Terms of Use
These Terms of Use (this "Agreement") is a legal agreement between you ("you") and Digital Skincare Inc, a Delaware company ("Company," "we" or "us") for use of the pora ai application, the website (pora.ai), the servers used by the application, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the "Application").
Acceptance of terms
Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION.
We may modify this Agreement from time to time. We will notify you by email, through the Application, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Application after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
Medical services disclaimer
The information about health provided by the Application is not intended to diagnose, treat, cure, or prevent disease. Products, services, information, and other content provided by the Application, including information linking to third-party websites are provided for general informational purposes only.
The information offered by the Application is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatment.
Individuals are different and may react differently to different products. Comments made on the Application by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
The Company is not liable for any information provided by the Application with regard to recommendations regarding cosmeceuticals, supplements, or their ingredients, for any health purposes.
The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call 911 or 112 or go to the nearest open emergency room immediately.
Registration and eligibility
To use the Application, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at https://www.pora.ai/privacy-policy (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company and that you will update that information promptly after it changes.
To create the Account and access the Application, you must be at least 13 years old (or 16 years old for the residents of the European Union). If you are under the said age, your parent or guardian must review and accept the terms of this Agreement, and by using the Application, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 13 (or 16 for the residents of the European Union) of certain content in the Application, at our sole discretion.
Your use of the Application
Any content you submit through the Application is governed by the Company’s Privacy Policy https://www.pora.ai/privacy-policy. To the extent there is any inconsistency between this Agreement and the Company’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the Application, you agree not to use the Application for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Application and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
a. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Application; b. modify, reverse engineer, decompile or disassemble the Application; c. copy, adapt, alter, modify, translate, or create derivative works of the Application without the written authorization of the Company; d. permit other individuals to use the Application, including but not limited to shared use via a network connection, except under the terms of this Agreement; e. circumvent or disable any technological features or measures in the Application for protection of intellectual property rights; f. use the Application in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; g. use or access the Application to compile data in a manner that is used or usable by a competitive product or service; h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone; i. use your Account to engage in any illegal conduct; j. upload to transmit any communications that infringe or violate the rights of any party; k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or l. upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the Application.
Children’s privacy
We are committed to protecting the privacy of children. We do not knowingly collect Personal Data of any person under the age of 13 (or 16 years old for the residents of the European Union). If you are aware of anyone under 13 (or 16 years old for the residents of the European Union) using the Services, please contact us at care@pora.ai and we will take the required steps to delete such information and (or) delete the account.
Export and economic sanctions control
The software that supports the Application may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Limited license to the Application
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the Application not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to care@pora.ai.
Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you, however, the Application cannot and does not guarantee health-related improvements or outcomes. Your use of the Application and any information, predictions, or suggestions provided in the Application is at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Application and you agree and understand that the Application is not intended to match or serve the same purpose as a medical or scientific device.
Subscriptions
Mobile application
The mobile application offers subscriptions that grant you access to the Application’s features and content, including, but not limited to, personalized insights based on your behavior and skin conditions, and tools for tracking changes in your skin conditions. Some of our subscriptions may include a free trial period, where you can experience the mobile application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription no later than 24 hours before the free trial ends.
We offer various subscription options that may include but are not limited to monthly, annual, and lifetime subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Play account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions (except for lifetime subscriptions) automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your account settings. We will notify you if the price of the subscription increases and if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company or its representatives or employees regarding future functionality or features.
All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
Subscriptions purchased on the pora.ai website
Pora.ai website (pora.ai) offers subscriptions that grant you access to the Application’s features and content, including, but not limited to, personalized insights based on your behavior and skin conditions, and tools for tracking changes in your skin conditions. Some of our subscriptions may include a free trial period, where you can experience the mobile application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription no later than 24 hours before the free trial ends.
We offer various subscription options that may include but are not limited to monthly, annual, and lifetime subscription options. Payment will be charged to your credit/debit card or PayPal account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions (except for lifetime subscriptions) automatically renew, until canceled in the Manage Subscriptions section of your account settings. We will notify you if the price of the subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
Account security
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Application’s account. It is your sole responsibility to (1) control the dissemination and use of the sign-in name, screen name, and passwords; (2) authorize, monitor, and control access to and use of your Application account; (3) promptly inform the Company if you believe your account has been compromised or if there is any other reason you need to deactivate your account via sending us an email at care@pora.ai. You grant the Company and all other persons or entities involved in the operation of the Application the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Application. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Application.
Warranty disclaimer
The Company controls and operates the Application from various locations and makes no representation that the Application is appropriate or available for use in all locations. The Application or certain features of it may not be available in your location or may vary across locations.
THE APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APPLICATION WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APPLICATION OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APPLICATION ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
Use of mobile devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the Application on a mobile device.
Third-Party Services
The Application may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
Your feedback
We welcome your feedback about the Application. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
Enforcement rights
We are not obligated to monitor access or use of the Application, however, we reserve the right to do so for purposes of operating and maintaining the Application, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Application or access to Application at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Application is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the Application or any other person or entity for performance or nonperformance of the aforementioned activities.
Changes to the Application
From time to time and without prior notice to you, we may change, expand and improve the Application. We may also, at any time, cease to continue operating part or all of the Application or selectively disable certain features of the Application. Your use of the Application does not entitle you to the continued provision or availability of the Application. Any modification or elimination of the Application or any particular features will be done at our sole and absolute discretion and without an ongoing obligation or liability to you.
Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE STATE OF DELAWARE AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the Application must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
Questions and comments
If you have any comments or questions on any part of the services or any part of these Terms of Use, please feel free to contact us at care@pora.ai.