Terms & Conditions
1. Program Description
Perfumed Pages Nose Training Season 2 is a 12-month digital olfactory education program that includes: monthly curated material study pages, a reference library of 40+ materials, interactive digital tools (aroma wheels, accord-building tools, material reference tools), monthly live lectures, monthly workshops, and community access. Participants self-source physical materials; no physical kit is included. The program is delivered digitally via web-based platforms.
2. Enrollment & Payment
2.1 Pricing
- New participants: $600 (or 4 monthly installments of $150)
- Returning alumni: $495 (or 4 monthly installments of $124)
2.2 Payment Terms
All payments are processed via Paythen. By enrolling, you authorize recurring charges according to your selected payment schedule.
2.3 Failed Payments
If a scheduled payment fails:
- You will be notified via the email address on file and given 7 business days to update your payment method or resolve the issue.
- If the subsequent charge attempt after your correction also fails, your membership will be revoked and your access to all program materials will be terminated.
- No refunds will be issued for payments already made prior to revocation.
- Beauty is Power LLC reserves the right to pursue collection of any remaining balance owed under your payment plan.
3. Refund Policy
All sales are final. No refunds will be issued, including but not limited to:
- Change of mind or scheduling conflicts
- Inability to complete the program
- Dissatisfaction with program content
- Failure to access or use program materials during the access period
By enrolling, you acknowledge that you have reviewed the program description in Section 1, understand what is included, and accept these terms before payment.
3.1 International Participants — Cooling-Off Period
If you are located in a jurisdiction that provides a mandatory cooling-off or withdrawal period for digital purchases (including the European Union, United Kingdom, or Portugal), you may cancel your enrollment within 14 days of purchase for a full refund, provided that you have not accessed any program materials during that period. By accessing program materials within the 14-day cooling-off period, you expressly consent to the immediate provision of digital content and acknowledge that you waive your right of withdrawal.
The EU Consumer Rights Directive (which Portugal follows as an EU member) and UK Consumer Contracts Regulations both provide a 14-day withdrawal right for digital purchases, with an exception if the consumer explicitly consents to immediate digital delivery AND acknowledges the waiver. This language invokes that exception. Your lawyer should confirm it's properly structured for your delivery model — since materials go live immediately on enrollment, you likely qualify. Canada has no federal equivalent cooling-off period for digital goods, but some provinces have cooling-off provisions for certain online purchases — lawyer should confirm whether any apply here.
4. Account Use & Access
4.1 Individual License
Your enrollment grants a single, non-transferable license to one individual. You may not:
- Share your login credentials with any other person
- Allow another person to access program materials through your account
- Access the program using credentials that belong to another participant
4.2 Account Sharing Violations
If account sharing is detected (e.g., concurrent sessions from different locations, credentials found in use by a non-enrolled person), Beauty is Power LLC reserves the right to:
- Immediately revoke access without refund
- Pursue additional remedies under Section 5 (Intellectual Property) and Section 6 (Confidentiality)
5. Intellectual Property
5.1 Ownership
All program materials — including but not limited to curriculum structure, lesson content, written materials, reference pages, interactive tools and tool pages (e.g., aroma wheels, material reference tools, accord-building tools, and any other digital tools developed for the program), workshop formats, lecture recordings, and the overall program design — are the exclusive intellectual property of Beauty is Power LLC and Arabelle Sicardi. The tools developed for this program are original works and are protected as part of the curriculum.
5.2 License to Participants
Participants receive a limited, non-exclusive, non-transferable, revocable license to access and use program materials solely for personal educational purposes during the program access period (12 months from enrollment). This license does not include the right to:
- Copy, reproduce, or duplicate program materials in whole or in part
- Distribute, share, or make available program materials to any non-enrolled person
- Screenshot, screen-record, download, or otherwise capture materials beyond what the platform natively allows
- Translate, adapt, or create derivative works from program materials
- Use program materials for any commercial purpose
5.3 Technical Protection Measures
The program platform may employ technical measures to protect program materials, including but not limited to session monitoring, access logging, and content protection features. You agree not to circumvent, disable, or interfere with any such measures. Any attempt to do so constitutes a material breach of these Terms.
5.4 Prohibited Uses — Derivative Works
You may not use program materials, curriculum structure, program design, lesson sequencing, workshop formats, or program tools (including their design, functionality, and underlying logic) as the basis for:
- Creating your own educational program, course, workshop, or curriculum on fragrance, olfactory training, or related subjects
- Developing content, products, or services that replicate, imitate, or are substantially derived from this program
- Consulting, coaching, or teaching engagements that reproduce the program's methods or structure
This prohibition applies to the specific expression and organization of the program — not to general knowledge about fragrance or olfaction that exists in the public domain.
5.5 Non-Compete Period
For a period of [12 / 18 / 24 — TBD, CONSULT LAWYER] months following the end of your program access, you agree not to develop, launch, market, or operate an olfactory training or nose training program that is substantially similar in structure, format, or content to the Perfumed Pages Nose Training program.
