Match My Makeup App - Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Match My Makeup mobile application, website and associated services ("MMM App" or "App").

The MMM App is operated by Ivivaco Pty Ltd trading as Match My Makeup (ABN 38 638 638 874) ("Match My Makeup", "MMM", "we", "us" or "our").

By creating an account, accessing or using the App, you agree to these Terms, including our Community Guidelines, and acknowledge that you have read our Privacy Policy.

If you do not agree to these Terms, you must not create an account or use the App.

If you live in the United States, clause 32.2 contains an agreement to resolve disputes through binding individual arbitration and a waiver of class actions and jury trials. Please read it carefully.

1. The Match My Makeup App

Match My Makeup is a beauty discovery, inspiration and product recommendation platform.

Depending on the functionality available to you, the App may allow you to:

• create a personal beauty profile;
• receive personalised beauty, colour, shade and product recommendations;
• discover makeup looks and beauty inspiration;
• create and organise Lookbooks;
• upload and share your own makeup looks and other content;
• save or link to beauty content available on third-party platforms;
• view content shared by other users through the Discovery feed;
• identify or discover products associated with makeup looks;
• use virtual try-on and other beauty technology features;
• follow links to third-party retailers, brands and other platforms; and
• purchase products through third-party websites, including through affiliate links.

Features may change, be added or removed from time to time.

The App is currently free to use. If we introduce paid features or subscriptions in future, we will tell you the price and any additional terms before you make a purchase.

2. Eligibility and Age

You must be at least 16 years old to create an account and use the MMM App.

By creating an account, you represent that you meet the minimum age in this clause 2 and that you are legally capable of agreeing to these Terms.

When you create an account, we ask you to confirm that you are at least 16. We may introduce additional age assurance measures, including where required by the Online Safety Act 2021 (Cth) in Australia or the Online Safety Act 2023 in the United Kingdom.

We may restrict or terminate an account if we reasonably believe that a user does not satisfy applicable age requirements.

3. Your Account

You may be required to create an account and beauty profile to access certain features.

You agree to:

• provide accurate and current information;
• keep your account information reasonably up to date;
• maintain the confidentiality of your login credentials;
• not allow another person to impersonate you through your account; and
• notify us if you believe your account has been accessed without authorisation.

You are responsible for activity undertaken through your account except to the extent caused by our failure to take reasonable security measures.

4. Your Beauty Profile

The App allows you to create a personalised beauty profile to help Match My Makeup provide beauty, colour, shade, product and content recommendations.

Depending on the features you choose to use, your Beauty Profile may include:

• skin depth or skin tone;
• skin undertone;
• skin age;
• eye colour;
• hair colour;
• skin concerns, such as fine lines, wrinkles, acne, blemishes, redness, pigmentation or other visible skin characteristics;
• makeup and beauty preferences;
• products you currently use;
• product and shade matches;
• saved looks and Lookbooks; and
• other information you choose to provide to personalise your experience.

Certain information may be provided directly by you or, where you choose to use an available face scan or analysis feature, may be generated or inferred from analysis of your image.

The way we collect, use and protect information associated with your Beauty Profile is explained in our Privacy Policy.

Beauty Profile information and skin analysis are provided for cosmetic and beauty purposes only and are not intended to diagnose, treat, prevent or monitor any medical or dermatological condition.

5. Product and Shade Recommendations

Match My Makeup is an independent beauty platform. References to third-party brands and products are for product identification and recommendation purposes only. Unless expressly stated, Match My Makeup is not affiliated with, endorsed by, sponsored by or authorised by the brands referenced in the App. All third-party trade marks and brand names remain the property of their respective owners.

Match My Makeup uses proprietary technology, colour analysis, product information and other methodologies to provide personalised product and shade recommendations.

Recommendations are intended to assist with product discovery and should not be interpreted as a guarantee that a particular product, colour, shade, finish or formulation will suit you.

For a look, the App may show:

• a list of beauty products that MMM’s technology has detected in the look. This list is generated automatically, may be incomplete or inaccurate, and is not confirmed by the person who created the look; and
• under “My Matches”, products from MMM’s database that match the detected products and your Beauty Profile. These are MMM’s suggestions. They are not necessarily the products used by the person who created the look, and that person has not necessarily endorsed them.

Results may be affected by factors including product formulation, lighting, screen settings, product availability and information supplied by you or third parties.

You remain responsible for deciding whether a product is suitable for you.

Where relevant, you should review product ingredients and follow the manufacturer's instructions before using a cosmetic or skincare product.

Nothing in these Terms excludes any rights or remedies that cannot lawfully be excluded under applicable consumer protection laws.

6. User Content

The App may allow you to upload, create, publish, save or share photographs, videos, text, makeup looks, comments, product information or other material ("User Content").

You retain ownership of User Content that you own.

By uploading or publishing User Content to the MMM App, you grant MMM a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format, adapt (for technical and display purposes only) and communicate that User Content, and to permit our service providers to do so on our behalf, to the extent reasonably necessary to operate, provide, secure and improve the App and the features you have chosen to use.

If you make User Content publicly available through the Discovery feed or another public feature, you authorise MMM to display that User Content to other users of the App.

If you make User Content public, you also allow other users to view it and save it to their Lookbooks within the App, and you allow MMM to show it in Discovery, on your public profile and in search and recommendation results within the App.

Marketing use. If you make User Content public, you also grant MMM a non-exclusive, worldwide, royalty-free licence to reproduce, display, adapt (including by cropping, resizing and adding MMM branding or captions) and communicate that User Content, together with your handle, in MMM’s marketing and promotional materials, including on MMM’s website, social media accounts, emails and advertising. Where practicable, we will credit you by your handle. If another identifiable person appears in that User Content, you confirm that they have agreed to this use.

You can ask us to stop using your User Content in marketing at any time by contacting appsupport@matchmymakeup.com. We will stop using it in new marketing and remove it from channels we control within a reasonable period, but we are not required to recall material that has already been distributed.

The licences in this clause end when you delete the relevant User Content or your account, subject to clause 22 and except for marketing material already distributed before then.

This licence does not transfer ownership of your User Content to MMM.

7. Your Responsibilities for User Content

You must only upload or publish content where you have the right to do so.

You represent that:

• you own the User Content or have the necessary rights and permissions to use and share it;
• your User Content does not infringe another person's copyright, trade mark, privacy, confidentiality, publicity or other rights;
• where another identifiable person appears in content you upload, you have any permission reasonably required to upload and share that content;
• your User Content has not been generated, or materially altered, using artificial intelligence or similar technology, except as permitted by our Community Guidelines;
• your User Content is not unlawful, fraudulent, defamatory, threatening or misleading; and
• your User Content complies with these Terms and our Community Guidelines.

You must not upload intimate images of another person without their consent or any content involving the sexual exploitation or abuse of children.

8. Third-Party Social Media Content

The App may allow users to save or share links to publicly available content hosted on third-party platforms, including Instagram, TikTok, Pinterest and YouTube ("Third-Party Content").

Third-Party Content remains hosted by and subject to the terms of the originating platform.

To show Third-Party Content in the App, MMM stores a thumbnail image of the content, together with the information described below, and links to the original content on the originating platform.

To identify the beauty products in a look, MMM’s technology, including third-party AI service providers, analyses the images, video and audio of the Third-Party Content. This analysis is used only to identify beauty products. MMM does not keep a copy of the video or audio after the analysis is complete.

MMM does not claim ownership of Third-Party Content merely because a link or thumbnail appears within the App.

Where Third-Party Content is displayed or referenced, we may display information identifying its source, such as:

• the originating platform;
• the original creator's publicly available handle;
• a thumbnail image; and
• a link to the original content.

Users must not submit links to content that they know:

• is private or has been obtained by circumventing access restrictions;
• has been unlawfully published;
• infringes another person's rights; or
• is otherwise unlawful.

MMM may remove a link, preview or associated content at any time, including following a request from the creator, rights holder or originating platform.

The presence of Third-Party Content within MMM does not mean that the creator sponsors, endorses, is affiliated with or has approved Match My Makeup.

Products shown with Third-Party Content are detected or suggested by MMM as described in clause 5, and may include affiliate links through which MMM earns a commission (see clause 16).

If Third-Party Content is removed from MMM, including at the request of its creator, users who saved it to a Lookbook will see a notice that it has been removed by its creator.

9. Lookbooks

You may use the App to create and organise collections of makeup looks and beauty inspiration ("Lookbooks").

Lookbooks are private by default. You can choose to make a Lookbook, or individual looks within it, publicly visible.

You are responsible for selecting the appropriate visibility settings for your Lookbooks.

Photos you upload from your device are private unless you choose to make them public. Private photos are not shown to other users or in Discovery. Photos you upload from your device are not analysed by AI; instead, you can add the products you used yourself.

Content saved from third-party platforms remains subject to the rights of the original creator and the terms of the originating platform.

10. Discovery Feed

The Discovery feed allows users to discover makeup looks and beauty content.

Content appearing in Discovery may include:

• content uploaded by MMM users;
• content provided by participating creators or brands;
• links to, and thumbnails of, publicly available third-party content; and
• other beauty content made available through the App.

MMM may determine how content is organised, ranked, recommended or displayed.

Recommendations may be personalised based on information associated with your profile and your use of the App.

Appearance in Discovery does not constitute MMM's endorsement of a user, creator, product or claim.

11. Community Standards

You must use the MMM App respectfully and lawfully.

You must not use the App to upload, publish, link to or distribute content that:

• is unlawful;
• infringes intellectual property rights;
• is defamatory or seriously abusive;
• constitutes harassment, bullying or threats;
• promotes hatred or unlawful discrimination;
• contains sexual exploitation or abuse material;
• promotes or facilitates self-harm or other unlawful harmful conduct;
• contains malicious software;
• is fraudulent, deceptive or materially misleading;
• impersonates another person;
• violates another person's privacy; or
• otherwise breaches our Community Guidelines.

We may moderate, restrict, remove or disable access to content where we reasonably believe it breaches these Terms, our Community Guidelines or applicable law.

12. Reporting Content

If you believe content appearing within the App:

• infringes your copyright or other intellectual property;
• uses your image without appropriate authority;
• violates your privacy;
• is illegal;
• breaches these Terms; or
• otherwise should not appear within the App,

you may report it using the reporting functionality provided within the App or contact us at appsupport@matchmymakeup.com.

If you are the creator or rights holder of Third-Party Content referenced by MMM, you may request removal of the link or associated preview.

We may request information reasonably necessary to assess a report.

Copyright complaints, including under the US Digital Millennium Copyright Act. If you believe content on the App infringes your copyright, you may send a written notice to our designated copyright agent at Victoria Ha, address: Suite 1501a, Tower 1, 520 Oxford Street, Bondi Junction, NSW, 2022, Australia email: appsupport@matchmymakeup.com. Your notice should include:

• your physical or electronic signature;
• identification of the copyright work you claim has been infringed;
• identification of the material you claim is infringing and where it appears in the App, such as a link;
• your name, address, telephone number and email address;
• a statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent or the law; and
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the owner’s behalf.

If your content is removed following a copyright notice and you believe it was removed by mistake or misidentification, you may send a counter-notice to our designated agent containing the information required by 17 U.S.C. § 512(g)(3). In appropriate circumstances, we will terminate the accounts of users who repeatedly infringe copyright.

13. Content Moderation

MMM reserves the right to review, moderate, restrict, remove or disable access to content where reasonably necessary to:

• enforce these Terms or our Community Guidelines;
• comply with applicable law;
• protect users or third parties;
• respond to intellectual property or privacy complaints;
• protect the security or integrity of the App; or
• address content we reasonably consider inappropriate for the MMM community.

We may use automated tools, including AI-based tools, to help identify content that may breach these Terms or our Community Guidelines, including AI-generated or AI-altered looks. Decisions to suspend or terminate an account are reviewed by a person.

Where required by applicable law, we will provide users with applicable information regarding moderation decisions and available review or complaint mechanisms.

You can ask us to review a moderation decision as described in our Community Guidelines.

14. Products and Product Information

The MMM App may display information concerning cosmetic and beauty products, including:

• product names;
• brands;
• shades;
• colours;
• product images;
• pricing;
• availability;
• ingredients;
• retailer information; and
• recommendations.

Some information is supplied by brands, retailers or other third parties.

While we take reasonable steps to provide useful and accurate information, product information may change and should be confirmed with the relevant brand or retailer before purchase.

15. Shopping and Third-Party Retailers

MMM does not necessarily sell the products displayed within the App.

When you select a product or shopping link, you may be redirected to a third-party retailer, brand or marketplace.

Any purchase you make is generally a transaction between you and that third party.

Their terms, privacy policy, shipping policy, returns policy and other conditions apply to that transaction.

MMM is not responsible for the fulfilment, delivery, return, refund, quality or availability of products purchased from third parties, except to the extent responsibility cannot lawfully be excluded.

16. Affiliate Links and Commercial Relationships

Some links within the MMM App are affiliate links.

This means MMM may receive a commission or other commercial benefit if you click a link or purchase a product through the App.

Links in the “Where to Buy” section may be affiliate links provided through affiliate networks and programmes, including Skimlinks, Rakuten Advertising, Impact, Awin and Amazon Associates. Some links are not affiliate links and simply take you to a brand’s or retailer’s website. As an Amazon Associate, MMM earns from qualifying purchases.

Whether MMM, a creator or no one receives a commission on a purchase is decided by the retailer’s and affiliate network’s own attribution rules, not by MMM. For example, if you click an MMM link and then use a creator’s discount code at checkout, the retailer’s rules decide who is credited.

You will not ordinarily pay more solely because MMM receives an affiliate commission.

Where required, sponsored, promoted or commercially influenced content will be identified appropriately.

The existence of an affiliate relationship does not change the methodology used by MMM to provide personalised shade or product matching unless clearly disclosed.

Creator Codes. If the App allows you to display an affiliate code, discount code or referral link on your public profile ("Creator Code"):

• you must only display Creator Codes that belong to you and that you are permitted to share;
• you are solely responsible for your relationship with the relevant brand, retailer or affiliate programme, including complying with its terms and any tax or reporting obligations;
• you must make any disclosure required by law, including under the Australian Consumer Law, UK consumer protection law and advertising codes, and the US Federal Trade Commission’s Endorsement Guides; and
• MMM is not a party to your arrangement, does not guarantee that your Creator Code will be credited for any purchase, and is not responsible for any commission or other payment owed to you.

When a user follows your Creator Code or link, any commission is paid to you under your own arrangement, not to MMM. MMM earns commission only through its own links in the “Where to Buy” section.

We may remove a Creator Code that we reasonably believe is misleading, inactive, not yours or in breach of these Terms or our Community Guidelines.

17. Virtual Try-On and Facial Analysis

The App may offer Virtual Try-On and other camera-based features that use facial detection and image analysis to position cosmetic products or analyse visible characteristics.

Virtual try-on is a digital representation only.

The appearance of a product in real life may differ due to lighting, screen calibration, camera characteristics, application technique, skin characteristics, product formulation and other factors.

Virtual try-on should therefore be used as an additional product discovery and confidence tool rather than a guarantee of appearance.

Further information about how images and facial information are processed, including whether information is processed locally on your device or browser, transmitted to our systems, retained or deleted, is provided in our Privacy Policy and, where applicable, at the time you activate the relevant feature.

Where applicable law requires your consent before particular facial or biometric information is collected or processed, we will request that consent separately before activating the relevant feature.

18. Privacy

Your privacy is important to us.

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.

By using the App, you acknowledge that you have been provided access to the Privacy Policy.

Where consent is legally required for particular processing, we will seek that consent separately where appropriate.

19. Intellectual Property

Except for User Content and Third-Party Content, all intellectual property associated with the MMM App belongs to or is licensed to Match My Makeup.

This includes, where applicable:

• the Match My Makeup name and branding;
• software;
• source code and object code;
• interface designs;
• databases and taxonomies;
• colour matching methodologies;
• algorithms;
• recommendation systems;
• product matching outputs;
• graphics;
• text; and
• other proprietary technology.

