1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between Elovar Technology Ltd (“Company,” “we,” “us,” or “our”) and you (“User” or “you”). By accessing, installing, downloading, or using the SkinSense Diary mobile application (the “App”), you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications.
If you do not agree to these Terms, you may not use the App. Your continued use of the App following any changes to these Terms constitutes acceptance of such changes. We reserve the right to refuse service to anyone who does not comply with these Terms.
2. Description of Service
SkinSense Diary is an iOS application designed to help users maintain a personalized digital diary of their skincare routines, reactions, and products. The App provides the following features and services:
- 2.1 Skincare Logging: Users can log and track skincare routines, products used, application times, and frequency.
- 2.2 Reaction Tracking: Users can document and monitor skin reactions, symptoms, and conditions.
- 2.3 AI-Powered Skin Analysis: The App utilises artificial intelligence (powered by third-party LLM services, including but not limited to OpenRouter, OpenAI, Anthropic, and Google) to provide personalised insights and analysis based on user-submitted data.
- 2.4 Product Inventory Management: Users can maintain an inventory of skincare products, including ingredients, expiration dates, and usage notes.
- 2.5 Ingredient Safety Features: The App provides information on ingredient safety, allergen warnings, and blacklist notifications.
- 2.6 Price Monitoring: Users can track prices of skincare products across platforms.
- 2.7 Family Sub-Accounts: Account holders can create sub-accounts for family members under the primary account.
- 2.8 Data Export and Account Deletion: Users have the ability to export their data or request complete account deletion.
All services are provided on an “as-is” basis. The Company reserves the right to modify, suspend, or discontinue any feature or service at any time.
3. Account Registration and Security
3.1 Account Creation
To use the App, you must create an account by providing accurate, current, and complete information. You may register using the following authentication methods: email address with password, Apple ID (Sign in with Apple), or Google Account (Sign in with Google). You are responsible for maintaining the confidentiality of your login credentials and are fully liable for all activities conducted under your account.
3.2 Account Security
You agree to: (a) maintain the security of your account by using strong, unique passwords; (b) notify the Company immediately of any unauthorized access or use of your account; (c) monitor account activity regularly; and (d) log out of your account on shared devices. The Company is not responsible for unauthorized account access resulting from your failure to secure your credentials.
3.3 SSO Authentication
If you choose to authenticate via Apple ID or Google Account, you authorize the App to access certain information associated with your SSO provider account. The handling of this information is governed by both our Privacy Policy and the terms of your SSO provider. You may disconnect SSO authentication at any time through your app settings.
4. User Eligibility and Compliance
4.1 Age Requirement
You must be at least 13 years of age to use the App. If you are under 18, you may only use the App with the consent and supervision of a parent or guardian who agrees to be bound by these Terms. Individuals under the age of 13 are not permitted to use the App under any circumstances.
4.2 GDPR and Data Protection Compliance
The Company complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). As a UK-based company, we are registered with the Information Commissioner’s Office (ICO). All users have the right to access, correct, delete, and port their personal data as outlined in our Privacy Policy. For users subject to GDPR or UK GDPR, additional data protection rights apply and will be honoured upon request.
4.3 Jurisdiction and Legal Compliance
You agree to comply with all applicable laws, regulations, and ordinances in your jurisdiction. The App is intended for personal, non-commercial use in jurisdictions where it is legally available. You are responsible for determining whether use of the App is legal in your jurisdiction.
5. Subscription Tiers and Payment Terms
5.1 Subscription Tiers
The App offers the following subscription tiers, each with different features and AI analysis quotas:
- Free Tier: Basic features including logging, tracking, and inventory management with limited AI analysis (e.g., 1 analysis per month)
- Paid Tier: Full feature access with increased AI analysis quotas (e.g., 10 analyses per month) at a monthly subscription fee
- VIP Tier: Premium features, priority support, and unlimited or significantly increased AI analysis quotas
- Family Plan: Allows the primary account holder to create and manage family sub-accounts
5.2 Payment Processing
Paid subscriptions are processed through Apple’s App Store or Apple In-App Purchase system. All payment information is handled securely by Apple. The Company does not directly collect, store, or process payment card information.
Subscription prices are displayed before purchase and may vary by region and currency. Applicable taxes will be calculated and charged according to your location.
