Terms of Service
Last updated: 2026-08-08 Effective date: 2026-08-08
1. Agreement to these terms
These Terms of Service (the "Terms") are a binding agreement between you and Olga Leletko, a private entrepreneur registered in Ukraine ("we," "us," "our," or "SkinSpace") governing your use of SkinSpace (the "App" or the "Service"), our iOS application distributed exclusively through Apple's App Store, our website at https://skinspace.app, and any related software, content, and services we make available.
Please read these Terms carefully. They include important provisions about how disputes between us are resolved — in particular, Section 21 requires most disputes to be resolved by binding individual arbitration and Section 22 waives your right to participate in class actions and jury trials. You can opt out of the arbitration agreement within 30 days of first accepting these Terms — see Section 23.
By creating an account, downloading, installing, accessing, or using the Service, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not use the Service.
Where applicable law requires your express consent for a specific kind of processing or feature, we ask for that consent separately and you can withdraw it at any time. If you are agreeing on behalf of an organisation, you represent that you have the authority to bind that organisation, and "you" refers to both you individually and the organisation.
2. Who we are
These Terms are an agreement between you and:
Olga Leletko Private entrepreneur registered in Ukraine
You can reach us at support@skinspace.app for any question, complaint, or legal notice regarding these Terms — this is also our support and privacy-request contact.
For privacy matters, see our Privacy Policy.
3. Eligibility and account
3.1 Eligibility
You must be at least 13 years old to use the Service. If you are between 13 and 18, you may use the Service only with your parent or guardian's consent and supervision. By accepting these Terms, you represent that you meet this minimum age, that you are not barred from using the Service under the laws of any jurisdiction that applies to you, and that you are not on any U.S. government list of prohibited or restricted parties.
If you are in the European Economic Area, note that the age of digital consent for certain kinds of data processing varies by member state (13 to 16). Where a stricter local age applies to you, that age controls for consent to those specific processing activities, without affecting your ability to use the Service under this Section 3.1.
Note on this threshold (flagged for confirmation before launch): 13+ is the default used here because SkinSpace's onboarding intentionally includes an "Under 18" age bracket (the product supports teen acne use cases), so an 18+ gate would contradict the product itself. Confirm this age floor — and the parental-consent mechanics that follow from it — before shipping. See
TERMS-CHECKLIST.md.
3.2 Account creation
The Service does not require an account to browse general information or complete onboarding, but an account is required to use the Service's core features — you will be asked to create one before your first product check or, if you purchase SkinSpace Premium first, immediately after your purchase (your purchase is then linked to your new account). You can create an account with Sign in with Apple, Sign in with Google, or email and password, and you will need to verify your email address. You agree to:
- Provide accurate, current, and complete information
- Keep your account information up to date
- Keep your password (or other authentication credentials) confidential
- Be responsible for all activity that occurs under your account
- Notify us immediately at support@skinspace.app of any unauthorised access
We may suspend or terminate your account if any information you provide is inaccurate, incomplete, or violates these Terms.
3.3 Account deletion
You can delete your account at any time from within the app (Profile → Delete Account). Deletion removes your account, profile, avatar, saved shelf, and associated purchase-entitlement records from our systems, subject to the retention described in our Privacy Policy.
4. Not medical advice — read this before you rely on anything in the app
SkinSpace is not a medical device, and it does not provide medical advice, diagnosis, or treatment.
SkinSpace scans a cosmetic product's label — never your face or your skin — and shows you an ingredient safety score and summary based on published ingredient safety data and research, such as hazard classifications and safety assessments. Every score, flag, and summary in the app describes the ingredients, not you. Scores and flags are based on published ingredient safety data and research — not on you or your skin specifically. SkinSpace does not know your skin type, your medical history, your allergies, or how a product will affect you personally.
For allergies, pregnancy, a skin condition, or any health concern, talk to a doctor, pharmacist, or dermatologist. Do not use SkinSpace, or any information in it, as a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you read in the app.
You are solely responsible for:
- Patch-testing any new product before regular use
- Reviewing the full ingredient list on the product's actual packaging
- Deciding whether a product is right for you, including if you are pregnant, nursing, have a diagnosed skin condition, or have known allergies
- Seeking prompt medical attention if you experience any adverse reaction
We disclaim all liability arising from your use of, or reliance on, any score, flag, summary, or other content in the Service for a personal health decision. See also Section 10 (AI-generated summaries) and Section 16 (general disclaimers).
