Terms of Use - Clients (Makeup Recipients)

These Terms of Use (“Terms”) are issued by MyMkUp 2024, LLC (the “Operator”), which owns and operates the mobile and web application (the “Application”). The Application enables individual users seeking makeup consultation sessions (“Clients”) to connect with professional makeup artists (“Makeup Artists”) through the Application’s platform.

The Application serves solely as a technological platform to facilitate the scheduling, payment, and delivery of online makeup consultation sessions between Clients and Makeup Artists. The Operator does not provide or control the actual makeup services, which are performed exclusively by independent Makeup Artists.

By registering for, accessing, or using the Application, the Client acknowledges that Client has read, understood, and agreed to be legally bound by these Terms. If the Client does not agree to these Terms, Client must refrain from using the Application.

The Operator may update or modify these Terms from time to time at its sole discretion. Any updated version will be posted within the Application, and continued use of the Application after such posting shall constitute the Client’s acceptance of the revised Terms.

Subject to compliance with these Terms, the Operator grants the Client a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Application solely for the purpose of booking and participating in makeup consultation sessions through the Application.

Clients may register for the Application using one of the available methods: (i) through her/his Google account; (ii) through her/his Facebook account; or (iii) by providing her/his name, mobile phone number, and email address directly.

The Client is responsible for maintaining the confidentiality of her/his account credentials and for all activities conducted under the account. The Client must immediately notify the Operator of any unauthorized use or suspected breach of security. The Operator shall not be liable for any loss or damage resulting from the Client’s failure to safeguard her/his account credentials.

By registering for the Application, the Client consents to receive promotional messages and marketing communications, including offers of products and services, via email, SMS, or push notifications. The Client may withdraw such consent at any time by following the unsubscribe instructions included in the communication, without affecting the ability to receive essential transactional messages.

The Operator may send transactional and service-related communications (such as booking confirmations, scheduling notices, reminders, and payment receipts) to the Client via the Application, email, or SMS. These communications are necessary for the performance of the services and cannot be opted out of.

All bookings must be made through the Application. Upon completion of a booking and payment, the Application may automatically generate and deliver a scheduling notice to both the Client and the Makeup Artist. Scheduled meetings will appear in the personal section of the Client and it is the Client obligation to follow the schedule of its scheduled meetings.

The Client must join the session at the scheduled time. Sessions shall begin and end strictly at the times confirmed in the booking. Sessions will not be extended due to the Client’s lateness, regardless of the reason, and no refund or credit shall be granted in such cases.

The Client is responsible for ensuring that Client has adequate equipment for participating in the session, including a device with a high-quality camera, a stable internet connection, sufficient lighting, and any other requirements communicated by the Operator or the Makeup Artist in advance.

The Client must purchase and have available the basic makeup products as specified in advance by the Makeup Artist or the Operator. If the Client fails to have the required products, the session cannot be properly conducted, and the Client shall not be entitled to any refund or rescheduling.

The pace and depth of the session will be determined by the time purchased and the goals defined by the Client at the time of booking. The Makeup Artist may adjust the scope of instruction in order to complete the session within the allotted time. The Client waives any claim regarding insufficient depth or coverage of topics due to time constraints.

All communications, interactions, scheduling, bookings, and payments between Clients and Makeup Artists must be conducted solely and exclusively through the Application and its dedicated chat feature. Clients and Makeup Artists are strictly and absolutely prohibited from: (i) initiating, encouraging, or engaging in any communication or correspondence outside of the Application for purposes related to the services; (ii) negotiating, arranging, or concluding any booking, session, or payment outside of the Application; and (iii) exchanging personal contact details (including phone numbers, email addresses, or social media accounts) with the intent or effect of circumventing the Application. Any attempt to bypass the Application, whether directly or indirectly, shall constitute a material breach of these Terms. In such cases, the Operator shall be entitled, without limitation, to: (i) immediately suspend or permanently terminate the Client’s account; (ii) deny the Client any refunds or credits; (iii) block the Client from future access to the Application; and (iv) pursue any and all remedies available under law, including claims for damages and injunctive relief. The Client expressly acknowledges and agrees that compliance with this obligation is a fundamental condition of her/his use of the Application.

