Terms of service

Terms of Service

Effective Date: [Insert Date] | Last Updated: [Insert Date]

Welcome to DermaFirm USA. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "Customer," or "User") and DermaFirm USA, Inc. ("DermaFirm USA," "we," "us," "our"), a corporation with its principal place of business at 9 Bartlet Street, Unit 259, Andover, MA 01810, USA.

These Terms govern your access to and use of dermafirmusa.com (the "Website"), all related subdomains, products, services, content, communications, training materials, and any other features offered by DermaFirm USA (collectively, the "Services").

BY ACCESSING THE WEBSITE, CREATING AN ACCOUNT, OR PURCHASING ANY PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, REFUND & RETURN POLICY, SHIPPING POLICY, PURCHASE OPTIONS & CANCELLATION POLICY, AND LEGAL NOTICE. If you do not agree to these Terms, you must not access or use the Services.

1. Eligibility & Account Registration

1.1 Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Services or make a purchase. By using the Services, you represent and warrant that you meet this requirement. The Services are not intended for, and we do not knowingly accept orders from, minors.

1.2 Account Creation

To access certain features, you may need to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your information
Keep your password and account credentials confidential and secure
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

DermaFirm USA reserves the right to suspend, terminate, or refuse service to any account at our sole discretion, including for violations of these Terms, suspected fraud, or any other reason we deem appropriate.

1.3 Professional, Wholesale & MedSpa Accounts

Professional, wholesale, MedSpa, clinic, and dermatology accounts are subject to additional eligibility requirements:

Valid professional license in good standing (esthetician, RN, NP, MD, etc.)
Valid business license and tax identification (EIN)
Resale certificate where applicable
Completion of our Professional Account Application
Compliance with the Individual Account Agreement

We reserve the right to verify all credentials, request additional documentation, and approve or deny applications at our sole discretion. Approval of a professional account may be revoked at any time for non-compliance, non-payment, unauthorized resale, or any breach of these Terms or the Individual Account Agreement.

2. Products & Services

2.1 Product Descriptions & Availability

We make every effort to ensure product descriptions, ingredient lists, images, pricing, and availability are accurate and current. However:

Product descriptions, photos, and ingredient listings may contain typographical errors, inaccuracies, or omissions. Always refer to the physical product label as the authoritative source.
Product images are for illustrative purposes only; actual product appearance may vary.
Product availability, pricing, and specifications are subject to change without notice.
We reserve the right to correct errors, update information, limit quantities, and refuse or cancel orders at any time, even after order confirmation, including orders placed at incorrect prices.

2.2 Professional-Use & Restricted Products

Certain products, treatment protocols, aesthetic devices, and clinical-strength formulations are intended for professional use only by licensed practitioners. It is your sole responsibility to:

Ensure you hold the appropriate licensure and scope of practice
Comply with all applicable state, local, and federal regulations
Use products only as labeled and within your professional training

DermaFirm USA is not responsible for any misuse, unauthorized administration, or application of professional products by individuals lacking proper credentials, training, or legal authority.

2.3 Korean-Sourced Products

DermaFirm USA is the authorized U.S. distributor of Dermafirm Korea and other Korean cosmeceutical brands. Products are imported in compliance with U.S. FDA and Customs and Border Protection regulations.

Lot numbers, batch codes, and expiration dates are printed on product packaging.
Products are intended for use within their labeled shelf life.
We do not accept returns of products that have exceeded their expiration date due to customer storage or delayed use.

2.4 No Medical Claims

Our products are cosmetics intended for topical use, professional application, or as labeled. They are:

Not intended to diagnose, treat, cure, or prevent any disease
Not evaluated by the FDA unless explicitly stated
Not a substitute for professional medical, dermatological, or aesthetic care

Individual results may vary. Testimonials, before-and-after images, clinical references, and case studies represent individual experiences and do not guarantee similar outcomes.

3. Pricing & Payment

3.1 Pricing

All prices are listed in U.S. Dollars (USD) unless otherwise stated.
Prices do not include applicable sales tax, customs duties, or shipping fees, which will be calculated at checkout.
We reserve the right to change prices at any time without prior notice.
Promotional pricing, discount codes, and sale prices are valid only for the period stated and cannot be applied retroactively.

3.2 Sales Tax

Sales tax is calculated based on the shipping destination and applicable state and local tax laws. Tax-exempt customers must submit a valid resale or exemption certificate prior to placing an order to receive tax-exempt pricing.

3.3 Payment Methods

We accept payment via:

Major credit cards (Visa, Mastercard, American Express, Discover)
Shopify Payments
PayPal
Shop Pay
Apple Pay / Google Pay
ACH or wire transfer (wholesale accounts only, where approved)

By submitting payment, you represent and warrant that:

You are authorized to use the payment method
All payment information you provide is true, accurate, and complete
You authorize DermaFirm USA (and our payment processors) to charge your payment method for the total amount of your order, including taxes and shipping

3.4 Payment Authorization & Fraud Prevention

All orders are subject to payment verification and fraud screening.
We reserve the right to request additional verification, delay shipment, or cancel orders that fail fraud or identity checks.
If a payment is declined, reversed, or disputed, you remain responsible for the full amount owed plus any applicable fees.

3.5 Wholesale Payment Terms

Wholesale and professional accounts may be subject to additional payment terms outlined in the Individual Account Agreement, including:

Prepayment requirements for opening orders
Net payment terms (Net 15, Net 30) for approved accounts
Late payment fees of 1.5% per month (or maximum allowed by law)
Account suspension for past-due balances

4. Orders, Shipping & Delivery

Order processing, shipping, delivery times, signature requirements, and lost/stolen package procedures are governed by our Shipping Policy, which is incorporated by reference into these Terms.

4.1 Risk of Loss

Title and risk of loss for products pass to you upon delivery to the carrier at our shipping facility. Once a package is in the carrier's possession, DermaFirm USA is no longer responsible for damage, loss, or theft except as expressly outlined in our Shipping Policy and Refund & Return Policy.

4.2 Order Acceptance

Your submission of an order constitutes an offer to purchase. Acceptance occurs only when we send an order confirmation email or ship the product. Until acceptance, we reserve the right to refuse or cancel any order for any reason.

5. Returns, Refunds & Cancellations

All returns, refunds, exchanges, cancellations, subscriptions, and recurring purchases are governed by our:

Each is incorporated by reference into these Terms.

6. Intellectual Property Rights

6.1 Ownership

All content on the Website — including but not limited to text, graphics, logos, product images, photography, videos, illustrations, training materials, treatment protocols, clinical content, packaging design, marketing copy, website code, software, and overall site design — is the exclusive property of DermaFirm USA, Inc., its licensors, or its brand partners, and is protected by U.S. and international copyright, trademark, trade dress, and intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, or for legitimate professional purchasing if you hold a verified professional account. This license does not include the right to:

Reproduce, copy, distribute, modify, or republish any content without prior written permission
Use our logos, brand names, or trademarks in any manner that suggests endorsement or affiliation
Scrape, mine, harvest, or extract data using automated tools, bots, or crawlers
Reverse-engineer, decompile, or attempt to extract source code
Use our content for AI training, machine learning datasets, or model development without explicit written consent
Resell products outside an authorized wholesale account

6.3 Trademarks

"Dermafirm," "DermaFirm USA," and associated product names, logos, and slogans are trademarks or registered trademarks of their respective owners. Unauthorized use is strictly prohibited.

6.4 User-Generated Content

By submitting any content to the Services (including reviews, photos, comments, testimonials, training feedback, or other submissions, collectively "User Content"), you:

Represent and warrant that you own or have the necessary rights to the content
Grant DermaFirm USA a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media
Waive any moral rights you may have in the content
Acknowledge that DermaFirm USA may use your User Content for marketing, advertising, training, and promotional purposes without further notice or compensation

DermaFirm USA reserves the right to remove, edit, or refuse any User Content at our sole discretion.

6.5 DMCA & Copyright Infringement Claims

If you believe content on our Website infringes your copyright, please submit a written notice to jessica@dermafirmusa.com including:

A description of the copyrighted work
The URL or location of the allegedly infringing material
Your contact information
A statement of good-faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

7. Acceptable Use & Prohibited Conduct

You agree not to, and not to permit any third party to:

Use the Services for any unlawful, fraudulent, or unauthorized purpose
Violate any applicable laws, regulations, or third-party rights
Resell products without an authorized wholesale account
Use the Services to resell professional-only products to unlicensed individuals
Misrepresent your identity, credentials, or affiliation with any person or entity
Upload viruses, malware, or any harmful code
Interfere with or disrupt the Services or servers
Attempt to gain unauthorized access to accounts, systems, or networks
Scrape, crawl, or harvest data from the Website
Use automated tools, bots, or scripts to interact with the Services
Use the Services to train AI or machine learning models without written permission
Post false, defamatory, harassing, or misleading content (including fake reviews)
Circumvent any security or access-control features
Use the Services in any manner that could damage, disable, overburden, or impair them

Violations may result in immediate account termination, forfeiture of any pending orders or refunds, and legal action.

8. Professional Conduct & Resale Restrictions

Professional, wholesale, and MedSpa account holders agree to:

Use products only within the scope of their professional license
Comply with all state-specific scope-of-practice laws
Not resell products to other distributors, retailers, or marketplaces (Amazon, eBay, Walmart, etc.) without express written authorization
Not engage in unauthorized online resale including through unauthorized e-commerce platforms
Maintain product integrity through proper storage (temperature, humidity, expiration)
Comply with all terms of the Individual Account Agreement

Unauthorized resale may result in:

Immediate account termination
Forfeiture of pending orders and refunds
Legal action to recover damages and trademark infringement claims

9. Reviews, Testimonials & Promotional Use

9.1 Customer Reviews

When you submit a product review, rating, or testimonial:

You confirm it reflects your honest experience
You disclose any material connection (e.g., free product, affiliate relationship) as required by FTC guidelines
You grant DermaFirm USA the right to use, edit, and promote your review across all marketing channels

9.2 Influencer & Affiliate Disclosures

Influencers, affiliates, and brand ambassadors must disclose their material connection to DermaFirm USA in all promotional content in compliance with FTC endorsement guidelines.

10. Marketing Communications

By creating an account or placing an order, you consent to receive transactional communications (order confirmations, shipping updates, account notifications, policy changes). These cannot be opted out of while you maintain an active account or order.

For marketing communications (promotional emails, SMS, postal mail):

You may opt in via signup forms, checkout, or account preferences
You may opt out at any time via the unsubscribe link, by replying STOP to SMS, or by emailing jessica@dermafirmusa.com
Opting out of marketing does not opt you out of service-related communications

SMS messaging is subject to applicable carrier rates. Message frequency varies. Reply HELP for help, STOP to unsubscribe.

11. Third-Party Services & Links

The Services may integrate with or link to third-party websites, applications, payment processors, shipping carriers, and platforms. These third parties operate under their own terms and privacy policies. DermaFirm USA is not responsible for the content, accuracy, privacy practices, or availability of any third-party service.

Use of third-party services is at your own risk and subject to their respective terms.

12. Disclaimers

12.1 "As Is" / "As Available"

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DERMAFIRM USA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES

12.2 Medical & Cosmetic Disclaimer

DermaFirm USA does not provide medical, dermatological, or healthcare advice. All product information, treatment protocols, and educational content are for informational and educational purposes only.

