Terms of service

General Terms of Service and Customer Information

Last updated April 01, 2025.

These Terms of Service (“Terms” and “T&C”) set forth the general terms and conditions governing your use of the website https://hellogloom.com/, and all related (sub) products and services (collectively - “Services”). These Terms are legally binding between you (“User”, “you”, “your”, and “consumer”) and HELLOGLOOM™️ (“HELLOGLOOM™️”, “we”, “us”, or “our”).

HELLOGLOOM™️ company legal address:

8206 Louisiana Blvd Ne, Ste A #4836, Albuquerque, New Mexico 87113 USA

By accessing and using the website and Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that person to these Terms, in which case the terms “User,” “you,” or “your” will refer to that person. If you do not have such authority or do not agree to these Terms, you may not accept these Terms and may not access and use the website and Services.

You acknowledge that these Terms are a contract between you and us, even though it is electronic (browsewrap agreement) and not physically signed by you, and that it governs your use of the website and the Services.

We encourage you to read these Terms, along with our Privacy Policy, entirely and carefully before using our Services and website.

• 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (HELLOGLOOM™️) via the website. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) A consumer, in the sense of the following regulations, is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

• 2 Eligibility

1. By agreeing to these Terms, you represent and warrant to us:
2. That your age is at least eighteen (18) years old; all users under this age must obtain parental consent to use the website and Services.
3. If you represent a company, you are an authorized representative and provide a negotiation and/or order with the services on behalf of the company you are representing.
4. That your use of the Mobile Application complies with applicable laws and regulations.

• 3 Licence grant to us

1. By providing personally identifiable information (hereinafter – “Files”) through the website or purchase/order form or other electronic communications, you approve our processing of your Files.
2. These Files can be automatically downloaded from your end by the website with cookies (regulations on cookies are described in our Privacy Policy).
3. The Company guarantees that we, as Data Processor, will use all Files only for data processing purposes, and no third party will have access to your Files without your additional permission except the payment service provider.

• 4 To whom are these Terms applicable?

1. The purpose of these Terms is to define the general terms of service under which you may access and have the right to use the Services in connection with our website. These Terms also constitute a legally binding contract between us and you. These Terms, together with the Privacy Policy, constitute the complete and exclusive statement of the terms and conditions between you and us with respect to the subject matter hereof. No other agreements will become part of these Terms unless expressly stated in these Terms or agreed to in writing between us.
2. You may not accept these Terms if you are not of legal age under the laws of your jurisdiction to form a binding contract with us.
3. In these Terms, the word “including” or “includes” means “including, but not limited to” or “includes, without limitation”, and words that mean the singular include the plural and vice versa.

• 5 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) Already, with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express) as a payment method, you will either be taken to the order overview page in our online store, or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page. Before sending the order, you have the opportunity to check all the information again, change (also via the "back" function of the Internet browser), or cancel the purchase. By sending the order via the "buy" button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.

• 6 Warranty

1. The statutory rights of liability for defects shall apply.
2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

• 7 Disclaimers; No warranty

1. We are not liable for any loss or damage incurred as a result of using payment service provider services for payment transactions.
2. Website and Services are made available to you on an “as is” and “as available” basis, with the express understanding that we have no obligation to monitor, control, or vet the content or data appearing on the website.
3. You use the website at your discretion and risk and take full responsibility for such usage.
4. We make no claims or promises about the quality, accuracy, or reliability of the website and expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5. We have the right to delete some Services item(s) from our website by our sole decision without prior written notification.
6. The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.

• 8 Limitation of Liability

1. In any case, we will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials or the Services on the website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed about of the possibility of such damage.
2. We, in any case, are not responsible for services provided to you by the third party who advertised on the website.
3. All risks related to your information, account, or accounts on other sources if you shared your data are not a part of our responsibility.
4. We are not responsible for any allergies or any health effects related to our product usage.
5. You accept responsibility for using our website.

• 9 Termination of Use and Modification

1. We have the right to modify/upgrade or discontinue the website at any time (including, without limitation, by limiting or deleting some Services items) without notice to you.
2. We have no liability whatsoever for any change to the website or any suspension or termination of your access to or use of the website.
3. We have the right to restrict your access to the website immediately without previous notice if we, ourselves or related third parties detect any violations from you. In this case, you do not have the right to refund your funds and/or return the goods or restore your access to the website.
4. We have the right to restrict your access to the website immediately without previous notice if any unapproved software modifications are detected from your side.