5. License to use the Service
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal use.
For the iOS app installed from Apple's App Store, this licence is also subject to the Usage Rules in the Apple Media Services Terms and Conditions and to the additional terms in Section 26.
You may not:
- Copy, modify, distribute, sell, lease, lend, or sublicense any part of the Service
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code, except to the extent applicable law permits
- Use any robot, spider, scraper, or other automated means to access the Service except as expressly permitted by us in writing
- Bypass, disable, or otherwise interfere with any security, authentication, or rate-limiting feature of the Service, including any feature that enforces the monthly product-check allowance described in Section 8
- Use the Service to build a competing product or to copy any features, functions, or graphics of the Service
- Remove, alter, or obscure any proprietary notices on the Service
- Use the Service in any way prohibited by applicable law (including U.S. export controls — see Section 30)
This licence terminates automatically if you violate these Terms or if we terminate your access (see Section 15).
6. Acceptable use
You agree not to use the Service to:
- Violate any law, regulation, or third-party right
- Infringe any patent, trademark, copyright, trade secret, or other intellectual-property right
- Harass, threaten, defame, or stalk any person
- Upload or transmit any virus, malware, trojan, ransomware, or other malicious code
- Attempt to gain unauthorised access to any account, computer system, or network
- Submit false, fraudulent, or misleading product requests, or otherwise attempt to corrupt our ingredient database
- Send unsolicited bulk communications, spam, or chain letters through any part of the Service
- Misrepresent your identity or affiliation
- Use any AI feature in ways prohibited by Section 10.5
We may investigate and respond to suspected violations and may report violations to law enforcement.
7. Your content and product requests
SkinSpace does not have a public social feed, comments, or any feature that lets you post content for other users to see. The only content you provide is:
- An optional profile display name and avatar photo, visible only to you within your own account
- Your saved shelf — a private list of products you've checked or bookmarked
- Product requests — when a product isn't in our database, you can submit a request; this includes the product title extracted from the label on your device, and, if this feature is enabled in your version of the app, the label photo itself. We use this information to research and add the product to our shared ingredient database.
None of this content is shared publicly, posted to other users, or made visible outside your own account, except that a product request (extracted product text and, where applicable, the label photo) may be reviewed by us and used to expand the shared, non-personal product database available to all users — the request itself is not attributed to you and is not displayed to other users. You grant us a worldwide, non-exclusive, royalty-free licence to store, process, and use your avatar, shelf data, and product-request content solely to operate, maintain, and improve the Service. You retain ownership of anything you upload.
You represent that anything you submit (including an avatar photo or a label photo submitted with a product request) is either yours to submit or something you have the right to submit, and does not infringe any third party's rights.
Because SkinSpace has no public user-generated content feature, we do not operate a DMCA notice-and-takedown process or a Digital Services Act notice-and-action mechanism — there is no user-posted public content for either regime to apply to. If you believe any product database entry itself infringes your rights, contact us at support@skinspace.app.
8. Subscriptions, billing, and cancellation
8.1 Subscription plans
We offer SkinSpace Premium, a single paid subscription tier, in three billing options: weekly, monthly, and yearly. Each plan renews automatically at the end of its billing cycle.
Prices vary by country or region. The current price of each plan is shown in the app, on the purchase screen, and in Apple's payment sheet before you confirm any purchase. Prices are billed in the currency displayed at purchase and are exclusive of applicable taxes unless stated otherwise.
SkinSpace does not offer a free trial. Purchase of any plan is immediate, and your payment method is charged at the time of purchase.
8.2 What's included — allowance language
SkinSpace's free tier includes a limited monthly allowance of product checks. SkinSpace Premium includes an increased monthly allowance of product checks. The current allowances for each tier are shown in the app and on the purchase screen, and we do not restate the specific numbers here because allowances may change over time as described below.
We may adjust the free-tier or Premium allowance from time to time, with notice through the app or by email. If you are an existing paying subscriber, we will not reduce your plan's monthly allowance mid-term without giving you the right to cancel your subscription before the reduced allowance takes effect. Any increase to your allowance takes effect immediately and requires no action from you.
8.3 Auto-renewal disclosure (clear and conspicuous)
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle (weekly, monthly, or yearly, depending on your plan) until you cancel. Apple will automatically charge the payment method on file with your Apple ID at the then-current price, at the start of each new billing cycle.
