Terms of Use

1. Acceptance of Terms

Welcome to Skinly. By accessing or using our mobile application ("App"), website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use our Services. These Terms constitute a legally binding agreement between you and Skinly Labs ("we," "us," or "our").

2. Description of Service

Skinly is an AI-powered skincare analysis and recommendation platform that provides:

• •AI Skin Analysis: Computer vision-based analysis of face photographs to assess 8 key skin health metrics (skin age, evenness, wrinkles, redness, moisture, pores, acne, and dark spots) with personalized recommendations
• •Product Compatibility Assessment: Barcode scanning and AI-powered analysis to determine how well skincare products match your unique skin profile and needs
• •AI Skincare Assistant (Skinbot): Conversational AI chatbot providing personalized skincare advice, routine recommendations, and answers to your skincare questions
• •Product Journal: Personal tracking system to log products you use, monitor their effectiveness, and manage your skincare routine
• •Progress Tracking: Historical data and visual comparisons to monitor skin improvement over time
• •Personalized Skin Profile: Comprehensive profile including skin type, concerns, routines, and preferences to tailor all recommendations

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Eligibility

To use Skinly, you must:

• •Be at least 13 years of age
• •Have the legal capacity to enter into a binding contract
• •Not be prohibited from using the Services under applicable law
• •If under 18, have parental or guardian consent to use the Services

By using the Services, you represent and warrant that you meet these eligibility requirements.

4. User Accounts and Security

To access certain features of Skinly, you must create an account. You may register using:

• •Email and password
• •Google Sign-In (OAuth)
• •Apple Sign-In (OAuth)
• •Passwordless OTP (one-time password via email)

When creating an account, you agree to:

• •Provide accurate, current, and complete information
• •Maintain and promptly update your account information
• •Maintain the security and confidentiality of your login credentials
• •Notify us immediately of any unauthorized access or security breach
• •Accept full responsibility for all activities that occur under your account
• •Not share your account credentials with any third party

5. Subscription Plans and Payments

Skinly offers both free and premium subscription tiers:

6. Medical Disclaimer

7. User Content and Data License

You retain full ownership of any content you submit to Skinly, including face photographs, skin profile information, product journal entries, chat messages, and personal notes. However, by using our Services, you grant us a limited license to use your data:

• •Service Delivery: To process your data through our AI systems to provide analysis, recommendations, and personalized features
• •Storage: To securely store your data on our encrypted servers and backups
• •Service Improvement: To use anonymized, aggregated, and de-identified data for research, analytics, and improving our AI models

You can delete your data at any time by deleting individual scans, clearing your scan history, or deleting your entire account through the App settings. See our Privacy Policy for detailed information about data retention and deletion.

8. Prohibited Uses and Conduct

You agree NOT to use the Services to:

• •Violate any applicable laws, regulations, or third-party rights
• •Upload face images of other people without their explicit consent
• •Upload images of minors (under 18 years old) without parental consent
• •Attempt to reverse engineer, decompile, or extract our AI models or proprietary algorithms
• •Use automated tools (bots, scrapers, etc.) to access the Services without authorization
• •Circumvent subscription systems, payment mechanisms, or premium feature restrictions
• •Interfere with or disrupt the Services, servers, or networks
• •Transmit viruses, malware, or any other harmful code
• •Harass, abuse, threaten, or harm other users or Skinly personnel
• •Distribute spam, unsolicited advertising, or promotional content
• •Impersonate any person or entity, or falsely represent your affiliation
• •Use the Services for any commercial purpose without our written permission

9. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to:

• •Software, source code, and algorithms
• •AI models, training data, and analysis systems
• •Design, user interface, graphics, and visual elements
• •Logos, trademarks, brand names, and service marks
• •Content, text, documentation, and resources

...are owned by or licensed to Skinly Labs and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any aspect of the Services without our express written permission. The Skinly name and logo are trademarks of Skinly Labs and may not be used without authorization.

10. Third-Party Services and Links

Our Services integrate with and depend on various third-party providers:

• •OpenAI: AI analysis and chat functionality
• •Open Beauty Facts: Product ingredient and information database
• •RevenueCat: Subscription management and billing
• •Google & Apple: OAuth authentication services
• •Resend: Transactional email delivery

These third-party services have their own terms of use and privacy policies. We are not responsible for the availability, accuracy, content, policies, or practices of third-party services. Your use of third-party services is at your own risk. We do not endorse or warrant any third-party products, information, or services referenced or accessible through Skinly.

11. Limitation of Liability

• •Skinly Labs shall NOT be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses
• •Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100 USD, whichever is greater
• •We are not liable for any damages resulting from: (a) skin reactions to products; (b) inaccuracies in AI analysis; (c) your reliance on recommendations without professional medical consultation; (d) third-party service failures; or (e) unauthorized access to your account

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

12. Disclaimer of Warranties

We do not warrant that:

• •The Services will be uninterrupted, timely, secure, or error-free
• •Results from using the Services will be accurate, reliable, or complete
• •The quality of any AI analysis, recommendations, or information will meet your expectations
• •Any errors or defects will be corrected

13. Indemnification

You agree to indemnify, defend, and hold harmless Skinly Labs, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your User Content; or (e) any skin reactions or health issues resulting from products used based on our recommendations.

14. Termination

Your Rights: You may terminate your account at any time by deleting it through the App settings. Upon deletion, your account will be scheduled for removal with a 90-day grace period during which you can restore it by logging back in.

Our Rights: We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, for any reason including but not limited to:

• •Violation of these Terms
• •Fraudulent, abusive, or illegal activity
• •Extended periods of inactivity
• •Technical or security concerns

Upon termination, your right to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination (including warranty disclaimers, indemnification, and limitations of liability) will continue to apply.

15. Changes to These Terms

We may modify these Terms at any time to reflect changes in our Services, business practices, legal requirements, or other factors. Material changes will be communicated by: (a) updating the "Last updated" date at the top of these Terms; (b) sending you an email notification; or (c) displaying an in-app notification. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services and may delete your account.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Skinly Labs operates, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the applicable arbitration rules, except that you may assert claims in small claims court if your claims qualify. You waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skinly Labs regarding the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control.