Effective as of June 14, 2021
Last updated March 31, 2023
We may modify this Agreement from time to time. We will notify you through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
We may also ask you to accept supplemental terms related to specific products or components, which are incorporated into this Agreement by reference. If such supplemental terms conflict with the Agreement, the latter shall prevail. The supplemental terms shall govern only in respect to such product and component that you use and to the extent of the conflict. LIMITED LICENSE TO THE APP
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App (including Masks, as defined below) for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain prior written permission from the Company. Permission requests may be sent to email@example.com
. USE OF THE APP
No registration is required to access and use the App.
"Masks" means filters and masks that are provided by us for you to apply them as envisaged by the App's functionality. The App allows you to try on virtually the brand items masks on your hand in real-time.
You may only use and access the App for authorized, acceptable and lawful purposes. You may not use or access (or assist any third parties to use or access) the App in ways that:
- Violate, or infringe our rights, the rights of other users or third parties, including intellectual property rights, privacy rights, publicity or other rights;
- Impersonate anyone;
- Involve sending illegal or impermissible communications such as spam, or other unsolicited advertising or messages;
- Are generally illegal, obscene, harassing, hateful, or otherwise inappropriate, including promoting illegal activities;
- Involve any other unauthorized use of the App
As a part of your use of the App you may upload or otherwise make available some content including, but not limited to, photos and images of your body ("Content").
You are solely responsible for the Content you upload or otherwise make available through the App. Your Content does not include any content created or provided by us, including Masks, or any third-party content. Your Content must not include content that is illegal, obscene, harassing, hateful, or otherwise inappropriate, including promoting illegal activities.
When you upload or otherwise make available your Content through the App, you warrant and represent that:
- you possess all required rights and permissions to upload or otherwise make available the Content;
- the use of your Content does not violate, misappropriate or infringe any third-party rights, including intellectual property rights, privacy rights, publicity or other rights.
By uploading or otherwise making available your Content through, via or in the App you hereby grant us a worldwide, irrevocable, perpetual, royalty-free, sublicensable, transferable license to use, modify, reproduce, distribute, make derivative works of, publicly display or perform your Content in connection with the App or Third-Party Services, Company's general activities related to the App (including aggregation and technical improvement of the App), promotional activities, or otherwise.
We do not directly monitor or control the Content uploaded or otherwise made available through the App. The Company disclaims any liability, direct or indirect, arising out of the Content uploaded or otherwise made available through the App. However, the Company reserves the right to review your Content prior to submission to the App and to remove any such Content for any reason, at any time, without prior notice, at our sole discretion. The Company undertakes to disable, delete or hide any Content that violates this Agreement or applicable law, or block you, if your use of the App.
If you are aware of any Content that violates this Agreement or applicable law, please contact us at firstname.lastname@example.org
We are committed to protecting the privacy of children under COPPA, GDPR or any other applicable law. The App is not intended for children and we do not intentionally collect information about children under the age of 18.
If you are a parent or guardian and believe your minor child has provided us with Personal Data without your consent, please contact us at email@example.com and we will take steps to delete such data from our systems. EXPORT AND ECONOMIC SANCTIONS CONTROL
The software that supports the Application may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. SECURITY
You shall not download, access or use the App in such a way as to disrupt, hamper or otherwise disturb the operation of the App.
It is explicitly forbidden under this Agreement to decompile, reverse engineer or otherwise intrude into the App, its components and code. THIRD-PARTY SERVICES
You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, including protecting your personal information and privacy in using any such Third-Party Services and complying with the relevant terms. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. In addition, the Services may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third parties. We will not be a party to or in any way responsible for your agreement with such third parties. Any disputes you may encounter with such third parties shall be settled solely between you and such third parties. WARRANTY DISCLAIMER
The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
THE APP IS PROVIDED "AS IS", "AS AVAILABLE" AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. USE OF MOBILE DEVICES
You must provide all equipment and software necessary to access our Services or App. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing our Services or App. ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the App is objectionable or in violation of this Agreement.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities. CHANGES TO THE APP
From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you. INDEMNITY
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement. TERMINATION AND SURVIVAL
We may suspend, or terminate your license or access to the App anytime for any reason, such as if you violate any material terms of this Agreement, or create harm, risk, or possible legal consequences for us, or other users.
Upon termination, provisions of the Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimer, dispute resolution, indemnity, limited license to the App and limitations of liability. ASSIGNABILITY
You shall not transfer any of your rights and obligations under this Agreement to any third party without our prior written consent. All our rights and obligations under this Agreement may be assigned by us to any of our affiliates or in connection with a merger, acquisition, corporate restructuring, sale of assets, by operation of law, or otherwise, and by accepting this Agreement, you provide us your explicit consent that we may transfer any of your information and Content to any of our affiliates, successor entities, or new owners. REFERRAL FEES
The Company may receive small referral fees on each item sold on various sites if you buy this item via Company's link posted in the App. These referral fees help us to further improve the App and provide you better experience. DISPUTE RESOLUTION
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent. However, we may transfer or assign all or a part of our rights or responsibilities under this Agreement to any person or entity without your consent.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any comments or questions on any part of the services or any part of this Agreement, please feel free to contact us at firstname.lastname@example.org.
We respect the intellectual property rights of others and we expect our users to do the same. To report a copyright, trademark or other intellectual property rights infringement, please contact us at email@example.com with the "Intellectual property report" subject. Our details:
541 Jefferson Avenue, Suite 100, Redwood City, CA 94063
Our EU representative for the Data Protection issues:
13 Nikolaou Lazarou, 3020, Limassol, Cyprus.
Phone: +357 2 534 534 6
with cc: firstname.lastname@example.org