• 10 Third-Party Links

1. The website or our social media accounts may contain links to third-party web sources. Such linked websites or applications are not under our control, and we are not responsible for their content or their services.
2. We have the right to cooperate with third parties and provide your personal data to third parties without your written permission if you use/click the third party’s link on the website or on our social media platforms.
3. If you choose to enable, access or use any third-party services, please note that your access to and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations regarding any aspect of such other services, including but not limited to their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. 
4. You irrevocably waive any claims against us with respect to such other services. 
5. We will not be liable for any damage or loss caused or alleged to be caused by or in connection with your enabling, accessing or using such other services or your reliance on the privacy practices, data security processes or other policies of such other services. 
6. You may be required to register or sign up for such other services on their respective platforms. By activating other services, you expressly permit the Operator to disclose your information as necessary to facilitate the use or activation of such other services.

• 11 Ownership; Our Proprietary Rights

1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files on the website, materials on our website, files and materials on our social media platforms (hereinafter – “the Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. 
2. All Materials are our property.
3. If any materials, interfaces, logos, designs, products, or something else that is not our intellectual property and we do not have licences for using it, the licensor has the right to request to delete its intellectual property from the website or social media platforms according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”), Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”) or directly contacting us with provided proof of intellectual property infringement from our end at support@hellogloom.com.
4. If you would not use any precourt regulations defined in these Terms in Section (3) § 11, you cannot submit any claims against us.
5. We do not claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remain the property of the original copyright owners.
6. Except as expressly authorised by us in writing, you may not make use of the Materials. 
7. We reserve all rights to the Materials not granted expressly in these Terms.

• 12 Intellectual Property

1. “Intellectual Property Rights” means all present and future rights granted by law, common law or equity in or relating to copyrights and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights in inventions, rights of use and all other intellectual property rights, in each case whether registered or not, and including all applications for and rights to apply for and grant, rights to claim priority of such rights, and all similar or equivalent rights or forms of protection, and all other results of intellectual activity now existing or hereafter to exist in any part of the world. These Terms do not transfer from us to you or any of our or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, graphics and logos used in connection with our website and our social media and our trademarks or our registered trademarks or our licensors. Other trademarks, service marks, graphics and logos used in connection with our website and our social media may be trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any of our or our licensor’s trademarks.

• 13 User Content

1. Without limiting any of these representations or warranties, we have the right, but not the obligation, in our sole discretion, to refuse or remove any content that, in our reasonable opinion, violates our policies or is in any way harmful or objectionable from our website or our social media platforms. 
2. Unless you have expressly consented, your use of the website does not grant us a license to use, reproduce, adapt, modify, publish or distribute any content you created for any commercial, marketing or similar purpose.

• 14 Prohibited Uses

1. As a condition of your use of the website and our social media platforms, you will not use the website or our social media platforms for any purpose that is unlawful or prohibited by these Terms. You may not use the website and our social media platforms in any manner that could damage, disable, overburden, disrupt or impair any of our servers or APIs, any networks connected to any of our servers or APIs, or that could interfere with any other party's use and enjoyment of us. 
2. You may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the website. 
3. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the website, including on any API calls, or otherwise use the website or social media platforms in a manner that violates any of our agreements or these Terms.
4. You and/or any other third parties may not attempt to gain unauthorised access to any websites, other accounts, applications, computer systems, or networks connected to our servers through hacking, password mining, or any other means. 
5. You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
6. You and/or any other third parties may not use the website or our social media platforms in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom, the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.

• 15 Indemnity

1. You agree to be responsible for using/visiting the website and our social media platforms, and you agree to defend, indemnify, and hold harmless HELLOGLOOM™️ and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Officers”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with
2. your access to, use of, or alleged use of the website; 
3. your violation of these Terms or any representation, warranty, or agreements referenced herein or any applicable law or regulation; 
4. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
5. any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations concerning such matter), and in such case, you agree to cooperate with our defence of such claim.