Clients may cancel or reschedule a session up to three (3) days prior to the scheduled start time without incurring any charge. Cancellations or rescheduling made later than three (3) days before the scheduled session shall be charged in full, and the Client shall not be entitled to any refund or credit.

Nothing in these Terms shall derogate from the Client’s statutory rights under the Israeli Consumer Protection Law, 1981 and its regulations. Specifically, a Client may cancel a transaction for a session within fourteen (14) days of the booking date, provided that the cancellation is made at least fourteen (14) business days before the scheduled date of the session.

If a Makeup Artist cancels a scheduled session more than fourteen (14) days before the scheduled session, such cancelltion may be made without restrecion. If a Makeup Artist cancels a scheduled session less than fourteen (14) days before the scheduled session, the Makeup Artist shall make reasonable efforts to promptly offer the Client an alternative time for the session or to arrange a suitable replacement Makeup Artist to conduct the session. If the Client accepts the proposed rescheduled time or replacment, the payment made shall be applied toward the rescheduled session. If the Makeup Artist fails to offer an alternative time or a suitable replacment, the Client shall be entitled to a full refund in the form of in-application credit.

Any failure by the Client to participate fully in the scheduled session – for any reason whatsoever, including but not limited to lateness, absence, technical malfunctions, inadequate equipment, unstable internet connection, or failure to prepare the required makeup products – shall be deemed a “no-show.” In all such cases, the Client will be charged in full, and no refund or credit will be issued.

Refunds, where applicable, shall be processed through the original payment method used by the Client. The Operator’s records, including the Application’s server time, shall constitute conclusive proof of the timing of bookings, cancellations, and refund eligibility.

All payments for sessions shall be made exclusively by credit card through the Application’s secure payment system. The Operator does not store Clients’ credit card details on its servers.

All prices displayed in the Application are final and inclusive of VAT or any other applicable taxes, unless expressly stated otherwise.

Upon successful completion of payment, the Client will receive an electronic confirmation and receipt. Delivery of such confirmation and receipt by email or through the Application shall be deemed valid service of the document for all purposes.

Refunds, where applicable under these Terms, shall be processed using the same payment method employed by the Client for the original transaction, or through another method determined at the sole discretion of the Operator.

In the event of a payment dispute or chargeback, the Operator reserves the right to suspend the Client’s account and to withhold or offset amounts until the dispute is resolved. The Operator’s internal records, including the Application’s server time, shall constitute conclusive evidence in relation to transactions and timing.

Clients are strictly prohibited from making or attempting to make any payments to Makeup Artists outside of the Application. Any such conduct shall constitute a material breach of these Terms and may result in immediate suspension or termination of the Client’s account and the pursuit of legal remedies by the Operator.

Clients must behave respectfully, and courteously at all times when using the Application and throughout any session conducted with a Makeup Artist. Offensive, abusive, harassing, or discriminatory conduct – whether during a session or in any communication through the Application – is strictly prohibited, including conduct based on race, gender, religion, nationality, disability, or sexual orientation.

Clients shall not upload, publish, transmit, or share any unlawful, offensive, defamatory, infringing, or otherwise inappropriate content through the Application and throughout any session conducted with a Makeup Artist. Prohibited content includes, without limitation: (i) racist, hateful, obscene, threatening, or sexually explicit material; (ii) content that infringes the intellectual property rights of any third party; (iii) misleading, fraudulent, or deceptive information; and (iv)malware, viruses, or any other harmful code.

All communications with Makeup Artists relating to sessions, including inquiries, scheduling, and instructions, must take place solely through the Application’s dedicated chat feature. Clients are prohibited from exchanging personal contact details with Makeup Artists or attempting to communicate through external channels.

The Operator reserves the right, at its sole discretion, to monitor, review, edit, remove, or block any content uploaded by Clients, and to suspend or terminate a Client’s account for violations of this Part or of any applicable law.

THE CLIENT ACKNOWLEDGES AND AGREES THAT THE APPLICATION SERVES SOLELY AS A TECHNOLOGICAL PLATFORM TO CONNECT CLIENTS WITH INDEPENDENT MAKEUP ARTISTS. THE OPERATOR DOES NOT PROVIDE MAKEUP SERVICES AND ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE RESULTS OF ANY SESSION OR USE OF ANY MAKEUP MATERIALS OR OTHER MATERIALS OR FOR ANY ACTIONS, OMISSIONS, MISAPPLICATION OF TECHNIQUES, OR OTHER CONDUCT BY THE CLIENT DURING OR AFTER THE SESSION. THE CLIENT SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY AND ALL USE OF MAKEUP PRODUCTS, TOOLS, TECHNIQUES, OR MATERIALS, AND FOR ANY OUTCOMES, EFFECTS, REACTIONS, DAMAGES, OR RESULTS ARISING FROM SUCH USE. THE OUTCOME OF EACH SESSION DEPENDS ON FACTORS SUCH AS THE CLIENT’S OWN SKILLS, PREPARATION, EQUIPMENT, PRODUCTS, GOALS, AND THE TIME PURCHASED, AND NO GUARANTEES OR COMMITMENTS ARE MADE REGARDING THE SUCCESS OR QUALITY OF THE RESULTS.

IN ANY CASE WHERE A REFUND OR COMPENSATION IS GRANTED UNDER THESE TERMS, THE CLIENT’S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT FOR THE RELEVANT SESSION. THE CLIENT SHALL NOT BE ENTITLED TO ANY ADDITIONAL DAMAGES, COMPENSATION, OR REMEDIES OF ANY KIND.

THE OPERATOR PROVIDES ONLY THE TECHNOLOGICAL PLATFORM AND DOES NOT PROVIDE OR CONTROL THE MAKEUP SERVICES. THE OPERATOR SHALL BEAR NO RESPONSIBILITY OR LIABILITY FOR THE QUALITY, ACCURACY, TIMELINESS, OR OUTCOME OF THE SERVICES PROVIDED BY MAKEUP ARTISTS. ALL SUCH RESPONSIBILITY RESTS SOLELY WITH THE CLIENT.

Clients are strictly prohibited from recording any session, in whole or in part, without the prior written consent of the Operator. Any unauthorized recording shall constitute a material breach of these Terms.

All sessions conducted through the Application may be recorded and securely stored by the Operator. The Client hereby acknowledges and consents to such recordings.

The Operator may use session recordings for the following purposes: (i) quality assurance and service improvement; (ii) investigation and resolution of complaints or disputes; and (iii) internal training of the Operator’s personnel.

The Client hereby provides her/his explicit and informed consent for the Operator to use session recordings, in whole or in part, for the development, training, and improvement of artificial intelligence (AI) tools and technologies. As part of this arrangement, the Client may be offered the option to purchase access to the recording of her/his own sessions for a fee. THE CLIENT ACKNOWLEDGES AND AGREES THAT PROVIDING SUCH CONSENT IS A MANDATORY CONDITION FOR THE USE OF THE APPLICATION, AND THAT THE OPERATOR CANNOT PROVIDE THE SERVICES OR ALLOW ACCESS TO THE APPLICATION WITHOUT SUCH CONSENT. ACCORDINGLY, REFUSAL TO PROVIDE OR MAINTAIN THIS CONSENT SHALL IMMEDIATELY PROHIBIT THE CLIENT FROM USING THE APPLICATION OR ANY OF ITS SERVICES.

Client may be offered the option to purchase access to the recording of her/his own sessions for a fee. If the Operator provides the Client with an official recording of her/his session, such recording may be used solely for the Client’s personal learning purposes. The Client shall not copy, publish, distribute, transmit, share with third parties, or make any other use of such recording without the Operator’s prior written approval.

The collection, storage, and processing of personal data and recordings shall be carried out in compliance with the Israeli Privacy Protection Law, 1981 (as amended), and any other applicable privacy regulations. The Operator shall ensure transparency, obtain informed consent where required, and implement appropriate technical and organizational measures to safeguard personal data.

All intellectual property rights in and to the Application, including without limitation all software, source code, designs, user interfaces, text, graphics, logos, trademarks (registered or unregistered), service marks, trade names, layouts, “look and feel,” and any other materials provided by the Operator, are and shall remain the exclusive property of the Operator. Nothing in these Terms shall be construed as granting the Client any rights in or to the Application, except for the limited license expressly set forth herein.

All recordings of sessions, whether video, audio, or otherwise, as well as any related materials provided by the Operator, are and shall remain the sole property of the Operator. Clients are strictly prohibited from recording sessions independently without the prior written consent of the Operator. Any recording or material provided by the Operator shall inccured fee and may be used by the Client solely for her/his own personal learning purposes, and shall not be copied, published, distributed, transmitted, or shared with third parties without the Operator’s prior written approval.

Any feedback, ratings, reviews, comments, or other content submitted or published by Clients through the Application (“Client Content”) shall remain the property of the Operator. By submitting such Client Content, the Client grants the Operator a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, display, distribute, publish, and otherwise exploit such Client Content in connection with the operation, promotion, and improvement of the Application. Notwithstanding the foregoing, the Client may submit a written request to the Operator to delete specific Client Content, and the Operator shall make reasonable efforts to comply with such request, subject to technical, legal, or operational limitations and provided that such deletion does not impair the integrity or functionality of the Application.

The Client shall not copy, reproduce, modify, distribute, transmit, display, perform, publish, create derivative works from, sell, license, or otherwise exploit any part of the Application or its content without the prior written consent of the Operator.

The Client shall not upload, publish, or share any content that infringes or may reasonably be alleged to infringe the intellectual property rights of any third party. The Client agrees to indemnify and hold harmless the Operator against any claims, damages, or expenses arising from or related to such infringement.

The Application may display, advertise, or make available products or services offered by third parties. Such products and services are provided solely under the responsibility of the relevant third party. The Operator and the Makeup Artists make no representations, warranties, or guarantees with respect to the quality, safety, suitability, legality, or availability of any third-party products or services, and shall not be liable for any claims or damages arising from her/his use or purchase.

The Application may contain links to external websites, platforms, or services that are not operated or controlled by the Operator. Such links are provided for convenience only. The Operator does not endorse and shall not be responsible or liable for the content, policies, or practices of any third-party websites or services. Access to and use of such external links is at the Client’s sole risk.

The Operator’s internal records, including booking logs, payment records, and the Application’s server time, shall constitute conclusive evidence of all transactions, bookings, cancellations, and refunds made through the Application.

Clients shall not, directly or indirectly: (i) attempt to gain unauthorized access to the Application, its servers, or related systems; (ii) impersonate another person or entity, or misrepresent her/his identity; (iii) probe, scan, or test the vulnerability of the Application or attempt to breach security or authentication measures; (iv) disrupt, interfere with, or attempt to disrupt or interfere with the functionality or availability of the Application, including by introducing viruses, malware, or other harmful code; and (v) use automated means, including bots, scrapers, or crawlers, to access or extract data from the Application without prior written consent of the Operator.

Any violation of this Part shall be deemed a material breach of these Terms and shall entitle the Operator, without limitation, to: (i) immediately suspend or permanently terminate the Client’s account, (ii) deny any refund or credit, and (iii) pursue any remedies available under law, including damages and injunctive relief.

The Operator may modify or update these Terms at its sole discretion from time to time. Any updated version shall be posted within the Application, and continued use of the Application after such posting shall constitute acceptance of the updated Terms by the Client.

The Client may not assign, transfer, or delegate any of her/his rights or obligations under these Terms without the prior written consent of the Operator. The Operator may assign or transfer its rights and obligations under these Terms without restriction.

If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Failure by the Operator to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement between the Client and the Operator with respect to the use of the Application and supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles. The courts of Tel Aviv-Jaffa shall have exclusive jurisdiction over any dispute arising from or related to these Terms.