1. Introduction

These Terms of Service ("Terms") govern your access to and use of the SkinMate mobile and web application, related software, websites, and services (collectively, the "App" or "Services") provided by SkinMate.

By creating an account, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

These Terms apply to:

Individual end users who use the App to receive skin analysis and recommendations ("Users"), and
Business customers such as skincare brands, clinics, and retailers that deploy SkinMate for their own customers ("Business Partners").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" and "your" refer to that entity.

2. Eligibility and Age Restrictions

2.1 Minimum Age

The App is intended only for individuals who are 16 years of age or older. By using the App, you represent and warrant that:

You are at least 16 years old; and
You have full legal capacity to enter into a binding contract in your jurisdiction.

2.2 No Use by Children Under 16

We do not knowingly allow individuals under 16 to create an account or use the App. If we discover that a user is under 16, we will suspend or terminate the account and delete personal data as described in our Privacy Policy.

2.3 Business Partner Responsibility for End Users

Business Partners deploying the App in their premises, websites, or devices are responsible for:

Ensuring that only eligible users (16+) access the App;
Implementing appropriate verification processes if required by local law; and
Complying with all applicable consumer, health, and data protection laws in their jurisdiction.

3. Description of the Services

3.1 Core Functionality

SkinMate provides AI-driven skin analysis and product recommendation services, including:

Allowing Users to capture a selfie/facial image using their device camera;
Detecting and cropping relevant skin areas;
Analyzing skin characteristics using image processing and AI algorithms;
Generating scores, skin type classification, and identification of visible concerns;
Providing personalized skincare and cosmetic product recommendations;
Allowing Users to purchase products from participating Business Partners;
Tracking skin-analysis results over time.

3.2 No Medical Advice – Important Disclaimer

The App is intended solely for cosmetic and informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment.

SkinMate does not provide diagnosis, treatment, or prevention of any disease or medical condition.
Skin analysis and recommendations are based on cosmetic concerns and general skincare principles.
Always consult a qualified dermatologist, physician, or healthcare professional for any medical concerns relating to your skin or health.
Never disregard professional medical advice or delay seeking it because of information provided through the App.

3.3 AI and Automated Decisions

The App uses AI and automated algorithms to analyze your facial image and generate recommendations. Results may not always be accurate or suitable for every individual. By using the App, you acknowledge that:

AI-based recommendations are probabilistic and may have limitations;
The App might misinterpret certain visual features or environmental conditions;
Final decisions on product use remain your sole responsibility; and
You may request human support or clarification from your Business Partner (e.g., clinic, retailer) where available.

3.4 Service Availability and Changes

We may modify, update, or discontinue all or part of the App at any time, including by:

Releasing new features or improvements;
Deleting or limiting features;
Temporarily or permanently suspending the App.

Where legally required or materially impactful, reasonable notice will be provided.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you may be required to create an account by providing accurate and complete information (e.g., name, email, age). You agree to:

Provide true, current, and complete information;
Update such information to keep it accurate;
Not create an account on behalf of someone else without authorization.

4.2 Account Credentials

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:

Not share your password with others;
Immediately notify us of any unauthorized use or security breach;
Log out of the App when using a shared device.

We are not liable for losses arising from unauthorized use of your account where we have implemented reasonable security measures.

4.3 Business Partner Accounts

Business Partners may have administrator accounts with access to aggregated or user-level data for their customers, subject to the Privacy Policy and applicable law. Business Partners must:

Ensure that only authorized staff access the administrator accounts;
Maintain appropriate technical and organizational measures;
Comply with all contractual and statutory data protection obligations.

