lib/legal.ts.What is Glow Up Girl?
Glow Up Girl is a mobile and web app that uses AI to analyze a photo of your face, generate a personalized “glow score” and skin assessment, recommend a tailored skincare routine, and help you track changes in your skin over time. Some features may use automated systems and generative AI to personalize content.
These Terms of Service (“Terms”) form a binding agreement between you and Glow Up Girl, Inc. (“Glow Up Girl,” “we,” “our,” or “us”) governing your access to and use of the Glow Up Girl mobile applications, website, and related services (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms.
Your Skin Photos and Skin Analysis
The Services rely on photos of your face (“Skin Photos”) that you upload or capture in-app. By providing Skin Photos, you represent and warrant that the photos depict you (or another adult who has given you express consent to upload their image), and that you have all necessary rights to share them with the Services.
We use AI models to analyze your Skin Photos and produce a glow score, skin concern flags, routine suggestions, and progress comparisons (collectively, “Skin Analysis”). Skin Analysis is generated by automated systems and may be inaccurate. Skin Analysis is provided for informational and entertainment purposes only and is not a medical diagnosis or a substitute for professional dermatological advice. See the “Not Medical or Dermatological Advice” disclaimer below.
We do not use facial recognition to identify you, we do not match your Skin Photos against any external database, and we do not sell or license your Skin Photos. See our Privacy Policy for full details on how Skin Photos are handled.
AI and Accuracy
The Services use artificial intelligence to analyze your Skin Photos, generate personalized prompts, and produce routine suggestions and other content. While we strive to make these features helpful, AI-generated content may not always be accurate and may reflect biases present in the underlying training data. You should review AI-generated suggestions and exercise your own judgment, and you should consult a qualified professional for any concern that requires medical advice.
Service Features
Glow Up Girl incorporates streaks, glow scores, daily prompts, and other game-like elements designed to encourage engagement. These features do not guarantee any particular skin outcome.
The Glow Up Girl mobile app is available through the Apple App Store and the Google Play Store. The Glow Up Girl website is available at www.glowupgirl.app.
Your Privacy and Others
We'll treat all personal data we collect in accordance with our Privacy Policy.
When you upload content to the Services, you confirm that you have the right to share it and that you're complying with all applicable privacy laws. If your Skin Photo depicts another person, you must obtain that person's express consent before uploading. You're responsible for any content you upload and agree to hold us harmless if any issues arise from sharing content without proper permission.
If you're under 18, you cannot create an account or use the Services. The Children's Online Privacy Protection Act (“COPPA”) requires online services to get parental consent before collecting personal information from children under 13. If you're under 18, please don't register for the Services or send us any personal information about yourself. If we discover that someone under 18 has provided us with personal information, we'll delete it.
Using the Services
Account Registration
The Services are offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You'll need to give us accurate, complete, and up-to-date registration information at all times.
You can only use the Services for your own personal, non-commercial purposes — not for any third party's benefit and not impersonating anyone. You can't transfer or share your account or password with anyone else, and you need to keep them secure. You're responsible for all activity on your account.
If you choose to sign up or log in using a third-party service (like Google or Apple), we may receive information from that service such as your account identifier and email address to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at support@glowupgirl.app if you suspect unauthorized access. Glow Up Girl is not liable for any loss or damage resulting from your failure to protect your account credentials.
Our Policies and Standards
You may not upload or submit any content that is illegal, harassing, threatening, harmful, or exploits or endangers any person.
Prohibited Content
You may not upload, share, or transmit through Glow Up Girl any content that:
- Depicts illegal activity or violates any applicable law.
- Depicts a minor.
- Depicts another adult without their explicit, informed consent.
- Violates any third party's intellectual property, privacy, or other rights.
- Contains malware, viruses, or other harmful code.
- Harasses, threatens, or promotes violence against any person or group.
- Is deceptive, fraudulent, or misleading.
- Violates the terms of service of any third-party platform.
Glow Up Girl reserves the right to remove any content and terminate any account that violates these prohibitions.
Safety and Health Emergencies
The Services are not designed for medical or mental-health emergencies. If you believe you may harm yourself or others or are experiencing a medical emergency, call 911 (U.S.) or your local emergency services immediately and discontinue use of the Services.
Safety Resources
- National Suicide & Crisis Lifeline (U.S.): 988
- Crisis Text Line (U.S.): Text HOME to 741741
- National Eating Disorders Association Helpline: 1-800-931-2237
- For dermatology concerns, please consult a licensed dermatologist or physician.
Our Rules and Requirements
When you use the Services, you promise not to use them in ways that:
- Infringe or violate anyone's intellectual property or other rights.
- Violate any laws or regulations.
- Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- Put your account or anyone else's at risk.
- Try to get passwords, account info, or other security information from other users.
- Compromise computer-network security or crack passwords or encryption codes.
- Run mailing lists, auto-responders, spam, or any processes that interfere with how the Services work (including overloading our infrastructure).
- “Crawl,” “scrape,” or “spider” any pages, data, or portions of the Services or Content.
- Decompile, reverse engineer, or try to get the source code or underlying ideas behind the Services.
- Use the Services or Skin Analysis output to train any machine learning model without our express written permission.
If you violate any of these rules, we may terminate your access immediately.
Your Subscription
What Glow Up Girl Premium Includes
Glow Up Girl offers both free and paid features. Our paid subscription (Glow Up Girl Premium) unlocks additional content and features, which may include:
- Unlimited skin scans and a full glow report
- Personalized routines tuned to your goals
- Before/after tracking and detailed progress timelines
- AI-generated tips, prompts, and weekly check-ins
- Premium content and themed routines
The specific features available under Glow Up Girl Premium may change over time. The current feature set is described at the point of purchase inside the app and on our website.
Plans, Pricing, and Free Trials
Glow Up Girl Premium is offered as a recurring subscription, typically on a weekly, monthly, or yearly plan. Pricing is localized to your country to keep pricing fair across regions, so the exact amount you see may differ. Available plans, prices, and billing intervals are displayed at the point of purchase. All prices are shown in your local currency where available and, unless stated otherwise at checkout, exclude applicable taxes.
From time to time we may offer a free trial or introductory promotional pricing. The length of any free trial, the plan it applies to, and any eligibility requirements will be clearly disclosed at the point of purchase. Unless you cancel before the end of the free trial period, your subscription will automatically convert to a paid subscription and you will be charged the then-current price of the selected plan. Free trials are generally available only once per user and may not be combined with other offers.
We may also offer promotional codes, referral credits, or limited discounts subject to additional terms.
Subscription Term and Automatic Renewal
These Terms start on the earlier of when you begin using the Services or when you register your account. Unless noted otherwise during registration, your Glow Up Girl Premium subscription will automatically renew at the end of each billing period (for example, every month for a monthly plan or every year for a yearly plan) for an additional period of the same length at our then-current prices, until you cancel.
If we change the price or plan terms, we will provide advance notice as required by applicable law and, where required, obtain your consent before the new pricing takes effect on renewal.
Cancellation
You can cancel your Glow Up Girl Premium subscription at any time. Cancellation stops future renewals but does not, by itself, entitle you to a refund for the current billing period (see “Refunds” below). Unless otherwise required by law, you will continue to have access through the end of the billing period that has already been paid for.
- Apple App Store: manage or cancel your subscription through your Apple ID settings.
- Google Play Store: manage or cancel your subscription through your Google Play account.
- Direct subscriptions through Glow Up Girl: cancel through your account settings on our website or by contacting support@glowupgirl.app.
You can also delete your account at any time in the app settings. Account deletion is immediate and permanent. If you delete your account while a subscription is active, the subscription will be cancelled (subject to our refund policy), but you may still need to cancel any recurring subscription purchased via the Apple App Store or Google Play Store through those platforms to avoid additional billing.
We can also terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply, including any payment obligations, indemnification, liability limitations, ownership provisions, and dispute resolution terms.
Fees and Payment
Paid features require a subscription, with fees and payment terms detailed at the point of purchase. By selecting a paid plan, you agree to pay the fees listed. You agree to pay all fees on time according to the billing terms.
We reserve the right to adjust fees upon providing notice (via email, in-app notification, or other reasonable communication). Your continued use of the Services after notice constitutes acceptance of the updated fees and terms.
Unless we say otherwise at checkout, listed prices exclude any sales, use, VAT, or similar taxes; where required we calculate and display these taxes at checkout based on your billing address, collect and remit them, and you agree to cover any additional amounts a taxing authority later determines should have applied (unless the shortfall is solely our error).
Glow Up Girl may, in its sole discretion, offer complimentary or promotional subscriptions to certain users, including journalists, reviewers, and creators. Promotional subscriptions may be revoked at any time without notice.
Refunds
Glow Up Girl Premium is a digital subscription, and payments are generally final. Refund requests are handled by whichever store or payment processor you used to subscribe:
- iOS (Apple App Store): request a refund through Apple at support.apple.com/en-us/118223.
