TERMS & CONDITIONS FOR PURCHASE AND/OR USE OF illumino® PRODUCTS AND SERVICES

By purchasing and/or using illumino® products and services, you agree to the following Terms & Conditions for Purchase and/or Use of illumino Products and Services (“Agreement”). This Agreement is made between Cosmo Spa Lounge & Supply, Inc. d.b.a. illumino (“illumino”) and any customer of illumino products and services (“you,” “your,” or “Customer”).

This Agreement must be read, signed or electronically consented to by Customer in order for Customer to receive the illumino products (the “Products”) purchased hereunder and/or prior to Customer’s participation in any illumino training course(s) (“Course(s)”) and governs Customer’s: (1) Use of illumino Products; (2) Use of illumino Marketing Materials; (3) illumino Training and Certification; (4) Confidentiality; (5) Limitation of Liability; Indemnification; and Disclaimer of Warranties; and (6) General Terms.

illumino reserves the right to modify this Agreement in its sole and absolute discretion at any time without notice.

USE OF THE PRODUCTS:

FOR PROFESSIONAL USE ONLY. Customer acknowledges and agrees that the Product(s) are intended for professional use only in accordance with the laws of each applicable state: (1) by schools that hire illumino to provide Training Courses at their schools, for purchase and use by students at the schools in a illumino Course; (2) by any student for use in a illumino Course to become certified by illumino (as a “Certified illumino Specialist”) in the illumino eyelash extension technique (the “Technique”); and (3) by Certified illumino Specialists in “Good Standing” (as defined below) in performing the Technique on members of the public (each an “Authorized Use”).

Customer represents, covenants and warrants that he/she shall comply with any laws and requirements concerning the application of any Products. Customer acknowledges and agrees that illumino only sells Products to licensed professionals in the beauty, medical, dental industry, or lash certified professionals. Customer further acknowledges and agrees that if the state in which they reside does not require a license to practice certain beauty or body treatment techniques, Customer shall provide illumino proof of formal certificate training or acceptable credentials within the beauty, medical or dental fields as a pre-requisite to any illumino course and/or certification. Customer represents, warrants and covenants that he/she is a licensed and/or certified professional within the beauty, medical or dental industries.

As an express condition of Customer’s purchase of any Product, Customer agrees to submit a copy of a professional license and/or certificate to illumino at the time of Customer’s request for the purchase of the Product to info@illuminolashes.com, and shall present such professional license and/or certificate and photo ID, as applicable, to the illumino trainer at the scheduled training location.

It is understood and agreed that illumino reserves the right to discontinue and substitute any Product(s) in its sole and absolute discretion without prior notification.

All items purchased from illumino are made pursuant to a shipment contract and the risk of loss and title for such items pass to Customer upon delivery of such Product(s) to the carrier.

illumino does not warrant that product descriptions or other content of any illumino Product or Service is accurate, complete, reliable, current or error-free to the maximum extent permitted under the law.

illumino will not replace or refund any Lynk-Gel® Device that is damaged due to customer negligence. Customer negligence may include, but is not limited to, instances such as short-circuiting the device by using improper battery packs or plugging the device directly into a wall outlet.

RETURN AND CHARGEBACK POLICY

Only unopened and sealed individual Product (excluding adhesives) returned within twenty-one (21) days of receipt by Customer shall be accepted for a refund of the price Customer paid, less a 10 percent (10%) restocking and shipping fee.

Kit Purchases. Only unopened and sealed Kits will be considered for a return if all unopened and sealed items contained within such Kit are returned within twenty-one (21) days of receipt and prior to Customer’s scheduled Course. If a Kit is returned within twenty-one (21) days of purchase AND prior to Customer’s scheduled Course date, then the refund will be calculated by subtracting a restocking and shipping fee of twenty-five (25) percent of the total Kit price. Once received, please allow for up to fourteen (14) days for return processing.

Return shipments must be shipped back with a tracking number to:
6787 W. Tropicana Avenue #103 Las Vegas, NV. 89103

By agreeing to these Terms & Conditions and making a purchase, Customer explicitly acknowledges and agrees that no credit card chargebacks or similar payment disputes will be initiated after Products have been shipped, received, or opened. illumino uses Shopify as its payment processor, and all transactions are subject to Shopify’s Terms of Service and the rules of the relevant card networks (e.g., Visa, Mastercard, AmEx). Any chargeback or dispute filed in contradiction to these terms may be considered fraudulent. illumino reserves the right to dispute such chargebacks and pursue all available legal remedies under Nevada law, including recovery of chargeback fees, legal fees, and related costs. In accordance with Nevada statutes, this provision is enforceable to the fullest extent permissible to protect illumino from unauthorized reversals of payment.

As a condition of Customer’s acceptance of any Products, Customer agrees not to perform the Technique on any person (including removing any eyelash extensions already worn by any individual) without first having such person sign and date the illumino Client Intake/Consent Form whereby the client acknowledges the risks of the procedure, consents to the application procedure and the use of before and after photographs of his/her eyes.

If Customer is a Certified illumino Specialist, Customer will be able to: (1) use the Products for the Authorized Uses; and (2) use the Marketing Materials (as defined below). Customer acknowledges and agrees that if they are not a Certified illumino Specialist, or cease at any time for any reason to be a Certified illumino Specialist, or are a Certified illumino Specialist but cease at any time for any reason to remain in Good Standing (as defined below), they are not eligible to be listed in the illumino Certified Directory online.

As a Certified illumino Specialist

Customer shall be considered in “Good Standing” so long as in compliance with all of the terms and conditions of this Agreement and any other agreement you enter into with illumino. Without limiting the generality of the foregoing, Customer shall not be considered in Good Standing if at any time Customer:

• provides substandard applications of the Products;

• apply or remove any Products in an unsafe manner;

• offer to perform the Technique at substantially lower prices than the fair market charges for the area (without limiting the generality of the foregoing, the fair market charges for the Technique should be no less than $75 USD per hour for one (1) new eyelash application set);

• violates and/or threatens to violate any duty of confidentiality owed to illumino under any existing or future agreements;

• attempts to train another individual on illumino Method or Lynk-Gel® technique without being certified as a trainer by illumino;

• fails to comply with the requirements for using the “Marketing Materials” (defined below);

• fails to use the Lynk-Gel® device, Lynk-Gel® product, and Lynk-Gel® Technique exclusively together; or

• fails to remain “Active” by not regularly purchasing one Product called Lynk-Gel® adhesive bottle every 45 days from the last order of such product.

Customer acknowledges and agrees that in order to appear on the “Certified directory” www.illuminolashes.com, Customer must pass the training Course, receive a certificate, and maintain “Good Standing.”

ADDITIONAL PROTECTIONS AND GUIDELINES FOR LYNK-GEL® TRADEMARK

1. Trademark Enforcement
Lynk-Gel® is a registered trademark of illumino and is protected under federal and state intellectual property laws. This trademark protection applies not only to the Lynk-Gel® name but also to associated logos, branding, and marketing collateral. Any unauthorized or misleading usage of Lynk-Gel®, including but not limited to unauthorized sublicensing or reproductions, may result in immediate termination of your rights, revocation of “Good Standing” status, and potential legal action.

1. Quality Control Rules
   To ensure consistent product performance and quality, Customers agree to use Lynk-Gel® only with officially approved illumino products, including adhesives, removers, and lash extensions. Combining Lynk-Gel® with any third-party products not expressly approved in writing by illumino is strictly prohibited and constitutes a material breach of this Agreement. Noncompliance will result in the forfeiture of all warranties, certification status, and any further legal or financial remedies permissible under Nevada law.

2. Penalties for Misuse
   Any misuse of the Lynk-Gel® trademark, including reverse engineering, creating derivatives, or disseminating unauthorized copies of the product or technique, is expressly forbidden. Such activities may lead to legal and financial consequences, including injunctive relief, damages to the fullest extent allowed by law, and recovery of attorneys’ fees.

3. Authorized Use
   Only Certified illumino Specialists in “Good Standing,” or other entities specifically authorized by illumino, may publicly market or promote services using Lynk-Gel®. No individual without the requisite certification or authorization has any right to advertise, display, or otherwise use the Lynk-Gel® name, logos, or branding.

4. Training Program Restrictions
   Participation in an illumino training program related to Lynk-Gel® confers a limited, non-transferable right to use the Lynk-Gel® brand and accompanying materials solely in compliance with illumino’s certification and this Agreement. Failure to uphold these obligations, or falling out of “Good Standing,” immediately revokes any previously granted rights to use or market Lynk-Gel®.

5. Licensing for Public Demonstrations or Marketing
   Any public demonstration, online webinar, or marketing event showcasing Lynk-Gel® or its associated techniques requires express written permission from illumino prior to the event. illumino reserves the right to deny or condition such requests to maintain the brand image and safeguard its intellectual property.

USE OF MARKETING MATERIALS:

Only Certified illumino Specialists in Good Standing may use the illumino marketing materials in their original form as provided by illumino (“Marketing Materials”). Customer may only use the Marketing Materials in advertisements (in whatever medium) when the content of such proposed advertisement has been approved by illumino in writing for the purpose of promoting the Products and/or Technique.

Customer acknowledges and agrees that prior to using, publishing, airing, or distributing any advertisement(s) containing any Marketing Materials (whether in part or in whole) shall: (1) provide illumino with a copy of any such proposed advertisement; (2) provide illumino with the stated purpose of such advertisement; and (3) receive illumino’s written permission to use such advertisement.

TRAINING AND CERTIFICATION:

In order to protect the general public safety, and the reputation of the illumino brand, illumino does not guaranty certification and maintains the right to “decertify,” or no longer recognize a certificate as being valid, and prohibit use of its Products, brand, logo, Marketing Materials, images, training materials and Confidential Information (as defined below) by Customer that illumino perceives in its sole and absolute discretion may cause harm to either individuals or the illumino brand. It is the sole responsibility of the student to meet any and all requirements to perform Technique safely and to gain and develop their own competence and skill. Attendance alone at an illumino Course does not guarantee certification.

Customer acknowledges and agrees that in order to earn a certification with illumino, they must:

• provide adequate proof of professional license, proof of liability professional insurance, formal training, or credentials within the beauty or medical industry;

• provide his/her own model for the application portion of the any Course;

• be able to demonstrate to a certified illumino instructor that they can perform the Technique safely and safely remove such eyelash extensions while keeping a sanitary environment.

If Customer is not able to earn an illumino certification after the Course by failing to meet any of the above requirements, Customer may elect to redo the same Course and pay a redo fee of seventy-five percent (75%) discount off the initial Course fee.

illumino aims to provide you with the best training experience possible. Doing so requires advance planning and expenditures; therefore, no refunds on training fees or deposits will be given after the order is processed. If you need to reschedule your course or training, you may do so upon written request to info@illuminolashes.com. If illumino reschedules an in-person or online training course to an alternate date, time, and location, and the student is not able or willing to reschedule to an alternate date, time, or location, then illumino will refund the training fee within thirty (30) days of your written request for a refund.

Please note that all requests must be presented in writing and sent to: info@illuminolashes.com.

The non-refundable administrative charge applies as follows:

• With sixty (60) days or greater written notice, refund of the full deposit will be credited after deducting all travel cancellation fees incurred;

• Within fifty-nine (59) or fewer days of the scheduled course, a $1,000 non-refundable administrative fee applies;

• If you fail to attend a scheduled illumino training (in-person or online) course without notice, no refunds are applied;

• You are solely responsible for all costs incurred from a cancellation, travel and otherwise. illumino will NOT provide reimbursement for time spent or travel expenses.

