User Agreement - Skincentric

1. Eligibility

You must be at least 13 years old to use the Services.

By creating an account or using the Services, you represent that:

1. You are at least 13 years old;

2. You have legal capacity to enter into this Agreement or have the involvement or permission of a parent or legal guardian where required;

3. You are not prohibited by law from using the Services;

4. You have not been permanently removed from the Services; and

5. Information you provide to Skincentric is accurate.

Skincentric does not currently collect your age or date of birth during ordinary account signup and does not represent that it independently verifies your age.

To make a purchase, you must be legally authorized to enter into the transaction.

If you use the Services for another entity, you represent that you have authority to bind that entity.

2. Accounts and Account Security

Certain Services require a Skincentric account.

You agree to:

Provide accurate account information;
Keep your information reasonably current;
Protect your password, authentication credentials, and device;
Notify Skincentric promptly if you suspect unauthorized account access; and
Accept responsibility for activity conducted through your account to the extent permitted by law.

You may not:

Create an account for another person without authorization;
Impersonate another person or business;
Sell, transfer, lease, or share access to your account;
Use another person’s account without permission; or
Create accounts to evade a suspension, restriction, or usage limit.

Skincentric may require account verification or additional security measures when reasonably necessary to protect the Services or users.

3. Educational Purposes Only; No Medical Advice

3.1 Skincentric is not a healthcare provider

Skincentric is a digital skincare platform. Skincentric is not a doctor, dermatologist, medical practice, healthcare provider, pharmacy, laboratory, or emergency service.

The Services do not provide:

Medical advice;
Medical diagnoses;
Medical treatment;
Prescriptions;
Professional healthcare services; or
A substitute for evaluation by a qualified healthcare professional.

3.2 Educational information

Skin scans, Skin Coach responses, skincare insights, routines, product information, reports, comparisons, reminders, and other content provided through the Services are offered for educational and informational purposes only.

Results may be incomplete, inaccurate, delayed, or inappropriate for your particular circumstances.

You should not rely on Skincentric to diagnose or treat:

Skin cancer;
Infections;
Allergic reactions;
Severe acne;
Rosacea;
Eczema;
Psoriasis;
Open wounds;
Burns;
Adverse medication reactions; or
Any other medical condition.

3.3 Consult an appropriate professional

Consult a qualified healthcare professional before acting on information from Skincentric when you:

Have a diagnosed medical condition;
Use prescription products or treatments;
Have known allergies or sensitivities;
Experience pain, swelling, bleeding, infection, significant irritation, or worsening symptoms;
Are pregnant or nursing and have product-safety questions; or
Are uncertain whether a product, routine, treatment, or service is appropriate for you.

Stop using a product or following a routine if you experience an adverse reaction and seek appropriate professional care.

3.4 Emergencies

Skincentric is not designed for emergency use.

If you believe you are experiencing a medical emergency, contact emergency services or an appropriate healthcare professional immediately.

3.5 No patient-provider relationship

Using Skincentric does not create a doctor-patient, healthcare-provider, esthetician-client, or other professional-care relationship between you and Skincentric.

4. Skin Scans, Skin Coach, and Automated Outputs

4.1 Skin-analysis limitations

Skincentric may analyze photographs or other information you submit and generate educational observations about visible skin characteristics.

Scan quality and results may be affected by factors including:

Lighting;
Camera quality;
Makeup;
Image angle;
Facial expression;
Filters or image processing;
Skin moisture;
Recent skincare-product use;
Device settings;
Obstructions;
Image resolution; and
Technical limitations.

Skincentric does not guarantee that a scan will detect, identify, classify, or accurately assess any particular skin characteristic.

4.2 Scan disclosure and authorization

Before your first supported skin scan, Skincentric requires you to acknowledge a just-in-time disclosure explaining that:

The image will be uploaded to Skincentric’s cloud infrastructure;
The image will be processed by contracted artificial-intelligence services;
The resulting information is educational and nonmedical; and
You must have permission to upload the image of the person depicted.

You may not upload an image of another person without appropriate permission.

4.3 Skin Coach

Skin Coach may use automated systems and artificial intelligence to provide educational responses, organize information, generate routines, or help you understand information stored in your account.

Skin Coach can make mistakes. Its responses may be inaccurate, incomplete, overly general, or unsuitable for your circumstances.

You are responsible for reviewing a Skin Coach response before relying on it or adding a generated routine to your account.

4.4 No guarantee of results

Skincentric does not guarantee that:

A routine will improve your skin;
A product will be safe or effective for you;
A scan result is accurate;
Skin Coach will provide a correct response;
A comparison will identify a real change;
Following a routine will produce a particular outcome; or
A professional service will produce a desired result.

4.5 Product and ingredient information

Product names, ingredients, instructions, compatibility information, or other product information available through the Services may be supplied by users, manufacturers, retailers, service providers, databases, or automated systems.

You are responsible for reviewing the actual product label, instructions, warnings, expiration information, and ingredient list before use.

Product formulations may change without notice.

5. Partner Search and Business Profiles

5.1 Directory service

Skincentric may provide a searchable directory of participating salons, spas, estheticians, skincare professionals, medical spas, dermatology practices, or other independent businesses (“Partners”).

Partner profiles may include information such as:

Business name;
Address and location;
Distance;
Hours;
Contact information;
Business descriptions;
Service categories;
Prices or price ranges;
Photographs;
Logos;
Website links; and
Booking information.

Partner search is a directory and discovery feature. It is not a medical referral service.

5.2 How Partner search results are determined

Partner search is a neutral directory feature.

Results may be determined according to:

1. Services or service categories selected by the user;

2. Distance from the location being searched; and

3. A deterministic, noncommercial tie-breaker, currently normalized business name and then stable Partner identifier.

Partner search ranking is not affected by:

Partner subscription tier;
Monthly subscription amount;
Sponsorship;
The Partner that provided a courtesy pass;
A previous Partner affiliation; or
Other commercial consideration.

5.3 No scan-based Partner recommendations

Skincentric does not use:

Scan images;
Scan results;
Scan-derived concerns;
Journal entries;
Skin Coach conversations;
Routines;
Product history;
Progress information; or
Other private skincare information

to select, rank, recommend, promote, or advertise Partners.

Skincentric does not provide Partner recommendations based on scan results.

5.4 Partner-pass attribution

A Partner that provided a courtesy pass may be identified within pass, entitlement, account, or co-branded activation surfaces.

That attribution is separate from Partner search and does not improve the Partner’s search position.

5.5 Independent businesses

Partners are independent businesses.

They are not:

Employees of Skincentric;
Agents of Skincentric;
Representatives of Skincentric;
Joint venturers with Skincentric;
Healthcare providers acting on behalf of Skincentric; or
Contractors providing professional services for Skincentric.

Skincentric does not control how Partners perform their services.

A transaction or appointment between you and a Partner is between you and that Partner.

5.6 No endorsement or guarantee

Displaying a Partner profile does not constitute an endorsement, certification, medical recommendation, or guarantee by Skincentric.

Unless Skincentric expressly states otherwise, Skincentric does not guarantee or independently confirm:

Professional licensure;
Certifications;
Training;
Insurance;
Service quality;
Safety;
Availability;
Pricing;
Appointment availability;
Professional conduct;
Regulatory compliance;
Accuracy of profile information; or
Results from a Partner’s products or services.

A reference to a Partner as “verified,” if used, means only that Skincentric completed the specific verification steps described at the time. It does not constitute a guarantee of quality, safety, or suitability.

5.7 Your responsibility when selecting a Partner

Before obtaining a product or service, you are responsible for independently evaluating the Partner and determining whether the service is appropriate for you.

You should review, as applicable:

Licenses and credentials;
Experience and training;
Insurance;
Service descriptions;
Contraindications;
Pricing;
Cancellation and refund terms;
Intake and consent documents;
Health and safety practices; and
Customer reviews or other available information.

You should consult a qualified healthcare professional before receiving a service when you have a medical condition, use prescription treatment, or have questions about safety.

5.8 Partner information

Partner-profile information may be supplied by the Partner.

Although Skincentric may review information before or after publication, Skincentric does not guarantee that all profile information is accurate, complete, or current.

Partners are responsible for maintaining their profile information.

You may report inaccurate, misleading, unsafe, or inappropriate Partner information to support@skincentric.us.

5.9 Location and maps

Partner search may use your device location or a location you manually enter to calculate distance and display nearby businesses.

You may control device-location access through your device settings.

Location, map, routing, and directions features may be provided in whole or in part by Apple or another third-party provider. Map information, addresses, distances, travel times, and directions may be inaccurate or unavailable.

Do not use Skincentric or its map features in a manner that distracts you while driving or creates a safety risk.

5.10 Contacting and booking with Partners

Skincentric may provide links or controls that allow you to:

Call a Partner;
Email a Partner;
Visit a Partner’s website;
Open directions;
Access an external booking service; or
Otherwise communicate with a Partner.

Unless Skincentric expressly states otherwise, Skincentric is not the provider of the booking, communication, payment, or professional service.

Once you leave Skincentric or communicate directly with a Partner, the Partner’s and third party’s own terms and privacy practices may apply.

5.11 Partner payments, disputes, and services

Skincentric is not responsible for:

A Partner’s products or services;
Deposits or payments made to a Partner;
Appointment scheduling;
Cancellations;
Refunds;
Service delays;
Missed appointments;
Professional negligence;
Injuries;
Allergic reactions;
Property loss;
Unwanted results;
Discrimination;
Misconduct; or
Disputes between you and a Partner.

Nothing in this section limits rights you may have directly against a Partner under applicable law.

5.12 Private Information and Partner Reporting

Merely searching for, viewing, or opening a Partner profile does not provide the Partner with:

Your identity;
Your scan images;
Your scan results;
Your current precise device location;
Your routines;
Your journal entries;
Your Skin Coach conversations;
Your product history; or
Your progress information.

Skincentric may provide participating Partners with aggregate Partner Program measurements such as activation counts, remaining Included Onboards, overage totals, aggregate profile activity, and similar program information.

If you independently call, email, visit, book with, or otherwise communicate with a Partner or external service, information you intentionally provide through that interaction may be received by that recipient.

6. Privacy and Data Use

Skincentric’s Privacy Policy and Consumer Health Data Privacy Notice govern Skincentric’s processing of personal information.

By using the Services, you acknowledge that you have reviewed the Privacy Policy.

If this Agreement conflicts with the Privacy Policy regarding Skincentric’s handling of personal information, the Privacy Policy controls for that issue.

You acknowledge that certain features require Skincentric to process information you provide, which may include:

Photographs;
Videos;
Audio recordings;
Scan information;
Skin-analysis information;
Journal entries;
Routines;
Product information;
Progress information;
Skin Coach prompts and conversations;
Location information; and
Device and usage information.

You may decline to provide certain information, but doing so may prevent the relevant feature from operating.

Skincentric may use contracted processors including cloud, artificial-intelligence, payment, research, weather, map, and platform providers as described in the Privacy Policy.

Skincentric does not use private skincare information to create Partner-search rankings or Partner advertising audiences.

7. Your Content and Private Account Information

7.1 Your ownership

You retain your ownership rights in photographs, videos, audio, text, journal entries, routines, messages, and other material that you submit to the Services (“Your Content”).

Your private scans, photographs, journal entries, routines, progress information, and Skin Coach conversations are not public merely because they are stored in Skincentric.

Skincentric does not currently operate:

Community content;
Public user profiles;
Public routines;
Public progress;
Public posts or comments; or
Social messaging between users.

7.2 Limited license to operate the Services

You grant Skincentric a nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, format, and display Your Content only as reasonably necessary to provide, secure, maintain, and lawfully operate the Services.

This limited license includes uses reasonably necessary to:

Provide the Services to you;
Perform a feature you request;
Store and synchronize your account;
Generate scans, routines, comparisons, reports, or Skin Coach responses;
Maintain security;
Prevent fraud or abuse;
Diagnose technical issues;
Comply with law; and
Enforce this Agreement.

Separate permission is required before Skincentric publicly uses identifiable private content in advertising, public testimonials, case studies, or social-media promotions.

7.3 Technical modifications

Skincentric may make technical modifications to Your Content when reasonably necessary to operate a feature, such as:

Resizing or compressing an image;
Converting a file format;
Generating a thumbnail;
Extracting technical measurements;
Transcribing audio;
Organizing account records; or
Creating a user-requested report.

These technical modifications do not transfer ownership of Your Content to Skincentric.

7.4 Sharing at your direction

You may have the option to export or share certain information.

You are responsible for deciding what to share, selecting the recipient, and verifying that the information is appropriate to disclose.

Once information is sent to another person, Partner, or third-party service, Skincentric may be unable to control or delete copies retained by the recipient.

7.5 Your responsibilities

You represent that:

You own Your Content or have permission to submit it;
Your Content does not violate another person’s privacy, publicity, intellectual-property, or contractual rights;
Your Content is not unlawful, fraudulent, malicious, or abusive; and
Submitting Your Content does not violate any applicable law.

You may not upload intimate, exploitative, unlawful, or nonconsensual images of another person.

You may not submit photographs or sensitive information belonging to another person without appropriate authorization.

7.6 Deletion

Where supported, you may delete certain content through the Services.

You may also request account or data deletion as described in the Privacy Policy.

Deletion may be subject to temporary backup retention and limited legal, security, fraud-prevention, billing, or dispute-resolution requirements.

7.7 Skincentric-Generated Output

Skincentric retains ownership of its software, systems, models, templates, formatting, databases, report structures, and other underlying intellectual property.

Subject to this Agreement, Skincentric grants you a personal, nonexclusive license to use outputs generated specifically for your account, including scan reports, Skin Coach responses, generated routines, comparisons, and exported reports, for your own lawful personal use.

You retain your rights in information and edits that you independently contribute.

Nothing in this provision gives Skincentric general promotional rights over your private account information.

8. Feedback

You may choose to send Skincentric ideas, suggestions, comments, or other feedback about the Services.

You grant Skincentric a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate nonconfidential feedback into the Services without compensation or obligation to you.

This feedback provision does not give Skincentric the right to publicly use your private scans, photographs, journal entries, or other private account content.

9. License to Use the Services

Subject to your compliance with this Agreement, Skincentric grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Services for your personal, noncommercial use.

This license does not transfer ownership of the Services or any Skincentric intellectual property to you.

Skincentric reserves all rights not expressly granted.

10. Skincentric Intellectual Property

The Services and their contents, excluding Your Content and third-party materials, are owned by or licensed to Skincentric.

Protected materials may include:

Software;
Source code;
Object code;
Designs;
Interfaces;
Text;
Graphics;
Artwork;
Logos;
Trademarks;
Reports;
Scan formats;
Databases;
Features;
Workflows;
Algorithms;
Selection and arrangement of content; and
Other intellectual property.

Except as expressly permitted by this Agreement or applicable law, you may not:

Copy or reproduce the Services;
Sell, rent, sublicense, or commercially exploit the Services;
Modify or create derivative works from the Services;
Reverse engineer, decompile, disassemble, or attempt to derive source code;
Remove copyright, trademark, or proprietary notices;
Access the Services to build a competing product or service;
Scrape, harvest, index, or systematically collect information;
Circumvent security or access controls;
Use Skincentric trademarks without written permission; or
Use automated systems to access the Services in a manner not authorized by Skincentric.

Nothing in this section prohibits activity that applicable law expressly permits and does not allow the parties to restrict.

11. Acceptable Use

You agree not to:

Use the Services for an unlawful purpose;
Violate another person’s rights;
Impersonate a person or business;
Submit fraudulent or misleading information;
Attempt to gain unauthorized access to an account or system;
Interfere with the operation or security of the Services;
Introduce viruses, malicious code, or harmful material;
Bypass usage limits, subscriptions, paywalls, or access controls;
Abuse promotions, courtesy passes, referral codes, or Partner codes;
Use automated tools to scrape or extract information;
Attempt to identify another user from aggregated or de-identified information;
Use the Services to diagnose or treat another person;
Misrepresent Skincentric output as professional medical advice;
Use Skincentric information to harass, discriminate against, or harm another person;
Upload content you do not have a right to use; or
Assist another person in doing any of these things.

Skincentric may investigate suspected misuse and take reasonable action to protect users, Partners, and the Services.

12. Subscriptions and Paid Features

12.1 Subscription access

Certain Services require a paid subscription or another active entitlement.

Available plans, features, prices, billing periods, and promotional terms are displayed before purchase.

Features may vary by plan and may change over time as permitted by this Agreement and applicable law.

12.2 Automatic renewal

Unless otherwise stated at checkout, subscriptions automatically renew at the end of each billing period until canceled.

By purchasing an automatically renewing subscription, you authorize the applicable payment provider to charge the payment method associated with your purchase for each renewal.

