Terms of Service

Terms of Service

Breaie LLC

Terms of Service

Please review Privacy Policy here. https://breaie.com/privacy-policy/

Last Updated: June 3, 2026

NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. 

Introduction

We appreciate your trust in BREAIE.  These Terms of Service govern your access to and use of the Breaie website, products, services, content, promotions, and communication.

 By accessing and or using the website, purchasing our products, or engaging with our services, you (the “User” or “Customer”) agree to be bound by the following Terms of Service (“Terms”) and our Privacy Policy, .

Please read these Terms carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, you (the “User” or “Customer”) may not access the website or use any of our services.   

1. Eligibility and Account Security

By agreeing to these Terms, you represent that you are at least the age of majority in your State or jurisdiction to use this website.

  • If you create an account on our Site, you agree that you are responsible for maintaining the confidentiality of your account credentials and password.
  • You agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. FDA Disclaimer

Statements regarding cosmetic products have not been evaluated by the U.S. Food and Drug Administration unless expressly stated.  

Manufacturing Facility:  The manufacturing facility complies with GMP Good Manufacturing Practices and is an FDA registered facility. 

Certificate of Analysis (CoA):  Each batch of product is analyzed to ensure the product meets predetermined specifications.  Each unique production batch has its own unique CoA. This is a requirement by the FDA and the GMP. 

3. Products and Informational Disclaimer (Not Medical Advice)

BREAIE  brand prides itself on high-quality, science-backed beauty and cosmetic formulations. However, our products and the content provided on this Site are subject to the following disclosures:

  • Cosmetic Use Only: All products, descriptions, and information on this Site are intended strictly for cosmetic and personal care use and are not intended to diagnose be for any medical treatments and are not intended to diagnose, treat, cure, or prevent any skin condition, disease, or medical issue.
  • No Medical Advice: Content on this website—including ingredient lists, product guides, product description,and blog posts—are for informational purposes only. It does not substitute for professional medical advice, diagnosis, or treatment.
  • Medical Consultation: Always consult with a dermatologist or qualified healthcare provider regarding any specific skin concerns, allergies, or any medical concerns. Before introducing new active ingredients to your skincare regimen. If you have any preexisting skin conditions or allergies, you should consult with a dermatologist or another healthcare provider before changing your skincare routine.  

4.Customer Safety,Allergens and Patch Test.

Customer Responsibility: Review the full ingredient list before purchase.

Ingredient Review: Customers should thoroughly review the full list of ingredients provided for each product prior to purchase and application to ensure the customer does not have a known sensitivity or allergy to any component.

Patch Test Is Recommended:  We suggest anytime you try a new beauty product, always perform a localized patch test on a small discreet area of skin before applying any product fully as a beauty regime. Discontinue use immediately if irritation, redness, or discomfort occurs and contact a healthcare professional.

Assumption of Risk: The company is not liable for adverse allergic reactions, sensitivities, or misuse of products by the consumer. 

5. Product Details, Accuracy, and Formulations

We strive to display our products, ingredient lists, and textures as accurately as possible. Due to digital screens, display colors and textures may appear differently.  Natural or high end ingredients can vary in subtle ways on varying computer and cell phone devices. 

We can not guarantee that your monitor’s display of any product color or consistency (such as clear or white serums) will perfectly reflect the product on different devices. 

  • Visual Variations: We  showcase our products and their consistency as well as serum color such as clear or white as accurately and clearly as possible.  We cannot guarantee a customer’s monitor or hand held device will correctly,accurately, and perfectly display or reflect the actual product or colors. Because digital screens display colors and visual textures appear differently. We cannot guarantee that your monitor’s screen will display  any product color or consistency (such as clear or white serums) will perfectly reflect the product in on our website.
  • Formulation Updates: We reserve the right, but are not obligated to notify you, in the event there are modifications, ingredients updates,or discontinue products or adjust ingredients, alter formulations, and to update or change packaging at any time without prior notice, to be in compliance with applicable cosmetic safety standards that are kept in place and maintained.
  • Typographical Errors: In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, other error, or human mistake, we reserve the right to refuse or cancel any orders placed for that product.

6. Beauty & Skincare Disclaimer

Our products are intended for cosmetic and personal care use only. We do not guarantee specific results from the use of any product or our products. Individual results may vary based on skin type, lifestyle, environment, product usage, and other factors.

Customers should:

  • Review ingredient lists carefully
  • Perform patch testing before use
  • Discontinue use if irritation occurs
  • Consult a healthcare professional for concerns regarding allergies or medical conditions

Statements on this website have not been evaluated by the U.S. Food and Drug Administration unless specifically stated.

