Terms of Service
Last Updated: September 22, 2026
Overview
Welcome to Rootist. These Terms of Service ("Terms") are an agreement between you and The Rootist Inc ("Rootist," "we," "our," or "us"). They apply when you visit rootist.com or any site or page we operate that links to them, buy or subscribe to our products, join our email or text programmes, write a review, or contact our customer care team (together, the "Services").
These policies are part of these Terms and apply alongside them: our Privacy Policy, Return & Refund Policy, Shipping Policy, Subscription Terms and Cancellation Policy, and Mobile Terms of Service. Where one of those policies, or the published rules of a particular offer or promotion, covers a subject more specifically than these Terms, that policy or those rules govern that subject.
By using the Services or placing an order, you agree to these Terms. If you do not agree, please do not use the Services.
PLEASE READ SECTION 23 CAREFULLY. IT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS AS SECTION 23 DESCRIBES, MOST DISPUTES BETWEEN YOU AND ROOTIST WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT.
1. Who can use Rootist
- You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account, place an order, start a subscription, or join our text programme.
- Someone younger may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms and is responsible for that person's use of the Services. If you are a parent or guardian and believe your child is using the Services without your consent, email hello@therootist.com.
- You may buy from us only for your own personal, family, or household use, or as a gift. Products bought from us may not be resold.
2. Your account
You can shop as a guest or create an account. If you create one, you agree to give us accurate information and keep it up to date; keep your sign-in details to yourself and not let anyone else use your account; and tell us promptly at hello@therootist.com if you think someone has used your account without your permission. You are responsible for activity on your account. You may not transfer, sell, or assign your account to anyone else.
3. Our products and how to use them
- Rootist products are cosmetics. They are not drugs, and nothing on the Services is intended to diagnose, treat, cure, or prevent any disease.
- Information on the Services, including product descriptions, articles, and anything our customer care team tells you, is general information. It is not medical advice and does not replace advice from a doctor, dermatologist, or other qualified professional. If you have a scalp or skin condition, are pregnant or breastfeeding, or are under a doctor's care, talk to a qualified professional before using any new product.
- Before you use a product for the first time, read the full ingredient list on the product page or packaging, and do a patch test 24 to 48 hours before first use: apply a small amount to a small area of skin and check for any reaction before using the product more widely. Do not use a product if you are allergic or sensitive to any of its ingredients. Stop using it and seek advice if irritation, redness, or discomfort develops.
- Use products only as directed on the label. They are for external use only. Avoid contact with the eyes; if contact occurs, rinse thoroughly with water. Keep products out of the reach of children.
- Everyone's hair and scalp are different, so individual results vary. Reviews and testimonials describe one person's experience and are not a promise of the result you will get.
- We work to show our products accurately, but colours, textures, and packaging may look different on your screen, and packaging may change over time.
4. Orders, pricing, and errors
- When you place an order, you are offering to buy the products in it. We accept your order when we ship it or when we tell you it has been accepted. We may decline, limit, or cancel any order, including if we suspect fraud or resale, if a product is unavailable, or if the order breaks these Terms. If we cancel an order after charging you, we refund what you paid for the cancelled part.
- We may limit the quantity of any product per order, account, payment method, person, or household, and we may discontinue any product at any time.
- Prices, product descriptions, availability, and promotions can change at any time. The price you pay is the price in effect when you place your order, as shown at checkout and in your order confirmation.
- Despite our care, the Services may occasionally contain an error in a price, a description, a promotion, a shipping charge, or availability. If we find such an error affecting your order, we will tell you, and we may correct it, or cancel the order and refund you, even after you have placed it. If the correct price is higher than the price shown, we will not charge you the higher price without your agreement.
- If you want to change or cancel an order, email hello@therootist.com as soon as you can. We will try to help, but once an order has been processed we may not be able to change or cancel it.
5. Payment and taxes
- Prices are in US dollars. Unless we say otherwise, they do not include sales tax or shipping, which are calculated and shown at checkout before you pay.
- You agree to give current, complete, and accurate payment information, and you confirm that you are authorised to use the payment method you provide. You authorise us and our payment processors to charge that payment method for your order, including sales tax and shipping.
- If you save a payment method, we may receive updated details for it (such as a new expiry date) from your card issuer or our payment processors, and we may use the updated details for charges you have authorised, including subscription renewals.
6. Subscriptions
Some products can be bought as a subscription (shown as "Subscribe & Save" or "Auto Replenish"). Our Subscription Terms and Cancellation Policy sets out the full terms, and it governs if anything here differs from it. In summary:
- A subscription is a recurring order. It renews automatically at the delivery interval you choose, and we charge your saved payment method at each renewal, until you cancel.
- You authorise us and our payment processors to charge each renewal to your saved payment method, at the product price in effect at the time of that renewal plus any applicable tax and shipping, as described in the Subscription Terms.
- If we change the price of a subscription product, we will tell you before the first renewal charged at the new price, and that notice will tell you how to cancel.
- You can change, skip, pause, or cancel at any time, for any reason, with no fee. Subscriptions are managed through our subscription partner, Recharge: use the customer portal link in any subscription email, the online management page described in the Subscription Terms, or email hello@therootist.com. We will never require you to call us or post anything to cancel.
- A cancellation stops future renewals. An order that has already been charged or shipped is treated like any other order and can be returned under our Return & Refund Policy.
- If a renewal payment fails, we may retry it, ask you to update your payment method, or pause the subscription until payment succeeds. We will not ship a renewal that has not been paid.
- If a subscription was started with an introductory offer, the offer's terms (including how long the introductory price lasts) are shown when you sign up. When the offer ends, the subscription continues at the regular subscription price unless you cancel before then.
7. Discount codes and promotions
- Unless an offer says otherwise, only one discount code can be used per order.
- Each code is valid only for the period, products, and customers stated when it is offered. Codes expire on the date stated in the offer, or, if no date is stated, when we end the offer. Expired codes cannot be used.
- Welcome or first-order offers are limited to one per customer and are for new customers only. Codes are for personal use: they may not be sold, traded, or published without our permission, and a code that has been shared or obtained outside the channel we issued it through may be refused.
- Discount codes have no cash value, cannot be exchanged for cash or credit, and cannot be applied to an order after it has been placed.
- If you return an item bought with a discount, your refund is the amount you actually paid for that item.
- We may refuse or cancel a code, or an order that uses one, where the code was used in breach of its terms or of these Terms, or was issued in error.
- Sweepstakes, contests, giveaways, and similar promotions have their own official rules. If those rules conflict with these Terms, the rules govern that promotion.
8. Shipping and delivery
Where we ship, what shipping costs, and how long it takes are set out in our Shipping Policy. Delivery times are estimates provided by carriers and are not guaranteed. Title to the products, and the risk of their loss, pass to you when we hand your order to the carrier. That does not limit anything our Shipping Policy or Return & Refund Policy promises for orders that are lost, delayed, or arrive damaged: if that happens, contact hello@therootist.com and we will work with you to put it right.
9. Returns and refunds
Returns, refunds, and damaged or incorrect items are handled under our Return & Refund Policy. Products bought from other retailers or marketplaces, including Amazon, are returned under that seller's policy, not ours.
10. Text messages and email
- Our text messaging programme is governed by our Mobile Terms of Service. We text you only if you ask us to. Agreeing to receive marketing texts is not a condition of buying anything. Message frequency varies, with no more than 10 marketing messages a month. Message and data rates may apply. Reply STOP to any text to opt out, or HELP for help. Mobile carriers are not liable for delayed or undelivered messages.
- When you place an order or start a subscription, we send you messages about it, such as order confirmations, shipping updates, and subscription notices. These are part of providing the Services.
- If you sign up for marketing emails, you can unsubscribe at any time using the link in any marketing email.
- How we use your contact details is described in our Privacy Policy.
11. Reviews, photos, and other content you share
The Services may let you post or send us reviews, ratings, questions, photos, videos, and other content, including content you tag or share with us on social media ("Your Content").
- You keep ownership of Your Content. By posting or sending it to us, you grant Rootist, and anyone we authorise, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable licence to use, reproduce, adapt, publish, translate, distribute, display, and create derivative works from Your Content, together with the name or username you post it under, in any media now known or later developed, including in our advertising and marketing, without payment to you. To the extent the law allows, you waive any moral rights in Your Content. We will ask for your permission separately before using content you post only on your own social media accounts in our paid advertising.
