Terms of Service

This Terms of Service Agreement (“Terms”) governs your use of SENSHAVE (“SENSHAVE,” “we,” “our,” or “us”) websites, branded pages on third-party platforms (i.e., social networking services), mobile applications, and services provided through our direct marketing campaigns or other online communications, as well as offline through our customer support services, events, physical retail locations, and mobile messaging services (collectively, the “SENSHAVE Services”), and your purchase of products, whether subscription-based or on-demand, sold through the SENSHAVE Services.

By using the SENSHAVE Services, you agree, without limitation or qualification, to be bound by these Terms and the SENSHAVE Privacy Policy. If you do not agree, please do not use the SENSHAVE Services.

SENSHAVE may revise these Terms at any time. Your continued use of the SENSHAVE Services constitutes acceptance of any such changes, and you agree to comply with all applicable laws and regulations. The materials provided through the SENSHAVE Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the SENSHAVE Services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH SENSHAVE ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.

You must be 18 years of age or older to visit or use the SENSHAVE Services in any manner. By visiting and/or using the SENSHAVE Services or accepting these Terms, you represent and warrant to SENSHAVE that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You further represent and warrant to SENSHAVE that you will use the SENSHAVE Services in a manner consistent with all applicable laws and regulations.

2.1 Use Restrictions

The content on the SENSHAVE Services, including but not limited to information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from SENSHAVE’s licensors, and any other materials displayed through the SENSHAVE Services (collectively, the “Contents”), is protected by copyright under both United States and foreign laws. Title to the Contents remains with SENSHAVE or its licensors. Any use of the Contents not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other applicable laws. Except as expressly provided herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of SENSHAVE or its licensors.

SENSHAVE authorizes you to view, download, and print a single copy of the Contents solely for your own lawful, personal, non-commercial use, provided that you include the following copyright notice:

“Copyright © 2026, SENSHAVE. All rights reserved.”

and retain all other copyright and proprietary notices contained in the Contents. Any special rules for the use of other items provided on the SENSHAVE Services may be included elsewhere within the SENSHAVE Services and are incorporated into these Terms by reference. Use of the Contents on any other website or in a networked computer environment for any purpose is strictly prohibited. All rights not expressly granted herein are reserved to SENSHAVE and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates, and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms, SENSHAVE grants you a limited, non-exclusive, non-transferable license to use the SENSHAVE Services. You may not distribute or make the SENSHAVE Services available over a network where it could be used by multiple devices simultaneously. You may not rent, lease, lend, sell, redistribute, or sublicense the SENSHAVE Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SENSHAVE Services, any updates thereto, or any part thereof. Any attempt to do so constitutes a violation of these Terms and may subject you to prosecution and damages. These Terms will govern any upgrades provided by SENSHAVE that replace and/or supplement the original SENSHAVE Services, unless such upgrades are accompanied by separate or revised terms of service.

You may not, without SENSHAVE’s prior written consent, “mirror” any Contents contained within the SENSHAVE Services on any other server. You represent and warrant that you will not, and will not encourage or induce any third party to, use the SENSHAVE Services in any manner that:

(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any person, including rights of publicity or other proprietary rights;

(b) is unlawful, fraudulent, or deceptive;

(c) uses technology or other means to access unauthorized content or non-public areas;

(d) uses any deep-link, page-scrape, robot, spider, or other automated or manual means to access, acquire, copy, or monitor any portion of the SENSHAVE Services or Contents;

(e) introduces viruses or other malicious code intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment;

(f) attempts to disable, bypass, or circumvent security mechanisms or otherwise gain unauthorized access to any portion of the SENSHAVE Services, Contents, or related systems or networks, including those of SENSHAVE or its third-party service providers;

(g) attempts to gain unauthorized access to SENSHAVE user accounts;

(h) encourages conduct that would constitute a criminal offense or give rise to civil liability;

(i) is for or in connection with any illegal purpose, or solicits, facilitates, encourages, condones, or induces any illegal activity;

(j) otherwise violates these Terms in any manner; or

(k) fails to comply with applicable third-party terms, conditions, or policies.

SENSHAVE reserves the right, in its sole discretion, to refuse, suspend, restrict, discontinue, block, or terminate your access to and use of the SENSHAVE Services, or any portion thereof, at any time, for any reason or for no reason, with or without notice

2.2 User Submissions

The personal information you submit to SENSHAVE is governed by the SENSHAVE Privacy Policy. To the extent there is any inconsistency between these Terms and the SENSHAVE Privacy Policy, the SENSHAVE Privacy Policy shall govern.

Except as provided under Submission of Ideas (Section 2.3 below), SENSHAVE does not claim ownership of any information or material that a user provides to SENSHAVE or posts, uploads, inputs, submits, or transmits to the SENSHAVE Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of any local, state, national, or international law; or that infringes upon or violates any right of any party.

Additionally, you agree that you will not:

(a) make any Submission that constitutes advertising or solicitation of business;

(b) disrupt the normal flow of dialogue or submit content unrelated to the topic being discussed (unless the discussion is clearly free-form);

(c) post chain letters or pyramid schemes;

(d) impersonate any person or entity;

(e) distribute viruses or other harmful computer code;

(f) harvest or otherwise collect information about others, including email addresses, without their consent;

(g) post the same content repeatedly or engage in “spamming”; or

(h) engage in any conduct that restricts or inhibits any other person from using or enjoying the SENSHAVE Services, or that, in SENSHAVE’s sole judgment, exposes SENSHAVE or any of its licensors, partners, or customers to any liability or detriment of any kind.

By making a Submission, you agree that such Submission is non-confidential and non-proprietary, and may be disseminated or used by SENSHAVE. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—SENSHAVE a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Submission in any media or medium, or in any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, SENSHAVE is under no obligation to use any Submission.

You are solely responsible for your Submissions, the consequences of making such Submissions, and your reliance on any Submissions. SENSHAVE is not responsible for the consequences of any Submission and does not assume responsibility for screening or monitoring Submissions made by users to the SENSHAVE Services. If notified by a user of a Submission allegedly in violation of these Terms, SENSHAVE may investigate the allegation and determine, in good faith and in its sole discretion, whether to remove such Submission. SENSHAVE shall have no liability or responsibility to users for the performance or nonperformance of such activities.

SENSHAVE reserves the right, but does not have the obligation, to:

(a) where permitted by law, record communications or dialogue on the SENSHAVE Services;

(b) investigate allegations that a Submission does not comply with these Terms and determine, in its sole discretion, whether to remove or request removal of such Submission;

(c) remove Submissions that are abusive, illegal, disruptive, outdated, or otherwise fail to comply with these Terms;

(d) terminate a user’s access to any or all portions of the SENSHAVE Services for any breach of these Terms or applicable law;

(e) monitor, edit, or disclose any Submission; or

(f) edit or delete any Submission posted on the SENSHAVE Services, regardless of whether such Submission violates these Terms.

2.3 Submission of Ideas

It is SENSHAVE’s policy not to accept, review, or consider any unsolicited ideas, original creative artwork, suggestions, or other works of any kind, including, without limitation, ideas for new advertising campaigns, promotions, products or technologies, product enhancements, processes, materials, marketing plans, artwork, or product names (collectively, “Idea(s)”). Please do not submit any Ideas to SENSHAVE in any form. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that SENSHAVE’s products, services, or marketing strategies may appear similar to ideas submitted to SENSHAVE.

Notwithstanding this policy, any Idea that is submitted, offered, or otherwise communicated to SENSHAVE through the SENSHAVE Services or by any other means shall be deemed the property of SENSHAVE and may be treated as non-confidential information. You agree that:

(a) any Idea (including its complete contents) submitted by you to SENSHAVE shall automatically become the sole property of SENSHAVE, without any compensation to you;

(b) SENSHAVE may use, reproduce, modify, disclose, or redistribute any such Idea and its contents for any purpose and in any manner, without any compensation to you;

(c) SENSHAVE has no obligation to review, acknowledge, or respond to any Idea; and

(d) SENSHAVE has no obligation to maintain the confidentiality of any Idea, and no confidential, fiduciary, or other relationship shall be established or implied by the submission or consideration of any Idea.

2.4 Your Account

If you use the SENSHAVE Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password, whether authorized or unauthorized. SENSHAVE reserves the right, in its sole discretion, to refuse service, terminate accounts or subscriptions, remove or edit content, or cancel orders or shipments at any time.

You also agree to the following features and functionalities designed to enhance your user experience:

(i) Automatic Login:

When you click on a link contained in an email sent by SENSHAVE, you may be automatically logged into your account without being required to manually enter your login credentials.

