Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS STATED IN THE SECTION “ARBITRATION AGREEMENT (CLASS ACTION WAIVER; OPT-OUT)” BELOW, THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT, WITH LIMITED EXCEPTIONS, REQUIRE ANY DISPUTE BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

THE SERVICES ARE NOT A MEDICAL DEVICE. THE BHI SCORE AND ALL RELATED CONTENT ARE PROVIDED FOR GENERAL COSMETIC, AESTHETIC, AND INFORMATIONAL PURPOSES ONLY AND DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE A CONCERN ABOUT YOUR SKIN OR ANOTHER HEALTH CONDITION, CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.

These Terms of Use (the “Terms”) are entered into by and between you and Beauty Health Index Inc., a Delaware corporation (the “Company,” “we,” “us,” or “our”), and govern your access to and use of: (i) https://beautyhealthindex.com (the “Website”); (ii) our mobile application (the “App”); and (iii) all related content, features, and services we provide (collectively, the “Services”).

By accessing or using any part of the Services, or by clicking to accept or agree to these Terms, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to all of the foregoing, do not access or use the Services.

The Services are intended for a worldwide audience, and we may make the Services available to users in multiple countries. Certain provisions of these Terms, and the “International Users” section of our Privacy Policy, describe how these Terms apply depending on your country or state of residence.

The Services are offered only to individuals who are at least 18 years of age. By creating an account or otherwise using the Services, you represent and warrant that you are at least 18 years old. We do not knowingly allow anyone under 18 to use the Services or create an account. If we learn that an account belongs to a person under 18, we will terminate the account and delete the associated personal information as stated in our Privacy Policy, except where retention is required by law.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services after that date. We will update the “Last modified” date at the top of these Terms and, if we make material changes, will provide additional notice, such as an in-App notice or an email to the address associated with your account. You are responsible for maintaining a current, deliverable email address and for reviewing this page periodically.

For changes to these Terms other than changes to the dispute-resolution provisions, your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the change you are being notified of, your sole remedy is to cease using the Services.

For material changes to the provisions stated in “Governing Law and Jurisdiction” and “Arbitration Agreement (Class Action Waiver; Opt-Out),” we will provide a notice at least 30 days before the changes take effect and will require you to affirmatively accept the revised provisions to continue using the Services. If you do not accept the revised provisions, you may opt out within 30 days after the effective date by sending written notice to legal@beautyhealthindex.com; if you do, the dispute-resolution provisions in effect immediately before the change will continue to apply to disputes between you and the Company.

The Services analyze photographs, video, and other information you provide, including the lifestyle and daily-input information described in our Privacy Policy, using artificial intelligence and other automated means, to generate a composite score and related metrics across several domains (collectively, the “BHI Score”) and to provide personalized cosmetic and lifestyle insights.

THE BHI SCORE, AND ANY ANALYSIS, INSIGHT, OR RECOMMENDATION GENERATED THROUGH THE SERVICES, IS PROVIDED FOR GENERAL INFORMATIONAL AND COSMETIC PURPOSES ONLY. THE SERVICES ARE NOT A MEDICAL DEVICE AND DO NOT DIAGNOSE, TREAT, CURE, MONITOR, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DERMATOLOGICAL, OR OTHER HEALTHCARE ADVICE. OUTPUTS GENERATED USING ARTIFICIAL INTELLIGENCE MAY BE INCOMPLETE, INACCURATE, OR NOT APPLICABLE TO YOU.

You should not rely on the Services for any decision involving your health, safety, or medical care. If you have any concern about your skin or a related condition, consult a dermatologist or other qualified healthcare professional, and do not disregard, delay, or discontinue professional advice because of anything you see in the Services. If you connect a third-party wearable or health integration described in “Third-Party Services and Integrations” below, the same limitations apply to any information, insight, or score derived from that data.

The BHI Score and other outputs generated using artificial intelligence may reflect inaccuracies or biases, including as a result of the underlying data, the information you provide, or model limitations, and may be the same as or similar to outputs the Services generate for other users. Outputs of the Services do not necessarily reflect the views of the Company. You are solely responsible for evaluating the BHI Score and any other output of the Services and for deciding whether and how to act on it.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services, or any part of the Services, to:

• violate any applicable federal, state, local, or international law or regulation;
• post, upload, or transmit profane, obscene, sexually explicit, or pornographic content, or content otherwise inappropriate for a general audience;
• harass, bully, threaten, defame, stalk, or intimidate any person;
• upload, post, or share another person’s image, likeness, or biometric information without that person’s knowledge and consent;
• impersonate the Company, another user, or any other person or entity;
• provide medical, diagnostic, or health advice to other users;
• reverse-engineer, decompile, or otherwise attempt to derive the source code of the Services, or scrape, data-mine, or use automated means to access the Services without our authorization; or
• transmit unsolicited advertising, promotional material, or spam.

You further agree not to use the Services, the BHI Score, or any other output of the Services to develop, train, or improve any artificial-intelligence or machine-learning technology, or any product or service that competes with the Services.

To use certain features of the Services, you must create an account. You agree that all information you provide is true, accurate, current, and complete, and that you will keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access to or use of your account. We may suspend or terminate any account at any time, in our sole discretion, including if we believe you have violated these Terms or applicable law.

Without limiting the foregoing, we may temporarily suspend your access to any portion or all of the Services, without prior notice, if we reasonably determine that: (i) there is a threat or attack on the Services; (ii) your use of the Services disrupts or poses a security risk to the Services, to the Company, or to any other user; (iii) you are using the Services for fraudulent or illegal activity; or (iv) our provision of the Services to you is prohibited by applicable law. We will use commercially reasonable efforts to resume your access once the underlying issue is resolved, and we will have no liability for any loss you incur as a result of a suspension under this section.

The Services include a community feature (“Room”) that allows you to create a profile, follow other users, view a feed, post photographs and captions, and react to and comment on other users’ posts (collectively, “User Content”). The Room is an in-App community feature and is not a public social network; however, content you post to the Room may be viewed by other users of the Services as configured by your privacy and visibility settings.

Because the Services include social and community features that let you and other users share and view content, you are solely responsible for the User Content you post, comment, or otherwise make available through the Room, and for ensuring that it complies with these Terms, including the Prohibited Uses above, and applicable law. The Company does not pre-screen User Content and does not endorse any User Content or the views expressed in it. You post User Content at your own risk, and User Content may be viewed, copied, or used by others who view it within the Services.

As between you and the Company, you retain all ownership rights in, and are the sole owner of, the photographs, video, and other User Content you create or upload through the Services, including the Room. By posting or otherwise making User Content available through the Room, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that User Content solely for the purpose of providing the Services to you and other users. This license ends when you delete the applicable User Content or your account, except to the extent copies have been viewed, shared, or archived by other users before deletion, or as stated in our Privacy Policy.

The Services rely on and may integrate with third-party products and services, including cloud hosting and infrastructure, artificial-intelligence processing, transactional email and push-notification delivery, sign-in services, and, at your election, third-party wearable and health-data integrations (such as WHOOP and Apple Health) and product-database lookups (such as Open Beauty Facts and Open-Meteo) (each, a “Third-Party Service”). Connecting an optional Third-Party Service is your choice, and you may disconnect it at any time through the App.

THE COMPANY DOES NOT OPERATE, CONTROL, OR ENDORSE ANY THIRD-PARTY SERVICE AND IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY, ACCURACY, CONTENT, PRACTICES, OR SECURITY OF ANY THIRD-PARTY SERVICE, OR FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF, OR INABILITY TO USE, A THIRD-PARTY SERVICE.

Each Third-Party Service is governed solely by that provider’s own terms of service and privacy policy, and not by these Terms. By choosing to connect or use a Third-Party Service through the Services, you agree to be bound by that provider’s own terms and privacy policy, and you authorize the exchange of data between that provider and the Services as necessary to enable the integration.