All training cancellation and refund services are hereby governed by applicable Nevada law, including but not limited to relevant sections of the Nevada Revised Statutes (NRS) related to educational services and business training. illumino’s policies comply with NRS 394.383 et seq. (or subsequent amendments), and are intended to be enforceable to the fullest extent permitted by Nevada law.

CUSTOMER ACKNOWLEDGES AND AGREES THAT illumino SHALL NOT PROVIDE ANY REIMBURSEMENT FOR COSTS INCURRED FROM A CANCELLATION, TRAVEL AND OTHERWISE.

Customer acknowledges and agrees that in the event that illumino must reschedule an in-person or online training (for any reason or no reason), Customer’s sole and exclusive remedy shall be to reschedule for the next available scheduled training at no additional cost.

Customer acknowledges and agrees that in the event that they:

1. exhibit disruptive classroom behavior; or

2. use recording devices, such as audio, video or still photos in any manner,

illumino reserves the right to refuse training, to require Customer’s removal from such Course without the right to any refunds for Course fees, training, or the Products purchased.

(3) All deposits, payments, and/or product credits will be considered forfeited to the benefit of illumino if not redeemed within twelve (12) months of payment.

Customer shall have the option after re-attending the same training course and purchasing an illumino Kit (or its equivalent in retail value for illumino adhesive, remover, and lash extensions) of attending one (1) additional scheduled hands-on workshop (“Workshop”) of the same variety of the previous attended at no additional course fee but a $350 administration fee within sixty (60) months of the initial Training Course. This sixty (60) month period is effective exactly one day from the training Course, whether or not a class is offered in your specific geographic area.

To schedule a Training Course Workshop, please send your request to info@illuminolashes.com along with the date and location you are requesting. You will receive a confirmation email of the Training Course Workshop reservation. You will be billed an administration fee of $50.00 upon confirmation of your attendance for the Workshop. Customer acknowledges and agrees to provide his/her own model for the application portion of any Workshop. illumino may be able to provide a model with adequate notice of thirty days prior to the scheduled Workshop date at a rate of $125 USD per Workshop.

If you are scheduled for a Training Course Workshop and reschedule or cancel within five (5) business days, you may not reschedule a second time. If you fail to appear to your Training Course Workshop and/or redo, or require additional training, the charges for additional training and any additional requirements shall be at the sole and absolute discretion of illumino.

Customer hereby acknowledges and consents to the recording of his/her likeness and statements (photograph, film, tape or otherwise, known as “illumino Media”) and grants illumino a worldwide, perpetual and irrevocable license and right to copy, reproduce and use any and all illumino Media for any purpose whatsoever. The rights granted herein include the right to use, copy and modify Customer’s likeness and statements in any illumino Media contained in any marketing materials, publication, recording or other medium.

CONFIDENTIALITY AND NONUSE DISCLOSURE:

Confidential Information.

“Confidential Information” shall include all information of illumino disclosed to or learned by Customer pursuant to the terms of this Agreement which illumino identifies as confidential or which Customer should reasonably understand to be confidential. Without limitation of the foregoing, Confidential Information shall include but is not limited to certain proprietary information and knowledge relating to the Products and Technique; illumino client lists; price lists; rate structures; marketing strategies and information; training materials, chemical and formula information pertaining to the Products; and any other information of a technical, financial or business nature existing now or hereafter developed. Customer acknowledges and agrees that the Confidential Information is special and unique and constitutes valuable trade secrets of illumino to the maximum extent allowed under the law.

Nondisclosure and Nonuse of Confidential Information.

