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These Terms of Service govern your interaction with our platform, including all products, services, and content, collectively called "Powderbrows.com Research Center Services." Your use of the Powderbrows.com Research Center Services is conditional upon your acceptance of these Terms of Service, along with any applicable rules, policies (including our Privacy Policy), and any future amendments (collectively, "the Terms"). By agreeing to these Terms, a legally binding contract is established between you and Powderbrows.com Research Center ("Merchant," "Supplier," "Service Provider," or "Owner," as defined below). If you accept these Terms on an organization's behalf, you confirm that you have the authority to bind that entity.
If you opt for a free Powderbrows.com Research Center Services trial, these Terms will apply to your free trial. The original language of these Terms is English. Translations may be available, but the English version takes precedence.
Account: Your primary means for accessing and using the Powderbrows.com Research Center Services, subject to payment of a fee as specified in the selected Plan.
Authorization: The set of permissions granted to a User by a Client on the Website.
Client: A natural or legal entity that has agreed to these Terms with the Merchant.
Client Data: Digital files and information processed by Powderbrows.com Research Center Services or uploaded by the Client to the System.
Content: Any data, articles, documents, images, or other information available through Powderbrows.com Research Center Services.
Fee: The periodic payment required for using an activated Account and one-time charges for additional services. The Fee is generally calculated annually and paid in advance.
Free Trial: A temporary period during which you can use the Powderbrows.com Research Center Services at no cost.
Guidelines: Additional rules or regulations applicable to specific features, products, or services, which may be updated periodically.
Powderbrows.com Research Center: A private limited company, registered under the laws of the United States of America and its affiliates in the European Union.
Powderbrows.com Research Center Materials: All design, graphics, code, software, and other elements of Powderbrows.com Research Center Services.
Plan: The level of service selected by the Client, determining the use and functionality of the Powderbrows.com Research Center Services and the associated Fee (currently, options include a PRO Account, Business Account, and Customized "Holistic" Account).
Platform: The marketing research and education management platform provided by Powderbrows.com Research Center.
Special Terms: Specific conditions or deviations mutually agreed upon between the Client and Powderbrows.com Research Center.
System: The cloud computing solution that supports the Powderbrows.com Research Center Services, including all its components.
User: A natural person authorized to use the Account on behalf of a Client.
Website: The collection of web documents accessible at powderbrows.com other domains owned by the Merchant.
Release and waiver of liability, Certification, Refunds, Disputes, Claims, Online training no-refund policy, Responsibility for false/malicious claims
Purchasing online training or services
We are operating in the United States of America or by partners inside the European Union and Russia, and we are currently able to deliver the online training in English, Finnish, and Russian only (a short version in Spanish is included in all of those solutions). Regarding payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state-of-the-art technology to keep your credit card information safe. Please see the privacy policy or contact us for details on our security measures. Prices are stated in EURO. Purchases can only be made in the currency available for the country where you choose your delivery to be made.
PowderBrows.com United States of America is registered and operates out of the United States of America with a network of affiliates operating under several legislations (in the EU and outside). All online training is provided from the United States of America or from within the EU.
In no part of the online training live training does the Merchant or its representatives, partners, and co-trainers provide any legal or medical advice. All information in videos and materials is generally informative. Suppose the training video contains opinions regarding rules, regulations, directives, standards, etc. In that case, it must be considered just an opinion of a specific trainer and by no means a direct legal, medical, or cosmetic advice and must be considered just a third-party opinion. In no part of the online training the Merchant provides legal or medical advice. All rules and regulations regarding different regulations, directives, and standards of various countries are subject to change, and the buyer is fully responsible (as defined repeatedly on the public websites of the Merchant as well as in terms of service) for using the information of the online class according to specific local rules and regulations. All material on the platform is as it is, and the Merchant takes no responsibility regarding the material's content, quality, and accuracy. The material is generally informative and helps the student to study further.
