easy beauty expert terms of use

 

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH CHARLOTTE TILBURY BEAUTY INC. AND YOU SHOULD REVIEW IT CAREFULLY.

 

1.              INTRODUCTION

1.1            These Easy Beauty Expert Terms of Use operated by Charlotte Tilbury Inc. (the “Terms of Use”), along with the Website Terms of Use and App End User Agreement for our website and app (available here, together with the Terms of Use, the “Terms”), set out the terms and conditions for your use of our Easy Beauty Expert AI Chatbot Assistant on our website and app (the “AI Assistant”).

1.2            You should read all of the Terms carefully before you use the AI Assistant, which is an in-development artificial intelligence tool. If you do not agree with anything in the Terms, you should not use the AI Assistant. By submitting a prompt to the AI Assistant, you are confirming you have read and agree with these Terms of Use, our Website Terms of Use and our App End User Agreement. We recommend that you print a copy of these terms for future reference.

1.3            We are Charlotte Tilbury Inc, a company registered in Delaware with company registration number 5493834 whose address is at 148 Lafayette Street, 2nd Floor, New York, NY 10013 (referred to in these Terms of Use as “CTBI”, “we”, “us” or “our”).

1.4            You must be at least 18 years old to use the AI Assistant. By proceeding, you confirm you are at least 18 years old. 

 

2.              COMMUNICATIONS BETWEEN US

2.1            Should you have any questions about these Terms of Use or if you wish to contact us for any reason, please use our Contact Us pages.

 

3.              USE OF THE AI ASSISTANT

3.1            You should note that the AI Assistant is an in-development artificial intelligence tool which generates outputs based on your input and other data points available to it. It combines third-party artificial intelligence technology with our product range to help identify a selection of products that may be suitable for you, based on the information you input. When you interact with the AI Assistant, you are not interacting with a human. If you have any questions or concerns about the AI Assistant or what it can be used for, you should Contact Us.

3.2            The AI Assistant is in development. We cannot guarantee the accuracy and/or the completeness of any information provided. The AI Assistant may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by the AI Assistant before taking any action or making any decisions based on the information received and we assume no responsibility or guarantee for the accuracy or completeness of any information provided.

3.3            The AI Assistant is designed to provide general beauty recommendations based on your user profile and the input you provide to it, and it does not replace professional advice. It does not give medical advice, diagnosis or treatment. Do not rely on any output of the AI Assistant for medical, financial or other professional advice.

3.4            The AI Assistant may from time to time provide you with recommendations for products available on our website. Please note these are suggestions only and you should do your own research before making a purchase based on a recommendation by the AI Assistant. Please always review any recommended product’s official information page on charlottetilbury.com for full ingredient disclosures and substantiated claims.

3.5            We have tried to make the AI Assistant as accessible as possible. If you have any problems using the AI Assistant, please Contact Us.

3.6            We license use of the AI Assistant to you on the basis of these Terms of Use. We do not sell the AI Assistant to you.

 

4.              GRANT, SCOPE AND RESTRICTIONS OF LICENCE

4.1            Provided that you comply with these Terms of Use, we give you a licence to use the AI Assistant on the terms of these Terms of Use and solely for the purposes set out in these Terms of Use. The licence is free of charge, and we can revoke it at any time. You cannot transfer or sublicense the licence to anyone else, and we can licence it to others. 

4.2            You may use the AI Assistant for your personal, non-commercial purposes only within the context of obtaining general beauty recommendations and general information about our products. You can only use the AI Assistant personally and should not allow others to use the AI Assistant acting as you.

4.3            You agree that you will not at any point:

•       copy the AI Assistant, except as part of the normal use of the AI Assistant or where it is necessary for the purpose of back-up or operational security;

•       rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the AI Assistant nor permit the AI Assistant or any part of it to be combined with, or become incorporated in, any other programs;

•       disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the AI Assistant nor attempt to do any such things without prior written consent from us; 

•       provide, or otherwise make available, the AI Assistant in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

 

5.              INTELLECTUAL PROPERTY RIGHTS

5.1            Other than any feedback or suggestions which you provide to us, you will continue to own your content which you upload or input into the AI Assistant (“Your Content”). You give us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, modify, store, transmit, display and publish Your Content as is required to provide and improve the AI Assistant. You must only upload or input content that you have the right to upload or input for these purposes.

5.2            You agree that you give to us full ownership, including intellectual property rights in and to, any feedback or suggestions you provide to us. If we do not automatically receive ownership of the feedback, you will assist us in transferring ownership of the feedback to us.

5.3            You acknowledge that all intellectual property rights in the AI Assistant throughout the world belong or are licensed to us. This includes, but is not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind. This means, for example, that we remain owners of those rights and are free to use them as we see fit.

5.4            You acknowledge that rights in the AI Assistant are licensed (not sold) to you, and that other than the right to use the AI Assistant in accordance with the terms of these Terms of Use, you have no intellectual property rights in, or to, the AI Assistant or the trade marks used in connection with the AI Assistant.

5.5            You acknowledge that you have no right to have access to the AI Assistant in source code form other than as expressly provided in these Terms of Use.

5.6            We are the owner or the licensee of all intellectual property rights in the AI Assistant, and in the material which is generated by or published through it (excluding Your Content and your personal data). Those works are protected by copyright laws and treaties around the world. We reserve all such rights.

5.7            You must not use any part of the content from the AI Assistant for commercial purposes without obtaining a licence to do so from us.

5.8            If you use any part of the AI Assistant’s content in breach of these Terms of Use, your right to use the AI Assistant will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print a copy of these Terms of Use).

5.9            You acknowledge and agree that we can use Your Content on an anonymised basis (meaning it cannot identify you) and also aggregated data concerning or derived from Your Content to develop, improve and train the AI Assistant further and improve its responses and performance.

 

6.              NO DATA SCRAPING

6.1            You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the AI Assistant for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

•       any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same; or

•       any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

 

7.              YOUR CONTENT & ACCEPTABLE USE

7.1            You should not use the AI Assistant to upload any sensitive information about you or anyone else. In particular, this means you should not share or attempt to share any health or medical information with the AI Assistant.

7.2            You confirm that you are the owner of Your Content and you have all the rights and permissions needed to upload it to the AI Assistant. You also confirm that you providing Your Content to us via the AI Assistant will not infringe the rights including intellectual property rights of any third party.

7.3            As a condition of your use of the AI Assistant, you agree not to:

•       submit any material to the AI Assistant: (a) that is illegal, defamatory, offensive, discriminatory, obscene, inappropriate or otherwise objectionable; (b) which you don’t have permission to submit or which is not about you, or which is otherwise misleading or fraudulent such as impersonating someone else; or (c) which is not relevant to the intended use of the AI Assistant, namely to obtain recommendations for our beauty products and/or services;

•       conduct illegal or immoral activities using the AI Assistant;

•       deliberately attempt to prompt the AI Assistant into generating responses which may be offensive and cause harm or reputational damage;

•       use the AI Assistant in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, such as spamming the AI Assistant or submitting excessive messages; or

•       attempt to compromise the security of the AI Assistant or our systems, misuse or attack the AI Assistant, access confidential information related to it, collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the AI Assistant.

7.4            While we try to make sure that the AI Assistant is secure, we do not actively monitor or check whether information supplied to us through the AI Assistant is confidential, commercially sensitive or valuable. We will handle any content you provide to the AI Assistant as though it is non-confidential information – i.e. as though it is information that is in the public domain and which we have permission to disclose.

 

8.              LIMITATIONS

8.1            We only provide the AI Assistant for domestic, non-commercial purposes. You agree not to use the AI Assistant for any commercial or business purposes, and we will have no responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.2            The version of the AI Assistant you are currently accessing is still in development. It is a digital tool powered by third party artificial intelligence technology. While we strive to ensure responses are relevant, we cannot guarantee the accuracy, truthfulness, reliability, integrity, quality or completeness of the information provided. In some cases, responses generated may be unreliable, inaccurate or offensive to some users. Any reliance that you may place on AI Assistant responses is entirely at your own risk.

8.3            The following applies in addition to other exclusions set out in the Terms, including those exclusions set out in the Website Terms of Use and App End User Agreement. You agree and acknowledge that we are not liable to you for any loss or damage that was not foreseeable, or any loss or damage not caused by our breach or negligence. For example, this means that we are not responsible for losses you suffer caused by us breaching these Terms of Use if the loss is:

•       Unexpected. It was not obvious that it would happen and nothing you said to us before you started using the AI Assistant meant we should have expected it (so, in the law, the loss was unforeseeable).

•       Caused by an event outside our control. This means any event we’re not responsible for, such as fire, natural disaster, pandemics, war, Internet or other utility outages.

•       Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own device, which was caused by digital content we supplied and which you could have avoided by following our advice or instructions or having the minimum system requirements advised by us.

8.4            You understand the AI Assistant is software which we may update and which may from time to time contain errors or other bugs. We will not be liable for damage that you could have avoided by following our advice in the use of the AI Assistant, or for damage that was caused by you failing to correctly follow instructions or to have in place the minimum requirements advised by us.

8.5            We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 

9.              UPDATES AND TERMINATION

9.1            We may update or amend these Terms of Use from time to time to reflect changes to applicable laws or regulations, the underlying technology, our business requirements, our products or our customers’ needs. It is your responsibility to check these Terms of Use for changes prior to use. We will try to give you notice of any major changes to these Terms of Use. Any updates or amendments will be posted on the website. By continuing to use the AI Assistant after this notice, you agree to be bound by the terms of the updates and amendments.

9.2            The AI Assistant is provided free of charge. We have the right to modify, suspend or discontinue your access to the AI Assistant, at any time for business or operational reasons. We do not guarantee that the AI Assistant, or any content from it, will always be available or be uninterrupted.

9.3            Upon termination of these Terms of Use or the AI Assistant for any reason:

•       all rights granted to you under these Terms of Use, including the right to use the AI Assistant, shall cease; and

•       you must cease all activities authorised by these Terms of Use.

 

10.           HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1         The AI Assistant does not require you to input any personal data. In particular, please don’t provide the AI Assistant with information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, sexual orientation, criminal offences or convictions.

10.2         We have included controls in the AI Assistant to help prevent and mitigate against you providing any such irrelevant personal data, but it is your responsibility not to do this.

 

11.           PRIVACY

11.1         Any personal information that you provide to us will be handled in line with our Privacy Policy here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information.  By using this AI Assistant you acknowledge you have read and understood our Privacy Policy.

11.2         Your chat history will be recorded and stored by us and will be accessible to members of the Charlotte Tilbury group and our trusted third-party service providers to improve this tool and for other purposes outlined in our Privacy Policy.

11.3         Please do not share sensitive information like health or financial details or anything else you do not wish for us to know.

 

12.           MANDATORY AND BINDING ARBITRATION / NO CLASS ACTIONS / WAIVER OF JURY 

12.1         Before either your or CTBI may file a claim against the other, both you and CTBI agree to first try to participate in good faith informal efforts to resolve disputes, which may take place telephonically. If informal dispute resolution is unsuccessful, the parties agree to participate with good faith in arbitration proceedings. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the American Arbitration Association (AAA) Rules (“AAA Rules”). The party electing arbitration must notify the other of such election. This notice may be given before or after a lawsuit has been filed concerning the claim or with respect to other claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit such as a motion to compel arbitration. If you elect to initiate arbitration you must notify us in writing.

