Terms of Service

Last updated: May 19, 2026

These Terms of Service (the "Terms") govern your access to and use of the website, store, products, and services (collectively, the "Services") provided by élan Precision Hair Care ("élan," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

The Services are powered by Shopify. Your use of the Services is also subject to Shopify's terms of service and policies where applicable.

Please read these Terms carefully. They include important information about your legal rights, including a section on dispute resolution and an arbitration clause.

1. Eligibility

You must be at least the age of majority in your jurisdiction to use the Services or place an order. By using the Services, you represent and warrant that you meet this requirement and that all information you provide is accurate, current, and complete.

2. Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@elanprecisionhair.co if you suspect any unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.

3. Products and Custom Formulations

élan Precision Hair Care offers personalized hair care products formulated based on information provided through the élan Pro/file™ by a licensed stylist or, where applicable, by you directly. You understand and agree that:

• Custom-formulated products are made specifically for the individual identified at the time of order and are not intended for resale.
• Results may vary depending on hair type, condition, environment, and use.
• Product images on the Services are for illustration purposes and actual products may vary slightly in color, packaging, or presentation.
• We reserve the right to limit quantities, modify formulations, or discontinue products at any time without prior notice.

4. Orders, Pricing, and Payment

All prices are listed in U.S. Dollars unless otherwise stated and are subject to change without notice. Placing an order constitutes an offer to purchase, which we may accept or decline at our discretion. We reserve the right to correct any errors in pricing, product descriptions, or availability, and to cancel any order affected by such errors, even after the order has been confirmed.

Payment is processed through Shopify and its authorized payment providers. You represent that you are authorized to use the payment method you provide and that the billing information is accurate.

You are responsible for any applicable taxes, duties, and shipping charges associated with your order.

5. Shipping and Delivery

We will make reasonable efforts to ship orders in a timely manner. Delivery times are estimates and not guaranteed. Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, weather, or other circumstances outside our reasonable control.

6. Returns, Exchanges, and Refunds

Because élan products are custom-formulated based on individual hair profiles, returns and exchanges are limited. Please review our Return Policy posted on the Services for current terms. If you receive a damaged or defective product, contact us at hello@elanprecisionhair.co within fourteen (14) days of delivery and we will work with you to resolve the issue.

7. élan Pros and Stylist Partners

Licensed hair care professionals who apply and are approved to participate in the élan Pros program ("Stylist Partners") are subject to additional terms set forth in the Stylist Partner Agreement provided at the time of enrollment. Stylist Partners are independent contractors and not employees or agents of élan. Nothing in these Terms or any related program documents creates a partnership, joint venture, franchise, or employment relationship between you and élan.

8. User Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Interfere with or disrupt the Services, our servers, or any connected networks;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or systems;
• Use any automated means (such as bots, scrapers, or crawlers) to access the Services without our prior written consent;
• Submit false, misleading, or fraudulent information;
• Upload or transmit any material that infringes the rights of others or that contains viruses or other harmful code;
• Resell, redistribute, or commercially exploit any portion of the Services without our prior written consent.

For questions about acceptable use, contact us at hello@elanprecisionhair.co.

9. Intellectual Property

All content on the Services, including text, graphics, logos, images, product names, formulations, the élan Pro/file™ system, software, and other materials, is the property of élan Precision Hair Care or its licensors and is protected by U.S. and international intellectual property laws. The names "élan Precision Hair Care," and "élan Pro/file™" are trademarks of élan Precision Hair Care.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, publicly display, or create derivative works of any content on the Services without our prior written permission.

10. User-Generated Content

If you submit reviews, comments, photos, or other content to the Services ("User Content"), you grant élan a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute that content in connection with the Services and our marketing activities. You represent that you own or have the necessary rights to submit the User Content and that it does not violate the rights of any third party.

We reserve the right, but have no obligation, to monitor, edit, or remove User Content at our discretion.

11. Third-Party Links and Services

The Services may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party site or service. Your use of third-party sites and services is at your own risk and is subject to their terms and policies.

12. Disclaimers

THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.

Nothing on the Services is intended as medical or dermatological advice. If you experience irritation or any adverse reaction to any product, discontinue use and consult a qualified healthcare professional.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ÉLAN PRECISION HAIR CARE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless élan Precision Hair Care, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive will continue to apply, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

16. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of those courts.

17. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

Class Action Waiver. You and élan agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

If for any reason a claim proceeds in court rather than in arbitration, you and élan each waive any right to a jury trial.

Some jurisdictions do not allow the waiver of certain rights, so portions of this section may not apply to you.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms on the Services and update the "Last updated" date above. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of the changes.

19. Miscellaneous

These Terms, together with our Privacy Policy and any other policies posted on the Services, constitute the entire agreement between you and élan Precision Hair Care with respect to the Services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms at our discretion.

20. Contact

If you have any questions about these Terms, please contact us at hello@elanprecisionhair.co