Overview
These Terms of Service (“Terms”) are a binding agreement between you and ScentRX, Inc., a Texas corporation (“ScentRX,” “we,” “us,” or “our”).
They govern your use of scent-rx.com, app.scent-rx.com, the ScentRX mobile applications, and all related features, content, and services (together, the “Service”).
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the
We may update these Terms. We will post the revised Terms and update the “Last Updated” date, and where changes are material we will provide notice through the Service or by email before they take effect. Your continued use of the Service after the effective date means you accept the revised Terms.
1. Eligibility and Age Requirements
You must be at least 13 years old to use the Service. If you are between 13 and 18, you may use the Service only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
You must be at least 18 years old to start a free trial or purchase a subscription. By starting a trial or subscribing, you represent that you are at least 18 and that you are authorized to use the payment method you provide.
You may not use the Service if you have previously been removed from it, or if you are barred from doing so under applicable law.
2. Your Account
How accounts work - ScentRX uses passcode-based authentication. We do not issue passwords. To log in, you provide your email address or mobile phone number and enter the one-time passcode we send to it. You may also sign in through Google, Apple, or Facebook.
Your responsibilities - You agree to provide accurate information, to keep it current, and to maintain control of the email address and phone number associated with your account. You are responsible for all activity that occurs under your account. Notify us immediately at team@scent-rx.com if you believe your account has been accessed without your authorization.
One account per person - You may maintain only one account. You may not create additional accounts, use another person’s account, or use any automated means to register accounts.
Suspension and termination - We may suspend or terminate your account if you violate these Terms, if we suspect fraud or abuse, or as otherwise described in Section 15.
3. Subscriptions, Free Trials, and Automatic Renewal
3.1 Access Tiers
The Service is offered on multiple access tiers. The features included in each tier, and the current price of each paid tier, are displayed within the Service at the time you sign up. We may change the features included in any tier or the price of any tier as described in Section 3.6.
Free access is supported by advertising and includes limited functionality. Certain free-tier benefits are one-time and lifetime-limited per user and per account, and once used are not restored or reissued. You agree not to circumvent these limits, including by creating additional accounts.
Paid access provides expanded functionality as described in the Service and requires an active, paid subscription.
3.2 Free Trial
We may offer a free trial of paid access. To start a free trial you must provide a valid payment method.
AT THE END OF YOUR FREE TRIAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY BEGIN AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION PRICE, UNLESS YOU CANCEL BEFORE THE TRIAL ENDS.
The length of the trial and the date it ends are disclosed to you before you enroll and are shown in your account settings. We will send you a reminder before your trial converts to a paid subscription. Free trials are limited to one per person and per payment method, and we may decline to offer a trial or may end a trial where we detect abuse.
3.3 Automatic Renewal
YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. At the end of each billing period, your subscription will automatically renew for another period of the same length, and your payment method will be charged the then-current price for that period, unless you cancel before the renewal date.
You authorize us and our payment processor to charge your payment method on a recurring basis for the subscription you selected, including all applicable taxes, until you cancel.
3.4 How to Cancel
Subscriptions are sold only through the Apple App Store and the Google Play Store. You must cancel through the store where you subscribed. Go to your subscription settings in the App Store or Google Play and cancel there. We cannot cancel, modify, or refund an app store subscription on your behalf, and cancelling within ScentRX or deleting the app does not cancel your subscription or stop billing.
Cancellation takes effect at the end of your current billing period. You will keep paid access through the period you have already paid for.
If you need help locating the cancellation setting, contact us at team@scent-rx.com and we will direct you to it.
3.5 Refunds
Except where required by law, subscription fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused features, or periods during which you did not use the Service.
Because subscriptions are purchased through the Apple App Store and Google Play Store, refunds are handled under Apple’s and Google’s refund policies and are granted at their discretion. Refund requests must be submitted to Apple or Google, not to ScentRX.
3.6 Price and Feature Changes
We may change subscription prices or the features included in a tier. We will give you at least [30] days’ notice before a price increase takes effect for your subscription, and the increase will apply to billing periods beginning after the notice period. If you do not accept a price change, you may cancel before it takes effect.
3.7 Payment Processing and App Store Terms
Subscriptions are sold and processed through the Apple App Store and the Google Play Store. We do not collect or store your payment card information.
Your purchase is also subject to the terms of the app store you use, including Apple’s Media Services Terms and Conditions or Google Play’s Terms of Service. Where those terms conflict with these Terms with respect to billing, cancellation, or refunds, the app store’s terms control for that purchase.
4. Your Content and the License You Grant Us
4.1 What “Your Content” Means
“Your Content” means anything you submit, post, or publish through the Service, including RX cards, layering instructions, product selections, vibe labels, captions, images, comments, profile information, and any other material you make available.
4.2 You Own Your Content
You retain ownership of Your Content. These Terms do not transfer ownership to us.
4.3 License to ScentRX
You grant ScentRX a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, modify, adapt, reformat, publish, publicly display, publicly perform, and distribute Your Content, in whole or in part, in any media, for the purposes of operating, providing, promoting, and improving the Service.
This license includes the right to:
Display Your Content in feeds, Discover, search results, and recommendations
Reformat Your Content into social sharing cards and other formats for distribution on and off the Service
Allow other users to view, save, copy, adapt, and share Your Content through Service features
Feature Your Content in ScentRX marketing and promotional materials
This license continues for as long as Your Content remains on the Service, and survives deletion to the extent Your Content has been copied, saved, or shared by other users or distributed to third-party platforms.
4.4 License to Other Users
By publishing Your Content, you grant every other user of the Service a non-exclusive, royalty-free license to view, save, share, and copy Your Content through the features the Service provides.
4.5 Your Warranties
You represent and warrant that you own or have all rights necessary to grant these licenses, that Your Content does not infringe any third party’s copyright, trademark, publicity, privacy, or other rights, and that Your Content complies with these Terms and applicable law. You are solely responsible for Your Content.
4.6 Feedback
If you send us suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you.
4.7 Moderation
We are not obligated to review Your Content, but we may review, refuse, remove, or restrict any content at our discretion, with or without notice, including content we believe violates these Terms or is otherwise objectionable.
5. RX Cards, Copying, and Attribution
The Service allows users to copy and adapt RX cards created by others.
By publishing an RX card, you consent to it being copied and adapted by other users through the Service’s features. Copies may be modified by the user who makes them.
Attribution. Where the Service displays attribution to an original creator on a copied RX card, that attribution is generated automatically by the Service. We do not guarantee that attribution will be preserved when content is exported, screenshotted, or shared outside the Service.
No compensation. Publishing content on the Service does not entitle you to any payment, commission, revenue share, or other compensation. If we introduce a creator monetization program in the future, it will be governed by separate program terms that you may choose to accept at that time.
You may not remove, obscure, or falsify creator attribution on the Service.
6. Creators
If you publish content on the Service, you are responsible for complying with all laws applicable to your content, including advertising disclosure requirements.
You are an independent user, not our employee, agent, partner, or joint venturer. Nothing in these Terms creates an employment or agency relationship.
Participation in any ScentRX creator, beta, or monetization program is subject to additional terms we provide for that program, which are incorporated into these Terms by reference. We may modify, suspend, or discontinue any such program.
7. Product Links and Third-Party Retailers
We are not the seller: The Service displays fragrance products and may link to third-party retailers where those products can be purchased. Any purchase you make is a transaction between you and that retailer, not with ScentRX. We are not a party to it and are not responsible for the products, pricing, availability, authenticity, shipping, returns, refunds, or customer service of any retailer. Direct any dispute about a purchase to the retailer.
We do not currently earn commissions on outbound links: Product links on the Service do not carry affiliate tracking, and ScentRX does not receive compensation when you click a link or make a purchase from a retailer. If this changes, we will disclose it clearly in the Service and update these Terms.
Creators must disclose material connections: If you publish content on the Service that includes an affiliate link, a sponsored placement, a gifted or discounted product, or any other material connection to a brand or retailer, you must disclose it clearly and conspicuously in a manner that complies with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and any other applicable law. We may add, modify, or require disclosures on your content, and we may remove content that lacks a required disclosure.
8. Fragrance Information, Layering Suggestions, and No Professional Advice
Read this section carefully. It concerns your health and safety. The Service provides fragrance information, layering suggestions, and recommendations for informational and entertainment purposes only. It does not provide medical, dermatological, allergen, or other professional advice.
We do not verify ingredient or allergen information. Product information, including notes, ingredients, and descriptions, is provided by users, brands, retailers, third-party data sources, and automated systems, and may be incomplete, out of date, or inaccurate. We do not independently verify it.
Fragrance products can cause adverse reactions. Fragrance products and combinations of fragrance products can cause skin irritation, allergic reactions, respiratory reactions, photosensitivity, and other adverse effects. Reactions vary by individual and can occur from combinations that are individually well tolerated.
Your responsibility. Before applying any product or combination, you are responsible for reading the manufacturer’s ingredient list, warnings, and instructions, and for patch testing. Consult a qualified medical professional about any allergy, sensitivity, pregnancy, skin condition, or respiratory condition. Do not rely on the Service to determine whether a product is safe for you.
No endorsement. Recommendations and suggestions, including those generated by automated systems, are not endorsements or guarantees of suitability, quality, safety, authenticity, or availability.
9. Automated and AI-Generated Content
Portions of the Service use automated systems and machine learning models to generate recommendations, blends, and content, and to rank and personalize what you see.