Our products are not intended to diagnose, treat, cure, or prevent any disease.

7. Products & Services 

We strive to display product descriptions, images, colors, pricing, and availability as accurately as possible. However, we do not guarantee that all information is error-free, complete, or current.

We reserve the right to:

  • Modify or discontinue products at any time
  • Limit quantities purchased
  • Refuse or cancel orders
  • Reject any order at our discretion for possible fraud or other events.
  • Correct pricing or description errors

All purchases are subject to product availability.

8. Subscription Services 

 If subscription services are offered in the future, recurring billing terms will be disclosed at enrollment will apply.

By enrolling in a subscription program, you authorize recurring charges according to the subscription terms displayed at checkout. 

You may cancel your subscription at any time through your account settings or by contacting us via email.

9. Purchases, Pricing, and Billing

  • Order Acceptance: We reserve the right to refuse, limit, or cancel any order you place with us. This may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address.
  • Pricing Changes: Prices for our products are subject to change without notice.
  • Payment Terms: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
  • Pricing and Errors: We may correct typographical errors, pricing, mistakes, inventory inaccuracies, or product description errors without notice.

10. Promotions & Discount Codes

Promotional offers and discount codes:

  • May be modified or canceled at any time
  • Cannot be combined with any other offers unless stated otherwise
  • Have no cash value
  • May be limited by expiration dates or product exclusions

11. Orders & Payments

By placing an order on our website, you represent that: All of your billing, contact information, and shipping information provided to us is accurate.

  • You are authorized to use the payment method submitted
  • You agree to pay all charges incurred

We accept payment methods listed at checkout. Orders may be canceled if fraud, unauthorized activity, or policy violations are suspected or discovered.

12. Shipping, Delivery, and Damage

  • Shipping times are estimates only and are not guaranteed.
  • We are not responsible for carrier delays caused by customs processing, weather events, or other events outside our control including force majeure or other events that may impact delivery times. 
  • Delivery Conditions: Skincare formulations can be sensitive to environmental extremes. It is the customer’s responsibility to retrieve packages promptly upon delivery to prevent prolonged exposure to extreme heat, freezing temperatures, or direct sunlight, which may impact product stability.

13. Shipping Damage and Defective Components

Claims involving damaged shipments leaking containers, broken pumps, defective dispensers, or manufacturing defects should be reported within 5 days of delivery.  Please see shipping policy.

14. Lost Packages and Porch Theft

 Packages marked as delivered by the carrier are considered delivered.  We may assist with  carrier investigation, but cannot guarantee reimbursement.  

15. Returns, Refunds, and Authenticity

  • Return Policy: Due to the hygienic nature of cosmetics and skincare products, returns, and exchanges are governed strictly by our [Insert Link to Return Policy]. Returned products maybe restricted.  We may issue a replacement, store credit, or refunds at our discretion. 
  • If you have an issue with the product within the 30 day refund window. Email: questions@breaie.com
  • Authorized Sellers: Our product warranties and return policies apply exclusively to purchases made directly through this official Site.
  • We cannot guarantee the authenticity, safety, or quality of products purchased from unauthorized third-party resellers.
  • We reserve the right to deny returns that do not comply with our policy.
  • We do offer 30 day returns for unopened products, unused products. 
  • We recommend reaching out to us via email to let us know you have an issue with the product and want a full refund to our email here:  
  • Marketplace purchases: Purchases made through Amazon, Etsy, Walmart, Poshmark or other market places may be subject to additional marketplace policies.

16. Affiliate, Influencer, and Ambassador Program

Participants must comply with FTC endorsement guidelines, make appropriate sponsorship disclosures, and refrain from misleading product claims.

More information on this future program will become available at a later time.

17. Intellectual Property 

All  website content, trademarks, graphics, product names, trade dress, photographs, videos, formulations, text, packaging designs, and branding are protected by intellectual property laws.

All content included on this Site BREAIE.com including but not limited to trademark, text, graphics, logos, product names, formulations, product descriptions, photography, videos, graphics, and marketing copy is the exclusive property of the Company Breaie, LLC or Breaico, LLC and is protected by United States and international copyright, trademark, and intellectual property laws. You may not copy, reproduce,  or exploit any content from this Site without explicit, written permission from us.

Limited License. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use only. You may not: Use any of our trademarks or trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers.

  • Use any “hidden text” or meta tags utilizing the  BREAIE Brand Name name without express written consent.