Release and waiver of liability, assumption of risk, and indemnity agreement (all training, online training, product use, advice, and related)
Student/buyer/customer acknowledges that all cosmetic/beauty/medical procedures with tools (such as the PMU machine) can be inherently dangerous and involve risks that may cause severe injury and, in some cases, death because of the unpredictable nature and irrational behavior of human body, regardless of their training and past performance of the technician. Student/buyer/customer voluntarily assumes the risk and danger of injury or death of themselves or their clients inherent in using such devices, equipment, and gear used for performing such treatments.
Student/buyer/customer release, discharge, and promise not to sue the representatives and co-trainers of the Merchant or the Merchant doing business under its name or any other name and any of its owners, officers, employees, and agents (hereinafter the "releasees"), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to their person or property.
Student/buyer/customer releases the releasees from any claim that such releasees are or may be negligent in connection with the pigmentation devices procedure performing experience or ability including but not limited to training of treating certain regions, maintenance, care, aftercare, fit or adjustment of devices or accessories, instruction or procedure performing, legal opinions, medical opinions or theory explaining skills and whatsoever general or specific advice given.
Student/buyer/customer agrees to hold harmless the Merchant, instructors, its employees, and agents from and against any loss, liability, damage, or cost they may incur arising out of or in any way connected with either their use of the device, do the treatment, consult their clients and any equipment of accessories provided in addition to that or any acts or omissions of wranglers or other employees or agents.
Student/buyer/customer agrees that the preceding release and waiver of liability, assumption of risk, and indemnity agreement is governed by the laws under which this Agreement is entered into and is intended to be as broad and inclusive as is permitted by that law (study and perform the procedures completely and entirely at your own risk), and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the balance of the Agreement shall not be affected or impaired in any way. It shall continue in full legal force and effect.
Student/buyer/customer acknowledges that this document is a contract and agrees that if a lawsuit is filed against a partner, representative, co-trainer of the Merchant, or the Merchant, or its owner, agents, employees, guides, or struggles for any injury or damage in breach of this contract, the Student/buyer/customer will pay all attorney's fees and costs incurred by the Merchant (and or releasees) in defending such an action.
Using the Merchant site student environment and any other web-page learning/video environment on websites under this policy
The student (the party that attends or will attend the Merchant class or whatever sort of services is always responsible for deleting the cache memory of the browser used because not clearing that or not deleting the history of the browser may result in seeing the older version of the site that contains less information if the student wants to join a course and use any web-based learning systems (including and not limited to video, studying etc environments) the person has to accept all terms of service presented here.
Opinions, Criticism, and Claims
If a student has enrolled in an online training course or participated in a live online training session, no refunds will be granted if the student later finds the training unsatisfactory. Should the student form an opinion that the course, videos, workbooks, solutions, marketing strategies, client service, or similar aspects are unsatisfactory, such concerns must first be communicated privately to the Merchant. The student is only permitted to publicly express such opinions or questions if the Merchant fails to respond to content-related inquiries within 12 weeks and does not provide references to resources where answers can be found (e.g., internet-based learning systems governed by this policy).
If the student disagrees with the material, theories, techniques, practices, or approaches presented, he or she may submit alternative suggestions to the Merchant. However, disagreement with the training content is not a valid ground for refund. This policy is also applicable to resellers of the online course. Violation of this clause, such as making public statements without first contacting the Merchant privately, will result in a fee covering actual damages being levied, and the revocation of certificates and closure of online accounts. Note that any messages not sent through direct or private messaging channels are considered public.
Content-Related Claims
If a participant finds the online course unsatisfactory due to differing levels of base knowledge or belief systems, no refund will be issued. Should the student seek additional information, the trainer may offer supplemental resources. The same non-refund policy applies to any changes in local legislation affecting the student and to any dissatisfaction with products included in the starter kit. The student assumes full responsibility for the application of skills acquired through the training.
Disputes and Claims Regarding Orders
Buyers, students, or customers have the right to initiate a dispute or file a claim against the Merchant after receiving any goods or services. Before doing so, please be aware that:
The Merchant's offerings are standardized and fully insured.
The party initiating a dispute or claim is responsible for all direct legal costs incurred by the Merchant.
All disputes and claims since August 2015 have been resolved in favor of the Merchant.
By accepting these terms of service, the customer consents to any enforcement proceedings against their assets to cover the direct financial costs incurred by the Merchant in any dispute or claim resolution.
Legal Framework
Claims against the customer by the Merchant are governed by the Law of Obligations under the legal jurisdiction in which the contract was formed. All legal proceedings, if necessary, will be conducted locally, as determined by other sections of these terms of service. Winning a dispute or claim against the Merchant does not exempt the customer from covering the Merchant's direct legal costs.
Moreover, should the Merchant prevail in litigation following a lost dispute or claim filed by the customer, the claim against the customer will be based on the amount specified in the "False/Malicious Claims" section of these terms of service. By entering into this agreement, the customer consents to cover such claims with all available assets.
Merchant is a reputable, client-focused professional service provider. Therefore, instances of litigation or claims against students, customers, or buyers are rare. When they do occur, these cases are pursued to a final resolution. This is to safeguard the interests of all other clients and to promote transparent, straightforward business practices.
False or Malicious Claims
If a student, customer, or buyer who has attended an online class files a claim against Merchant or its affiliates, and evidence emerges that the claimant: a) Provided false information, b) Based their claim entirely or partly on false information, c) Violated the terms of this agreement, d) Accessed the training materials, e) Accepted an account invitation and used it, f) Received access to the online training via email, g) Listened to the course theory in full or in part, or h) Made a demand that contradicts this agreement's terms, then the claim may be dismissed in accordance with the Law of Obligations and/or Penal Law applicable to the affiliate who engaged directly with the claimant.
Should the claim relate to the claimant's failure to fulfill their responsibilities, such as payment by installment or covering damage fees, Merchant's legal team reserves the right to take legal action. This may result in financial penalties or up to five years of imprisonment, based on existing laws and the claimant's criminal record, if any.
Merchant reserves the right to process such claims under its preferred jurisdiction, defaulting to the jurisdiction under which the client entered into a contract with Merchant. A false or malicious claim may incur a damage fee up to 20 times the original cost of the training or bundle purchased. This damage fee is separate from Merchant's legal expenses, which the claimant is also responsible for covering.
If a student, customer, or buyer is unable to pay for a live online course or session, Merchant may offer a payment settlement. The agreement must be confirmed in a format that can be reproduced, such as email. Failure to adhere to a mutually agreed payment schedule for over 30 days will result in the public disclosure of the defaulter's personal information, indicating that they are untrustworthy in the context of service ethics.
Post-Training Procedures
Merchant and its affiliates take no responsibility for the outcomes of procedures performed by students after completing the online training. Merchant will not correct or guarantee the results of these procedures. Hygiene and legal compliance are solely the student's responsibility.
Merchant advises students to diligently review healthcare, hygiene, and licensing regulations from governing bodies like Swissmedic, Health Canada, FDA, and others relevant to their country. While Merchant provides general information, the student must ensure they meet all local compliance requirements. No refunds will be offered if local regulations prevent the use of learned skills or purchased devices. It's the student's sole responsibility to understand local laws and regulations. Merchant and its employees will not advise on these matters.
Should local regulations become more restrictive, neither a refund nor compensation will be provided by Merchant.
The Merchant is under no obligation to deviate from the terms of service as outlined in this document. However, exceptions may be made at the Merchant's discretion in the form of gifts, donations, complimentary products, or services under specific circumstances of personal hardship experienced by the student, customer, or buyer. These specific circumstances include, but are not limited to, the following scenarios:
Death of the Student, Customer, or Buyer: Should the student, customer, or buyer pass away within six months of commencing a relationship with the Merchant, a donation covering the financial investment made in training may be extended to the immediate family and closest relatives.
Terminal Illness: If the student, customer, or buyer is diagnosed with a terminal illness within six months of starting the training or service, the Merchant may donate an amount equivalent to the investment made in the training. This exception does not apply if the individual was aware of the illness prior to becoming a student, customer, or buyer.
Death of a Close Relative: In the event that the student, customer, or buyer experiences the loss of a close relative (either parent or child) within six months of enrollment, the Merchant may offer a donation equal to the total investment made in the training. This provision applies even if such a loss was foreseeable.
Permanent Incapacity to Work: If the student, customer, or buyer becomes permanently incapacitated due to physical injury or ailment and is officially declared partially or fully disabled within six months of becoming a student, customer, or buyer, the Merchant may offer a donation covering the full investment made in the training. This provision does not apply if the individual was aware of the condition or circumstances leading to the disability prior to enrollment.
These exceptions, offered in the form of gifts, donations, complimentary products, or services, are granted at the Merchant's discretion and are typically initiated when the Merchant becomes aware of the qualifying circumstance through a reliable source. Should the student, customer, or buyer, or their immediate family members, request an exception, the Merchant will make a decision within five business days of receiving such a request. If the exception is granted based on a formal request, the Merchant may require minimal substantiating evidence to verify the circumstances.
Litigations, Investigations, and Lawsuits (Annex B)
In the event of defamatory or malicious claims, the Merchant reserves the right to secure potential financial damages by arranging collateral or a mortgage against the immovable property of the student, customer, or buyer. This safeguarding measure is carried out through Interim Relief. Financial liability for defamation, violation of terms of service, or lodging malicious claims is not capped at 20 times the fees paid by the student, customer, or buyer to the Merchant. By default, the liable amount agreed upon by accepting these terms of service includes 20 times the fees paid and any direct financial costs incurred by the Merchant related to a specific case, as well as fees associated with court proceedings and/or police investigations.
Claims made against the Merchant based on false information—information that the student, customer, or buyer either knew or should have known—are automatically classified as attempts at embezzlement or fraud. If such false or malicious claims result in direct financial harm to the Merchant (e.g., restricted use of funds, added legal expenses, or other provable expenses), the act of making the false claim will automatically be considered embezzlement or fraud.
The legal framework within the European Union, under which such proceedings will be conducted, outlines similar penalties for these offenses. For example:
Embezzlement involves unlawfully converting someone else's movable property or assets for personal or third-party use and is punishable by a fine or imprisonment up to one year. Certain aggravating factors, such as prior criminal offenses, large-scale operations, or abuse of official position, can extend the imprisonment up to five years. Legal entities may also face monetary penalties.
Fraud entails causing financial loss to another through deliberate deception and is punishable by a fine or imprisonment up to three years. Like embezzlement, certain aggravating factors can extend the sentence to up to five years. Legal entities can also be subjected to fines.
Extended asset or property confiscation may be imposed by the court for criminal offenses detailed in the above clauses.
By accepting these terms, the student, customer, or buyer understands that engaging in defamation, making false or malicious claims, violating copyright laws, or committing other contract violations can lead to both criminal investigations and civil litigations.
The Annexes of this Agreement were last updated in August, 2023.
The terms outlined here govern the contract between the Merchant Product Partner Company and the client, customer, or student (hereinafter referred to as the "Client"). These terms apply to all bundled offers and co-promotional offers that the Client accepts as part of this agreement.
Contract Subject Matter
The Merchant Product Partner Company serves as an intermediary for the Client, facilitating transactions specified in this Contract. The Client intends to purchase supplies or products, hereinafter referred to as the "Item" or "Items," as agreed upon from time to time between the Client and the Merchant Product Partner Company.
Order Placement and Representation
The Client designates the Merchant Product Partner Company as its authorized representative for purchasing Items specified in separate orders. These orders may be made in writing, via email, website, or other electronic means and will be considered an appendix to this Contract.
Item Procurement and Payment
The Merchant Product Partner Company will purchase the Item on the Client's behalf and at the Client's expense, either under the Client's name or its own. The company may also opt to sell the Item from its own stock. The Client must pay in full in advance, as detailed in the Order. This payment includes the Merchant Product Partner Company's service fee.
Training and Use
The Merchant Product Partner Company will not provide any training or instructions regarding the Item's use. The Client bears sole responsibility for the correct usage of the Item.
