Terms of Service Agreement

Welcome to Dermasync! We’re glad you are here.

Dermasync is a unique and proprietary system designed to help you learn more about your skin and how to care for it with personalized insights and routines based on your skin type and history, potential impacts from lifestyle factors you share, your local weather, and changing skin patterns that could be related to your menstrual cycle. The Services (defined below) are informational and educational and are personalized to you based on the information you provide to us or authorize us to receive from a third-party Connected Service (defined in Section 10), such as Apple HealthKit, or from our weather-data provider, such as Apple WeatherKit. These Terms (defined below) explain how you may use the Dermasync Services and what you can expect from them. These Terms are written in a conversational style, but they are a binding legal agreement.

1. About These Terms and Your Agreement to these Terms

This Terms of Service Agreement (“Terms”) governs your access to and use of Dermasync’s mobile application, websites, customer support, Dermasync-managed social media pages, subscriptions, software, product library, menstrual cycle tracking features, integrations, content, AI-supported phrasing, and related services (collectively, the “Services”). “Dermasync,” “we,” “us,” and “our” mean Dermasync, Inc., a Delaware corporation. “You,” “your,” and “Member” mean each individual who creates an account or otherwise accesses or uses the Services. “Service Providers” means third parties that perform services or process information on Dermasync’s behalf and are bound by contractual restrictions, as further described in the Privacy Policy.

By creating an account with Dermasync, subscribing, or using the Services, you accept and agree to these Terms and acknowledge that you have reviewed and read the Terms, the Dermasync Privacy Policy (the “Privacy Policy”), and the Dermasync Consumer Health Data Privacy Policy (the “Consumer Health Data Privacy Policy”). The Dermasync Cookie Policy (the “Cookie Policy”) describes the cookies and similar technologies used on Dermasync’s public websites and is incorporated into these Terms by reference. Before your Dermasync account is created, you are asked to affirmatively accept these Terms by checking a separate checkbox during sign-up. If you do not agree to these Terms, you may not access or use the Services.

If a separate written agreement signed by Dermasync applies to your use of the Services, that agreement controls to the extent it conflicts with these Terms.

2. Eligibility and Availability

The Services are currently available only to individuals who are at least 18 years old, reside in the United States, and are located in a state where Dermasync offers the Services. The Services are not intended for, marketed to, or available to children or anyone under the age of 18.

The Services are currently designed for adult individuals seeking skincare education and routine support, menstrual cycle tracking, and wellness-related guidance. Dermasync does not provide medical care, medical diagnosis, medical treatment decisions, or any other health or medical service. Eligibility may also be limited by product design, regulatory requirements, and state-specific legal requirements.

If we do not offer the Services in your state or jurisdiction, you may not create a Dermasync account or use the Services. We may expand, limit, suspend, or discontinue availability in any location at any time at our discretion or where legally or operationally appropriate. The Services are not currently offered to residents of Washington State.

By creating a Dermasync account or using the Services, you represent and agree that:

Basic Skincare Mode and Member-Controlled Data

Menstrual cycle tracking is a fundamental feature of the Services, used to provide personalized cycle-aware skincare education and routine guidance, but you decide what cycle information you enter or import. You may also use Dermasync in a basic skincare mode without entering or importing your menstrual cycle information or enabling other optional data sources. If you do not provide or enable Dermasync to use your menstrual cycle information, menstrual cycle-aware personalization, phase-based skincare insights and guidance, and period and ovulation indicators will not be available to you; a basic skincare experience, including general education and routines, will remain available, but it will not be customized to changes in your skin related to your menstrual cycle. Any other lifestyle, skin, skin-history, and environmental information that you enter, or that is imported with your permission, will be used to personalize the Services.

3. What Dermasync Does—and Does Not Do

Dermasync provides educational and informational skincare guidance, routines, wellness insights, product-shelf building tools, ingredient information, and menstrual cycle tracking, personalized to you based on information you provide or authorize us to receive. Inputs may include skin type and skincare goals, product information, skin observations, product reactions, medications, birth control, lifestyle factors (such as sleep, stress, diet, and exercise), environmental conditions (such as weather, humidity, and UV index), menstrual cycle and select health information, and other information you choose to share or connect.

As part of the Services, Dermasync generates and provides to you personalized routines, educational observations, predictive insights, product-related suggestions, menstrual cycle indicators, menstrual cycle-aware skincare personalization, and select skin care related information and education references (collectively, “Outputs”). Outputs are provided for informational, educational, and general wellness purposes only. Outputs are not medical advice, medical care, medical diagnosis, medical treatment decisions, or any other health or medical service, and should not be treated as a medical diagnosis, treatment plan, clinical recommendation, or substitute for professional medical advice from a licensed, qualified, or trained healthcare professional.

Dermasync currently does not access, receive, or store any photographs and, therefore, does not provide photograph analysis, facial analysis, image-based diagnosis, skin-feature assessment, or evaluation of uploaded images. Any such optional photographs are stored on your personal mobile device.

It is important to note that:

Menstrual Cycle Tracking Feature

To provide cycle-aware skincare insights and routine suggestions, the Services offer a menstrual cycle tracking feature that allows you to record events relating to your menstrual cycle, including period start and end dates, menstrual cycle duration and flow, contraceptive method and use, pregnancy status, perimenopause and menopause status, cycle-related symptoms (such as mood, cramps, and acne flare-ups), and related observations. You may also authorize Dermasync to receive menstrual cycle and other wellness information from Connected Services, such as Apple HealthKit.

Dermasync applies the information you provide or authorize us to receive to provide menstrual cycle-aware skincare personalization (insights, routine suggestions, product suggestions); identification of your current phase among four phases of the menstrual cycle; estimated period start and ovulation dates; cycle history summaries; and skincare-related reminders. Menstrual cycle indicators and phase identifications provided as part of the Services are estimates generated from the information you provide or import. Menstrual cycle indicators and phase identifications provided as part of the Services are educational and skincare-focused, and are not intended to be a contraceptive tool, fertility diagnostic, pregnancy test, or medical device, and thus should not be relied upon for contraception, fertility planning, pregnancy determination, or medical decisions. Dermasync and the Services do not verify any information or data, including menstrual cycle or pregnancy information, and do not evaluate, assess, or determine reproductive-health status or conditions.

4. Medical, Wellness, and Emergency Disclaimer

You should always consult a qualified or experienced healthcare professional about any medical concerns, including skin conditions, health symptoms, medications, allergies, product safety, persistent irritation, menstrual, reproductive, hormonal, or fertility questions, or whether a product or routine is right for you.

Dermasync and the Services — including the menstrual cycle tracking feature — are not intended for medical diagnosis, treatment decisions, emergency situations, or any other clinical use, and should not be used to make decisions about any medical condition, medication, allergy, pregnancy, fertility, contraception, or reproductive-health matter.

If you believe you may be experiencing a medical emergency, severe allergic reaction, infection, or urgent health issue, call 911 or your local emergency contact information, or seek immediate medical attention.