5. User Conduct and Acceptable Use

5.1 Prohibited Activities

You agree not to:

Use the App in any way that violates any applicable law or regulation.
Upload, capture, or submit images of another person without their explicit consent (and, where required, legal basis).
Attempt to identify, verify, or authenticate individuals using the App's outputs.
Reverse engineer, decompile, or disassemble any part of the App except as permitted by mandatory law.
Bypass, disable, or interfere with security features or access controls.
Use the App to develop or train competing services in violation of these Terms.
Interfere with or disrupt the App's operation, servers, or networks.
Upload malicious code, viruses, or other harmful software.
Use automated tools (bots, scrapers, crawlers) that access the App without our prior written consent.
Misrepresent your identity or affiliation.

5.2 Business Partner Conduct

Business Partners agree to:

Use the App solely for their business purposes and as agreed in the commercial agreement;
Provide accurate information about their products and services;
Not misrepresent AI outputs as medical diagnoses;
Not combine SkinMate results with third-party data in ways that would violate privacy or discrimination laws;
Not enroll users below 16 years of age.

5.3 Consequences of Violation

If you violate these Terms or we reasonably suspect unlawful or harmful behavior, we may:

Suspend or terminate your access;
Remove or restrict specific functionalities;
Notify Business Partners and/or relevant authorities where required;
Pursue any available legal or equitable remedies.

6. Intellectual Property Rights

6.1 Ownership of the App

The App, including all software, algorithms, AI models, interfaces, graphics, text, logos, trademarks, and other content, is owned by the parent company of SkinMate or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.

Except for the limited license explicitly granted in these Terms, no rights are transferred to you.

6.2 License to End Users

Subject to these Terms, SkinMate grants you a limited, personal, non-exclusive, non-transferable, revocable license to:

Download and install the App on a compatible device; and
Use the App solely for your personal, non-commercial use.

You may not:

Copy, modify, adapt, translate, or create derivative works based on the App;
Rent, lease, sublicense, sell, assign, or otherwise transfer the App or any license rights;
Use the App in any unauthorized or illegal manner.

6.3 License to Business Partners

Subject to a separate commercial agreement, Business Partners receive a non-exclusive, non-transferable license to:

Deploy the App to their customers;
Configure their own product catalog and business rules;
Access data and dashboards as described in the relevant contract.

The specific scope of license is defined in each Business Partner Agreement.

6.4 User Content and Feedback

"User Content" includes:

Information you provide (e.g., profile data, responses, reviews);
Your analysis results and historical tracking (excluding raw image data which is not stored);
Communications sent through the App.

You retain any rights you have in User Content. By submitting User Content, you grant SkinMate and our Business Partners a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, process, reproduce, display, and modify such content as necessary to:

Provide and improve the Services;
Fulfill purchases and customer support;
Comply with legal obligations.

If you submit feedback, ideas, or suggestions, you agree that:

SkinMate may use such feedback without restriction;
You are not entitled to any compensation;
SkinMate is not obligated to implement or acknowledge your feedback.

6.5 Anonymized and Aggregated Data

SkinMate may use anonymized or aggregated data derived from your use of the App for:

Statistical analysis;
Product and algorithm improvement;
Research and development;
Industry reporting and benchmarking.

Such data cannot reasonably identify you and is no longer treated as personal data under applicable law.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, share, and protect your personal data and biometric information. The Privacy Policy is incorporated by reference into these Terms.

7.2 Biometric Data and Facial Images

When you use the App, you may capture a facial image which is processed using AI.

We do not store your original facial photographs or cropped images in our database.
Only derived analysis results and scores are retained for your profile and tracking.

7.3 International Transfers and Compliance

If your data is processed outside your country, appropriate safeguards such as Standard Contractual Clauses and Transfer Impact Assessments are used where required by GDPR and similar regulations.

By using the App, you acknowledge that your data may be processed in jurisdictions that may have different data protection laws than your own.

8. Purchases, Payments, and Third‑Party Products

8.1 Product Listings

Products recommended in the App are typically provided by Business Partners (e.g., skincare brands, clinics, or retailers). While SkinMate facilitates discovery and, in some cases, ordering:

Product descriptions, prices, and availability are provided by Business Partners;
SkinMate does not manufacture or control the composition of those products;
All product-related guarantees or warranties are the responsibility of the Business Partner.

8.2 Purchasing Process

Depending on integration:

You may purchase directly within the App using integrated checkout; or
You may be redirected to a Business Partner's website or payment system.

Contract for the sale of goods is usually between you and the Business Partner, not SkinMate, unless otherwise explicitly stated.

8.3 Payment Processing

Payments made through the App may be processed by third‑party payment processors under their own terms and privacy policies. You agree to:

Provide accurate and valid payment information;
Authorize the total price shown at checkout;
Comply with all additional payment terms presented by the processor.

SkinMate does not store full payment card details and is not responsible for issues arising from payment processors, except where required by mandatory law.

8.4 Refunds and Returns

Refunds, returns, or exchanges for purchased products are governed by the relevant Business Partner's policies. You should review those policies before purchasing. SkinMate may facilitate communication but is not obligated to process refunds unless explicitly stated.

8.5 Taxes and Duties

All prices shown may exclude applicable taxes, customs duties, and other charges unless otherwise indicated. You are responsible for any such amounts unless stated to the contrary.

9. Service Levels, Support, and Modifications

9.1 No Guarantee of Continuous Availability

While efforts are made to maintain a high level of service availability, the App may occasionally be unavailable due to:

Maintenance, updates, or repairs;
System failures, network issues, or force majeure events;
Changes in business or legal requirements.

9.2 Support

SkinMate may provide customer support via in‑App chat, email, or other channels. Support hours and response times may vary. Business Partners may also offer first‑line customer support for their customers.

9.3 Updates and Upgrades

SkinMate may automatically install updates, bug fixes, and improvements. You agree that such updates may be automatically installed without separate notice, and are part of the Services. Some updates may change or remove certain features.

10. Disclaimers

10.1 General Disclaimer

To the maximum extent permitted by law, the App and all related services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non‑infringement;
Warranties that the App will be uninterrupted, error‑free, secure, or compatible with all devices or configurations;
Warranties regarding the accuracy, reliability, or completeness of analysis results or recommendations.

10.2 Cosmetic and Informational Use Only

The App provides information and cosmetic recommendations only. It does not provide:

Professional medical advice or dermatologic care;
Diagnosis or treatment of any disease;
Health or medical services regulated under healthcare laws.

You assume all risk for your use of recommendations, including any reaction to products. Consult a healthcare professional for medical concerns.

10.3 Third‑Party Content and Links

The App may display or link to third‑party content, websites, products, or services. SkinMate:

Does not endorse or control such third‑party resources;
Is not responsible for their accuracy, legality, or availability;
Disclaims liability for damages arising from your use of, or reliance on, such third‑party resources.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

11.1 Exclusion of Certain Damages

SkinMate, its affiliates, officers, employees, and licensors will not be liable for any:

Indirect, incidental, special, consequential, or punitive damages;
Loss of profits, revenue, data, goodwill, or business opportunities;
Personal injury or property damage resulting from your access to or use of the App;
Errors or omissions in any content;
Unauthorized access to or use of our secure servers and/or any personal information stored therein where we have implemented reasonable safeguards.

11.2 Cap on Direct Damages

In any event, SkinMate's total aggregate liability arising out of or related to these Terms or your use of the App shall not exceed:

The greater of (i) the amounts you have paid us directly for use of the App in the twelve (12) months prior to the incident; or (ii) USD 100 (or equivalent in local currency).

11.3 Basis of the Bargain

You acknowledge that the limitations and exclusions in this Section are fundamental elements of the agreement between you and SkinMate and enable us to provide the App at an economically feasible price.

11.4 Jurisdiction‑Specific Rights

Some jurisdictions do not allow certain warranty exclusions or limitations of liability. In such cases, the limitations will apply to the fullest extent permitted by law, and you may have additional statutory rights.

