Dermasync, Inc. Terms of Service Agreement

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

Dermasync is 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. Our services are informational and educational – and personalized to you based on the information you provide to us or authorize we receive from a third-party Connected Service, such as Apple HealthKit, or from a weather data provider such as Apple WeatherKit or Open-Meteo. These Terms explain how you may use Dermasync and what you can expect from us. These Terms are written in a conversational style, but they are a binding legal agreement.

1. About 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 the individual who creates an account or uses the Services.

By creating an account, subscribing, downloading the app, or using the Services, you agree to these Terms and acknowledge that you have reviewed our Dermasync Privacy Policy and Dermasync Consumer Health Data Privacy Policy. If you do not agree, you are not permitted or authorized to 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

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

The current Services' experience is designed for and intended for use by adults 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, and eligibility for the Services may 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 an account or use the Services. We may expand, limit, suspend, or discontinue availability in any location at any time where legally or operationally appropriate.

By creating an account with Dermasync and use of the Services:

Basic Skincare Mode and Member-Controlled Data

Menstrual cycle tracking is a standard feature of the Services in order 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 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 more basic skincare experience including general education and routines will remain available but cannot be customized to your changing skin needs tied to your cycle. Other lifestyle, skin, history and environmental factors, if entered or imported by you or with your permissions, will be incorporated into the customization features.

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 skincare type and goals, product information, skin observations, product reactions, medications, birth control, lifestyle factors (sleep, stress, diet, exercise), environmental conditions (weather, humidity, UV Index), menstrual cycle and select health information, and other information you choose to share or connect.

Dermasync may generate personalized routines, educational observations, predictive insights, product-related suggestions, menstrual cycle indicators, menstrual cycle-aware skincare personalization, citations, and supporting references. These outputs are for education and wellness support and informational only. They are not medical advice and should not be treated as a diagnosis, treatment plans, clinical recommendations, or substitute for professional medical advice by a licensed medical practitioner.

Unless Dermasync expressly launches a separately disclosed feature, Dermasync does not see or store uploaded journey photos and, therefore, cannot provide photograph analysis, facial analysis, image-based diagnosis, skin-feature assessment, or evaluation of uploaded images. These optional images are only stored on a Member's portable device.

Menstrual Cycle Tracking Feature

In order to provide cycle-based skincare insights and routine suggestions, the Services include a menstrual cycle tracking feature that allows you to log 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 uses the information you authorize to provide cycle-aware skincare personalization (insights, routine suggestions, product suggestions); cycle phase identification; period and ovulation indicators; cycle history summaries, and cycle- and skincare-related reminders. Menstrual cycle indicators and phase identifications are estimates generated from the information you provide or import. They are educational and skincare focused. They are not a contraceptive tool, fertility diagnostic, pregnancy test, or medical device, and they should not be relied upon for contraception, fertility planning, pregnancy determination, or medical decisions. Dermasync does not independently verify menstrual cycle information and does not determine reproductive-health status.

4. Medical, Wellness, and Emergency Disclaimer

Always consult a qualified healthcare professional about medical concerns, skin conditions, symptoms, medications, allergies, product safety, persistent irritation, menstrual, reproductive, hormonal, or fertility questions, or whether a product or routine is right for you.

Dermasync — including the menstrual cycle tracking feature — is 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 emergency services or seek immediate medical attention.

Non-HIPAA Status

Dermasync is not a HIPAA-covered entity, business associate, or subcontractor, and the Services are not HIPAA-regulated. Consumer Health Data, including menstrual cycle data, is protected as described in the Privacy Policy, Consumer Health Data Privacy Policy, and applicable consumer health data laws.

5. AI-Supported Features and Your Judgment

Dermasync's personalized outputs — including cycle-aware skincare suggestions and cycle indicators — are generated by a deterministic, rules-based engine that does not use artificial intelligence or machine learning and is not trained on or changed by your data. Separately, Dermasync uses artificial intelligence, in the form of a third-party large language model ("AI"), to phrase the wording of those already-determined outputs in clear, approachable language, informed by a curated library of evidence-based dermatological and cycle-science reference sources. These outputs, and their AI-assisted phrasing, are based on available information and may be inaccurate, incomplete, inconsistent, outdated, biased, misleading, or unexpected.