12.2         Your notice must be sent to Charlotte Tilbury Beauty Inc. - Attn: Legal, 148 Lafayette Street, 2nd Floor, New York, NY 10013. If we commence arbitration, we will notify you in writing at your last known address on file or, if we do so by moving to compel arbitration in a case you have brought in court, we will notify you by providing service of process as required by the rules of the applicable jurisdiction.

12.3         To the maximum extent permitted by applicable law, you and CTBI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to these terms and your purchases (if any) under the AAA Rules.

12.4         Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in New York, New York, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the AAA. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

• The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;

• The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties;

• Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and

• Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

12.5         You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the AI Assistant:

• You are giving up your right to have a trial by jury;

• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and

• You must file any claim within one (1) year after such claim arose or it is forever barred. If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.

12.6         This agreement to arbitrate will not preclude you or CTBI from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or CTBI from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of CTBI’s intellectual property rights.

12.7         Special Additional Procedures for Mass Arbitration:

• If twenty-five (25) or more similar claims are asserted against CTBI by the same or coordinated counsel or are otherwise coordinated, such claims are mass arbitration claims subject to this Section, and you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether batching process and application of the AAA Mass Arbitration Supplementary Rules, as amended from time to time. If any dispute arises between the general AAA Consumer or Commercial Rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. A court shall have authority to enforce this and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against CTBI in violation thereof.

• At the outset of such disputes, you and CTBI agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the AAA Mass Arbitration Supplementary Rules, as well as disagreements concerning the validity, enforceability, and applicability of these Terms, and any other matters that the parties mutually agree to delegate.

• Should the Process Arbitrator determine that any or all cases may proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of a batching process. The remaining cases shall be placed in abeyance until they are selected to proceed to individual arbitration proceedings pursuant to this provision. During the batching process, you and CTBI agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, CTBI and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first batch of cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second batching process. The parties may, but are not required to, agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, CTBI and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first two (2) batches of cases. If the parties have not resolved the remaining disputes at the close of the second global mediation, CTBI or any individual claimant(s) whose demand has not been adjudicated, may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or CTBI wishes to proceed with the claim they may file an individual, non-class action in court. If CTBI or any claimant(s) do not opt out, those remaining claims will proceed in arbitration in continued batches of one-hundred (100) demands per batch (to the extent there are fewer than one-hundred (100) demands outstanding, a final batch will consist of the remaining demands). In order to increase the efficiency of administration and resolution of arbitrations, and if consistent with the relevant rules and procedures, the arbitration provider shall: (i) designate a single arbitrator for each batch; and (ii) provide for a single filing fee due per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate.

• You agree to cooperate in good faith with CTBI and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. CTBI does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section. The statute of limitations and any filing fee deadlines shall be tolled for each demand subject to this Section from the time that the AAA filing requirements are satisfied with respect to that demand.

12.8         Costs of Arbitration:

• Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement (the “Arbitration Agreement” being the provisions of these Terms of Use which concern arbitration and dispute resolution).

• If the value of the relief sought is $75,000 or less, at your request, we will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. This offer is not applicable if your claim is one of more than five (5) similar claims asserted against us where representation is consistent or coordinated across the cases, as further defined above. Any payment of attorneys’ fees will be governed by the AAA Rules. If the arbitrator finds that either the claim(s) or the relief sought are frivolous or were brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11), then the respondent may seek fee- and/or cost-shifting.

12.9         Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

12.10      Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.

12.11      Future Changes to this Arbitration Agreement: Notwithstanding any provision in these Terms of Use to the contrary, if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have an account with us, you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use).

13.           OTHER IMPORTANT TERMS

13.1         We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

13.2         Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

13.3         If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.4         If you are located in the United States of America, these Terms are governed by the laws of the State of New York, without regard to the conflicts of laws principles thereof. In all other cases, these terms are governed by English law and in the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we agree that the courts of England will have exclusive jurisdiction.

 

June 2025