- Android (Google Play): request a refund through Google at support.google.com/googleplay.
- Web checkout: if you subscribed through our website, contact support@glowupgirl.app and we can point you to the third-party payment provider.
Cancelling a subscription stops future renewals but does not, by itself, trigger a refund for the current period. Nothing in these Terms limits any non-waivable refund or cancellation rights you may have under applicable law.
Intellectual Property Rights
Your Content
As between you and Glow Up Girl, content that you upload and process through the Services (including your Skin Photos) belongs to you. You are responsible for all content you contribute, and by contributing it you represent and warrant that you have the necessary rights.
To provide you with the Services and its features, we need certain permissions to your content. Solely for the purpose of operating and improving the Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly display (only within your own account and to you), translate, and create derivative works of your content. This license terminates after your content is deleted from our systems.
You represent and warrant that: (a) you own or have the necessary rights to all content you submit; (b) your content does not violate any third party's rights; and (c) you have obtained all necessary consents from any individuals who appear in your content. You agree to indemnify Glow Up Girl for any claims arising from your content.
Separately, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use content that has been anonymized, aggregated, or otherwise rendered non-identifiable for any purpose, including analytics, research, product development, and business operations.
Upon account deletion, we will delete your Skin Photos and other personal content from our active systems, subject to our standard archival and disaster-recovery practices described in the Privacy Policy.
Content Access and Moderation
Your content is encrypted during transmission, and we implement strict access controls to limit employee access. We retain technical access to content for the following purposes:
- Responding to reports of Terms of Service violations
- Investigating abuse, fraud, or illegal activity
- Complying with legal obligations
- Providing customer support (with your permission)
Outside of these circumstances, we do not access or view your Skin Photos. If we determine that content violates our Terms, we may remove the content, issue a warning, suspend the account, or permanently terminate the account depending on the severity of the violation.
Our Services and Marks
We own and retain all rights, title, and interest in and to the Services (including all intellectual property rights). When you use the Services, except where we've specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the Services.
If you have any feedback, suggestions, or share content publicly with us, we may freely use, modify, and incorporate it into our products and services.
Glow Up Girl™, Glow Up Girl, Inc.™, and all related marks, logos, and user-interface elements are trademarks owned exclusively by Glow Up Girl, Inc.. You may not use, reproduce, or copy these trademarks without explicit written consent.
Copyright Complaints
If you believe content uploaded to the Services infringes your copyright, please notify our designated DMCA agent:
Glow Up Girl, Inc.
Email: support@glowupgirl.app
Include in your notification: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material on the Services; (4) your contact information; (5) a statement that you have a good-faith belief that use is unauthorized; and (6) a statement that the information provided is accurate, under penalty of perjury. Glow Up Girl reserves the right to terminate accounts of repeat infringers.
Changes to the Services
We're always working to improve Glow Up Girl, so the Services may change from time to time. We might suspend or stop offering certain parts of the Services, add new features, set limits, or restrict access. When practical, we'll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as reasonably necessary to maintain security, performance, and quality of service for all users.
Experimental Features
From time to time, we may offer beta or experimental features (“Beta Features”). Beta Features are provided on an “as-is” and “as-available” basis without warranties of any kind, may contain bugs, and may be discontinued at any time without notice. You agree that Glow Up Girl will have no liability for any harm or damage arising from your use of Beta Features.
Disclaimers
Not Medical or Dermatological Advice
Glow Up Girl is designed for entertainment, education, and personal skincare-routine building. Glow Up Girl is not a medical device, not a substitute for professional dermatological diagnosis or treatment, and does not provide medical advice. Skin Analysis, glow scores, and routine suggestions are generated by AI based on a photo and self-reported information; they may be inaccurate, incomplete, or unsuitable for your skin.
If you have a skin concern (such as a suspicious mole, a sudden rash, persistent irritation, or any condition that worries you), please consult a licensed dermatologist or other qualified healthcare provider. Do not use Glow Up Girl to diagnose, treat, cure, or prevent any medical condition. Do not delay seeking medical advice because of information you read in the Services.
No Guarantee of Skin Outcomes
Glow Up Girl makes no representations, warranties, or guarantees that use of the Services will improve your skin, prevent skin problems, or lead to any particular outcome. Skin is complex and affected by many factors outside of Glow Up Girl, including genetics, hormones, environment, and other products you use. You acknowledge that individual results vary, and Glow Up Girl is not responsible for any reaction, irritation, or other adverse effect you may experience from products or routines you choose to use.