3.1 Introduction

SENSHAVE sells shaving razors, grooming tools, and other personal care products (the “Products”) to end-user customers (“Members”), including customers who purchase recurring membership plans (“Subscriptions”) and/or customers who make one-time or scheduled on-demand purchases from the options made available by SENSHAVE (collectively, all such purchases are referred to herein as “Membership(s)”).

Products are provided solely for Members’ personal, non-commercial use. You may not purchase Products or Subscriptions for resale, redistribution, or for any commercial or business purpose of any kind. Memberships, and all rights and privileges associated therewith, are personal to the Member and are non-transferable.

3.2. Placing an Order

To make a one-time purchase of Product(s) or to purchase a Subscription, Members may check out as a guest or create an account with SENSHAVE. If you create an account with us, or later claim your account after checking out as a guest, you will be required to provide certain personal information in order to register an account and/or complete your order. Please refer to our Privacy Policy for information regarding how we collect, use, and process your personal information.

You submit your order by clicking the “Pay Now” button (please note that your order may include a recurring Subscription, as described in these Terms). You should carefully review your order and all information related to your order before submitting it. After you submit your order, we will send you an email acknowledging receipt and summarizing your order. This acknowledgment does not constitute acceptance of your order.

We will notify you if your order is not accepted. This may occur for several reasons, including but not limited to:

(a) the Products you ordered are unavailable;

(b) we are unable to authorize your payment;

(c) you are not eligible to purchase Products from us or we are legally prohibited from selling Products to you; or

(d) an error has been identified in the pricing or description of the Products.

Acceptance of your order by SENSHAVE occurs only when we have received your payment and shipped the Products to you.

If any issues arise with your order, shipping address, or payment method (as defined below), and SENSHAVE is unable to resolve the issue, we may notify you by email using the email address associated with your account. It is your responsibility to ensure that your contact information, including your email address, is accurate and kept up to date. If an issue with your order cannot be resolved, your order may be canceled, and we may be unable to fulfill future orders until the issue has been resolved.

3.3 Products and Product Pricing

The prices charged for Products and Subscriptions by SENSHAVE may vary depending on the number of Products selected for each shipment and any applicable discounts, promotions, or offers. Current pricing for Products and Subscriptions, including any applicable shipping and handling fees, is available through the SENSHAVE Services. Members may review, modify, or customize the Products included in each shipment by logging into their account and accessing the “My Subscriptions” page or shopping cart. Any additions, removals, or changes to Products or Subscriptions may result in a change to the total price charged for the Products and shipment.

SENSHAVE reserves the right, in its sole and absolute discretion, to modify pricing for Products and Subscriptions at any time, subject to providing reasonable notice to you where required by applicable law. SENSHAVE does not offer price protection or refunds in the event of promotions, discounts, or price reductions. If you do not wish to continue receiving a Product or Subscription at an increased price, you must permanently remove the affected Product(s) from your shipment or cancel your Subscription in accordance with Section 4.3 at least one (1) business day prior to the next scheduled shipment following the effective date of the price change.

If you do not permanently remove the Product(s) or cancel your Subscription, you authorize SENSHAVE to charge the increased price for all deliveries of the Product(s) made after the price change becomes effective.

3.4 Memberships and Promotions

Your Membership may, at SENSHAVE’s sole discretion, begin with a promotional trial period that allows you to receive your first shipment at a reduced price or to receive trial Product(s) at a reduced price (a “Trial”). You may also choose to add additional Products to your shipment on a one-time or recurring basis (“Add-On Products”). During the Trial period, your payment method (as defined below) will be charged only the applicable Trial price, together with any applicable shipping fees and taxes, and the price of any Add-On Products you select. Restrictions may apply to combinations with other discounts, promotions, or offers. SENSHAVE reserves the right, in its sole discretion, to determine your eligibility for any Trial.

Following the Trial period, Members will receive full-size Products shipped on a recurring basis according to the sign-up offer, user-selected Subscription frequency, and/or the Products selected at the time of Trial enrollment (each shipment, a “Restock Box”). SENSHAVE will charge your credit card, debit card, or other accepted payment method (“Payment Method”) for the applicable Restock Box—based on the Products selected, Subscription type and frequency, and any Add-On Products included in each shipment—at the end of the Trial period, unless you cancel your Subscription prior to the end of the Trial period in accordance with Section 4.3.

To review the specific details of your Membership, including shipment frequency and next shipment date, please visit the Account page on the SENSHAVE Services. If you checked out as a guest, you must claim your account to view your Membership details, including shipment frequency and next shipment date. To view the price, contents, and shipment date of your next delivery, select “Manage.” SENSHAVE may authorize your Payment Method through one or more methods, including authorizing charges to cover your Membership at the time you register. In some cases, your available balance or credit limit may be temporarily reduced to reflect this authorization during the Trial period.

You will not receive a separate notice from SENSHAVE indicating that your promotional pricing (including any Trial pricing) has ended or that standard Subscription pricing has begun. To avoid being charged after the expiration of your Trial, you must cancel your Subscription before the Trial period ends. After the Trial concludes, SENSHAVE will continue to charge your Payment Method in accordance with your selected Subscription until you cancel.

SENSHAVE reserves the right, in its sole and absolute discretion, to withdraw, modify, or discontinue any Product, Subscription, Membership, Trial, offering, or promotion at any time, without prior notice and without liability, to the extent permitted by applicable law. All Products, Subscriptions, Memberships, offers, and promotions advertised through the SENSHAVE Services are void where prohibited and are subject to any official rules applicable to such offers or promotions.

For additional information regarding Subscriptions, please review Section 4.1.

3.5 Processing Orders

If any issues arise with your order, shipping address, or Payment Method associated with your Membership, and SENSHAVE is unable to resolve such issues, we may notify you by email using the email address associated with your Membership. It is your responsibility to ensure that your contact information, including your email address, is accurate, current, and regularly monitored. If issues arise with your order that cannot be resolved, your order may be canceled, and SENSHAVE may be unable to process future Restock Boxes until the issue has been resolved.

3.6 Refunds

If you are dissatisfied with one of our Products, SENSHAVE will refund the amount paid for that Product included in your most recent shipment received (if the Product was purchased using a discount, promotion, or offer, the refund amount will be the discounted price), provided that you notify us as described below. Refund requests must be submitted directly to us at romanticearth@romanticearth.com within thirty (30) days of the shipment date.

If requested by SENSHAVE, you must return the applicable Product(s) in accordance with the instructions provided. SENSHAVE is not responsible for Products that are damaged or lost in transit during return shipment, and we therefore recommend using a tracked delivery method when returning Products. Following SENSHAVE’s receipt of your refund request (typically within five (5) business days), or, if applicable, following receipt of the returned Product(s), SENSHAVE will issue a credit for the amount paid for the returned Product(s), less any original shipping and handling charges, which are non-refundable, to the Payment Method used for the original purchase. Notwithstanding the foregoing, SENSHAVE does not control when a particular credit card issuer or payment provider processes a refund or chargeback. You are responsible for contacting your Payment Method provider regarding the status of any refund or chargeback.

SENSHAVE will not issue refunds for requests received more than thirty (30) days after the original shipment date. We also do not issue refunds for returned Products that are damaged as a result of misuse, lack of care, mishandling, accident, abuse, or other abnormal use. Additionally, SENSHAVE reserves the right to deny refund requests that are abusive or that unfairly exploit this policy, including, without limitation, repeated refund requests for the same Product or repeated refund requests made without returning the applicable Product.

3.7 Gift Cards

Gift Cards may be used for one-time purchases or for the initial payment of a Subscription. All subsequent Subscription payments require a separate and valid Payment Method. For additional on-demand Product purchases, Gift Card information must be re-entered at checkout.

The risk of loss and title to Gift Cards pass to the purchaser upon SENSHAVE’s electronic transmission to the recipient or delivery to the carrier, as applicable. SENSHAVE reserves the right, in its sole discretion, to refuse service; suspend or terminate accounts, memberships, or any related accounts; cancel orders or shipments; or recover the value of a Gift Card by charging the amount to the Payment Method provided, if SENSHAVE reasonably suspects that a Gift Card has been redeemed or used fraudulently to make purchases through the SENSHAVE Services.

Please review our Gift Card Terms and Conditions for additional details.

4.1 Subscription; Automatic Renewal

YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR SENSHAVE SUSPENDS OR TERMINATES IT IN ACCORDANCE WITH THESE TERMS.

When you sign up for a Subscription, you will have the opportunity to select:

(a) the Products included in each Restock Box (subject to availability); and

(b) the delivery and payment frequency for your Subscription, from the options made available at the time of sign-up. Your default Restock Box shipping frequency will be set at the time you enroll and will remain in effect unless and until you change it in accordance with these Terms.

SENSHAVE will automatically renew your Subscription and charge your Payment Method based on the Subscription and/or Restock Box shipping frequency you selected, unless your Subscription is canceled by you or terminated or suspended by SENSHAVE in accordance with these Terms.

Your Payment Method will be charged at least one (1) full business day prior to the applicable shipping date. SENSHAVE will charge your Payment Method the recurring cost for your Restock Box and any Add-On Products, excluding any Products you have “snoozed” or removed in accordance with these Terms, plus any applicable shipping and handling fees and sales or similar taxes associated with your Membership. By enrolling in a Subscription and agreeing to these Terms during the Membership sign-up process, you expressly authorize SENSHAVE to charge your Payment Method for your Membership and for the automatic renewal of your Subscription.

To avoid being charged for your Subscription, you must cancel your Subscription in accordance with Section 4.3. SENSHAVE will continue to charge your Payment Method on a recurring basis, consistent with your selected Subscription and shipment frequency, until you cancel your Subscription.

4.2 Pausing and Resuming Subscription; Discontinuing Products

Your Ability to Pause Products

SENSHAVE offers Members the ability to temporarily pause one or more Products included in their Subscription (a “Pause Period”). You may do so by logging into your account, navigating to the “My Account” and “My Subscription” pages, and selecting the “Pause Subscription” option. If you checked out as a guest, you must first claim your account to pause any Product(s). Once your account is claimed, you may pause Product(s) through the same account pages.

During a Pause Period, your Membership will remain active; however, you will not receive the paused Product(s) in your next Restock Box. During the Pause Period, you will continue to receive communications from SENSHAVE via email and will continue to receive (and be charged for) delivery of any Restock Boxes, excluding the paused Product(s).

The amount charged to your Payment Method for your next Restock Box will be reduced to reflect the paused Product(s). If your purchase was subject to any discount, promotion, or offer, such pricing adjustments will be recalculated (if applicable) for your next delivery, excluding the paused Product(s).

Requests to pause a Product must be received at least one (1) full business day prior to your next scheduled shipping date in order to take effect for that delivery. Pause requests submitted through other channels (for example, by email to romanticearth@romanticearth.com) may take up to five (5) business days to process; in such cases, the pause will apply to the following delivery.

After the delivery for which a Product was paused, the Pause Period will automatically end, and the paused Product(s) will be included in subsequent Restock Boxes unless you pause them again or permanently remove them in accordance with these Terms. Questions regarding the Pause Period may be directed to romanticearth@romanticearth.com.

Our Right to Pause or Discontinue Products

From time to time, SENSHAVE may pause a Product included in your Restock Box—for example, if the Product is temporarily unavailable at the time of shipment. SENSHAVE may also permanently discontinue Products included in your Membership. If this affects you, we will notify you by email using the address associated with your Membership. Your Payment Method will not be charged for any Product that is not included in your Restock Box due to being paused or discontinued.

4.3 Membership & Subscription Cancellation or Modifications

Cancellation by Us

SENSHAVE may cancel your Membership at any time if you fail to make a payment when it is due and do not remedy such failure within sixty (60) days after we notify you that payment is overdue. SENSHAVE also reserves the right to withhold shipment of any Products unless and until payment for such Products or shipment has been successfully processed.

SENSHAVE may further cancel your Membership at any time if any of the following conditions apply:

(a) you fail, within a reasonable time after our request, to provide information necessary for us to supply the Product(s), such as a valid shipping address;

(b) you fail, within a reasonable time, to accept delivery of the Product(s); or

(c) SENSHAVE reasonably suspects, in its sole discretion, that a purchase was made fraudulently or that an account was created or used fraudulently.

Cancellation or Modification by You

You may cancel or modify your Subscription at any time by logging into your Account on the SENSHAVE Services. If you checked out as a guest, you must first claim your account in order to cancel or modify your Subscription. Once your account is claimed, you may cancel or modify your Subscription by logging into your Account at any time.

To cancel your Subscription, navigate to “My Subscriptions” and select “Cancel Membership.” To modify your Subscription, navigate to “My Subscriptions,” where you may change the number of items purchased, Subscription frequency, shipment date, or skip an order until the next Subscription cycle date, among other available options.

To avoid being charged for an upcoming shipment, you must submit your cancellation or modification request at least one (1) full business day prior to your next scheduled shipping date. Requests submitted through other channels made available by SENSHAVE, such as by email, may take up to five (5) business days to process. If your cancellation or modification request is not received in time to be processed before your next shipment, you may still be charged for that delivery.

If you have any questions or issues regarding cancellation or modification, please contact us at romanticearth@romanticearth.com.

If you cancel or modify your Subscription, you will continue to receive the benefits of your Subscription until the end of the then-current Subscription term for which you have already paid.

If you wish to cancel your Membership by deleting your account, please refer to our Privacy Policy for additional information.

4.4 SENSHAVE Referral Program

SENSHAVE may offer a referral program (the “Referral Program”) that allows Members to earn promotional credits toward future purchases of Products by referring friends, family members, or other individuals to SENSHAVE. SENSHAVE reserves the right, in its sole discretion, to modify, suspend, or terminate the Referral Program at any time and for any reason, and to disqualify any Member or prospective member from participation in the Referral Program at any time.

SENSHAVE may offer text message functionality in connection with your Membership. If you choose to receive text messages regarding shipment updates, account notifications, and special offers or announcements, you may opt in by visiting our website and providing your consent to receive autodialed text messages from or on behalf of SENSHAVE at the mobile number you provide.

You understand and agree that your consent to receive text messages is not a condition of purchase. Message and data rates may apply. To unsubscribe from receiving text messages, you may follow the instructions included in the messages, such as replying “STOP.”

If you have any questions regarding our text message program, please contact our customer service team at romanticearth@romanticearth.com.

To the fullest extent permissible under applicable law, your use of the SENSHAVE Services, including the Contents, is at your own risk. The Contents available through the SENSHAVE Services may include technical inaccuracies or typographical errors. SENSHAVE may make changes to the SENSHAVE Services or Contents at any time without notice.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CONTENTS AND THE SENSHAVE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SENSHAVE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SENSHAVE DOES NOT WARRANT THAT THE SENSHAVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SENSHAVE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSHAVE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE CONTENTS IN THE SENSHAVE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SENSHAVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SENSHAVE ASSUMES NO LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DAMAGE TO PROPERTY, LOSS OF ANTICIPATED PROFITS OR REVENUE, OR ANY OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION BY SENSHAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES, WHETHER ARISING FROM THE USE OF OR INABILITY TO USE THE SENSHAVE SERVICES, OR FROM ANY BREACH OF THESE TERMS OR THE PRIVACY POLICY.

The SENSHAVE Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as text, graphics, videos, images, music, sounds, and information belonging to or originating from third parties (collectively, “Third-Party Applications”). SENSHAVE does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications for accuracy, completeness, or appropriateness. SENSHAVE is not responsible for any Third-Party Pages or Third-Party Applications accessed through the SENSHAVE Services. You agree that SENSHAVE shall have no liability for any loss or damage of any kind arising from any dealings between you and any third party, or from the presence of such third parties on the SENSHAVE Services.

The inclusion of hyperlinks to Third-Party Pages or Third-Party Applications on the SENSHAVE Services does not constitute endorsement or approval by SENSHAVE. Such links are provided solely for convenience. Any interactions you have with third parties on or through the SENSHAVE Services are solely between you and the applicable third party. SENSHAVE makes no representations or warranties regarding the content, ownership, or legality of any linked Third-Party Pages or Third-Party Applications. If you choose to leave the SENSHAVE Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

You agree to defend, indemnify, and hold harmless SENSHAVE, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “SENSHAVE Parties”), from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and settlements, including, without limitation, reasonable attorneys’ and accounting fees, arising out of or alleged to arise out of: (a) your use of the SENSHAVE Services and/or Contents; or (b) your violation of these Terms.

SENSHAVE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully in asserting any available defenses.

You agree that SENSHAVE may, in its sole discretion and at any time, modify, discontinue, or suspend the operation of the SENSHAVE Services, any part thereof, or any Contents, whether temporarily or permanently, without notice and without liability to you.