5.3 Billing and Renewal
Subscriptions automatically renew on a monthly basis unless you cancel. You will be charged the renewal fee within 24 hours before your subscription end date. Billing occurs through your Apple ID account. You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of your current billing period, and no refunds are provided for unused portions of the subscription period.
5.4 Promo Codes
The Company may offer promotional codes (“Promo Codes”) for free trials, discounted subscriptions, or other benefits. Promo Codes are subject to specific terms, conditions, and expiration dates as determined by the Company. Promo Codes are non-transferable, non-refundable, and may not be combined with other offers.
6. User Content and Data Ownership
6.1 Ownership of User Data
All content you create, upload, or submit to the App, including but not limited to diary entries, photographs, product lists, reactions, notes, and health-related information (“User Content”), remains your sole and exclusive property. You retain all rights to your User Content. The Company does not claim ownership of any User Content.
6.2 License to the Company
By submitting User Content to the App, you grant the Company a worldwide, non-exclusive, royalty-free, license to use, reproduce, modify, display, and distribute your User Content solely for the purposes of: (a) providing and improving the App’s services; (b) conducting AI analysis and machine learning to enhance features; (c) generating anonymized, aggregated insights; and (d) technical operations. This license is limited to the App’s operation and does not grant the Company rights to commercialize or sell your User Content. For the avoidance of doubt, fully anonymised and aggregated data that can no longer identify any individual is not considered User Content; the Company’s use of such data (including for commercial purposes) is governed by the Privacy Policy and your consent settings within the App.
6.3 Family Sub-Accounts
If you create family sub-accounts, you are responsible for the content and activity associated with those accounts. Sub-account users must be family members and must comply with these Terms. You may monitor, manage, and remove sub-account access at any time. The Company is not responsible for disputes between primary account holders and sub-account users.
6.4 Data Export and Deletion
You may request to export your User Content in a standard, portable format at any time. Additionally, you may request complete deletion of your account and associated User Content. Upon account deletion, all your User Content will be permanently removed from the Company’s servers, except where required by law. Data deletion requests may take up to 30 days to complete.
7. AI-Powered Analysis Disclaimer
7.1 Not Medical Advice
The AI-powered analysis features provided by SkinSense Diary are designed for informational and educational purposes only. The App is a wellness and skincare tracking tool and is not a medical device within the meaning of the Medical Devices Regulations 2002 (UK MDR 2002) or EU MDR 2017/745. AI analysis does NOT constitute medical advice, diagnosis, treatment, or professional dermatological consultation. The insights and recommendations generated by the App are not a substitute for professional medical advice from a licensed dermatologist or healthcare provider. The App does not recommend or endorse any specific skincare product, ingredient, or brand.
7.2 Accuracy Disclaimer
The Company makes no guarantee regarding the accuracy, completeness, or reliability of AI analysis. While we strive to provide helpful insights based on the data you provide, AI systems may produce inaccurate, misleading, or inappropriate results. Users should exercise critical judgment and not rely solely on AI analysis for skincare decisions.
7.3 Consult Healthcare Professionals
If you have skin concerns, allergic reactions, or any health-related questions, you should consult a qualified dermatologist or healthcare professional. Do not use AI analysis as a substitute for professional medical consultation. Skin conditions may require professional diagnosis and treatment that only a licensed practitioner can provide.
7.4 User Responsibility
You acknowledge that you use the AI analysis features at your own risk. You assume full responsibility for any decisions made based on App insights. The Company shall not be liable for any adverse reactions, skin damage, injury, or harm resulting from reliance on AI analysis or App-suggested recommendations.
8. Intellectual Property Rights
8.1 Company IP
All intellectual property rights in and to the App, including but not limited to software code, design, graphics, logos, trademarks, copyrights, features, functionality, and documentation (“Company IP”), are owned exclusively by Elovar Technology Ltd or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal, non-commercial purposes.
8.2 Restrictions on Use
You may not: (a) reverse engineer, decompile, or disassemble the App; (b) modify, adapt, or create derivative works from the App; (c) copy, reproduce, or distribute the App or any portion thereof; (d) remove, obscure, or alter any proprietary notices or labels; (e) use the App for commercial purposes; or (f) attempt to gain unauthorized access to the App or its systems.
8.3 Trademarks
The names, logos, and other marks associated with SkinSense Diary are registered or unregistered trademarks of Elovar Technology Ltd. You may not use these trademarks without prior written permission from the Company.
