1. Introduction
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Deplike (“we”, “us” or “our”), concerning your access to and use of the dert.ai mobile application (hereinafter, the “App”).
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you use the App.
It is important that you read and understand this Agreement as by using the App you indicate that you have read, understood, agreed and accepted the Agreement. By using the App you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access and/or use the App and you must promptly discontinue accessing and/or using the App.
2. Changes to This Agreement
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
3. Restrictions on Who Can Use the App
In order to access and/or use the App, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any access and/or use of the App by minors.
Any person under the age of thirteen (13) years is not permitted to access and/or use the App.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
4. General Terms
The App is developed for general information and promotional purposes.
The App is intended only for your personal non-commercial use. You agree not to use the App for any illegal, inappropriate or unauthorized purpose or activity.
5. Privacy Policy
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and/or use of the Services available via the App are subject to the Privacy Policy. By accessing the App and/or by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and/or Services. Please read our Privacy Policy carefully [CLICK HERE].
6. End User License Agreement
By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, graphic design, user interface, look and feel of the App, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).
You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures available on the App.
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Deplike and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
7. Prohibited Behaviour
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the way you use the App.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
8. Availability of the App, Security and Accuracy
In order to use the App, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free.
You acknowledge that the App is provided via the Internet and mobile networks, therefore, the quality and availability of the App may be affected by factors outside our reasonable control.
We may add new features to the App, change, update, upgrade, modify it or anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
If you decide not to use the App for any reason you should stop access to the App.
9. Charges
Subscriptions to Premium options of the dert.ai App may be offered from time to time within the App. All subscriptions to the Premium options may only be purchased within the App and are governed by the in-app purchase terms, along with the applicable terms of the platform through which you downloaded the App (e.g., Apple App Store or Google Play Store).
10. Third Party Websites and Resources
The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
11. Safe Choice Mark. Disclaimer
For certain cosmetic products, we may display a “Safe Choice” mark (the “Safe Choice” mark). This “Safe Choice” mark is assigned to products that receive a score between 95 and 100 points based on our internal scoring method, which evaluates the product ingredient backed by the latest scientific studies from recognized scientific and regulatory bodies. These ingredient-level assessments are aggregated by the dert.ai’s unique AI-powered algorithm, which weighs hazard profiles and assigns an overall product safety score, provided for informational purposes only. Please, follow our App for more information regarding the “Safe Choice” mark.
The presence of the “Safe Choice” mark on any product is intended solely to provide general, ingredient-based information reflecting population-level risk and does not account for individual sensitivities or rare reactions, it must not be relied upon as a guarantee of safety, compatibility, or outcome for any individual user.
The “Safe Choice” mark does not reflect, replace, or substitute the advice, opinion, or services of a licensed cosmetologist, dermatologist, physician, or other qualified healthcare professional. You should always seek professional advice prior to using any cosmetic product, particularly if you have concerns regarding potential reactions, sensitivities, allergies, medical conditions, or individual suitability.
Please note that we do not assess brands, manufacturers, distributors, or products as a whole and do not intend to praise, promote, criticize, or discredit any brand or company. The display or absence of a “Safe Choice” mark should not be interpreted as a value judgment regarding a product, its manufacturer, or its commercial quality.
dert.ai does not partner with, sponsor, or receive compensation from brands or manufacturers in connection with the assignment of “Safe Choice” mark. No company or brand influences our verdict on a product, and you will not see any cosmetic ads in the App. All “Safe Choice” marks reflect research-based analysis of ingredient information and represent informational opinions formed through such analysis.
12. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE APP OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
No Professional Advice
Note that all content available within or through the App are provided for educational and general information purposes only. Such content is not intended to be and is not a substitute for any professional advice. Deplike expressly disclaims and you expressly release Deplike from any and all liabilities arising from any claim, loss, injury and/or damage resulting from your use of any content available within or through the App.
Medical Disclaimer
We do not guarantee the accuracy, completeness, or exhaustiveness of the information and data found in the dert.ai App.
The dert.ai App evaluates the ingredients, not the brands and does not intend to insult or praise any company or brand per se.
Be aware that the dert.ai App is not responsible for the product composition. This is the responsibility of the brand (manufacturer). The App informs you about the product composition, but does not guarantee its accuracy. You should always check the product composition with the packaging.
The dert.ai App does not provide beauty or medical services or professional advice of the licensed practitioners.
Note that the dert.ai App as well as all content, information and the services displayed or available via the App are provided strictly for educational and general information purposes only. We are not and do not claim to be cosmetologists, doctors, licensed health practitioners or other healthcare professionals. We also have no expertise in determining the effect of any specific component contained in a cosmetic or beauty product on your health and/or medical condition.
Therefore, the dert.ai App, as well as its content, information and services are not intended to be and are not professional advice, diagnosis, treatment or replacement of visit and/or consultation of any cosmetologist, doctor, licensed health practitioner or other healthcare professional. The App, its services, content and information are not designed to provide any beauty or medical services, medical professional diagnosis, examination, expertise, prevention, cure or treatment of medical conditions of any kind.
The dert.ai App is not in any event a substitute for consulting with a health professional, such as a cosmetologist or a doctor. You should always seek professional advice from a licensed and qualified cosmetologist or other healthcare professional before making any health decision or using any new product recommended by the App if you have concerns about how you may individually react to the use of such product and/or product ingredient(s). Never disregard professional medical advice or delay in seeking it because of something you have read or learned via the App.
You are solely responsible for using any information, content or services available via the dert.ai App and/or for any decision regarding health and health care. You understand and agree that we are not responsible to you or any other person or entity for any claim, loss, liability, health problem, injury or damage caused or alleged to be caused directly or indirectly as a result of the use, application and/or interpretation of any information or content available through the App. If you apply any information or content provided via the App, you agree that you do so voluntarily and at your own risk.
14. Legal Compliance
You must 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.
15. Governing Law and Claims
Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.
We make no representations that the dert.ai App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the dert.ai App from or in locations outside of the United States, you are responsible for:
- a) ensuring that what you are doing in that country is legal; and
- b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
16. Termination
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the App.
17. Severability
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
18. Contact Information
We reserve the right to respond to user support requests. If you want to submit a support request or have any question about this Agreement or the App, please contact us at hello@deplike.com.