By starting a subscription, you give Apple and us express affirmative consent to charge you for the subscription on a recurring basis until you cancel. You can review the price, billing cycle, and renewal terms before purchase, and at any time in Settings → [your name] → Subscriptions on your device, or in Profile → Manage Subscription within the app.
8.4 How to cancel
You can cancel at any time. Cancellation takes effect at the end of the then-current billing cycle, and you keep access to Premium features until that date. We do not pro-rate for partial cycles.
Because SkinSpace Premium is sold exclusively through Apple's In-App Purchase system, you cancel the same way you subscribed — through Apple:
- iOS Settings → [your name] → Subscriptions → SkinSpace, or by following Apple's cancellation instructions
- Or, within the app: Profile → Manage Subscription, which opens the same Apple subscription-management screen
We do not have a separate email- or web-based cancellation process, because there is no separate signup path outside Apple's In-App Purchase system to mirror.
8.5 Renewal reminders
Apple, as the merchant of record for all purchases, sends purchase receipts and subscription renewal reminders in accordance with its App Store policies. You can review your renewal date, price, and billing cycle at any time in Settings → [your name] → Subscriptions on your device, or in Profile → Manage Subscription within the app.
8.6 Price changes
If we change the price of your subscription, we will notify you (and, where applicable, Apple will separately notify you as required by its own subscription rules) at least 30 days before the change takes effect. If you do not consent to the new price, you may cancel before it takes effect and you will not be charged the new price.
8.7 Failed payments
Payment for SkinSpace Premium is processed entirely through Apple; if Apple is unable to charge your payment method, Apple's own retry and grace-period rules apply, and your access to Premium features may be suspended until payment succeeds.
8.8 Taxes
You are responsible for any taxes that apply to your subscription, except for taxes on our net income. For purchases made through Apple's App Store, Apple collects and remits applicable taxes at checkout.
8.9 Apple is the merchant of record
For all SkinSpace Premium subscriptions, Apple's App Store — not us — is the merchant of record. Apple's own terms govern the billing relationship, refunds, taxes, and payment-dispute resolution for your purchase. See https://www.apple.com/legal/internet-services/itunes/.
9. Refunds
All purchases of SkinSpace Premium are made through Apple's App Store, and Apple is the merchant of record for every purchase, in every region. Refunds — including any refund request based on dissatisfaction, accidental purchase, or a legal right of withdrawal — are handled exclusively by Apple, not by us, regardless of where you are located.
To request a refund, use Apple's refund-request tool:
We do not process refunds directly, and we do not make any refund promises beyond directing you to Apple. If Apple grants or denies your refund request, that decision is governed by Apple's own policies and applicable law as administered by Apple, not by a separate promise from us.
10. AI features and outputs
10.1 What our AI features do
SkinSpace uses AI in limited, server-side ways, operating only on public information about products and ingredients — never on your personal data, your prompts, or your photos:
- Building the product database — automated tools help us research publicly available product information and add products and their ingredient lists to our shared database.
- Written summaries — an AI model turns a product's already-computed ingredient safety score and its supporting data into the plain-English summary you read in the app.
The AI never computes or influences the underlying safety score itself. Scores are produced separately, from published ingredient safety data and research. SkinSpace has no chat feature, and we do not send your prompts, messages, photos, or any of your personal information to any AI model.
10.2 Ownership
The Service, the underlying models, our ingredient database, and any improvements to the Service are owned by us or our licensors (see Section 12). Because our AI features process public product information rather than content you create, there are no user "Inputs" or "Outputs" to assign ownership over in the way a chat or generation tool would have.
10.3 Your data is not used to train AI models
We do not use your personal data — including your onboarding answers, scan history, shelf, or account information — to train any AI model, ours or a third party's. Our AI tools only process public product information to build the ingredient database and to generate summaries of already-computed scores.
10.4 Accuracy disclaimer
AI-GENERATED SUMMARIES MAY BE WRONG, INCOMPLETE, OR WORDED IN A WAY THAT DOESN'T FULLY REFLECT THE UNDERLYING DATA. Generative AI systems can produce hallucinations — text that sounds plausible but is inaccurate. The underlying safety score is computed separately from published data, but the AI-written summary that explains it may occasionally contain errors, omissions, or imprecise language. Always check the product's full ingredient list on its actual packaging, and do not treat any AI-generated summary as a substitute for professional advice — see Section 4.