9. Acceptable Use Policy
9.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- 9.1.1 Illegal Activity: Using the App for illegal purposes or in violation of any local, state, national, or international law.
- 9.1.2 Harassment and Abuse: Engaging in harassment, bullying, threats, or abusive behavior toward other users or Company staff.
- 9.1.3 Spam and Commercial Solicitation: Posting spam, advertisements, promotional content, or unsolicited commercial messages.
- 9.1.4 Fraud and Misrepresentation: Providing false, misleading, or deceptive information; impersonating others; or engaging in fraudulent activities.
- 9.1.5 Malware and Security Threats: Uploading, transmitting, or distributing viruses, malware, or any code intended to damage or compromise the App or users’ devices.
- 9.1.6 Unauthorized Access: Attempting to access, disrupt, or interfere with the App’s infrastructure, servers, or other users’ accounts.
- 9.1.7 Intellectual Property Violations: Uploading, sharing, or distributing content that infringes on the intellectual property rights of others.
- 9.1.8 Privacy Violations: Sharing other users’ personal information without consent or attempting to collect personal data improperly.
- 9.1.9 Health Misinformation: Providing medical advice, diagnostic claims, or false health information within the App.
9.2 Enforcement
The Company reserves the right to monitor user activity and take appropriate action, including account suspension or termination, for violations of this Acceptable Use Policy. The Company may cooperate with law enforcement and disclose user information when required by law or to protect the safety of users and the integrity of the App.
10. Privacy and Data Protection
10.1 Privacy Policy
Your use of the App is also governed by the SkinSense Diary Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and protect your personal information and User Content.
10.2 Data Collection and Use
The Company collects and processes personal data in accordance with the UK GDPR, the Data Protection Act 2018, and other applicable privacy laws. Data collected includes account information, User Content, device information, and App usage data collected directly by the Company. This data is used to provide, improve, and personalise the App’s services. Users may exercise their data rights as set out in our Privacy Policy.
10.3 Third-Party Services
The App utilises third-party services, including AI providers (such as OpenRouter, OpenAI, Anthropic, and Google) for AI analysis and Apple for payment processing. These services have their own privacy policies and terms of service. The Company is not responsible for the privacy practices of third-party service providers. The Company reserves the right to change AI service providers at any time without prior notice, provided that the same or equivalent data protection standards are maintained.
10.4 Data Security
The Company employs industry-standard security measures to protect your personal data and User Content. However, no system is completely secure. While we strive to protect your information, the Company cannot guarantee absolute security against all potential threats, breaches, or unauthorised access.
10.5 Anonymised Data and AI Training
The Company may use anonymised and aggregated user data for machine learning model training, algorithm improvement, and product development. Where you have provided “Commercial” consent via the App’s Consent Manager, the Company may create and licence fully de-identified, anonymised datasets for research, analytics, or commercial purposes. Such datasets cannot reasonably be used to re-identify any individual. You may withdraw your Commercial consent at any time via the App settings.
11. Disclaimers and Limitations of Liability
11.1 “AS-IS” Service Disclaimer
The App is provided on an “as-is” and “as-available” basis. The Company disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy. The Company does not warrant that the App will be uninterrupted, error-free, or free from defects.
11.2 Medical Disclaimer
IMPORTANT: SkinSense Diary is a wellness tracking tool and is NOT a medical device. The App does NOT provide medical diagnosis, treatment, or professional dermatological care. The App is not intended to replace professional medical consultation. Users should not rely on the App to diagnose skin conditions or make medical decisions without consulting a licensed dermatologist or healthcare provider. Skin conditions may be serious and require professional evaluation. The App does not recommend or endorse any specific skincare product, ingredient, or brand. The Company accepts no liability for any adverse reactions, health outcomes, or product choices made in reliance on the App’s features or analysis.
11.3 Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of data, revenue, profits, or business interruption, arising out of or in connection with your use of the App, even if advised of the possibility of such damages.
11.4 Cap on Liability
To the maximum extent permitted by applicable law, the total aggregate liability of the Company for any and all claims arising out of or relating to these Terms or your use of the App shall not exceed the greater of: (a) the total amount of subscription fees actually paid by you to the Company in the 12 months immediately preceding the event giving rise to the claim; or (b) GBP £100. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
11.5 No Liability for Third-Party Content
The Company is not responsible for any third-party content, services, or links accessed through the App. Users access third-party services at their own risk. The Company does not endorse, warrant, or assume liability for any third-party content or services.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your violation of these Terms; (b) your use of the App in violation of applicable law; (c) your User Content; (d) your infringement of any third-party intellectual property rights; or (e) any harm caused by your actions or negligence. This indemnification obligation shall survive the termination of your account.
13. Termination
13.1 Account Termination by User
You may terminate your account at any time by accessing your account settings and selecting the account deletion option. Upon termination, your account will be deactivated, and your User Content may be deleted within 30 days, subject to any legal retention requirements.
13.2 Account Termination by Company
The Company may suspend or terminate your account immediately, without notice or liability, for: (a) violation of these Terms; (b) engagement in illegal or harmful activities; (c) unauthorized use of the App; (d) harassment or abuse toward users or staff; or (e) repeated violations of the Acceptable Use Policy. The Company may also terminate accounts that remain inactive for 12 months.
13.3 Effect of Termination
Upon termination, your right to use the App immediately ceases. Termination does not relieve you of any obligations incurred prior to termination. The Company is not liable to you or any third party for the termination of your account or the deletion of your User Content.
14. Governing Law and Jurisdiction
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. English law shall apply regardless of your location, place of residence, or where the App is accessed. Nothing in these Terms shall affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable UK consumer protection legislation.
14.2 Exclusive Jurisdiction
Both you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of England and Wales. You consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your country of residence.
14.3 Dispute Resolution
Before initiating legal proceedings, you agree to make a good-faith attempt to resolve disputes by contacting the Company at [email protected]. If informal resolution fails, the dispute shall be resolved through litigation in the courts of England and Wales (or the courts of your country of residence within the UK if you are a consumer).
14.4 Arbitration (International Users)
For users located outside the United Kingdom, any dispute that cannot be resolved informally shall, at the Company’s election, be resolved by binding arbitration administered under the rules of the London Court of International Arbitration (LCIA). The arbitration shall be conducted in English and held in London, United Kingdom. The arbitrator’s decision shall be final and binding. To the maximum extent permitted by applicable law, you agree to waive any right to participate in a class action, collective action, or representative proceeding against the Company. This arbitration clause does not apply to UK consumers, who retain their statutory rights to bring claims in local courts.
15. Service Availability and Beta Features
15.1 Service Availability
The Company does not guarantee uninterrupted, continuous, or error-free access to the App. The App may be temporarily unavailable due to scheduled maintenance, updates, server issues, or other technical reasons. The Company shall not be liable for any loss or inconvenience arising from service interruptions or downtime.
15.2 Beta Features
From time to time, the Company may offer beta or experimental features (“Beta Features”). Beta Features are provided “as-is” and may contain bugs, errors, or inaccuracies. Beta Features may be modified, suspended, or discontinued at any time without notice. The Company makes no warranties regarding Beta Features and shall not be liable for any damages arising from their use. By using Beta Features, you acknowledge and accept these additional risks.
16. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the Company’s reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, war, terrorism, civil unrest, labour disputes, power failures, internet or telecommunications failures, cyber attacks, distributed denial-of-service (DDoS) attacks, cloud infrastructure failures, third-party service provider outages, or any other event that could not have been reasonably foreseen or prevented. During such events, the Company’s obligations shall be suspended for the duration of the force majeure event.
17. Changes to These Terms
The Company reserves the right to modify these Terms at any time. Substantial changes will be communicated to users via email or through a prominent notice in the App. Your continued use of the App following notification of changes constitutes acceptance of the new Terms. If you do not agree with the modified Terms, you should terminate your account. The date of the latest update will be reflected in the “Last Updated” section at the top of these Terms.
18. Contact Information
If you have questions about these Terms of Service, or if you wish to exercise your data rights or request account deletion, please contact us at:
Company: Elovar Technology Ltd (registered in England and Wales)
Email: [email protected]
Website: skinsensediary.com
We will respond to your inquiries within 30 days of receipt.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The Company and you agree to replace the invalid provision with a valid provision that achieves the original economic and legal intent.
20. Entire Agreement
These Terms of Service, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous agreements, representations, and understandings. If there is any conflict between these Terms and any other agreement, these Terms shall prevail. The failure of the Company to enforce any right or provision does not constitute a waiver of that right or provision.