Terms of Service

1. Who can use Oleah

You must be at least 16 years old. If the law where you live sets a higher age for consenting to the processing of health data, you must meet that age instead.

You need one account, in your own name, used by you. Do not create an account on someone else's behalf, do not scan someone else's face, and do not enter someone else's health information.

You are responsible for what happens under your account.

2. Your licence to use the app

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Oleah app on Apple-branded devices that you own or control, and to use the Service, for your own personal and non-commercial use, in accordance with these Terms and the App Store Terms of Service.

You may not, and may not help anyone else to:

• copy, modify, translate, reverse engineer, decompile or disassemble the app, except where that restriction is prohibited by law;
• rent, lease, lend, sell, redistribute or sublicense the app;
• scrape, crawl, or bulk-extract the Service or our product and ingredient catalogue, by any means, automated or otherwise;
• use the Service to build a competing product, or to train a machine learning model;
• probe, scan, or test the security of the Service, or bypass any rate limit, paywall or access control;
• misuse the assistant, including attempting to extract system instructions, generate harmful content, or use it as a general purpose AI at our expense;
• use the Service in any way that breaks the law.

We may suspend or terminate an account that does any of this.

3. Your content, and what we may do with it

You own your content. Your photographs, your face scans, your health information, your messages and everything else you put into Oleah remains yours.

You grant us a worldwide, royalty-free, non-exclusive licence to host, store, copy, transmit, process, analyse and display that content for the sole purpose of providing the Service to you, and for as long as we hold it under the Privacy Policy.

If you send us feedback, ideas or suggestions about the Service, we may use them without owing you anything.

4. Oleah is not medical care

Read the Medical Disclaimer. It forms part of these Terms.

The essentials:

• Oleah is a general wellness and personal tracking tool. It is not a medical device, it does not diagnose, treat, cure or prevent any disease or condition, and it is not a substitute for a dermatologist, doctor, pharmacist or any other licensed professional.
• Skin scores, findings, advice, product verdicts, conflict warnings and projections are informational observations produced by software. They are frequently imprecise. They can be wrong.
• Nothing in Oleah should be used to decide whether to seek, delay, change or stop medical care, or to start or stop a medication.
• If something on your skin is changing, spreading, bleeding, painful, or simply worrying you, see a doctor. Do not wait to see what the app says tomorrow. Oleah cannot detect skin cancer and does not try to.

5. Product and ingredient information, allergens, and conflicts

Oleah holds a large catalogue of skincare products and their ingredients, assembled from public and third-party sources. The app identifies products from photographs and checks them against each other and against what you have told us.

All of this can be wrong, and you must not rely on it for safety.

Specifically:

• A product may be misidentified from a photograph. Formulations that look identical on the shelf differ between markets, sizes and reformulations.
• An ingredient list in our catalogue may be out of date, incomplete or wrong for the exact item in your hand.
• A conflict we fail to flag is not a statement that no conflict exists.
• An allergen we fail to flag is not a statement that the product is safe for you.

If you have an allergy, a sensitivity, or a medical condition, read the physical label on the physical product, every time, and follow your doctor's or pharmacist's advice over anything Oleah says. Patch test new products.

Where the app displays a product's ratings, reviews or claims, those come from third parties and are not our statements.

6. The assistant

The assistant is powered by a large language model. It produces plausible text. It does not know things the way a person does, and it will sometimes state something confidently and be wrong.

Do not treat its output as fact, as professional advice, or as a promise by us. Verify anything that matters.

7. Subscriptions and payment

Oleah offers paid subscriptions. The plan, price, billing period and any free trial are shown on the purchase screen, in your local currency, before you confirm.

• Billing is by Apple, through your App Store account. We never see or handle your card.
• Subscriptions renew automatically at the end of each period, at the then-current price, until you cancel.
• A free trial converts into a paid subscription unless you cancel at least 24 hours before the trial ends.
• Cancel at any time in your App Store subscription settings, or from your plan page in the app, which links there. Cancelling stops the next charge. Access continues to the end of the period you have already paid for.
• Refunds are issued by Apple under Apple's policies. We cannot issue an App Store refund ourselves, and we cannot reverse one.
• Price changes will be notified to you in advance, and where Apple requires it you will be asked to consent before the new price applies. If you do not agree, cancel before the change takes effect.

If you subscribe anywhere other than the App Store in future, the payment terms shown at that point will apply.

8. The Clarity Guarantee

If you use Oleah daily for 30 days and it has not shown you which of your products help or hurt your skin, tell us from the guarantee page in the app within 60 days of your purchase and we will make it right.

How it works, honestly:

1. We reply within 48 hours and walk you through requesting a refund from Apple, which is the fastest route and the only one that reverses the original charge.
2. If Apple declines your refund, we will pay you the amount you paid us directly, by the same method or another we agree with you.

"Daily use" means at least 25 scans in those 30 days. One claim per person. We may decline a claim that is fraudulent or repeated, and we will tell you why.

This guarantee is in addition to, and does not limit, any statutory right you have to a refund.

9. Availability, changes and beta software

We aim to keep the Service running, but we do not promise it will be uninterrupted, timely, secure or error-free. We may change, suspend or withdraw features. If we withdraw a paid feature entirely we will offer you a pro-rated refund or an equivalent.

Parts of the Service may be offered as beta, preview or TestFlight builds. Section 10 sets out the Beta Program terms in full, including our right to withdraw beta access at any time. Where Section 10 applies, it governs.

10. The Beta Program

Sometimes we invite people to use Oleah before it is finished and before it is on sale, through TestFlight or another pre-release channel. That is the Beta Program.

If you are in it, this section applies to you on top of the rest of these Terms, and where it conflicts with anything else in them, this section wins.

10.1 It is free, and it is temporary

Beta access costs nothing. We are not selling you anything and you are not buying anything. It runs for a limited period that we set, we can change that period, and the Beta Program ends when we decide it ends.

Because it is free, the Clarity Guarantee in Section 8 and the payment and refund terms in Section 7 do not apply to it. There is no payment, so there is nothing to refund.

10.2 We can withdraw your access at any time, for any reason

We may suspend or withdraw your access to the Beta Program at any time, for any reason or for no reason at all, without notice, and without any refund, credit or compensation. We do not have to warn you first and we do not have to explain the decision.

That is the basis beta access is offered on. If you are not comfortable with it, do not join the Beta Program.

Losing beta access does not delete your account or your data. Everything in Section 13 and in the Privacy Policy still applies, including your right to export your data and to delete it.

10.3 The feedback surveys

Being in the Beta Program means telling us how it is going. We will email you a short survey at about day 14, and a second one at about day 28, counted from the day your access starts. Each one takes about three minutes.

If you do not complete them, we may withdraw your access. That is a normal use of the right in Section 10.2, and in practice it is the most common reason we will use it.

10.4 What we may do with your feedback

Anything you tell us about Oleah is feedback: survey answers, bug reports, messages, ideas, screenshots, suggestions and complaints. You give it to us freely.

You grant us a perpetual, irrevocable, worldwide, royalty-free, transferable licence to use your feedback for any purpose connected with Oleah, including building, fixing, changing and promoting the Service. We do not owe you a payment, a credit or confidentiality for it. We may act on it, ignore it, or do the opposite.

If we ever quote your feedback publicly, as a testimonial or review, on our website, in an app store listing, in an advertisement, or in a social post, then all of the following apply:

• We will identify you by a first name and an initial at most, unless you have separately agreed in writing that we may use more.
• We will state clearly, next to the quote, that you got free access to Oleah in return for taking part. You received something of value from us and anyone reading your opinion is entitled to know that.
• We will not edit a quote in a way that changes what you meant.
• We will stop using it if you email legal@oleah.app and ask us to.

This does not let us use your photographs, your face scans or your face geometry in any marketing. Those are covered by Section 3 and by the Biometric and Consumer Health Data Policy, and we do not use them to promote Oleah.

10.5 A beta build is unfinished software

A beta build may be unstable. It can crash, behave incorrectly, show you wrong numbers, lose data you have entered, or lose your scan history. Features may appear and disappear between builds without warning.

It is provided strictly as is, with no warranty of any kind. Sections 14 and 15 apply to it in full. Do not put anything into a beta build that you cannot afford to lose.

A beta build is also not a medical device and not medical advice. Section 4 and the Medical Disclaimer apply to it exactly as they apply to the released app, and you should treat its output with more caution, not less, because it is less tested.

10.6 The face scan consent is separate, and it stays separate

Joining the Beta Program is not consent to a face scan. Agreeing to these Terms is not consent to a face scan.

Face scanning is optional and it is asked for on its own, on a separate screen, in plain language, and you can say no.

We will not make your beta access, your account, or any part of the Service that does not need a face scan conditional on you giving that consent, and we will not withdraw your beta access because you refused it or later withdrew it. You can withdraw that consent whenever you like from Privacy and my data, and your beta access is not affected.

If you never consent to a face scan you can still take part in the Beta Program, and the surveys in Section 10.3 will not ask you to give one.

11. Affiliate links

Some product links in the Service may earn us a commission. Where that is the case we say so. Commission never influences the verdicts, conflict warnings or advice the app gives you. See our Affiliate Disclosure.

12. Our intellectual property

The Service, including the software, design, brand, the "Oleah" name and wordmark, the scoring methodology and the curated catalogue, belongs to us and our licensors. These Terms give you a licence to use the app, and nothing more.

13. Termination

You may stop using the Service and delete your account at any time, from Privacy and my data in the app. Deletion is described in the Privacy Policy.

We may suspend or terminate your access if you breach these Terms, if we reasonably believe your use exposes us or another user to legal risk or harm, or if we are required to by law. Where it is practical and lawful we will tell you first and give you a chance to fix it. If we terminate you without cause, we will refund the unused portion of any period you have paid for.

Sections 3, 4, 5, 6, 10, 12, 14, 15, 16, 17 and 19 survive termination.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

We do not warrant that the Service will meet your requirements, that its outputs will be accurate or reliable, that defects will be corrected, or that your skin will improve. Results vary by person, by skin, and by how consistently you use it.

Some jurisdictions do not allow the exclusion of implied warranties. Where that is so, this section applies to you only to the extent permitted, and you may have statutory rights that these Terms cannot and do not remove.

15. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost data, or loss of goodwill, even if we were told they were possible.
• Our total liability to you for all claims combined is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, and (b) USD 100.

None of this applies to liability we cannot lawfully limit, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or wilful misconduct, or for any liability that the consumer law of your country does not permit us to exclude.

If you are a consumer in the EU, the UK, or Australia, nothing in these Terms affects your non-excludable statutory rights, including under the Australian Consumer Law.

16. Indemnity

If you use the Service in breach of these Terms or in breach of the law, and a third party brings a claim against us because of it, you will defend us and cover our reasonable losses and legal costs. We will tell you promptly about any such claim and let you control the defence, and we will not settle without your consent, which you will not unreasonably withhold.

This does not apply to claims arising from our own conduct.

17. Disputes, arbitration, and your right to opt out

16.1 Talk to us first

Before starting formal proceedings, email legal@oleah.app describing the problem and what you want. We will do the same before starting anything against you. We both agree to try to resolve it informally for 60 days. This step is required, and it suspends any limitation period.

16.2 Arbitration

If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration rather than in court.

If you live in the United States, the arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, and US law governs the arbitration agreement itself notwithstanding Section 18. Everywhere else, it is administered by the Singapore International Arbitration Centre under its Rules, seated in Singapore, in English, before a sole arbitrator.

• The arbitration will be conducted by documents, telephone or video unless the arbitrator decides an in-person hearing is needed. Any in-person hearing will take place in the county or district where you live.
• We will pay all filing, administration and arbitrator fees for any claim where the amount in dispute is under USD 10,000, unless the arbitrator finds your claim frivolous.
• The arbitrator may award any relief a court could award to you individually, including statutory damages and attorneys' fees where a statute provides them.
• The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.

16.3 No class actions

You and we each waive the right to a jury trial and the right to participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding.

If this class waiver is found unenforceable as to a particular claim, then that claim, and only that claim, must proceed in court and is severed from arbitration. The rest of this section stays in force.

16.4 Carve-outs

Nothing in this section stops either of us from:

• bringing an individual claim in small claims court;
• seeking urgent injunctive relief in court to stop infringement or misuse of intellectual property or confidential information;
• seeking public injunctive relief, where the law of your state makes that right non-waivable.

16.5 How to opt out

You may reject this arbitration agreement entirely. Email legal@oleah.app within 30 days of first accepting these Terms, with your name, the email on your account, and the words "I opt out of arbitration". That is all it takes.

Opting out has no effect on anything else. It will not change your price, your features or your service in any way, and we will not treat you differently for it. If you opt out, disputes go to the courts identified in Section 18.

16.6 Coordinated filings

If 25 or more people file substantially similar arbitrations against us represented by the same or coordinated counsel, we and the claimants will work with the administering institution to resolve them in staged batches, with the outcome of the first batch informing a global mediation. Limitation periods are suspended for all claimants during batching.

18. Governing law and courts

These Terms are governed by the laws of Singapore, without regard to its conflict of laws rules. Where arbitration does not apply, the courts of Singapore have jurisdiction, and we each consent to that.

If you are a consumer, this does not deprive you of the protection of the mandatory consumer law of the country where you live, and you may bring proceedings in your local courts where that law gives you the right.

19. Apple

You acknowledge that:

1. These Terms are between you and us only, not with Apple, and we alone are responsible for the app and its content.
2. Apple has no obligation to provide any maintenance or support for the app.
3. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
4. We, not Apple, are responsible for addressing any claim by you or a third party relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or privacy law.
5. We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes intellectual property rights.
6. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
7. You must comply with any applicable third-party terms when using the app.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right to enforce them against you.

20. Changes to these Terms

We may update these Terms. If a change materially affects your rights, we will notify you in the app at least 14 days before it takes effect, and continuing to use the Service after that date means you accept it. If you do not accept, stop using the Service and delete your account, and we will refund the unused portion of any period you have paid for.

We will never apply a change to the arbitration section retroactively to a dispute we already know about.

21. The rest

• Assignment. You may not assign these Terms. We may assign them to a successor, an affiliate, or a company formed to hold the Oleah business, including in connection with a reorganisation, financing or sale, provided your rights under these Terms and the Privacy Policy are not reduced.
• Severability. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
• No waiver. If we do not enforce something, that is not a waiver of it.
• Entire agreement. These Terms, the Privacy Policy, the Biometric and Consumer Health Data Policy, the Medical Disclaimer and the Affiliate Disclosure are the entire agreement between us about the Service, and replace any earlier version, including any prior terms published in the app or on the website.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control.
• Notices. We will reach you at the email address on your account. Reach us at legal@oleah.app or [[NOTICE_ADDRESS]].
• Language. These Terms are written in English. A translation is provided for convenience only and the English version governs.

22. Contact

Legal notice, disputes, arbitration opt-out: legal@oleah.app

Privacy and data: privacy@oleah.app

Support: care@oleah.app

Post: [[NOTICE_ADDRESS]]