This is a translation of the Spanish original. If there is any conflict, the Spanish version prevails.
These terms are the agreement between you and Noles Technology Inc. ("Deshincha," "we," "us"), a corporation organized in Delaware, United States, with its address at 46 Avenue B, New York, NY 10009, United States. They apply to the Deshincha app and the deshincha.com website (together, the "Service").
By creating an account or using the Service, you accept these terms and our Privacy Notice, which includes the Biometric Data Policy. If you do not agree, do not use the Service.
1. What Deshincha is (and what it isn't)
Deshincha is a beauty and habits app. It offers you a facial scan with a definition index, short facial routines (such as drainage, gua sha or jaw exercises), habit logging and tracking of your progress with photos.
Deshincha is not a medical service. It does not diagnose, treat, cure or prevent any disease or condition. The definition index and zone scores are a visual reference for comparing yourself with yourself, not a measurement of inflammation, fluids, fat or any health condition. The projections you see in the app ("you could reach…") are estimates, not guarantees. Results vary from person to person.
When to see a doctor. If your swelling is sudden, painful, on one side only or persistent, or appears together with other symptoms, see a health professional. If you have difficulty breathing or your lips, tongue or throat swell, seek emergency care immediately. The "When to see a doctor?" section in the app has more examples.
Do the routines carefully. Don't apply strong pressure, stop if you feel pain or discomfort, don't use direct cold on the skin for a long time and avoid areas with wounds, irritation, infections or recent cosmetic procedures. If you are pregnant, have a health condition or have had a facial procedure, check with your doctor first.
2. Who can use Deshincha
- You must be 18 or older.
- You must be able to enter into a valid contract under the laws of your country.
- You may only scan your own face. Scanning, uploading or comparing photos of another person is prohibited.
3. Your account
- You can start without signing up. To keep your progress permanently, you need to create an account with Apple or with your email address.
- You are responsible for the information you give us and for keeping access to your account (your Apple Account or your email). Let us know if you think someone has accessed your account without permission.
- You can delete your account at any time from Profile > Settings. Deleting your account does not cancel your subscription with Apple (see section 4).
4. Subscriptions, free trials and payments
What's free. You can take the questionnaire, do your first scan and see a partial result without paying. The full features require a Deshincha Pro subscription.
Plans. We offer annual and weekly plans. The exact price, length and currency are shown on the purchase screen before you pay, and may vary by country. Applicable taxes are included according to the App Store rules in your country.
Free trial. Some plans include a free trial (for example, 3 days). If you don't cancel at least 24 hours before the trial ends, you will automatically be charged the plan price shown when you subscribed. You can only use one free trial per Apple Account.
Automatic renewal. Your subscription renews automatically at the end of each period for the same length and price, unless you cancel it at least 24 hours before the current period ends. Apple charges the renewal to your account within the 24 hours before the end of the period.
How to cancel. Subscriptions are managed through Apple. To cancel, go to iPhone Settings > [your name] > Subscriptions > Deshincha, or use the "Cancel subscription" button in Profile > Settings in the app. When you cancel, you keep Pro access until the end of the period you've already paid for. If you cancel during the free trial, you won't be charged.
Refunds. Payments are processed by Apple, and refund requests are made directly with Apple at reportaproblem.apple.com, according to its policies. We cannot issue refunds for purchases made on the App Store.
Price changes. We may change plan prices. If a change affects your active subscription, Apple will notify you in advance and, where applicable, ask you to accept the new price before the next renewal.
Offers. We may offer special prices or promotions to some users. Each offer has its own conditions, which are shown before you accept it.
5. Your content and your data
- Your photos and your data are yours. You give us a limited, revocable permission to store and process them only to provide the Service to you, in accordance with the Privacy Notice and the consents you have accepted.
- If you turn on the option to improve our models, you allow us to use de-identified photos of you for that purpose, until you withdraw that consent. This option is off by default.
- When you delete your account, we delete your content within the time frames in the Privacy Notice.
6. Acceptable use
You may not:
- Use the Service if you are under 18.
- Scan or upload photos of other people, or photos you don't have the right to use.
- Copy, modify, decompile or attempt to obtain the app's source code, except where the law expressly allows it.
- Circumvent payments, free trials or access restrictions, or create accounts to abuse offers.
- Interfere with the operation or security of the Service, or access other users' data.
- Use the Service for illegal purposes, or resell or commercially exploit its content.
7. Intellectual property
The app, the website, the Deshincha brand, the designs, texts, routines, illustrations, videos and software are the property of Noles Technology Inc. or its licensors. We grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the app on Apple devices that you own or control, for your personal, non-commercial use, in accordance with these terms and the App Store usage rules.
If you send us suggestions or ideas, we may use them without any obligation to compensate you.
8. Changes to the Service
We may add, change or remove features, routines or content. If we materially remove Pro features you have already paid for, we will give you reasonable advance notice.
9. Suspension and termination
You can stop using the Service and delete your account whenever you want. We may suspend or close your account if you breach these terms seriously or repeatedly, if the law requires it or if it is necessary to protect other users or the Service. When possible, we will notify you and explain the reason.
10. Warranties
We do our best to make Deshincha work well, but the Service is provided "as is" and "as available." To the extent permitted by law, we do not guarantee specific results in your appearance, that the scan is accurate in all lighting, angle or device conditions, or that the Service will always work without interruptions or errors.
Nothing in these terms limits the rights granted to you by the consumer protection laws of your country that cannot be waived.
11. Limitation of liability
To the maximum extent permitted by applicable law:
- We are not liable for indirect, incidental, special or consequential damages, or for loss of profits or data.
- Our total liability for any claim related to the Service will not exceed what you paid us in the 12 months before the claim, or 100 US dollars if you paid nothing.
These limitations do not apply to liability that the law does not allow to be limited, such as liability arising from willful misconduct, gross negligence or harm to life or physical integrity.
12. Indemnification
If you use the Service in violation of these terms or the law (for example, by uploading photos of another person without their permission) and that leads to a third-party claim against us, you agree to answer for it and cover the reasonable costs it causes us, to the extent permitted by law.
13. Apple terms
If you downloaded Deshincha from the App Store, the following also applies:
- This agreement is between you and Noles Technology Inc., not with Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any. To the extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Apple is not responsible for addressing any claims by you or third parties relating to the app, including product liability claims, claims of failure to meet legal or regulatory requirements, or consumer protection or privacy claims.
- If a third party claims that the app infringes its intellectual property rights, Apple will not be responsible for investigating, defending, settling or addressing that claim.
- You represent that you are not located in a country subject to a US government embargo or on a US government list of restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.
14. Governing law and disputes
These terms are governed by the laws of the State of Delaware, United States, without applying its conflict of laws rules. This does not take away the protection of the mandatory consumer protection rules of the country where you live.
If you have a problem, write to us first at hola@deshincha.com and we will try to resolve it within 30 days at most. If you live in Mexico, you can also go to the Federal Consumer Protection Agency (PROFECO) and to the competent courts where you live.
15. Changes to these terms
We may update these terms. We will publish the new version at deshincha.com/terminos with its date. If the change is significant, we will notify you in the app before it takes effect. If you keep using the Service after that date, you accept the new terms. If you don't agree, you can cancel your subscription and delete your account.
16. Miscellaneous
- If any part of these terms is not valid, the rest remains in effect.
- Our not enforcing any provision does not mean we waive it.
- You may not transfer these terms to another person. We may transfer them to a successor of the Deshincha business, which will be bound by them.
- These terms, the Privacy Notice and the Biometric Data Policy are the entire agreement between you and us regarding the Service.
17. Contact
Noles Technology Inc. · 46 Avenue B, New York, NY 10009, United States · hola@deshincha.com