We make no warranty that any AI-generated summary is accurate, complete, current, or free from error. See Section 16.
10.5 Prohibited uses of AI features
You must not attempt to:
- Use SkinSpace's AI-assisted database or summaries to make medical, allergy, or safety decisions without independent verification and, where relevant, professional advice
- Extract, scrape, or reverse-engineer our AI pipeline, ingredient database, or scoring methodology
- Submit fraudulent or manipulated product information intended to distort AI-assisted extraction or summaries
- Use any output from the Service to train a competing product or model
10.6 Our right to limit use
We may impose rate limits, content filters, and other technical restrictions on AI-assisted features at any time, including suspending access for users who violate this Section 10.
11. Third-party services
The Service integrates with the following categories of third-party services, each of which processes data as described in our Privacy Policy:
- Our backend platform provider (a specialized service provider bound by contract to process data only on our instructions) — database, authentication, and file storage
- Our subscription-management provider — subscription and entitlement management
- Our product-analytics provider — product analytics
- Our email delivery provider — transactional and lifecycle email
- Our attribution and marketing-measurement provider — measurement of our advertising campaigns (receives device and app-install information, subscription/purchase events, and campaign interaction data — never your onboarding quiz answers, scan history, or shelf; see the Privacy Policy for the full disclosure and your opt-out rights)
- Apple — App Store distribution, sign-in, and payment processing (Apple acts as an independent party, not our processor, for payment and account purposes)
- Our website-hosting provider — website hosting
- Public data sources and AI infrastructure used solely to build and describe our ingredient database, without processing your personal data
Third-party services are governed by their own terms and privacy policies. We are not responsible for, and do not endorse, any third-party service. Your use of a third-party service is at your own risk. If you have a dispute with a third-party provider, your recourse is against that provider, not us.
12. Intellectual property
12.1 Our intellectual property
The Service — including all software, code, designs, text, graphics, logos, the ingredient database, scoring methodology, interfaces, and "look and feel" — is owned by us or our licensors and is protected by U.S. and international copyright, trademark, trade secret, patent, and other intellectual-property laws. All rights not expressly granted in these Terms are reserved.
"SkinSpace" and our logos are trademarks of Olga Leletko (operating as SkinSpace). You may not use them without our prior written permission. Other trademarks displayed in the Service are the property of their respective owners.
12.2 Open-source components
The Service includes open-source software components governed by their own licences. Notice of the open-source components and their licences is available on request.
13. Feedback
If you send us feedback, suggestions, ideas, or proposals about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable licence to use, modify, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you. You waive any moral rights you have in the Feedback to the maximum extent permitted by law.
14. Privacy
Our Privacy Policy describes how we collect, use, share, and protect your information, including your onboarding preferences, scan activity, and account data. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
As part of using SkinSpace, you will be asked to acknowledge our "not medical advice" disclaimer (see Section 4) alongside your acceptance of these Terms and the Privacy Policy. We keep a timestamped record of your acceptance and its version, for both the Terms and the disclaimer.
15. Suspension and termination
15.1 By you
You may stop using the Service and delete your account at any time as described in Section 3.3.
15.2 By us
We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe that:
- You have violated these Terms or any other agreement with us
- Your use of the Service creates legal, security, or operational risk for us, our users, or third parties
- We are required to do so by law or by a binding order from a court or regulator
- We have stopped providing the Service in your jurisdiction or generally
We will provide notice of suspension or termination where practical and where doing so is not prohibited by law.
15.3 Effect of termination
When your account is terminated:
- Your right to use the Service ends immediately
- We will delete or anonymise your personal information as described in our Privacy Policy
- Sections of these Terms that by their nature should survive termination (including ownership provisions, disclaimers, indemnities, limitations of liability, and dispute resolution) will survive
We are not liable to you for any termination of your access, except as expressly stated in these Terms.
16. Disclaimers and warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INGREDIENT SCORE, FLAG, OR AI-GENERATED SUMMARY IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE, AND — AS EXPLAINED IN SECTION 4 — NOTHING IN THE SERVICE IS MEDICAL ADVICE.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent applicable law (including the Magnuson-Moss Warranty Act, the EU Consumer Sales Directive, and the consumer-rights statutes of the UK, Australia, Canada, and other jurisdictions) provides warranties that cannot be disclaimed, those warranties apply.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(A) IN NO EVENT WILL OLGA LELETKO (OPERATING AS SKINSPACE), ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS (US$100).
(C) THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Carve-outs. Nothing in these Terms limits or excludes liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot be limited or excluded under applicable law. If you are a consumer resident in the EEA, UK, or another jurisdiction where consumer-law limits cannot be contracted away, the limits above apply only to the extent permitted by your local law.
18. Indemnification
You will indemnify, defend, and hold harmless Olga Leletko (operating as SkinSpace), its affiliates, and its officers, directors, employees, and agents from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service in violation of these Terms or applicable law
- Content you submit (including an avatar photo or a product request)
- Your violation of any third party's rights
- Your breach of any representation or warranty in these Terms
We will promptly notify you of any claim subject to this Section 18. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without relieving you of your indemnification obligations), in which case you agree to cooperate with our defence. If we do not assume the defence, you may control it, provided that any settlement that imposes a non-monetary obligation on us, or does not fully release us, requires our prior written consent.
19. Governing law
These Terms are governed by the laws of Ukraine, without regard to its conflict-of-laws principles, and (where applicable) by U.S. federal law, including the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, this choice-of-law clause does not deprive you of the protections of the mandatory consumer-protection laws of your country of residence — see Section 27.
20. Dispute resolution: informal resolution
Before either of us starts arbitration, small-claims court, or any other formal proceeding, we will try to resolve the dispute informally. You agree to send an "Initial Dispute Notice" to support@skinspace.app describing the dispute, the relief you want, and the email address associated with your account. The Parties agree to negotiate the dispute informally, in good faith, for at least thirty (30) days, beginning when either Party sends written notice to the other.
If the dispute is not resolved within that period, either of us may commence arbitration (see Section 21) or, where permitted, small-claims court. All statutes of limitation are tolled during the informal-resolution period.
If a party commences arbitration without first attempting informal resolution in good faith, the arbitrator (or a court of competent jurisdiction) may, on request by the other party, stay the arbitration until informal resolution is complete.
21. Dispute resolution: binding individual arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
21.1 Agreement to arbitrate
Except as set out in Section 21.3 below, any dispute, claim, or controversy arising out of or relating to (i) these Terms, (ii) the Service, (iii) any product or feature of the Service, or (iv) the relationship between us — including the validity, scope, or enforceability of this arbitration agreement itself ("Dispute") — will be resolved by one arbitrator, chosen in accordance with the rules of the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry in force at the time the arbitration is filed (adoption of this clause constitutes acceptance of those rules). The seat of arbitration shall be Kyiv, Ukraine. The language of the proceedings shall be English. The substantive law applied shall be the law of Ukraine.
Where applicable, this agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and applies to the maximum extent permitted by law. If the ICAC is unavailable to administer the arbitration consistent with these Terms, the parties will jointly select an alternative reputable consumer-arbitration provider.
21.2 Individual arbitration only
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class, collective, or consolidated basis; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons. See also Section 22.
21.3 Carve-outs
The following are not subject to mandatory arbitration:
- Small-claims actions. Either party may bring a claim in small-claims court if it qualifies for that court's jurisdiction.
- Intellectual-property, theft, or unauthorised-use disputes. Any dispute seeking to enforce or protect, or concerning the validity of, either Party's intellectual-property rights, or arising from allegations of theft, piracy, invasion of privacy, or unauthorised use.
- Injunctive relief. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction, including to protect intellectual property or confidential information.
- Public-injunctive relief (California). Nothing in this Section limits your right to seek public-injunctive relief under California law (McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)). If a court finds that claim cannot be arbitrated, it will be severed and heard in a court of competent jurisdiction; the remainder of the Dispute proceeds in arbitration.
- EEA, UK, and Swiss consumers. If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, you are not bound by this arbitration agreement. Your disputes will be heard in the courts of your country of residence, and the mandatory consumer-protection laws of that country apply and are not displaced by this Section. This carve-out exists because pre-dispute mandatory consumer arbitration is generally unenforceable in these jurisdictions; see Section 27.
- Sexual-assault and sexual-harassment claims may be brought in court at the claimant's election, as provided by 9 U.S.C. §§ 401–402.
If any of the above carve-outs is found illegal or unenforceable as applied, neither Party will elect to arbitrate the Dispute falling within that carve-out; it will instead be decided by a court of competent jurisdiction, and the Parties agree to submit to that court's personal jurisdiction. This does not affect the enforceability of the arbitration agreement as to any other Dispute.
21.4 Fees
We will pay the arbitration filing fees and the arbitrator's fees and expenses to the extent the ICAC's rules require us to do so. Each party otherwise pays its own attorneys' fees and costs, except as otherwise provided by applicable law or the arbitrator.
21.5 Confidentiality
Arbitration proceedings will be confidential except as necessary to enforce or challenge an award.
22. Class-action waiver and jury-trial waiver
YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN OUR INDIVIDUAL CAPACITIES, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.
The arbitrator may not consolidate the claims of more than one person, and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable as to a particular claim or relief, then the remainder of the arbitration agreement remains in effect, and that particular claim or relief will be severed and proceed instead in an individual capacity in a court of competent jurisdiction — not as a class arbitration.
TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.
23. 30-day opt-out of arbitration
You have the right to opt out of the arbitration agreement in Section 21 and the class-action waiver in Section 22.
To opt out, send a written notice by email within 30 days after you first accept these Terms to:
Email: support@skinspace.app (subject: "Arbitration Opt-Out")
The notice must include your full name, the email address associated with your account (or other identifying information that lets us match the notice to your account), and a clear statement that you want to opt out of the arbitration agreement.
If you opt out, neither party will be bound by the arbitration agreement or the class-action waiver in this Section for the Dispute in question. Opting out has no other effect on your relationship with us.
24. Changes to these terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. For material changes — including changes to dispute resolution, subscription fees, key user rights, or other terms we consider material in our reasonable judgement — we will notify you by:
- Email to the address associated with your account (where available)
- An in-product banner or notice when you next use the Service
- Posting a notice at https://skinspace.app/terms
Material changes take effect at least 30 days after we notify you, unless an earlier effective date is required by law. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to a material change, you can stop using the Service and delete your account.
For changes to the price of a subscription, see Section 8.6.
25. General
Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed); the remainder of these Terms remain in full force. The unenforceability of the class-action waiver in any particular case does not invalidate the rest of the arbitration agreement.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Entire agreement. These Terms, together with our Privacy Policy, form the entire agreement between us regarding the Service and supersede any prior or contemporaneous communications.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent; any attempted assignment in violation is void. We may assign these Terms (in whole or in part) to any of our affiliates or successors in connection with a merger, acquisition, financing, reorganisation, sale of assets, or by operation of law, on notice to you.
No third-party beneficiaries. Except for Apple's third-party-beneficiary status in Section 26, these Terms do not give any rights to any third party.
Notices to you. We may give you notice by email (to the address associated with your account), by posting on the Service, or by any other reasonable means.
Notices to us. Legal notices to us must be sent to support@skinspace.app.
Electronic communications. You consent to receive communications from us electronically. You agree that any contractual notices, agreements, disclosures, or other communications we send electronically satisfy any legal requirement that they be in writing, subject to applicable law (including ESIGN and UETA in the U.S.).
Force majeure. Neither party is liable for any failure or delay in performance due to causes outside its reasonable control (including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network outages, supplier failure, or pandemic).
Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between us.
Headings. Headings are for convenience only and do not affect interpretation.
26. Apple-specific terms (iOS)
This Section applies to the version of the Service you download from Apple's App Store. The terms in this Section are required by Apple's Schedule 1 / Minimum Terms of Developer's End-User Licence Agreement. If anything in this Section conflicts with any other part of these Terms, this Section controls for the relationship between you and Apple regarding the App Store version of the Service.
26.1 Acknowledgement
You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App Store version of SkinSpace (the "Licensed Application") and its content. These Terms do not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions in effect when you download the Licensed Application.
26.2 Scope of licence
The licence we grant you for the Licensed Application is a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Licensed Application may also be accessed and used by other accounts associated with you via Family Sharing.
26.3 Maintenance and support
We, not Apple, are solely responsible for providing any maintenance and support services with respect to the Licensed Application as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
26.4 Warranty
We, not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
26.5 Product claims
We, not Apple, are responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession or use of it, including (i) product-liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including claims related to any Apple frameworks used by the app.
26.6 Intellectual-property rights
In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
26.7 Legal compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
26.8 Developer name and address
For Apple's Minimum Terms purposes, our contact information is:
Olga Leletko (operating as SkinSpace) Private entrepreneur registered in Ukraine Email: support@skinspace.app
26.9 Third-party terms of agreement
You must comply with any applicable third-party terms when using the Licensed Application (for example, your wireless carrier's data-service agreement).
26.10 Third-party beneficiary
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
27. Notice to California users
If you are a California resident, you have the following additional rights:
- California Civil Code § 1789.3 — you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- California Automatic Renewal Law — for our auto-renewal disclosures and your cancellation right, see Section 8.
- Public-injunctive relief (McGill v. Citibank) — see Section 21.3.
28. Notice to EEA, UK, and Swiss users
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland:
- The mandatory consumer-protection laws of your country of residence apply alongside (and prevail over) any inconsistent provision of these Terms.
- You are not bound by the arbitration agreement in Section 21. Disputes will be heard in the courts of your country of residence, applying the law of your country of residence — see Section 21.3.
- Refunds and any statutory right of withdrawal for your purchase are administered by Apple, as the merchant of record for all SkinSpace Premium subscriptions — see Section 9. We do not separately administer withdrawal-right or refund mechanics as the seller of record, because we are not the seller of record for these purchases.
- Out-of-court dispute resolution. EU consumers can use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in such proceedings but we may.
- Notice of changes. We will notify you of material changes to these Terms at least 30 days in advance, and you can reject the change by ending your use of the Service before the effective date.
29. Notice to other jurisdictions
Canada (including Quebec). The Consumer Protection Acts of your province apply. Quebec's Consumer Protection Act generally renders pre-dispute mandatory consumer arbitration unenforceable; if you are a Quebec consumer, the EEA/UK/Swiss carve-out in Section 21.3 applies to you in the same way, and your disputes may be heard in the courts of Quebec under Quebec law.
Australia. The Australian Consumer Law (Sched. 2 to the Competition and Consumer Act 2010 (Cth)) applies. To the extent that consumer guarantees under the ACL apply and cannot be excluded, nothing in these Terms is intended to exclude, restrict, or modify those guarantees. Where the ACL allows us to limit liability for failure of a non-major consumer guarantee, we limit liability to (at our option) re-supply of the service, payment of the cost of re-supply, or refund.
Brazil. The Code of Consumer Defense (Lei nº 8.078/1990) applies.
India. The Consumer Protection Act, 2019 applies.
New Zealand. The Consumer Guarantees Act 1993 applies if you are a consumer.
All other jurisdictions. If you are a consumer in a jurisdiction not listed above, nothing in these Terms is intended to override any mandatory consumer-protection law of your country of residence that cannot lawfully be waived or displaced by contract.
30. Export controls and government end users
You may not use, export, or re-export the Service in violation of U.S. or other applicable export-control laws and regulations, including the U.S. Export Administration Regulations (EAR) and sanctions administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). You represent and warrant that (i) you are not located in, and you will not use the Service from, a country subject to a comprehensive U.S. embargo, and (ii) you are not on any U.S. Government list of prohibited or restricted parties (including the SDN List, Denied Persons List, or Entity List).
Government end users. The Service is a "commercial item" as defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation." Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Service with only those rights set out in these Terms.
31. Contact us
For any legal question, dispute notice, or other communication regarding these Terms:
- Email: support@skinspace.app
- Arbitration opt-out: see Section 23
32. Legal disclaimer
These Terms of Service were prepared with reference to the requirements of the Apple Developer Program Licence Agreement and the Minimum Terms of Developer's End-User Licence Agreement (Schedule 1), Apple App Store Review Guideline 3.1.2 (auto-renewal), the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.), the federal Restore Online Shoppers' Confidence Act (15 U.S.C. §§ 8401 et seq.), the California Automatic Renewal Law as amended by AB-2863 (effective July 1, 2025), the New York Auto-Renewal Law (GBL § 527-a, as amended by S-3008), the auto-renewal laws of other US states, the EU Consumer Rights Directive (2011/83/EU), the EU Unfair Terms Directive (93/13/EEC), the UK Consumer Rights Act 2015, the EU AI Act (Regulation 2024/1689), and other applicable consumer-protection and platform-liability laws.
