Terms of Service

1. Agreement to Terms

By accessing or using SkinPick ("Service"), operated by SkinPick ("Company," "we," "us," "our"), you ("User," "you," "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Refund Policy, all of which are incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and the Company.

2. Description of Service

SkinPick is an AI-powered personal skincare consulting service that analyzes user-submitted skin information and provides skincare routine and product recommendations.

• Free Plan: Basic skin type analysis and simple routine recommendations.
• Premium Plan: In-depth ingredient analysis, personalized routines, product recommendations, and comprehensive consulting.

The Service uses artificial intelligence (AI) and machine learning technologies. AI-generated outputs are probabilistic and may vary between sessions. We do not guarantee the accuracy, completeness, or consistency of AI-generated results.

3. Eligibility

1. You must be at least 16 years of age (or the minimum age of digital consent in your jurisdiction, e.g., 13 in the US under COPPA with parental consent) to use the Service.
2. If you are between the minimum age and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and meet all eligibility requirements.
4. We reserve the right to request proof of age or parental consent at any time.

4. Payments and Billing

1. Premium Plan payments are processed through Polar, our third-party payment processor. By making a purchase, you also agree to Polar's terms of service.
2. All fees are displayed at the time of purchase and are charged in the currency shown on the payment page.
3. You agree to provide accurate, current, and complete billing information and to promptly update it if it changes.
4. Prices are subject to change with at least 30 days' prior notice. Price changes will not affect transactions already completed.
5. You are responsible for all applicable taxes, duties, and levies imposed by your jurisdiction in connection with your purchase.
6. All refunds are governed by our Refund Policy.

5. Medical Disclaimer

6. AI and Automated Decision-Making

1. The Service uses AI models provided by OpenAI to generate skincare recommendations based on your survey responses.
2. Transparency: AI outputs are generated through machine learning models trained on general skincare knowledge. Recommendations are not manually reviewed by a human before delivery.
3. No solely automated decisions with legal effect: The AI recommendations provided by the Service do not produce legal effects or similarly significant effects on you within the meaning of GDPR Article 22. They are advisory in nature.
4. Right to human review: If you believe an AI-generated result is inaccurate or unfair, you may contact us to request a human review of the output.
5. We do not use AI-generated profiling to make decisions about pricing, access, or eligibility for the Service.

7. User Responsibilities

• You are solely responsible for the accuracy, completeness, and legality of the information you provide.
• You agree not to misuse the Service, including but not limited to: reverse engineering, decompiling, disassembling, or attempting to derive the source code or AI model weights.
• You agree not to use automated systems (bots, scrapers, crawlers) to access the Service without prior written consent.
• You agree not to use the Service for any unlawful, harmful, or fraudulent purpose.
• You agree not to circumvent, disable, or interfere with any security or access-control features of the Service.
• You are responsible for maintaining the confidentiality of any account credentials and for all activities under your account.
• You agree not to resell, redistribute, or commercially exploit any part of the Service or its outputs without written permission.

8. User Data and Content

1. You retain ownership of the data you submit to the Service (e.g., survey responses).
2. By submitting data, you grant SkinPick a limited, non-exclusive, worldwide license to process your data solely for the purpose of providing and improving the Service.
3. AI-generated outputs (recommendations, analysis results) are provided to you for personal, non-commercial use. You may not claim AI-generated outputs as professional advice or redistribute them commercially.
4. We do not claim ownership of your personal data. Our use of your data is governed by our Privacy Policy.

9. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, UI design, AI models, algorithms, software, and documentation — are owned by SkinPick or its licensors and are protected by applicable intellectual property laws including copyright, trademark, patent, and trade secret laws. You may not copy, modify, distribute, sell, or create derivative works without prior written consent from SkinPick.

10. Third-Party Services

The Service integrates with the following third-party services. Your use of these services is subject to their respective terms and privacy policies:

• OpenAI: AI analysis engine — processes survey data for generating recommendations.
• Polar: Payment processor — handles all financial transactions.
• Cloudflare: Hosting, CDN, and security services.
• Firebase (Google): Backend infrastructure and analytics.

SkinPick is not responsible for the availability, accuracy, or practices of third-party services. We are not liable for any damages arising from your use of or reliance on third-party services.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

SKINPICK DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) AI ANALYSIS RESULTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights under local law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKINPICK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL SKINPICK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SKINPICK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) USD $50.

EU/UK Users: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under applicable law.
Australian Users: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SkinPick, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights.

This indemnification obligation does not apply to EU/EEA consumers to the extent prohibited by mandatory consumer protection law.

14. Service Modifications and Termination

1. SkinPick reserves the right to modify, suspend, or discontinue the Service (in whole or in part) at any time with at least 30 days' prior notice for material changes.
2. We may immediately restrict or terminate your access without notice if you materially breach these Terms, engage in fraudulent activity, or pose a security risk.
3. Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete your data in accordance with our Privacy Policy; (c) any accrued rights or obligations survive termination.
4. You may terminate your use of the Service at any time by ceasing to use it. For refund terms related to termination, see our Refund Policy.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at tpgus5754@gmail.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration (Non-EU/UK Users)

If the dispute is not resolved informally, you and SkinPick agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the rules of the Korean Commercial Arbitration Board (KCAB), unless you reside in a jurisdiction where arbitration agreements for consumer disputes are unenforceable.

15.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SKINPICK AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Exceptions

• EU/EEA/UK Users: You retain the right to bring claims in the courts of your country of residence. The arbitration and class action waiver provisions above do not apply to the extent they conflict with mandatory consumer protection laws.
• Australian Users: Nothing in this section limits your rights under the Australian Consumer Law.
• Korean Users: You may file complaints with the Korea Consumer Agency or use the Korea Fair Trade Commission's dispute resolution mechanism.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles, except where overridden by mandatory local consumer protection laws.

• EU/EEA/UK Users: You benefit from any mandatory provisions of the law of your country of habitual residence. Nothing in these Terms affects your rights as a consumer under the applicable national law.
• Australian Users: These Terms are subject to the Australian Consumer Law, and nothing herein excludes, restricts, or modifies rights that cannot be excluded under the Competition and Consumer Act 2010.
• US Users: The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

17. Changes to Terms

1. We may update these Terms from time to time. The "Last Updated" date at the top will be revised accordingly.
2. Material changes will be notified through the Service, via email, or through other reasonable means at least 30 days before taking effect.
3. Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree, you must stop using the Service.
4. For EU users, where required by law, we will seek your explicit consent for material changes before they take effect.

18. Electronic Communications

By using the Service, you consent to receive electronic communications from us (e.g., service announcements, policy updates, transactional notifications). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

19. Force Majeure

SkinPick shall not be liable for any failure or delay in performing its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, wars, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

20. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations (EAR) maintained by the US Department of Commerce, trade and economic sanctions maintained by OFAC, and similar laws of other jurisdictions. You may not use the Service if you are located in a sanctioned country or are on any government restricted-party list.

21. Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant SkinPick an irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without any obligation to you. Feedback does not include your personal data.

22. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

23. Waiver

The failure of SkinPick to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of SkinPick.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. SkinPick may assign its rights and obligations under these Terms to an affiliate or successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

25. Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and SkinPick regarding the Service and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral.

26. Accessibility

We are committed to making the Service accessible to all users. If you experience any accessibility barriers or have suggestions for improvement, please contact us at the email address below.

27. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us:

• Email: tpgus5754@gmail.com