LEGAL

Terms and Conditions

1. Introduction

1.1. DISINDEX S.R.L., registry code 11611310969, registered office at Via Renzo e Lucia 9, 20142 Milano, Italy (RI/REA: MI-2614128), hereinafter referred to as “we,” “our,” or “us,” operates the Divamea AI-Powered Skincare Intelligence Platform (“Platform”), built with the ECLIXI AI framework. The Platform allows businesses to deploy AI-powered skincare analysis, conversational intelligence, and personalized recommendation systems using computer vision and machine learning algorithms. The Platform is provided solely to businesses and is not intended for consumers. Your use of the Platform is subject to these Terms and Conditions (“Terms”).

1.2. The Platform produces reports and analyses (“Skin Metrics”) that include skin parameters extracted from digital images using computer vision methods. Skin Metrics describe skin’s visual features such as hydration, redness, pigmentation, wrinkle depth, pore visibility, and other dermatological indicators. Please be aware that Skin Metrics are provided for the purposes of demonstrating the capabilities of our computer vision and machine learning algorithms and to support skincare product recommendations.

1.3. Skin Metrics are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Consult with a licensed physician or qualified health care provider for inquiries about medical conditions or treatments, and prior to suggesting or initiating any new health care regimen.

2. Conditions of Use

2.1. Subject to all limitations and restrictions contained herein, we grant you a non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms and any applicable service agreement.

2.2. You understand and agree that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.

2.3. You hereby represent and warrant that all images and data processed through the Platform have been obtained lawfully, your use of the Platform is compliant with applicable data protection laws (including GDPR), and you have all the necessary rights and consents to process personal data related to the images and information submitted.

2.4. You may not sell, modify, re-use, re-sell, distribute, reproduce, or make any other unauthorized use of the Platform, its outputs, or Skin Metrics, except as expressly permitted under your service agreement.

2.5. You may not use demo or trial accounts for any commercial purposes.

2.6. You may not reverse engineer, decompile, or disassemble the Platform or modify or falsely imply that you are associated with the Platform. You may not use any robot, scraper, or other automated means to access the Platform or extract data without our express written permission.

2.7. No ownership or exclusive intellectual property rights to the Platform are granted to you through your use of the Platform.

2.8. You use the Platform entirely at your own risk, for which we shall not be liable except as expressly stated in these Terms.

2.9. You own all right, title, and interest in and to the data and images you upload to our Platform, subject to our rights as set forth below. You grant us the right to use, reproduce, modify, and distribute uploaded data and images as necessary to transmit, store, encrypt, calculate, anonymise, and analyse the data, and to create and distribute the Skin Metrics reports. We shall own all anonymized data, including any calculations, features, models, or other derivatives created from the data and images uploaded by you to our Platform.

2.10. We reserve the right to suspend or terminate your account and your use of the Platform if you violate these Terms or any applicable service agreement.

3. Account

3.1. You are responsible for all activity that occurs under your account. You are responsible for maintaining the security of your account credentials. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this obligation. You shall promptly notify us if you become aware of any unauthorized use of, or access to, your account.

3.2. Changes to the account can be requested only by using the email address provided during the sign-up process or through the designated account management channels.

4. Intellectual Property Rights

4.1. All intellectual property rights in the components of the Platform, including the ECLIXI AI framework, any upgrades, additions, corrections, and improvements thereto, and in any proprietary software made available by us, will at all times remain our property and/or the property of the licensor who has granted us the respective licence. The intellectual property rights in all software developments (APIs, applications, algorithms, machine learning models, methods, etc.) created by us will remain with us.

5. Personal Data

5.1. You undertake to comply with all applicable personal data protection legislation, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”). You may only upload images and data to the Platform that you have lawfully acquired and for which you hold the necessary consents. Please refer to our Privacy Policy for details on how we process personal data.

6. Disclaimer of Warranties

6.1. We provide the Platform on an “as is” and “as available” basis, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Platform, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

6.2. We do not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform is accurate, reliable, or correct; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of the Platform.

7. Limitation of Liability

7.1. To the extent permitted by applicable law, we are not liable for loss or damage incurred by: (i) your use or inability to use the Platform or Skin Metrics; (ii) any modification, suspension, or discontinuance of the Platform; (iii) the software or systems that make the Platform available; (iv) unauthorized access to or alterations of your data and images; (v) errors or computer viruses transmitted through the Platform; (vi) improper use of the Platform for personal or medical use; or (vii) any other matter relating to the Platform.

7.2. Our liability is limited to direct patrimonial damages caused to you as a result of our intentional or gross negligent breach. Under no circumstances will we be liable for loss of your profit. To the extent permitted by applicable law, we are not liable for any claims of third parties relating to the Platform.

7.3. We will have no liability for any failure or delay due to matters beyond our reasonable control. Our maximum aggregate liability is limited to the amount of EUR 100 or the actual damages, whichever is lesser.

7.4. The limitations and exclusions of liability set out under these Terms shall not apply in cases and to the extent where such liability cannot be excluded or limited under applicable law.

8. Indemnification

8.1. You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, and expenses arising out of your use of the Platform, including, but not limited to, your violation of applicable data protection legislation.

9. Changes to these Terms

9.1. We reserve the right, at our sole discretion, to amend these Terms at any time, in particular if amendments are necessary to comply with legal obligations, due to changes in the Platform, or any other ordinary business activities.

9.2. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.

10. Applicable Law and Dispute Resolution

10.1. These Terms and any documents relating thereto are governed by and shall be construed in accordance with the laws of the Italian Republic.

10.2. All disputes arising from or related to these Terms or the use of the Platform will be settled by way of negotiations. If an amicable settlement cannot be reached, the dispute shall be settled in the courts of Milano, Italy.