Non-compete enforceability varies wildly by jurisdiction. Some states (California, notably) refuse to enforce non-competes entirely. Your lawyer should advise on: (a) what duration is defensible, (b) whether to make this a "non-solicitation of participants" clause instead of or in addition to a non-compete, and (c) geographic scope. The derivative works clause in 5.4 is your stronger protection and is enforceable in most jurisdictions.
5.6 Non-Solicitation
For a period of [12 / 18 / 24 — MATCH TO 5.5] months following the end of your program access, you agree not to directly or indirectly solicit, recruit, or market competing olfactory training programs to current or former Perfumed Pages participants.
5.7 Remedies for IP Violations
Any violation of this section may result in:
- Immediate revocation of program access without refund
- A claim for actual damages, including lost revenue attributable to the infringement
- Injunctive relief (a court order to stop the infringing activity)
- Recovery of reasonable attorney's fees and legal costs
- [LIQUIDATED DAMAGES — TBD, SEE OPEN QUESTIONS]
5.8 DMCA Takedown Process
Beauty is Power LLC will act to protect its copyrighted materials found reproduced without authorization on third-party platforms, websites, or services.
If you become aware of unauthorized reproduction of program materials, notify us at hello@perfumedpages.xyz.
If you are a platform hosting content that infringes our copyright, Beauty is Power LLC will issue takedown notices under the Digital Millennium Copyright Act (17 U.S.C. § 512). Our designated DMCA agent for receiving notifications of claimed infringement is:
DMCA Agent:
Beauty is Power LLC
Attn: DMCA Agent
[REGISTERED AGENT ADDRESS — TBD, purchase through same provider as Museum of Nails]
Email: hello@perfumedpages.xyz
A valid DMCA takedown notice from Beauty is Power LLC will include:
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material that is claimed to be infringing, with sufficient information to locate the material
- Contact information for the complaining party
- A statement of good faith belief that use of the material is not authorized
- A statement that the information in the notice is accurate, under penalty of perjury
- A physical or electronic signature of the copyright owner or authorized agent
Participant acknowledgment: You acknowledge that Beauty is Power LLC actively monitors for unauthorized reproduction of program materials and will pursue DMCA takedowns and any additional legal remedies available under these Terms and applicable law.
To issue DMCA takedowns, you should (1) register a DMCA agent with the US Copyright Office (this is a separate $6 filing at dmca.copyright.gov — quick and easy), and (2) register the copyright for the curriculum itself (the ~$65 registration we discussed). The DMCA agent registration is what platforms look for when they receive a takedown notice. Without it you can still send takedowns, but having the registration adds credibility and speeds up platform compliance.
6. Confidentiality
6.1 Confidential Information
All program materials, including curriculum content, tools, lesson structures, reference pages, and any materials marked or reasonably understood to be proprietary, constitute Confidential Information of Beauty is Power LLC.
6.2 Obligations
You agree to:
- Treat all Confidential Information with at least the same degree of care you use for your own confidential information, and in no event less than reasonable care
- Not disclose Confidential Information to any third party without prior written consent from Beauty is Power LLC
- Use Confidential Information solely for your personal participation in the program
- Promptly notify Beauty is Power LLC if you become aware of any unauthorized disclosure or use of Confidential Information
6.3 Exclusions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) you can demonstrate was known to you prior to enrollment; or (c) is required to be disclosed by law or court order, provided you give Beauty is Power LLC reasonable prior notice.
7. Program Access & Modifications
7.1 Access Period
Enrolled participants receive 12 months of access to program materials from the date of enrollment. Access may not be paused, extended, or transferred.
7.2 Program Modifications
Beauty is Power LLC reserves the right to modify program content, scheduling, or delivery format. Modifications do not entitle participants to a refund.
7.3 Early-Bird Incentive
The first 25 participants to enroll (any tier) receive an accord workshop with an indie perfumer and early access to tool pages. This incentive is offered on a first-come, first-served basis and is non-transferable.
8. Conduct
Participants are expected to engage respectfully with the instructor, guest lecturers, and fellow participants. Beauty is Power LLC reserves the right to remove any participant whose behavior is disruptive, harassing, or otherwise detrimental to the program community. Removal under this section is without refund.
9. Limitation of Liability
To the fullest extent permitted by law, Beauty is Power LLC's total liability to you for any claims arising from your participation in this program is limited to the amount you paid in enrollment fees. Beauty is Power LLC is not liable for any indirect, incidental, or consequential damages.
10. Dispute Resolution
10.1 Governing Law
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Beauty is Power LLC is a Delaware-registered entity that operates events primarily in New York.
Delaware registration + NY operations creates a choice-of-law question. Delaware is generally business-friendly and a common choice for governing law. However, if most disputes would arise from NY-based events or if participants are predominantly in NY, your lawyer may recommend NY law instead. Also: for international participants, a governing law clause may not override mandatory local consumer protections in their home jurisdiction (especially EU). Lawyer should confirm Delaware is the right choice here.
10.2 Informal Resolution
Before pursuing formal action, both parties agree to attempt to resolve disputes informally by contacting hello@perfumedpages.xyz. The parties will engage in good faith for at least 30 days before initiating any formal proceeding.
10.3 Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your participation in the program that cannot be resolved informally under Section 10.2 shall be resolved by binding arbitration administered by JAMS under its then-current rules for consumer disputes.
- Arbitration will be conducted remotely (via videoconference or telephone) unless both parties agree in writing to an in-person proceeding
- The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
- Each party bears its own costs of arbitration, except as otherwise provided by the arbitrator or applicable law
- Class action waiver: You agree that any arbitration will be conducted on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding
The class action waiver is standard for digital programs but some jurisdictions (especially EU member states) limit enforceability. Lawyer should confirm this holds for your international participant base.
11. General Provisions
11.1 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
11.2 Entire Agreement
These Terms & Conditions constitute the entire agreement between you and Beauty is Power LLC regarding your participation in the program. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11.3 Amendment
Beauty is Power LLC may update these Terms with 30 days' written notice to participants via the email address on file. Continued participation after the notice period constitutes acceptance of the updated Terms.
11.4 Assignment
Beauty is Power LLC may assign its rights and obligations under these Terms (e.g., in connection with a business restructuring). You may not assign or transfer your enrollment or any rights under these Terms.
11.5 Force Majeure
Beauty is Power LLC is not liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, pandemics, internet service disruptions, or government actions. In such cases, obligations will be suspended for the duration of the event, and Beauty is Power LLC will make reasonable efforts to resume the program.
11.6 Survival
Sections 5 (Intellectual Property), 6 (Confidentiality), 5.5 (Non-Compete), 5.6 (Non-Solicitation), 9 (Limitation of Liability), and 10 (Dispute Resolution) survive the expiration or termination of these Terms and your program access.
11.7 Eligibility
You must be at least 18 years of age to enroll in this program. By enrolling, you represent that you are 18 or older.
12. Agreement
By checking the "I agree to the Terms & Conditions" box during Paythen checkout and completing your purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. This checkbox constitutes your electronic signature and acceptance of all terms herein.
Resolved Decisions
- Governing law: Delaware (where Beauty is Power LLC is registered). NY is operations base. Lawyer to confirm Delaware is optimal.
- Dispute mechanism: Mandatory binding arbitration via JAMS, remote format.
- Electronic acceptance: Checkbox at Paythen checkout.
- DMCA / takedown process: Included in Section 5.8. Need to register DMCA agent ($6 filing) and complete copyright registration.
- International participants: 14-day cooling-off carveout included in Section 3.1 with digital content waiver. Lawyer to confirm structure.
- Payment processor: Paythen (confirmed 2026-04-14).
Remaining Open Questions for Counsel
- Non-compete duration: 12, 18, or 24 months? Enforceability varies — especially for consumer-facing agreements and international participants. Delaware law governs, but participants' local jurisdictions may override.
- Non-compete + non-solicitation together: Draft includes both (Sections 5.5 and 5.6). Lawyer should confirm both are appropriate and enforceable under Delaware law for a consumer education program.
- Class action waiver: Included in arbitration clause (Section 10.3). Lawyer should confirm enforceability, especially for international participants.
- Liquidated damages clause: Actual damages for curriculum theft are hard to prove. A pre-agreed liquidated damages amount gives a number to point to. Lawyer should draft a specific amount — needs to be reasonable, not punitive, to be enforceable.
- Copyright registration: Strongly recommended. Registering the curriculum and tools with the US Copyright Office is a prerequisite for statutory damages and attorney's fees in federal court. Without registration, you can only recover actual damages. Single highest-impact action outside the contract itself.
- DMCA agent registration: $6 filing at dmca.copyright.gov. Quick but needs to be done before any takedown can be sent.
- Canadian provincial cooling-off provisions: No federal equivalent, but some provinces (e.g., Ontario) have cooling-off rules for certain online purchases. Lawyer should confirm whether any apply to a digital education program sold to Canadian residents.
- Registered agent for BIP: Arabelle needs to purchase a registered agent for Beauty is Power LLC (same provider as Museum of Nails). This address will be used for DMCA agent filing and any legal correspondence. Keeps personal address private.
- Reconciliation with Participant Agreement: Beauty is Power LLC also has a separate Participant Agreement (2026). That document and this T&C overlap on IP, conduct, and refund language. Lawyer should advise whether to retire one in favor of the other, keep both with clearly distinguished functions, or merge into a single document signed at Paythen checkout.
- Reconciliation with Cancellation-Absence Policy: A separate Cancellation & Absence Policy (2026) exists but contains stale 2025 kit-shipping language. Needs update to reflect the 2026 self-source model OR retirement in favor of Section 3 of these Terms.