Terms of Service
Last Updated May 16, 2022
1.
Introduction

Please read these terms of use carefully before using the services offered by TrueBeauty. These terms of use set forth the legally binding terms and conditions for your use of our websites and app.

These terms of use and conditions (hereafter referred to as “Terms”) apply between TrueBeauty Inc. (hereinafter “TrueBeauty”, “we” or “us”),  and the users (hereinafter singular “User” and plural “Users” or “you” or “your”)  for all use of our websites, www.truebeauty.ai (hereinafter “Web”), and all use of our application for mobile devices (hereinafter “App”).

By using the functionalities of TrueBeauty’s Web and/or App (hereinafter collectively called the “Platform”), you signify your agreement to these Terms and our Privacy Policy. If you do not agree with any of these, you should not use our Platform.

TrueBeauty has created a Platform that enables Users to review, read reviews on beauty and skin care products and receive products recommendations.

In order to use our Platform, the User must either sign in using a third-party application log-in, e.g. Facebook, or fill out a form and create a profile without a third-party application log-in.

When registering via our online Platform, the User provide us with certain information, including email and password. You may also provide your skin type, skin concerns, phototype, name, surname, photos of your skin, age and gender. All this information is not visible to anyone but you, and is accessible and can be changed at any time by you. When registering and signing in via third-party application login (such as Facebook), the User authorize us to access certain account information from that third-party application, such as basic profile information: name, surname, profile picture and email address. This information is not made public.

The Platform is intended for use by individuals who are at least 13 years old. If we receive notice or reasonably believe that someone under 13 years old has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.

TrueBeauty reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If TrueBeauty decides to change these Terms of Use, TrueBeauty will post a new version on the Platform and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE PLATFORM. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Platform and your participation in the Platform.

2.
Access and Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Platform or any portion of Platform, including the Web, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Platform (including images, text, page layout or form) of TrueBeauty; (c) you shall not use any metatags or other “hidden text” using TrueBeauty’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Web for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Platform in order to build a similar or competitive website, application, service or any derivative use of Platform or tis contents; (g) except as expressly stated herein, no part of Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Platform. Any future release, update or other addition to Platform shall be subject to these terms of use. TrueBeauty reserves all rights not granted in these terms of use. Any unauthorized use of the Platform terminates the licenses granted by TrueBeauty pursuant to these terms of use.

3.
Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Platform is Copyright (c) 2022 TrueBeauty Inc. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of TrueBeauty and protected by U.S. and international copyright laws. All software used on the Platform is the property of TrueBeauty or its software suppliers and is protected by U.S. and international copyright laws. Any use of materials on the Platform - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of TrueBeauty is strictly prohibited.

4.
Trademarks

TrueBeauty.ai and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TrueBeauty and may not be used in connection with any product or service that is not offered by TrueBeauty in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

5.
Product Information

All prices displayed on the Platform are quoted in U.S. Dollars and are an average. They may not represent the market price of the product itself. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TrueBeauty.All material and information presented by TrueBeauty is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through TrueBeauty are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from TrueBeauty it should be only after the legal or parental guardian has discussed the product with the minor's doctor.All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Platform is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Platform before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. TrueBeauty does not give or intend to give any answers to medical related questions and the Platform does not replace any medical professional or medical resource. TrueBeauty does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Platform. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

6.
Color Information

While TrueBeauty has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

7.
Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Platform or otherwise, including the submission of product ratings and reviews, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Platform.

8.
Your Use of Content on the Sites and Limitation of Liability

The User is aware that use of the Platform is without any responsibility for TrueBeauty, as TrueBeauty is only providing the Platform as a service to enable Users to review, read reviews and get recommendations on beauty and skin care products. TrueBeauty is a Platform provider only, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Platform. TrueBeauty cannot guarantee the accuracy, integrity or quality of such Content. Any Content, if displayed, is displayed for entertainment and informational purposes only.Under no circumstances will TrueBeauty be liable (directly or indirectly):

  • For any losses and damages resulting from communications between Users and with possible third-party vendors.
  • For any statements, representations, or Content provided by its users on the Platform or any Third Party Site.
  • For any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Platform. The preceding sentence applies to the maximum extent permitted by applicable law.

You may access the Content and any other content on the Platform only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use of any Content or enforce limitations on use of the Platform or the Content therein. You may not interfere with or disrupt the Platform, or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform, including by using any device, software or routine to bypass robot exclusion headers. TrueBeauty reserves all rights not expressly granted in and to the Content.

9.
Your Content Submissions

By submitting Content to TrueBeauty and participating in the Platform, you represent and warrant that:

  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to TrueBeauty to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Platform and these Terms of Use).
  • You understand that your Content may be utilized and distributed by TrueBeauty in its marketing materials.
  • You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on TrueBeauty’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously.
  • All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto.
  • All Content that you post is accurate.
  • You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

  • Is not false, inaccurate or misleading.
  • Does not harm minors.
  • Does not elicit or provide medical advice.
  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity.
  • Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libellous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.
  • Is relevant to the product being rated and reviewed or about which a question or answer is submitted.
  • Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers.
  • Complies in all respects with these Terms of Use and our Privacy Policy.
  • Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
  • Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
  • Does not impersonate any person or entity, including, without limitation, any TrueBeauty official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Platform to collect or store personal information about other users.

TrueBeauty does not endorse any Content or any opinion, recommendation or advice expressed therein, and TrueBeauty disclaims all liability with respect to the Content posted by third parties.If your Content includes ideas, suggestions, documents or proposals to TrueBeauty through the Platform, (a) such Content is not confidential or proprietary and TrueBeauty has no obligation of confidentiality, express or implied, with respect thereto; (b) TrueBeauty may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TrueBeauty under any circumstances unless you are otherwise notified by TrueBeauty in writing.

For any Content that you submit, you grant TrueBeauty a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your ratings and reviews or answers, with third-party brands. This license will survive the termination of these Terms of Use and your use of the Site.

10.
Third Party Content and Third Party Sites

TrueBeauty may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. TrueBeauty does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between TrueBeauty and such third party. TrueBeauty does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. TrueBeauty is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including reviews from third party users submitted to TrueBeauty through the Community, do not necessarily reflect the views of TrueBeauty. Third Party Content includes, without limitation, product reviews, ratings, questions and answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried in TrueBeauty).

11.
Mobile Services

If you access the Platform via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Platform via your mobile phone, your carrier's normal rates and fees, such as data charges, will still apply.

12.
Modification of Content

All Content that you submit is not confidential and may be used at TrueBeauty sole discretion. TrueBeauty may or may not pre-screen Content. However, TrueBeauty and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Platform. In particular, TrueBeauty and its designees will have the right to remove any Content that TrueBeauty deems, in its sole discretion, to violate provision of these Terms of Use. TrueBeauty does not guarantee that you will have any recourse through TrueBeauty to edit or delete any Content you have submitted. TrueBeauty reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Platform, TrueBeauty reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not TrueBeauty, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of TrueBeauty, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

13.
Reservation of Rights

TrueBeauty reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Platform and to block or prevent your future access to and use of the Platform. TrueBeauty may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of TrueBeauty (and its employees), its users and the public.

14.
Disclaimer of Warranties

TrueBeauty IS PROVIDING THE SITES, THEIR CONTENTS AND THE PLATFORM ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE PLATFORM, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUEBEAUTY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TrueBeauty DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PLATFORM IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

15.
Disclaimer of Liabilities

TrueBeauty WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision applies to the maximum extent permitted by applicable law.

If in extraordinary cases TrueBeauty should be liable, such liability is limited in the following ways:

  • No indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc..
  • Damages are under any circumstances limited to $100.
  • Only claims based on gross negligence or intent of TrueBeauty can be filed. TrueBeauty is never liable for errors on the Platform, or underlying software, the services or any information provided by Users. The Platform and all its functionalities are provided to the User on as “as is” basis.
16.
Maintenance and Support

The User is responsible for installing any available updates to the App. We have no responsibility for incidents due to missing updates, or otherwise.

17.
Indemnification

You agree to defend, indemnify and hold harmless TrueBeauty (and its officers, contractors, licensors, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from and against any and all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Platform; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Platform.

18.
DMCA

If you believe your work or content has been copied and posted to the Platform in a way that constitutes copyright infringement, please provide us the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the Platform.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
19.
Privacy

By submitting your email address in connection with your account, you agree that TrueBeauty may use your email address to contact you about your TrueBeauty account or Content you have submitted to the Platform, or for other administrative purposes and for any other purpose permitted or required by law. TrueBeauty‘s Privacy Policy provides further detail on the manner in which TrueBeauty may collect and use personally identifiable information about you, including any information you supply in connection with your use of this Platform.

20.
Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TrueBeauty's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

21.
English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

22.
Agreement to Arbitrate Disputes

You and TrueBeauty agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate TrueBeauty’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances TrueBeauty may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would. The arbitration, once initiated, will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.  The parties may choose to have the arbitration conducted by telephone, based on written submissions, or in person in San Francisco County or at another mutually agreed location. The arbitrator will decide the rights and liabilities, if any, of you and TrueBeauty, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.

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 Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TrueBeauty.

You may only resolve disputes with TrueBeauty on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and TrueBeauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and TrueBeauty waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

23.
Choice of Law - Forum Selection

These Terms shall be governed by and construed in accordance with the laws of Italy, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Vicenza, Italy. These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Platform shall be settled in accordance with Italian law by the City Court of Vicenza, Italy.

If you have any questions regarding your privacy, please read our privacy policy: https://www.truebeauty.ai/privacy

24.
Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by TrueBeauty, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

25.
Termination

TrueBeauty reserves the right to terminate or suspend a user access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately and without limitation. Upon termination, right to use TrueBeauty’s Platform will be revoked. Termination of Services with TrueBeauty shall not affect the enforceability of provisions of the Terms, including but not limited to, protections regarding use of TrueBeauty intellectual property, indemnity, Terms or Privacy Policy

These Terms are effective as of May 16, 2022