Always consult a licensed healthcare provider before beginning any new skincare regimen
Patch test before applying any new product
DermaFirm USA is not liable for adverse reactions, allergic responses, skin sensitivities, or unexpected outcomes resulting from product use, misuse, or use contrary to label instructions

12.3 Professional Use Disclaimer

DermaFirm USA is not responsible for the application, administration, or use of professional products by licensed practitioners or unauthorized individuals. Practitioners assume full responsibility for treatments performed using DermaFirm products.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DERMAFIRM USA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND BRAND PARTNERS SHALL NOT BE LIABLE FOR ANY:

Direct, indirect, incidental, special, consequential, punitive, or exemplary damages
Loss of profits, revenue, business opportunity, goodwill, or data
Personal injury, allergic reaction, or skin sensitivity
Property damage
Cost of substitute products or services
Any other commercial or personal damages

ARISING FROM OR RELATED TO:

Your use of or inability to use the Services or products
Errors, inaccuracies, or omissions in product information
Unauthorized access to or alteration of your data
Statements or conduct of any third party
Any other matter relating to DermaFirm USA products, services, or content

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM YOUR PURCHASE OR USE OF OUR PRODUCTS SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless DermaFirm USA, Inc., its officers, directors, employees, agents, affiliates, licensors, and brand partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your violation of these Terms or any other DermaFirm USA policy
Your misuse of products, content, or the Services
Your violation of any law, regulation, or third-party right
Any false or misleading information you provide
Unauthorized resale of products
Unauthorized professional use of products by unlicensed individuals
Your User Content submitted to the Services
Any claim that your use of the Services caused damage to a third party

15. Force Majeure

DermaFirm USA shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor strikes, supply chain disruptions, carrier delays, customs delays, internet or utility outages, or other events of force majeure.

16. Termination

16.1 Termination by DermaFirm USA

We reserve the right to suspend or terminate your account, access to the Services, or any order at any time, with or without notice, for any reason including:

Violation of these Terms or any DermaFirm USA policy
Suspected fraudulent activity
Non-payment or chargeback
Unauthorized resale or professional misuse
Abusive, threatening, or harassing conduct toward our staff
Any conduct we determine, in our sole discretion, to be harmful to DermaFirm USA or other users

16.2 Effect of Termination

Upon termination:

Your right to use the Services ends immediately
Any outstanding orders may be cancelled at our discretion
Provisions that by their nature should survive (intellectual property, indemnification, limitation of liability, dispute resolution, governing law) shall survive termination

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal legal action, you agree to first contact DermaFirm USA in writing at jessica@dermafirmusa.com and attempt to resolve the dispute in good faith for a period of at least 30 days.

17.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any product purchased shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

Arbitration shall be conducted in Essex County, Massachusetts, or via video conference where permitted.
The arbitrator's decision is final and binding.
Each party shall bear its own costs unless the arbitrator determines otherwise.

17.3 Class Action Waiver

YOU AND DERMAFIRM USA 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, OR REPRESENTATIVE PROCEEDING.

17.4 Exceptions

This arbitration provision does not apply to:

Claims for injunctive relief to protect intellectual property
Small claims court matters
Claims that cannot be arbitrated under applicable law

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to jessica@dermafirmusa.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement of intent to opt out.

18. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, and applicable U.S. federal law.

Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Essex County, Massachusetts, and you consent to the personal jurisdiction and venue of such courts.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

20. No Waiver

The failure of DermaFirm USA to enforce any right or provision of these Terms shall not constitute a waiver. No waiver shall be effective unless made in writing and signed by an authorized representative.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is void. DermaFirm USA may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

22. Entire Agreement

These Terms, together with our Privacy Policy, Refund & Return Policy, Shipping Policy, Purchase Options & Cancellation Policy, Legal Notice, and (where applicable) Individual Account Agreement, constitute the entire agreement between you and DermaFirm USA regarding your use of the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

23. Modifications

DermaFirm USA reserves the right to modify, update, or revise these Terms at any time and at our sole discretion.

Material changes will be communicated via email or a notice on the Website
The "Last Updated" date reflects the most recent revision
Your continued use of the Services after any modification constitutes acceptance of the updated Terms
If you do not agree to the modified Terms, you must discontinue use of the Services

24. Contact Us

For questions about these Terms, please contact us:

DermaFirm USA, Inc. 📧 Email: jessica@dermafirmusa.com 📍 Mailing Address: 9 Bartlet Street, Unit 259, Andover, MA 01810, USA 🌐 Website: dermafirmusa.com

📋 Subject Line for Legal Inquiries: "Terms of Service – [Nature of Inquiry]"