Terms of Service

1. Definitions

• Applicationmeans the mobile application titled “Dermafy AI,” including all related features, tools, content, and updates.
• Company, We, Us, or Ourmeans EVRG sp. z o.o., a limited liability company organized under the laws of Poland, Tax ID (NIP): 9522279307, KRS: 0001216474, registered at ul. Skwierzynska 2, 04-853 Warsaw, Poland.
• Service means collectively the Application, the Website, associated software, content, AI-powered tools, and any services offered by the Company.
• User Content means any images, photographs, text, metadata, or other content uploaded, submitted, or transmitted by You through the Service.
• Website means dermafyai.app and any associated subdomains.
• You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

2. Agreement to Terms

By downloading, installing, accessing, or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms and Our Privacy Policy. If You do not agree to these Terms, You must not use the Service. These Terms constitute a legally binding agreement between You and the Company.

3. Eligibility and Age Requirements

You must be at least 16 years old to use the Service. If You are between 16 and 18 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service.

By using the Service, You represent and warrant that You meet the eligibility requirements stated in this section.

4. Health and Safety Disclaimers

This section contains important limitations regarding the nature of the Service. Please read it carefully.

• Dermafy AI does not provide medical advice, dermatological counseling, diagnosis, or professional health services of any kind.
• All product assessments, ingredient safety analyses, and safety scores are automated approximations generated by artificial intelligence and may be incomplete, inaccurate, or outdated.
• Product formulations may change without notice, and Our database may not reflect the most current ingredient information. Always check the physical product label before use.
• The Service is not intended to diagnose, treat, cure, or prevent any disease or health condition. It is not a substitute for professional medical or dermatological advice.
• If You have skin allergies, sensitivities, or medical conditions that affect Your skin, You must consult a licensed healthcare professional or dermatologist before making skincare decisions. Do not rely solely on the Service for allergy management.
• The Company is not liable for any adverse health effects, allergic reactions, or other consequences resulting from cosmetic choices made based on the Service's analysis or recommendations.

5. User Content and License Grant

By submitting User Content to the Service, You represent that You own or have all necessary rights to the content. You grant the Company a worldwide, royalty-free, sublicensable license to use, store, process, reproduce, analyze, modify, and create derivative works from Your User Content solely to operate, maintain, and improve the Service, including for internal AI model training and analysis accuracy improvement.

We do not publicly display, publish, or distribute Your User Content without Your express consent. Any use of User Content for AI training is strictly anonymized and not linked to Your identity.

You agree not to upload content that is unlawful, harmful, offensive, infringing on third-party rights, or otherwise violates these Terms.

6. Prohibited Uses

You agree not to use the Service to:

• Upload violent, explicit, defamatory, or unlawful content
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Application or its AI models
• Use the Service for competitive analysis, benchmarking, or to build a competing product
• Circumvent, disable, or interfere with security features or access restrictions
• Use automated means (bots, scrapers) to access the Service without Our written permission
• Interfere with or disrupt the Service's operation or infrastructure
• Impersonate any person or entity, or misrepresent Your affiliation with any person or entity
• Use the Service in any manner that violates applicable local, national, or international laws or regulations

7. Subscriptions, Billing, and In-App Purchases

Dermafy AI offers a freemium model with optional paid subscriptions (“Dermafy Pro”). Subscriptions provide access to premium features including unlimited scanning, product memory, ingredient tracking, and personalized recommendations.

Subscriptions are processed through third-party platforms — the Apple App Store (Apple Inc.) and Google Play Store (Google LLC) — and are subject to their respective terms and conditions. Payment processing, billing, and refund handling are managed by these platforms.

• Subscriptions automatically renew unless cancelled at least 24 hours before the current billing period ends.
• You may cancel Your subscription at any time through Your device's subscription settings (iOS: Settings > Apple ID > Subscriptions; Android: Play Store > Subscriptions).
• Refund requests should be directed to the platform where the purchase was made (Apple or Google), as the Company does not directly process payments.
• Prices may change from time to time. Price changes for active subscriptions will be communicated in advance.

EU consumers have the right to withdraw from a digital content purchase within 14 days under EU consumer protection law, unless You have expressly consented to immediate performance and acknowledged loss of the withdrawal right upon starting to use the premium features.

8. Intellectual Property

All rights, title, and interest in and to the Service (excluding User Content) are owned exclusively by the Company or its licensors. This includes the Application software, AI models, algorithms, website design, logos, trademarks, and all associated intellectual property. You may not copy, modify, distribute, sell, lease, sublicense, or reverse engineer any part of the Service. Nothing in these Terms grants You any right to use the Company's trademarks or branding without prior written consent.

9. Third-Party Services

The Service may include links to or integrations with third-party content, services, or platforms (such as app stores, payment processors, or analytics providers). The Company does not control, endorse, or assume responsibility for such third-party services, and their use is subject to their own terms and privacy policies.

10. Termination

The Company may suspend or terminate Your access to the Service at any time, with or without notice, if You violate these Terms or engage in conduct that We reasonably believe is harmful to the Service, other users, or the Company.

You may terminate Your Account at any time by contacting Us at support@dermafyai.app. Upon termination, all rights granted to You under these Terms immediately cease.

Sections that by their nature should survive termination (including but not limited to intellectual property, disclaimers, limitation of liability, and governing law) shall survive.

11. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.

The Company does not warrant that: (a) the Service will meet Your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Service will be accurate or reliable; or (d) any ingredient analysis, product assessment, or recommendation will be complete or free from errors.

12. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total aggregate liability to You for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount You paid to the Company in the 12 months preceding the claim, or (b) one hundred euros (EUR 100).

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, regardless of the theory of liability and even if the Company has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to conflict of law provisions.

Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Warsaw, Poland. If You are a consumer habitually resident in the European Union, You additionally benefit from any mandatory consumer protection provisions of the law of Your country of residence, and You may bring proceedings in the courts of Your habitual residence. EU consumers may also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Changes to These Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated through the Application or by email at least 14 days before they take effect. Your continued use of the Service after the effective date of updated Terms constitutes Your acceptance of those changes. If You do not agree to the updated Terms, You must stop using the Service and may request deletion of Your Account.

16. Contact Information

If You have questions about these Terms, You may contact Us: