Terms of Service

Last updated: February 22, 2026

These Terms of Service govern your use of the Cxperia platform and services. If you are an End-Consumer accessing product experiences, please review our Consumer Terms.

1. General

Cxperia ("Cxperia", "we", "us" and "our") offers various products and services to help beauty and cosmetic brands create and manage interactive digital product experiences, loyalty programs, and customer engagement through the Cxperia platform (the "Platform") and the Cxperia website (the "Website").

1.1 Who is Bound by this Agreement

This Agreement applies to "Brands" (organizations or individuals that use our Services to create and manage product experiences, loyalty programs, and customer engagement under a Selected Subscription Plan) and their "Users" (employees, representatives, consultants, contractors or agents of a Brand who use the Services on the Brand's behalf).

Note: If you are an End-Consumer (an individual accessing product experiences via QR codes, participating in loyalty programs, or earning/redeeming Glowies), please review our Consumer Terms instead.

"You" and "your" refers to you, if acting in your individual capacity, or the legal entity on whose behalf you are entering into this Agreement if you are acting on behalf of another legal person. If you are a User acting on behalf of another legal person, such as a corporation, you represent that you have the power to bind that legal person. You will ensure compliance with this Agreement by each employee, representative, consultant, contractor or agent who uses the Services on your behalf.

1.2 Acceptance

These terms of use for the Services, together with any Selected Subscription Plan, as applicable, and any other Cxperia documents or additional terms expressly incorporated by reference (collectively, this "Agreement") is a legal agreement between you and Cxperia and governs your access to and use of the Services.

By accessing or using any Services offered by Cxperia, you accept and agree to be bound by and comply with this Agreement. If you do not agree to this Agreement, you are not permitted to access or use the Services.

1.3 Updates and Changes to Agreement

We reserve the right in our sole discretion to amend this Agreement from time to time by publishing an amended version of this Agreement on the Website. All such amendments are effective immediately when published on the Website and apply to your continued access to and use of the Services. Your continued access to and use of the Services will be your acceptance of any such amendments.

If we make a change that will have a material negative effect on you, as reasonably determined by us, we will use our best efforts to notify you at least thirty (30) days before the change takes effect. If you do not agree with the changes, you may terminate your account in accordance with Section 13 (Term and Termination).

2. The Services

2.1 Subscription Services

Excluding Services which are available for free, you purchase the Services as a subscription through a Selected Subscription Plan. Subject to your compliance with this Agreement and your payment of all applicable fees, Cxperia authorizes you to access and use the Services during the subscription term ("Subscription Term") set out in your Selected Subscription Plan and any Services we expressly make available for free.

2.2 Not Professional Advice

We provide online tools and materials through the Services to assist Brands with the creation and management of product experiences and loyalty programs. However, these online tools, materials and any other information provided are for informational purposes only and are not guaranteed to be correct, complete or up-to-date and are not intended to provide legal, accounting, tax, regulatory compliance, or other professional advice.

All decisions about the design, strategy and use of any program will be yours alone. There are laws that may apply to loyalty rewards programs, product labeling, ingredient disclosure, and data protection in your jurisdiction. It is your responsibility to understand and comply with those laws.

2.4 Account Access

In order to use the Platform, each Brand must register and create an Account with Cxperia. During registration, you must provide:

  • User Information: Your name, email address, login username and password (collectively, "ID")
  • Brand Information: Complete and accurate brand details including brand name, business address, contact information, business registration number (if applicable), and any other information required for account verification

You are responsible for maintaining the confidentiality of your IDs and will not use the IDs of any third party, disclose your IDs to any third party or permit Users to share IDs. You must ensure that all Brand information provided is accurate, current, and complete, and you must promptly update any changes to your Brand information.

You are responsible for all activities, charges and liabilities made on or through your Accounts, whether authorized or unauthorized by you. If you suspect any unauthorized use with any Account or any use of an ID by anyone other than the applicable User, you must notify us immediately. You will ensure each of your Users provides correct and complete Account information at all times and you will inform us of any changes to the information your Users or Brand have provided.

Account Verification: Cxperia reserves the right to verify your Brand information and may request additional documentation to confirm your identity and business legitimacy. Failure to provide accurate Brand information or to respond to verification requests may result in account suspension or termination.

2.4 Usage Limits

The Services may be subject to usage limits and restrictions, which may be specified in a Selected Subscription Plan or published on the Services, including the locations at or through which you can access or use the Services, the number of allowable Users, the number of products or experiences, the number of redemption offers, usage volumes, and API rate limits (collectively, "Usage Limits"). It is your responsibility to ensure that you do not exceed those Usage Limits. We may add, remove or change Usage Limits by providing notice to you.

