
    -Email. If you provide your email and submit a form or click a call to action, you agree to receive marketing emails from VIVEA 44 and our service providers acting on our behalf. Emails may be sent from domains or sending addresses we control now or later. You can unsubscribe at any time via the link in our emails. Each email identifies VIVEA 44 as the sender and includes our mailing address.
    -SMS, MMS or other messaging platforms. If you consent, you agree to receive recurring automated marketing text messages for example cart reminders from VIVEA 44 at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel and HELP for help. We may use short codes, toll free numbers, 10DLC, or other approved sender IDs. We may not respond to replies to marketing texts. Contact info@vivea44.com for support.
    -Call or chat recording. We may record calls or live chats for quality assurance where permitted by law.

19. Accessibility
    We are committed to providing a website experience that is accessible to all and endeavor to conform to WCAG 2.2 AA. If you need assistance using the Site, encounter an accessibility barrier, or wish to request an accessible alternative of any content, contact info@vivea44.com. We will work in good faith to address your request. Third party content and tools we do not control may have their own accessibility policies.

20. Disclaimers, Limitation of Liability, and Indemnification
    -As is. The Services and all content and products are provided as is and as available. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non infringement.
    Limitation. To the maximum extent permitted by law, our total aggregate liability for claims arising out of or relating to the Services, products, or these Terms will not exceed one hundred U.S. dollars. We are not liable for any indirect, incidental, special, punitive, or consequential damages.
    -Indemnification. You agree to defend, indemnify, and hold harmless VIVEA 44, its affiliates, and their officers, directors, members, employees, and agents from and against 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 violation of these Terms or law, or your infringement of any rights.

21. Dispute Resolution, Arbitration, and Waivers
    -Governing law and venue. California law governs these Terms, without regard to conflicts principles.
    -Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or products will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.
    -Waivers. You and VIVEA 44 waive the right to a jury trial and to participate in a class, collective, or representative action. Disputes must be brought individually.
    Carve out. Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property, confidential information, security, or to prevent scraping or misuse of the Services. Each party is responsible for its own attorneys fees and costs except as otherwise provided by applicable law or the arbitrator.

22. Export, Sanctions, and Force Majeure
    You may not use the Services in violation of United States export control or sanctions laws. We are not liable for delays or failures caused by events beyond our reasonable control.

23. Electronic Communications and Notices
    You consent to receive notices and disclosures electronically for example by email, SMS, or posting on the Site. You are responsible for keeping your contact information current.

24. Changes, Assignment, Severability, and Entire Agreement
    We may change the Services or these Terms at any time as described in Section 2. You may not assign these Terms without our written consent. We may assign or transfer these Terms without restriction. If any provision is held invalid, the remainder will continue in full force. These Terms including policies incorporated by reference are the entire agreement between you and us regarding the Services.

25. DMCA and IP Complaints
    DMCA Agent: Legal Department, Janel Gonzalez LLC
    Address: 76 Woodlyn Ln, Bradbury, CA 91008
    Email: info@vivea44.com
    Include all elements required by 17 U.S.C. 512 c 3.

26. Contact
    Questions about these Terms: info@vivea44.com or by mail: Janel Gonzalez LLC, 76 Woodlyn Ln, Bradbury, CA 91008.