Nothing in these Terms transfers ownership of MMM's intellectual property to you.

You must not copy, reverse engineer, reproduce, scrape, extract, commercially exploit or create derivative works from MMM's proprietary technology or content except where permitted by law or expressly authorised by us.

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download, install and use the App on devices you own or control for the purposes permitted by these Terms.

If you give us feedback or suggestions about the App, we may use them without restriction or obligation to you.

20. Prohibited Conduct

You must not:

• access another user's account without permission;
• create false or misleading accounts;
• impersonate another person or organisation;
• scrape, crawl or systematically extract information from the App without permission;
• attempt to circumvent security or access controls;
• interfere with the operation of the App;
• upload malware or malicious code;
• use automated systems to manipulate engagement;
• use the App for unlawful commercial solicitation or spam;
• use MMM's recommendations, databases or proprietary information to create or train a competing product or service; or
• upload or share AI-generated or AI-altered looks contrary to our Community Guidelines;
• use the App in any manner prohibited by applicable law.

21. Suspension and Termination

You may stop using the App and delete your account at any time, subject to functionality made available within the App.

We may suspend, restrict or terminate your account where we reasonably believe that:

• you have materially or repeatedly breached these Terms;
• your account is being used unlawfully;
• your use creates a material risk to another person or to MMM;
• suspension is reasonably necessary to protect the security of the App; or
• we are required to do so by law.

Where reasonably practicable and required by applicable law, we will provide notice or information regarding the reason for the action.

You can ask us to review a decision to suspend, restrict or terminate your account by contacting appsupport@matchmymakeup.com.

22. What Happens to Your Content When You Leave

If you delete your account, we will deal with your personal information in accordance with our Privacy Policy.

Content you have made public may not disappear immediately from all systems, including where:

• another user has interacted with or referenced the content;
• copies remain temporarily in backups;
• retention is required by law; or
• the content has been shared outside MMM.

We will cease using deleted User Content within the App within a reasonable period, subject to applicable legal and technical requirements.

Third-party links contained within Lookbooks or Discovery may remain associated with other users independently of your account.

When you delete public User Content or your account, that User Content will be removed from Discovery and from other users’ Lookbooks within a reasonable period, and users who saved it will see a notice that it has been removed by its creator.

23. Availability and Changes to the App

We aim to provide a reliable service but do not guarantee that the App will always be available, uninterrupted or error-free.

We may modify, update, suspend or discontinue features where reasonably necessary for technical, security, legal, commercial or product reasons.

Where a material change significantly affects your rights, we will provide reasonable notice where required by law.

24. Third-Party Services

The App may contain links to or integrate with services operated by third parties, including social media platforms, retailers, payment providers, analytics providers and technology providers.

Those services are governed by their own terms and privacy policies.

MMM does not control third-party services and is not responsible for their acts or omissions except to the extent required by law.

25. Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights you may have under the Australian Consumer Law.

Where applicable law provides you with mandatory consumer rights, those rights prevail over any inconsistent provision of these Terms.

26. Limitation of Liability

To the maximum extent permitted by law, MMM is not liable for loss arising solely from:

• your reliance on beauty recommendations as guarantees of product suitability;
• third-party content;
• products or services supplied by third-party retailers;
• the acts or omissions of other users;
• interruption caused by third-party platforms or services; or
• your use of the App contrary to these Terms.

To the maximum extent permitted by law and subject to clause 25, MMM is not liable for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill, and our total liability to you arising out of or in connection with these Terms or the App is limited to AUD 100. Additional terms apply to users in the United Kingdom and United States under clause 32.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

27. Indemnity

To the extent permitted by applicable law, you are responsible for loss reasonably incurred by MMM arising from:

• User Content you upload in breach of these Terms;
• your infringement of another person's intellectual property or other rights;
• your unlawful use of the App; or
• your material breach of these Terms,

except to the extent the loss was caused or contributed to by MMM.

28. Changes to These Terms

We may update these Terms from time to time.

If we make a material change, we will provide reasonable notice through the App or another appropriate means.

Where required by law, we will seek your agreement to materially revised Terms before they apply to you.

Your continued use of the App after changes take effect constitutes acceptance where permitted by applicable law.

29. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights you have under applicable consumer laws in your country of residence, the courts of New South Wales have jurisdiction in relation to disputes arising from these Terms.

Nothing in this clause deprives a consumer of mandatory rights or protections available under applicable law.

Clause 32 contains additional terms for users in the United Kingdom and the United States and prevails over this clause to the extent of any inconsistency.

30. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

Our failure to enforce a provision does not constitute a waiver of that provision.

These Terms (including our Community Guidelines and any additional terms expressly applicable to particular features) constitute the entire agreement between you and MMM concerning your use of the App. Our Privacy Policy explains how we handle your personal information. If there is an inconsistency between these Terms and our Community Guidelines, these Terms prevail.

31. App Store Terms

If you download the App from the Apple App Store or Google Play (each an "App Store"), you acknowledge that:

• these Terms are between you and MMM only, and not with the App Store provider;
• MMM, not the App Store provider, is solely responsible for the App and its content;
• your licence to use the App is limited to use on a device that you own or control and as permitted by the usage rules of the relevant App Store;
• the App Store provider has no obligation to provide maintenance or support for the App;
• to the maximum extent permitted by law, the App Store provider has no warranty obligation in relation to the App. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App;
• MMM, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws;
• MMM, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the App or your use of it infringes that third party’s intellectual property rights;
• you represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept these Terms, Apple will have the right to enforce them against you as a third-party beneficiary.

32. Additional Terms for Users in the United Kingdom and United States

32.1 United Kingdom. If you are a consumer living in the United Kingdom:

• nothing in these Terms affects your statutory rights, including under the Consumer Rights Act 2015;
• nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under the laws of the United Kingdom;
• we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen or if, when you accepted these Terms, both we and you knew it might happen. The limitations in clause 26 apply only to the extent permitted by UK law;
• although these Terms are governed by the laws of New South Wales, you may bring proceedings in the courts of the part of the United Kingdom in which you live, and you keep the protection of the mandatory consumer laws of that part of the United Kingdom; and
• you can complain about content on the App, or about our moderation decisions, including under the Online Safety Act 2023, using the processes described in clauses 12 and 13 and in our Community Guidelines.

32.2 United States. If you live in the United States, this clause 32.2 applies to you.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL CONTENT, RECOMMENDATIONS AND MATCHES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND MMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MMM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND MMM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED USD 100. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Informal resolution. Before starting arbitration or a small claims action, you and MMM each agree to first try to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute and the relief sought (to MMM at appsupport@matchmymakeup.com), and both parties will try in good faith to resolve it within 60 days of the notice.

Agreement to arbitrate. If a dispute is not resolved informally, you and MMM agree that any dispute, claim or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this clause. The arbitration may be conducted by video conference or, if in person, in the county where you live. MMM will pay the AAA filing, administration and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules.

Exceptions. Either party may bring an individual claim in a small claims court with jurisdiction, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights.

Class action and jury trial waiver. YOU AND MMM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND YOU AND MMM EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may award relief only to the individual party seeking it.

Mass arbitration. If 25 or more similar demands for arbitration are filed against MMM by or with the assistance of the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules will apply, and the demands may be administered and decided in batches.

Right to opt out. You may opt out of this agreement to arbitrate by emailing appsupport@matchmymakeup.com within 30 days after you first accept these Terms, stating your name, the email address associated with your account and that you wish to opt out of arbitration. If you opt out, disputes will be resolved under clause 29.

Severability and changes. If the class action waiver is found unenforceable for any claim, that claim must proceed in court and not in arbitration, and the remainder of this clause will continue to apply. If we change this clause 32.2, the change will not apply to a dispute of which we had notice before the change took effect.

California residents. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Information about your privacy rights under US state laws is set out in our Privacy Policy.

33. Contact Us

If you have questions about these Terms, your account, content moderation or the MMM App, please contact:

Ivivaco Pty Ltd trading as Match My Makeup

Email: appsupport@matchmymakeup.com

Address: 1501a, Tower 1, 520 Oxford Street, Bondi Junction, NSW 2022, Australia.