Commencing on the Effective Date and thereafter, Customer shall keep Confidential Information in strict confidence at all times. Customer shall have the right to disclose Confidential Information as strictly necessary for compliance with legal or regulatory requirements including subpoenas. Prior to any such disclosure, Customer shall provide prompt written notice to illumino, and shall cooperate with any effort by illumino to petition the authority compelling such disclosure for an order that such disclosure not occur or that such disclosure occur pursuant to terms and conditions designed to ensure continued confidentiality. In the event that a protective order or other remedy is not obtained, Customer will: (a) furnish only that portion of the Confidential Information which is legally required to be disclosed, and (b) upon illumino’s request, will use its best efforts to obtain assurances from the authority compelling disclosure that confidential treatment be accorded to such information. Any such compelled disclosure shall not relieve Customer of its obligation to continue to otherwise maintain the confidentiality of such information.

Limitations of Confidentiality

Customer’s obligations with respect to items of Confidential Information shall terminate when Customer can demonstrate that: (a) such Confidential Information has become generally available to the public or within the relevant industry through no fault on the part of Customer; (b) illumino has made such Confidential Information available to other parties without any obligation of confidentiality; (c) Customer rightfully had such Confidential Information in its possession, free of any obligation of confidentiality to illumino, prior to disclosure by illumino; (d) such Confidential Information was independently developed by the Customer independently of and without reference to any Confidential Information; or (e) the Customer rightfully obtained such Confidential Information from a third party with the right to transfer or disclose it without any obligation of confidentiality.

Following Customer’s termination of employment with illumino for any reason, Customer shall not take or remove any Confidential Information in any form, whether as an original, a facsimile, a copy, or an extract or summary of any kind, and will return any and all illumino property and materials containing or constituting Confidential Information.

The material and information that you are receiving access to in the course is proprietary and subject to a number of protections including patents, copyrights and trademarks. Accordingly, by participating in this class you are explicitly agreeing to respect our proprietary rights and to not utilize anything that you are shown or provided with to infringe any of our rights, engage in reverse engineering, derivative creation or for any purpose other than to serve your own learning and non-commercial interests. If you cannot agree to this, then please do not attend our class.

If you are interested in opportunities for purchasing, reselling, distributing or otherwise licensing our products or services, it will be our pleasure to speak with you and please do not hesitate to introduce yourself or otherwise submit an inquiry.

LIMITATION OF LIABILITY; INDEMNIFICATION; AND DISCLAIMER OF WARRANTIES:

CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS illumino, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, INDEPENDENT CONTRACTORS, TRAINERS, EMPLOYEES, AND SUPPLIERS (THE “INDEMNIFIED PARTIES”) AGAINST ANY AND ALL COSTS, DEMANDS, LIABILITIES, EXPENSES, AND LOSSES, (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED AS A RESULT OF CUSTOMER’S: (1) VIOLATION OF ANY TERM OF THIS AGREEMENT; AND/OR (2) USE OR APPLICATION OF THE PRODUCT OR TECHNIQUE ON ANY PERSON.

CUSTOMER ACKNOWLEDGES THAT ANY LIABILITY OF illumino CONCERNING THESE PRODUCTS, REGARDLESS OF THE THEORY UPON WHICH RELIEF MAY BE BASED (WHETHER CONTRACT, TORT OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID TO illumino FOR THE SPECIFIC PRODUCT AT ISSUE. IN NO EVENT WILL illumino BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, LIABILITIES, SUITS, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCIDENT THERETO, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD BY illumino. NOTWITHSTANDING illumino’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ALL SUCH CLAIMS AND ACTIONS IN EACH CASE.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, illumino MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) REGARDING THE PRODUCTS, ANY SERVICES PROVIDED HEREIN, OR THE TECHNIQUE AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ONE-YEAR LIMITED WARRANTY ON LYNK-GEL® DEVICE

Standard One Year Manufacturer Warranty. illumino warrants the Lynk-Gel® device to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year from the original invoice date (this “Warranty”). Shipping and handling fees are to be paid for by “in Good Standing” Customer or with the purchase of a warranty for a one-year plan. illumino agrees, at its option during the Warranty period, to repair defects in material or workmanship or to furnish a repaired or refurbished Lynk-Gel® device of equal value in exchange without charge (except for a fee for shipping, handling, packing, return postage, and insurance which will be incurred by the Customer). Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the model number and order confirmation. This Warranty does not apply to the Lynk-Gel® product or any other products or services from illumino.

Lynk-Gel® Device Warranty Terms:
• Certified illumino Specialists in 'Good Standing' are entitled to a one-year manufacturer’s warranty from the original invoice date.
• Customers who are not Certified illumino Specialists are entitled to a six-month limited warranty from the original invoice date.
• All other warranty terms and conditions stated herein shall apply.

Warranty Limitations

This Warranty does not include:

• Any condition resulting from other than ordinary use for which the product was not intended, such as plugging into non-approved battery packs and electrical outlets.

• Any condition resulting from incorrect or inadequate maintenance or care.

• Damage resulting from misuse, abuse, negligence, accidents or shipping damage.

• Dissatisfaction due to buyer’s remorse.

• Normal wear and tear.

• Damages incurred during transportation.

• Damages incurred during assembly or maintenance.

• Any used or previously displayed items.

General Disclaimer

illumino makes no express warranty or condition whether written or oral, and illumino expressly disclaims all warranties and conditions not stated in this limited Warranty. To the extent allowed by the local law of jurisdictions outside the United States, illumino disclaims all implied warranties or conditions, including any implied warranties of merchantability and fitness for a particular purpose. For all transactions occurring in the United States, any implied warranty of condition of merchantability, satisfactory quality, or fitness for a particular purpose is limited to the duration of the express Warranty set forth above. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion of limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this limited warranty may not apply to the Customer. The limited warranty terms contained in this statement, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to the mandatory statutory rights applicable to the sale of a Lynk-Gel® device to the Customer.

GENERAL PROVISIONS

Notice

Notices required pursuant to this Agreement shall be given by personal delivery, by commercial express courier or by certified or registered mail. Notices shall be sent to the respective addresses given below or such substitute address as either party may give by providing notice in accordance with this provision. Notices shall be deemed given when received or, in any event, five (5) days after being deposited in the U.S. mails, properly addressed, certified or registered mail, postage prepaid. Addresses for notices are:

To illumino:

6787 W. Tropicana Avenue #103 Las Vegas, NV 89103

Counterparts

This Agreement may be executed in separate counterparts each signed by a party and such counterparts deemed an executed whole. Signatures may be exchanged by facsimile or similar electronic means, and such signatures will be deemed original.

Waiver and Severability

No waiver by any party of any breach of this Agreement or failure of any party to enforce or assert any right or remedy hereunder shall be deemed a waiver of any prior, concurrent, or subsequent breach. No waiver shall be effective unless it is made in writing. The invalidity or unenforceability of any provision of this Agreement shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect.

Construction

This Agreement shall not be interpreted for or against either party on the premise that the party was or was not the drafter of the Agreement. The headings in this Agreement are for reference and shall not affect the meaning of any provision of this Agreement. All references to the singular include the plural and vice versa; all references to the masculine include the feminine and neuter; all references to the feminine include the masculine and the neuter; all references to the neuter include the masculine and feminine.

Assignment

illumino shall have the right to assign this Agreement without notice. No other assignment of this Agreement shall be effective without the prior written consent of the parties, which shall not be unreasonably withheld.

Complete Agreement

This Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals and prior agreements, oral or written, and any other communications between the Parties relating to the subject matter of this Agreement.

Controlling Law

This Agreement shall be governed and construed in accordance with the laws of the State of Nevada applicable to contracts entered between Nevada residents to be entered into and performed entirely within the State of Nevada without consideration of any principles of conflicts of laws. Any action or arbitration regarding enforcement of this Agreement shall be brought exclusively in Clark County, Nevada.