• 17 Payments and Delivery

1. Place your Order Online. You need to visit our website and add the desired products to your shopping cart. To proceed to payment, you can click on the cart icon and follow the prompt to enter your shopping cart and payment information through our secure platform.
2. Check before payment. Before entering and sharing your payment details, please, review your order in the cart again. Ensure that all items and quantities are correct. We do not offer refunds for double orders, but if an error occurs, you have UP TO 12 hours to contact us for any changes before your order is shipped. It may happen that an order can be sent earlier, and in this case, you cannot change the order anymore.
3. Ordering and payment assistance. If you find the online ordering process challenging, don't hesitate to call our customer support team at 505-207-0257 (USA). We're here to assist you in placing your order over the phone, ensuring a smooth and hassle-free experience. We’re available from 9 AM - 5 PM EST Monday-Saturday.
4. The prices listed in the respective offers as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition unless free delivery has been promised.
6. Prices for our products are subject to change without notice.
7. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
8. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may include orders placed from or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change or cancellation to an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors at our sole discretion.
10. You agree to provide current, complete and accurate purchase and account information for all purchases from our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
11. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
12. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
13. Delivery Instructions.
14. Quick Shipping Policy. 

• Rapid Order Processing: We pride ourselves on efficiency. All orders placed with hellogloom.com are approved and dispatched within 24 (twenty-four) hours from the time of order confirmation. Each shipment is accompanied by a traceable tracking number, ensuring transparency and security in the delivery process.

1. Post-Shipment Policy. 

• Order Finality: Please note after your order has been shipped, we are unable to accommodate any changes to the order details or shipping address. We encourage our customers to review their orders carefully before finalizing them to ensure accuracy.

1. Standard Delivery Timeline. 

• Estimated Arrival Time: Our standard delivery timeline ensures that most shipments are delivered to our customers within 5-7 (five-seven) business days. We strive to ensure timely delivery; however, please be aware that occasional delays due to the postal service or national holidays are beyond our control. We appreciate your understanding and patience in such circumstances.

1. Shipping Practices: Domestic vs. International. 

• Domestic Orders: For our customers within the USA, orders are shipped via USPS from a domestic warehouse. This practice helps in reducing shipping times and ensuring efficient delivery.
• International Orders: Customers located outside the USA will receive their orders from our overseas facility. International shipping practices are designed to optimize logistics and ensure that your order reaches you in good time.

1. Tracking and Updates.

• Tracking Information: USPS tracking may not show immediate movement. If there's no update for a few days, rest assured your package is en route and may not update until delivery day when it is out for delivery.

• 18 Refund and Return

Ordered Wrong Item or Something Additional that I Do Not Need.

• If you have ordered the wrong item, please contact our customer service immediately
• Pre-Shipment: If the order has not been shipped yet, the customer support agent will be able to cancel the order and send the refund to your original payment method;
• Post-Shipment: Although we cannot halt or reverse shipments once dispatched, you may refuse the delivery. In this case, you are required to return the package back to the sender intact and unopened. If the return is approved by HELLOGLOOM™️ customer support, a refund will be sent.

Items Missing from Order.

• Immediate Action Required: Should you discover any items missing from your package, contact us without delay via email (support@hellogloom.com) or phone (+1 505-207-0257), providing your order number and the missing item's name. Our customer service team will swiftly address the issue, offering a replacement for the missing item(s). Resolution is guaranteed within 24 (twenty-four) hours following the verification of your claim.
• All the missing item requests should be submitted within 7 days from the order delivery date.

Incorrect Address and Delivered Package.

• Address Verification: We rely on the accuracy of the address provided at checkout and cannot verify or alter it post-purchase. If a package is delivered to an incorrect address due to customer error, we are here to assist. Our customer service can facilitate the placement of a new order at a reduced price to mitigate your loss; however, it is the customer’s responsibility to provide the current shipping information. Extra charges will be applied in this case.

Concerns Over Ingredients.

• Ingredient Transparency: All product ingredients are listed on our website. If you have concerns after purchase, unopened products can be returned at your expense for a refund or exchange upon receipt. Contact us without delay via email (support@hellogloom.com) or phone (+1 505-207-0257) if you have any concerns over ingredients.
• Our products are made with all-natural ingredients and are not harmful; however, if you have any medical conditions such as high blood pressure, heart disease, or any other health concerns, we strongly recommend consulting with your doctor before making a purchase. Once a product has been purchased, cancellations or refunds will not be granted based on medical conditions.

