Terms of Use

These Terms of Service ("Terms") form a legally binding agreement between Oyster Technologies Ltd ("Oyster," "we," "us," "our") and any individual or entity that accesses or uses our apps, websites, dashboards, widgets, APIs, consultations, marketplace, or related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms and to our Privacy Policy (together, the "Agreement"). If you do not agree, do not use the Services.

• Account: A registered user profile (consumer, vendor, expert, or enterprise) used to access the Services.
• AI Features: Any automated analysis, inferences, recommendations, scores, or outputs (including skin scans and suggested routines).
• Biometric/Facial Data: Facial images and any derived measurements/embeddings/inferences used for skin analysis.
• Consumer: An individual using AI features, purchasing products, or booking consultations.
• Consultation: Advisory services offered by licensed dermatologists/clinicians/estheticians ("Experts") via the Services.
• Content: Text, images, video, audio, code, reviews, UGC, product data, listings, and documentation.
• Expert: A licensed professional who offers Consultations via the Services. Oyster is not a medical provider.
• Marketplace: The platform area where third-party products are listed by Vendors and purchased by Consumers.
• Order: A Consumer's purchase request of products listed by Vendors.
• Personal Data: Any information relating to an identified or identifiable person (including special/sensitive categories).
• Services: The Oyster apps, site(s), dashboards, APIs, widgets, marketplace, and all related features.
• UGC: "User-Generated Content" submitted by users (e.g., photos, progress logs, reviews).
• Vendor: A retailer/brand/manufacturer listing products on the Marketplace.
• You/Your: Any person or entity using the Services.

Interpretation. Headings are for convenience only. Words in the singular include the plural and vice versa. "Including" means "including without limitation."

• Age: You must be 16+. If you are under 18, you confirm you have verifiable parent/guardian consent.
• Business Use: If you use the Services on behalf of a company, you confirm you have authority to bind that entity.
• Experts/Vendors: You represent that you hold all required registrations, licenses, and approvals.
• Territory: We may restrict access in certain jurisdictions. You are responsible for ensuring use is lawful where you are.

• Provide accurate, current, and complete registration details and keep them updated.
• Keep credentials secure; you are responsible for all activity under your Account. Enable 2FA where available.
• We may require KYC/identity/license verification (especially for Vendors/Experts).
• We may suspend/terminate an Account for suspected fraud, abuse, violations, or non-payment.

• AI Skin Analysis & Routines: Upload images to receive non-medical insights and suggested routines.
• Marketplace: Discover and purchase products from independent Vendors; we facilitate payments/logistics.
• Consultations: Access to Experts for advice (video/text). Oyster is not a health care provider.
• Vendor Tools: Product listings, inventory, order management, analytics, and logistics integrations.
• APIs & Widgets: Enterprise features for partners integrating Oyster services.
• Notifications: Reminders, reorder prompts, usage nudges, and marketing (with consent).
• Beta/Experimental: Some features may be designated "beta," provided as-is with reduced support.

By using the Services, you expressly consent to all of the following. Where applicable, we will obtain separate, granular opt-ins in-app:

• Biometric/Sensitive Data: Collection and processing of facial images and inferences (e.g., dryness, acne, pigmentation) for AI analysis and feature delivery.
• Health-Adjacent Data: Processing of self-reported skin concerns, lifestyle, cycle syncing, and consultation notes strictly to power features and improve recommendations.
• AI Improvement: Use of de-identified and/or aggregated data for model training, testing, tuning, analytics, safety evaluation, benchmarking, and product improvement. (Where law requires, we'll ask for specific opt-in and provide opt-out controls.)
• Cross-Border Transfers: Storage/processing on servers outside your country. We may use appropriate safeguards (e.g., standard contractual clauses).
• Communications: Transactional emails/SMS/push notifications. Marketing messages will be opt-in with the ability to opt-out at any time.
• Session Recording: Quality assurance may involve recording support interactions and (with notice/consent) Consultations.
• UGC License: A license (see §13) for us to host, process, display, and promote your UGC in connection with the Services.
• Vendor/Expert Data Sharing: Sharing relevant Order/consultation details with Vendors/Experts to fulfill purchases or provide advice.
• Fraud Prevention: Processing for security, anti-abuse, and fraud detection.
• Personalization: Profiling for recommendations, prioritization, and user experience improvements.

If you do not consent to any of the above, do not use the Services or disable the specific features in settings (where available).

• Not a Medical Device: AI features provide informational suggestions only. Oyster is not a medical device, diagnosis, or treatment.
• No Emergency Use: Do not use for emergencies. Call local emergency services for urgent care.
• Patch Testing & Allergies: Always perform a patch test and consult your clinician for allergies, pregnancy, or medication interactions.
• Consultation Scope: Expert advice is between you and the Expert. Oyster is not part of the clinician-patient relationship and does not practice medicine or pharmacy.
• Results Vary: We do not guarantee outcomes, timelines, or suitability of any products/routines for your specific skin.

• Role: Except where we expressly state otherwise, Oyster acts as a platform/agent facilitating Orders between Consumers and independent Vendors.
• Product Info: Vendors are solely responsible for product accuracy, legality, safety, labeling, and claims.
• Pricing & Availability: May change without notice; errors may be corrected.
• Taxes & Duties: You are responsible for all applicable taxes, duties, and import fees.
• Shipping & Risk of Loss: Shipping handled by Vendors/logistics partners. Risk of loss passes as defined by the Vendor's policy (typically on delivery to you).
• Returns/Refunds: Governed by Vendor policies. We may provide dispute assistance but are not the merchant of record unless expressly stated.
• Prohibited Products: Vendors must not list restricted/illegal items; we may remove such listings.

• Plans: Free tier; Plus (e.g., $10/month); Pro (e.g., $25/month including select consult perks). Exact features and prices may vary by region and change over time.
• Auto-Renewal: Subscriptions auto-renew until canceled (manage in app store or account settings).
• Trials: If your plan includes a free/discounted trial, you'll be charged at the end of the trial unless you cancel before it ends.
• Payment Processing: Handled by third-party processors (e.g., card networks, Paystack/Stripe). You authorize them to charge your payment method.
• Failed Payments: We may suspend/limit access; you remain liable for amounts due.
• Price Changes: We'll give reasonable notice; continued use after effective date constitutes acceptance.
• Refunds: As permitted by law and plan terms; otherwise non-refundable.

• Licensing: Experts represent and warrant valid licensing in their stated jurisdiction(s).
• Independent Providers: Experts act independently; Oyster does not control clinical judgment and is not liable for Expert actions/omissions.
• Records & Privacy: We may host consultation notes solely to deliver features and continuity; Experts must comply with professional and privacy obligations.
• No Rx Fulfilment: Prescriptions, if any, are between you and the Expert; Oyster does not dispense medications.

You agree not to:

• Upload unlawful, harmful, defamatory, obscene, or misleading content.
• Infringe IP or privacy, or upload images of others without lawful permission.
• Scrape, spider, crawl, harvest, or bulk-download content or outputs.
• Reverse-engineer, decompile, or attempt to extract source code, models, or datasets.
• Bypass paywalls, quotas, rate limits, or security measures.
• Train competing AI models on Oyster outputs or create derivative datasets from them.
• Use the Services to discriminate or make adverse decisions about individuals.
• Interfere with or overload the Services, or introduce malware.
• Misrepresent identity, licensing, or affiliation.

We may remove content, throttle usage, or suspend/terminate accounts that violate these rules.

• Oyster IP: The Services, software, AI models, designs, text, graphics, and trademarks are owned by Oyster or its licensors and protected by law. No license is granted except as expressly stated.
• Limited License to You: A revocable, non-exclusive, non-transferable license to use the Services for your permitted, personal or authorized business use.
• Feedback: You grant us an irrevocable, worldwide, royalty-free right to use suggestions/feedback without restriction.

• License to Use Outputs: Subject to these Terms, you may use AI outputs for your personal/internal business purposes.
• No High-Risk Use: Do not rely on outputs where errors could cause harm. Validate before use.
• Attribution/Restrictions: You must not remove notices, watermarking, or attribution embedded in the Service.

• Ownership: You retain ownership of your UGC.
• License: You grant Oyster a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, use, reproduce, modify, adapt, translate, create derivative works, publish, publicly perform/display, and distribute your UGC in connection with operating, improving, and promoting the Services (including across media and marketing).
• Representations: You represent you have all rights to grant this license and that your UGC does not infringe rights or laws.
• Moderation: We may remove or refuse UGC at our discretion.

• Compliance: Vendors must comply with all laws on product safety, labeling, cosmetics regulations, import/export, advertising, pricing, consumer rights, and recalls.
• Accuracy: Vendors are solely responsible for product information, images, ingredient lists, claims, country of origin, and warnings (e.g., allergens).
• Orders & Fulfillment: Vendors must timely fulfill Orders, handle returns, and provide customer support per their policy.
• Fees: Vendors agree to Oyster commissions, listing, subscription, or other agreed fees; we may offset against payouts.
• Payments: We may act as limited payment collection agent. Payout schedules and chargebacks apply per Vendor agreements.
• Audit/Removal: We may audit, delist products, or suspend Vendors for policy or legal violations.
• Indemnity: Vendors indemnify Oyster for claims arising from products, listings, warranties, recalls, or non-compliance.

• Licensure & Standards: Maintain valid licenses/registrations and practice within scope; follow professional guidelines.
• Content & Claims: No false or unsubstantiated medical claims.
• Insurance: Maintain appropriate professional liability coverage (where customary).
• Indemnity: Experts indemnify Oyster for claims arising from consultations or professional services.

• Keys & Security: Keep API credentials confidential; do not share or embed outside provisioned platforms agreed.
• Rate Limits: Respect quotas; no throttling circumvention.
• Data Use: Process end-user data lawfully; provide privacy disclosures and obtain necessary consents.
• Brand Use: No use of Oyster marks without written permission.
• Changes: We may modify/deprecate APIs with reasonable notice; you agree to timely migrations.
• Restrictions: No reselling, white-labeling, or competitive benchmarking without consent.

See our Privacy Policy for full details.

• Legal Bases: We rely on consent, contract performance, legitimate interests, and legal obligations. Special/sensitive categories (e.g., biometrics) rely on explicit consent.
• Data Rights: Access, correction, deletion, objection, and portability as provided by law.
• Security: We use technical/organizational measures but cannot guarantee absolute security.
• Retention: Kept as needed for Services, legal, security, and backup purposes; then de-identified or deleted.

The Services may link to third-party sites or use third-party components (payments, logistics, video). We are not responsible for third-party terms, privacy, or performance.

If you download via app stores, those terms apply; the store provider is a third-party beneficiary of applicable provisions.

Promotional codes, credits, and referral rewards are limited, non-transferable, and subject to specific terms. We may modify or revoke them at any time.

If you believe content infringes your rights, please send a detailed notice (link, description, proof of ownership, contact info, and your good-faith statement) to legal@oysterskin.com. We may remove content and, where appropriate, notify the submitter.

You represent you are not subject to sanctions and will not use the Services in violation of export/sanctions/anti-bribery laws.

THE SERVICES (INCLUDING AI FEATURES, MARKETPLACE, CONSULTATIONS, APIS, BETA FEATURES) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OYSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. OYSTER DOES NOT WARRANT ERROR-FREE OR UNINTERRUPTED OPERATION, OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OYSTER (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE/GOODWILL/USE/OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

AGGREGATE LIABILITY CAP: IN ALL CASES, OYSTER'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID TO OYSTER FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

CARVE-OUTS: Some jurisdictions do not allow certain exclusions/limitations; to the extent prohibited, those provisions shall not apply but the remainder will.

You will defend, indemnify, and hold harmless Oyster (and its affiliates, officers, directors, employees, and agents) from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your UGC; (b) your use of the Services (including AI outputs); (c) your breach of these Terms; (d) your violation of laws or third-party rights; (e) for Vendors/Experts/Enterprise users—your products, services, or integrations.

• We may suspend or terminate your Account or access to Services at any time for any reason, including violations, risk, non-payment, or legal/regulatory necessity.
• You may close your Account at any time; certain features may persist to complete transactions or comply with law.
• On termination, licenses granted to you end; sections that by nature survive (e.g., IP, UGC license to the extent already used, limitations, indemnities, governing law) shall survive.

• We may modify or discontinue features at any time.
• We may update these Terms; we'll provide notice (e.g., in-app, email). Changes become effective on the stated date. Continued use after effectiveness constitutes acceptance.

• Governing Law: Laws of the Federal Republic of Nigeria, without regard to conflict-of-law rules.
• Informal Resolution: Contact us first to try to resolve disputes within 30 days.
• Arbitration: Unresolved disputes shall be finally settled by confidential arbitration in Lagos, Nigeria, under the Arbitration and Conciliation Act (single arbitrator; English; each party bears its own costs, arbitrator may award costs).
• Injunctive Relief: Either party may seek injunctive or equitable relief in courts of competent jurisdiction to protect IP or confidentiality.
• Class Action Waiver: Disputes will be resolved individually; no class actions/class arbitrations to the extent permitted by law.
• Consumer Rights: If mandatory local consumer laws require a different forum or process, those prevail only to that extent.

• Force Majeure: We are not liable for delays/failures due to causes beyond reasonable control.
• Severability: If any provision is held invalid, the remainder remains in force; replace invalid terms with lawful ones closest to intent.
• No Waiver: Failure to enforce a right is not a waiver.
• Assignment: You may not assign without our written consent; we may assign freely (including in connection with merger, acquisition, or sale).
• Entire Agreement: These Terms + Privacy Policy + any applicable supplemental terms are the entire agreement.
• Language: If translated, the English version controls in case of conflict.
• Notices: We may send notices via email, in-app messages, or posting. You may send legal notices to the address below.

We may publish country/region-specific addenda (e.g., EU/UK GDPR addendum; Kenya, Ghana, South Africa, U.S. states). Those terms, if posted, supplement and control for users in those jurisdictions.

Oyster Technologies Ltd

• Legal/Support: legal@oysterskin.com
• Data Protection: data@oysterskin.com