12.3 Cancellation

You may cancel a Skincentric subscription through the billing-management method displayed in the Services or by contacting support@skincentric.us.

Cancellation prevents future renewals but ordinarily does not immediately terminate access for the subscription period already paid.

You must cancel before the next renewal date to avoid the next charge.

Deleting the Skincentric app or ceasing to use the Services does not automatically cancel a subscription.

12.4 Price changes

Skincentric may change subscription prices or billing periods for future purchases and renewals.

When required, we will provide advance notice before a change affects an existing renewing subscription.

If you do not agree to a future price change, you may cancel before it takes effect.

12.5 Trials and promotions

Skincentric may offer free trials, introductory pricing, discounts, or promotional access.

Promotional terms may include eligibility restrictions, expiration dates, renewal pricing, or usage limits.

Unless otherwise stated, a trial may automatically convert to a paid subscription if it is not canceled before the trial ends.

Skincentric may modify or discontinue promotions, but doing so will not retroactively alter a completed purchase except as permitted by the promotion’s terms or applicable law.

12.6 Feature changes

Skincentric may improve, modify, replace, or discontinue features.

We will not materially reduce prepaid subscription access without providing any remedy required by applicable law.

13. Partner-Supported Access and Courtesy Passes

A participating Partner may provide temporary Skincentric access through an approved code, QR code, link, or other activation method.

A courtesy pass:

Has no cash value;
May not be sold or resold;
May not be separately charged for;
May not be transferred except where Skincentric expressly provides a supported transfer mechanism; and
Is subject to eligibility, activation, expiration, usage, and fraud-prevention requirements.

Partner-supported access does not provide the Partner with your scans, scan results, routines, journal information, Skin Coach conversations, product history, progress information, or precise location.

Pass attribution may appear in account, entitlement, activation, or co-branded surfaces but does not affect neutral Partner-search ranking.

14. Payments, Billing, and Refunds

14.1 Payment processing

Purchases made directly through Skincentric may be processed by Stripe or another authorized payment provider.

Payment providers process your payment information under their own terms and privacy policies.

Skincentric does not store full payment-card numbers or card security codes on its servers.

14.2 Billing authorization

You authorize the applicable payment provider to charge:

The displayed purchase price;
Recurring subscription charges;
Applicable taxes; and
Other charges you expressly approve.

You are responsible for maintaining accurate billing information and a valid payment method.

14.3 Failed payments

If a payment fails, Skincentric or the payment provider may:

Retry the payment;
Request an updated payment method;
Restrict paid features;
Downgrade the account;
Suspend subscription access; or
Cancel the subscription.

You remain responsible for charges lawfully incurred before cancellation.

14.4 Taxes

Prices may not include taxes unless expressly stated.

Applicable sales, use, value-added, or similar taxes may be calculated and charged based on billing information and legal requirements.

14.5 Refunds

Payments are generally nonrefundable except where:

Required by law;
Expressly stated in an applicable offer; or
Approved by Skincentric.

Skincentric does not provide an unrestricted self-service refund guarantee.

Any approved refund may be processed through the original payment provider and may be subject to that provider’s processing times.

14.6 Apple purchases

Any purchase processed by Apple is also subject to Apple’s applicable billing, cancellation, and refund rules.

Skincentric may be unable to directly cancel or refund a transaction processed by Apple.

15. Third-Party Services and Content

The Services may integrate with or link to third-party services, including:

Authentication providers;
Payment processors;
Maps;
Directions;
Partner websites;
Booking platforms;
Product websites;
Email or telephone services;
Cloud platforms; and
Other external services.

Skincentric does not control third-party services and is not responsible for their:

Availability;
Accuracy;
Security;
Privacy practices;
Content;
Products;
Services;
Terms; or
Conduct.

A link or integration does not necessarily mean that Skincentric endorses the third party.

You are responsible for reviewing and complying with applicable third-party terms.

16. Communications

Skincentric may send nonpromotional communications necessary to operate the Services, including account, security, billing, legal, and support communications.

Skincentric does not currently enroll new users into a promotional marketing list through ordinary signup.

If optional marketing is introduced in the future, Skincentric will provide any consent or opt-out mechanisms required by applicable law.

17. Availability and Changes to the Services

Skincentric may update, modify, suspend, or discontinue all or part of the Services.

We do not guarantee that:

Every feature will always be available;
The Services will support every device;
Data will synchronize immediately;
A Partner profile will remain available;
An integration will remain active; or
The Services will operate without interruption.

Skincentric may perform maintenance, address security issues, comply with legal requirements, or modify Services for operational reasons.

Where reasonably practicable, Skincentric may provide notice of a material discontinuation affecting paid users.

17.1 On-Device Reminders

Skincentric may provide on-device reminders for features such as routines or other user-requested activity.

The current consumer application does not operate a general remote-push messaging product.

On-device reminder controls can be managed through Skincentric and the device’s notification settings.

18. Beta and Experimental Features

Skincentric may provide beta, preview, experimental, or early-access features.

These features may:

Contain errors;
Produce incomplete or inaccurate results;
Change without notice;
Be subject to additional limits; or
Be discontinued.

You use beta and experimental features at your own risk.

19. Account Deletion, Suspension, and Termination

19.1 Account Deletion

You may request account deletion through the Services where available.

Account deletion is processed through a server-coordinated workflow and may continue asynchronously.

Skincentric’s deletion process is designed to create a durable deletion request before authentication access is removed.

The process may classify records or cleanup operations as:

Deleted;
Queued;
Retained with a reason;
Already absent;
Failed; or
Requiring external action.

For subscriptions billed directly by Skincentric through Stripe, account deletion may cancel or schedule cancellation of the associated subscription as part of the deletion process.

If a subscription is controlled by a third-party app store or another provider that Skincentric cannot directly cancel, you remain responsible for completing any cancellation step identified to you.

Certain billing, tax, security, fraud-prevention, legal, dispute, and minimal deletion records may be retained where reasonably necessary or legally permitted.

19.2 Effect of Account Deletion

Once authentication is removed, you may no longer be able to access information associated with the deleted account.

Skincentric may retain a minimal deletion record necessary to prove or resume the deletion process.

Deletion from active systems does not necessarily cause immediate erasure from temporary backups or records that Skincentric or a payment provider is legally permitted or required to retain.

19.3 Suspension or termination by Skincentric

Skincentric may restrict, suspend, or terminate access when we reasonably believe:

You violated this Agreement;
Your use presents a security, legal, fraud, or safety risk;
Payment is overdue;
An account is being used without authorization;
Suspension is required by law;
Continuing to provide the Services is no longer commercially or technically feasible; or
Action is reasonably necessary to protect Skincentric, users, Partners, or others.

Where appropriate, Skincentric may provide notice or an opportunity to correct the issue.

Immediate action may be taken in cases involving fraud, security threats, unlawful activity, abuse, or risk of harm.

19.4 Effect of termination

When this Agreement or your account ends, your right to use the Services ends.

Provisions that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal terms.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SKINCENTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY; AND
QUIET ENJOYMENT.

SKINCENTRIC DOES NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
SCAN OR SKIN COACH OUTPUTS WILL BE ACCURATE;
A ROUTINE, PRODUCT, OR SERVICE WILL BE SAFE OR EFFECTIVE;
DATA WILL NEVER BE LOST;
DEFECTS WILL ALWAYS BE CORRECTED;
PARTNER INFORMATION WILL BE COMPLETE OR ACCURATE; OR
A PARTNER’S SERVICES WILL MEET YOUR EXPECTATIONS.

YOU USE THE SERVICES AND RELY ON THEIR OUTPUTS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKINCENTRIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
EXEMPLARY OR PUNITIVE DAMAGES;
LOST PROFITS;
LOST REVENUE;
LOST BUSINESS;
LOSS OR CORRUPTION OF DATA;
COSTS OF SUBSTITUTE SERVICES;
INTERRUPTION OF USE;
PERSONAL DECISIONS MADE IN RELIANCE ON AUTOMATED OUTPUTS; OR
ACTS, OMISSIONS, PRODUCTS, OR SERVICES OF A PARTNER OR OTHER THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKINCENTRIC’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO SKINCENTRIC DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF SKINCENTRIC WAS ADVISED THAT DAMAGES WERE POSSIBLE.

THESE LIMITATIONS DO NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE WHERE APPLICABLE LAW PROHIBITS SUCH A LIMITATION.

22. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Skincentric and its officers, directors, employees, agents, contractors, and affiliates from claims, liabilities, losses, damages, judgments, and reasonable legal expenses arising from:

Your unlawful or unauthorized use of the Services;
Your violation of this Agreement;
Your violation of another person’s rights;
Content you submit without appropriate authorization;
Fraudulent or abusive activity through your account; or
Your intentional misconduct.

Skincentric may control the defense of a covered claim, and you agree to provide reasonable cooperation.

This section does not require you to indemnify Skincentric for Skincentric’s own negligence, unlawful conduct, or breach of this Agreement.

23. Copyright Complaints

Skincentric respects intellectual-property rights.

A copyright owner or authorized agent who believes material available through the Services infringes a copyright may submit a notice containing the information required by applicable law.

Copyright notices may be sent to:

Skincentric Inc. — Copyright Department
8 The Green, Suite B
Dover, Delaware 19901
United States

Email: contact@skincentric.us
Telephone: +1 770-609-5482

A notice should include:

Identification of the copyrighted work;
Identification and location of the allegedly infringing material;
Contact information for the complaining party;
A statement of good-faith belief;
A statement that the information is accurate and that the sender is authorized to act; and
A physical or electronic signature.

Knowingly submitting a materially false infringement notice may result in legal liability.

24. Governing Law

This Agreement and disputes arising from it are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

This choice does not deprive you of mandatory consumer protections that apply under the law of your place of residence.

25. Informal Dispute Resolution

Before initiating arbitration or litigation, you and Skincentric agree to attempt to resolve the dispute informally.

A written dispute notice should include:

Your name;
The email address associated with your account;
A description of the dispute;
The relief requested; and
Information reasonably necessary to evaluate the claim.

Send notices to support@skincentric.us with the subject line “Legal Dispute Notice.”

The parties will attempt in good faith to resolve the dispute for at least 60 days after receipt of a complete notice.

Either party may seek urgent temporary relief when necessary to prevent immediate or irreparable harm.

26. Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

26.1 Agreement to arbitrate

Except for disputes identified below, you and Skincentric agree that claims arising from or relating to the Services or this Agreement will be resolved through individual binding arbitration rather than in court.

Arbitration will be administered by JAMS under its applicable consumer arbitration rules.

Unless the parties agree otherwise, arbitration will take place remotely, in the county where you live, or in Atlanta, Georgia, depending on applicable rules and what is reasonably convenient.

26.2 Exceptions

Either party may:

Bring an eligible individual claim in small-claims court;
Seek temporary or preliminary injunctive relief to prevent immediate harm;
Bring a claim concerning infringement or misappropriation of intellectual-property rights; or
Pursue a remedy that applicable law does not permit to be arbitrated.

26.3 Individual claims only

To the maximum extent permitted by law, disputes must be brought on an individual basis.

Neither party may participate in a class, collective, consolidated, coordinated, representative, or private-attorney-general action in arbitration.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual claim.

If a final court decision determines that a particular claim or request for public injunctive relief cannot lawfully be subject to this limitation, that claim or request will be decided by a court after any arbitrable claims are resolved.

26.4 Arbitration costs

Payment of arbitration fees will be governed by the applicable JAMS consumer rules.

Skincentric will not seek its attorneys’ fees or arbitration costs from you unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, or applicable law otherwise permits an award.

26.5 Arbitration opt-out

You may opt out of this arbitration agreement by sending written notice within 30 days after first accepting this version of the Agreement.

Send the notice to support@skincentric.us with the subject line “Arbitration Opt-Out.”

The notice must include:

Your full name;
The email address associated with your Skincentric account; and
A clear statement that you are opting out of the arbitration provision.

Opting out of arbitration will not affect your access to the Services.

26.6 Jury-trial waiver

When a dispute is subject to arbitration, both parties waive the right to a trial before a judge or jury.

27. Time Limit for Claims

To the maximum extent permitted by law, a claim arising from or relating to the Services or this Agreement must be filed within one year after the claim arose.

If applicable law does not permit a one-year limitation, the shortest legally permitted period will apply.

This section does not shorten a statutory period that cannot lawfully be shortened by agreement.

28. Additional Terms for Apple Users

This section applies when you access or download the Skincentric application through Apple’s App Store.

28.1 Parties

This Agreement is between you and Skincentric, not Apple.

Skincentric, and not Apple, is responsible for the Skincentric application and its content.

28.2 Scope of license

Your license to use the application is limited to a nontransferable license to use the application on Apple-branded products that you own or control, as permitted by Apple’s applicable usage rules.

The application may also be accessed through accounts associated with the purchaser when permitted by Apple’s Family Sharing or volume-purchasing rules.

28.3 Maintenance and support

Skincentric, not Apple, is responsible for maintenance and support for the Skincentric application.

Apple has no obligation to provide maintenance or support.

28.4 Warranties

To the extent a warranty cannot legally be disclaimed and the application fails to conform to that warranty, you may notify Apple, and Apple will refund the purchase price paid for the application, if any.

To the maximum extent permitted by law, Apple has no other warranty obligation concerning the application.

Skincentric is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.

28.5 Product claims

Skincentric, not Apple, is responsible for addressing claims relating to:

The application;
Your possession or use of the application;
Product liability;
Failure to comply with legal or regulatory requirements; and
Consumer-protection, privacy, or similar laws.

28.6 Intellectual-property claims

If a third party claims that the application or your possession and use of it infringes intellectual-property rights, Skincentric, not Apple, is responsible for investigating, defending, settling, and resolving that claim.

28.7 Legal compliance

You represent that:

You are not located in a country subject to a United States government embargo or designated by the United States government as supporting terrorism; and
You are not listed on a United States government list of prohibited or restricted parties.

28.8 Third-party terms

You must comply with applicable third-party agreements when using the application, including terms governing your device, wireless-data service, Apple services, maps, and payment services.

28.9 Apple as third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your use of the Apple-distributed application.

Upon your acceptance of this Agreement, Apple has the right to enforce the applicable Apple-related provisions against you.

29. Changes and Re-Acceptance

Skincentric may update this Agreement to reflect changes in:

The Services;
Law or regulation;
Business practices;
Technology;
Payment arrangements;
Safety requirements; or
Partner features.

Skincentric assigns versions to material legal documents.

Where Skincentric determines that a material change requires renewed acceptance, the Services may require you to accept the new version before continuing to use affected functionality.

Acceptance records may include the document identifier, version, applicable hash, acceptance time, application version, platform, locale, and acceptance surface.

Historical versions may be retained for legal and recordkeeping purposes.

We will update the “Last updated” date when changes are made.

If a change is material, we may provide notice through the application, website, email, or another reasonable method.

Unless a different effective date is stated, updated terms apply prospectively when posted or when you accept them.

If you do not agree to an updated Agreement, you must stop using the Services and cancel any renewing subscription.

Changes to the dispute-resolution section will not apply retroactively to a dispute for which the parties had actual written notice before the change.

30. General Terms

30.1 Entire agreement

This Agreement, the Terms of Service, the Privacy Policy and Consumer Health Data Privacy Notice, applicable purchase terms, and any feature-specific terms form the entire agreement between you and Skincentric concerning the consumer Services.

A separate Partner Program Agreement governs a participating business’s commercial relationship with Skincentric.

30.2 Order of precedence

If documents governing the Services conflict, the following order applies:

1. A mutually signed written addendum or order form for the matter it expressly addresses;

2. The Partner Program Terms for Partner Program matters;

3. This User Agreement for consumer account and application matters;

4. Feature-specific or checkout terms for the relevant feature or purchase;

5. The general Terms of Service; and

6. General promotional or marketing materials.

The Privacy Policy and Consumer Health Data Privacy Notice control with respect to Skincentric’s processing of personal information.

30.3 No waiver

A failure to enforce a provision is not a waiver of the right to enforce it later.

30.4 Severability

If a provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

30.5 Assignment

You may not assign this Agreement without Skincentric’s written permission.

Skincentric may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, or transfer of the Services, subject to applicable law.

30.6 No agency

This Agreement does not create an employment, agency, partnership, fiduciary, franchise, or joint-venture relationship between you and Skincentric.

30.7 Electronic communications

You agree that agreements, disclosures, notices, and other communications may be provided electronically, subject to applicable law.

Electronic communications satisfy legal requirements that communications be in writing.

30.8 Headings

Section headings are provided for convenience and do not affect interpretation.

31. Contact Information

Skincentric Inc.

8 The Green, Suite B

Dover, Delaware 19901

United States

Support: support@skincentric.us

Privacy: privacy@skincentric.us

General: contact@skincentric.us

Telephone: +1 770-609-5482

Website: skincentric.us