Changes to these Terms
These Terms might need to change as we improve the Services. We can update the Terms at any time, and we'll let you know by posting a notice on the Glow Up Girl website, sending you an email, or notifying you another way. If you don't like the new Terms, you can stop using the Services. If you continue using the Services after changes take effect, that means you accept all the changes.
What Else Do I Need to Know?
Entire Agreement
These Terms are the complete agreement between you and Glow Up Girl, and they replace all previous agreements or understandings about the subject matter of these Terms. No third parties are intended to benefit from these Terms.
No Promises
We provide the Services on an “as-is” basis. This means we don't make any promises or guarantees about the Services, including that they'll work perfectly, be suitable for your specific needs, won't infringe on others' rights, or will always be available without interruption. Some states don't allow these kinds of disclaimers, so they may not apply to you.
GLOW UP GIRL MAKES NO GUARANTEE OF ANY PARTICULAR OUTCOME OR RESULT. Content provided by Glow Up Girl is for informational purposes and is not intended as professional advice. AI-generated outputs may reflect biases in the underlying training data; we encourage all users to exercise independent judgment.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Glow Up Girl (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, personal injury, emotional distress, or skin reactions or treatments based on AI suggestions, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Glow Up Girl in connection with the Services in the twelve (12) months preceding the applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Glow Up Girl and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
App Platform Requirements
The following terms apply to your use of the Services via the Apple App Store or via the Google Play Store.
Apple App Store
- Both you and Glow Up Girl acknowledge that these Terms are concluded between you and Glow Up Girl only, and not with Apple, and that Apple is not responsible for the application or your content.
- The application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use.
- You will only use the application in connection with an Apple device that you own or control.
- Apple has no obligation to furnish any maintenance and support services with respect to the application.
- In the event of any failure of the application to conform to any applicable warranty, you may notify Apple; Apple's sole warranty obligation will be to refund the purchase price, if any.
- Glow Up Girl, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the application.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play Store
- To the extent of any conflict between the Google Play Terms and these Terms, the Google Play Terms shall apply with respect to your use of the Services downloaded from Google Play.
- Google has no responsibility or liability related to compliance or non-compliance by Glow Up Girl or you under these Terms.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Glow Up Girl's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.
Notices
For any official notices, email us at support@glowupgirl.app. We'll email you at the address you gave us when you signed up. Notices count as delivered when sent by email, delivered in person, by overnight courier, or five (5) days after being sent by certified mail.
Enforceability
If either of us doesn't enforce a right, that doesn't mean we're giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.
Force Majeure
Glow Up Girl shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet-service interruptions, or third-party-service-provider failures.
Dispute Resolution
Governing Law
These Terms and your use of the Services will be governed by California and United States law, without regard to conflict-of-law rules. You and Glow Up Girl agree to submit to the courts in San Francisco or the United States District Court for the Northern District of California (the “San Francisco Courts”) for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described below.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
You and Glow Up Girl agree that any dispute, controversy, or claim arising out of or relating to your use of Glow Up Girl, to any products or services sold or distributed by or through Glow Up Girl, to this agreement, or to the content and/or user submission on Glow Up Girl shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Glow Up Girl's right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act applies and governs whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
Before initiating an arbitration, you and Glow Up Girl each agree to first provide the other a written notice (“Notice of Dispute”) containing: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to [Company address — TODO before launch] or emailed to support@glowupgirl.app. Glow Up Girl will provide a Notice of Dispute to you via the email address associated with your account. You and Glow Up Girl agree to attempt to resolve the dispute prior to commencing arbitration and not to commence arbitration until this 30-day post-notice resolution period expires.
Unless you and Glow Up Girl agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (as modified by this agreement); (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside.
We each agree that any dispute-resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Unless both you and Glow Up Girl expressly agree otherwise, the arbitrator may not consolidate more than one person's claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. You therefore understand and agree that by entering into this agreement, you and Glow Up Girl are each waiving the right to a trial by jury and the right to participate in a class action for any claims covered by this agreement.
If your claim does not exceed $10,000, you and Glow Up Girl agree to waive an oral hearing and the arbitration will be conducted solely on the basis of documents you and Glow Up Girl submit, unless you request a hearing or the arbitrator determines that a hearing is necessary. The JAMS Rules are available at jamsadr.com/rules-streamlined-arbitration.
As an alternative to arbitration, you or Glow Up Girl may resolve disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your dispute to the attention of any federal, state, or local government agency.
Contact Us
If you have any questions or concerns about these Terms, please contact us:
Email: support@glowupgirl.app
Mailing Address: [Company address — TODO before launch]