Terms of service.
Effective Date: 21 November 2024
Welcome to Skinly! These Terms of Service ("Terms") govern your access to and use of our mobile app, Skinly ("the App"), including all related services provided by Skinly Technology LLC ("we," "us," or "our"). By using Skinly, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the App, you confirm that you have read, understood, and agree to these Terms. If you do not agree, please discontinue use of the App immediately.
2. Eligibility
You must be at least 13 years old to use Skinly. By using the App, you represent that you meet this eligibility requirement.
3. Use of the App
You may use the App solely for personal, non-commercial purposes.
You agree not to misuse the App or engage in any unauthorized activities, including but not limited to hacking, reverse engineering, or disrupting the functionality of the App.
4. Content Disclaimer
The App provides skincare recommendations based on the information you provide. These recommendations:
Are for informational purposes only and do not constitute medical advice.
Should not be used as a substitute for consulting a licensed dermatologist or healthcare provider.
May not work as intended for every individual.
You acknowledge that your use of any recommendations or information provided by Skinly is at your sole discretion and risk.
5. Limitation of Liability
Skinly Technology LLC and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, contractors, partners, and service providers (collectively, “Released Parties”) shall not be liable for any damages, losses, or expenses of any kind, whether direct, indirect, incidental, consequential, punitive, exemplary, or special, arising out of or in connection with:
Your Use of the App:
The performance, availability, or functionality of the App.
Any errors, inaccuracies, or omissions in the content, recommendations, or information provided by the App.
Skin reactions, allergies, or any other adverse health effects resulting from the use of skincare routines or products recommended by the App.
Technical Issues:
Any interruption, suspension, or termination of the App, including server downtime, data loss, or loss of access.
Bugs, viruses, or harmful components that may affect your device while using the App.
Third-Party Interactions and Content:
Links to third-party websites, products, or services provided through the App.
Any claims, liabilities, or damages arising from your interactions with third-party services or content.
Unauthorized Access:
Unauthorized access to or use of your account, personal information, or user-generated content due to a breach of security on your part.
Data and Recommendations:
Any reliance on or actions taken based on the information, data, or recommendations provided by the App, which are not guaranteed to be accurate, complete, or error-free.
The results or lack of results from any skincare recommendations made by the App.
6. Indemnification
You agree to indemnify, defend, and hold harmless Skinly Technology LLC, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, contractors, partners, and service providers (collectively, "Indemnified Parties") from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorneys’ fees and legal expenses, arising out of or in connection with:
Your Use of the App:
Any actions you take or fail to take while using the App.
Your reliance on any recommendations or information provided by the App.
Any adverse reactions or outcomes, including but not limited to skin irritation, allergies, or other health concerns, resulting from the use of products or routines recommended by the App.
Your Breach of These Terms:
Any violation of the provisions in these Terms of Service.
Misrepresentation of any information you provide to the App.
Your Violation of Third-Party Rights:
Any infringement of intellectual property, privacy, or other rights of any third party arising from your use of the App.
User-Generated Content:
Any content or data you upload, post, or otherwise make available on the App that results in claims of defamation, invasion of privacy, copyright infringement, or any other legal claims.
Unauthorized Use of the App:
Any unauthorized or unlawful use of the App, including hacking, reverse engineering, or attempting to bypass security measures.
Use of the App for any purpose other than its intended use as described in these Terms.
Applicable Laws and Regulations:
Any failure by you to comply with applicable laws, regulations, or industry standards in connection with your use of the App.
7. Intellectual Property
All content, features, and functionality of the App are owned by Skinly Technology LLC and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, or create derivative works from the App without prior written consent from us.
8. Termination
We reserve the right to terminate or suspend your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Unites States, without regard to conflict of laws principles. Any disputes arising under these Terms shall be resolved exclusively in the courts located in Florida.
10. No Warranty
The App is provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to fitness for a particular purpose or non-infringement.
11. Modifications to Terms
We may update these Terms at our discretion. Any changes will be communicated through the App or other means, and your continued use of the App signifies your acceptance of the revised Terms.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@skinlyapp.com
Acknowledgment
By using Skinly, you acknowledge that you have read, understood, and agreed to these Terms of Service.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.