Revian Terms of Service

Last Updated: November 4, 2024

REVIAN, Inc. (“Revian”, “we”, “us” or “our”) designs and provides products, including the REVIAN RED system or the REVIAN LYTE cap (“Device”), and services aimed at helping individuals self-treat certain types of dermatological scalp conditions, such as androgenetic alopecia or pattern hair loss. These Terms of Service (the “Terms”) govern your use of our hair loss treatment products and services, the software embedded in such products and services, our website located at www.revian.com (the “Site”), our mobile applications, our user portal and all other services offered by Revian (collectively, the “Services”). You may not resell or otherwise transfer or distribute in any way any portion of the Services.

By accessing or using any of the Services, you are indicating that you agree to be bound by these Terms and have read and acknowledged our Privacy Notice located at revian.com/privacy-policy/.  Revian’s Terms of Sale, located at revian.com/terms-of-sale/, apply to purchases of the Device (defined above) including those purchased through the Site. All orders placed are subject to Revian’s acceptance.

If you do not accept and agree to these Terms or to how we process your personal information as described in our Privacy Notice, then you may not access or use our Services.

The Terms apply to all who use the Site including without limitation, people who are browsers, vendors, customers, merchants, and /or contributors of content.

Updates to These Terms

We may amend or modify these Terms at any time by posting the revised agreement of the Services and/or providing you with a copy of the updated Terms to the email address associated with your account. The revised Terms will be effective as of the time they are posted. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services, and to close your account. 

Changes to the Services

We strive to maintain availability of the Services but reserve the right to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, at any time and we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Age Requirements

Our Services are only offered or available to users who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. 

Accessing the Services

You are responsible for making all arrangements necessary for you to have access to the Services, and for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. We reserve the right to impose limits on the use of or access to certain features or portions of Services in any case, and without notice or liability.

To access the Services or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. 

You agree that all information you provide to register with our Services, including, but not limited to, the use of any interactive features on the Services, is governed by our Privacy Notice, and you acknowledge to all actions we take with respect to your information consistent with our Privacy Notice.

Company Materials

As between Revian and you, Company Materials are defined as the Services and all materials included with or contained in the Services, including, without limitation, all text, graphics, and other works, the Services’ design and coding, all computer software programs used and licensed in connection with the Services, the look and feel of the Services, all manufacturing processes, and all data and reports generated by the Services (collectively, the “Company Materials”). Company Materials are protected under copyright, trade secret, trademark and other laws. For clarity, the Terms of Sale, as more fully discussed below, govern ownership of the Device (as defined above).

Use of Services

Revian hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to (a) access and view the Company Materials; and (b) access and use the software provided as part of and embedded in the Services, solely for personal, non-commercial use and in accordance with these Terms. No licenses or other rights are granted to you by implication or otherwise except for the licenses and rights granted in these Terms. 

You may not copy, upload, transmit, modify, distribute or republish the Services or any portion of the Services, including, without limitation, any of the Company Materials, without the prior written consent of Revian. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Services or any Company Materials. Use of any Company Materials is prohibited without the prior written permission of Revian. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Services or Company Materials; (ii) engage in any activity that interferes with or disrupts the Services or Company Materials; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms.

User Account for REVIAN RED

Full use of the Services includes the purchase of a REVIAN RED system, download and authorization of the Revian mobile application (the “App”) and registration for a Revian user account (the “Account”). You may only utilize the Services in conjunction with the Device, App and Account; you may not connect to the Services with a device, mobile application or Account that is not provided by Revian. You also acknowledge and agree the App must be downloaded to a compatible mobile device owned or controlled by you and that full use of the Services requires adequate network connectivity and functionality of your mobile device, which may require periodic updates; and may be affected by the performance of these factors. A high-speed Internet connection is strongly recommended for use of the Services and is required to use any video-related Services. It is your responsibility to ensure the adequacy and operability of your mobile device. 

IMPORTANT: Each user can use the REVIAN RED system using their Account for only one 10-minute treatment per day unless otherwise directed by a medical professional.

Unless specifically stated otherwise, each Account is for, and may only be used by, a single user, and you are responsible for all activity that occurs in association with your Account. In consideration of your use of the Services, you agree to provide accurate, current, and complete information about yourself as requested during the Account registration process and to maintain and promptly update the information you provide from time to time as necessary to keep the information true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Services.

Upon completion of Account registration, you will be provided with credentials which will allow you to access your Account both on the Site and on the App. You are solely responsible for maintaining the confidentiality and security of your Account and credentials and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. We will not be responsible for any loss or damage arising out of the unauthorized use of your Account or credentials or your failure to comply with this section.

User Content

You are solely responsible and liable for all data, information, and other items (“User Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Services. We have no obligation to pre-screen User Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any User Content. In addition, we have no liability for any damages resulting from the use or misuse by any third party of User Content made public through the Services. To the extent you submit User Content, you represent and warrant that: (i) you have all necessary rights and authority to grant the rights set forth in these Terms with respect to the User Content; and (ii) the User Content you Transmit does not violate or misappropriate any intellectual property or other right of any other party. IF YOU CHOOSE TO SUBMIT USER CONTENT OR OTHERWISE MAKE ANY INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND REVIAN SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFORE.

Restrictions on User Content

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Services to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Service; (e) interfere with the Services or servers or networks used in connection with the Services; (f) interfere with the ability of others to use the Services; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer or otherwise attempt to derive the source code of, assign, transfer or exploit for any commercial purposes, any portion of the Services, the Company Materials or any User Content contained therein; (h) use any robot, spider, or other automatic device to monitor or copy portions of the Services or the Company Materials without Revian’s prior written permission; (i) mirror or display the Services or any portion thereof in frames without Revian’s prior written permission; or (j) impersonate any person or entity, including, but not limited to, other users of the Services, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you may make.

You acknowledge and agree that Revian may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Revian, its customers or the public. With respect to User Content that you Transmit to the Site, you grant Revian a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, excerpt, reproduce, display, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, for any purposes whatsoever. 

As between the parties, Revian owns all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.

Third Party Websites

The Services may provide links to other websites or resources. We do not endorse and are not responsible for any third-party content, advertising, products, services, or other materials on or available through such sites or resources. Third-party websites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with third-party websites are solely between you and the third party. You agree that we are not liable for any damage or loss of any kind incurred as a result of any such third-party dealings. 

Revian Trademarks

All product and service names related in any way to the Services and Company Materials and appearing in a typeface different from that of the surrounding text or with a trademark symbol, are registered and unregistered trademarks and service marks owned by Revian or its subsidiaries or affiliates or a third party. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Services and Company Materials are the property of Revian or third parties and shall remain the property of Revian and such third parties. Nothing contained in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Revian or such third party that may own such Mark. Your misuse of any such Mark, or any other Company Materials, is strictly prohibited.

U.S.-Based Data Processing

The Services are hosted in the United States and are intended for use only by residents of the United States. All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

Indemnification

You agree to defend, indemnify and hold harmless Revian, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals relating to or arising from your use of the Services or Company Materials, any User Content that you transmit to or through the Service, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services.

Termination

You acknowledge and agree that Revian reserves the right to terminate your access to the Services for any reason, including, but not limited to, your violation of these Terms. You agree that Revian may terminate your access to and use of the Services without prior notice and without any liability to you or any third party should we exercise such rights.  We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time. Revian may also, from time to time, establish general rules and policies regarding use of the Services. Revian will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Services. Revian shall have no liability or responsibility with respect to any lost Company Materials, User Content, or other data, such as the deletion of or failure to store Company Materials, User Content, or other data. All provisions of these Terms, that by their nature should survive termination of your right to access and use the Services, shall survive, including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses. Revian reserves the right to but has no obligation to, store or keep copies of any Company Materials, User Content, or other information, unless otherwise required by law or court order.

In the event of termination of your Account, there shall be no refund of any portion of the Device purchase price that has been charged.

Disclaimers 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT INTENDED AS MEDICAL ADVICE OR FOR DIAGNOSIS. USE OF THE SERVICES SHOULD NOT REPLACE CONSULTATION WITH A MEDICAL PROFESSIONAL. PLEASE READ AND COMPLY WITH ALL INSTRUCTIONS AND SAFETY NOTICES SET FORTH ON THE SITE AND ELSEWHERE INCLUDED IN THE SERVICES.

You understand that we cannot and do not guarantee or warrant that files available for download from the internet as part of the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external of our Services for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or items obtained through the Services or to your download of any material posted on them, or on any site linked to them.

Your use of the Services is at your own risk. The Services or items obtained through the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Revian nor any person associated with Revian makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Revian nor anyone associated with Revian represents or warrants that Revian or items obtained through the Services, the Site, or the server that makes them available will be accurate, reliable, error-free, uninterrupted, have defects corrected, be free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations. 

To the fullest extent provided by law, Revian hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the fullest extent provided by law, in no event will Revian, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to the Services, any content on the Services or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Services.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. ANY COMPANY MATERIALS OR USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

These Terms and the transactions and transmissions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, without reference to conflict or choice of law provisions. The exclusive forum for the resolution of any dispute relating to these Terms shall be the state and federal courts in North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted during the registration process, if any, and by any other means permitted by law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or to the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Revian at the following contact: demand_notice@REVIAN.com.

Any notices to you may be made via either e-mail or postal mail to the address in Revian’s records. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Please report any violations of these Terms to Revian at the contact listed above.

Waiver and Severability

No waiver by Revian of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Revian to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Assignment 

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 

Entire Agreement

These Terms and all other written agreements duly executed between you and Revian in connection with your use of the Services constitute the entire agreement between you and Revian with respect to the subject matter hereof and supersedes any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.

Procedure for Making Claims of Copyright Infringement

We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content embodied in the Services infringes your copyright, please provide our copyright agent the written information specified below.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Revian’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Vincent K. Gustafson
Withrow & Terranova, PLLC
106 Pinedale Springs Way
Cary, NC 27511

Previous Terms of Service:

Previous version of Revian Terms of Service relevant to purchases made on or before November 4, 2024 is available HERE.