SENSHAVE makes no representations that the Contents are appropriate or available for use outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain jurisdictions. If you access the SENSHAVE Services from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your applicable jurisdiction.

The following provisions shall survive the expiration or termination of these Terms for any reason whatsoever: Liability of SENSHAVE and its Licensors and Partners; Use Restrictions; User Submissions; Submission of Ideas; Indemnification; Governing Law; Arbitration and Class Action Waiver; and Entire Agreement.

These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with SENSHAVE and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at romanticearth@romanticearth.com or SENSHAVE, Attn: Customer Service, 406 Blackwell Street, Suite 600 Durham, NC 27701. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.

Applicable to the United States: ANY DISPUTE (DEFINED BELOW) BETWEEN YOU AND SENSHAVE, its agents, employees, successors, assigns, and direct and indirect subsidiaries WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you or SENSHAVE may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND SENSHAVE ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, including rights to receive a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.

This Arbitration Agreement Applies to any “Dispute.” For the purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claim or controversy between you and SENSHAVE that is related in any way to these Terms, including, but not limited to, your use of the website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or communications between you and SENSHAVE, whether occurring on the Site or in-store, even if the Dispute arises after the termination of your relationship with SENSHAVE. “Dispute” also includes, without limitation, claims that (a) you bring against our employees, agents, affiliates, or other representatives; (b) SENSHAVE brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and SENSHAVE, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with SENSHAVE (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, claims of piracy, or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

Pre-Arbitration Informal Dispute Resolution.

• You and SENSHAVE agree to make a good faith effort to resolve any dispute informally prior to you or SENSHAVE initiating an arbitration proceeding. You or SENSHAVE must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims and (2) the nature and basis of the relief sought (including a detailed calculation of any financial relief sought). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a SENSHAVE representative (and our attorney if we are represented by legal counsel).

• Your notice to SENSHAVE should be sent to our registered agent or to SENSHAVE, Inc., Attn: General Counsel, 406 Blackwell Street, Suite 600 Durham, NC 27701. Our notice to you will be sent to the most recent contact information that you have provided to us.

• For a period of sixty (60) days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable, good-faith efforts to try to resolve the Dispute. If the Dispute is not resolved within this sixty (60)-day period (which may be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

• Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

• If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such sufficiency may be decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief with a Process Arbitrator (as applicable) or in arbitration.

Arbitration Rules; Procedures; Fees

To begin an arbitration proceeding, you must send an arbitration demand to the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879 (for any claim), (only if the claim does not qualify as a Mass Arbitration, as defined below) with a copy to our registered agent or to SENSHAVE, Inc. To begin an arbitration proceeding, we must send an arbitration demand to the AAA with a copy to you at the most current address we have on file.

The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process. The arbitration demand and certification must be personally signed by you (and your attorney, if you are represented by legal counsel) if you are initiating arbitration or by a SENSHAVE representative (and our attorney, if we are represented by legal counsel) if we are initiating arbitration. By signing, the attorney represents that, to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. Federal Rule of Civil Procedure 11 shall apply and the arbitrator shall be authorized to impose any sanctions available under such Rule on the parties and their counsel.

The Arbitration Agreement shall be subject to the U.S. Federal Arbitration Act and federal arbitration law and will be conducted by and in accordance with the rules of the AAA, and any supplementary rules, as modified by this Arbitration Agreement. You can contact AAA to find out more information on how to commence an arbitration proceeding. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall make a good faith effort to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules, or as otherwise may be required by law. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award.

Except as specifically provided herein, you may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where you live or at another mutually agreed location, except any Dispute over $25,000 shall have an in-person or video hearing. You and SENSHAVE reserve the right to request a hearing in any matter from the arbitrator. If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.

The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record, and not based upon any other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.

You and SENSHAVE agree that we have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, either party may negotiate with the AAA for reduced or deferred arbitration fees, and you and SENSHAVE agree that the parties (and your and our counsel, if you and we are represented by legal counsel) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid.

The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

Additional Procedures for Mass Arbitration

You and SENSHAVE agree that these additional procedures apply if you or we seek to participate in a “Mass Arbitration” (defined below).

If your claim is part of 25 or more similar claims asserted against SENSHAVE by the same or coordinated counsel or otherwise coordinated (“Mass Arbitration”), you acknowledge and agree that these additional procedures apply, and that the resolution of your claim might be delayed. You agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule. These provisions apply equally to Mass Arbitration initiated by SENSHAVE.

Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected to proceed until the time your case is selected, withdrawn, settled, or otherwise resolved.

Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties.

Your counsel and our counsel shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of an initial staged process. Alternatively, either side may elect to have its five (5) cases selected randomly. The number of cases selected to proceed as part of this initial staged process may be increased by agreement of counsel for the parties. Each of the ten (10) cases shall be assigned to a different arbitrator and adjudicated individually. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, until they are selected to proceed to individual arbitration proceedings as part of a staged process. If, after this initial set of proceedings, the parties are unable to informally resolve the remaining claims, they shall participate in a global mediation session with a retired federal or state court judge in an effort to resolve the remaining claims, and SENSHAVE shall pay the mediator’s fee.

If the parties are unable to resolve the remaining claims after completion of the mediation, the parties will continue to engage in staged sets of proceedings as described above, unless the parties agree otherwise, with four differences:

(1) a total of at least fifty (50) cases may be filed in the second and later stages (which may be increased by agreement of counsel for the parties);

(2) the cases will be randomly selected;

(3) arbitrators who decided cases in the first stage may be appointed in later stages if different arbitrators are not available; and

(4) subsequent global mediation sessions between sets of proceedings shall be optional at the election of counsel for the claimants.

Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any given staged set of proceedings, and ensure that the process remains fair and efficient for all parties.

In each staged set of proceedings, any claims not selected to proceed in individual arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, until they are selected to proceed to individual arbitration proceedings as part of this staged process.

A court of competent jurisdiction shall have the authority to enforce this section of the Arbitration Agreement, including by enjoining the mass filing, prosecution, or administration of arbitrations, or the assessment or collection of AAA fees.

This subsection of the Arbitration Agreement and each of its requirements are intended to be severable from the remainder of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction determines that the staging process in this subsection is unenforceable, then the claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees shall be assessed as the arbitrations proceed and arbitrators are appointed, rather than at the time the arbitrations are initiated. You and we further agree that, if the staging process in this subsection is deemed unenforceable as described above, your counsel and our counsel will work together in good faith, including with the assistance of a Process Arbitrator, to develop streamlined procedures for the adjudication of claims that reduce costs and maximize the efficiency of arbitration.

Opt-Out

You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: SENSHAVE, Inc., postmarked within thirty (30) days of first accepting these Terms. Your notice must include:

(1) your name and residential address;

(2) the email address and/or telephone number associated with your account; and

(3) a clear statement that you wish to opt out of arbitration and have any Disputes resolved in a court of competent jurisdiction consistent with these Terms.

By opting out of arbitration, all other provisions of these Terms—including the class action waiver and jury trial waiver—remain in full force and effect to the maximum extent permitted by law.

Severability and Survival.

With the exception of the class action waiver set forth above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, the class action waiver above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Los Angeles, California. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DSC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable to Canada:

After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them at www.adrcanada.ca.

If you believe any Submission accessible on or from the SENSHAVE Services infringes your copyright, you should notify SENSHAVE of your infringement claim in accordance with the procedures below:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  
• Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
  
• Your name, address, telephone number, and (if available) email address;
  
• A statement that you have a good faith belief that the complained-of use of the work is not authorized by the copyright owner, its agent, or the law;
  
• A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
  
• A signature or the electronic equivalent from the copyright holder or authorized representative.
  

We will process each notice of alleged infringement that SENSHAVE receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to SENSHAVE’s copyright agent at romanticearth@romanticearth.com (subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Attention: Copyright Agent

Romanticearth, Inc.
307, 113 Teheran-ro,
Gangnam-gu,
Seoul 06134,
Republic of Korea

Republic of Korea

In an effort to protect the rights of copyright owners, SENSHAVE maintains a policy for the termination, in appropriate circumstances, of users of the SENSHAVE Services who are repeat infringers.

If any of these Terms are deemed invalid, void, or for any reason unenforceable, such terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of SENSHAVE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of SENSHAVE on the SENSHAVE Services, these Terms, including the Privacy Policy, constitute the entire agreement between you and SENSHAVE with respect to the use of the SENSHAVE Services and Contents.