12. Indemnification

You agree to indemnify, defend, and hold harmless SkinMate, its affiliates, officers, employees, agents, and licensors from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

Your access to or use of the App;
Your violation of these Terms or any applicable law;
Your violation of any third‑party right, including privacy, publicity, or intellectual property rights;
Any User Content or data you submit, upload, or share through the App;
Any interaction or transaction between you and a Business Partner or other third party.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

13. Term, Suspension, and Termination

13.1 Term

These Terms remain in effect from the moment you first access the App until terminated by you or SkinMate.

13.2 Termination by You

You may stop using the App at any time. To close your account:

Use the in‑App "Delete Account" feature; or
Contact us at support@skinmate.ai.

Account deletion will be handled in accordance with the Privacy Policy.

13.3 Suspension or Termination by SkinMate

SkinMate may suspend or terminate your access to the App, in whole or in part, at any time, with or without notice, if:

You breach these Terms or our Privacy Policy;
We are required to do so by law or court order;
Operation of the App becomes impracticable due to technical, security, or legal reasons;
You engage in abusive or fraudulent activity.

13.4 Effect of Termination

Upon termination:

The license granted to you under these Terms will immediately end;
You must stop all use of the App and uninstall it from your devices;
Certain provisions which by their nature should survive (e.g., ownership, limitation of liability, indemnity) will continue to apply.

14. Changes to These Terms

We may revise these Terms from time to time. When we do:

The "Last Updated" date will be changed;
Material changes will be communicated via in‑App notification, email, or prominent notice;
Continued use of the App after changes become effective constitutes your acceptance of the revised Terms.

If you do not agree to updated Terms, you must stop using the App and delete your account.

15. Governing Law and Dispute Resolution

15.1 Governing Law

Unless mandatory law of your country requires otherwise, these Terms and any disputes arising out of or relating to them are governed by the laws of Nepal, without regard to its conflict of law rules.

15.2 Initial Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve the dispute informally by contacting us at legal@skinmate.ai. We will attempt to resolve the dispute in good faith within 30 days.

15.3 Jurisdiction and Venue

Subject to any mandatory consumer protection rights:

Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts located in Kathmandu, Nepal;
You and SkinMate consent to the personal jurisdiction of these courts.

15.4 Consumer Rights

If you are a consumer resident in the EU, UK, or other jurisdiction with specific consumer dispute rights, you may have the right to bring claims before courts in your country of residence or use online dispute resolution platforms provided by regulators.

15.5 Class Action Waiver (where permitted)

Where permitted by law, you and SkinMate agree that:

Each may bring claims against the other only in an individual capacity;
No class actions, class arbitrations, or representative proceedings are allowed.

16. Export Control and Sanctions

You represent that:

You are not located in a country that is subject to comprehensive trade or economic sanctions;
You are not listed on any government list of prohibited or restricted parties.

You agree not to access or use the App in violation of applicable export control or sanctions laws.

17. App Stores and Third‑Party Platforms

If you download the App from an app store or platform (e.g., Apple App Store, Google Play):

Your use of the App may be subject to the store's own terms and conditions;
The store is not responsible for maintenance or support of the App;
In case of any conflict between these Terms and the app store's terms, these Terms govern the relationship between you and SkinMate (to the extent allowed by the store's policies).

Apple‑specific terms, for example:

Apple is not responsible for any claims related to the App, including product liability, legal compliance, or consumer protection;
In the event of failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any).

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Business Partner Agreement, constitute the entire agreement between you and SkinMate regarding the App and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that best reflects the parties' original intent.

18.3 No Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

18.5 Language

These Terms may be translated into other languages for convenience. In case of conflict between the translated version and the English version, the English version shall prevail (unless otherwise required by law).

19. Contact Information

For questions about these Terms or the App, or to raise any concerns, please contact:

Subin Hachhethu

SkinMate

Acaiberry Technologies

Kupondole, Lalitpur

44700, Nepal

Email: legal@skinmate.ai

Support: support@skinmate.ai

BY USING THE SKINMATE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.