19. Trademark License

Certain trademarks and branding assets are owned by Breaico, LLC and licensed to Breaie, LLC for commercial use, marketing product sales, and related business activities. 

20.User-Generated Content 

By submitting reviews, photos, videos, testimonials, or social content, you grant BREAIE a perpetual, worldwide, royalty free license to use such content. You represent that your submitted content:

  • Is accurate
  • Does not infringe third-party rights
  • Is not unlawful, abusive, or misleading

We reserve the right to remove content at our discretion.

21. Infringement Policy 

We respect the intellectual property of others. If you believe that any material on this Site infringes upon any copyright or trademark which you own or control, or if you see person, website, etc that is infringing on our copyright or trademark, please notify our designated agent at: questions@breaie.com 

22: Proprietary Interest in Content

Our Site contains a combination of original human authorship and AI-assisted content (collectively, the “Content”). You acknowledge and agree that the Brand BREAIE has exercised substantial human creativity in the selection, arrangement, coordination, and modification of all Content found on the Site. Regardless of the technology used in its creation, all Content is the proprietary property of the brand BREAIE or its licensors. 

23.Artificial Intelligence Restrictions

Users may not scrape, copy, harvest, extract, or use our content for training machine learning or artificial intelligence systems without written permission. 

24. Prohibited Conduct

Users may not engage in fraud, malware distribution, unauthorized access, data scraping intellectual property violations, impersonations, or unlawful activity.

25. SMS and Email Marketing

By opting in, users consent to receive marketing communications.  Consent is not required for purchases and may be withdrawn at any time.

26. Chargebacks

Fraudulent charge backs or abusive payment disputes may result in account restrictions and collection activity where permitted by law.

27. Privacy Policy

Use of the website is also governed by the BREAIE Privacy Policy.

28. Disclaimer of Warranties

All products, content, and services are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind.

29. Limitation of Liability

To the fullest extent permitted by law, BREAIE, LLC shall not be liable for indirect, incidental,consequential,punitive, or special damages.

30. Indemnification

You agree to indemnify, defend, and hold harmless BREAIE, LLC, Breaico, LLC – licensors, licensees, affiliates, partners, officers, managers, managing members,and employees, and partners from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

31. Binding Arbitration

Any and all disputes arising out of or relating to your use of this site or purchase of products shall be resolved via binding arbitration with a recognized provider such as American Arbitration Association in the State of Texas county of Fannin.  

Small Claims Court could be used in some cases instead of binding arbitration. 

32. Limitation of Liability

To the fullest extent permitted by law, BREAIE, LLC, Breaico, LLC licensor shall not be liable for any indirect, incidental, consequential, or punitive damages arising from:

  • Use of our website
  • Purchase or use of our products
  • Delays or interruptions
  • Unauthorized access to information

Our total liability shall not exceed the amount that you paid for the applicable product or service. 

33. Disclaimer of Warranties

This website and all products are provided “as is” and “as available” without warranties of any kind, either express or implied.

We disclaim all warranties including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

34.Class Action Waiver

Users waive the right to participate in class actions, class arbitration, representative actions, or consolidated proceedings to the fullest extent  permitted by law.

35. Jury Trial Waiver

Both parties knowingly waive any right to a jury trial for disputes and go for mandatory arbitration.

 36. Indemnification

You agree to indemnify and hold harmless BREAIE, LLC, Breaico, LLC – licensors, licensees, affiliates, officers, employees, managers, managing members, and partners from claims, damages, liabilities, and expenses arising from your use of the website or violation of these Terms.  

37. Force Majeure

We shall not be liable for delays or failures resulting from causes beyond our reasonable control.

38. Accessibility

We strive to provide an accessible online experience and welcome feedback regarding accessibility barriers.

39. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, policies, or practices of third parties’ websites.

40. Privacy Policy

Your use of the website is also governed by our Privacy Policy located at [Privacy Policy URL]. Please make sure you review and understand  our Privacy Policy.  

41. Governing Law

These Terms of Service  shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

Any disputes that may arise shall be resolved in the courts located in Fannin County, State of Texas.

42. Changes to These Terms of Service

We may update these Terms of Service at any time. Changes become effective immediately upon posting. 

Continued use of the website after updates constitutes acceptance of the revised Terms of Service and Privacy Policies. We recommend you visit the Terms of Service and Privacy Policies to stay up to date of any changes in our policies.

43.Contact Information

If you have questions about these Terms of Service, contact us:

BREAIE, LLC
700 Smith Street 61070

Unit 32317

Houston,TX 77002

Email: questions@breaie.com

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