Acceptance of these Terms
These Terms of Service (“Terms”) govern your access to and use of the Undertone mobile application and related services (the “Service”). The Service is provided by UNDERTONE BEAUTY Inc. (“we”, “us”, “our”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Platform note: these Terms apply to both the iOS and Android versions of the Service. For the iOS app, Apple's platform terms and the Apple Standard Licensed Application End User License Agreement may also apply where required by Apple. For the Android app distributed through Google Play, Google Play's platform terms may also apply.
Eligibility
You must be legally able to form a binding agreement in your location. If you are under the age of majority, you may use the Service only with the consent of a parent/guardian to the extent required by applicable law.
Accounts and security
- You may need an account to access parts of the Service.
- You agree to provide accurate information and keep it updated.
- You’re responsible for all activity under your account and for keeping your credentials secure.
Subscriptions, billing, and cancellations
The Service may offer paid subscriptions (for example, “Pro”) through the app-store billing provider for your platform.
- iOS purchases. If you subscribe in the iOS app, billing is handled through Apple In-App Purchase. Auto-renewal, cancellation, and refunds are handled under Apple's rules and your Apple account settings, except where applicable law requires otherwise. The iOS app may also be subject to Apple's Standard Licensed Application End User License Agreement.
- Android purchases. If you subscribe in the Android app, billing is handled through Google Play Billing. Auto-renewal, cancellation, and refunds are handled under Google Play's rules and your Google Play subscription settings, except where applicable law requires otherwise.
- Trials & promotions. If offered, trials or introductory offers may convert to paid subscriptions unless canceled before the trial or promotional period ends.
- Changes. We may change subscription offerings, pricing, and features as permitted by law; changes typically apply at renewal unless stated otherwise.
User content (photos and uploads)
You may choose to upload content such as photos or images (“User Content”). You retain ownership of your User Content.
Consent and rights: you represent and warrant that you have the rights needed to upload your User Content and that doing so does not violate any law or third-party rights. Do not upload photos of other people unless you have their permission and a lawful basis to do so.
How we process photos: to provide the Service, we may process your uploaded photos using automated and AI-based systems operated by us and our service providers (currently OpenAI). We do not store raw image bytes on our servers, but we may store analysis outputs and a cryptographic hash of the image for scan history and usage-limit enforcement.
To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, and display your User Content only to provide, maintain, secure, and improve the Service, and to comply with law.
Acceptable use
You agree not to:
- Use the Service unlawfully, or violate any applicable rules or regulations;
- Interfere with or disrupt the Service, or attempt to access it using automated means not authorized by us;
- Reverse engineer or attempt to extract source code (except where prohibited by law);
- Upload content you don’t have rights to, or that is illegal, harmful, or violates others’ rights.
Third-party services
The Service relies on third-party providers, including:
- AI processing providers to analyze photos and generate responses (currently OpenAI);
- Apple In-App Purchase to process iOS payments;
- Google Play Billing to process Android payments;
- Subscription management providers to verify entitlements (currently RevenueCat);
- Email delivery providers to send password reset emails (when enabled; currently Resend); and
- Infrastructure providers (hosting/database) to operate the Service.
Your use of those third-party services may be subject to their terms and policies.
Intellectual property
The Service (including software, design, text, graphics, logos, and other content, excluding User Content) is owned by us or our licensors and is protected by applicable laws. You may not copy, modify, distribute, sell, lease, or create derivative works unless we allow it in writing.
If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.
Disclaimers
The Service may provide informational and cosmetic guidance. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any condition. If you have concerns about your health or skin, seek advice from a qualified professional.
AI outputs: some features use automated and AI-based systems. Results may be inaccurate, incomplete, or not suitable for your situation. You are responsible for how you use the information provided by the Service.
The Service is provided “AS IS” and “AS AVAILABLE”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses arising from your use of (or inability to use) the Service.
Where liability cannot be excluded, our total liability will be limited to the greater of: (a) amounts you paid to us for the Service in the 12 months before the claim, or (b) CAD $100.
Indemnity
You agree to defend, indemnify, and hold us harmless from claims arising out of your User Content, your misuse of the Service, or your breach of these Terms.
Termination
You may stop using the Service at any time. You may also delete your account in the app (Account → Delete account).
We may suspend or terminate access if you violate these Terms, if required by law, or to protect the Service and users. Sections that by their nature should survive will survive termination.
Governing law
These Terms are governed by the laws of Canada and the laws of the Province of British Columbia, without regard to conflict of law rules, except where consumer protection laws require otherwise.
Changes to these Terms
We may update these Terms from time to time. We will update the “Last updated” date and may provide additional notice where required. Continued use of the Service after changes means you accept the updated Terms.
Contact
Support: support@undertoneapp.io