Dermasync's suggestion systems may perform differently for different people and populations, including with respect 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 AI-phrased wording.

You remain responsible for using independent judgment before acting on any Dermasync outputs or suggestions. You are not to rely on the Services for medical, emergency, reproductive-health, or other significant personal decisions.

No Reliance on Predictive Outputs

Predictive insights, suggestions, forecasts, correlations, cycle-aware skincare personalization, period and ovulation indicators, phase identifications, routine suggestions, product-compatibility assessments, environmental observations, and similar outputs are estimates only, are educational, and informational. They should not be relied upon as factual, guaranteed, complete, current, medically validated, or suitable for any particular purpose, including contraception, fertility planning, or pregnancy determination. You remain responsible for deciding whether any Dermasync outputs and suggestions are appropriate for you and for consulting qualified medical professionals when appropriate.

AI Service Provider Restrictions

Dermasync's core recommendation engine is a deterministic, rules-based system that does not use artificial intelligence for routine suggestions or guidance. Dermasync uses Anthropic, through Dermasync's own commercial Anthropic subscription, to provide user-friendly phrasing of already-determined suggestions from our decision tree logic. Dermasync does not share any identifiable Member information, raw cycle data, symptoms, or health conditions with this AI provider — only a routine step, a time of day, an ingredient name, one educational sentence identical for every Member who receives that suggestion, and the supporting citation.

Identifiable Personal Information, Consumer Health Data, menstrual-cycle data, or other sensitive information is never shared with any AI providers nor used for model training, retention beyond the requested feature, resale, advertising, profiling, or other unauthorized purposes, as described in the Privacy Policy.

6. Scientific Evidence and Citations

Dermasync's skincare-related educational content, recommendation frameworks, and guidance are developed using curated scientific and dermatological evidence, including peer-reviewed scientific studies, published literature, and other authoritative scientific or industry guidance. Dermasync may also use manufacturer-provided product and ingredient information and Member-provided data where relevant to applying and personalizing these frameworks. Dermasync does not independently source skincare suggestions from unrestricted external sources, including social-media platforms, online forums, or unvetted third-party content.

Scientific understanding continues to evolve, and cited research may become outdated, may be subject to differing interpretations, or may not directly support every individualized output generated through the Services. The citation of a study or other resource does not establish medical consensus or mean that any skincare routine, product, ingredient, menstrual-cycle indicator, or personalized suggestion has been clinically validated for a particular Member. Information provided through the Services is not a substitute for professional medical advice. Members should consult a qualified healthcare professional for individualized medical advice or if they have questions or concerns regarding their skin or health.

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

Dermasync may allow you to scan, manually enter, or select products from a built-in database to build your personalized "Product Shelf." This database is built and operated in-house by Dermasync, using a combination of purchased industry product and ingredient data covering approximately 180,000 products, Dermasync's own development and curation, and user-generated entries. When you scan, search, or select a product, that information is processed by Dermasync's own systems – not by any outside company.

Dermasync does not manufacture, sell, test, certify, inspect, label, warrant, or guarantee any skincare, beauty, or cosmetic product. Reference or inclusion of a product in the Services, Product Shelf, or 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. Always read product labels, ingredient lists, manufacturer warnings, and directions before use, even if you have used the product before. Safe practices with respect to the use of skincare products include:

8. No Guarantee of Results

Dermasync does not guarantee any particular skincare result, symptom change, cycle or ovulation indication accuracy, phase-identification accuracy, cycle-aware personalization accuracy, product compatibility, routine effectiveness, product availability, or satisfaction by the use of the Services. Individual results vary and depend on many factors outside Dermasync's control, including skin biology, products used, environment, lifestyle, health conditions, medications, allergies, menstrual cycle regularity, menstrual cycle information you provide or enable, and the accuracy and completeness of available information.

9. Your Account and Responsibilities

You need an individual Dermasync account to use the Services and its features, including menstrual cycle tracking, in order to obtain personalized cycle-aware skincare insights and routine suggestions. Your account and subscription are personal to you and may not be shared, sold, assigned, transferred, sublicensed, or made available to anyone else.

Because Dermasync personalizes outputs based on your profile, inputs, usage, menstrual cycle information (if provided), and connected data, shared accounts alter and eliminate accuracy and reliability. Dermasync does not authorize, permit, or support shared, family, household, group, or multi-user accounts for this reason . With respect to your Dermasync account and use of Services, you agree to do the following:

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 through the Services – and the completeness and accuracy of such information and data. You represent that you have the right to provide that information and that it is accurate to the best of your knowledge. Dermasync does not independently verify your submitted content, and your submitted content directly affects the quality, accuracy, and usefulness of Dermasync's outputs, including cycle phase indicators and cycle-aware skincare suggestions. In the current version of the Services, your photographs, if used, are stored locally on your device for your own personal reference and are not uploaded to, seen by, or analyzed by Dermasync.

Passwordless Login and Account Security

Dermasync currently uses passwordless sign-in methods, such as Sign in with Apple, Google sign-in, or one-time email codes, and does not store a Dermasync password for you. You are responsible for protecting the email account, third-party login account, device, encryption key provided to you, and authentication method you use to access Dermasync.

10. Privacy, Consumer Health Data, and Connected Services

Our Privacy Policy and Consumer Health Data Privacy Policy explain how we collect, use, disclose, retain, and protect personal information and Consumer Health Data, including menstrual cycle data. Those policies are incorporated into these Terms by reference.

You may choose to connect third-party applications, platforms, devices, or services, where available as part of our core Services offering, such as Apple HealthKit, a weather data provider (Apple WeatherKit or Open-Meteo), or other integrations ("Connected Services"). Integrations are voluntary and may be managed through your in-app privacy permissions.

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

We may use aggregated, anonymized, or de-identified information for internal analytics, product improvement, benchmarking, statistical reporting, machine-learning model evaluation, and similar internal purposes. We do not currently share, license, or sell any aggregated, anonymized, or de-identified data set to third parties, but we may choose to do so in the future — including with academic researchers, research institutions, commercial partners, or in connection with a financing, acquisition, or similar transaction — as described in Sections 11 and 21 of the Privacy Policy. Any such future data set would be built only from information collected under its own separate, affirmative Member consent obtained before collection. Where we de-identify information, we will maintain and use it in de-identified form and will not attempt to re-identify it except as permitted or required by law. We also require recipients of de-identified information to comply with applicable restrictions on re-identification where required by law.

Access, Correction, Export, and Deletion Requests

In your Member Profile, you may correct or update various classes of information you provided at onboarding; export your data; or delete your data at any time. Some information may be unavailable for export or deletion if it has been de-identified, is maintained only in aggregated form, was never stored in the cloud, or must be retained for legal, security, fraud-prevention, dispute-resolution, tax, accounting, regulatory, or enforcement purposes. Should Dermasync offer a separate, opt-in program to collect information for an aggregated, de-identified data set as described in the Privacy Policy, you may withdraw your consent to that program at any time on a going-forward basis; withdrawal will stop future collection but will not remove information already contributed in de-identified, aggregated form, consistent with Section 8 of the Consumer Health Data Privacy Policy.

Retention After Account Deletion

After an account-deletion request, Dermasync may retain certain information for legal compliance, security, fraud prevention, backup restoration, dispute resolution, regulatory compliance, enforcement of these Terms, accounting, audit, and other legitimate business purposes consistent with applicable law. We may also retain de-identified, aggregated, or anonymized information as described above.

Subscription-Based Business Model; No Data Broker Status

Dermasync is currently a subscription-based service. Our revenue primarily comes from Member subscriptions, not from selling or monetizing identifiable personal or Member Consumer Health Data, which may include reproductive health data, menstrual cycle data, or sensitive health information. Dermasync is not a data broker and does not participate in data brokerage activities. All Consumer Health Data is encrypted in transmission and rest and is not able to be read by our team. Each member holds the only copy of her decryption key on her personal device, and is asked to save this key someplace safe, in case her phone is lost, stolen, or replaced.

No Health-Data Advertising

Dermasync does not use Consumer Health Data, reproductive health data, menstrual cycle data, medication information, allergy information, symptom information, photographs, or other sensitive health information for targeted advertising, cross-context behavioral advertising, third-party marketing audiences, or marketing third-party products or services.

Privacy Policy Controls for Privacy Practices

The Privacy Policy and Consumer Health Data Privacy Policy provide the operative disclosures for how Dermasync collects, uses, discloses, retains, protects, and deletes personal information and Consumer Health Data, including menstrual cycle data. If these Terms are inconsistent with the Privacy Policy or Consumer Health Data Privacy Policy regarding privacy practices, the applicable privacy policy will control for that privacy issue.

Menstrual Cycle Data as Consumer Health Data

Menstrual cycle and reproductive information you enter or import through the Services — including period dates, menstrual cycle length, flow, ovulation indicators, basal body temperature, hormonal phase information, contraceptive information (including hormonal birth control), pregnancy status, lactation status, perimenopause/menopause status (including irregular or absent periods), and reproductive health history and cycle-related symptoms — along with the skin type, skin history, day-to-day skin status, skin reactions, and allergy or ingredient-sensitivity information you log, is Consumer Health Data and may also be sensitive personal information under applicable law. Dermasync's collection, use, disclosure, retention, deletion, and protection of such information are governed by the Privacy Policy, Consumer Health Data Privacy Policy, applicable consent flows, and applicable law. You may use the basic skincare experience without entering or importing menstrual cycle information, but skincare insights and guidance will not be customized to your cycle. You may manage consents through the available in-app permissions.

11. HealthKit and Similar Health Information Systems

If you authorize Apple HealthKit or a similar health framework, Dermasync will use imported information, including menstrual cycle information, sleep, and/or body temperature data you authorize, only as described in our Privacy Policy, Consumer Health Data Privacy Policy, and in-app permissions. The Apple HealthKit integration you authorize is inbound only. That information is stored by Dermasync only as encrypted ciphertext that Dermasync cannot read. Additionally, Dermasync does not send any personal information about you back to Apple HealthKit, including any Consumer Health Data. Dermasync is not able to read HealthKit information and will never use any identifiable Consumer Health Information for advertising, sell identifiable HealthKit information, or disclose HealthKit information to third parties except as permitted by applicable platform rules and law and as needed to provide the Services you request.

12. Subscriptions, Platform Store Billing, and Automatic Renewal

After any promotional trial of the Services (if any), access to paid features requires an active subscription with Dermasync. Subscription plans, pricing, trial terms, promotional offers, billing frequency, and renewal terms will be presented before purchase.

Dermasync subscriptions are currently purchased, charged, renewed, managed, and processed through the platform from which you downloaded the app — the Apple App Store (using your Apple Account) or, when available, Google Play (using Google Play Billing and your Google Account) (each, a \"Platform Store\" and, together, the \"Platform Stores\"). Dermasync does not collect, store, or process your payment-card number, Apple payment credentials, or Google payment credentials. Each Platform Store administers billing under its own terms, and the Platform Store used to purchase your subscription controls the billing, subscription management, cancellation, refund, receipt, payment-failure, renewal, upgrade, downgrade, and tax procedures applicable to that subscription.

Unless you cancel before the end of the then-current trial, promotional period, or paid billing period, your subscription will automatically renew through the applicable Platform Store for successive billing periods. Apple or Google, as applicable, will charge your Platform Store payment method for applicable fees and taxes, if any, at renewal.

Cancellation — Apple App Store

To cancel a subscription purchased through the Apple App Store, on an Apple device open Settings, tap your name, tap Subscriptions, select Dermasync, and follow Apple's instructions.

Cancellation — Google Play

This is only applicable when Dermasync is available on Android phones at a later date. To cancel a subscription purchased through Google Play, on an Android device open the Google Play Store app, tap your profile icon, tap Payments & subscriptions, tap Subscriptions, select Dermasync, and follow Google's instructions. You may also manage your subscription through play.google.com in a web browser signed in to the Google Account used for the purchase.

Cancellation Does Not Occur Through Dermasync

Deleting the Dermasync app, deleting your Dermasync account, contacting Dermasync Customer Care, uninstalling the app, or stopping use of the Services does not cancel a subscription purchased through a Platform Store. You must cancel through the Platform Store used to purchase the subscription.

Timing to Avoid the Next Charge

To avoid future charges relating to your Dermasync account, 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

Members can cancel their subscription at any time and still have complete access to the Services until the end of their current billing cycle. Dermasync does not offer refunds or partial month (prorated day) refunds. 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; Google administers refunds for Google Play purchases. Dermasync does not 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 has the right to suspend, limit, or restrict access to paid features of the Services until the Platform Store confirms an active subscription is in place with respect to your Dermasync account.

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. This does not limit Dermasync's rights or obligations under these Terms regarding your account, use of the Services, content, intellectual property, disclaimers, limitation of liability, arbitration, or dispute resolution.

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

Taxes

Apple and Google may each calculate, collect, and remit applicable taxes for purchases made through their respective Platform Stores where required by law. Subscription prices shown in a Platform Store may include or exclude taxes depending on your location and the Platform Store's policies. Dermasync does not control the tax calculations, tax collection, or tax remittance performed by Apple or Google for Platform Store purchases.

13. Promotional Offers and Price Changes

Promotional offers, introductory pricing, or limited-time discounts may be offered through a Platform Store and are administered under the terms disclosed at enrollment. Unless canceled through the applicable Platform Store before the promotional period ends, a promotional offer may convert to a paid subscription at the then-current price.

Dermasync may change subscription prices, plans, promotions, discounts, and included features 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 — for example, Apple's price-increase notice-and-consent flow for Apple App Store subscriptions, or Google Play's opt-in confirmation for material price increases to Google Play subscriptions. If you do not agree to a price change, cancel through the applicable Platform Store before the new price takes effect. 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 the Platform Store consistent with its policies.

14. 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 transactional or administrative communications. Electronic communications satisfy any legal requirement that communications be in writing. Electronic communications may be by push communications in app or email messages

Push communications in-app are one of the key features of how the app operates its Services. These are limited to morning and evening routine reminders.

Marketing emails will include a way to unsubscribe. Marketing SMS or text messages, if offered, will only be sent with any consent required by law and will include applicable opt-out (unsubscribe) instructions. Transactional, security, operational, or account-related messages may still be sent where permitted even if you opt out of marketing.

Notification Delivery Is Not Guaranteed

Dermasync does not guarantee delivery, timing, accuracy, or receipt of routine reminders, alerts, emails, SMS messages (if/when available), push notifications, subscription notices, security messages, or other communications. Delivery may be affected by device settings, operating-system controls, carrier restrictions, email filtering, spam blocking, app permissions, internet connectivity, third-party service providers, device or communication service provider settings, or other factors outside Dermasync's control.

15. 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 automatically terminates if you violate these Terms or if your account or access to the Services is terminated. Upon termination, you must stop using the Services and 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 rules.

16. Dermasync Intellectual Property

Dermasync and its licensors retain all right, title, and interest in and to the Services, including decision trees, software, source code, object code, AI systems, machine-learning models, algorithms, indicator engines (including menstrual cycle indicator engines, ovulation-window models, phase-identification models, and cycle-anomaly detection models), 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 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 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 deterministic decision-tree engine, algorithms, indication engines (including menstrual cycle indication engines and ovulation-window models), ingredient-compatibility tables, prompt templates and instructions used to direct Dermasync's third-party AI phrasing tool, ranking and retrieval logic, product-library data, citations library, menstrual cycle-aware routine templates, and internal analytics used to operate the Services constitute Dermasync's trade secrets and confidential information under the Defend Trade Secrets Act (18 U.S.C. §1836 et eq.), the California Uniform Trade Secrets Act, and other applicable law. You will 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.

16A. Service Outputs

Dermasync's Rights in Outputs. As between you and Dermasync, Dermasync retains all right, title, and interest in and to the Services, its deterministic decision-tree engine, the prompts and prompt-engineering used to direct Dermasync's third-party AI phrasing tool, cycle-indication engines, personalization logic, ranking systems, user interfaces, routine suggestion engine, cycle visualizations, calendars, phase charts, cycle history reports, predictive graphics, citation and insights engine, and the underlying content, data structures, and templates used to generate outputs.

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 outputs delivered to you through 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 (the \"Outputs\") — 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 Members with similar data inputs and phase indicators. You acknowledge that Dermasync may generate and deliver similar or identical outputs to other Members and third parties, and nothing in these Terms grants you any exclusive right in any Output.

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, and, to the fullest extent permitted by law, disclaims any warranty of non-infringement with respect to Outputs.

No Registration of Outputs. You will not attempt to register, and will 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 will 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 AI system, machine-learning model, dataset, skincare application, cycle-tracking application, or wellness application, whether or not competing with Dermasync; (b) create a database, corpus, or repository of Dermasync outputs; (c) provide services to third parties; or (d) publish Outputs in a manner that removes or obscures Dermasync's marks, attribution, or notices.

16B. 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®, Google Sign-In®, 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.

16C. Open-Source Software

The Services may incorporate certain open-source software components made available under their respective open-source licenses. These components 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.

17. License to Member Inputs

Ownership. You retain ownership of the information, observations, product records, routine history, reactions, preferences, goals, menstrual cycle information (including period start and end dates, cycle length, flow, ovulation indicators, hormonal phase information, symptoms, and related observations), photographs stored on your device, and other content you submit through the Services (collectively, \"Member Inputs\").

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 Dermasync's Service Providers acting on Dermasync's behalf under contractual restrictions) license to host, store, reproduce, transmit, display, and process Member Inputs, and to create modifications and derivative works of Member 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 aggregated, anonymized, or de-identified data sets to third parties, including academic researchers, research institutions, or commercial partners, in each case only as described in, and consistent with, the Privacy Policy, and only using information collected under its own separate, affirmative Member consent obtained before collection.

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 for advertising, marketing, cross-context behavioral advertising, third-party marketing audiences, sale, licensing, or model training by any third-party AI Service Provider, or for any purpose prohibited by the Privacy Policy or Consumer Health Data Privacy Policy.

Duration. The license granted in this Section 17 continues for as long as Dermasync retains the applicable Member Inputs consistent with the retention schedule in the Privacy Policy. Deletion of Member Inputs will terminate this license with respect to the deleted content, subject to backup, security, dispute-resolution, and legal-retention exceptions described in the Privacy Policy. Once information is aggregated and de-identified consistent with the Privacy Policy's de-identification standard, the resulting aggregate data set is no longer Member Inputs and is not linked to any individual Member; Dermasync's retention, use, and licensing of that aggregate data set is governed by the Privacy Policy and is not affected by the deletion of the underlying Member Inputs or a Member's account.

Your Representations. You represent and warrant that you have all rights necessary to grant the license in this Section 17 and that your Member Inputs, and Dermasync's authorized use of them, will not infringe or violate the rights of any third party or applicable law.

Feedback and Product Improvements.

If you provide comments, suggestions, ideas, evaluations, beta test input, bug reports, or other feedback about Dermasync or the Services ("Feedback"), you grant Dermasync the right to use that Feedback for any purpose without compensation, attribution, restriction, or obligation to you. Dermasync will own 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.

18. 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 needed to post it.

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, 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 18 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 (a) it reflects your honest opinions, findings, beliefs, or experience; (b) it is not fabricated, misleading, or the result of undisclosed compensation; and (c) it complies with the U.S. Federal Trade Commission Endorsement Guides (16 C.F.R. Part 255), 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 does not undertake 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 users, or protect Dermasync, its reputation, and its Services.

Failure to enforce this section in one instance does not waive Dermasync's right to enforce it in another. This section does not create a private right of action for any third party or any expectation that objectionable content will be removed immediately or at all.

19. Prohibited Uses

You may not misuse the Services or help anyone else do so, including but not limited to:

Security Testing, Benchmarking, and AI Training Restrictions

You may not probe, scan, test, benchmark, stress test, load test, penetration test, or attempt to evaluate the vulnerability, performance, architecture, security, model behavior, or internal operation of the Services without Dermasync's prior written authorization.

You may not use Dermasync outputs, suggestions, content, user interfaces, prompts, databases, product-library information, cycle-tracking outputs, Services, APIs, or related data to develop, train, fine-tune, benchmark, validate, compare, improve, or commercialize any artificial intelligence, machine-learning model, large language model, suggestion system, skincare application, menstrual cycle-tracking application, wellness application, or competing or similar technology.

20. Beta, Pilot, and Experimental Features

Dermasync may offer beta, preview, pilot, experimental, research, early-access, limited-release, or evaluation features ("Beta Features"). Beta Features may be incomplete, unstable, inaccurate, unavailable, or changed or discontinued at any time.

Beta Features are provided "as is" and "as available" for evaluation and feedback. You should not rely on Beta Features for healthcare, medical, emergency, reproductive-health, treatment, or other significant personal decisions.

Testing Different AI Models and Product Experiences

Dermasync may test, compare, modify, or deploy different AI models, personalization approaches, prompts, user interfaces, content-generation methods, product-library processes, cycle-prediction methods, dashboards, reminders, and feature experiences among different Members or groups of Members. As a result, Members may receive different features, outputs, content, suggestions, routines, or user experiences at different times.

21. 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, not Dermasync.

If Dermasync receives compensation or has a material connection relating to a product suggestion, promotion, affiliate link, sponsored placement, or advertising relationship, Dermasync will disclose that relationship where required by law. Any decision to purchase or use a product is yours.

22. Regulatory Changes and Service Changes

Laws, regulations, platform rules, and regulatory guidance relating to AI, wellness apps, consumer health data, menstrual cycle tracking, privacy, subscriptions, app stores, digital wellness, 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.

Dermasync also does not guarantee preservation, recovery, restoration, or perpetual availability of 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.

23. Assumption of Risk

Your use of the Services is voluntary and at your own discretion and risk. You acknowledge that skincare products, ingredients, routines, lifestyle changes, environmental exposures, wellness practices, menstrual cycle tracking outputs, AI outputs, and product suggestions may affect people differently and may involve known and unknown risks, including but not limited to:

Menstrual cycle tracking outputs — including cycle-aware skincare personalization (insights, routine guidance, product suggestions), period and ovulation indicators, phase identifications, and cycle history summaries— may be less accurate, incomplete, unavailable, or not useful if the menstrual cycle information you provide is inaccurate, incomplete, unavailable, delayed, outdated, or not representative of your individual circumstances (for example, in cases of irregular menstrual cycles, hormonal treatment, perimenopause, pregnancy, or postpartum). Dermasync does not verify menstrual cycle information and does not provide fertility, contraception, pregnancy, reproductive-health, hormonal-health, or medical guidance.

24. Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the Services 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, performance, and suitability.

To the fullest extent permitted by law, Dermasync and its officers, directors, employees, agents, affiliates, licensors, suppliers, partners, advertisers, data providers, and representatives will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages; loss of use; loss of profits; loss of data (including menstrual cycle logs and history); business interruption; personal injury; skincare product reactions; skincare outcomes; medical decisions; reproductive-health decisions; or damages arising from cycle indicators, product information, routine or product/active suggestions, third-party data, third-party services, subscription administration, AI outputs, or inability to use the Services.

To the fullest extent permitted by law, Dermasync's total liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amount you paid to Dermasync for the Services during the six months before the claim arose, or (b) fifty dollars (\$50.00). Some jurisdictions do not allow certain limitations, so some limitations may not apply to you. Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

25. Dispute Resolution and Binding Individual Arbitration

Please read this section carefully. It affects your legal rights. Except for disputes that may be brought in 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 account, your subscription, or your relationship with Dermasync will be resolved by final and binding individual arbitration rather than in court.

This arbitration agreement is governed by the Federal Arbitration Act. Before starting arbitration, the party asserting a dispute must send written notice describing the dispute and requested relief. The parties will try in good faith to resolve the dispute informally for at least 30 days after receipt of notice, unless applicable law requires otherwise.

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

You and Dermasync waive the right to a jury trial for disputes subject to arbitration. To the fullest extent permitted by law, disputes will 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.

If 25 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 the mass-arbitration procedures, batching procedures, bellwether proceedings, scheduling protocols, or other procedures of the applicable administrator to the extent permitted by law. This does not authorize class or representative arbitration.

You may opt out of this arbitration agreement by sending written notice to Dermasync within 30 days after you first accept these Terms or create your 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 will not affect the rest of these Terms or your access to the Services.

26. Governing Law and Venue

Except to the extent preempted by federal law or governed by the arbitration section, 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 will have exclusive jurisdiction, and you and Dermasync consent to venue and personal jurisdiction there.

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.

27. 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 misuse of the Services, violation of these Terms, violation of law, infringement or misappropriation of rights, Member Social Content, or decisions and actions taken in reliance on the Services (including any menstrual cycle tracking outputs).