Non-HIPAA Status

Dermasync is not a covered entity, business associate, or subcontractor under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and the Services are not subject to HIPAA. Consumer Health Data (as defined in the Consumer Health Data Privacy Policy), including menstrual cycle data, is protected as described in the Privacy Policy, the Consumer Health Data Privacy Policy, and applicable consumer health data laws.

5. AI-Supported Features and Your Judgment

Personalized outputs generated or provided by the Services — including cycle-aware skincare suggestions and cycle indicators — are generated by a unique, proprietary deterministic, rules-based system that does not use artificial intelligence or machine learning (collectively, “AI”) and is not trained on or changed by your data. Separately, the Services employ a third-party large language model technology (an “AI Phrasing Tool”) solely to phrase a written response based upon the reasoned Outputs in clear, approachable language, informed by a curated library of select dermatological and menstrual cycle-science reference sources. Outputs, including the AI-assisted phrasing of such Outputs, are based on select third party information and may be inaccurate, incomplete, inconsistent, outdated, biased, misleading, or unexpected.

The suggestions and responses in the Outputs generated by the Services may be different for different individuals, and may vary notwithstanding differences or consistencies relating to skin type, skin tone, age, health conditions, product use, environmental factors, menstrual cycle regularity, and data availability. No licensed professional reviews, verifies, approves, or endorses each decision-tree-generated suggestion or prediction, or its wording as phrased by the AI Phrasing Tool.

You remain responsible for using independent judgment before acting on any Output or information provided from your use of the Services. It is important to note that:

No Reliance on Predictive Outputs

Predictive insights, suggestions, forecasts, correlations, menstrual cycle-aware skincare personalization, period and ovulation indicators, phase identifications, routine suggestions, product-compatibility assessments, environmental observations, and similar Outputs provided by the Services are estimates and are for educational and informational purposes only. Outputs and other information provided by the Services should not be relied upon as factual, guaranteed, complete, current, medically validated, or suitable information for any particular purpose, including contraception, fertility planning, or pregnancy determination. You remain responsible for deciding whether any Output, suggestion, or any other information generated or provided by the Services is appropriate for you or relates or applies to you or any condition that you may have, and whether you should consider consulting qualified medical professionals.

AI Service Provider Restrictions

The Services currently use large language model services provided by Anthropic, a public benefit corporation, and may use similar services provided by other Service Providers, as the AI Phrasing Tool to phrase suggestions and information determined by the Services’ decision-tree logic system.

Dermasync does not share identifiable Personal Information, Consumer Health Data, including menstrual cycle data, health conditions, or health symptoms with Service Providers of AI Phrasing Tools, and does not permit any Service Providers of AI Phrasing Tools to use identifiable Personal Information, Consumer Health Data, including menstrual cycle data, health conditions, or health symptoms, for model training, resale, advertising, profiling, or any purpose other than providing the requested feature, as described in the Privacy Policy.

6. Scientific Evidence and Citations

Skincare-related educational content, recommendation frameworks, and guidance generated and provided by the Services are developed using select curated scientific and dermatological information, which may include peer-reviewed scientific studies, published literature, and other authoritative scientific or industry guidance by third parties that are not affiliated with Dermasync. The Services may also use manufacturer-provided product and ingredient information and data that you provide or authorize us to receive to applying and personalizing the Services.

Scientific knowledge and findings continue to evolve, and research and information that may be used or relied upon by the Services may be or may become outdated, may be or may become subject to differing interpretations, or may not directly support individualized Outputs or information generated or provided by the Services. The citation or reliance of a study, knowledge, finding, or other resource does not establish medical consensus or mean or conclude that any particular skincare routine, product, ingredient, menstrual-cycle indicator, or personalized suggestion has been clinically validated for you or any other individual. Information and suggestions provided by the Services are not a substitute for professional medical advice, and you or any other individual using the Services should consult a qualified or experienced healthcare professional for individualized medical advice or services for any questions or concerns regarding skin or health matters.

7. Products, Ingredients, Barcode Scanning, and Patch Testing

Product Library and Product Shelf. The Services let you scan, manually enter, or select products from Dermasync's product database (the "Product Library") to build your personalized product list (your "Product Shelf"). The Product Library includes:

• Licensed industry product and ingredient data covering more than 220,000 products;
• Product information obtained from third-party product data Service Providers (currently The Beauty API); and
• Other third-party products added by Dermasync or by other users of the Services.

Dermasync's internal program systems run the scanning, search, and selection features of the Product Library and Product Shelf. The one exception is when a product you search for or scan is not already in the Product Library. In that case, Dermasync's servers may obtain the information regarding such product from a product data Service Provider. Only your search terms or the barcode number are sent and made available to the product data Service Provider. No Personal Information, Health Data, or Consumer Health Data is sent or made available to the product data Service Provider. Product images may be obtained by us from the Service Provider's image servers, as described in our Privacy Policy. Any product information obtained by us from a product data Service Provider becomes part of the Product Library and is subject to the same limitations as all other Product Library information under this Section 7.

No Product Endorsement or Warranty; Your Responsibility for Product Use. Dermasync does not manufacture, sell, test, certify, inspect, label, warrant, or guarantee any skincare, beauty, or cosmetic product, including any product that is in the Product Library. Reference or inclusion of a product in the Services, your Product Shelf, or the Product Library does not mean Dermasync endorses, approves, sponsors, or guarantees that product.

Manufacturers may reformulate products, and product information may be incomplete, incorrect, or outdated. You should always read product labels, ingredient lists, manufacturer warnings, and directions before use of any product, including products that may be in the Product Library, even if you have used the product before. You agree to safe practices with respect to the use of skincare products, including (without limitation):

8. No Guarantee of Results

Dermasync and the use of the Services are not a guarantee of any particular skincare result, outcome, or effect, including without limitation menstrual cycle or ovulation indication accuracy, phase-identification accuracy, menstrual cycle-aware personalization accuracy, product compatibility, skin routine effectiveness, product availability, or your satisfaction with the Services. Individual results vary and depend on many factors and the accuracy of the inputs or information provided, including skin biology, products used, environment, lifestyle, health conditions, medications, allergies, menstrual cycle regularity, menstrual cycle information or other information you provide or authorize us to receive, and the accuracy and completeness of information used to provide the Services.

9. Your Dermasync Account and Responsibilities

You must create an individual, personal Dermasync account to use the Services. Your Dermasync account is personal to you, and you may not share, sell, assign, transfer, sublicense, or make it available to any other individual or person.

Because the Services provide personalized outputs based on your profile, inputs, usage, menstrual cycle information (if provided), and connected data, sharing an account reduces the accuracy and reliability of Outputs as they pertain to you. For this reason, Dermasync does not authorize, permit, or support shared, family, household, group, or multi-user accounts. With respect to your Dermasync account and your use of the Services, you agree to:

Your Notes, Product Records, Menstrual Cycle Logs, and Other Submitted Content

You are solely responsible for information, notes, observations, product records, routine history, reactions, preferences, goals, menstrual cycle information (including period start and end dates, flow, symptoms, and related observations), and other content you choose to submit or make available to the Services, and for the completeness and accuracy of all information and data you submit or make available to the Services. You represent that you own and have the right to provide all information and data that you submit or make available to the Services and that such information and data is accurate and complete to the best of your knowledge and capabilities. Dermasync does not independently verify any information and data that you submit or make available to the Services, which directly affects the quality, accuracy, and usefulness of Outputs, including cycle phase indicators and cycle-aware skincare suggestions provided by the Services.

Passwordless Login and Account Security

Access to your personal Dermasync account and the Services currently use passwordless sign-in methods, such as “Sign-in” through your Apple personal device or one-time codes sent to you by email. You are responsible for protecting the email address and account that you select to receive email messages with access codes, third-party login accounts, personal devices, the encryption key provided to you, and authentication methods you use to access your personal Dermasync account and the Services.

10. Privacy, Consumer Health Data, and Connected Services

The Privacy Policy and the Consumer Health Data Privacy Policy explain how Dermasync collects, uses, discloses, retains, deletes, protects, and otherwise processes Personal Information, Health Data, and Consumer Health Data. Those capitalized terms, and the term “Anonymized Datasets,” have the meanings assigned to them in the Privacy Policy and the Consumer Health Data Privacy Policy. The Privacy Policy and the Consumer Health Data Privacy Policy are incorporated into these Terms by reference. For Consumer Health Data matters, the Consumer Health Data Privacy Policy controls if it conflicts with the Privacy Policy or these Terms. For other privacy matters, the Privacy Policy controls if it conflicts with these Terms. These Terms control all other matters.

With your permission, certain Health Data and other Personal Information may be provided to Dermasync from third-party applications, platforms, devices, or services, such as Apple HealthKit, Apple WeatherKit, or similar integrations (collectively, “Connected Services”). Connected Services are voluntary, separate from Dermasync, and may be managed through your in-app privacy permissions, as further described in the Privacy Policy.

Dermasync does not own or control Connected Services and is not responsible for their availability, security, accuracy, timeliness, performance, or terms, or the completeness or accuracy of the information or data provided by Connected Services. Data imported from Connected Services, including menstrual cycle data, may be inaccurate, incomplete, delayed, or unavailable.

De-Identified, Aggregated, and Anonymized Information

Dermasync’s creation and use of aggregated, anonymized, or de-identified information, including any separate optional consent and the exclusion of information obtained from Apple HealthKit, are governed by the Privacy Policy and the Consumer Health Data Privacy Policy.

Access, Correction, Export, and Deletion Requests

Your rights and available controls to access, correct, export, or delete data; manage consents and Connected Services; and withdraw optional consent for Anonymized Datasets are described in the Privacy Policy and the Consumer Health Data Privacy Policy.

Retention After Account Deletion

The deletion and retention of information following data deletion or account deletion are governed by the Privacy Policy and, for Consumer Health Data, the Consumer Health Data Privacy Policy.

Subscription-Based Business Model; No Data Broker Status

Dermasync is a subscription-based service and is not a data broker. Additional disclosures concerning Dermasync’s business model, encryption architecture, access controls, and handling of Personal Information, Health Data, and Consumer Health Data are set forth in the Privacy Policy and the Consumer Health Data Privacy Policy.

11. Subscriptions, Platform Store Billing, and Automatic Renewal

Access to paid features requires an active subscription with Dermasync. Subscription plans, pricing, trial terms, promotional offers, billing frequency, and renewal terms are presented before purchase.

Subscriptions with Dermasync and the Services are currently purchased, charged, renewed, managed, and processed through the third-party platform from which you downloaded the Dermasync mobile application, which is currently the Apple App Store (using your Apple Account). When the Dermasync mobile application is available through Google Play, subscriptions purchased through Google Play are processed using Google Play Billing and your Google Account (the Apple App Store and, when available, Google Play, each a “Platform Store” and, together, the “Platform Stores”). Dermasync does not collect, store, or process your payment-card number or payment credentials provided to or stored by Platform Stores. Dermasync is not affiliated with the Platform Stores. Each Platform Store administers billing under its own terms and agreements with you, and the Platform Store you used to purchase your subscription with Dermasync controls the billing, subscription management, cancellation, refund, receipt, payment-failure, renewal, upgrade, downgrade, and tax procedures applicable to that subscription – not Dermasync.

Unless you cancel before the end of an applicable trial period, promotional period, or paid billing period, your subscription with Dermasync and the Services automatically renews through the applicable Platform Store for successive billing periods. The applicable Platform Store (currently, Apple) charges your Platform Store payment method that you have with the Platform Store for applicable fees and taxes.

Cancellation Does Not Occur Through Dermasync

Deleting the Dermasync mobile application, deleting your Dermasync account, contacting Dermasync Customer Care, uninstalling the Dermasync mobile application, or discontinuing use of the Services (for any period) does not cancel a subscription with Dermasync and the Services purchased through a Platform Store.

You must cancel through the Platform Store used to purchase the subscription in order to cancel your subscription with Dermasync and the Services with your Platform Store and to discontinue future charges and payment of charges.

To avoid future charges relating to your Dermasync account and the Services, you must cancel through the applicable Platform Store at least 24 hours before the end of the current trial, promotional period, or paid billing period, or such other period as the Platform Store requires.

Refunds

You may cancel your subscription at any time, and you will retain access to paid features until the end of your then-current billing period. Except as required by applicable law or provided by the applicable Platform Store, Dermasync does not provide refunds or credits for partial billing periods. Refund requests for purchases made through a Platform Store must be submitted to that Platform Store and are subject to the Platform Store's refund policies and applicable law. Apple administers refunds for Apple App Store purchases; when available, Google administers refunds for Google Play purchases. Dermasync does not approve or process refunds for Platform Store purchases directly.

Subscription Status

If the applicable Platform Store indicates that your subscription is expired, canceled, refunded, unpaid, on hold, in a grace period, suspended, paused, or otherwise not in good standing, Dermasync, with or without notice to you, may suspend, limit, or restrict your access to paid features of the Services until the Platform Store confirms that your subscription is active and the required payment has been made and has not been rescinded or reversed.

Platform Store Billing Administration

Because each Platform Store independently administers subscription billing, the applicable Platform Store's billing, subscription management, cancellation, refund, receipt, payment-failure, renewal, upgrade, downgrade, and tax procedures control with respect to that Platform Store's billing administration and payment collection and disbursement procedures. The billing administration and payment collection and disbursement procedures by Platform Stores do not limit or otherwise affect Dermasync's rights or obligations under these Terms regarding your Dermasync account, use of the Services, content, intellectual property, disclaimers, limitation of liability, arbitration, or dispute resolution as set forth in the Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, the Cookie Policy and other policies of Dermasync.

If a conflict arises between the applicable Platform Store's terms and these Terms concerning billing administration and payment collection procedures with respect to a subscription purchased through that Platform Store, the Platform Store's terms control solely for that billing administration and payment collection procedures issue.

Taxes

Platform Stores may calculate, collect, and remit applicable taxes for purchases (including subscriptions with Dermasync and the Services) made through their respective Platform Stores where required by law. Subscription prices shown in a Platform Store may not include taxes, which can vary depending on your location and the Platform Store's policies. Platform Stores, and not Dermasync, control and manage tax calculations, tax collection, and tax remittance, as may be applicable, for Platform Store purchases, including subscriptions with Dermasync and the Services.

12. Promotional Offers and Price Changes

Promotional offers, introductory pricing, or discounts may be offered by Dermasync through a Platform Store and are administered under the terms disclosed at enrollment. Unless canceled through the applicable Platform Store before the promotional or discount period of a Dermasync subscription expires, your Dermasync subscription automatically converts to a paid subscription at the current price for the Services at such time unless otherwise agreed by Dermasync in writing.

Dermasync may amend, modify, change, or adjust prices, plans, promotions, discounts, and features of your Dermasync account and the Services at any time. If a price change applies to your subscription purchased through a Platform Store, that Platform Store may provide notice and, where required, obtain your consent through the Platform Store's own processes. If you do not agree to a price change, you must cancel through the applicable Platform Store before the new price takes effect as described in these Terms. Where a Platform Store requires affirmative opt-in for a price increase and you do not opt in, your subscription may be canceled, paused, or downgraded by Dermasync or the Platform Store consistent with its policies.

13. Electronic Communications Consent

By creating an account with Dermasync or using the Services, you consent to receive electronic communications from Dermasync, including routine suggestions, login reminders, legal notices, account messages, security alerts, service updates, subscription information, customer-support messages, and other communications. Electronic communications constitute a communication in writing and satisfy any legal requirement that communications be in writing. Electronic communications may be delivered by in-app message, push notification, or email.

Push notifications by Dermasync are optional and you can consent to or discontinue receiving push notifications at any time in your Profile or in your personal device settings (if available).

Marketing or promotional email messages from Dermasync include a method to unsubscribe from future marketing or promotional email messages. Marketing SMS or text messages, if offered, will be sent only with your prior consent as required by law and will include applicable opt-out (unsubscribe) instructions. Transactional, security, operational, or account-related messages are sent even if you do not consent to receiving marketing or promotional email messages.

Notification Delivery Is Not Guaranteed

Dermasync does not guarantee delivery, timing, accuracy, or receipt of reminders, alerts, emails, SMS messages (if offered), push notifications, subscription notices, security messages, or other communications. Delivery may be affected by factors outside Dermasync’s control, such as personal device settings, operating-system controls, carrier restrictions, email filtering, spam blocking, mobile application permissions or consents, internet connectivity or availability, services provided by third-party service providers, and personal device or communication service provider settings.

14. License to Use the Services

Subject to your compliance with these Terms, Dermasync grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the Services solely for your own personal, non-commercial use during your active membership and in accordance with applicable Platform Store rules.

The Services are licensed, not sold. No ownership rights are transferred to you.

The license granted in this Section 14 of these Terms automatically terminates without notice upon violation by you of any of these Terms or if your Dermasync account or access to the Services is terminated or cancelled. Upon termination, you agree to terminate all use and access to the Services and all products and assets of Dermasync, and to delete any copy of the Dermasync application in your possession or control, except to the extent continued access is required by applicable law or Platform Store rules.

15. Dermasync Intellectual Property

Dermasync and its licensors retain all right, title, and interest in and to the Services and all products, processes, assets, and property relating thereto, including decision trees, software, source code, object code, prompts and instructions used to direct the AI Phrasing Tool, algorithms, indicator engines and systems (including menstrual cycle indicators, ovulation-date estimation logic, and phase-identification logic), personalization systems, product and citation databases, compilations, user interfaces, menstrual cycle visualizations, cycle calendars, phase wheels, phase charts, prediction summaries, menstrual cycle history reports, and all other menstrual cycle-related visual and textual outputs generated by the Services, as well as brand visual designs, taglines, graphics, mobile application and web design and content, routines, suggestions, reports, trademarks, patents, logos, trade dress, documentation, and all related intellectual property rights.

All rights of Dermasync not expressly granted to you in these Terms are reserved by Dermasync and its licensors. No license or right is granted by implication, estoppel, exhaustion, or otherwise.

Trade Secrets. The Services, their deterministic decision-tree engine, indicator engines and systems (including menstrual cycle indicator engines and systems and ovulation-date estimation logic), ingredient-compatibility tables and references, prompts, prompt templates, and prompt-engineering used to direct Dermasync’s third-party AI Phrasing Tool, personalization logic, ranking and retrieval systems and logic, user interfaces, routine suggestion engine, cycle visualizations, calendars, phase charts, menstrual cycle history reports, predictive graphics, citation and insights engine, and the underlying content, data structures, and templates used to generate outputs by the Services, product-library data, citations library and references, analytics used to operate, implement, distribute, or provide the Services, and all assets and products incorporated therein or relating thereto, constitute Dermasync's trade secrets and confidential information under the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.), the California Uniform Trade Secrets Act, and other applicable law. You shall not disclose, publish, reverse engineer, decompile, disassemble, or attempt to derive these trade secrets through any means, including AI-assisted inference, output-inversion, prompt extraction, model-cloning techniques, or similar methods, except to the limited extent expressly permitted by non-waivable law. Any product generated or obtained by you in violation of the Terms shall be exclusively owned by Dermasync and its licensors.

15A. Service Outputs

Dermasync's Rights in Outputs. As between you and Dermasync, Dermasync owns all right, title, and interest in and to Outputs, subject to the limited license granted to you below.

Your License to Use Outputs. Subject to your compliance with these Terms, Dermasync grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Outputs delivered to you by the Services — including personalized routines, cycle-aware suggestions, and cycle indicators generated by Dermasync’s deterministic decision-tree engine, together with their AI-phrased wording, and any wellness insights and educational content — solely for your own personal, non-commercial wellness use during your active membership.

Similar Outputs. Outputs may be similar or identical to outputs delivered to other individuals. You acknowledge that Dermasync may generate and deliver similar or identical outputs to other individuals, and nothing in these Terms grants you any exclusive right or interest in any Output to any other individual.

No Warranty of Non-Infringement of Outputs. Dermasync makes no representation or warranty that Outputs are original, copyrightable, protectable, or free from third-party rights or interests, and, to the fullest extent permitted by law, disclaims any warranty of non-infringement with respect to Outputs.

No Registration of Outputs. You shall not attempt to register, and shall not assist any third party to register, any copyright, trademark, design patent, or other intellectual property right in any Output, in whole or in material part, and shall not claim exclusive rights in an Output as against Dermasync or other Members.

Prohibited Uses of Outputs. You may not use Outputs to (a) develop, train, fine-tune, benchmark, validate, or improve any system (including systems relating to AI of any kind), machine-learning model, dataset, skincare application, cycle-tracking application, or wellness application, whether or not similar to Dermasync or its products and systems, including the Services, or Dermasync or whether or not relating to health, beauty, wellness, or skincare; (b) create a database, corpus, or repository of Outputs; (c) provide any commercial service to any third party from the use of the Services or the Outputs; or (d) publish Outputs in a manner that removes or obscures Dermasync's marks, attribution, or notices.

15B. Trademarks

"Dermasync," the Dermasync logo and wordmark, “Product Shelf,” and other Dermasync graphics, names, product names, feature names, taglines, and slogans (collectively, the "Dermasync Marks") are trademarks or registered trademarks of Dermasync. You may not use, register, or attempt to register any Dermasync Mark, or any confusingly similar mark, without Dermasync's prior written permission.

All other trademarks, service marks, trade names, product names, and logos referenced in or accessible through the Services — such as Apple®, Apple HealthKit®, App Store®, iPhone®, iPad®, iOS®, Sign in with Apple®, Google®, and third-party product, ingredient, and brand names — are the property of their respective owners. Reference to third-party marks is for identification and interoperability only and does not imply sponsorship, endorsement, affiliation, or partnership.

15C. Open-Source Software

The Services may incorporate certain open-source software components made available under their respective open-source licenses. Your use of those components is governed by the applicable open-source licenses, which are incorporated into these Terms by reference. To the extent an open-source license applicable to a component conflicts with these Terms with respect to that component, the applicable open-source license controls solely for that component.

16. License to Personal Inputs

Ownership. You retain ownership of the identifiable information and data you provide, submit, or enable and authorize us to receive, including information, observations, product records, routine history, reactions, preferences, goals, menstrual cycle information you record or import (including period start and end dates, cycle length, flow, symptoms, and related observations), and other content you submit through the Services (collectively, “Personal Inputs”). Personal Inputs do not include Outputs or any indicators, estimates, phase identifications, visualizations, reports, or other content generated by Dermasync or the Services, which are governed by Sections 15 and 15A of these Terms.

License to Dermasync. Subject to the Privacy Policy and the Consumer Health Data Privacy Policy, and in each case only for the purposes described below, you grant Dermasync a limited, worldwide, royalty-free, non-exclusive, sublicensable (solely to Service Providers) license to host, store, reproduce, transmit, display, and process Personal Inputs, and to create modifications and derivative works of Personal Inputs, solely to: (a) operate, secure, maintain, and provide the Services to you; (b) generate personalized outputs, routines, reminders, and cycle-aware suggestions that you have authorized; (c) improve, evaluate, and develop the Services through aggregated, anonymized, or de-identified analysis in a manner consistent with the Privacy Policy; (d) provide customer support, respond to your inquiries, and resolve disputes; (e) detect, prevent, investigate, and address fraud, misuse, security incidents, and violations of these Terms; (f) comply with applicable law and respond to lawful requests; and (g) create, compile, share, license, or sell Anonymized Datasets to third parties, including academic researchers, research institutions, or commercial partners, in each case only with the Member’s separate, optional affirmative consent where required and as described in, and consistent with, the Privacy Policy, and never using information obtained from Apple HealthKit.

Scope Limits. This license does not authorize Dermasync or any Service Provider to use identifiable Member Consumer Health Data, reproductive health data, menstrual cycle data, symptom information, medication information, allergy information, or photographs (if and when collected or obtained with your consent) for advertising, marketing, cross-context behavioral advertising, third-party marketing audiences, sale, licensing, or model training by any third-party AI provider, or for any purpose prohibited by the Privacy Policy or Consumer Health Data Privacy Policy.

Duration. The license granted in this Section 16 of these Terms continues for as long as Dermasync retains the applicable Personal Inputs consistent with the Privacy Policy. Deletion of identifiable Personal Inputs terminates this license with respect to the deleted content, subject to backup, security, dispute-resolution, and exceptions described in the Privacy Policy. Once information is aggregated and de-identified consistent with the Privacy Policy, the resulting Anonymized Datasets do not constitute Personal Inputs. Dermasync has the right to hold, own, retain, use, sell, distribute, and license Anonymized Datasets as provided in the Privacy Policy, and such right is not affected by the deletion of the underlying Personal Inputs or your Dermasync account.

Your Representations. You represent and warrant that you have all rights necessary to grant the license in this Section 16 of these Terms and that your Personal Inputs, and Dermasync's authorized use of them, do not infringe or violate the rights of any third party or applicable law.

16A. Feedback and Product Improvements

If you provide comments, suggestions, ideas, evaluations, beta test input and responses, bug reports, or other feedback or comments about Dermasync or the Services (“Feedback”), you grant Dermasync the right to use Feedback for any purpose without compensation, attribution, restriction, or obligation to you. Dermasync owns any improvements, modifications, or new products or services developed from or based on Feedback. Feedback includes feature requests, bug reports, evaluations, ideas regarding future products, workflows, interfaces, data models, algorithms, personalization systems, AI systems, in-app features, suggestion systems, product-library improvements, prompts, content, user experiences, and other suggestions or observations relating to Dermasync or the Services.

17. Member Social Content and Public Posts

If Dermasync allows reviews, community features, social posts, testimonials, images, video, or similar content through the Services or Dermasync-managed social media pages (“Member Social Content”), you are responsible for your content and must have all rights required to post Member Social Content.

You retain your rights in your Member Social Content. You grant Dermasync and its affiliates a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, display, distribute, publish, adapt, and create derivative works from Member Social Content in connection with operating, marketing, improving, and promoting Dermasync and the Services or any other product or service provided or owned by Dermasync, subject to applicable law and our Privacy Policy.

Name, Likeness, and Moral Rights. You grant Dermasync and its affiliates the right to use your name, username, handle, voice, likeness, image, and biographical information as they appear in or accompany your Member Social Content, in connection with the license granted in this Section 17 of these Terms and subject to the Privacy Policy. To the maximum extent permitted by law, you waive, and agree not to assert against Dermasync or its licensees, successors, or assigns, any moral rights, rights of attribution, rights of integrity, or similar rights in Member Social Content, and any right to inspect or approve any use of Member Social Content.

Testimonials and Endorsements. If your Member Social Content constitutes a testimonial, endorsement, review, rating, or product experience, you represent that such Member Social Content (a) reflects your honest opinions, findings, beliefs, or experience; (b) is not fabricated, misleading, or the result of undisclosed compensation; and (c) complies with the U.S. Federal Trade Commission Endorsement Guides (16 C.F.R. Part 255) and the FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465), including clear and conspicuous disclosure of any material connection between you and Dermasync or the referenced brand.

Restrictions Regarding Use.

You agree as follows:

No Duty to Monitor; Removal Rights

Dermasync has no obligation or duty to review all Member Social Content and does not assume a duty to monitor Member Social Content. Even so, Dermasync may, at any time and without notice, remove or restrict Member Social Content, suspend or terminate access, or take other action that Dermasync reasonably considers appropriate to comply with law, enforce these Terms, respond to intellectual-property or privacy concerns, protect Members, or protect Dermasync, its reputation, and its Services.

Failure to enforce the terms of this Section 17 of these Terms in one instance does not waive Dermasync’s right to enforce it in another. This Section 17 of these Terms does not create a private right of action for you or any third party, or any expectation that objectionable content will be removed.

18. Prohibited Uses

You may not use the Services or assist any other individual or person with using the Services in any manner that is inconsistent with or in violation of these Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, or any other policy or in violation of any applicable law, including, without limitation:

Security Testing, Benchmarking, and AI Training Restrictions

You shall not probe, scan, test, benchmark, stress test, load test, penetration test, evaluate, or attempt to evaluate the vulnerability, performance, architecture, security, model behavior, or internal operation of the Services or any product or system of Dermasync.

You shall not use Outputs or any other Dermasync content, response, outputs, suggestions, user interfaces, prompts, databases, product-library information, menstrual cycle-tracking outputs, services (including the Services), APIs, or related data to develop, train, tune, benchmark, validate, compare, improve, or commercialize any AI, machine-learning model, large language model, suggestion system, skincare application, menstrual cycle-tracking application, wellness application, or similar technology.

19. Beta, Pilot, and Experimental Features

Dermasync may offer beta, preview, pilot, experimental, research, early-access, limited-release, or evaluation features (“Beta Features”) to select individuals. Beta Features may be incomplete, unstable, inaccurate, unavailable, or changed or discontinued at any time at Dermasync’s discretion.

Beta Features are provided “as is” and “as available” for purposes of evaluation and Feedback. If you have access to Beta Features, you should not rely on Beta Features for medical advice, medical care, medical diagnosis, medical treatment decisions, or any other health or medical service, and Beta Features should not be treated as a medical diagnosis, treatment plan, clinical recommendation, or substitute for professional medical advice from a licensed, qualified, or trained healthcare professional, or relied upon for other personal decisions.

Testing Different Product Experiences

Dermasync may use, test, compare, modify, or deploy different AI Phrasing Tools or prompts, personalization approaches, user interfaces, content-generation methods, product-library processes, cycle-prediction methods, dashboards, reminders, and feature experiences. As a result, you may receive features, including Outputs, content, suggestions, routines, or user experiences that are different than prior experiences or different than experiences provided to or experienced by other individuals or Members.

20. Third-Party Services, Links, and Commercial Disclosures

The Services may include links, integrations, product information, sponsored content, affiliate links, promotions, advertising, or commercial relationships. Third-party products, services, websites, and platforms are controlled by third parties, and not Dermasync.

If Dermasync receives compensation or has a material connection or affiliation relating to a product suggestion, promotion, link, sponsored placement, or advertising relationship, Dermasync will disclose that relationship if required by law. You are solely responsible for any decision to purchase or use a product.

21. Regulatory Changes and Service Changes

Laws, regulations, platform rules, and regulatory guidance relating to AI, wellness systems or applications, consumer health data, menstrual cycle tracking, privacy, subscriptions, application stores, and software products may change. Dermasync may, in its sole discretion, modify, suspend, restrict, remove, or discontinue any feature, integration, suggestion, output, or service to comply with law, guidance, regulator expectations, platform requirements, operational needs, or business decisions.

No Guarantee of Feature Availability or Historical Data Preservation

Dermasync does not guarantee the continued availability, accuracy, completeness, compatibility, or performance of any specific feature, integration, suggestion engine, AI model, product library entry, cycle-tracking feature, citation database, third-party vendor relationship, third-party integration, reminder, notification, dashboard, report, or personalization capability of the Services or any other product or service of Dermasync.

Dermasync also does not guarantee preservation, recovery, restoration, or perpetual availability of any data, including without limitation historical account information, tracking history (including menstrual cycle history), product records, notes, observations, uploaded content, suggestions, routines, reports, citations, or user-generated content. You should not use Dermasync as your only copy of information that is important to you.

22. Assumption of Risk

Your use of and reliance on the Services or any other product or system of Dermasync or any Output are voluntary and at your own discretion and risk. You acknowledge that skincare routines, practices, suggestions, products, ingredients, wellness practices, menstrual cycle tracking, AI outputs, and product suggestions may be different and affect individuals differently, may depend upon many factors that are outside of Dermasync’s control or awareness, and may involve known and unknown risks, including:

Menstrual cycle tracking outputs, including menstrual cycle-aware skincare personalization (such as insights, routine guidance, product and behavior suggestions), period and ovulation indicators, menstrual phase identifications, and menstrual cycle history summaries, may be less accurate, incomplete, unavailable, delayed, outdated, or not useful if the information and data you provide or that is provided to Dermasync, including information or data regarding menstrual cycle information, is inaccurate, incomplete, unavailable, delayed, outdated, not useful, or not representative of your individual circumstances (for example, in situations that involve irregular menstrual cycles, hormonal treatment, perimenopause, pregnancy, or postpartum effects). Dermasync and the Services do not verify any information or data, including menstrual cycle or pregnancy information, and do not evaluate, assess, or determine reproductive-health status or conditions.

23. Disclaimers and Limitation of Liability

23.A Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, OUTPUTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DERMASYNC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND PERFORMANCE.

23.2 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 23.D, DERMASYNC AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (THE "DERMASYNC PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, USE, OR DATA (INCLUDING MENSTRUAL CYCLE DATA, RECORDS, OR HISTORY), ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO SECTION 23.D, THE DERMASYNC PARTIES WILL NOT BE LIABLE FOR DAMAGES ARISING FROM (a) YOUR DECISIONS OR ACTIONS BASED ON OUTPUTS, INCLUDING SKINCARE, PRODUCT, MEDICAL, HEALTH, CONTRACEPTIVE, FERTILITY, OR REPRODUCTIVE-HEALTH DECISIONS; (b) YOUR USE OF ANY SKINCARE PRODUCT OR INGREDIENT; (c) THIRD-PARTY PRODUCTS, DATA, SERVICES, OR CONNECTED SERVICES; OR (d) ANY INTERRUPTION, DELAY, OR UNAVAILABILITY OF THE SERVICES.

23.C Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 23.D, THE DERMASYNC PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID FOR THE SERVICES, WHETHER DIRECTLY OR THROUGH A PLATFORM STORE, DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100.00).

23.D Exceptions. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A DERMASYNC PARTY; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (c) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23.E Applicable Law; Basis of the Bargain. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, THEY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 23 REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND DERMASYNC AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

24. Dispute Resolution and Binding Individual Arbitration

Please read this section carefully. The Terms in this Section 24 of these Terms affect your legal rights with respect to the assertion and adjudication of claims. Except for claims that qualify for small claims court and claims seeking temporary or preliminary injunctive relief to protect intellectual property, confidential information, security, or unauthorized access, you and Dermasync agree that disputes arising out of or relating to these Terms, the Services, your Dermasync account, your Dermasync subscription, or your relationship with Dermasync will be resolved by final and binding individual arbitration rather than in court.

Before starting arbitration, the party asserting a claim must send the other party written notice describing the claim and the relief requested. Notices to Dermasync must be delivered in writing to legal@trydermasync.com or to Dermasync’s Legal Dept. mailing address in Section 32 of these Terms. The parties shall try in good faith to resolve the dispute informally for at least 30 days after the receiving party’s receipt of the notice, unless applicable law requires otherwise.

If the dispute is not resolved informally, arbitration is to be administered by the American Arbitration Association under its Consumer Arbitration Rules or similar rules then in effect, unless the parties agree to another administrator or rules. Arbitration shall occur in Los Angeles County, California, by video or telephone, or by document submission, as allowed by the administrator and applicable rules or law.

To the fullest extent permitted by law, you and Dermasync expressly and intentionally waive the right to a trial before a jury. To the fullest extent permitted by law, disputes proceed only on an individual basis. Neither you nor Dermasync may bring or participate in a class action, class arbitration, collective action, coordinated proceeding, private attorney general action, representative action, or similar proceeding. The arbitrator may not consolidate claims or preside over any class, collective, representative, or coordinated proceeding.

Public Injunctive Relief; Limitations Period. If a court determines that applicable law precludes enforcement of any part of this Section 24 of these Terms as to a claim for public injunctive relief, that claim will be severed and stayed pending completion of arbitration of all other claims, and then litigated in the court specified in Section 25 of these Terms. Any claim relating to these Terms or the Services or any other services or product by Dermasync must be brought within one (1) year after the claim arises, unless otherwise permitted by law.

If 10 or more substantially similar arbitration demands are filed against Dermasync by the same or coordinated counsel, or are otherwise treated as a mass arbitration under applicable rules, the proceedings may be administered using mass-arbitration procedures, batching procedures, bellwether proceedings, scheduling protocols, or other procedures of the applicable administrator to the extent permitted by law. Such administration does not authorize class or representative arbitration.

You may opt out of this arbitration agreement by sending written notice to legal@trydermasync.com or to Dermasync’s Legal Dept. mailing address in Section 32 of these Terms within 30 days after you first accept these Terms or create your Dermasync account, whichever occurs first. Your notice must include your name, account email address, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other terms of these Terms or your access to or use of the Services or any other service or product of Dermasync.

25. Governing Law and Venue

Except to the extent preempted by law or as provided under Section 24 of these Terms, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For disputes not subject to arbitration or small claims court, the state and federal courts located in Los Angeles County, California, have exclusive jurisdiction, and you and Dermasync consent to venue and personal jurisdiction of such courts.

If applicable consumer law requires a different governing law, venue, or forum, this section applies only to the extent permitted by that law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

26. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Dermasync and its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, attorneys, and content providers from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, violation of these Terms, violation of law, infringement or misappropriation of any third party’s rights, or your Member Social Content.

27. Platform Store Terms

If you download, access, or use the Services including the Dermasync mobile application from a Platform Store, the terms in this Section 27 of these Terms applicable to that Platform Store also apply. These Terms are between you and Dermasync only, and not between either you or Dermasync and such Platform Store.

27A. Apple App Store

If you download, access, or use the Services including the Dermasync mobile application, on an Apple-branded product or device or through the Apple App Store, the following terms in this Section 27A of these Terms (in addition to all other terms of the Terms) apply. These Terms are between you and Dermasync only, and not either you or Dermasync and Apple. Dermasync, and not Apple, is responsible for the Services, including the Dermasync mobile application, and its content. Your use of the Services, including the Dermasync mobile application, and its content must comply with the Apple Media Services Terms and Conditions and applicable App Store rules.

License. The license granted to you is limited to use on Apple-branded products that you own or control, as permitted by Apple's usage rules. Dermasync is responsible for maintenance and support relating to the Services, including the Dermasync mobile application, as described in these Terms or required by law; Apple has no obligation to provide maintenance or support relating to the Services, including the Dermasync mobile application.

Warranties. To the maximum extent permitted by law, Dermasync disclaims warranties for the Services, including the Dermasync mobile application. If the Services, including the Dermasync mobile application, fail to conform to any legally required warranty, you may notify Apple, and Apple may refund the purchase price, if any, relating to the Dermasync mobile application to the extent use of the mobile applications and services were through Apple. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Services, including the Dermasync mobile application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty relating to the Services, including the Dermasync mobile application, are Dermasync’s sole responsibility. Dermasync, and not Apple, is responsible for addressing any claims by you or any third party relating to the Services, including the Dermasync mobile application, or your access and use of the Services, including the Dermasync mobile application, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the use of the HealthKit framework.

Intellectual Property Claims. In the event of any third-party claim that the Services, including the Dermasync mobile application, or your use of the Services, including the Dermasync mobile application, infringes that third party’s intellectual property rights, Dermasync, and not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.

Third Party Terms. You must comply with all applicable third-party terms of agreement when using the Services, including the Dermasync mobile application, such as any wireless data service agreement between you and such provider.

Export and Sanctions Compliance. Your export and sanctions representations and obligations are set forth in Section 30A of these Terms.

Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Apple Trademarks. Apple®, App Store®, iPhone®, iPad®, iOS®, Sign in with Apple®, and related marks are trademarks of Apple Inc. Reference to Apple marks is for identification and interoperability only and does not imply sponsorship, endorsement, affiliation, or partnership.

27B. Google Play (Not Currently Offered)

If you download, access, or use the Dermasync app on an Android device or through Google Play, the following terms also apply. These Terms are between you and Dermasync only, not Google. Dermasync, not Google, is responsible for the app and its content. Your use of the app must comply with the Google Play Terms of Service, the Google Play Billing policies, and other applicable Google Play policies.

License. The license granted to you is limited to use on Android devices that you own or control, as permitted by the Google Play Terms of Service.

Maintenance and Support. Dermasync is responsible for app maintenance and support as described in these Terms or required by law. Google has no obligation to provide maintenance or support for the Dermasync app.

Warranty. To the maximum extent permitted by law, Dermasync disclaims warranties for the app. Google does not warrant the Dermasync app, and any statutory or Google-Play-provided remedies for warranty failures are between you and Google (or, where required by applicable law, between you and Dermasync) and not the responsibility of the other party.

Product and Legal Claims. Dermasync, not Google, is responsible for addressing product claims, legal or regulatory claims, consumer-protection claims, privacy claims, and intellectual-property claims relating to the app or your use of it. This does not limit any rights or claims you may have against Google under the Google Play Terms of Service or applicable law.

Export and Sanctions Compliance. Your export and sanctions representations and obligations are set forth in Section 30A of these Terms.

No Third-Party Beneficiary. Except as expressly required by the Google Play Developer Distribution Agreement or Google Play policies, Google and its affiliates are not third-party beneficiaries of these Terms and have no rights to enforce these Terms against you. Nothing in this Section 27B limits any independent rights Google may have under its own terms with you.

Google Trademarks. Google Play®, Android®, Google®, Google Sign-In®, and related marks are trademarks of Google LLC. Reference to Google marks is for identification and interoperability only and does not imply sponsorship, endorsement, affiliation, or partnership.

28. Termination and Deletion of Your Dermasync Account

You may stop using the Services and request account deletion at any time in your in-app Profile settings. Dermasync may suspend, limit, or terminate your Dermasync account or access to the Services if you violate these Terms, create risk or liability, misuse the Services, provide inaccurate information, fail to maintain an active subscription for paid features, or if we discontinue the Services.

Deleting your Dermasync account or uninstalling the Dermasync mobile application does not cancel a subscription purchased through a Platform Store. You must cancel separately through the applicable Platform Store (e.g., Apple App Store), as described in Section 11 of these Terms.

Account Deletion Timing and Backups

Account deletion begins promptly upon your request, without an additional grace period. The deletion of data, removal of data from backups, retention of certain information following account deletion, and recoverability of deleted information are governed by the Privacy Policy and, for Consumer Health Data, the Consumer Health Data Privacy Policy.

29. Digital Millennium Copyright Act (DMCA) Copyright Policy

Dermasync respects intellectual property rights. In appropriate circumstances, Dermasync may terminate Dermasync accounts of Members who knowingly infringe copyrights. If you believe content in the Services infringes a copyright you own or control, please send a notice that satisfies 17 U.S.C. § 512(c)(3) to:

Copyright Agent: Dermasync Copyright Agent

Address: 453 S. Spring Street, Suite 1212, Los Angeles, California 90013

Email: dmca@trydermasync.com

Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees.

Repeat Infringer Policy. Consistent with 17 U.S.C. § 512(i), Dermasync reasonably implements a policy of terminating, in appropriate circumstances, the Dermasync accounts of Members who are determined to be repeat infringers of copyrights or other intellectual property rights. Dermasync may also, in its discretion, restrict access, limit features, or take other reasonable action against Members who engage in infringement of copyrights.

Counter-Notification. If content you posted was removed or disabled in response to a notice and request for action pursuant to the Digital Millennium Copyright Act and you believe the removal was the result of mistake or misidentification of the material, you may deliver a written counter-notification to Dermasync regarding such matter at the address above. Your counter-notification must include the elements required by 17 U.S.C. §512(g)(3), including: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located, or, if your address is outside the United States, the U.S. District Court for the Central District of California, and that you accept service of process from the person who submitted the original notice or an agent of that person.

Filing a materially false counter-notification may result in liability under 17 U.S.C. §512(f), including for damages and attorneys' fees.

29A. Trademark, Publicity, and Other Non-Copyright IP Complaints

The DMCA notice-and-takedown procedure in Section 29 of these Terms applies to copyright matters. If you believe content on the Services infringes a trademark, right of publicity, right of privacy, trade dress, moral right, or other non-copyright intellectual-property right, or violates the FTC Endorsement Guides or applicable advertising laws, please send a notice to legal@trydermasync.com or the address in Section 29 of these Terms containing: (a) identification of the right you claim has been infringed or violated, including registration numbers where applicable; (b) identification of the allegedly infringing content and its location within the Services; (c) your name, mailing address, telephone number, and email address; (d) a statement, made under penalty of perjury, that the information in the notice is accurate and that you have a good-faith belief that the use of the content is unauthorized by the rights holder, the rights holder's agent, or the law; and (e) your physical or electronic signature.

Dermasync may, in its reasonable discretion, remove, disable, or restrict access to content in response to a notice delivered to Dermasync, and may notify the affected Member or individual. Dermasync may also require additional information or documentation before acting. Nothing in this Section 29A of these Terms limits any of the other Terms or Dermasync's other rights under these Terms or applicable law.

30. Assignment, Export, Force Majeure, Severability, Survival, and Entire Agreement

No Unauthorized Assignment. You may not assign or transfer these Terms without Dermasync’s prior written consent. Dermasync may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or operation of law.

Force Majeure. Dermasync is not liable for delay, interruption, degradation, suspension, failure, or inability to perform caused by events beyond its reasonable control, including natural disasters, public health emergencies, war, terrorism, civil unrest, labor disputes, government action, regulatory changes, internet or telecommunications failures, cloud-service outages, cyberattacks, Platform Store outages (including Apple App Store and Google Play outages), Platform Store policy changes, AI-provider downtime, software defects, or third-party integration or connectivity failures, interruptions, or delays.

Severability and Entire Agreement. If any of these Terms is invalid or unenforceable, such term is modified or severed to the minimum extent necessary, and the remaining provisions remain in effect. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, the Cookie Policy, and any additional terms incorporated by reference, constitute the entire agreement between you and Dermasync regarding the Services, subject to Section 1 of these Terms (with respect to any separate written agreement signed by Dermasync) and Section 15C of these Terms (with respect to open-source licenses).

No Waiver; Interpretation. Dermasync’s failure to enforce any provision of these Terms is not a waiver of its right to do so at any other time in its discretion, without notice unless otherwise provided by these Terms. Section headings are for convenience only and do not affect interpretation. The words “including” and “includes” mean “including without limitation.” Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Dermasync.

30A. Export and Economic Sanctions Compliance. The software, technology, and technical data that support the Services may be subject to U.S. export-control and economic-sanctions laws, including the Export Administration Regulations and sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You represent that you are not located in a country or region subject to a U.S. government embargo or comprehensive sanctions and are not listed on any U.S. government list of prohibited or restricted parties. You agree not to access, use, export, re-export, transfer, or make available the Services or related technical data in violation of applicable export-control, sanctions, or trade-compliance laws.

30B. Survival. Any provision of these Terms that by its nature should survive suspension, expiration, cancellation, account deletion, or termination survives, including provisions relating to intellectual property, ownership, licenses, Member Social Content, Feedback, privacy-related acknowledgments, medical and health data and information (including menstrual cycle-tracking data and information), AI disclaimers, product and ingredient disclaimers, no guarantee of results, assumption of risk, limitation of liability, indemnification, dispute resolution, arbitration, class-action waiver, governing law, payment obligations, export compliance, and accrued rights or remedies.

31. Changes to These Terms

Dermasync may amend, modify, revise, change, remove, or update these Terms, in whole or in part, from time to time. We will provide notice of any amendment, modification, revision, change, removal, or update of these Terms to the extent and as required by law, through means or methods selected by Dermasync at Dermasync’s discretion, including by in-app notice, email, or posting on Dermasync’s website. Amended, modified, revised, changed, or updated Terms will be effective on the date stated. Your continued use of the Services after the effective date of any amendment, modification, revision, change, removal, or update of these Terms constitutes your acceptance and consent to such amended, modified, revised, changed, or updated Terms, except where additional or explicit consent is required by law. Material changes will not apply retroactively to any dispute arising before the effective date of the amended, modified, revised, changed, or updated Terms.

32. Contact Us

Questions, complaints, notices, arbitration opt-out notices, legal notices, and other communications or notices may be sent to:

Dermasync, Inc. 453 S. Spring Street, Suite 1212, Los Angeles, California 90013

Email: customercare@trydermasync.com

Legal notices/arbitration opt-out notices may be sent to legal@trydermasync.com or Dermasync, Inc., Legal Dept., 453 S. Spring Street, Suite 1212, Los Angeles, California 90013.

You can export, update, or delete your data; manage your marketing, communications, and research preferences; and manage your Connected Services settings in your Profile, which you can access by tapping the gear icon at the top right of the home screen of your Dermasync account on the Dermasync mobile application.

Cookie preferences for the websites owned by Dermasync can be managed on our websites, as described in our Cookie Policy. For general inquiries other than privacy-related inquiries, contact customercare@trydermasync.com. Privacy inquiries or requests can be sent to privacy@trydermasync.com.

California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.