Consumer Terms of Service

You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided us personal information, please contact us at privacy@skinsafeproducts.com.

“Service” means the SkinSAFE website, mobile applications, databases, content, and related features and services we make available to consumers.

“Free Account” means a SkinSAFE account that provides limited functionality at no charge.

“Premium Subscription” means a paid subscription that unlocks additional features and functionality of the Service.

“App Store” means a third-party platform through which the SkinSAFE app may be distributed, such as the Apple App Store or Google Play.

“User Content” means content you submit to the Service, such as profiles, allergen lists, product reviews, ratings, comments, and photos.

3.1 Overview. SkinSAFE helps consumers identify personal care, beauty, and household products that may be compatible with their skin sensitivities and allergens. The Service includes a product and ingredient database and tools to filter, search, and save products.

3.2 Freemium Model. The Service is offered on a “freemium” basis. A Free Account provides access to limited features. Certain features, content, and functionality are available only with a Premium Subscription. We may change which features are free or paid at any time, in our discretion.

3.3 Changes to the Service. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as expressly set forth in these Terms with respect to prepaid Premium Subscriptions.

To access certain features you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us immediately at privacy@skinsafeproducts.com of any unauthorized use of your account. We may suspend or terminate your account if you violate these Terms or if we reasonably believe doing so is necessary to protect the Service or other users.

5.1 Subscription Plans and Pricing. Premium Subscriptions are offered on the plans and at the prices presented to you at the point of purchase (for example, monthly or annual). Prices are stated in U.S. dollars unless otherwise indicated and exclude applicable taxes, which you are responsible for paying. We may change subscription prices prospectively; price changes will not apply to the then-current paid period and we will provide advance notice of any price increase as required by law before it takes effect.

5.2 Authorization to Charge. By purchasing a Premium Subscription, you authorize SkinSAFE (or the applicable App Store or payment processor) to charge your selected payment method the subscription fee plus applicable taxes for the initial term and, unless and until you cancel, for each renewal term.

5.3 Automatic Renewal. YOUR PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (MONTHLY OR ANNUAL, AS APPLICABLE) FOR A SUCCESSIVE PERIOD OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE PLUS APPLICABLE TAXES, UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT PERIOD. THE RENEWAL WILL OCCUR AUTOMATICALLY AND WITHOUT FURTHER ACTION BY YOU UNTIL YOU CANCEL.

5.4 How to Cancel. You may cancel your Premium Subscription at any time. If you subscribed directly through SkinSAFE, you can cancel in your account settings or by contacting payments@skinsafeproducts.com. If you subscribed through an App Store, you must cancel through that App Store’s subscription management settings (for example, in your Apple ID or Google Play account); we cannot cancel App Store subscriptions on your behalf. To avoid being charged for the next period, you must cancel at least 24 hours before the end of the current period (or as otherwise specified by the App Store). Cancellation takes effect at the end of the current paid period, and you will retain access to Premium features until then.

5.5 Refunds. Except as required by applicable law or as expressly stated in these Terms, all charges are nonrefundable and we do not provide refunds or credits for partial subscription periods, unused features, or downgrades. If you purchased through an App Store, refunds are subject to that App Store’s policies. Nothing in these Terms limits any non-waivable refund or cancellation rights you may have under applicable consumer-protection law.

5.6 Free Trials and Promotions. We may offer free trials or promotional subscriptions. Unless you cancel before the end of the trial or promotional period, your subscription will automatically convert to a paid Premium Subscription and your payment method will be charged the then-current price. Only one trial or promotion may be available per person or household, and we may modify or withdraw trials and promotions at any time.

5.7 Failed Payments. If a charge is declined or reversed, we may suspend or downgrade your Premium access and retry the charge. You remain responsible for amounts owed.

6.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the SkinSAFE app on devices you own or control, solely for your personal, non-commercial use.

6.2 App Store Rules. If you obtain the app through an App Store, your use is also subject to that App Store’s terms, and you represent that you are not located in a country subject to a U.S. embargo or on a U.S. restricted-parties list. The App Store is not responsible for the app or its content and has no obligation to provide maintenance or support for it.

6.3 Apple-Specific Terms. If you download the app from the Apple App Store, the following apply: (i) these Terms are between you and SkinSAFE only, not Apple; (ii) Apple has no obligation to furnish maintenance or support for the app; (iii) in the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation with respect to the app; (iv) Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or intellectual-property claims; and (v) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

7.1 Your Content. You retain ownership of your User Content. By submitting User Content, you grant SkinSAFE a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, display, and distribute your User Content in connection with operating, providing, and promoting the Service. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms or any third-party rights.

7.2 Responsibility and Removal. You are solely responsible for your User Content. We do not endorse and are not responsible for User Content, and we may, but are not obligated to, review, monitor, or remove User Content at any time, with or without notice, in our discretion.

You agree not to, and not to permit others to: (i) use the Service for any unlawful, infringing, or fraudulent purpose; (ii) copy, scrape, harvest, extract, or systematically download the SkinSAFE database, ingredient data, or other content, or use any robot, spider, or automated means to access the Service, except as expressly permitted by us; (iii) use the Service or its content to build, train, or improve any competing product, service, dataset, or machine-learning model; (iv) reverse engineer, decompile, or attempt to derive the source code or underlying data of the Service, except where this restriction is prohibited by law; (v) interfere with or disrupt the Service or circumvent any security or access controls; (vi) upload malicious code or transmit unsolicited communications; (vii) impersonate any person or misrepresent your affiliation; or (viii) post content that is defamatory, obscene, harassing, hateful, or otherwise objectionable.

The Service and all content, software, databases, ingredient data, designs, text, graphics, logos, and trademarks made available through it (other than User Content) are owned by SkinSAFE and its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted to you in these Terms, we reserve all rights. You may not use our name, trademarks, or logos without our prior written consent. The SkinSAFE name and logo are trademarks of SkinSAFE and may not be used without permission.

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a written notice to our designated agent at privacy@skinsafeproducts.com that includes: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement that you have a good-faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf. We may remove allegedly infringing content and terminate repeat infringers. A counter-notification process is available to users whose content is removed.

THE SERVICE IS FOR INFORMATIONAL AND REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO BE, AND MUST NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A LICENSED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION, ALLERGY, OR PRODUCT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU READ OR ACCESSED ON THE SERVICE.

PRODUCT AND INGREDIENT INFORMATION IS OBTAINED FROM PRODUCT LABELS AND THIRD-PARTY SOURCES AND HAS NOT NECESSARILY BEEN INDEPENDENTLY VERIFIED BY SKINSAFE. ACTUAL PRODUCT PACKAGING AND INGREDIENTS MAY DIFFER FROM WHAT IS SHOWN ON THE SERVICE. ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT, AND CONTACT THE MANUFACTURER OR YOUR HEALTHCARE PROVIDER WITH ANY CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR SEVERE REACTION, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY. STATEMENTS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

The Service may display third-party products, links, and advertisements, and may include affiliate or commercial relationships under which SkinSAFE may receive compensation when you click links or purchase products. We do not control and are not responsible for third-party websites, products, or services, and your dealings with third parties are solely between you and them. Inclusion of a product does not constitute an endorsement.

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices, including with respect to your rights under applicable privacy laws.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SKINSAFE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (THE “SKINSAFE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PRODUCT OR INGREDIENT INFORMATION IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SKINSAFE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE SKINSAFE PARTIES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SKINSAFE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless the SkinSAFE Parties from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your User Content, your violation of these Terms, or your violation of any law or third-party right.

These Terms apply while you use the Service. You may stop using the Service at any time and may delete your account. We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or for any other reason in our discretion. Upon termination, your license to use the Service ends. Sections that by their nature should survive termination (including Sections 7, 8, 9, 11, 14, 15, 16, 18, 19, and 20) will survive. Termination does not entitle you to a refund except as required by law or expressly provided in Section 5.

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new “Effective Date,” and, where required, by additional notice such as email or in-app notification. Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes your acceptance. If you do not agree to the changes, you must stop using the Service.

19.1 Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at privacy@skinsafeproducts.com and giving us 30 days to resolve it.

19.2 Binding Arbitration. EXCEPT FOR THE EXCEPTIONS BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, AND THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. THE ARBITRATION WILL TAKE PLACE IN MARICOPA COUNTY, ARIZONA, OR, AT YOUR ELECTION, BY TELEPHONE, VIDEO, OR BASED ON WRITTEN SUBMISSIONS, OR IN THE COUNTY WHERE YOU RESIDE.

19.3 Class Action Waiver. YOU AND SKINSAFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND SKINSAFE EACH WAIVE THE RIGHT TO A JURY TRIAL.

19.4 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

19.5 Opt-Out. You may opt out of this arbitration agreement by emailing privacy@skinsafeproducts.com within 30 days after you first accept these Terms, stating your name, the email associated with your account, and that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

19.6 Severability. If the class action waiver in Section 19.3 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court; the remainder of this Section 19 will remain in effect.

These Terms and any dispute arising out of or relating to them or the Service are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to conflict-of-laws principles. Subject to Section 19, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to such jurisdiction and venue. Nothing in this Section deprives you of the protection of any mandatory consumer-protection laws of your place of residence.

21.1 Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and SkinSAFE regarding the Service and supersede prior agreements on that subject.

21.2 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely. These Terms bind permitted successors and assigns.

21.3 Severability; No Waiver. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver.

21.4 Force Majeure. We are not liable for delays or failures to perform caused by events beyond our reasonable control.

21.5 Notices. We may provide notices to you by email, through the Service, or by posting. Notices to us should be sent to SkinSAFE Products, Inc., 3104 E. Camelback Rd. #726, Phoenix, AZ 85016, with a copy to privacy@skinsafeproducts.com.

21.6 Headings; Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

Questions about these Terms or the Service may be directed to: SkinSAFE Products, Inc., 3104 E. Camelback Rd. #726, Phoenix, AZ 85016; email privacy@skinsafeproducts.com; customer support: sshelp@skinsafeproducts.com.