28. Platform Store Terms

If you download, access, or use the Dermasync app from a Platform Store, the terms in this Section 28 applicable to that Platform Store also apply. These Terms are between you and Dermasync only, not the Platform Store.

28A. Apple App Store

If you download, access, or use the Dermasync app on an Apple-branded product or through the Apple App Store, the following terms apply. These Terms are between you and Dermasync only, not Apple. Dermasync, not Apple, is responsible for the app and its content. Your use of the app 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 app maintenance and support as described in these Terms or required by law; Apple has no obligation to provide maintenance or support.

Warranties. To the maximum extent permitted by law, Dermasync disclaims warranties for the app. If the app fails to conform to any legally required warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation. Dermasync, not Apple, 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.

Export and Sanctions Compliance. You represent that you are not located in a country subject to a U.S. government embargo or designated as a \"terrorist supporting\" country, and that you are not on any U.S. government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of this Section 28.A and may enforce it against you.

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.

28B. 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. You represent that you are not located in a country subject to a U.S. government embargo or designated as a \"terrorist supporting\" country, and that you are not on any U.S. government list of prohibited or restricted parties. You represent that you comply with all applicable export-control and sanctions laws in your use of the app.

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 28.B 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.

29. Termination and Account Deletion

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 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 app does not cancel a subscription purchased through a Platform Store. You must cancel separately through the applicable Platform Store (Apple App Store or Google Play) as described in Section 12.

Account Deletion Timing and Backups

Account deletion begins promptly upon your request, without an additional grace period. Complete removal from encrypted backups may take up to ninety (90) days or longer where required by law, security, fraud-prevention, dispute-resolution, tax, audit, backup-cycle, or technical limitations. Once deletion is completed, recovery of the deleted account and information is not possible.

30. Digital Millennium Copyright Act (DMCA) Copyright Policy

Dermasync respects intellectual property rights. In appropriate circumstances, Dermasync may terminate 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 our copyright agent:

Copyright Agent: Dermasync Copyright Agent

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

Email: dmca@trydermasync.com

Please note that knowingly misrepresenting that material is infringing may result in liability.

Repeat Infringer Policy. Consistent with 17 U.S.C. §512(i), Dermasync may reasonably implement a policy of terminating, in appropriate circumstances, the 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.

Counter-Notification. If content you posted was removed or disabled in response to a DMCA notice and you believe the removal was the result of mistake or misidentification of the material, you may submit a counter-notification to the Copyright Agent 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 will 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.

30A. Trademark, Publicity, and Other Non-Copyright IP Complaints

The DMCA notice-and-takedown procedure in Section 30 applies to copyright complaints. 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 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 such a notice, and may notify the affected Member. Dermasync may also require additional information or documentation before acting. Nothing in this Section 30A limits Dermasync's other rights under these Terms or applicable law.

31. 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 will not be 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 failures.

Severability and Entire Agreement. If any provision of these Terms is invalid or unenforceable, it will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in effect. These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, and any additional terms incorporated by reference, are the entire agreement between you and Dermasync regarding the Services.

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.

Survival. Any provision of these Terms that by its nature should survive suspension, expiration, cancellation, account deletion, or termination will survive, including provisions relating to intellectual property, ownership, licenses, Member Social Content, Feedback, privacy-related acknowledgments, medical, cycle-tracking, and 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.

32. Changes to These Terms

Dermasync may update these Terms from time to time. If we make material changes, we will provide notice as required by law or through reasonable means, such as in-app notice, email, or posting updated Terms. The updated Terms will be effective on the date stated. Your continued use of the Services after the effective date means you accept the updated Terms, except where applicable law requires additional consent.

33. Contact Us

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

Dermasync Customer Care

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

Email: customercare@trydermasync.com

Legal notices/arbitration opt-out: legal@trydermasync.com

Data export, data updates, data deletion, managing marketing and communications preferences, and managing Connected Services settings can be done in the in-app Member Profile found by pressing the gear at the top right of the home page.

Cookie preferences for the website can be managed on our website.

For something else, Members may send a general inquiry (not privacy related) to: customercare@trydermasync.com. Privacy inquiries or requests can be sent to privacy@trydermasync.com.