TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

By accessing or using the Sunkiss AI mobile application, website, or any related services (collectively, the "Services"), creating an account, or otherwise indicating assent, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you do not agree, do not access or use the Services.

• Additional Policies: These Terms incorporate by reference any additional guidelines or rules posted in connection with specific features.
• Electronic Communications: You consent to receive electronic communications (e.g., email, in-app notices) from us.
• Jurisdiction: You are responsible for ensuring your use is lawful in your locale.

2. ELIGIBILITY

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. Minors may use Sunkiss AI only with a parent/guardian who agrees to be bound by these Terms and supervises the minor's use.

3. USER ACCOUNTS

• Registration: Provide accurate, current information and keep it up to date.
• Security: You are responsible for all activity that occurs under your credentials.
• Multiple Accounts: Creating multiple or fraudulent accounts is prohibited.
• Termination: We may suspend or terminate accounts for any reason, including breach of these Terms.

4. DESCRIPTION OF THE SERVICES

Sunkiss AI is a wellness-oriented mobile application that helps users achieve a balanced, golden tan safely through AI-driven recommendations and real-time UV data. Core features include:

• Personalized Tanning Plan: Daily guidance on the optimal time and duration to tan based on your skin type, location, and goals.
• Real-Time UV Monitoring: Continuous UV index tracking to minimize over-exposure and help prevent burns.
• Sunscreen & Protection Reminders: Timely alerts to apply or reapply SPF and seek shade.
• Progress Tracking: Photo comparisons to visualize your evolving glow over time.
• Vitamin D Insights: Estimates of vitamin D synthesis and safe sun limits.
• Glow & Self-Care Tips: Curated advice on after-sun care, hydration, and skin health.

We may modify, add, or remove features at any time without notice.

5. USER CONTENT AND CONDUCT

You may upload photos or other content ("User Content"). By doing so, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to use that content to operate and improve the Services.

• You warrant you have rights to the User Content you upload.
• No unlawful, defamatory, or infringing content.
• We may remove or disable access to User Content at our discretion.

6. AI-GENERATED CONTENT & HEALTH DISCLAIMER

• Informational Use Only: AI recommendations are provided "as-is" for informational purposes and are not medical or dermatological advice.
• Consult Professionals: Always consult a qualified healthcare provider for questions about sun exposure, skin conditions, or health concerns.
• User Responsibility: You assume all risks associated with tanning and sun exposure; verify information before acting on it.

7. PAYMENTS AND SUBSCRIPTIONS

Certain premium features may require payment. Subscription details, pricing, renewal terms, and refund policies are presented in-app or on our website. Fees are non-refundable except where required by law.

8. INTELLECTUAL PROPERTY

Except for User Content, all content and software in the Services are the property of Sunkiss AI or its licensors and protected by intellectual-property laws. "Sunkiss AI" and related logos are our trademarks.

9. PRIVACY AND DATA PROTECTION

We handle personal data in accordance with our Privacy Policy. By using Sunkiss AI, you consent to our data practices, including cross-border transfers.

10. THIRD-PARTY LINKS AND SERVICES

The Services may link to or rely on third-party services. We are not responsible for their content or practices; their terms and privacy policies apply.

11. TERMINATION

• By You: Delete your account via settings or email sunkissdev@gmail.com.
• By Us: We may suspend or terminate access for violations or any reason at our discretion.

12. DISCLAIMERS OF WARRANTIES

The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We do not guarantee error-free or uninterrupted service, or that results will meet your expectations.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Sunkiss AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Services. Our total liability shall not exceed the amount paid, if any, in the twelve months before the claim.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Sunkiss AI and its affiliates from any claims arising out of your use of the Services, violation of these Terms, or infringement of any rights of a third party.

15. DISPUTE RESOLUTION & ARBITRATION

• Informal Resolution: Contact us first at sunkissdev@gmail.com to resolve any dispute.
• Binding Arbitration: Unresolved disputes shall be settled by binding arbitration in Canada. No class actions.
• Exceptions: Either party may seek equitable relief for IP infringement without prior arbitration.

16. GOVERNING LAW

These Terms are governed by the laws of Canada, without regard to conflicts of law. Courts in Canada have exclusive jurisdiction, except for matters subject to arbitration.

17. CHANGES TO THE TERMS

We may update these Terms at any time. Material changes will be communicated via in-app notice or email. Continued use after changes constitutes acceptance.

18. MISCELLANEOUS

• Entire Agreement: These Terms and the Privacy Policy form the entire agreement between you and Sunkiss AI.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No Waiver: Failure to enforce any provision is not a waiver.
• Assignment: You may not assign these Terms without our consent; we may assign freely.
• Force Majeure: We are not liable for events beyond our control.

19. COMMUNICATIONS & PROMOTIONAL EMAILS

• Consent: By creating an account, you agree to receive promotional emails from Sunkiss AI.
• Opt-Out: Unsubscribe anytime via the link in our emails or email sunkissdev@gmail.com.
• Service Notices: We may still send essential service-related communications.

20. CONTACT US

Questions about these Terms? Reach out: