Skinary App, Inc. Terms of Use

Last Updated March 1, 2021

Skinary App, Inc. (“Skinary”) is a digital health company that operates a health tracking mobile application that helps users track skin texture, breakouts and flare-ups with a skin diary (the “App”). This is an agreement (“Agreement”) between Skinary, and any person or entity (“you”, “your”, or “User”) who downloads, accesses, registers an account for, views, or otherwise uses Skinary’s mobile application and related content, software and/or services (the “App”). Skinary and User are collectively referred to as the “parties.” The disclaimers, terms and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Skinary or its partners or affiliates, including through additional processes or other means, and shall be incorporated by reference. 

BY CLICKING THE ACCEPTANCE BUTTON OR BY REGISTERING AN ACCOUNT, LOGGING INTO AN ACCOUNT, DOWNLOADING, USING, OR OTHERWISE ACCESSING ANY PART OF THE APP, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, USER MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE. IN SUCH EVENT, SKINARY WILL PROMPTLY CANCEL THIS TRANSACTION AND USER SHALL NOT REGISTER AN ACCOUNT, LOG INTO AN ACCOUNT, USE, OR OTHERWISE ACCESS ANY PART OF THE APP AT ANY TIME. 

THE SERVICE, APP AND CONTENT ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER APPROPRIATELY QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE SERVICE, APP AND CONTENT PROVIDED BY SKINARY ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SERVICE, APP AND CONTENT ARE NOT INTENDED TO BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. IF YOU BELIEVE THAT THE ILLNESS OR INJURY MAY BE AN EMERGENCY, PLEASE CALL 911 (WHERE 911 SERVICE IS AVAILABLE) OR GO DIRECTLY TO A HOSPITAL EMERGENCY ROOM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING CONTAINED AT THE APP. 

You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate. None of the information on this App should be understood as a representation or warranty that any particular drug or treatment is safe, appropriate or effective. 

  1. Applicability. By accessing and using the App, you agree to be bound by each of these Terms of Use, which are a contract between you ("you") and Skinary. You agree to comply with all applicable laws and regulations governing the App. If you do not agree with any of the Terms of Use, you are not authorized to access or use the App for any purpose. 

  1. Use of the App. Skinary grants you permission to use the App for your personal, non-commercial purposes. Your use of the App is further limited as follows: 

    • You agree not to use the App for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the App. 

    • You agree not to use the App for any commercial purposes, including any advertisement, commercial solicitation or promotion of any specific goods or services. 

    • You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the App, service or the content, except as specifically authorized in the Terms of Use, without Skinary's written permission. 

    • You agree not to incorporate any code into the code of the App or to use the App to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use or operation of the App or any user of the App. 

  1. Your Information. Our Privacy Policy describes how we handle the information you provide to us when You use the App. You understand that through your use of the App you consent to the collection and use (as set forth in the Privacy Policy) of this information.

  1. Changes in Terms of Use. Skinary reserves the right to modify these Terms of Use at any time. Skinary will notify you of any change to these Terms of Use. Your use of the App following any such notice constitutes your agreement to follow and be bound by the Terms of Use as modified. We may add to, update, delete from or modify our App at any time in our sole discretion. 

  1. Registered Users. If you meet the eligibility requirements as established by Skinary, you may sign up to become a registered user through the App. Both a user name and a password are necessary to access the App. The password provides vital security in preventing unauthorized access to your user data, confidential information and account. The App requires you to choose a password with certain characteristics designed to increase the password's security. You are responsible for selecting a secure password. You should never allow anyone to access your account on your behalf or give anyone your password. Skinary will have no responsibility for unauthorized access to your account or the information in that account that results from your failure to select and keep secure your password. 

  1. Medical Advice. The App cannot and are not intended to replace the relationship that you have with your healthcare professionals. THE APP AND ITS CONTENT ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. Nothing contained in these services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Skinary. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately. 

  1. Intellectual Property. Subject to the limited license granted herein, Skinary reserves all right, title and interest in all Content. If you violate any portion of the Terms of Use, any licenses granted under these Terms of Use is revoked, and all Content in your possession must be deleted or destroyed. With the exception of the personal use described above, no Content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photo reproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by Skinary. You grant to Skinary an irrevocable, nonexclusive, royalty-free, perpetual license to use, reproduce, display, modify, distribute, and transmit any de-identified images, video, descriptions, and answers you provide to us (including answers to any questions and photos/videos of symptoms) in connection with using the App, subject to applicable law. 

  1. Disclaimer of Warranties. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP, THE SERVICE AND THE CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND THE CONSEQUENCES ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER NAME AND PASSWORD. SKINARY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE APP, THE SERVICE OR THE CONTENT. SKINARY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE APP, THE SERVICE AND THE CONTENT. SKINARY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE APP OR THE SERVICE WILL BE CORRECTED. SKINARY DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE APP, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 

  1. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SKINARY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, THE SERVICE, OR THE CONTENT, EVEN IF SKINARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE APP, THE SERVICE, THE CONTENT OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. SKINARY IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS APP. SKINARY IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY HARM CAUSED BY THE USE OF THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SKINARY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. ANY CLAIM ARISING FROM THE USAGE OF THIS APP OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE. 

  1. Indemnification. You understand and agree that you are personally responsible for what information you input on the App and how you use the App. You agree to indemnify, defend and hold harmless Skinary, its subsidiaries, affiliated companies, joint ventures, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of or inability to use the App, any violation by you of these Terms of Use, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the App through your user account. 

  1. Errors and Inaccuracies. The content and any other information in the App, may contain typographical errors or other errors or inaccuracies and may not be complete or current. Skinary reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Skinary does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Skinary reserves the right to refuse to fill any orders or provide services that are based on inaccurate or erroneous information on the App, including, without limitation, incorrect or out-of-date information regarding pricing, shipping, payment terms, or return policies, or for any other lawful reason. 

  1. Links to Third Party Apps. As a convenience to App users, Skinary may provide hypertext links to third-party website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Skinary of the third party, the third-party website, or the information contained therein. You acknowledge and agree that Skinary is not responsible for the availability of any such website, and that Skinary does not endorse or warrant, and is not responsible or liable for, any such website, its content, its privacy policy or practices, or the acts or omissions of its operators. Your use of the third-party web App may be subject to different terms and conditions. 

  1. Advertisements. Skinary may display advertisements from third parties on the App. Such advertisements do not constitute or imply an endorsement, sponsorship or recommendation by Skinary of the third party, the third-party advertisement or the information contained therein. You acknowledge and agree that Skinary is not responsible for the availability of any product, service, third party app or anything displayed in the advertisement, and that Skinary does not endorse or warrant, and is not responsible or liable for, any such advertisement, its content, or the privacy policy, practices or acts or omissions of the third party associated with the advertisement. 

  1. Termination. You or we may suspend or terminate your account or your use of the App at any time, for any reason or for no reason. We may also block you access to the App in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or Skinary. After such termination, Skinary will have no further obligation to provide You any services, except to the extent we are obligated to provide you access to your personal information.

  1. Entire Agreement. Together with the additional terms and conditions applicable to specific areas of the App or to particular transactions, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Skinary of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

  1. Choice of Law. This Agreement is made and delivered in, and shall be construed in accordance with the substantive laws of the State of New York without regard to conflict of law principles, convenes. 

If you have any questions about these Terms of Use, the App, or its content, you may contact us by sending an email to: support@skinary.app

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Effective date: march 25, 2020