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forYou

forYou

Terms and Conditions of Use

End-User License Agreement (EULA) of forYou

Effective as of April 24, 2022

ABOUT US

Appear Digital Ltd mobile applications (“Apps”) are published, operated and managed by APPEAR DIGITAL LTD (we / us / our), a private company limited by shares, incorporated and registered in the United Kingdom with company number 12993935 whose registered office is at 39 Fairfax Road, London, NW6 4EL. We can be contacted by writing to APPEAR DIGITAL LTD, 39 Fairfax Road, London, or by e-mail at team@appear.digital. forYou OÜ, a private limited liability company, incorporated in Estonia with registration number 16377356, is an owner of the Apps and all Intellectual properties (including, but not limited to “forYou” trademark) licensed to Appear Digital Ltd for publishing, operation and management, with the right to issue this End-User Licenses.

1. Introduction.

This End-User License Agreement (“EULA”) is a legal agreement between you and Appear Digital Ltd.

This EULA agreement governs your acquisition and use of our “forYou” software (“Software”) or application (“App”) directly from Appear Digital Ltd or indirectly through an authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the “forYou” software. It provides a license to use the “forYou” application and contains warranty information and liability disclaimers.

If you register for a free trial of the “forYou” software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the “forYou” software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Appear Digital Ltd herewith regardless of whether other software is referred to or described herein. The terms also apply to any Appear Digital Ltd updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by EULA Template specifically for “forYou” application.

Appear Digital Ltd (“Appear Digital LTD”, “We”, “Us,” “Our”, “Company”) publishes mobile applications (“Our Products”). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group (“Google”). The Verv website (the “Website”), all other products and services, including mobile apps (the “Application”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Appear Digital Ltd. Our goal is to help people lead a healthy way of life through skincare aesthetics practices. Our Products offer content, features, functionality and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other device (collectively, “Our Services”). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any program. Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms”). By agreeing to these Terms you confirm that you are solely responsible for your state of health. These Terms of Use govern your use of the Services and are a condition to your use of the Services.

forYou OÜ develops “our products” and is the full owner of all intellectual property that is sublicensed to us with the right to issue End-Users Licenses worldwide.

Authorized user means any user of our product, who has created an account in any of our services via our website and/or our products.

2. Acceptance of Terms and Conditions.

By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Appear Digital Ltd reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Appear Digital Ltd and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended terms and conditions.

3. License Grant.

Appear Digital Ltd hereby grants you a personal, non-transferable, non-exclusive licence to use the forYou software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the forYou software on your personal mobile device under your control. You are responsible for ensuring your device meets the minimum requirements of the forYou software.

You are not permitted to: Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things that Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose. Allow any third party to use the Software on behalf of or for the benefit of any third party. Use the Software in any way which breaches any applicable local, national or international lawuse the Software for any purpose that Appear Digital Ltd considers is a breach of this EULA agreement

4. Intellectual Property.

The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of forYou OÜ (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of forYou OÜ. No trademarks may be used without prior written consent of forYou OÜ except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of forYou OÜ or its licensors.

5. Legality of Use.

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.

6. Membership subscriptions.

Applications offer subscriptions that grant you access to additional features like training plan personalization or full access to the content. Some of our subscriptions include a free trial period, where you can experience the application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.

We offer weekly, monthly and annual subscription options. Payment will be charged to your credit/debit card through your Apple ID or Google Pay account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section in your account settings. Auto-renewal may be turned off in your Apple ID or Google Pay account after purchase, according to the current process outlined by App Store or Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period. Some countries may have a direct subscription option via the Apps website (https://for-you.app/). If it applies, payments will be charged to your credit/debit card through our payment processing provider after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled on our website. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.

7. Representations and Warranties, Limitation of Liability.

Our Services and Products are provided “as is” without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Appear Digital Ltd and forYou OÜ makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Appear Digital Ltd and/or forYou OÜ be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our services and products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Appear Digital Ltd and/or forYouOÜ shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Appear Digital Ltd and/or forYouOÜ has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Appear Digital Ltd and forYouOÜ shall not be liable to other businesses and shall be liable to consumers only for personal damages. Appear Digital Ltd and forYouOÜ shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

8. Restrictions on Use of the Service.

In addition to any other restrictions set forth in Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Appear Digital Ltd or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Appear Digital Ltd. or obtained from the Service; provide any false personal information to Appear Digital Ltd; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Verv’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.

9. Maintenance.

Appear Digital Ltd and forYou OÜ are not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, Appear Digital Ltd and forYouOÜ are not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Appear Digital Ltd and forYouOÜ, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.

10. Content Created by Users and Rights to such Content.

The user consents that as a result of the automatic evaluation of the way the user uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such user. The user consents that marketing measures may also be taken in relation to created content, which are marketed by Appear Digital Ltd and/or forYou OÜ. The user grants Appear Digital Ltd and forYou OÜ the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Appear Digital Ltd and forYou OÜ shall have the right to use all content, irrespective of the type of usage, including but not limited by machine learning, data analysis, data predictions, computer vision processing, etc. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. Appear Digital Ltd and forYou OÜ do not claim ownership of any content created by users and will not supervise such content.

11. Disclaimer of warranties.

You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. the company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of liability.

Under no circumstances shall the company be liable for any damages resulting directly or indirectly from any aspect of your use of the website, content or services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company is not liable for the defamatory, offensive or illegal conduct of users or third parties. Additionally, in no event will the company be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the services; (2) the cost of procurement of substitute services, items, or website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the services; or (5) any other matter relating to the services. These limitations will apply whether or not the company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and the company and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this terms of use and your access to the websites and services would be substantially different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

13. Termination.

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Appear Digital Ltd.

These Terms apply from when you click “I Accept” at the bottom of this screen (the “Effective Date”) and will remain in full force and effect while you use our Apps until terminated in accordance with this paragraph 13.

We may terminate these Terms and your use of our App, or suspend your use of our App, immediately by written notice to you if: (a) we consider that you have used our Software in violation of these Terms; (b) we believe there has been unauthorised access to our App; (c) we, at our sole discretion, decide to withdraw our App (whether in whole or in part); (d) we have a legal or regulatory obligation imposed on us, which impacts our ability to provide our App; or (e) for any other reason provided that we have given you thirty (30) days’ written notice by email, SMS or via an electronic communication within our App.

We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.

You can terminate these Terms by ceasing to use our App and deleting or uninstalling it from your device. Upon termination for any reason: (a) all rights granted to you under these Terms cease (however, any liabilities incurred by you under these Terms prior shall survive any such termination); (b) you must cease all activities authorised by these Terms; and (c) you must delete or remove our App from your device.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

14. Governing Law.

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with English laws (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Software shall be dealt with exclusively by the English courts.

Privacy Policy

Appear Digital Ltd (we / us / our) operates the forYou mobile application (the “Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

1. Information Collection And Use

We collect the following Personal Data and information from you:

1.1 - Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our application you visited.

1.2 - Physical Data. This may include your gender identity, age, weight, sleeping schedule, nutrition information.

1.3 - Device and Usage Information that may include information specific to your mobile device (e.g., make, model, operating system, advertising identifier and similar information); information about your use of features, functions, or notifications on the device.

1.4 - Information about your mobile device such as your mobile device id (similar to a website IP address), device type, and mobile service carrier.

1.5 - Correspondence Data. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address (“Personal Information”). We may collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services. You have the right to request its deletion by contacting us. The personal information will be delisted within 30 days upon receiving the request.

1.6 - Facial Data Processing, for not authorized users:

1.7 - Facial Data Processing, for authorized users:

2. Log Data

When you access our Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics (“Log Data”).

3. Cookies Data

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

4. Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose communications.

5. Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

7. Children’s Privacy

We understand the importance of taking extra precautions to protect the privacy and safety of children using our service. Accordingly, we do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible.

8. Changes To This Privacy Policy

This Privacy Policy is effective as of April 24, 2022 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, Terms and Conditions of Use, please contact us: