Terms of Service

Please read these terms carefully before using Sunkiss AI.

Last Updated: January 29, 2026

Welcome to Sunkiss AI. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Ferrix Labs Inc., a company registered in Canada (“Ferrix Labs,” “we,” “us,” or “our”), governing your access to and use of the Sunkiss AI mobile application, website, and related services (collectively, the “Services”).

By creating an account, downloading, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Services.

1. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Services. By using Sunkiss AI, you represent and warrant that you meet this age requirement.

Availability

Sunkiss AI is available worldwide through the Apple App Store, with the exception of France. If you access the Services from a jurisdiction where they are not available, you do so at your own risk and are responsible for compliance with local laws.

2. Description of Services

Sunkiss AI is an AI-powered tanning coach that helps users pursue a balanced, golden tan through personalized recommendations and real-time environmental data. The Services include:

  • AI Tanning Plans: Personalized daily guidance on optimal tanning times and duration based on your skin type, location, and goals.
  • Real-Time UV Monitoring: Continuous UV index tracking to help minimize over-exposure.
  • SPF Recommendations: On-screen guidance on SPF usage and sun protection based on current conditions.
  • Progress Tracking: Photo comparisons to visualize your tanning journey over time.
  • Glow and Self-Care Tips: Curated advice on after-sun care, hydration, and skin health.

We reserve the right to modify, add, or remove features at any time without prior notice. We will make reasonable efforts to notify you of material changes to the Services.

3. Health and Safety Disclaimer

IMPORTANT: PLEASE READ CAREFULLY

  • Not Medical Advice: Sunkiss AI does not provide medical, dermatological, or healthcare advice. All recommendations, tanning plans, and UV guidance are for informational purposes only and should not be treated as a substitute for professional medical advice, diagnosis, or treatment.
  • UV Exposure Risks: Exposure to ultraviolet (UV) radiation carries inherent and serious risks, including but not limited to: skin cancer (including melanoma), premature skin aging, sunburn, eye damage, and immune system suppression. These risks exist regardless of skin type, duration of exposure, or use of protective measures.
  • Consult Healthcare Providers: Always consult a qualified healthcare provider, dermatologist, or medical professional before making decisions about sun exposure, particularly if you have a history of skin cancer, skin conditions, photosensitivity, or are taking medications that increase sun sensitivity.
  • User Assumes All Risk: You acknowledge and agree that you assume all risk associated with your sun exposure decisions. Sunkiss AI, Ferrix Labs Inc., and their officers, directors, employees, and agents shall not be held liable for any health outcomes resulting from your use of the Services.
  • Not a Medical Device: Sunkiss AI is not a medical device, is not FDA/Health Canada approved for medical purposes, and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

4. AI-Generated Content Disclaimer

Important Notice About AI Recommendations

AI-generated content within Sunkiss AI is based on general models and algorithms. It is not a personalized medical assessment.

  • Tanning recommendations are generated by AI algorithms based on general skin type classifications, environmental data, and user-provided preferences. They do not account for individual medical conditions, medications, or personal health history.
  • UV index data is sourced from Apple WeatherKit. While we strive for accuracy, this data may contain inaccuracies, delays, or gaps in coverage.
  • We make no guarantee of accuracy, completeness, timeliness, or suitability of any AI-generated recommendation for your specific circumstances.
  • You are solely responsible for verifying the appropriateness of any recommendation before acting on it.

5. User Accounts

  • Registration: You must provide accurate and current information when creating an account and keep it up to date.
  • Credential Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
  • Single Account: Each user may maintain only one account. Creating multiple or fraudulent accounts is prohibited.
  • Suspension and Termination: We reserve the right to suspend or terminate your account at any time for violations of these Terms, abuse, fraud, or other conduct that we determine, in our sole discretion, to be harmful to us, other users, or third parties.

6. User Content

You may upload photos, profile information, and other content (“User Content”) to the Services. By uploading User Content, you:

  • Grant Ferrix Labs Inc. a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of operating, maintaining, and improving the Services. This license is limited to service operation and does not grant us the right to sell, sublicense, or publicly distribute your content.
  • Retain full ownership of your User Content. Nothing in these Terms transfers your intellectual property rights to us.
  • Warrant that you have all necessary rights and permissions to upload the User Content and that it does not violate any third-party rights.
  • Acknowledge that we may remove User Content at our discretion if it violates these Terms or applicable law.
  • May delete your User Content at any time through the app.

7. Subscription and Payments

Certain premium features of Sunkiss AI require a paid subscription. All purchases are processed through Apple In-App Purchase.

  • Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
  • Cancellation: You may cancel your subscription at any time through your device's App Store subscription settings, within the Sunkiss AI app settings, or by contacting us at sunkissai@ferrixlabs.com. Cancellation takes effect at the end of the current billing period.
  • Pricing: Subscription prices are displayed in your local currency as determined by the App Store. We reserve the right to change pricing with reasonable notice.
  • Refunds: Subscription fees are generally non-refundable after the service has been provided for the applicable billing period, except where required by applicable law or Apple's refund policies.

8. Intellectual Property

All content, features, functionality, trademarks, logos, software, and other materials within the Services (excluding User Content) are the exclusive property of Ferrix Labs Inc. or its licensors and are protected by Canadian, US, and international intellectual property laws.

“Sunkiss AI,” the Sunkiss AI logo, and related marks are trademarks of Ferrix Labs Inc. You may not use, reproduce, or distribute any of our intellectual property without prior written consent.

9. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, share, and protect your personal information. By using the Services, you consent to the data practices described in the Privacy Policy, including cross-border data transfers as described therein.

10. Disclaimers of Warranties

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FERRIX LABS INC. MAKES NO WARRANTY OR REPRESENTATION THAT:

  • UV index data or weather information will be accurate, complete, or timely;
  • Tanning recommendations will produce desired results or be suitable for your specific skin type or health condition;
  • Use of the Services will not result in sunburn, skin damage, or other adverse health outcomes;
  • The Services will be uninterrupted, error-free, or free of harmful components.

11. Limitation of Liability

LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FERRIX LABS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

  • Health outcomes, skin damage, sunburn, or other physical harm resulting from sun exposure decisions made in connection with the Services;
  • Loss of data, revenue, profits, or business opportunities;
  • Personal injury or emotional distress;
  • Reliance on AI-generated recommendations or UV data.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ferrix Labs Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

  • Your use or misuse of the Services;
  • Any health-related claims arising from your sun exposure decisions;
  • Your violation of these Terms or applicable law;
  • Your User Content or any infringement of third-party rights;
  • Your negligence or willful misconduct.

13. Dispute Resolution

We want to resolve disputes fairly and efficiently. If you have a concern, please contact us first at sunkissai@ferrixlabs.com.

  • Informal Resolution: Before initiating formal proceedings, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.
  • Binding Arbitration: If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered in Canada, in accordance with applicable Canadian arbitration legislation.
  • Class Action Waiver (US Users): To the extent permitted by applicable law, you agree to resolve disputes on an individual basis and waive the right to participate in a class action, class-wide arbitration, or representative proceeding.
  • Consumer Protection: Nothing in this section limits your rights under mandatory consumer protection laws of your jurisdiction. Canadian consumer protection laws are preserved in their entirety.
  • Equitable Relief: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights without first engaging in arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the federal laws of Canada, without regard to conflict of law principles. The federal courts of Canada shall have exclusive jurisdiction over any legal proceedings arising out of these Terms, subject to the arbitration provisions above.

If you are a consumer in a jurisdiction with mandatory consumer protection laws, nothing in these Terms deprives you of the protections afforded by those laws.

15. Termination

  • By You: You may terminate your account at any time by deleting it through the app's settings or by contacting us at sunkissai@ferrixlabs.com.
  • By Us: We may suspend or terminate your access to the Services immediately, without prior notice, for violations of these Terms, abuse, fraud, or any other conduct we determine to be harmful.
  • Effect of Termination: Upon termination, your right to use the Services ceases immediately. Data deletion will proceed in accordance with our Privacy Policy.
  • Surviving Provisions: Sections regarding disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and intellectual property shall survive termination.

16. Miscellaneous

  • Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, power or internet failures, or acts of God.
  • Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ferrix Labs Inc. regarding the Services and supersede all prior agreements and understandings.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  • Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

17. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Ferrix Labs Inc.

Canada

Email: sunkissai@ferrixlabs.com