Terms of service
TERMS OF SERVICE
Effective Date: 1st October, 2026
Last Updated: 1st October, 2026 | Version [26.1]
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THEY MAY AFFECT YOUR LEGAL RIGHTS. THESE TERMS INCLUDE SECTION 15 TITLED “DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER” WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION. BECAUSE OF THIS MANDATORY BINDING ARBITRATION PROVISION, YOU CANNOT BRING CLAIMS AGAINST US IN COURT, CANNOT REQUEST OR RECEIVE A JURY TRIAL, AND MUST ARBITRATE ON AN INDIVIDUAL ONLY BASIS AND NOT AS PART OF A MASS, CLASS, OR REPRESENTATIVE ACTION.
1. ACCEPTANCE OF THESE TERMS
By accessing, browsing, or using the www.wrinklesschminkles.com website and any other digital property operated by Wrinkles Schminkles and any of its related entities, subsidiaries, affiliates, or parent companies (including but not limited to Olsam OpCo) (together “we”, “us”, or “our”) that links to these Terms (the “Site”), by creating an Account at the Site, by purchasing any goods or services from us, or by providing your phone number and signing up to receive phone calls or text messages from us (the “Mobile Service”), you signify your acceptance of both these Terms, our Privacy Policy, and any other applicable promotion-specific or product-specific terms on the Site, each of which is incorporated herein by reference. (The Site, Mobile Service, Account, Subscription Program, Content, User Content, and Third Party Content are together referred to as “Offerings”) In the event of a conflict between these Terms, the Privacy Policy, or any promotion/product-specific terms, these Terms control unless expressly stated otherwise.
If you do not agree to be bound by these Terms, the Privacy Policy, and any applicable promotion/product-specific terms, you may not use or access the Offerings.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Site, and the “Last Updated” date will reflect the revision date. By continuing to access or use the Offerings after such updates are posted, you agree to the revised Terms. If you do not agree to a change, your remedy is to stop using the Offerings.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features or functionalities (e.g. track orders, view prior purchases, etc.) you may be required to create an account with us. By creating an account, you represent that you are at least eighteen (18) years old and that you have the legal capacity to enter into a binding contract. If you are under the age of 18 you may not create an account with us and we reserve the right to terminate any accounts belonging to individuals under the age of 18. You may only create a single account and must use the account for your own personal use. You may not create an account on behalf of anyone other than yourself, and doing so is considered a violation of these Terms. Joint accounts, family accounts, household accounts, business accounts, and shared accounts are prohibited.
3.2 Account Security
You are responsible for safeguarding your Account credentials, including your username, password, and authentication information, and may not share them with any third party. You are responsible for all activity conducted through your Account, whether authorized by you or not, and we may rely on Account activity as authorized. You must notify us immediately of any suspected unauthorized access to or security breach of your Account. Failure to do so may limit or eliminate any remedies. We may restrict, suspend, or terminate Account access if we reasonably believe your Account has been compromised and we are not responsible for losses resulting from your failure to secure your credentials or devices.
4. ORDERS
4.1 Product Information and Availability
We strive to ensure that all product descriptions, specifications, images, colors, pricing, and other information on the Site are accurate and current; however, errors, inaccuracies, omissions, or outdated information may occur. Product features, specifications, availability, and prices may change at any time without notice. Product images, colors, dimensions, and similar descriptions are approximate and may vary based on your device or display settings. The display of a product or service on the Site does not guarantee its availability.
Our products are cosmetic products intended to enhance the appearance of the skin. Statements made on the Site have not been evaluated by any regulatory authority except where expressly stated. Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Individual results may vary based on factors including skin type, age, product usage, and individual circumstances. You should carefully review all product instructions and discontinue use if irritation or an adverse reaction occurs.
4.2 Prices and Promotions
All prices are listed and transactions are processed in the currency of the jurisdiction from which you access the Site unless otherwise stated at checkout. Prices exclude applicable taxes, shipping charges, and, for international orders, duties, import taxes, customs fees, and similar charges, unless otherwise indicated.
Reference prices (such as “compare at,” “original,” “regular,” or similar pricing) reflect either a prior selling price, a retail store price, or a price offered by another retailer, as permitted by applicable law. Promotional offers, discounts, coupons, and discount codes are subject to their stated terms, may exclude certain products, may not be combined unless expressly permitted, and may be modified or withdrawn at any time before an order is accepted.
4.3 Orders and Payment
By submitting an order, you make an offer to purchase the applicable products. An order confirmation email acknowledges receipt of your order but does not constitute acceptance. We accept an order, and a contract of sale is formed, only when the product is shipped.
You represent that you are authorized to use the payment method provided and that all payment and billing information you provide is accurate. You authorize us to charge the payment method you provide for the total purchase amount, including applicable taxes and shipping charges. If payment cannot be processed, we may cancel your order.
We reserve the right to limit quantities, refuse service, require additional verification, or cancel any order at any time, including due to pricing or inventory errors, suspected fraud, chargebacks, reseller activity, violations of these Terms, or other legitimate business reasons. If we cancel an order after payment has been collected, we will refund the amount paid to the original payment method.
4.4 Pricing Errors
If a product is listed at an incorrect price, we may cancel the order or contact you for instructions before shipment. We will not charge you a higher price than that displayed without your consent. If an order is canceled due to a pricing error after payment has been collected, we will provide a full refund.
4.5 Shipping and Delivery
Orders will be shipped to eligible addresses in accordance with our shipping policies. Delivery dates are estimates only and are not guaranteed. Delays may occur due to circumstances beyond our reasonable control, including carrier, supplier, customs, or other third-party delays. We may ship orders in multiple shipments.
Unless otherwise required by applicable law, title and risk of loss pass to you when the products are delivered to the carrier. You are responsible for filing claims for lost or damaged shipments, although we will use reasonable efforts to assist where appropriate. Nothing in this Section limits any rights you may have under applicable consumer protection laws.
4.6 Returns, Refunds and Exchanges
Returns, refunds, and exchanges are governed by our Returns and Refunds Policy, available at Returns & Refunds Policy, which is incorporated into these Terms by reference. Any return, refund, exchange, withdrawal, cancellation, or similar statutory rights available under applicable law remain unaffected by these Terms.
4.7 International Orders and Consumer Rights
If you are a consumer residing in Australia, the United Kingdom, the European Union, or the European Economic Area, you may benefit from additional rights and remedies under applicable consumer protection laws. Nothing in these Terms is intended to limit, exclude, or modify any rights that cannot lawfully be waived or restricted under applicable law.
Products sold through the Site are subject to applicable statutory guarantees and conformity requirements. If a product is defective, not as described, or otherwise fails to conform to applicable legal requirements, you may be entitled to repair, replacement, price reduction, refund, or other remedies available under applicable law.
To the extent required by applicable law, consumers residing in the United Kingdom, the European Union, or the European Economic Area may have the right to withdraw from certain purchases within a specified period following delivery of the product, subject to exceptions permitted by law. Information regarding the exercise of any withdrawal or cancellation rights is available through the Right to Withdraw link available in the footer of our Site.
No provision of these Terms shall deprive consumers of the protection afforded to them by mandatory provisions of the laws of their country of residence.
4.8 Subscribe & Save Program
We may offer a subscription purchasing program that permits eligible products to be delivered automatically on a recurring basis (the "Subscription Program"). Participation in the Subscription Program is optional and subject to product availability.
By enrolling in the Subscription Program, you authorize us to charge the payment method associated with your account for each recurring order, including applicable taxes, shipping charges, and any other amounts disclosed at checkout. Subscription orders will automatically renew and continue until canceled by you or terminated by us.
The frequency, pricing, discounts, eligible products, and other benefits of the Subscription Program are disclosed at the time of enrollment and may be modified from time to time. We will provide any notice required by applicable law before any material changes affecting your subscription take effect.
You may cancel, pause, skip, modify, or manage your subscription at any time through your account settings or by contacting customer support. Changes made after an order has been processed may not take effect until the following scheduled order.
We reserve the right to change, suspend, discontinue, or terminate the Subscription Program, in whole or in part, at any time. If we discontinue the Subscription Program, we will not charge you for future recurring orders after the effective date of discontinuation.
Nothing in this Section limits any cancellation, renewal, refund, withdrawal, or other rights provided under applicable law.
5. GIFT CARDS
Our gift cards may be redeemed for merchandise on the Site. Gift cards purchased for value do not expire and are not subject to dormancy, inactivity, or service fees. Gift cards are not reloadable, may not be redeemed for cash except as required by law, and may not be resold or transferred for value. California residents may redeem a gift card with a remaining balance of less than $10 for cash as permitted by California Civil Code § 1749.5.
Promotional cards, store credits, and similar instruments issued without payment are not gift cards and may be subject to expiration dates or other restrictions disclosed at the time of issuance. Lost or stolen gift cards may be replaced only upon proof of purchase and only for any remaining balance. If we discontinue our gift card program, cease operations, or become subject to bankruptcy or similar proceedings, redemption rights will be subject to applicable law and any court order or proceeding.
6. INTELLECTUAL PROPERTY RIGHTS; USER CONTENT; THIRD PARTY CONTENT
6.1 Definitions.
For purposes of these Terms:
· “Content” means all materials made available through the Site or Offerings by us or on our behalf, including software, functionality, text, pricing information, charts, graphics, logos, designs, audio, video, images, data, and similar materials. Content includes Intellectual Property Content as defined below.
· “User Content” means any content or information you or other users submit, post, transmit, or otherwise make available through the Site or in connection with us. User Content includes Social Media User Content as defined below.
· “Third-Party Content” means content or information provided by third parties, including market data providers, custodians, service providers, or other third parties. Third-Party Content includes Linked Sites as defined below.
6.2 Content and Our Intellectual Property Rights
All Content, excluding Third‑Party Content and User Content, is the exclusive property of us and our licensors. We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Site and Content solely for your personal, non‑commercial use in accordance with these Terms. No ownership rights are transferred, and no other use of Content is permitted without our prior written consent.
All trademarks, service marks, logos, designs, branding displayed, or any patented material (“Intellectual Property Content”) on the Site are owned by us or our licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws. No license or right to use Intellectual Property Content is granted except as expressly set forth herein.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, display, perform, publish, create derivative works from, or otherwise exploit any Content or Intellectual Property Content without our prior written consent.
6.3 User Content
By submitting User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, fully paid, irrevocable, transferable, and sublicensable license to use, host, store, reproduce, modify, publish, display, distribute, and otherwise exploit such User Content for any lawful purpose, including operating, improving, and marketing ourselves. You acknowledge that we may use User Content without compensation to you and without any obligation of confidentiality. To the fullest extent permitted by applicable law, you waive any moral rights, rights of attribution, rights of integrity, and similar rights in your User Content.
We have no obligation to use, review, monitor, return, or respond to any User Content. We may, but are not required to, monitor, review, remove, restrict access to, or refuse to display any User Content that violates these Terms, applicable law, or the rights of any third party. User Content reflects the views of the applicable user and not us, and we do not endorse, verify, or guarantee the accuracy, completeness, or reliability of any User Content. Any reliance on User Content is at your own risk.
If you tag, mention, or otherwise associate us, one or more of our brand hashtags, or one or more of our social media accounts with content posted on a third-party platform (“Social Media User Content”), you grant us a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use such content, together with your name, username, likeness, image, and statements relating to us, in connection with our business, marketing, and promotional activities. To the fullest extent permitted by law, you release us and our affiliates from claims arising from such authorized use. You may revoke this permission on a prospective basis by contacting us, and we will use commercially reasonable efforts to discontinue future use of the content under our control.
Submission of User Content does not create any confidential, fiduciary, agency, partnership, joint venture, employment, or other special relationship between you and us.
You represent and warrant that: (a) you own or otherwise control all rights necessary to submit the User Content and grant the rights described in this Section; (b) the User Content does not infringe, misappropriate, or otherwise violate any third-party rights; (c) you have obtained all necessary permissions, consents, and releases from any identifiable persons appearing in or referenced by such User Content; and (d) if you post any Social Media User Content you have all rights necessary to authorize our use of such content, together with your name, username, likeness, image, and statements relating to us, in connection with our business, marketing, and promotional activities.
