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Please read these Terms. We will follow these Terms when dealing with you. If you have any questions, contact us – see the Questions, complaints, and feedback section.
1.1. Please carefully read the Terms of Use (or simply referred to as “Contract”, “Terms”). This Contract is a legally binding agreement between you and Skindex Co Ltd, headquartered at 21 alley 360/4 La Thanh, Dong Da, Hanoi, Vietnam. Your access to and use of Skindex’s products and services are clearly regulated when you accept this Contract. If you disagree with these Terms, you will not be able to access Skindex or Skindex’s products/services.
1.2. PLEASE CAREFULLY READ THE TERMS OF BINDING ON ARBITRATION AND WAIVING THE RIGHT TO COLLECTIVE LAWSUIT. THIS TERM AFFECTS HOW TO RESOLVE DISPUTES BETWEEN YOU AND Skindex, AS WELL AS NOTIFYING YOU ABOUT YOUR RIGHT TO REFUSE.
NOTE: Depending on where you reside, you may have rights under the current local law that you cannot waive. No provision in this Contract limits any such rights under those laws.
1.3. By creating an account, accessing, or using the Application, you acknowledge that you agree and accept to be bound by the terms of this Contract. IF YOU DO NOT AGREE WITH THESE TERMS THEN YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE APPLICATION.
1.4. In addition to these Terms, the following terms also apply and constitute part of your contract with us (“Privacy Policy”).
1.5. By accepting this contract, you confirm that you: (a) have read this Contract and agree to comply with the terms of the contract as well as other terms incorporated into the contract by reference; and (b) have viewed and accepted the Privacy Policy; (c) agree not to use the service or related content for any purpose other than that described in these Terms.
2.1. We are Skindex Co Ltd, a company established in Vietnam in 2023. Therefore, throughout this Contract, we refer to ourselves as “Skindex”, “Company” or “we”.
2.2. The registered office of Skindex Co Ltd is No. 21 alley 360/4 La Thanh, Dong Da, Hanoi
3.1. These Terms apply to all purposes of using the Skindex mobile application (“Application”), websites (https://skindex.vn, etc.) and all related services, features, and content provided by Skindex.
4.1. You must be at least 13 years old to use the Application and access Skindex content
4.2. We do not intentionally collect personal information from children under 13 years old
4.3. We do not allow children under 13 years old to use the Application and access Skindex.
4.4. If you know of anyone not complying with these age restrictions, please contact us at admin@skindex.vn and we will take the necessary steps to delete or terminate that person’s account.
5.1. THE COMPANY IS NOT A LICENSED HEALTH CARE PROVIDER AND THE APPLICATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS, TREATMENT OR MANAGEMENT OF ANY CONDITION. PLEASE CONSULT A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE MAKING DECISIONS OR TAKING ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY, YOUR FAMILY’S. ALWAYS SEEK THE ADVICE OF A HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY ROOM.
5.2. WE DISCLAIM LEGAL LIABILITY FOR ANY ERRORS OR OMISSIONS, INADVERTENT INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE PROVIDED DOCUMENTS, AS WELL AS FOR ANY VIOLATIONS OF ANY ETHICAL OR MORAL STANDARDS SET IN YOUR COMMUNITY FOR SKIN CARE.
5.3. SOME TRANSLATIONS IN THE Skindex APPLICATION OR WEBSITE ARE PROVIDED BY MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE. Skindex DISCLAIMS ALL WARRANTIES RELATED TO TRANSLATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF ACCURACY, RELIABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.1. To use the Application, you may need to create or update an account (“Account”) and provide some personal information, which may include your name, date of birth, and email address.
6.2. All information provided during the account creation process must be accurate. You must update this information promptly after it changes.
6.3. This information will be stored and used according to our privacy policy, available at (“Privacy Policy”).
6.4. Skindex reserves the right to refuse to create any account or restrict the provision of certain content within the Application to users under 18 years of age at the sole discretion of Skindex.
7.1. All content that you submit through the Application is governed by the Company’s Privacy Policy. If you send questions or feedback, you are entirely responsible for the content of your contact information, the consequences of posting that contact information, and your reliance on any contact information within the public domain. The Company and its licensors are not responsible for the consequences of any contact information in the public domain. If you feel threatened or believe that others are in danger, you should contact local law enforcement agencies immediately. If you believe you may be experiencing a medical emergency, call your doctor or emergency services immediately. To be eligible to use the Application, you agree not to use the Application for any purpose prohibited under this Agreement. You are responsible for all of your activities related to the Application, and you must comply with all local, state, national, and international laws and regulations as well as any current code of conduct.
7.2. You agree that if you perform any of the following actions, you will seriously breach this Agreement, and you commit NOT TO:
7.2.1. resell, rent, lease, lend, re-license, distribute, or transfer the right to use the application;
7.2.2. modify, use reverse engineering, translate, or disassemble the Application;
7.2.3. copy, emulate, alter, modify, translate, or create derivative products from the Application without written permission from the Company;
7.2.4. allow other individuals to use the Application, including but not limited to shared use through network connection, except as permitted under the terms of this Agreement;
7.2.5. damage or disable any feature or technological measure in the Application used to protect intellectual property rights;
7.2.6. use the Application intentionally, or use it in combination, with any device, program, or service designed to circumvent technological measures used to control access to, or rights in, a content file or other products protected by copyright laws in any jurisdiction;
7.2.7. use or access the Application to compile data in a manner that is used or could be used by a competing product or service;
7.2.8. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk mail, or repetitive messages to anyone;
7.2.9. use your Account to engage in any illegal activity;
7.2.10. upload or transmit any contact information that infringes or violates the rights of any party;
7.2.11. upload any type of media that is hateful, abusive, contains offensive imagery or behavior, is vulgar, pornographic, sexually explicit, or any material that could give rise to any civil or criminal liability under current laws or regulations or that could conflict with this Agreement and the Company’s Privacy Policy;
7.2.12. upload any material that contains software viruses or any type of harmful or technologically damaging code, file, or computer program, or is designed to interrupt, destroy, or limit the functionality of any computer software, website, or Application;
7.2.13. use the predicted conception time frame or estimated ovulation date as a contraceptive or conception-inducing measure; or
7.2.14. use data, content, or features from the Application and website to diagnose, treat, or mitigate any health condition.
If you perform any prohibited usage as stated, your license to use the Application will be terminated immediately. Skindex will grant you the right to use the Application provided you use the Application in accordance with this Agreement. If you violate these terms by performing prohibited usage, we will revoke your right to use the Application, and you are not permitted to use the Application anymore.
8.1. We grant you a personal, international, revocable, non-transferable, and non-exclusive license to access and use the application for personal and non-commercial purposes under the terms of this Agreement. You are not allowed to copy, store, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and symbols, designs, identifiers, other source identifiers or information, software or other codes collected from the Application without the prior explicit written permission of the Company and the Company may revoke this permission for any or no reason. You also agree not to download, display or use the content on the Application provided by the Company or its licensors in publications, in publicly displayed content, on non-Application websites for other commercial purposes, related to non-Company products or services, in a way that may confuse consumers, damage the reputation or image of the Company and/or its licensors, diminish the power of the Company or the assets of its licensors or violate the intellectual property rights of the Company or its licensors. Additionally, you agree not to misuse any content published by the Company or third-party content appearing on the Application.
8.2. All rights, ownership, and benefits related to and concerning the Application not explicitly granted in this Agreement are reserved by the Company. If you wish to use software, titles, trade names, trademarks, service marks, logos, domain names and/or other distinctive brand features or other content owned by the Company, you must have written permission from the Company. You may send licensing requests to admin@skindex.vn.
8.3. To avoid doubt, the Company holds ownership rights for all text, images, screenshots, audio, video, location data, software, codes and all other forms of data or communication content that the Company creates and provides related to the Application, including but not limited to interface images, interactive features, graphics, designs, compilation of User Content (as defined below) and compilation of user ratings along with all elements and components of the Application, excluding User Content (collectively referred to as “Company Content” in this document). Except where explicitly and clearly specified herein, we do not grant you any rights, whether explicit or implied, and we retain all rights inherent in or related to the Application and the Company’s Content.
9.1. The Application allows you to enter personal notes, share your story, post or upload content, send content (including private chats) and record some information into the Application (“User Content”). You retain all rights related to the User Content that you post, share or record into the Application.
By submitting your User Content to the Application, you (a) grant the Company a non-exclusive, transferable, sublicensable, global, royalty-free license to use, copy, exploit, modify, publicly display, publicly present, create derivative products, incorporate that content into other products, alter, format, and distribute your User Content related to providing and operating the Application and related services and/or for the Company’s advertising purposes (for example, by displaying on our website, in the Application, on social media, on any website or platform on the Internet that we deem appropriate), in compliance with the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, senior employees and employees of the Company and ensure these entities are not harmed before any claim and cost, including attorney fees, arising from User Content and/or due to your non-compliance with the terms described in this Agreement.
9.2. The Company has the right to review all User Content before sending it to the Application and has the right to delete any content or audio-visual content for any reason, at any time, without prior notice, at the sole discretion of the Company.
10.1. Our goal is to make certain health-related information more useful and accessible to you. However, the Application does not have the ability and does not guarantee to improve or achieve health-related results.
10.2. You bear the risk of using the Application as well as any information, suggestions provided in the Application. We do not warrant or guarantee in any form the accuracy of the data, information, estimates and predictions that we may provide to you through the Application and you agree and understand that the Application is not intended to serve the same purpose as medical or scientific equipment or healthcare service providers.
11.1. Subscription Packages. We may provide you with the opportunity to purchase subscription packages that offer access to some content, products, or services for a specified period. The subscription package will continue indefinitely. We will regularly automatically charge you for maintenance until you cancel. We will explain about the maintenance fee, payment frequency, and how to cancel before you purchase.
11.2. Some of the content, products, or services included in the subscription package may change over time as we introduce new features, develop existing products, and sometimes remove features that are not working as planned. The features and content in the application may vary by country, language, associated store, version, or device.
By accessing Skindex, you agree that your purchase of the subscription package is not dependent on the provision of any future functions or features or on any public verbal or written statement, as well as Skindex’s comments on that function or feature.
11.3. The Skindex Application is provided through third-party platform operators Apple’s App Store and Google Play Store. Therefore, when purchasing, you may enter into a separate contract with the respective third-party service provider that provides the app store. The terms and conditions of this provider may apply. Depending on the terms and conditions of the respective third-party service provider, you may need to exercise your right to cancel and revoke with these service providers.
11.4. Payment. You can purchase subscription packages directly from Skindex or through a third party by prepaying the subscription fee plus applicable taxes for the regular period notified to you before purchasing.
11.5. Trial Period. Some of our subscription packages include a trial period for you to experience the application for a specific period free of charge or at a reduced rate (“Trial Period”). The trial period will automatically convert to a paid subscription package when the trial period ends. To avoid being charged, you must cancel the subscription package before the trial period ends. Please carefully review all applicable terms before you subscribe to the Trial Period.
11.6. Changes in Prices and Taxes. Sometimes Skindex may make changes to the subscription packages, including periodic subscription fees, and will notify you in advance of any price changes. Price changes will take effect at the start of the next period of the subscription package after the date the price changes and continuing to use the subscription package after the price change takes effect means that you have accepted the new price. If you do not agree with the price change, you may refuse by canceling your current subscription package before the price change takes effect.
If we detect an error in the price of the item you purchased, we will contact you. You may confirm the order at the correct price or cancel the order. If we cannot contact you, your purchase transaction will automatically be canceled.
The tax rate or other fees are based on the rate applied at the time of your monthly charge. These amounts may change over time depending on local tax requirements in your country, state, territory, county, or city. Any changes to the tax rate will be automatically applied based on the account information you provide.
11.7. Renewal. Your payment to Skindex or the third party from which you purchased the subscription package will automatically renew at the end of the current period of the subscription package unless you cancel the subscription package before the end of the current period at that time of the subscription package.
11.8. Cancellation. You must cancel the subscription package or Trial Period before the package renews to avoid being charged for the next period of the Subscription Package.
If you purchased a subscription package through a third party, please contact them for information about payments, cancellations, and refunds.
11.9 Promotional Offers. Sometimes, you may have the opportunity to purchase a subscription package in the form of a Promotional Offer. Promotional Offers may only be available to new users and/or may not be valid for some users and are only valid for a limited time. Other restrictions may apply. After the promotional period, the subscription package will automatically continue at the regular price at that time (which may change), plus applicable taxes, unless you cancel.
12.1. You are responsible for taking all reasonable steps to ensure that unauthorized people cannot access your password or application account. You are entirely responsible for (1) controlling the dissemination and use of login names, display names, and passwords; (2) authorizing, monitoring, and controlling access to and use of your account and the application password; (3) promptly notifying the Company if you believe your account or password has been compromised or if there is any other reason why you need to disable the password.
Send us an email at the address admin@skindex.vn.
12.2. You grant the Company and all individuals or organizations related to the operation of the Application the right to transmit, track, retrieve, store, and use your information related to the operation of the Application. In addition, you acknowledge and agree that the Application and account are designed for and intended for personal use on a personal basis and you will not share your account details and/or password with other individuals. The Company cannot and will not be responsible or liable for the information you submit, or for your or a third party’s use or misuse of information transmitted or received arising from the use of the Application. The Company is also not responsible for any loss arising from the unauthorized use of your account or information due to your non-compliance with these rules.
13 Disclaimer of Warranties
The Company controls and operates the Application from various locations and makes no representation that the Application will be appropriate or available for use in all locations. The App or certain features of the App may not be available in your location or may vary from location to location.
IN NO EVENT SHALL THE COMPANY OR ITS SENIOR EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR DATA PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS OR DATA) WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), TORT OF EQUITY OR OTHER CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR USE MISUSE OF THE APPLICATION. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE APPLICATION EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR USE OF THE APPLICATION, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NO PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR THE COMPANY’S SENIOR EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISING ENTITIES OR CONTENT PROVIDERS OR THIRD PARTIES ARE AUTHORIZED. MENTIONED ON THE APPLICATION ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATION. CERTAIN STATE/COUNTRIES LAWS APPLY RESTRICTIONS ON THE LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU IF SUCH EXCLUSION OR LIMITATION WOULD BE UNLAWFUL. WHERE ANY PROVISION IS PRESENTED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN THE EXTENT PERMITTED BY APPLICABLE LAW, SUCH PROVISION SHALL BE DEEMED TO EXCLUDE OR LIMIT ONLY OUR LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Please note that regular carrier rates and fees, such as text messaging and data fees, will still apply if you use the Application on a mobile device.
16.1. The Application may give you access to links to third-party websites, applications, or other products or services (“Third-Party Services”). The Company does not control Third-Party Services in any way, and accordingly, the Company is not responsible for the privacy practices of such Third-Party Services and is not legally responsible for those Third-Party Services. You bear the risk of linking to or using Third-Party Services outside the Application. The Company’s inclusion of links to Third-Party Services does not imply any endorsement of the materials on or linked to by such Third-Party Services, and Application users should not take it as such. The Company disclaims any responsibility for the products or services provided or information on Third-Party Services. You need to take appropriate measures to determine whether accessing Third-Party Services is appropriate, including protecting your personal information and privacy when using Third-Party Services and complying with related agreements.
You are not allowed to link to our websites, applications, content, or services in a way that: (i) is illegal, (ii) implies any form of association, endorsement, or authentication with or by us if there is none, (iii) harms or exploits our reputation, or (iv) is unfair.
We welcome your feedback on the Application. Unless expressly stated, any communication that you send to us or publicly on the application store is considered to be sent on a non-confidential basis. You agree that we have the right to decide to publicize that content at our discretion. You agree to allow us to use that content for free, as well as to review, modify, adjust, and change the context or make any other changes, as we see fit in each case.
18.1. We have no obligation to monitor access or use of the App. However, we retain the right to do so for the purpose of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable law. We may disclose illegal activities to law enforcement agencies; and in any legally valid process, we may cooperate with law enforcement agencies to prosecute users who violate the law.
18.2. We reserve the right (but are not obligated to) to remove or disable content posted on the App or access to the App at any time for any reason without notice, at our sole discretion, if we determine on our own that your content or use of the App is inappropriate or violates this Agreement.
We have the right to refuse to provide service, close Accounts, and change usage conditions at any time.
The company has no legal responsibility or liability to the users of the App or any other individual or organization for performing or not performing the above activities.
19.1. Occasionally, we need to change, expand, upgrade, and improve the App to ensure the App operates normally. We may cease operation of all or part of the App or selectively disable certain features of the App at any time. Your use of the App does not guarantee that the App will be provided and operate continuously.
19.2. Any modifications or removals to the App or any specific features of the App will be carried out at our sole and absolute discretion without any ongoing legal obligation or liability to you.
19.3. We may indefinitely suspend or terminate online access to content associated with Skindex at any time, including for the purposes of ceasing to provide services, maintenance services, or upgrades without prior notice or legal responsibility. We may also cease to provide some content or features. For all content or features that use online servers, we do not commit to continuing to operate those servers.
You agree to defend, indemnify, and hold the Company, its senior employees, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers of the Company, harmless and against all claims, actions or demands, legal responsibility, and payments including but not limited to reasonable legal and accounting fees, arising from or resulting from, or believed to result from your violation of this Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE YOU NEED TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AS WELL AS LIMITING THE MANNER IN WHICH YOU MAY SEEK ASSISTANCE FROM US.
(i) Time Limitations: Any Dispute will be time limited unless the party asserting the Dispute initiates formal dispute resolution proceedings within one (1) year after the confirm the Dispute knew about or should have known about the basis of that Dispute, provided, however, that the one-year period shall be deemed suspended during the course of any settlement discussions not officially upon receipt by either party of a Notice of Dispute under Section 24(e) above.
(ii) NO CLASS ACTION OR REPRESENTATIVE PROCEEDING: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING A DISPUTE ONLY AGREEMENT AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
(iii) Non-consolidation: You and the Company acknowledge and agree that, to the fullest extent permitted by law, each party waives the right to participate in a consolidation proceeding.
22.1. We may amend this Contract from time to time if we consider it necessary (for example, for legal reasons or to reflect changes in the Application, website) . If we change the Contract in a material way, we will make the updated Contract available online and make reasonable efforts to notify you of it (for example, by sending you notice).
22.2. Once we make changes to the Contract, this document will become legally binding on you thirty (30) days after we post it online. In the meantime, you can contact us at admin@skindex.vn if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us or not), we will need to ask you to stop using the Skindex App and accessing the website. We’re sorry about that, but we hope you’ll understand that for Skindex to work properly, we need everyone to use the product according to the same rules instead of each person having their own rules. That’s why we encourage you to reach out if you have questions or concerns.
22.3. If you do not agree to the new terms, you should stop using our services. Your continued use of the service after the effective date of the updated version of the Contract means you accept the Contract as amended.
22.4. Successors and Assignees. This Agreement is to the benefit of the parties, including any of our successors in interest. We reserve the right to assign our rights and obligations under this agreement to any affiliated company.
22.5. Partial validity. If for any reason the arbitrator, arbitral tribunal or other arbitral tribunal, or court of competent jurisdiction finds that any provision of the Contract, or part thereof, is Contract, is unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. enough. A printed version of this Agreement shall be admissible in arbitration, judicial or administrative proceedings.
22.6. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition set forth in this Agreement. any other term or condition, and the Company’s failure to enforce a right or provision under this Agreement shall not constitute a waiver of such right or provision.
22.7. After this Contract terminates, all provisions in this Contract that are intended to remain in effect after termination of the Contract will continue to remain in effect after termination of the Contract. including, without limitation, dispute resolution and arbitration provisions, all title provisions, warranty disclaimers and limitations of liability.
23.1. If you have comments or questions about any part of the Application or the content of these Terms of Use, require assistance or have a complaint, please contact us at admin@skindex.vn.
23.2. When you contact us, we expect our staff to act courteously and respectfully. We expect the same from you. If you behave impolitely or abuse or threaten our staff, we may restrict you from contacting us by email or refuse to provide you with further assistance. If your conduct poses a risk to our employees, community or business, we may suspend your account and refer the matter to law enforcement.
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