Terms & Condition

Effective Date: [2025-01-16]

Welcome to SkinMama (“App”). These Terms and Conditions (“Terms,” “Agreement,” or “Terms of Service”) constitute a legally binding agreement made between you (“User,” “you,” or “your”) and SkinMama (“Company,” “we,” “us,” or “our”) concerning your access to and use of the SkinMama mobile application and/or related services (collectively, the “Services”).

Please read these Terms carefully before using our Services. By accessing or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all these Terms, then you are expressly prohibited from using the Services.

1. Acceptance of Terms

1.1. Binding Agreement

By creating an account, downloading our App, or accessing and using our Services, you signify that you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2. Eligibility

You must be at least the age of majority in your jurisdiction to use our Services. By using the Services, you represent that you are legally permitted to enter into a binding contract and that you meet all eligibility requirements.

2. Modifications to These Terms

2.1. Updates

We reserve the right, in our sole discretion, to change or modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms with an updated “Revised” date, and/or by directly notifying you (e.g., via email or in-App notification).

2.2. Acceptance of Updated Terms

Your continued use of our Services after such updates become effective will constitute your acceptance of the revised Terms. If you do not agree with any modification, you must stop using the Services.

3. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which provides information on how we collect, use, and share your personal information. By using the Services, you acknowledge that you have read our Privacy Policy and understand how we process your data.

• Privacy Policy URL: https://docs.google.com/document/d/1eXgFd5FgDyd1S0Qc3ti1k2T6xCjZOr2XIWmZ1Bz7h-o/edit?tab=t.0

• If you have questions regarding data practices, please contact us at neurawell.ai@gmail.com.

4. Use of the Services

4.1. Account Creation

To access certain features, you may be required to create an account. You agree to:

• Provide true, accurate, current, and complete information about yourself;

• Maintain and promptly update your account information to keep it true, accurate, current, and complete;

• Safeguard your login credentials and restrict access to your account.

4.2. Prohibited Activities

You agree not to:

• Use the Services for any illegal or unauthorized purpose;

• Engage in any activity that interferes with or disrupts the Services;

• Circumvent, disable, or otherwise interfere with security-related features;

• Access or attempt to access the accounts, systems, or networks of others without authorization;

• Upload or transmit any form of malicious code or unlawful content.

4.3. Right to Monitor and Remove

We reserve the right, but not the obligation, to monitor the Services and remove or disable any content or accounts that violate these Terms, or that we believe may create liability for us, or are otherwise objectionable.

5. Intellectual Property Rights

5.1. Ownership

Unless otherwise stated, the Services, including all content, features, functionality, and intellectual property rights therein (e.g., text, graphics, logos, images, software), are owned or licensed by SkinMama and are protected by intellectual property laws.

5.2. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App and Services for your personal, non-commercial use.

5.3. User-Generated Content

Certain features may allow you to submit, upload, or transmit content (such as photos of your skin). You retain any ownership rights you have in such content. However, by submitting any User-Generated Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, display, reproduce, and distribute the content as necessary to operate and provide the Services (e.g., performing skin analysis). Please see our Privacy Policy for more details on how we handle photos and facial data.

6. Skincare Recommendations and Medical Disclaimer

6.1. Informational Purposes Only

Our Services provide skincare recommendations and insights based on general information and user-provided data. These recommendations are not intended to diagnose, treat, cure, or prevent any disease and do not replace professional medical advice.

6.2. No Doctor-Patient Relationship

No doctor-patient relationship is established by using the Services. Always seek the advice of a qualified healthcare provider regarding any medical conditions or concerns before making changes to your skincare regimen.

7. Face Data and Photo Processing

7.1. User Consent

Our App may request access to your camera or photo library to analyze your skin. Each time a photo is needed, you must provide explicit consent. If you do not grant permission, we will not collect or analyze your facial data.

7.2. External Analysis

We may send your photos to a third-party AI service solely for the purpose of performing skin analysis. We understand from their published commitments that they do not train on or retain your data beyond the analysis. See our Privacy Policy for more details.

7.3. Data Retention

We store your facial photos only as long as you have an active account. You may request deletion of your account or any photos at any time, and we will promptly remove them from our systems.

8. Payment and Purchases (If Applicable)

8.1. In-App Purchases

We may offer optional paid features or subscription plans. All fees are described in the App at the time of purchase. Payments are processed through third-party payment providers. By making any purchase, you agree to the pricing, payment, and billing policies posted in the App.

8.2. Refunds

Unless otherwise stated, all purchases are final and non-refundable. If you have billing questions, please contact us at neurawell.ai@gmail.com.

9. Termination

9.1. Termination by You

You may terminate your account at any time by following the instructions in the App or by contacting us. Upon termination, you lose the right to access or use the Services.

9.2. Termination by Us

We may suspend or terminate your access to all or part of the Services if we believe you have violated these Terms, create liability for us, or we are legally required to do so. We will make reasonable efforts to notify you of such termination or suspension.

9.3. Effects of Termination

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Any provisions of these Terms which by their nature should survive termination shall survive (e.g., disclaimers, limitation of liability, etc.).

10. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

2. SKINMAMA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKINMAMA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SKINMAMA FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless SkinMama, its subsidiaries, affiliates, and their respective officers, directors, agents, partners, and employees, from and against any losses, claims, liabilities, damages, judgments, awards, penalties, or expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use or misuse of the Services;

• Your violation of these Terms;

• Your violation of any rights of another person or entity; or

• Your violation of any applicable laws, rules, or regulations.

13. Third-Party Links and Services

Our Services may include links to third-party websites or resources. We do not endorse and are not responsible for the availability, accuracy, or content of such external sites or services. You assume all risk arising from your use of any third-party websites or resources.

14. Dispute Resolution

14.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to conflict of law principles.

14.2. Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered by Nepal Council of Arbitration (NEPCA)

 in accordance with its rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.3. Class Action Waiver

You agree to resolve disputes with us on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action.

15. International Users

Our servers are hosted with Supabase in Singapore, and we process and store data in Singapore (and possibly in other countries, as explained in our Privacy Policy). If you access our Services from outside of Singapore, you agree to comply with any local rules regarding online conduct and acceptable content in your jurisdiction.

16. Severability and Waiver

16.1. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

16.2. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement and understanding between you and SkinMama regarding your use of the Services. They supersede any prior agreements, communications, or proposals, whether oral or written.

18. Contact Us

If you have questions or concerns about these Terms, or wish to report a violation, please contact us at:

• Email: neurawell.ai@gmail.com

We will make our best effort to respond to your inquiry promptly and address your concerns in accordance with applicable laws.

By using the SkinMama App or Services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.