2.5 Updates and Changes to the Services

We reserve the right in our sole discretion to modify any part of the Services at any time for any reason, or no reason, including by changing, withdrawing or terminating, limiting or expanding a Service or any features or functionalities on the Services, without any notice or liability to you.

3. Fees

3.1 Service Fees

You will pay all fees set out in your Selected Subscription Plan ("Service Fees"). All Service Fees are non-cancellable and non-refundable and are based on the Subscription Plan purchased and, unless otherwise noted, not actual usage. You are not entitled to any refund in the event of unused Services, including where we terminate or modify the Services for any reason.

3.2 Taxes

All Service Fees, expenses and other amounts payable to Cxperia under this Agreement are exclusive of any sales, use, value added, excise, or other applicable taxes, tariffs or duties ("Taxes"), payment of which will be your sole responsibility, even if such amounts are not listed on a Selected Subscription Plan. You will promptly reimburse Cxperia for any Taxes that Cxperia pays on your behalf, unless you provide satisfactory documentation that such Taxes are not applicable to you.

3.3 Overage Fees

We have the right, but not the obligation, to monitor or remotely audit your use of the Services, and extra charges will apply if you exceed any Usage Limits at our then-current usage fees.

3.4 Payment Terms

Unless otherwise set out in a Selected Subscription Plan, or another agreement, Service Fees are payable in advance of the first day of the Subscription Term. You will pay all Service Fees, expenses and other amounts payable to Cxperia under this Agreement in the currency as set out in the Selected Subscription Plan, or another agreement, without set-off or deduction. While we may offer third party payment service options, we are not liable or responsible for such third party payment services or their providers in any way.

4. Content and License

4.1 Content

The Services contains information and data (including text, images, photos, videos, audio and documents) owned or licensed by Cxperia, its suppliers, or licensors ("Cxperia Content"), including but not limited to the INCI ingredient database. The Services and Cxperia Content may be protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Cxperia, Cxperia owns and retains all title, interest and right, including all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world in and to the Services and Cxperia Content.

The INCI ingredient database is compiled from publicly available sources (EU CosIng database) and is provided for informational purposes. Cxperia does not claim ownership of the underlying ingredient data but provides tools and interfaces to access and utilize this data within the Services.

4.2 Ownership and License

The Services in your Selected Subscription Plan are for the Subscription Term only, and are not sold to you. You are authorized to use the software code provided by us to you for use on your website for the purpose of using the Services only. All rights not expressly granted to you in this Agreement are reserved and retained by us. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use or sell any Cxperia Content.

You must not modify, build upon or block any portion or functionality of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

4.3 Restrictions

You will not do any of the following or permit anyone else to do the following:

  • License, sub-license, sell, transfer, distribute or share the Services or Cxperia Content or make any of them available for access by third parties
  • Create derivative works based on or otherwise modify the Services or Cxperia Content
  • Disassemble, reverse engineer or decompile the Services or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services
  • Access the Services or Cxperia Content in order to develop a competing product or service
  • Use the Services or Cxperia Content to provide a service for others
  • Use the Platform to operate more or different type of applications than permitted under the applicable Selected Subscription Plan
  • Remove or modify a copyright or other proprietary rights notice on or in the Services or documentation
  • Violate any applicable federal, provincial, local or international statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including general principles of common and civil law and equity ("Applicable Law")
  • Disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Services
  • Include, send, store or run software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs from the Services
  • Interfere with, disrupt or undermine the security or the operation of the Services, Platform or Website
  • Submit inaccurate or misleading ingredient information to the INCI database
  • Use the Platform to operate loyalty programs that violate applicable consumer protection laws
  • Fail to fulfill redemption offers or honor Glowies redemptions
  • Process personal data without appropriate legal basis or consent

5. Brand Content and Brand Data

5.1 Brand Content

You may create, record, submit, publish and use ("submit") text, images, photos, videos, audio and documents ("Brand Content") through the Services, including product information, ingredient lists, tutorials, redemption offers, and other materials. You are exclusively responsible for all Brand Content and the consequences of submitting Brand Content through the Services. We do not verify the accuracy, quality, content or legality of Brand Content. We may, but are under no obligation to, review, analyze, filter, edit, block or remove any Brand Content.

5.2 Responsibility to Obtain Consents

You are responsible for obtaining all necessary consents, licenses and waivers required to use the Services, including submit Brand Content through the Services. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating Brand Content.

If you are a Brand, Cxperia may acquire electronic data pertaining to you, your Users and your customers that is uploaded or provided to the Services by you, your Users and your customers and all personal information of your Users and customers of which you are the controller under privacy and data protection laws ("Brand Data"). You are solely responsible for obtaining all necessary rights, releases and consents (including consents from individuals under privacy and data protection laws) from your customers and other third parties to allow your Brand Data to be collected, used and disclosed in the manner contemplated by this Agreement and to grant Cxperia the rights set out in this Agreement.

5.3 Ownership and License

As between you and Cxperia, you retain all right, title and interest in and to the Brand Content you submit through the Services. By submitting Brand Content through the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute and display Brand Content in connection with the Services.

5.4 Prohibited Content

You agree that you will not upload or use in connection with the Services any prohibited content including content that:

  • Contains false or misleading ingredient information
  • Violates cosmetic regulations or safety requirements
  • Contains graphic or gratuitous violence
  • Conveys a message of hate against any individual or group
  • Is predatory in nature, or is submitted for the purpose of harassment or bullying
  • Is highly repetitive and/or unwanted including "Spam" messages
  • Promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual
  • Constitutes or promotes information that you know is false or misleading or promotes illegal activities
  • Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person

Cxperia may, but is not obligated to, review Brand Content for compliance with this Agreement. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions including removing the offending content without prior notice, terminating or suspending your Accounts or access to the Services and/or reporting such content or activities to law enforcement authorities. Repeated violations may result in account suspension or termination.

6. Glowies Loyalty Currency and Redemption System

6.1 Nature of Glowies

Glowies are a proprietary virtual loyalty currency with no cash value. Glowies are not property, cannot be sold, transferred, or exchanged for cash, and do not constitute a security or financial instrument. Cxperia may modify, suspend, or terminate the Glowies system at any time without liability.

6.2 Brand Responsibility for Redemption Offers

Brands are solely responsible for all aspects of redemption offers, including:

  • Fulfillment, quality, and delivery of all rewards
  • Customer service, returns, and refunds for redeemed offers
  • Compliance with consumer protection laws and regulations
  • Accuracy of offer descriptions, terms, and conditions
  • Maintaining adequate stock levels and honoring all redemptions
  • Tax obligations related to rewards provided

Important: Cxperia acts solely as a technology platform to facilitate the redemption process. Cxperia is not a party to any transaction between Brands and End-Consumers and assumes no liability for unfulfilled, expired, or misleading redemption offers.

6.3 System Changes

Cxperia reserves the right to change Glowies award rates, tier requirements, redemption values, or any aspect of the loyalty system with 30 days' notice to Brands. Brands are responsible for communicating any material changes to their End-Consumers.

7. Compliance with Laws

7.1 Compliance with Laws

You represent and warrant that your use of the Services will comply with all Applicable Laws. It is your responsibility to determine whether the Services meets your obligations under any Applicable Law. Cxperia will not be liable if the Services do not meet your requirements under Applicable Law.

7.2 Cosmetic Regulations

If you are a Brand, you are solely responsible for ensuring that all product information, ingredient lists, claims, and content you submit through the Services comply with applicable cosmetic regulations, including but not limited to:

  • EU Cosmetics Regulation (EC) No 1223/2009
  • French cosmetic regulations and requirements
  • FDA regulations (21 CFR Parts 700-740) for products sold in the United States
  • Other local cosmetic regulations in jurisdictions where your products are sold or marketed

While Cxperia provides access to an INCI ingredient database and tools to assist with compliance, Cxperia does not guarantee that your use of the Services will result in compliance with any cosmetic regulations. You should consult with qualified legal and regulatory experts to ensure compliance.

8. Security

8.1 Security Measures

Cxperia will implement appropriate technical and organizational measures to protect Brand Content (including personal information), taking into account the cost of implementation and the nature, context, scope and purposes of the processing. However, you understand that:

  • No security system is impenetrable or guaranteed to be 100% secure
  • We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or access your Brand Data or Brand Content
  • Use of the Services necessarily involves transmission of the Brand Data or the Brand Content over networks that are not owned, operated or controlled by us
  • We are not responsible for any of your Brand Data or Brand Content lost, altered, intercepted, copied or stored across such networks

8.2 Security Vulnerabilities

Cxperia is committed to maintaining the security of the Services, Brand Data and Brand Content and understands the importance of working with the security community to identify and resolve security vulnerabilities. If you become aware of a security vulnerability, please promptly notify us at security@cxperia.fr and provide us with as much information as possible about its nature and scope.

8.3 Security Breach

If you become aware of any security breach in the Services, such as a loss or unauthorized use, disclosure of personal information in association with the services, you will promptly notify us. If you are a Brand, Cxperia will notify you without undue delay on learning of an incident involving any loss of or unauthorized access to or disclosure of any personal information of which you are the controller.

9. Third-Party Services

9.1 Third-Party Services

The Services contain features or functionalities designed to interact and/or integrate with software, applications or services that are provided by third parties ("Third-Party Services"), including but not limited to: payment processors, email service providers, cloud storage providers, and analytics services. To use these features or functionalities, you may be required to access or purchase Third-Party Services.

9.2 Responsibility

If you use, access or purchase Third-Party Services through the Services, you do so at your own risk. We are not responsible for any Third-Party Services or for any act or omission of any Third-Party Service provider. Cxperia does not own, operate or endorse any Third-Party Services and does not warrant any Third-Party Services.

10. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THAT WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, CXPERIA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES NOT SET OUT IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You shall indemnify, defend and hold harmless Cxperia and its affiliates, parents, subsidiaries, licensors and partners and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns ("Indemnified Entities") from and against any claim, demand, or proceeding brought by a third party against Cxperia or its Indemnified Entities relating to:

  • Brand Content or Brand Data
  • Actual or alleged violation of this Agreement
  • Actual or alleged violations of Applicable Law, including any violations of your obligations of privacy to any person
  • Violations of your obligations to your customers relating to your loyalty reward program (such as Glowies balances or redemption offers) as may be managed by the Services
  • Product liability claims related to products or ingredients you list on the Platform
  • Regulatory compliance failures related to cosmetic regulations

12. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL CXPERIA, OR ITS INDEMNIFIED ENTITIES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER FOR ANY: (I) LOSS OF USE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES; (II) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA; OR (III) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES.

IN NO EVENT WILL CXPERIA BE LIABLE FOR ANY THIRD-PARTY SERVICES, ACTIVITIES OF THIRD PARTIES, ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, THEFT OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNTS OR THE INFORMATION CONTAINED IN YOUR ACCOUNTS, INCLUDING USER CONTENT.

IN NO EVENT WILL CXPERIA OR ITS INDEMNIFIED ENTITIES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, IN THE AGGREGATE, FOR AN AMOUNT EXCEEDING THE LOWER OF: (I) €10,000; AND (II) THE FEES ACTUALLY PAID OR PAYABLE BY YOU TO CXPERIA FOR THE SERVICES IN THE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGES AROSE.

13. Term and Termination

13.1 Term

This Agreement will commence on the date you, or any of your Users, first access the Services and will terminate when Cxperia provides you with written notice that it is terminating this Agreement. Where a Subscription Term renews in accordance with your Selected Subscription Plan, it will be at the Service Fees or any increased rate provided that Cxperia has given you notice of such increase no less than 60 days prior to the renewal date.

13.2 Suspension and Termination Rights

We reserve the right to immediately suspend your access to or terminate the Services in our sole discretion, including where you breach this Agreement or Applicable Law or fail to pay fees when due.

13.3 Effect of Termination

Upon expiration or other termination of the Selected Subscription Plan for any reason, your right to access and use the Services described in the Selected Subscription Plan will terminate.

13.4 Return of Brand Data

At the end of the Subscription Term, if you are a Brand, you will be entitled to extract certain Brand Data of your customers, including customer information, Glowies balances, redemption history, and analytics data, for a period of thirty (30) days following termination. Enterprise plan customers will have ninety (90) days to extract data. The Brand Data will be in a format determined by Cxperia. Following this period, Cxperia will retain Brand Data for a maximum of 90 days for backup and recovery purposes, after which all Brand Data will be permanently deleted unless required by law to retain it longer. Cxperia will have the right to delete all Brand Content and Brand Data at any time after the retention period and cancel your Accounts with us.

14. General

14.1 Force Majeure

We will not be responsible for failure or delay in our performance under this Agreement due to causes beyond our control, including labor disputes, strikes, wars, riots, terrorism, criminal acts of third parties, acts of God or governmental action.

14.2 Entire Agreement

This Agreement represents the entire understanding between the parties with respect to the subject matter of this Agreement.

14.3 Assignment

You may not assign this Agreement, nor any of the rights or obligations arising thereof, in whole or in part, to any third party without our prior written consent. We may assign this Agreement, in whole or in part, including any rights or obligations under this Agreement, in our sole discretion.

14.4 Waiver and Severability

A waiver of any term of this Agreement is effective only if it is in writing and signed by Cxperia and is not a waiver of any other term. If any term of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect, invalidate or render unenforceable: (i) any other term of this Agreement; or (ii) the same term in any other jurisdiction.

14.5 Governing Law and Jurisdiction

This Agreement is governed by and is to be construed in accordance with the laws of France, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods. You will bring any action or proceeding arising from or relating to this Agreement only in the courts located in Paris, France and you irrevocably submit to such exclusive jurisdiction and venue.

14.6 Contact Information

If you have any questions about this Agreement or if you wish to provide any feedback with respect to the Services, please contact us at: