Terms of Use — SkinTune

These Terms of Use (the "Terms") apply to your access and use of our application "skintune.pro" (the "App"), our websites (including but not limited to skintune.pro), our blog, and all related services, features, and content (collectively the "Services") provided by EL Mental Health LLC, a company registered in the United States with EIN 41-4866108 and registered address 7910 4th Street North, 300, St. Petersburg, FL 33702, United States (collectively referred to as "skintune.pro", "Company", "we", or "us"). The Terms are not entered into with Apple, Inc. and any of its subsidiaries, or Google, Inc. and any of its subsidiaries, or any other entity as may apply. If you have any questions about the Terms or our Services, please contact us at support@skintune.pro or visit our support page at https://skintune.pro/#support.

Please read the Terms carefully. By accessing and/or using our Services, you acknowledge that you accept and agree to be bound by the Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18 (Dispute Resolution by Negotiation and Binding Arbitration Agreement), do not use skintune.pro. Your continued use of skintune.pro will confirm your acceptance of these Terms.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SERVICES.

1. Changes to the Terms

We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.

We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g., technical corrections or description of a new feature) without notice.

2. Important Disclaimers

skintune.pro is a wellness application that lets you track acne using AI photo analysis and follow personalized, skin-focused meal plans based on the information you provide. skintune.pro is NOT a medical or healthcare service, and no physician-patient relationship exists between you and the Company.

You should NOT use the App under these conditions:

If you are pregnant or breastfeeding
If you are underweight (BMI < 18.5)
Under 18 years old
Over 80 years old
Have a diagnosed eating disorder
Have type 1 diabetes

If you suffer from a medical or dermatological condition, use medications (including prescription acne treatments), are over the age of 70, or intend to follow any diet plan, please consult your doctor before starting.

The Services may not be appropriate for all persons and are not a substitute for professional healthcare services, including the services of a licensed dermatologist. The App's photo analysis, skin insights, and meal plans are intended only as a tool, which may be useful in achieving your overall health, skin, and wellness goals, and do not constitute medical advice, diagnosis, or treatment. You acknowledge that your diet and lifestyle activities involve risks, which may involve the risk of bodily injury or death, and that you assume those risks. Before accessing or using the Services, you agree to release and discharge the Company from any and all action, known or unknown, arising out of your use of the Services.

Please consult with a licensed physician, dermatologist, or other qualified healthcare providers before making any decisions or taking any actions that may affect your health and safety or that of your family or fetus.

Never disregard professional medical advice or delay in seeking it because of something you have read or received using our Services.

Always consult with your healthcare professional if you have any questions or concerns about your health, skin condition, or experience any changes in your condition or health status. If you think you have a medical emergency, call emergency services or go to the nearest open emergency room immediately.

Developments in medical and dermatological research may impact the wellness recommendations that appear on the Services. No assurance can be given that the recommendations contained in the Services will always include the most recent medical findings or developments.

We make no guarantees concerning the level of success you may experience, and you accept that the underlying risks and results will differ for each individual. The testimonials and examples that are provided on the Services are for reference purposes only and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past results can be duplicated in the future. We cannot guarantee your future results and/or success, nor can we guarantee that you will maintain the results you experience if you do not continue following the personalized recommendations.

In addition to all other limitations and disclaimers in the Terms, the Company disclaims any liability or loss in connection with the content provided through the Services.

3. Subscriptions

All regular subscriptions automatically renew at the end of your then-current subscription period unless you turn off auto-renewal or cancel your subscription at least 24 hours before the subscription period ends. You can cancel your regular subscription at any time, and you will still be able to access the premium features until the end of the subscription period. If you cancel your subscription during your subscription period, you will not be refunded for the unused period.

We may offer commitment subscriptions providing you with the option to subscribe to skintune.pro for a predetermined duration (e.g., 3 months, 10 months) at a reduced price per month. After the commitment period expires, the commitment subscription converts to a regular subscription which auto-renews monthly at the monthly subscription price applicable at the time of renewal. Generally, commitment subscriptions cannot be canceled until the commitment period expires, unless otherwise required by the applicable laws of your jurisdiction. If no such exception applies, you will need to pay a non-refundable cancellation fee of $29.99 (or its equivalent in any other currency) to cancel before expiration of the commitment period.

For the purposes of this Section, the term "subscription(s)" covers both regular subscriptions and commitment subscriptions, unless the contrary is specified. Subscriptions auto-renew even if you are not actively using the App.

If you have any difficulties, concerns, or questions about your subscription, please contact us at support@skintune.pro.

3.1. skintune.pro subscription.

We offer subscriptions that grant you access to special features and content, including, but not limited to, AI skin photo analysis, acne tracking, and personalized meal plans. 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 regarding future functionality or features.

3.2. Billing.

You may purchase a skintune.pro regular subscription either through the Apple App Store/Google Play Store or through skintune.pro's website. Commitment subscriptions can only be purchased through skintune.pro's website. If you choose to purchase a regular subscription via the stores, payment will be charged to your credit/debit card through your App Store or Google Play account after you choose one of our regular subscriptions and confirm your purchase. Otherwise, the payment will be charged to your credit/debit card or PayPal account after you choose one of our subscriptions on the website and confirm your purchase.

When the subscription auto-renews, the payment is charged at the beginning of each billing period to the payment method you used during the initial subscription purchase. You authorize us to charge the applicable subscription fees to the payment method that you used.

3.3. Intro offers.

We may offer users an intro offer period as part of the chosen subscription to experience the premium features at a reduced price. The intro offer period is considered a part of the subscription period regarding, among others, the right to cancel the subscription within the applicable cooling off period (if any). During the intro offer, you may either cancel your subscription no later than 24 hours before the intro offer period ends, or you may continue using the premium subscription at its normal price, and we will begin to charge you accordingly.

3.4. Renewal and Cancellation.

Your paid subscription will automatically renew at the end of the applicable subscription period. To avoid unexpected charges, you can:

Turn off auto-renew in-app through your account settings, or
Cancel your regular subscription no later than 24 hours before the end of the subscription period, or your commitment subscription no later than 24 hours before the end of the commitment period. Your subscription can be canceled at any time in-app through your account settings.

If your subscription was purchased through our website: you may cancel automatic renewals of such subscription at any time prior to the renewal date in your account settings or by emailing us at support@skintune.pro.

If you purchased a regular subscription through the Apple App Store: you may cancel automatic renewals by selecting "Manage App Subscriptions" in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the current functionality of that platform.

If you purchased a regular subscription through the Google Play Store: you may cancel automatic renewals in the account settings under the "Subscriptions" tab in the Google Play app, or according to the then-current process outlined by Google Play, or otherwise in accordance with the current functionality of that platform.

Please note that your purchased subscription does not cancel automatically if you delete the mobile application. You should cancel the subscription before the deletion of the mobile application.

Should you have any questions or concerns, please contact our support team at support@skintune.pro or visit https://skintune.pro/#support for instructions on how to cancel your subscription.

3.5. Refunds.

Your refund options depend on the way you have purchased your subscription.

If your subscription was purchased through our website: Generally, your purchases are non-refundable. However, sometimes we provide refunds: e.g., upon meeting certain criteria or where the applicable laws of your jurisdiction provide you with a cooling off period. If you believe you are eligible for a refund, please contact us at support@skintune.pro, and we will review your request in accordance with applicable law.

If you purchased a regular subscription through the Apple App Store or Google Play Store: Subscriptions purchased via the App Store are subject to the App Store's refund policies, while subscriptions purchased via the Play Store are subject to the Play Store's refund policies. This means that we cannot grant refunds for such subscriptions. To claim a refund for a subscription purchased via the App Store or Google Play, please contact App Store support or Google Play support accordingly.

3.6. Changes.

We may from time to time make changes to our subscription plans, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use our subscription after the price change takes effect, you will have accepted the new price. If you don't agree to a price change, simply unsubscribe from the applicable subscription no later than 24 hours before the end of the subscription term to avoid getting charged any further.

3.7. Taxes.

Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time depending on local tax requirements in your territory, city, state, or country. Any change in the applicable tax rate will be automatically applied based on the account information you have provided.

4. Your Privacy

We care about your privacy. Please read our Privacy Policy available at skintune.pro/privacy.

The Privacy Policy is an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.

The Services are not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we know is a child under the age of 18.

If you are aware of anyone who does not comply with these limitations, please contact us at support@skintune.pro, and we will take steps to delete their account.

5. Registration and Eligibility

5.1. To use the Services, you may be required to create an account and to provide certain personal information, which may include, among others, your name, gender, birth date, and e-mail address. You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.

5.2. You may not create the account with a name that you don't have the right to use, or another person's name with the intent to impersonate that person.

5.3. To create an account and access the Services, you must be at least 18 years old and not barred from using skintune.pro under applicable law. You hereby represent and warrant to the Company that you meet such qualifications.

5.4. You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.

5.5. The Company has the right to suspend or terminate your account, with or without notice to you, if you breach the Terms.

6. Your Use of the Services

You will only use the Services:

For your own personal, non-commercial use, and
Not on behalf, or for the benefit, of any third party, and
Only in a manner compliant with all applicable laws.

We can't and won't be responsible for your use of the Services in a way that breaks the law.

As a condition to using our Services, you agree that you SHALL NOT:

Sell, rent, lease, loan, sublicense, or otherwise transfer the rights or obligations from the Terms;
Modify, reverse engineer, decompile, or disassemble the Services;
Copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of the Company;
Permit other individuals to use the Services, including but not limited to shared use via a network connection (unless allowed by the Terms);
Bypass or disable any technology that protects the intellectual property rights of the Company;
Use the Services 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;
Use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
Use your account to advertise, solicit, or send any business advertisements, including chain letters, spam emails, or repetitive messages to anyone;
Use your account for illegal purposes;
Upload photos of any person who has not consented to such upload;
Upload and/or transmit any communications that infringe or violate the rights of any party;
Upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit content, or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms; or
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 any of our Services.

If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately.

7. Export and Economic Sanctions Control

The software that supports the Services may be subject to U.S. export and re-export 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:

Not located in any country or region that is subject to a U.S. government embargo, and
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 Services nor any technical data related to them, nor any direct product of the Services is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations.

8. Limited License to the Services

8.1. We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license (without the right to sublicense) to access and use the Services for personal and non-commercial purposes in accordance with the Terms.

8.2. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Services without prior express written permission from the Company, and such consent may be withheld for any or no reason.

8.3. You further agree not to download, display, or use any content on the Services that are provided by the Company or its licensors for use in any publications, in public performances, on websites other than the Services for any other commercial purpose, in connection with products or services that are not those of the Company, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company's or its licensors' intellectual property rights.

8.4. You further agree not to misuse any content published by the Company or third-party content that appears using the Services.

8.5. All rights, title, and interest in and to the Services not expressly granted through the Terms are reserved by the Company. If you wish to use our 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 first obtain our written permission. Permission requests may be sent to support@skintune.pro.

8.6. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available through the Services, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of any of the Services (collectively referred to herein as the "Company's Content"). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company's Content are retained by us.

9. Use at Your Own Risk

Our goal is to help make certain wellness, skin, and health-related information more readily available and useful to you; however, the Services cannot and do not guarantee health-related or skin-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided through the Services are 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 Services, and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device.

10. Account Security

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account.

It is your sole responsibility to:

Control the dissemination and use of sign-in names and passwords;
Authorize, monitor, and control access to and use of your account;
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. Send us an email at support@skintune.pro.

You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. 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 Services, and shall not be responsible for any losses arising out of the unauthorized use of your account or information resulting from you not following these rules.

11. Warranty Disclaimer

11.1. The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features may not be available in your location or may vary across locations.

11.2. THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE 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.

11.3. The Company, and its directors, employees, agents, representatives, suppliers, partners, and content providers do not warrant that:

The Services will be secure or available at any particular time or location;
Any defects or errors will be corrected;
Any content or software available at or through the Services is free of viruses or other harmful components; or
The Services will meet your requirements.

11.4. You use the Services at your own risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

11.5. No guarantee of specific results. We do not guarantee and do not promise any specific results from your use of our Services, including any particular result for your skin. You agree to bear the risks of interruption of the Services for any technical reasons.

11.6. No Medical Advice. skintune.pro is not a medical service. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed dermatologist or physician.

11.7. Since some states/countries do not allow limitations on implied warranties, the above limitations may not apply to you.

12. Limitation of Liability

12.1. 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 the Services.

12.2. In no event will the Company's total liability arising out of or in connection with the Terms or from the use of or inability to use the Services exceed the amounts you have paid to the Company for use of the Services or $100 if you have not had any payment obligations to the Company, as applicable.

12.3. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. Nothing in the Terms excludes or limits our liability to you where it would be unlawful to do so. Where any provision is expressed to exclude or limit liability to a greater extent than permitted by applicable law, that provision shall be deemed to only exclude or limit our liability to the maximum extent permitted by applicable law.

12.4. Neither the Company, nor any third party mentioned on any of the Services, is liable for any personal injury, including death, caused by your use or misuse of the Services.

12.5. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

13. Use of Mobile Devices

Your carrier's normal rates and fees, such as text messaging and data charges, will still apply if you are using the Services on a mobile device.