The Company may display advertising or promotional content from the Company or from third parties, including business partners, within the Services. UNLESS OTHERWISE EXPLICITLY STATED TO THE CONTRARY, THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY ADVERTISEMENT OR FOR THE PRODUCTS OR SERVICES OF ANY ADVERTISER, AND THE INCLUSION OF AN ADVERTISEMENT DOES NOT CONSTITUTE OUR ENDORSEMENT OF THE ADVERTISER OR ITS PRODUCTS OR SERVICES. Any dealing you have with an advertiser found through the Services, including your participation in promotions or purchase of goods or services, is solely between you and that advertiser.

The Company may, at any time and in its sole discretion, introduce fees, subscriptions, or other paid features for all or part of the Services. If we do, we will provide notice and present the applicable pricing, billing, and cancellation terms to you before you incur any charge, and your continued use of a newly paid feature after that notice constitutes your agreement to those terms.

The Services and all content, features, and functionality made available through the Services, other than User Content, are owned by the Company, its licensors, or other providers and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use. Except as expressly permitted, you must not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any material from the Services.

If you submit feedback, comments, or suggestions about the Services (“Feedback”), you hereby assign to the Company all right, title, and interest in and to that Feedback, and the Company may use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without any obligation or compensation to you. If such an assignment is not effective under applicable law, you instead grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose.

The Company owns all aggregated, anonymized, or de-identified data and statistics that the Company derives from information collected through the Services, including from your Scan Data (as defined in our Privacy Policy), User Content, and other information you provide. The Company may use, disclose, and otherwise exploit that data for any lawful business purpose, including to improve and develop the Services and to describe or promote the Services to others, without any obligation or compensation to you, provided that such data does not identify you.

The Services may contain links to third-party websites or resources provided for convenience only. We do not control and are not responsible for the content of those sites, and your use of any linked site is at your own risk and subject to that site’s own terms.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, OR THAT THE BHI SCORE OR ANY OTHER OUTPUT OF THE SERVICES WILL BE ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF FORESEEABLE. EXCEPT FOR AMOUNTS YOU OWE US, IF ANY, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED $100. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) your violation of these Terms; (ii) your User Content or your use of the Services; or (iii) your violation of any right of another person, including any right of privacy or publicity.

All matters relating to the Services and these Terms, and any dispute or claim arising from or related to them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law provision. If you are a consumer resident outside the United States, this section does not deprive you of the protection afforded by any mandatory provision of the law of your country of habitual residence that cannot be waived by agreement.

This Arbitration Agreement applies to any and all past, present, and future disputes, claims, or controversies arising out of or relating to these Terms, the Services, our Privacy Policy, our data and privacy practices, or your relationship with the Company, whether sounding in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The parties expressly intend that this Arbitration Agreement extend to, and the Class Action Waiver expressly applies to, any claim arising under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq.; the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001; the Washington biometric privacy statute, RCW 19.375; the Washington My Health My Data Act, RCW 19.373; the California Invasion of Privacy Act, Cal. Penal Code §§ 630–638; and any analogous state or federal privacy or biometric-data statute. The arbitrator, and not any court, has exclusive authority to decide any dispute over the formation, scope, applicability, enforceability, or waiver of this Arbitration Agreement, including any such dispute arising under any privacy or biometric-data statute, except that a court of competent jurisdiction will decide any challenge solely to the enforceability of the Class Action Waiver.

This Arbitration Agreement applies only to the extent permitted by the law of your country or state of residence. If you are a consumer resident outside the United States and mandatory arbitration of consumer disputes is not enforceable against you under the law of your country of residence, this Arbitration Agreement does not apply to you to that extent, and nothing in it limits any non-waivable right you have to bring a claim before a court or regulator in your country of residence.

If we are unable to resolve a dispute informally, you and the Company each agree to resolve disputes through final and binding arbitration or in small-claims court instead of in courts of general jurisdiction.

YOU UNDERSTAND AND AGREE THAT, BY USING THE SERVICES, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Before filing a claim, you agree to make a good-faith effort to resolve the dispute informally by contacting legal@beautyhealthindex.com. If the dispute is not resolved within 30 days, either party may commence arbitration.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules, including the Supplementary Procedures for Consumer-Related Disputes, as modified by this section. The AAA’s rules and forms are available at www.adr.org. The arbitration will be held in Delaware or another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS MANDATED BY APPLICABLE LAW.