Lack of Desired Effects.

• Usage Recommendation: We advise a full 120-day usage of the product as instructed. If you do not observe the desired results, you may return the remaining product for a full refund. Alternatively, we can offer a replacement product, prioritizing this option first.
• In order to be eligible for a no result full refund, a customer must provide the evidence to the customer support team within 24 hours from the moment such a request has been made. Acceptable evidence should include:
• A photo of the customer’s hair/eyebrows/eyelashes right before the 1st HELLOGLOOM™️ product usage with a time stamp
• A photo of the customer’s hair/eyebrows/eyelashes 30 days after the 1st HELLOGLOOM™️ product usage with a time stamp
• A photo of the customer’s hair/eyebrows/eyelashes 60 days after the 1st HELLOGLOOM™️ product usage with a time stamp
• A photo of the customer’s hair/eyebrows/eyelashes 120 days after the 1st HELLOGLOOM™️ product usage with a time stamp

What items are non-refundable.

• The following items cannot be returned or refunded:
• Shipping fees once the order has been shipped
• Expedited shipping fees
• Package loss warranty
• Priority order processing
• Gift cards
• Discounted items marked as BOGO and other discounted items marked as non-refundable on the site

Restocking fee - special circumstances

• If your order does not meet the eligibility criteria for a refund but you believe your circumstances warrant special consideration, you may request a case review. If a refund is approved under these unique circumstances, a restocking fee of 30% will be deducted from the refunded amount.

Unauthorized returns without prior notification and approval

• All returns must be approved by the HELLOGLOOM™️ team before being sent back. Any product returned without prior authorization will not be eligible for a refund.

The item I received is damaged.

• If you have received a damaged, please contact our customer service immediately. Contact us without delay via email (support@hellogloom.com) or phone (+1 505-207-0257), providing your order number and the missing item's name. Our customer service team will swiftly address the issue, offering a replacement for the damaged item(s). Resolution is guaranteed within 24 (twenty-four) hours following the verification of your claim.
• All the damaged item requests should be submitted within 7 days from the order delivery date.

Experiencing Discomfort.

• Adverse Reactions: While rare, itchy sensations or hair oiliness may occur, especially if our product is used in conjunction with similar products. Our items are all-natural, but we recommend contacting customer service for guidance on avoiding such issues. Persistent problems warrant a return of the remaining and any unused bottles for a refund.

Prepaid Shipping Labels.

• Shipping Policy: At this time, hellogloom.com does not offer prepaid shipping labels for returns.

How will I get my refund?

The following refund options are supported:

• Refund to the original payment method
• Refund to store credit (if applicable)

International Returns.

• Outside the USA: International customers wishing to return items should contact our customer service for specific instructions and assistance regarding the return address.
• 19 Data Security

1. HELLOGLOOM™️'s Privacy Policy forms part of these Terms and contains contractual provisions to ensure the protection and security of data provided by you and other users to us for processing purposes.
2. We have implemented the necessary technical and organisational security measures to prevent such data from being accidentally or unlawfully destroyed, lost or misplaced and to prevent such data from falling into the hands of unauthorised persons, being misused or otherwise handled in a manner contrary to our Privacy Policy.
3. We are committed to confidentiality with respect to all information received from you and will not disclose such information to third parties unless we are required to do so in accordance with our outsourcing rules or by a court or regulatory authority, and then only to the extent necessary.

• 20 Governing Law and Arbitration

1. The laws of the United States will govern these Terms without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the United States courts to litigate all such disputes.
2. Arbitration Process.
   If there is ever a disagreement or dispute between us that our customer support team cannot resolve, we agree to settle it through binding arbitration or small claims court. This applies to all disputes and claims related to these Terms, your use of the Services, or our relationship. The appointed arbitrator will have the authority to provide all possible relief that would be available in a court. However, all arbitrations and small claims proceedings will only proceed on an individual basis. Neither of us can attempt to resolve a dispute with the other as part of any class, consolidated, or representative proceeding except as allowed in clause 9 of this Section. This arbitration provision will continue to be valid even after the termination of these Terms and any other agreement between you and us. 
3. Applicability.
   These Terms to settle disputes through arbitration apply to all legal disagreements between you and us. This includes but is not limited to: (i) all claims related to any aspect of the relationship between you and us, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this agreement or any prior agreement (including claims related to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
4. Selection of Arbitrator.
   We have both agreed to use the "rank and strike" process to select an arbitrator. According to this process, the American Arbitration Association (AAA) will suggest at least ten candidates who are suitable to serve as the arbitrator. We will each provide a written response to AAA, without copying one another, in which we will (i) "strike" up to three of the candidates, that is, remove them from further consideration, and (ii) rank the remaining candidates in order of preference. AAA will calculate the average of each of our rankings for each arbitrator and select the candidate with the highest rating as the arbitrator.
5. No Class Actions.
   You and the Company have agreed that any claims against each other will be in an individual capacity and not as a plaintiff or class member in any class or consolidated proceeding. The arbitrator is not allowed to consolidate more than one person's claims and cannot preside over any form of class, consolidated or representative proceeding except as provided for in clause 9. If warranted, the arbitrator may issue all of the same relief that would be available in court, including public injunctive relief, in favor of the party seeking such relief, but only to the extent authorized by law and warranted by the party’s claims.
6. Both parties acknowledge that different arbitrations may present overlapping factual or legal issues. Therefore, to the fullest allowable extent and subject to clause 9, if one of the parties initiates an arbitration against the other and we determine that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between a third party (a “Similar Arbitration”) and us, the arbitration involving you will be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved, at our request. However, any rulings in any Similar Arbitration will not be binding in the arbitration involving you.
7. Dispute Notice.
   Before initiating arbitration, the party must send a written Notice of Dispute to the other party. The Dispute Notice intended for the Company must be sent by certified mail to the following address HELLOGLOOM™️ 40 SW 13th street, 902 Miami, FL, 33130. If you are the recipient of a Dispute Notice, it will be addressed to your current mailing, home or payment address on record with HELLOGLOOM™️ and must be sent by certified mail. If HELLOGLOOM™️ has no records of a physical address, the Dispute Notice may be delivered to your account email address. 
8. The Dispute Notice must clearly describe the nature and basis of the claim or dispute and set forth the specific relief sought. If, after sixty (60) calendar days, HELLOGLOOM™️ and you cannot reach an agreement to resolve the claim, either you or HELLOGLOOM™️ may commence an arbitration proceeding.
9. Arbitration Rules.
   If there is a dispute or claim related to your personal use of the Services, the Customer Arbitration Rules (known as the “AAA Rules”) will apply, rather than the Commercial Arbitration Rules that would apply to business use. These rules will be administered by the AAA and settled by a single arbitrator. Additionally, this clause 10 modifies the AAA Rules.
10. Arbitration Location.
    If you are a customer, you have the option of choosing where the arbitration hearings will take place. You can opt to have the hearing either in the county of your residence or through a phone call. However, if you are a customer residing outside the United States, you can choose to have the hearing in Miami or through a phone or video conference, as permitted by the AAA Rules. In case of Batch arbitration, as per clause 9, the hearing will take place in Miami or through a phone or video conference, as per the option of AAA.
    If you've used the Services for commercial purposes, the arbitration hearings will take place in the United States at a location convenient to both parties. If the parties fail to agree on a location, or in the case of Batch arbitration as per clause 9, AAA will determine the location.
    If your claim is for an amount less than ten thousand dollars ($10,000), the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. However, if your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.
    Regardless of how the arbitration is conducted, the arbitrator will issue a written decision that explains the essential findings and conclusions on which the award is based. All decisions made by the arbitrator will be final and binding, and the judgment on the rendered award may be entered in any court having jurisdiction.
11. Similar Claims.
    To ensure a timely resolution, if 25 or more claimants submit Dispute Notices or file arbitrations raising similar claims within a 90-day period, the disputes must be arbitrated in batches of up to 50 claimants each. These batches must be grouped by the AAA (American Arbitration Association) upon notice from either side, and the arbitrations will be consolidated into a single batch if there are 25-50 claimants or batches of 50 claimants each if there are more than 50 claimants. A smaller final batch will be created for any remaining claimants. The arbitration process will be conducted with a single arbitrator, one set of arbitration fees, and one hearing (if any) per batch. The hearing will be held in Miami or by phone or video conference based on the arbitrator's discretion. Both parties must cooperate in good faith to implement this process and minimize the time and costs of arbitration. A single process arbitrator will hear any challenges to administrative determinations by AAA. If this Section 9.9 is deemed unenforceable as to a particular claimant or batch, then those parties must arbitrate in individual proceedings.
12. Arbitration Costs.
    Payment of Costs and Expenses: All filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules. However, if you initiate an arbitration against HELLOGLOOM™️ for a relief of ten thousand dollars ($10,000) or less, then HELLOGLOOM™️ will pay all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If you are initiating an arbitration against HELLOGLOOM™️ ,and your claim arises from your use of the services as a customer, but the relief sought is more than ten thousand dollars ($10,000), and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then HELLOGLOOM™️ will pay the amount of any such costs and expenses. However, in the event that the arbitrator determines that all the claims you assert in arbitration were frivolous at the time they were filed or that you continued to press those claims after receiving information demonstrating that they were frivolous, you agree to reimburse HELLOGLOOM™️ for all the costs and expenses that HELLOGLOOM™️ paid, and you would have been obligated to pay under the AAA Rules.
    Payment of Legal Fees: Each party will bear its attorneys' fees and expenses in connection with any arbitration proceeding to the maximum extent allowed under applicable law. The arbitrator may resolve disputes and make rulings as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
13. Non-Qualifying Disputes.
    If any part of clause 10 is found to be invalid or unenforceable, this entire section will only be void for that specific claim or issue. However, this section will still apply to any other claims or issues that are not affected. This means that arbitration for those unaffected claims or issues must be completed before any non-arbitrable claims can be litigated, even if there are overlapping legal or factual questions.
14. Your Right to Opt Out.
    If you do not wish to be bound by the arbitration or class action waiver provisions mentioned in Section 10, you have the right to opt-out. To do so, you can send a written notice from the email address we have associated with you as a user to support@hellogloom.com.

• 21 Severability

If any provision of these Terms becomes invalid, it shall be modified to the minimum extent necessary to make it valid. If such modification is not possible, the provision shall be deemed deleted. This does not affect the validity of the rest of these Terms.

• 22 No Waiver

No failure or delay by HELLOGLOOM™️ in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

• 23 Assignment

You may not assign your rights under these Terms without our prior written consent. However, we may freely assign its rights and obligations.

• 24 Changes to these Terms

The Company reserves the right to modify these Terms at any time. Revised versions of these Terms will be posted on the website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted on the website. 

1. We are not obliged to inform you about changes in these Terms.
2. If you disagree with the revised Terms, your sole and exclusive remedy will be discontinuing your use of the website.

• 25 Communication and Notification

All communication with us will be done electronically. Whenever you send us an email or visit our website or our social media platforms, you will be communicating with us. By using our website, you agree to receive communications from us. If you choose to subscribe to the news on our website, you will receive regular emails from us. We will also communicate with you by providing notifications on the website or posting news on our official social media, which can be found on our website. You agree that all electronic notices, disclosures, agreements, and other communications we provide meet the legal requirements for written communication. You also agree to receive any notifications through the website on your device. If you need support or have any questions, you can contact us at support@hellogloom.com.

• 26 Markets Terms

We allow you to use the website on your own device, which you own or control, with a non-transferable, non-sublicensable, non-exclusive, and unlimited license. However, we reserve all rights to the website that are not explicitly granted to you under these Terms. You are not allowed to copy, modify, or create derivative works based on the website, distribute, transfer, sublicense, lease, lend, or rent your account on the website to any third party, reverse engineer, decompile or disassemble the website, or make the functionality of the Website available to multiple users through any means, except for what is expressly permitted in these Terms. We allow you to use the website on your own device, which you own or control, with a non-transferable, non-sublicensable, non-exclusive, and unlimited license. However, we reserve all rights to the website that are not explicitly granted to you under these Terms. You are not allowed to copy, modify, or create derivative works based on the website, distribute, transfer, sublicense, lease, lend, or rent your account on the website to any third party, reverse engineer, decompile or disassemble the website, or make the functionality of the website available to multiple users through any means, except for what is expressly permitted in these Terms.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.,The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.

You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, you can contact us for more information about the program.