1. Agreement to Terms

By accessing or using ShadePreview ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years of age, or if you are under 18, that you have obtained parental or guardian consent to use the Service.

2. Service Description

ShadePreview is an AI-powered digital service that provides virtual makeup previews and cosmetic shade recommendations. Our Service may include:

• AI-based face and feature analysis using uploaded photos
• Personal color and palette recommendations (where available)
• Cosmetic product and shade suggestions
• Virtual try-on previews (e.g., lipstick, blush, and other cosmetics)
• Downloadable and shareable digital results

Important Disclaimer: The Service is provided for informational and entertainment purposes only. AI-generated recommendations and previews are suggestions based on algorithmic analysis and should not be considered professional makeup advice, medical advice, or dermatological assessment. Results may vary based on photo quality, lighting, device differences, and other factors.

3. User Eligibility and Registration

Our Service does not require account registration. However, by using the Service, you represent and agree that:

• You are at least 18 years old, or have parental/guardian consent if under 18
• You will provide accurate and complete information when requested
• You will use the Service only for lawful purposes
• You will not attempt to circumvent any security features of the Service
• You will not use the Service in any way that could damage or impair the Service
• You have the legal capacity to enter into this agreement

4. User Content and Uploads

4.1 Photo Uploads

By uploading photos to our Service, you represent and warrant that:

• You own the photo or have the necessary rights and permissions to upload it
• The photo is of yourself, or you have explicit consent from the person depicted
• The photo does not contain inappropriate, offensive, or illegal content
• The photo does not infringe on any third-party intellectual property rights
• You have all necessary rights to grant us the license described below

4.2 Prohibited Content

You agree not to upload content that:

• Contains nudity, sexually explicit material, or inappropriate content
• Depicts minors without appropriate parental consent
• Violates any applicable laws, regulations, or third-party rights
• Contains malware, viruses, or other harmful code
• Is defamatory, harassing, threatening, or promotes violence
• Impersonates another person or misrepresents your identity

4.3 License Grant

By uploading content, you grant SNN a limited, non-exclusive, worldwide, royalty-free license to process your content solely for the purpose of providing the Service. We do not claim ownership of your content and do not use it for any purpose other than delivering the requested service. This license terminates when your content is deleted from our systems.

5. Payment Terms

5.1 Pricing

• Service fee: $3.99 USD per consultation
• All prices are in US Dollars and include applicable processing fees
• Prices are subject to change with reasonable notice
• Applicable taxes may be added based on your jurisdiction

5.2 Payment Processing

Payments are processed securely through Polar (polar.sh), our third-party payment processor. By making a purchase, you also agree to Polar's Terms of Service and Privacy Policy. We do not store your full payment card details on our servers.

5.3 Billing and Receipts

Payment is required before receiving analysis results. You will receive a digital receipt via email from Polar upon successful payment. Please retain this receipt for your records.

5.4 Currency

All transactions are processed in US Dollars (USD). If your payment method uses a different currency, your bank or payment provider may apply currency conversion fees.

6. Service Delivery

Upon successful payment verification, AI analysis will begin automatically. Results are typically generated within 1-3 minutes. Digital delivery is considered complete when results are displayed in your browser.

Due to the instantaneous digital nature of the service and the immediate consumption of computational resources, delivery cannot be "returned" once processing begins. This is consistent with digital content delivery practices and applicable consumer protection laws regarding digital goods.

7. Refunds

Our comprehensive refund policy is detailed in our separate Refund Policy. Key points include:

• Automatic full refunds are provided for technical failures that prevent service delivery
• Refunds for successfully delivered services are limited due to the digital nature of the product
• Refund requests must be made within 14 days of purchase (30 days for EU consumers)
• EU consumers have specific rights under the Consumer Rights Directive

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, software, algorithms, and underlying technology, is owned by SNN and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Rights to Generated Content

You retain ownership of any photos you upload. The AI-generated results and recommendations provided to you are licensed for your personal, non-commercial use. You may save, download, print, and share your results for personal purposes.

8.3 Restrictions

You may not:

• Reproduce, modify, distribute, or create derivative works of the Service
• Reverse engineer, decompile, or attempt to extract the source code
• Use the Service or its outputs for commercial purposes without written authorization
• Remove any copyright, trademark, or proprietary notices
• Use automated systems to access the Service (scraping, bots, etc.)
• Resell or redistribute the Service or access to it

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains in detail how we collect, use, protect, and handle your personal information, including compliance with GDPR, CCPA, and other applicable data protection regulations.

By using the Service, you consent to our privacy practices as described in the Privacy Policy. If you do not agree with our privacy practices, please do not use the Service.

10. Disclaimers and Warranties

10.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantees

We do not warrant or guarantee that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The AI-generated results will be accurate, reliable, complete, or satisfactory
• Any errors or defects in the Service will be corrected
• The Service is free of viruses or other harmful components

10.3 AI Technology Limitations

AI technology has inherent limitations. Results are algorithmically generated based on pattern recognition and may not accurately reflect professional advice. Factors such as photo quality, lighting, angle, and resolution can significantly affect results. The Service should not be used as a substitute for professional consultation when needed.

10.4 Not Professional Advice

The Service does not provide medical, psychological, dermatological, or professional makeup advice. Always consult appropriate professionals for health-related or professional decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or use of (or inability to use) the Service
• Damages resulting from any conduct or content of any third party
• Damages resulting from unauthorized access, use, or alteration of your content
• Any other damages arising from your use of the Service

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

12. Indemnification

You agree to defend, indemnify, and hold harmless SNN and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney's fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights, including intellectual property rights
• Any content you upload or submit to the Service
• Your violation of any applicable laws or regulations

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in courts of competent jurisdiction, as permitted by applicable law.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.4 EU Consumer Rights

If you are a consumer in the European Union, you retain any mandatory consumer protection rights under the laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/

14. International Users

The Service is intended for users worldwide. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws to the extent applicable. By using the Service, you consent to the transfer and processing of your information in the United States and other countries, which may have different data protection rules.

SNN makes no representation that the Service is appropriate or available for use in all locations. Access to the Service from territories where its contents are illegal is prohibited.

15. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. For material changes, we will provide at least 30 days' notice before the new terms take effect. Notice may be provided by posting the updated Terms on our website or through other reasonable means.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the new terms, you must stop using the Service.

16. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

17. General Provisions

17.1 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, will be severed. The remaining provisions will continue in full force and effect.

17.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

17.3 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. SNN may assign its rights and obligations under these Terms without restriction.

17.4 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SNN regarding the Service and supersede all prior agreements, representations, and understandings.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

18. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, please contact us through our website or the support channels provided. We will make reasonable efforts to address your concerns promptly.