6.4 Third-Party Content
The Site may display Third-Party Content or links to third-party websites, applications, or services (“Linked Sites”). Such content reflects the views of its providers, not us. Third-Party Content and Linked Sites are provided solely for your convenience. We do not endorse, control, monitor, or guarantee any Third-Party Content or Linked Sites and are not responsible for their accuracy, availability, security, content, products, services, or practices. Linked Sites may be governed by separate terms and privacy policies, and you are responsible for reviewing them. Your interactions with third parties are solely between you and the applicable third party, and your access to and use of any Linked Site is at your own risk.
6.5 Copyright Infringement Policy
We respect intellectual property rights and respond to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe Content infringes your copyright, please submit a DMCA‑compliant notice to our designated agent by email at
DMCA Designated Agent
Olsam LLC, 600 N Broad Street, Suite 5 #287, Middletown, DE 19709
Email: hello@wrinklessschminkles.com Telephone: +18 33 486 2007
If you believe material removed or disabled as a result of a copyright complaint was removed in error, you may submit a counter-notification as permitted by applicable law. We reserve the right to terminate access for repeat infringers in appropriate circumstances.
7. CONSUMER REVIEWS
If you provide product reviews or ratings whether through the Site or elsewhere, you agree that your review will reflect your honest opinion and actual experience with the product. You must disclose any material connection between you and us, including any free product, discount, loyalty points, sweepstakes entry, or other compensation you received in connection with the review. We do not condition, withhold, or offer any incentive on the basis of whether a review is positive or negative, and we do not suppress, edit, or remove reviews because they are unfavorable. We may remove a review only if it violates these Terms, is unlawful, is unrelated to the product, contains personal information, or is not based on a genuine experience with the product. We do not create, purchase, or solicit fake or misrepresented reviews. Reviews are collected and displayed in accordance with applicable law, including the Federal Trade Commission’s Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. pt. 465) and the Endorsement Guides (16 C.F.R. pt. 255).
8. ACCEPTABLE USE
As a condition of accessing and using the Offerings you agree to do so for lawful purposes and in compliance with these Terms and all applicable laws, rules, and regulations. You may not use the Offerings for any unauthorized, fraudulent, deceptive, misleading, or unlawful purpose.
You agree not to:
· access, attempt to access, or circumvent any restricted portion of the Site or any related systems, servers, networks, security measures, or functionality without authorization;
· interfere with, disrupt, damage, impair, or introduce any virus, malware, malicious code, or other harmful technology to the Site or its operation;
· reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software made available through the Site, except as permitted by applicable law;
· use robots, scrapers, crawlers, data mining tools, artificial intelligence tools, or other automated means to access, collect, copy, extract, download, reproduce, distribute, exploit, or otherwise use any Content or data from the Site, including for the training, testing, validation, or development of any artificial intelligence, machine learning, or similar system, except as expressly authorized by us;
· frame, mirror, deep link to, alter the appearance or functionality of the Site, or use any of our trademarks, logos, trade names, or other proprietary designation without our prior written consent;
· misrepresent your identity, impersonate any person or entity, falsely imply an affiliation with another person or entity, manipulate identifiers, or provide false, inaccurate, or misleading information;
· submit spam, unsolicited communications, unauthorized promotional materials, or collect personal information relating to others without authorization;
· submit, transmit, or distribute User Content that is unlawful, misleading, fraudulent, infringing, defamatory, harassing, abusive, obscene, or otherwise violates applicable law or the rights of any person or entity; or
· use the Site in any manner that interferes with the rights or use of others, or that could expose us, our affiliates, users, or service providers to liability, regulatory risk, security threats, or other harm.
Any unauthorized use of the Site automatically terminates the licenses and permissions granted to you under these Terms, in addition to any other remedies available to us.
We reserve the right to investigate suspected violations of these Terms and take any action we deem appropriate, including removing content, restricting access to the Site, suspending or terminating accounts, refusing service, canceling orders, or cooperating with law enforcement authorities, regulatory authorities, or valid legal process, subject to applicable law and our Privacy Policy.
9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information you provide to us is accurate, complete, and current, and that you will comply with all applicable laws and regulations in connection with your use of or access to the Offerings. You further represent and warrant that you have all requisite rights, authority, and legal capacity to enter into these Terms, to use or access the Offerings, and to grant any rights or permissions you provide under these Terms.
You may not purchase, use, export, re-export, transfer, or otherwise obtain products from the Site in violation of any applicable export control, trade sanctions, or import laws. You represent that you are not subject to any applicable sanctions or restrictions that would prohibit us from conducting business with you. We may refuse or cancel any order if we reasonably believe doing so is necessary to comply with applicable law.
10. MOBILE MESSAGE SERVICE
We may offer a mobile messaging program (the “Mobile Service”) that provides recurring marketing and transactional text messages, including promotions, offers, product announcements, cart reminders, order updates, delivery notifications, account-related messages, security alerts, and similar communications.
By enrolling in the Mobile Service, you: (a) consent to receive recurring SMS or similar messages from or on behalf of us at the mobile number you provide, including through automated technology, where permitted by law, even if your mobile number is listed on any federal, state, international, or internal do-not-call list; (b) acknowledge that your consent constitutes your prior express written consent where required by applicable law, including the Telephone Consumer Protection Act and any applicable laws in your jurisdiction of residence; (c) represent that you are the authorized subscriber or customary user of the mobile number provided and will promptly notify us if the number changes; and (d) acknowledge that your consent is not a condition of purchasing any goods or services.
Message frequency may vary. Message and data rates may apply. Availability of the Mobile Service may vary by wireless carrier, and neither we nor any wireless carrier is responsible for delayed, failed, or misdirected messages.
You may opt out of marketing messages at any time by replying STOP to any message or by any other reasonable means that clearly communicates your intent to revoke consent. Following an opt-out request, you may receive one final message confirming that your request has been processed. We will honor opt-out requests as soon as reasonably practicable and, in all events, within ten (10) business days after receipt of the request, to the extent required by applicable law. For assistance, reply HELP to any message.
Participation in the Mobile Service is voluntary, and we may modify, suspend, discontinue, or change the Mobile Service, including any telephone number or short code used in connection with the Service, at any time. Changes to this Section are governed by Section 2.
11. ACCESSIBILITY
We are committed to making the Site accessible to individuals with disabilities. For information about our accessibility efforts, please see our Accessibility Statement. If you experience difficulty accessing the Site or any goods or services we offer, please contact us using the information in the Contact section so that we can assist you.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE OFFERINGS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, UNINTERRUPTED OPERATION, SECURITY, OR RELIABILITY.
WE DO NOT WARRANT THAT THE OFFERINGS WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SECURE, ERROR-FREE, UNINTERRUPTED, AVAILABLE AT ALL TIMES, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE UNDERTAKE NO OBLIGATION TO UPDATE ANY OFFERINGS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM LIABILITY FOR PRODUCT DEFECTS, FAILURES, DAMAGE, OR CLAIMS ARISING FROM NORMAL WEAR AND TEAR, MISUSE, ABUSE, UNAUTHORIZED MODIFICATION, IMPROPER SELECTION OR USE OF PRODUCTS, OR FAILURE TO FOLLOW APPLICABLE INSTRUCTIONS OR REQUIREMENTS.
Nothing in these terms excludes, limits, or modifies any warranty, right, or remedy that cannot lawfully be excluded, limited, or modified under applicable law, including rights that may be available under the Magnuson-Moss Warranty Act, the California Song-Beverly Consumer Warranty Act, or similar consumer protection laws. Some jurisdictions do not permit certain warranty exclusions or limitations, and therefore some of the above exclusions may not apply to you.
12.1 Australian Consumer Law
If you are a consumer within the meaning of the Australian Consumer Law ("ACL"), our goods and services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts, modifies, or purports to exclude, restrict, or modify any consumer guarantee, right, remedy, or liability conferred by the ACL or any other applicable law that cannot lawfully be excluded, restricted, or modified.
To the extent permitted by law, where a liability cannot be excluded but may be limited, our liability is limited to the remedies permitted under applicable law.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, RETAIL PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THE OFFERINGS, THE USE OF OR INABILITY TO USE THE OFFERINGS, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, USER CONTENT, THIRD-PARTY CONTENT, LINKED SITES, OR YOUR ACCOUNT REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR CLAIMS RELATING TO PRODUCTS PURCHASED THROUGH THE SITE, YOUR REMEDIES ARE LIMITED TO THOSE AVAILABLE UNDER THE APPLICABLE RETURNS AND REFUNDS POLICY AND ANY RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE CONSUMER PROTECTION OR WARRANTY LAWS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE OFFERINGS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law. Because some jurisdictions do not permit certain exclusions or limitations of liability, portions of the foregoing limitations may not apply to you.
14. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold us and our parents, affiliates, subsidiaries, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors, and licensors harmless from and against any and all claims, demands, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any such claim or demand arising from: (i) your misuse of the Offerings; (ii) your provision of a phone number associated with someone other than you in connection with your use of the Mobile Service; (iii) your violation of any term of these Terms; (iv) your violation of any applicable law or of the rights of any third party, including without limitation any copyright, property, or privacy right; or (v) any User Content or other content you submit.
15. 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 AND TO HAVE A JURY HEAR YOUR CLAIMS. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AS DESCRIBED IN SECTION 15.8.
15.1. Informal Dispute Resolution (Mandatory First Step).
Before (and as a condition precedent to) initiating arbitration or other legal action, the parties agree to attempt to resolve any controversy, claim, action, or dispute arising out of or relating to the Offerings, or the breach, enforcement, interpretation, or validity of these Terms, the Privacy Policy, or applicable promotion/product-specific terms (“Dispute”), through good-faith informal discussions for at least sixty (60) days after the other party receives written notice of the Dispute.
Any notice of Dispute from you must be sent to us at the contact information in Section 15.9 and must describe the nature of the Dispute and the relief sought. No arbitration or litigation may be commenced until this informal dispute resolution process has concluded. The parties agree that any applicable statute of limitations will be tolled during the sixty (60)-day informal resolution period.
15.2 Agreement to Arbitrate.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL RESOLUTION, THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION, ON AN INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including Disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, the Privacy Policy, or any promotion/product-specific terms.
15.3 Arbitration Rules, Forum and Location.
All Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its Streamlined Arbitration Rules and Procedures if the amount in controversy is less than $250,000, and otherwise under its Comprehensive Arbitration Rules and Procedures, in each case as then in effect, together with the JAMS Consumer Arbitration Minimum Standards where applicable, before one arbitrator selected in accordance with the applicable JAMS rules. If JAMS is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will mutually select an alternative administrator, and if they cannot agree, a court of competent jurisdiction shall appoint one.
The arbitration will be conducted by telephone, by videoconference, on written submissions, or in person, at your election. If you elect an in-person hearing, it will take place in the county of your residence or in Delaware at your option. If you elect an in person hearing, we, our counsel, and any witnesses may elect to appear remotely if the Dispute does not proceed in Delaware. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions, and may award any individual relief that a court could award under applicable law, including statutory damages and attorney’s fees where authorized by statute. Judgment on the award may be entered in any court of competent jurisdiction.
15.4 Exceptions to Arbitration.
Notwithstanding Section 15.2: (a) either party may bring an individual claim in small claims court if the claim qualifies for that court's jurisdiction, and if such a claim is filed in arbitration, the other party may require that it be brought instead in small claims court; (b) either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, dilution, counterfeiting, or other violation of its intellectual property rights; (c) either party may seek relief in court to compel arbitration, enforce this Section, or confirm, modify, vacate, or enter judgment on an arbitration award; and (d) neither party waives any right to seek public injunctive relief that may not lawfully be waived, provided that any claim for public injunctive relief shall be severed and stayed pending completion of the arbitration of all other claims and thereafter brought exclusively in the state or federal courts located in Delaware. The severance of any claim for public injunctive relief will not affect the enforceability of Section 15.2 as to any other claim or request for relief.
15.5 Arbitration Fees.
If you commence an arbitration against us, JAMS will require an initial fee deposit of $250. All other costs, however, will be borne by us, including any remaining JAMS Filing Fee, Case Management Fee and all professional fees for the arbitrator’s services. If applicable law or the JAMS Consumer Arbitration Minimum Standards require us to bear a greater share of the fees, we will do so. Each party remains responsible for its own attorney’s fees except as otherwise awarded by the arbitrator under applicable law.
15.6 Class Action And Jury Trial Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER WAIVE ANY RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER SHALL BE ENFORCEABLE EVEN IF A DISPUTE PROCEEDS IN ANY COURT, TRIBUNAL, AGENCY, OR OTHER ADJUDICATIVE FORUM OF COMPETENT JURISDICTION.
15.7 Batch Arbitration Exception for Multiple Substantially Similar Disputes.
Notwithstanding the foregoing, if twenty-five (25) or more demands for arbitration are filed within six (6) months relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the claimants are the same or coordinated in any manner, the parties agree that such demands constitute a “Mass Arbitration.” Any Mass Arbitration shall be administered in accordance with the then-current JAMS Mass Arbitration Procedures and Guidelines, and the JAMS Process Administrator shall group demands into batches of at least twenty-five (25) claims, with a single arbitrator, a single set of administrative fees, and a single procedural schedule for each batch. If more than five hundred (500) demands are filed, the Process Administrator shall group the demands into batches of at least one hundred (100) claims. If more than two thousand five hundred (2,500) demands are filed, the Process Administrator shall group the demands into batches of at least five hundred (500) claims. Any demands not included in an initial batch shall be stayed until the preceding batch is resolved. All applicable limitations periods and filing deadlines shall be tolled for any stayed demands. A court of competent jurisdiction may enforce this Section, and either party may seek an order compelling compliance. If JAMS determines that any portion of this Section cannot be administered or conflicts with applicable JAMS rules, procedures, or policies, the arbitration shall proceed under the then-current JAMS Mass Arbitration Procedures and Guidelines to the extent applicable, and the remainder of this Section shall remain in full force and effect.
15.8 Your Right to Opt Out of Arbitration.
You may opt out of arbitration (but not the mandatory informal dispute resolution provision in Section 15.1) by sending written notice of your decision to opt out within thirty (30) days after you first become subject to these Terms. Your notice must include your full name, the email address and mailing address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement, and must be sent to us, at the contact information Section 15.9. Opting out of arbitration does not affect the enforceability or applicability of the remainder of these Terms.
15.9 Contact For Legal Matters
For all notices required under this Section 15, such notices shall be sent to:
___________________
Attn: Legal Department
Olsam LLC, 600 N Broad Street, Suite 5 #287, Middletown, DE 19709
Email: hello@wrinklessschminkles.com Telephone: +18 33 486 2007
15.10 Survival.
This dispute resolution provision survives termination of these Terms. If any portion of this provision is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law.
15.11 International Consumer Disputes
The arbitration agreement, class action waiver, jury trial waiver, and related dispute resolution procedures contained in this Section 15 shall apply only to the fullest extent permitted by applicable law.
If you are a consumer residing in a jurisdiction whose laws prohibit or restrict the enforcement of mandatory pre-dispute arbitration agreements, class action waivers, jury trial waivers, forum selection clauses, or similar dispute resolution provisions, those provisions shall apply only to the extent permitted under the laws of your jurisdiction, and your statutory rights shall remain unaffected.
Nothing in this Section 15 shall prevent consumers residing outside the United States from exercising any rights or remedies available under mandatory consumer protection laws applicable in their place of residence, including rights relating to jurisdiction, venue, dispute resolution, or access to local courts or regulatory authorities.
To the extent arbitration is permitted and enforceable under applicable law with respect to a consumer residing outside the United States, the parties shall first attempt in good faith to agree upon a single neutral arbitrator. If the parties are unable to agree upon an arbitrator within thirty (30) days after a demand for arbitration is submitted, the arbitrator shall be appointed by a mutually agreed arbitration provider, court, or other appointing authority. Nothing in this provision limits any rights a consumer may have under applicable law to object to an arbitrator or challenge an appointment on grounds of bias, lack of independence, or similar grounds recognized under applicable law.
Unless otherwise required by applicable law, each party shall bear its own attorneys' fees and costs. The costs and fees of the arbitration proceeding, including arbitrator fees and administrative expenses, shall be allocated between the parties as provided under the applicable laws and procedural rules governing the arbitration. To the extent permitted by applicable law, such costs shall be shared equally unless the arbitrator determines that a different allocation is appropriate.
To the extent a court, regulator, arbitrator, or tribunal of competent jurisdiction determines that any portion of this Section 15 is unenforceable with respect to a particular consumer or claim, the unenforceable provision shall be severed and the remainder of this Section shall remain in effect to the fullest extent permitted by law.
16. GOVERNING LAW AND VENUE
Except as otherwise required by applicable law, these Terms, the Privacy Policy, and any promotion/product-specific terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. For any Dispute not subject to arbitration, the exclusive venue shall be the state or federal courts located in Delaware, and the parties consent to their jurisdiction. Nothing in these Terms limits any rights that cannot be waived under applicable consumer protection laws.
If you reside outside the United States, nothing in these Terms deprives you of the protection afforded by mandatory provisions of the laws of your country of residence.
17. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code section 1789.3, California users of the Site are entitled to the following consumer rights notice: The provider of the Site is Olsam LLC, 600 N Broad Street, Suite 5 #287, Middletown, DE 19709. There is no charge to use the Site. Charges for products purchased through the Site are as displayed at the time of purchase. If you have a question or complaint regarding the Site, please contact customer service at hello@wrinklesschminkles.com or +18 33 486 2007. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
18. ELECTRONIC COMMUNICATIONS AND CONSENT
By using or accessing the Offerings, you consent to receive agreements, notices, disclosures, and other communications from us electronically, including by email and through the Site. You agree that such electronic communications satisfy any legal requirement that they be in writing and that your electronic acceptance of these Terms constitutes your signature for purposes of applicable electronic signature laws. You must maintain a device capable of accessing and retaining electronic communications. You may withdraw your consent to receive electronic communications by contacting hello@wrinklesschminkles.com, though doing so may prevent us from providing certain services or account functionality. If you elect to receive marketing emails, you may unsubscribe at any time using the unsubscribe link in the email or by contacting us at hello@wrinklesschminkles.com. Marketing text messages are subject to Section 10 and require separate consent.
19. GENERAL PROVISIONS
TERMINATION
You or we may suspend or terminate your Account or your use of the Offerings for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Offerings at any time without notice. We will provide notice of any suspension or termination by us where practicable and where not prohibited by law or inadvisable for security reasons.
19.1 Entire Agreement.
These Terms (together with our Privacy Policy, any applicable promotion/product-specific terms, and any additional terms applicable to you to which you have consented) contain the entire understanding and agreement between you and us, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic.
19.2 Severability.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed from these Terms, and the remaining provisions will remain in full force and effect.
19.3 Waiver
No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. Any waiver must be in writing and signed by one of our authorized representatives.
19.4 Assignment.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment is void. We may assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
19.5 Force Majeure.
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disturbance, governmental action, carrier delay, utility or telecommunications failure, cyberattack, or supply chain disruption.
19.6 Third-Party Beneficiaries.
These Terms do not confer any rights on any person other than you and us, except that our affiliates, parent companies, subsidiaries, officers, directors, members, employees, agents, licensors, suppliers, and authorized retail partners are intended third-party beneficiaries of Sections 12-15 and may enforce those Sections directly.
19.7 Geographic Availability.
We do not represent that materials on the Site are appropriate or available for use in your location. Persons who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19.8 Headings; Interpretation.
Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will not be construed against either party as the drafter. The English language version of these Terms controls.
19.9 Survival
All terms and provision which, by their nature, should survive termination, shall survive any termination of these Terms or discontinuation of any Offerings, including, but not limited to, Sections 6 through 8 and 12 through 19.
20.10 CONTACT US
Olsam LLC, 600 N Broad Street, Suite 5 #287, Middletown, DE 19709
Email: hello@wrinklessschminkles.com Telephone: +18 33 486 2007
Customer service is available Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time.
Last Updated: 1st October, 2026