Spare Parts and Consumables
Unless otherwise agreed upon, the Merchant Product Partner Company will exclusively sell and provide any necessary spare parts and consumables for the Item.
Warranty Claims
For any warranty issues concerning the Item, the Client must submit claims to the Merchant Product Partner Company, who will act as an intermediary.
Licenses and Certifications
The Client is responsible for obtaining any required licenses, certifications, or permits. Should any such requirements apply to the Merchant Product Partner Company, the Client will take responsibility for acquisition, and the company will offer assistance as deemed appropriate.
Information Provision
The Client must supply all necessary information for the proper execution of this Contract.
Limitation of Liability and Indemnification
Except for liabilities expressly stated in this Agreement, neither party will be liable for any indirect, special, or consequential damages, including lost profits or other economic losses. Each Party agrees to indemnify the other against third-party claims resulting from negligence, misconduct, or omission.
The Client must indemnify the Merchant Product Partner Company against any claims related to the Item's use. The Client is solely responsible for the Item's quality and safe use.
Obtaining Licenses, Certifications, and Permits
If any licenses, certifications, or permits are required for the Merchant Product Partner Company, the Client will take on the full responsibility for obtaining these. In such cases, the Merchant Product Partner Company commits to providing assistance to an extent it deems appropriate.
Information Provision
The Client is obliged to provide the Merchant Product Partner Company with all necessary information for the proper execution of this Contract.
Limitation of Liability and Indemnification
Except for responsibilities expressly outlined in this Agreement, neither party will be liable for any indirect, special, consequential, or punitive damages. This includes, but is not limited to, loss of anticipated profits or other economic losses related to this Agreement. This clause does not limit either party's obligation to indemnify, defend, and hold the other harmless against amounts due to third parties.
Mutual Indemnification
Both parties agree to indemnify and hold each other harmless from and against third-party claims. This includes damages to tangible personal or real property, and personal injuries, resulting from negligence, willful misconduct, or omission by the indemnifying party.
Client's Responsibility for Item Use
The Client is responsible for indemnifying the Merchant Product Partner Company against any claims from the Client's customers relating to the use of the Item. Furthermore, the Client will be solely responsible for the quality and safety of the Item's usage.
Both parties agree to maintain the confidentiality of trade secrets and other confidential information acquired during the execution of this Agreement. This confidentiality extends beyond the duration of the Agreement. Access to such information shall be limited to employees or agents who require it for reasonable fulfillment of their roles. These individuals must also be bound by confidentiality agreements or legal obligations equivalent to those of the concerned Party. If there's a breach in confidentiality by any of these individuals, the Party they work for will assume full responsibility toward the other Party. This confidentiality clause will remain in effect until the concerned information becomes public knowledge. However, this does not apply to information that was already publicly known, was in the recipient's possession prior to the Agreement, or was lawfully acquired from a third party.
Termination for Failure to Fulfil Obligations
The Agreement can be terminated by either Party if the other fails to meet their obligations and does not remedy this failure within 30 days of receiving a written notice of default. Unless waived, the Party issuing the notice retains the right to claim damages, even if such a claim was not initially mentioned in the default notice.
Termination for Bankruptcy or Insolvency
Immediate termination of this Agreement is permitted if either Party becomes insolvent, files for bankruptcy, or undergoes similar financial distress as defined by being unable to meet debts or having liabilities exceed assets.
Compensation Upon Termination
Neither Party has the right to claim compensation due to the expiration or termination of this Agreement, unless such claims are based on a breach of this Agreement, negligence of the other Party, or mandated by applicable law.
Modifications
Any changes to this Agreement must be in writing and either agreed upon via email or included in these terms of service.
Acknowledgment and Acceptance
Both Parties acknowledge that they fully understand and accept the terms and conditions of this Contract. They commit to comply with them. The representatives of both Parties confirm that they are authorized to enter into this Agreement, which becomes binding when the Client conducts any business with the Merchant, thereby accepting the terms of service.