14. Third-Party Services

The Services 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 linking to or use of any Third Party Services other than our Services is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of our Services. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services.

You shall not link to our website, App, content, or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval, or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.

15. Your Feedback

We welcome your feedback about the Services. 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 content for free, and revise, modify, adjust, and change contextually, or make any other changes as we deem appropriate.

16. Enforcement Rights

We are not obliged to monitor your access or use of the Services; however, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with the Terms, and complying with applicable legal requirements. We reserve the right (but are not required) to remove or disable any content posted to the Services or access to Services at any time without notice and at our sole discretion if we determine that your content or use of the Services is objectionable or in violation of the Terms.

We may refuse service, close accounts, and change eligibility requirements at any time.

The Company has no liability or responsibility to users of our Services or any other person or entity for the performance or nonperformance of any of the above.

17. 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 use of the Services or your violation of the Terms.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us for defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

18. Dispute Resolution by Negotiation and Binding Arbitration Agreement

18.1. Initial Dispute Resolution via Negotiation.

We strive to resolve disputes amicably and efficiently. You hereby agree that before initiating arbitration proceedings against us, we will negotiate in good faith and try to resolve informally any claim or demand you might have. The negotiations can take place without limitation via emails, calls, video calls or physical meetings.

If you have any dispute against us, you agree that before taking any formal action, you will contact us at support@skintune.pro, and provide a brief, written description of the dispute and your contact details. We will use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation between us.

Engaging in this informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. Therefore, you agree that you will only be able to initiate arbitration proceedings if your dispute or claim is not amicably resolved within 45 days from the date you informed skintune.pro about it. The only exception to this timeframe is if skintune.pro informs you in writing prior to the expiration of the 45-day period that it is unable or unwilling to settle your claim or dispute, in which case you can initiate arbitration proceedings immediately.

Any applicable statute of limitations and/or any filing fee deadlines shall be paused while we engage in the informal dispute resolution process required by this paragraph.

18.2. Binding Arbitration Agreement.

You and skintune.pro agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms, or your use of the Services, including the validity, enforceability, or scope of this arbitration agreement (collectively "Disputes") through binding arbitration, except to the extent that:

Any applicable law prohibits the exclusive use of arbitration for dispute resolution; or
Both parties agree in writing to resolve the Dispute in court.

For both of the above exceptions, the governing law and jurisdiction in Section 19 will apply.

Agreement to Arbitrate. By using or accessing our Services, you agree to resolve any Disputes exclusively through final and binding arbitration. Nevertheless, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. This arbitration agreement is governed by the Federal Arbitration Act ("FAA"). This agreement to arbitrate is intended to be broadly interpreted.

Arbitration Rules. The arbitration will be administered by the:

American Arbitration Association (AAA) under its Consumer Arbitration Rules for US users, or
International Centre for Dispute Resolution (ICDR) under its International Arbitration Rules for non-US users.

The AAA and ICDR rules are available at www.adr.org, and for the purposes of this Section they are collectively referred to as the "applicable rules". Any rules or procedures governing or permitting class actions under the applicable rules are hereby excluded and are not enforceable.

Initiating Arbitration. To initiate arbitration, you must send us a notification requesting arbitration and describing the Dispute to support@skintune.pro. For skintune.pro to initiate arbitration, we must send you a notification requesting arbitration and describing the Dispute to the email address you used to subscribe to our Services or in any prior communication with us.

Arbitration Procedure and Location. The arbitration will be conducted by a single arbitrator selected in accordance with the applicable rules. If the parties are unable to agree upon an arbitrator within 15 days of delivery of the notification requesting arbitration, then the appointment of the arbitrator will be done in accordance with the AAA's rules (for US users) or the ICDR's rules (for non-US users).

If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and skintune.pro submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the applicable rules. Subject to the applicable rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

For US users, the arbitrator will apply the substantive law of the state of Florida; and for non-US users the substantive law of your country of residence, without regard to its conflict of laws principles. For US users, the arbitration will be conducted in the county where you reside, unless you and skintune.pro agree otherwise. For non-US users, the arbitration will be conducted in a location reasonably convenient to both parties, unless you and skintune.pro agree otherwise.

Arbitration Fees. The payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules (for US users) or the ICDR's rules (for non-US users).

Authority of Arbitrator and Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the applicable rules, and these Terms; provided however that the arbitrator's awarded damages must be consistent with the terms of the "Limitation of liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon you and skintune.pro, and judgment of the arbitration award may be entered in any court having jurisdiction thereof.

No Class Actions. You and skintune.pro agree that each may bring claims against the other only in your or its individual capacity and NOT as a plaintiff or class member in any purported class or representative proceeding. Unless both you and skintune.pro agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Further, you acknowledge and agree that you and skintune.pro are each waiving the right to a trial by jury.

Opt-Out. You may opt out of this arbitration agreement. If you do so, neither you nor skintune.pro can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days from the date you first used any of our Services. Your notice must include your name, your skintune.pro username (if any), the email address you used to set up your skintune.pro account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to: support@skintune.pro.

Changes. Changes to this section will become effective on the 30th day after posting an updated version of the Terms on our website (see "Effective date" above), and will apply prospectively only to any claims arising after the 30th day.

Enforceability. If the waiver of class actions set forth in this section is found to be illegal or unenforceable as to all or some parts of a Dispute, then those parts shall not be resolved through arbitration but will proceed in a court of competent jurisdiction, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

19. Governing Law and Jurisdiction

19.1. These Terms shall be governed in accordance with the laws of the State of Florida, United States.

19.2. To the extent that any action relating to any Dispute hereunder is for whatever reason not submitted to arbitration (as per Section 18 above), each of the parties submits to the exclusive jurisdiction of the courts of Miami-Dade County, State of Florida to settle any Dispute that may arise out of or in connection with these Terms and/or the Services, and that accordingly proceedings must be brought in such courts.

19.3. The parties irrevocably submit to the jurisdiction and venue of the courts of Miami-Dade County, State of Florida and waive any claims of improper venue or forum non conveniens.

19.4. If you are an EEA or Switzerland user: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. You agree that the Services, Terms, and any Disputes between you and the Company shall be governed in all respects by the laws of the State of Florida, United States, without regard to choice of law provisions.

20. Miscellaneous

20.1. Cause of action. Any claim or cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

20.2. Severability and Enforceability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and the remainder of the Terms shall continue in full force and effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings.

20.3. No waiver. No waiver by skintune.pro of any term or condition set forth in the Terms 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 skintune.pro to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

20.4. Assignment. skintune.pro reserves the right to transfer or assign its rights and obligations under these Terms to any party, by any method, including novation. By accepting these Terms, you agree to such transfers and assignments. Posting online an updated version of these Terms that identifies another party as a participant will serve as valid notice of skintune.pro's transfer of rights and obligations, unless otherwise stated.

20.5. Electronic Communications. All communications through the Services are considered as electronic communications, unless otherwise stated. When you interact with us through the Services or other electronic means, including without limitation email, you are communicating electronically. You agree that we may communicate with you electronically, including by sending service and transactional messages from no-reply@skintune.pro, and that these communications, including notices, disclosures, agreements, and other documents and messages, have the same legal effect as if they were provided to you in writing. Please note that the no-reply@skintune.pro mailbox is not monitored; if you wish to contact us, please email support@skintune.pro. You also consent to our use of third-party providers to manage these electronic communications securely and efficiently. By clicking buttons labeled "Submit," "Continue," "Register," "I Agree," or similar, you are providing a binding electronic signature and entering into a legally binding contract. Your electronic submissions indicate your agreement to be bound by these Terms. You consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records through the Services.

20.6. Force Majeure. skintune.pro will not be held liable for any failure to comply with these Terms if such failure results from circumstances beyond skintune.pro's reasonable control.

20.7. Legal Guarantee. Under European consumer laws, users in Europe are entitled to a legal guarantee that skintune.pro's Services throughout the subscription duration are: a) in conformity with the contract, b) fit for the purpose for which they would normally be used, and c) of satisfactory quality and performance. skintune.pro hereby confirms that it complies with all of the above guarantees.

20.8. Termination. Upon termination, all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

20.9. Translations. Any translation of the English version of these Terms is provided solely for your convenience. In case of any differences between the English version and any other translation, the English version shall prevail and shall be the only legally binding version.

21. Notice and Takedown Procedures

If you believe any materials accessible on or from the Services infringe your copyright, you may request the removal of those materials (or access thereto) from the Services by contacting the Company and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a URL, copy, or the location (e.g., application page) of an authorized version of the materials.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, and e-mail address.
A statement that you have a good faith belief that the use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

22. Questions and Comments

If you have any comments or questions regarding any part of the Services or the Terms, please feel free to contact us at support@skintune.pro or via our support page at https://skintune.pro/#support.