Terms of Use and End User License Agreement
Last updated: May 2026
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AIBY Inc. (“we,” “us” or “our”), concerning your access to and use of “OnSkin“ software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby expressly
incorporated herein by reference.
Please read this Agreement carefully before you download,
install or start using the App.
It is important that you read and understand this Agreement as
by downloading, installing or using the App you indicate that you
have read, understood, agreed and accepted the Agreement, which
takes effect on the date on which you download, install or use the
App. By using the App you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if
you do not agree at least with one of the provisions of this
Agreement, you are not authorized to, and you may not access,
download, install or use the App and you must promptly discontinue
downloading, installing the App and remove (delete) the App from any
mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i.e. in most jurisdictions you must be at least eighteen (18) years of age or older).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.
You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, or you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App is developed for educational and entertainment purposes. The App allows you to scan the barcodes of cosmetics and beauty products to check or obtain information about the ingredients in these products. The App also provides recommendations for similar products with higher ratings. Additionally, it includes a database featuring a wide range of cosmetics and beauty products. If the desired product is not available in the database, users have the option to add it after verification.
The App also offers tools powered by Artificial Intelligence (“AI”) technologies, enabling you to chat with an AI-cosmetologist and get answers to your cosmetology or cosmetics-related questions. In addition, the App can provide you with a skin analysis (including signs of aging, location of pigmentation, visible pores, wrinkles, etc.) based on your face photo. See the full performance list on the App’s page on play.google.com.
The App is intended only for your personal non-commercial use.
You shall use the App only for the purposes mentioned above.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT
INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP
Note that this subsection does not apply to User Content (as defined below in this Agreement). The license terms and other provisions regarding User Content are set forth in the subsection titled “USER CONTENT”.
By using the App, you undertake to respect
our intellectual property rights (intellectual rights related to the
App’s source code, UI/UX design, content material, copyright and
trademarks, hereinafter referred to as the “Intellectual Property
Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited,
non-exclusive, non-transferable non-sublicensable, non-assignable
and revocable right to access and use the App pursuant to this
Agreement (the “License”).
The source code, design and content, including information,
photographs, illustrations, artwork and other graphic materials,
sounds, music or video (hereinafter – the “Works”) as well as names,
logos and trademarks (hereinafter – “Means of individualization”)
within the App are protected by copyright laws and other relevant
laws and/or international treaties, and belong to us and/or our
partners and/or contracted third parties, as the case may be.
These Works and Means of individualization may not be copied,
reproduced, retransmitted, distributed, disseminated, sold,
published, broadcasted or circulated whether in whole or in part,
unless expressly permitted by us and/or our partners and/or
contractors, as the case may be.
All rights, title and interest in and to the App, including
its content, Works and Means of individualization, as well as its
functionalities (1) are the exclusive property of AIBY Inc. and/or
our partners and/or contractors, (2) are protected by applicable
international and national legal provisions, and (3) are under no
circumstances transferred (assigned) to you, either in full or in
part, under the License granted herein.
We will not hesitate to take legal action against any
unauthorized use of our trademarks, names or symbols to protect and
restore our rights. All rights not expressly granted herein are
reserved. Other product and company names mentioned herein may also
be the trademarks of their respective owners.
USER CONTENT
You shall retain ownership rights to all photos, images and text you have produced yourself and uploaded to the App (hereinafter referred to as “User Content”).
However, by using the App, you hereby grant us, as well as our
successors, affiliates, agents, assigns or anyone authorized to act
on our behalf, a non-exclusive, worldwide, perpetual, royalty-free,
sublicensable, transferable, irrevocable license and right to:
- store and process User Content within the App;
- modify User Content to fit the functionality of the App;
- transfer and sublicense User Content to third-party service providers for the purposes of maintaining and providing you with the Services available via the App, developing and improving such Services.
For clarity, you acknowledge and agree that this license and the rights granted with respect to User Content are provided without any obligation to make payments to you or any third party. You also agree that you will not pursue or demand from us, our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges or fees in relation to the copyright to the User Content that you have uploaded to the App.
Furthermore, you agree that User Content, except for face
photos you may upload for skin analysis purposes, does not contain
any biometric data or other personally identifiable information
(i.e. human faces or other identifiable parts of human body, images
showing personal appearance or location, documents revealing
identity, or other personal identifiers) related to you or others.
User Content that is considered inappropriate - offensive, legally prohibited or immoral, or simply does not fit the purpose of the App - will be blocked without any prior notice or the option for restoration.
Bear in mind that certain restrictions apply to User Content (check Section VII for more details).
THIRD PARTIES’ MATERIALS AND TOOLS INCORPORATED INTO THE APP. OPEN SOURCE COMPONENTS
- Timber available at https://github.com/JakeWharton/timber under the Apache License, Version 2.0. You may obtain a copy of the license at https://github.com/JakeWharton/timber/blob/trunk/LICENSE.txt.
- Ktor available at https://github.com/ktorio/ktor under Apache License, Version 2.0. You may obtain a copy of the license at https://github.com/ktorio/ktor/blob/main/LICENSE.
- Coil available at https://github.com/coil-kt/coil under the Apache License, Version 2.0. You may obtain a copy of the license at https://github.com/coil-kt/coil/blob/main/LICENSE.txt.
- Voyager available at https://github.com/adrielcafe/voyager under the MIT License. You may obtain a copy of the license at https://github.com/adrielcafe/voyager/blob/main/LICENSE.md.
- Amplitude-Kotlin available at https://github.com/amplitude/Amplitude-Kotlin under the MIT license. You may obtain a copy of license at https://github.com/amplitude/Amplitude-Kotlin/blob/main/LICENSE.
- AppsFlyer Android SDK available at https://github.com/AppsFlyerSDK/appsflyer-android-sdk.
- Qonversion Android SDK available at https://github.com/qonversion/android-sdk under the MIT License.
- OpenAI API available at https://platform.openai.com/docs/api-reference. You may obtain a copy of Service terms at https://openai.com/policies/service-terms/.
Due to the fact that we use OpenAI API for the purpose of processing and creation of AI-generated User Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy while any sharing and/or publication of User Content.
For the purposes of the present Agreement the term “User Content” includes both the text you enter into the message field and send to the App, as well as any text or other content generated by AI through the App.
- Open-Meteo API data available at https://open-meteo.com/en/docs. Data used as-is under Attribution 4.0 International (CC BY 4.0) license. You may obtain a copy of license at: https://creativecommons.org/licenses/by/4.0/.
EMAIL NEWSLETTERS
All users who are registered within the App by choosing the option “Sign in with Google” or who otherwise have provided information about their email address are subscribed to our newsletters. Such newsletters are sent to users from time to time and are intended to inform users about special subscription offers, new features and functionalities of the App and other current issues and news related to the operation of the App. You can unsubscribe, opt-out of receiving our newsletters at any time by using the resignation link provided in each email you receive from us.
Note that all content contained in our newsletters is owned by AIBY Inc. and provided to you as a part of the App’s Services.You may use and share such content only for your personal non-commercial purposes.
COMMENTS
We welcome and appreciate posts, comments, suggestions and feedback from our OnSkin Community regarding the App, our cosmetic product base and other topics related to cosmetics, skin and hair care (“Comments”). For avoidance of doubt, Comments include any posts, comments, suggestions and feedback that a user provides through the App’s functionality such as Community and/or User Review features.
If you choose to provide Comments, you agree and acknowledge that:
- Any Comment provided by you is not confidential and does not contain any personally identifiable information related to you or other individuals;
- You hereby grant to us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable, irrevocable license and right to use, reproduce, distribute, create derivative works of, modify, publicly perform, and otherwise use Comments and derivatives for any purposes without restriction and remuneration to you;
- We shall not be obligated to provide any attribution, credit or other notices, including user nickname indication, and you shall neither insist on such indication nor raise any objections if such indication is done by us;
- Nothing in this Agreement shall constitute any promise by or obligation to publish Comments or any portions thereof, at any time or for any period of time.
Comments that are considered inappropriate - offensive, legally prohibited or immoral, or simply do not fit the purpose of the App - will be deleted or blocked without any prior notice or restoring options.
Bear in mind that certain restrictions apply with respect to Comments (check Section VII for more details).
VII. PROHIBITED BEHAVIOR
You agree not to use the App in any way that:
- is unlawful, harmful, illegal or unauthorized;
- defames any other person;
- is obscene or offensive;
- infringes, misappropriates, or violates any copyright, database rights, or trademarks of any person;
- advocates, promotes or assists any unlawful act, such as (by way of example only) copyright infringement or computer misuse.
In addition, you are not allowed to upload, enter, create, generate via the App, share, or distribute, provide the following types of User Content and/or Comments:
- content that expresses, incites, or promotes hate based on identity;
- content that intends to harass, threaten, or bully an individual;
- content that promotes or glorifies violence or celebrates the suffering or humiliation of others;
- content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
- content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
- content attempting to influence the political process or to be used for campaigning purposes;
- unsolicited bulk contents;
- content that is false or misleading, such as attempting to defraud individuals or spread disinformation;
- content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm;
- content that may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourage anyone to violate any local, state, national or international law.
IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.
Representations and warranties with respect to User Content uploaded by a user to the App
By uploading, submitting any User Content to the App you represent, warrant and undertake to us the following:
- you are the author and/or exclusive copyright holder of all User Content that you upload, submit via the App or you have obtained all necessary rights and permissions of the relevant owner of such content, so that you have all relevant rights in your User Content to enable you to use it within the App according to the terms of the present Agreement;
- you have not licensed any rights in your User Content that will be in conflict with your use of such content in the App according to this Agreement;
- your User Content does not contain any third party materials that you do not have permission to use.
Other general restrictions and terms related to the use of the App
You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App,
or use it for providing services to a third party. You also may not
grant any rights to the App or its documentation to any third party.
Misuse of any trademarks or any other content displayed on the
App is prohibited.
You shall not copy, duplicate, distribute, publish, and/or use any content in the App, directly or indirectly, in violation of our intellectual property rights.
Furthermore, you shall not make any attempts to use the App,
or any part of it, for malicious intentions.
We are not responsible for the way you use the App.
We reserve the right to take any legal action available under
applicable laws against any user who violates this Agreement.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone and internet access.
The App is available for download and installation on handheld
compatible mobile devices with Android 10.0 and up.
We do not guarantee that the App will be compatible with all
hardware and software that you may use. Additionally, we make no
warranty that your access to the App will be uninterrupted, timely
or error-free.
You acknowledge that the App is provided via the internet and
mobile networks, and therefore the quality and availability of the
App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We reserve the right to modify or update the App, and anything
described within it, without prior notice. If the need arises, we
may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is
true, accurate, and complete, and you agree to keep it actual at all
times.
You can discontinue using our Services at any time by choosing
the relevant option in your account settings. If you choose to stop
using the App, you should uninstall it.
IX. CHARGES
The App is provided on a free basis. Once you download the App, you will have access to its basic features.
Access to some services and/or additional features within the
App (“Premium options”) may require In-App Purchases, including paid
subscriptions. You may have an opportunity to try Premium options
during the free trial period as provided on the signup screen. After
the free trial period expires, an auto-renewing subscription period
will start on a regular basis. Please mind that you will be charged
automatically unless you cancel your subscription at least 24 hours
before the end of the free trial period. Even if you cancel your
subscription, you will still have access to the basic features of
the App.
You can choose different subscription options. All relevant
details about your subscription plan and the duration of the free
trial period will be displayed on the signup screen prior to making
a purchase.
Subscription with a free trial period will automatically renew to
a paid subscription.
To avoid being charged, you must cancel it before the end of the
trial period.
Any unused portion of the free trial period, if offered, will be
forfeited when you purchase a subscription, if applicable. We
reserve the right to modify, terminate, or amend our offered
subscription plans at any time.
Subscriptions automatically renew for a new billing period (whether weekly, monthly, annually, or another period), and you may
be charged no earlier than 24 hours before the beginning of each
billing period. You may cancel subscription at any time before the
end of the applicable billing period as described
here, and the cancellation will apply to the next period. Subscription
management is your responsibility. Please note that removing the App
from your device does not cancel or deactivate your subscription.
You may be charged by your communications service provider for downloading and / or accessing the App on your mobile phone, so you should check the terms of agreement with your operator. This may include data roaming charges if you download / access the App outside the state of your permanent residence. All these charges constitute solely your responsibility. If you do not pay the bills related to your device, then we assume that you have the permission from the person that does it before incurring any of these charges.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may link you to other websites and contracted third-parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge that you must comply with applicable
third-party terms of agreement when using the App. You are solely
responsible for, and bear all risks arising from, your use of any
third-party websites or resources.
If you have any queries, concerns or complaints about such
third-party websites or mobile applications (including, but not
limited to, queries, concerns or complaints relating to products,
orders for products, faulty products and refunds) you must direct
them to the operator of the respective third-party website or
application.
AMAZON ASSOCIATES PROGRAM
We participate in Amazon Associate marketing program. As an Amazon Associate, we may earn commissions from Qualifying Purchases of Amazon products made through special links provided in the App.
You can review the full terms of the Amazon Associates Program
Operating Agreement at:
https://affiliate-program.amazon.com/help/operating/agreement.
XI. SAFE CHOICE MARK. DISCLAIMER
For certain cosmetic products, we may display a “Safe Choice” mark (the ""Safe Choice" mark"). This "Safe Choice" mark is assigned to products that receive a score between 95 and 100 points based on our internal scoring method, which evaluates the product ingredient backed by the latest scientific studies from recognized scientific and regulatory bodies. These ingredient-level assessments are aggregated by OnSkin’s unique AI-powered algorithm, which weighs hazard profiles and assigns an overall product safety score, provided for informational purposes only. Please, follow our Website for more information regarding the "Safe Choice" mark.
THE "SAFE CHOICE" MARK IS PROVIDED STRICTLY FOR GENERAL INFORMATIONAL PURPOSES ONLY.
THE "SAFE CHOICE" MARK DOES NOT CONSTITUTE AND MUST NOT BE INTERPRETED AS APPROVAL, CERTIFICATION, OR ENDORSEMENT BY ANY GOVERNMENTAL AUTHORITY, REGULATORY BODY, MEDICAL INSTITUTION, OR HEALTH ORGANIZATION, INCLUDING BUT NOT LIMITED TO THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), THE EUROPEAN MEDICINES AGENCY (EMA), OR ANY SIMILAR AUTHORITY IN ANY JURISDICTION.
The presence of the “Safe Choice” mark on any product is intended solely to provide general, ingredient-based information reflecting population-level risk and does not account for individual sensitivities or rare reactions, it must not be relied upon as a guarantee of safety, compatibility, or outcome for any individual user.
The “Safe Choice” mark does not reflect, replace, or substitute the advice, opinion, or services of a licensed cosmetologist, dermatologist, physician, or other qualified healthcare professional. You should always seek professional advice prior to using any cosmetic product, particularly if you have concerns regarding potential reactions, sensitivities, allergies, medical conditions, or individual suitability.
Please note that we do not assess brands, manufacturers, distributors, or products as a whole and do not intend to praise, promote, criticize, or discredit any brand or company. The display or absence of a "Safe Choice" mark should not be interpreted as a value judgment regarding a product, its manufacturer, or its commercial quality.
OnSkin does not partner with, sponsor, or receive compensation from brands or manufacturers in connection with the assignment of “Safe Choice” mark. No company or brand influences our verdict on a product, and you will not see any cosmetic ads in the App or our Websites. All "Safe Choice" marks reflect research-based analysis of ingredient information and represent informational opinions formed through such analysis.
XII. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MEDICAL DISCLAIMER
We do not guarantee the accuracy, completeness, or exhaustiveness of the information and data provided in the App.
The App evaluates the ingredients, not the brands and does not intend to endorse or criticize any specific company or brand.
Please be aware that the App is not responsible for the product
composition; this is the sole responsibility of the brand
(manufacturer). While the App provides information regarding
product compositions, it does not guarantee their accuracy. You
should always verify product compositions against the
packaging.
The App does not provide beauty or medical services or
professional advice from the licensed practitioners. All content, information, and services available via the App are
strictly for educational and informational purposes. We
are not and do not claim to be
cosmetologists, doctors, licensed health practitioners, or other
healthcare professionals. We also
have no expertise in determining the effects of
specific components in cosmetic or beauty products on your health
and/or medical condition.
Therefore, the App, as well as its content, information and services are not intended to be and are not professional advice, diagnosis, treatment or replacement of visit and/or consultation of any cosmetologist, doctor, licensed health practitioner or other healthcare professional. The App, its services, content and information are not designed to provide any beauty or medical services, medical professional diagnosis, examination, expertise, prevention, cure or treatment of medical conditions of any kind.
The App should never replace consultation with a healthcare
professional, including cosmetologists or doctors. You should always
seek professional advice from a licensed and qualified healthcare
provider before making any health-related decision or using any new
product recommended by the App, especially if you have concerns
about how you may individually react to such product and/or its
ingredient(s). Never disregard professional medical advice or delay
in seeking it because of something you have read or learned via the
App.
You are solely responsible for using any information, content
or services available via the App and/or for any decision regarding
health and healthcare. You understand and agree that we are not
responsible to you or any other person or entity for any claim,
loss, liability, health problem, injury or damage caused or alleged
to be caused directly or indirectly as a result of the use,
application and/or interpretation of any information or content
available through the App. If you choose to apply any information or
content provided via the App, you do so voluntarily and at your own
risk.
XIII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
XIV. GOVERNING LAW AND CLAIMS
Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.
We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the App from or in locations outside of the United States, you are responsible for:
- ensuring that what you are doing in that country is legal; and
- the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to
you herein shall terminate; (b) you must cease all use of the App.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or
transfer the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our contact form.