You acknowledge that:
Automated outputs may be inaccurate, incomplete, or unsuitable, and should be evaluated independently
Some content on the Service is generated by automated systems rather than by a human creator, and where required is labeled as such
We make no warranty regarding the accuracy, quality, or suitability of automated outputs
Automated outputs are provided subject to Section 8 and Section 16
You may not use the Service to train, develop, or improve any machine learning model, or to extract data for that purpose, without our prior written consent.
10. Prohibited Conduct
You agree not to:
Violate any law or these Terms
Post content that infringes any intellectual property, privacy, publicity, or other right
Post content that is unlawful, defamatory, harassing, abusive, obscene, hateful, or that discriminates on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Post false, misleading, or deceptive content, including fabricated product information or fake reviews
Create multiple accounts, or otherwise circumvent free-tier limits, trial limits, usage limits, or any technical restriction of the Service
Use bots, scrapers, crawlers, or any automated means to access, extract, or collect data from the Service
Reverse engineer, decompile, or attempt to derive the source code of the Service
Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its infrastructure
Upload viruses or other malicious code
Resell, sublicense, or commercially exploit the Service or access to it except as expressly permitted
Use the Service to send spam or unsolicited commercial messages
Collect or harvest other users’ personal information
Sell counterfeit products or link to them
We may investigate and take action against any suspected violation, including removing content, suspending or terminating accounts, and reporting to law enforcement.
11. Our Intellectual Property
Except for Your Content and other users’ content, ScentRX and its licensors own all rights in the Service, including its software, design, text, graphics, and the “ScentRX” name, logo, and other marks.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
You may not remove, alter, or obscure any proprietary notice on the Service.
12. Third-Party Brands and Trademarks
Fragrance brand names, product names, and images appearing on the Service are the property of their respective owners and are used to identify products for informational and editorial purposes.
ScentRX is not affiliated with, endorsed by, sponsored by, or authorized by any fragrance brand, house, or retailer unless we expressly state otherwise.
13. Copyright Complaints (DMCA)
If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes:
Your physical or electronic signature
Identification of the copyrighted work you claim has been infringed
Identification of the material you claim is infringing and enough information for us to locate it
Your contact information
A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
Designated Agent:
Danielle Olorunnisomo, CEO
ScentRX, Inc.
1942 W Gray St, Ste 1321, Houston, TX 77019
Email: team@scent-rx.com
We may remove content in response to a valid notice and may terminate the accounts of repeat infringers. If your content was removed, you may submit a counter-notice to the same address.
14. Advertising
The Service may display advertising. We are not responsible for advertisers’ products, services, or claims, and your dealings with advertisers are solely between you and them.
15. Termination
By you. You may stop using the Service and delete your account at any time through your account settings.
By us. We may suspend or terminate your access, with or without notice, if you violate these Terms, if we suspect fraud or abuse, if required by law, or if we discontinue the Service.
Effect. On termination, your license to use the Service ends. Sections 4, 5, 7, 8, 9, 11, 12, 16, 17, 18, 19, and 20 survive. Termination does not entitle you to a refund except as required by law or as stated in Section 3.
We may modify, suspend, or discontinue the Service or any feature at any time.
16. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCENTRX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT, PRODUCT INFORMATION, OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOU; OR THAT ANY PRODUCT OR COMBINATION OF PRODUCTS WILL BE SAFE FOR YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
17.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCENTRX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.
18. Indemnification
You agree to indemnify, defend, and hold harmless ScentRX and its officers, directors, employees, contractors, agents, suppliers, and licensors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising from or relating to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law; or (e) your violation of any third party’s rights.
19. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first. Before starting a formal proceeding, you agree to contact us at team@scent-rx.com with a written description of the dispute and to attempt in good faith to resolve it for at least 60 days.
Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [JAMS under its Streamlined Arbitration Rules / AAA under its Consumer Arbitration Rules], and not in court. The Federal Arbitration Act governs this Section.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
Class action waiver. YOU AND SCENTRX AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable as to a claim, that claim will be severed and heard in court, and all other claims will proceed in arbitration.
Jury trial waiver. You and ScentRX waive the right to a jury trial for any dispute subject to this Section.
Opt out. You may opt out of this arbitration agreement by emailing team@scent-rx.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. For any dispute not subject to arbitration, you and ScentRX consent to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas.
21. General
Entire agreement. These Terms, together with the Privacy Policy and any additional program terms we provide, are the entire agreement between you and ScentRX regarding the Service and supersede any prior agreements.
Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, financing, or sale of assets.
Force majeure. We are not liable for any delay or failure to perform caused by events outside our reasonable control.
No third-party beneficiaries. These Terms do not create rights in any third party, except that our officers, directors, employees, contractors, agents, suppliers, and licensors are intended beneficiaries of Sections 16, 17, and 18.
Notices. We may provide notice to you by email, through the Service, or by posting on the Service. You may send notice to us at the address below.
22. Contact
Email: team@scent-rx.com
Mail: ScentRX, Inc., 1942 W Gray St, Ste 1321, Houston, TX 77019, United States