- Your Content must be honest and reflect your own genuine experience with the product. If you received anything of value in connection with it (for example a free product, a discount, or payment), you must say so clearly.
- You confirm that you own or have the rights needed to grant this licence, and that you have the permission of anyone who is identifiable in Your Content.
- Your Content must not be unlawful, defamatory, obscene, harassing, threatening, hateful, or fraudulent; infringe anyone's intellectual property, privacy, or publicity rights; impersonate anyone; contain someone else's personal information without their consent; contain spam, advertising, or political campaigning; or contain viruses or other harmful code.
- We are not obliged to review Your Content, but we may moderate it against these standards and remove or decline to post content that breaks them. We do not remove or suppress reviews because they are negative. We may also cooperate with law enforcement or a court order that requires us to disclose information about someone who posted content.
12. Feedback
If you send us ideas, suggestions, or other feedback about Rootist or our products ("Feedback"), we may use it for any purpose, including to develop products and services, without owing you payment or credit, and we may treat it as non-confidential.
13. Intellectual property
The Services and everything on them, including text, images, photographs, video, graphics, product names, and the design and arrangement of the site, are owned by Rootist or its licensors and are protected by copyright, trademark, and other laws. Rootist, BioBrew, and the Rootist logos, product names, and brand marks are trademarks of Rootist and may not be used without our prior written permission. Other trademarks on the Services belong to their owners, and mentioning them does not mean they endorse us or we endorse them.
We give you a limited, personal, non-exclusive, non-transferable, revocable permission to use the Services for your own non-commercial shopping. You may not copy, reproduce, distribute, modify, publicly display, or create derivative works from any part of the Services without our prior written permission, except as the law allows.
14. Copyright complaints
We respect intellectual property rights. If you believe material on the Services infringes your copyright, send a notice to hello@therootist.com with "Copyright notice" in the subject line, or by post to The Rootist Inc, Attn: Legal Department, 1111 MacArthur Blvd, Mahwah, NJ 07430, including: your contact details; a description of the copyrighted work; where the material you believe infringes it appears on the Services; a statement that you believe in good faith that the use is not authorised; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. We may remove material that is the subject of a valid notice, and we may terminate the accounts of users who repeatedly infringe.
15. Prohibited uses
You may use the Services only for lawful purposes and as these Terms allow. You may not:
- break any law or anyone else's rights, or use the Services to harass, abuse, threaten, or defame anyone, including our team;
- give false information, impersonate anyone, or use another person's account or payment method without permission;
- buy products for resale, or resell or commercially exploit any part of the Services;
- misuse discount codes, promotions, or our returns process;
- scrape, crawl, or use bots or other automated means to access or collect data from the Services, other than search engines indexing public pages in line with our robots.txt file;
- copy, modify, or reverse-engineer the Services, remove any proprietary notices, or get around any security or access controls;
- upload viruses or other harmful code, or do anything that could damage, overload, or interfere with the Services or anyone else's use of them;
- send spam or other unsolicited commercial messages; or
- link to or frame the Services in a way that suggests we endorse or are associated with you, or that harms our reputation.
We may suspend or close your account, cancel orders, or restrict your access if we reasonably believe you have broken these Terms.
16. Third-party links, tools, and services
The Services may link to, embed, or rely on websites, tools, and services run by others, such as payment processors, our subscription portal, delivery tracking, and social media platforms. We do not control them and are not responsible for their content, products, or privacy practices. Your use of them may be governed by their own terms and policies, and questions or complaints about a third party's product or service should go to that third party.
17. Our relationship with Shopify
Rootist is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Rootist. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rootist, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Rootist.
18. Privacy
Our Privacy Policy explains how we collect, use, and share personal information. Because our store and checkout run on Shopify, Shopify also processes personal information about your use of the Services in order to provide them, as described in Shopify's own privacy policy. You confirm that the information you give us is accurate.
19. Disclaimer of warranties
Except as expressly stated in these Terms, on a product's label, or in our Return & Refund Policy, and to the fullest extent permitted by law, the Services and all products and content made available through them are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses, or that information on them is complete or current. This section does not affect any warranty that cannot be excluded or limited under the law that applies to you.
20. Limitation of liability
- To the fullest extent permitted by law, neither Rootist nor its affiliates, officers, directors, employees, agents, licensors, or service providers (together, the "Rootist Parties") will be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to these Terms, the Services, or any product, under any theory of liability, even if we were told such damages were possible.
- To the fullest extent permitted by law, the Rootist Parties' total liability for any claim arising out of or relating to these Terms, the Services, or any product is limited to the greater of US$50 or the amount you paid us for products in the six months before the event giving rise to the claim.
- Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, for our gross negligence, fraud, or intentional misconduct, or for any other liability that cannot be limited or excluded under the law that applies to you.
21. Indemnification
To the fullest extent permitted by law, you will indemnify and hold harmless the Rootist Parties, and Shopify and its affiliates, from any third-party claims, losses, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) Your Content or Feedback, (c) your violation of any law or of anyone else's rights, or (d) your misuse of the Services. We will notify you of any claim we ask you to cover, may control its defence, and will not settle it in a way that requires anything of you other than payment without your consent.
22. Release
To the fullest extent permitted by law, you release the Rootist Parties from claims and damages, known and unknown, arising out of disputes between you and other users or third parties, or out of the acts or omissions of third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
23. Dispute resolution and binding arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ROOTIST TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT; IT WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR TAKE PART IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT UNDER SUBSECTION (I).
(a) What this section covers. This section applies to any dispute, claim, or controversy between you and Rootist, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises out of or relates to these Terms, the Services, or any product, including privacy and data-security claims and disputes about the scope, validity, or enforceability of this section (a "Claim").
(b) Try to resolve it informally first. Before starting arbitration or a small-claims case, the party with a Claim must send the other a written notice (a "Claim Notice") that includes the sender's name, address, email address, and telephone number, describes the Claim and its basis, and states the relief sought. Send your Claim Notice by email to hello@therootist.com with "Legal notice" in the subject line, or by certified mail to The Rootist Inc, Attn: Legal Department, 1111 MacArthur Blvd, Mahwah, NJ 07430. We will send ours to the email or postal address you have given us. For 30 days after the Claim Notice is received, or longer if we both agree in writing (email is enough), we will both try in good faith to resolve the Claim. Limitation periods and filing-fee deadlines are paused during that period. Neither party may start arbitration until it ends.
(c) Exceptions. Either of us may bring an individual Claim in small-claims court if it qualifies and stays there on an individual basis. Either of us may go to court for Claims that relate only to the infringement or misuse of intellectual property rights, including to seek an injunction.
(d) Arbitration. All other Claims not resolved under subsection (b) will be resolved by final and binding individual arbitration before a single neutral arbitrator, administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures in effect when the Claim is filed, as modified by this section. If NAM tells the parties in writing that it is unavailable, the arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if you are not using the Services for personal, family, or household purposes, its Commercial Arbitration Rules). The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator decides all questions, including questions of arbitrability, and may award any individual relief a court could award, but only in favour of the individual party seeking relief and only to the extent needed to provide relief on that party's individual Claim.
(e) Procedure. Arbitration is conducted in English. For Claims under US$10,000, the arbitrator will decide on written submissions unless the arbitrator decides a hearing is needed. Other hearings take place by video or telephone unless the arbitrator decides an in-person hearing is necessary; any in-person hearing for a US resident will be held in Bergen County, New Jersey, or, if the arbitrator decides that would be a hardship for you, in the county where you live. The arbitrator will issue a reasoned written decision. An award applies only to that case and has no precedential effect in any other case, and judgment on it may be entered in any court with jurisdiction.
(f) Fees. Arbitration fees are paid as the applicable NAM or AAA rules provide.
(g) Confidential information. Both parties will cooperate to seek protection from the arbitrator for confidential, proprietary, or trade-secret information before it is exchanged.
(h) Mass filings. If 25 or more similar Claim Notices are sent by or with the help of the same or coordinated counsel ("Coordinated Claims"), they will be administered as follows. Limitation periods for Coordinated Claims are paused from receipt of a compliant Claim Notice until the claim may be filed under this subsection. Once counsel confirms in writing that all or substantially all Claim Notices have been sent, each side selects 15 claims to proceed first as individual bellwether arbitrations, each before a different arbitrator; no other Coordinated Claim may be filed, and no fees are owed on it, meanwhile. After the bellwether arbitrations, the parties will mediate all remaining Coordinated Claims together, with Rootist paying the mediator's fee; if counsel cannot agree on a mediator within 30 days, the arbitration provider appoints one. If 100 or more Coordinated Claims remain unresolved after mediation, any party may, by written notice within 30 days, elect to have the remaining Coordinated Claims resolved in court under Section 24 instead of in arbitration; in that court case, any class may include only claimants who sent a compliant Claim Notice. Otherwise, the arbitration provider will randomly select 50 remaining Coordinated Claims (or all of them, if fewer) to be arbitrated, and the process repeats until all are resolved. A court may enforce this subsection and may enjoin filings that do not comply with it.
(i) Opting out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing hello@therootist.com, with "Arbitration opt-out" in the subject line, with your full name, mailing address, and email address, and a clear statement that you want to opt out of arbitration. If you opt out, disputes will be resolved in court under Section 24. Opting out does not affect any other part of these Terms.
(j) Future changes to this section. If we change this Section 23 (other than a change to a notice address), you may reject the change by emailing hello@therootist.com within 30 days of it taking effect. A rejection applies to the change as a whole, and the most recent version of this section you have not rejected will continue to apply to you.
(k) Severability of this section. If any part of this Section 23 is found unenforceable, that part is severed and the rest of the section continues to apply, so that individual Claims are still arbitrated. If a Claim must proceed on a class, collective, or representative basis, it will be decided by a court under Section 24, not in arbitration, and that court case will be paused until any individual Claims in arbitration are decided. If any part of this section would prevent you from seeking public injunctive relief where the law says you may seek it in court, that part does not apply to that request.
24. Governing law and venue
These Terms, and any Claim, are governed by the laws of the State of New Jersey, except where federal law applies, without regard to conflict-of-law rules that would apply another jurisdiction's law. Any Claim that is not arbitrated under Section 23 and cannot be heard in small-claims court will be decided exclusively by the state courts located in Bergen County, New Jersey, or the federal courts located in Newark, New Jersey, and you and we consent to the jurisdiction of and venue in those courts. This section does not take away any protection given to you by the mandatory consumer-protection laws of the place where you live.
25. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top. If a change is material, we will give you notice in advance, for example by email or a notice on the site, and the notice will say when the change takes effect. Changes do not apply retroactively, and they do not apply to a Claim for which a Claim Notice was sent before the change took effect. Changes that affect a subscription apply to renewals after we have notified you. Your continued use of the Services after a change takes effect means you accept it.
26. Changes to the Services and ending this agreement
We may change, suspend, or stop any part of the Services at any time. You may stop using the Services at any time, and you may close your account by emailing hello@therootist.com. We may suspend or end your access to the Services if you break these Terms. You remain responsible for amounts due for orders and subscription renewals charged before your access ends. Sections 3, 5, and 7, and Sections 11 through 27, together with any other provisions that by their nature should continue, survive the end of this agreement.
27. General
- Severability. Except as Section 23(k) provides, if any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.
- No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of it.
- Entire agreement. These Terms, together with the policies and rules they refer to, are the entire agreement between you and us about the Services and replace any earlier versions and any other understandings on that subject.
- Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours, for example as part of a merger, acquisition, or sale of assets.
- Electronic communications. You agree that we may communicate with you, and that agreements, notices, and other communications may be provided, electronically.
- Export. You may not use or export products or the Services in breach of US export laws or sanctions.
- Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."
28. Contact us
Questions about these Terms, an order, or a product: hello@therootist.com. Please do not send card numbers or other sensitive information by email.
Legal notices, including arbitration Claim Notices, arbitration opt-outs, and copyright notices: hello@therootist.com with "Legal notice" in the subject line, or by post to Attn: Legal Department at the address below.
The Rootist Inc, 1111 MacArthur Blvd, Mahwah, NJ 07430, United States
California residents: under California Civil Code Section 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
