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Terms of Service

Last updated: March 2026

These Terms of Service (“Terms”) govern your access to and use of mutaly.com (the “Service”), operated by Mutaly, a company registered in Portugal (“Mutaly”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that: • you are at least 18 years old, • you have legal capacity to enter into this agreement, • your use complies with applicable laws in your jurisdiction.

2. Description of the Service

Mutaly provides an online hair care quiz that generates personalized cosmetic product recommendations based on user-submitted information. The Service provides informational and cosmetic guidance only and does not provide medical advice, diagnosis, or treatment. We may modify, suspend, or discontinue any part of the Service at any time without liability.

3. No Medical Advice

The Service is not a healthcare or medical service. All recommendations: • are generated algorithmically, • are based solely on user-provided responses, • are for informational and cosmetic purposes only. We do not guarantee results. Individual outcomes vary. You are solely responsible for: • reviewing product ingredients, • checking for allergies, • consulting a licensed professional if you have medical or dermatological concerns.

4. User Accounts

You agree to provide accurate information and maintain account security. We may suspend or terminate accounts that: • violate these Terms, • misuse the Service, • attempt to reverse-engineer or copy our algorithm, • use automated scraping or data extraction tools.

5. Subscriptions and Payments

The Service offers a monthly subscription for access to personalized product recommendations and related features. By subscribing: • you agree to pay the displayed monthly price, • you authorize our third-party payment processor to charge your selected payment method on a recurring monthly basis, • you acknowledge that digital content is delivered immediately upon each billing cycle. Cancellation: • You may cancel your subscription at any time by contacting us at [email protected]. • Cancellation takes effect at the end of the current billing period — you retain access until then. • No refund is provided for the current billing period. Accidental renewal: • If you forgot to cancel and were charged for a new billing cycle (not your first payment), contact us at [email protected] within 2 days of the charge. We will review your request and may issue a refund at our discretion. First payment: • The first payment is non-refundable as digital content is delivered immediately. If you are located in the EU, mandatory consumer protection rights remain unaffected.

6. Intellectual Property

All content, software, algorithms, recommendation logic, design, branding, and materials are the exclusive property of Mutaly. You may not reproduce, distribute, modify, reverse-engineer, decompile, extract data from, create derivative works from, or commercially exploit any part of the Service without prior written consent.

7. Third-Party Products

Recommendations may reference third-party brands or products. Mutaly: • does not manufacture or test these products, • does not guarantee product safety or performance, • is not responsible for third-party claims or damages arising from their use. Purchases from third parties are solely between you and the seller.

8. Disclaimer of Warranties

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Mutaly disclaims all warranties, express or implied, including: • merchantability, • fitness for a particular purpose, • non-infringement, • accuracy, • reliability, • uninterrupted availability. We do not warrant that the Service will meet your expectations or produce specific cosmetic results.

9. Limitation of Liability

To the maximum extent permitted by applicable law: Mutaly shall not be liable for any indirect, incidental, consequential, special, or punitive damages, loss of profits, loss of data, or reputational harm. Our total aggregate liability shall not exceed the total amount you paid for the Service. Nothing in these Terms excludes liability where exclusion is prohibited by law.

10. Indemnification

You agree to indemnify and hold harmless Mutaly and its affiliates from claims arising out of: • your misuse of the Service, • your violation of these Terms, • your failure to consult professionals before acting on recommendations, • your allergic or adverse reactions to third-party products.

11. Time Limitation on Claims

To the fullest extent permitted by law, any claim arising out of or relating to the Service must be brought within one (1) year from the date the cause of action arises. Otherwise, such claim is permanently barred.

12. Dispute Resolution for U.S. Users — Mandatory Arbitration

If you are located in the United States, you agree that: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration. Arbitration shall: • be conducted under the rules of the American Arbitration Association (AAA), • take place in English, • be conducted on an individual basis only. You waive your right to: • a trial by jury, • participate in a class action, • act as a class representative, • join claims with other users. The arbitrator shall have exclusive authority to resolve any dispute regarding the enforceability or scope of this arbitration agreement. If any portion of this arbitration clause is found unenforceable, the remaining provisions shall remain in effect.

13. Class Action Waiver (U.S.)

To the fullest extent permitted by law, you agree that: All disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. No arbitration or proceeding shall be combined with another without Mutaly’s prior written consent.

14. Governing Law

These Terms are governed by the laws of Portugal. For users outside the United States, disputes shall be subject to the exclusive jurisdiction of Portuguese courts. For U.S. users, Section 12 (Arbitration) controls dispute resolution. Nothing in these Terms overrides mandatory consumer protections in your country of residence.

15. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

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