Terms of Service

1. Description of the Service; Not a Medical Service

Aesthetix App allows you to take or upload a photo of yourself and generate an AI-simulated visualization of a selected aesthetic treatment (such as Botox or dermal filler), applied to a selected treatment zone (e.g., cheeks, jawline) at a selected intensity level (e.g., subtle, balanced, defined).

The App is an entertainment and visualization tool only. It does not provide medical advice, diagnosis, treatment recommendations, or any healthcare service, and it is not a substitute for consultation with a licensed physician or aesthetic practitioner. Simulated results are AI-generated approximations and do not represent, predict, or guarantee any real-world outcome of an actual cosmetic procedure. You should not make any medical or cosmetic treatment decision based solely on content generated by the App.

2. Eligibility

You must be at least 18 years old to create an account or use the App. By using the App, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms. If we learn that an account belongs to someone under 18, we may suspend or terminate it, consistent with our Privacy Policy.

3. Accounts

You may create an account using an email address or by signing in with Apple or Google. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at info@oxamind.com if you suspect unauthorized use of your account.

4. Your Content: License, Ownership, and Representations

a) Ownership

As between you and OXAMIND, you retain ownership of the photos you upload (“Input Content”) and, subject to Section 10 below, of the AI-generated visualizations produced from your Input Content (“Output Content”).

b) License to Us

By uploading Input Content, you grant OXAMIND a limited, worldwide, non-exclusive, royalty-free license to process, reproduce, and transmit that Input Content solely to (i) generate the Output Content you request, (ii) provide, maintain, and improve the App’s core functionality, and (iii) as otherwise described in our Privacy Policy. We do not use your photos for advertising or marketing purposes, and we do not sell your photos.

c) Your Representations

By uploading a photo, you represent and warrant that:

• the photo depicts you, or you have the explicit consent of the identifiable individual(s) depicted to upload their likeness and generate simulated content from it;
• the photo does not depict anyone under the age of 18;
• you will not upload content that is unlawful, infringing, defamatory, obscene, or that violates any third party’s rights, including privacy or publicity rights; and
• you will not use the App to create content intended to impersonate, harass, defame, or deceive any person.

We reserve the right to remove content and suspend or terminate accounts that violate these representations.

5. AI-Generated Content and Transparency Disclosures

Output Content generated by the App is artificially created using AI image-processing technology and is clearly labeled within the App as AI-generated / simulated content. It is not a photograph of an actual medical outcome.

Where applicable law — including Article 50 of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) — requires disclosure that image content has been artificially generated or manipulated, we provide such disclosure through in-app labeling of Output Content. You agree not to remove, obscure, or alter any such AI-generated content label, and not to represent, distribute, or present Output Content to third parties as an authentic, unaltered photograph or as an actual medical or clinical result.

6. Acceptable Use

You agree not to:

• use the App for any unlawful purpose or in violation of any applicable local, state, national, or international law;
• upload photos of any person without their consent, or of any minor;
• attempt to reverse-engineer, decompile, or extract the underlying models or technology used to provide the App;
• use automated means (bots, scripts, scrapers) to access the App outside normal user interaction;
• interfere with or disrupt the integrity or performance of the App;
• circumvent or manipulate the credit or payment system; or
• use Output Content to deceive others regarding an actual medical or cosmetic procedure, including in a manner that could constitute fraud or misrepresentation to a third party (e.g., a medical provider, insurer, or employer).

7. Content Moderation and Reporting

We may review, and reserve the right to remove, Input Content or Output Content that violates these Terms or that we determine, in our reasonable discretion, to be harmful, abusive, or unlawful. If you encounter content or behavior on the App that you believe violates these Terms, you can report it to us at info@oxamind.com. We will review reports and may take action including content removal, account suspension, or termination.

8. In-App Purchases and Credits

a) Credits

Certain features of the App require the purchase of in-app credits. Credits have no cash value, are non-transferable, cannot be redeemed for cash, and may expire as disclosed in the App at the time of purchase.

b) Payment Processing

All purchases are processed through the Apple App Store or Google Play Store and, on our behalf, RevenueCat, our subscription and purchase management provider. Your purchase is subject to the applicable store’s payment terms and refund policies.

c) Refunds

All purchases are final and non-refundable except (i) as required by applicable law, or (ii) in accordance with Apple’s or Google’s respective refund policies, which are administered directly by Apple or Google and not by OXAMIND. To request a refund, please contact Apple or Google support directly through their standard refund process.

d) Changes

We may change credit pricing, credit costs for features, or introduce or modify subscription offerings at any time. Changes will not affect credits already purchased, except as required to maintain the App’s functionality or comply with law.

9. Intellectual Property Rights

The App, including its design, software, trademarks, logos, and all underlying technology (excluding your Input Content and Output Content), is owned by OXAMIND or its licensors and is protected by intellectual property laws. Except for the limited license to use the App as described in these Terms, no rights are granted to you in our intellectual property.

10. License to Output Content

We grant you a limited, non-exclusive, worldwide, royalty-free license to use, save, and share the Output Content generated from your own Input Content for your personal, non-commercial purposes, subject to Section 5 and Section 6 above. You may not use Output Content in a manner that suggests medical endorsement, clinical validation, or an actual completed procedure.

11. Third-Party Services

The App relies on third-party service providers — including an AI image-processing provider, RevenueCat (our subscription and purchase management provider), and Microsoft Clarity for analytics — to deliver its functionality, as described in our Privacy Policy. Photos and AI-generated visualizations are masked and are never shared with or accessible by Microsoft Clarity. We are not responsible for the acts or omissions of these third-party providers, and your use of any third-party service integrated into the App may be subject to that provider’s own terms.

12. Disclaimer of Warranties

THE APP AND ALL OUTPUT CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT CONTENT WILL ACCURATELY PREDICT OR REFLECT ANY ACTUAL COSMETIC TREATMENT OUTCOME. Nothing in this section limits any warranty that cannot be excluded under applicable consumer protection law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OXAMIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $50. Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law (e.g., liability for gross negligence, fraud, or death or personal injury caused by our negligence, where applicable).

14. Indemnification

You agree to indemnify and hold harmless OXAMIND, its officers, employees, and service providers from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your Input Content, or your violation of any law or third-party right.

15. Term and Termination

These Terms remain in effect while you use the App. You may stop using the App and delete your account at any time through the App’s account deletion feature, which will delete your data as described in our Privacy Policy. We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms, engaged in unlawful conduct, or for operational or legal reasons. Sections that by their nature should survive termination (including Sections 9, 10, 12, 13, 14, and 16) will survive.

16. Governing Law and Dispute Resolution

a) Governing Law

These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-laws principles, except that this choice of law does not deprive you of any mandatory consumer protections you are entitled to under the law of your country or state of residence.

b) Informal Resolution First

Before filing a claim, you agree to first contact us at info@oxamind.com and attempt in good faith to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.

c) Binding Arbitration

If a dispute is not resolved informally, you and OXAMIND agree that it will be resolved through binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as set out in (e) and (f) below. The arbitration will be conducted in Ohio, or, where the amount in dispute permits under AAA’s rules, by videoconference or based on written submissions. The arbitrator’s decision will be final and binding, subject only to the limited judicial review provided by the Federal Arbitration Act.

d) Class Action Waiver

You and OXAMIND agree that any proceeding to resolve a dispute will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class-action waiver is found unenforceable as to a particular claim or dispute, that claim or dispute will proceed in court rather than in arbitration, and the remainder of this Section 16 will continue to apply to all other claims.

e) Small Claims and Injunctive Relief

Either party may bring an individual action in small claims court where the claim qualifies, and either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights or unauthorized access to the App, without first engaging in arbitration.

f) Right to Opt Out

You may opt out of this arbitration provision by sending written notice to info@oxamind.com within 30 days of first accepting these Terms, including your name, account email, and a statement that you wish to opt out of arbitration. If you opt out, any dispute will instead be resolved exclusively in the state or federal courts sitting in Ohio, and you and OXAMIND each consent to the personal jurisdiction of those courts.

g) EEA/UK/Australia Residents

If you are a resident of the European Economic Area, the United Kingdom, or Australia, nothing in this Section 16 limits any right you may have under applicable law to bring proceedings before the competent courts of your country of residence, or any other non-waivable consumer protection right.

17. Export Control and Sanctions Compliance

The App may not be used in, or by any person located in, any country or region subject to comprehensive U.S. trade sanctions or embargo, or by any person or entity on any applicable government restricted-party list. By using the App, you represent that you are not located in, and are not a resident of, any such country or region, and are not on any such list.

18. Apple App Store Terms

If you access the App via the Apple App Store, you acknowledge that these Terms are between you and OXAMIND only, not Apple, and Apple has no responsibility for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App; to the maximum 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 relating to the App, including product liability claims, any claim that the App fails to conform to legal or regulatory requirements, or claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party agreement (e.g., your wireless data service agreement) when using the App. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.

19. Google Play Terms

If you access the App via Google Play, your use is also subject to Google Play’s applicable terms of service. Google is not a party to these Terms and has no responsibility for the App or its content.

20. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice through the App or by other reasonable means. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.

21. General Provisions

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and OXAMIND regarding the App.

Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent.

Force Majeure. We are not liable for any failure or delay resulting from causes beyond our reasonable control.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

22. Contact Us

OXAMIND LLC
Email: info@oxamind.com