THESE TERMS OF SERVICE (the “Terms”) governs how you (“User”) may use the Platform provided by Modaviti eMarketing Private Limited (“Company”).
Welcome to Orbo AI, We provide beauty AI and skin analysis using facial recognition and detection technology. Before using our services, please read and understand the following Terms of Use:
The SuperTouch mobile app and the SuperEnhance, SuperScan, SuperTouch & Orbo website and its subdomains located at www.superenhance.ai, www.superscan.ai, www.supertouch.ai & www.orbo.ai is a copyrighted work belonging to Modaviti eMarketing Private Limited. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Access to the Site
Subject to these Terms: The company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.
Certain Restrictions: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
Mailing list: When signing up on Orbo.ai, superenhance.ai, supertouch.ai, superscan.ai you are automatically subscribing to our mailing list. You can unsubscribe from the list at any time.
No Support or Maintenance: You agree that the Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms.
User Content: "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy: The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non- proprietary.
Indemnification: You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability:
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
General Representation and Warranty: You represent and warrant that (i) your use of the Services will be in strict accordance with our Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website or Hosted Services will not infringe or misappropriate the intellectual property rights of any third party.
Term and Termination:Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
Purpose of Facial Recognition:
Our facial recognition technology is intended to provide personalized beauty AI and skin analysis services. It analyzes facial features and provides recommendations based on the results. The purpose is to enhance the user experience and provide valuable insights related to skincare and beauty.
Data Collection and Use Consent to Facial Recognition:
By using our services, you consent to the collection and use of facial recognition data as described in this document. We will only collect facial images for the purpose of analysis. We will never store personally identifiable data such as name, address, contact number, or any other personal information.
Data Collection and Use:
We collect and use facial recognition data solely for the purpose of providing and improving our services. This includes analyzing facial features, identifying patterns, and generating personalized beauty recommendations. We may also use aggregated and anonymized data for research and development purposes.
Data Minimization:
We adhere to the principle of data minimization. We only collect and retain the facial recognition data necessary to provide our services. We do not collect or store any personally identifiable information unless explicitly provided by the user during the signup or login process.
Storage of Facial Recognition Data:
We store facial recognition data in a secure manner, using industry-standard encryption and security measures. However, please note that we do not retain the images of users who are not signed up or signed in. We purge or delete such images as soon as their analysis is completed. We store the images of the people who are logged in for up to 24 months.
Data Access to Facial Recognition:
Access to facial recognition data is strictly limited to authorized personnel who require it for the purpose of providing and improving our services. We have implemented appropriate access controls and protocols to ensure the security and confidentiality of this data.
Data Security of Facial Recognition Data:
We prioritize the security of facial recognition data and employ measures to protect it from unauthorized access, loss, or misuse. However, please be aware that no method of transmission or storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.
Privacy Policy:
Our Privacy Policy provides further details on how we collect, use, disclose, and protect your personal information. It explains your rights and choices regarding your data. You acknowledge and agree that the Service involves the processing of facial images or videos. By using the Service, you represent and warrant that you have obtained all necessary consents and permissions for such processing, including any applicable legal obligations concerning the collection, storage, and use of personal data.
Please read our Privacy Policy carefully to understand how we handle your information.
Copyright Policy:
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
● your physical or electronic signature;
● identification of the copyrighted work(s) that you claim to have been infringed;
● identification of the material on our services that you claim is infringing and that you request us to remove;
● sufficient information to permit us to locate such material;
● your address, telephone number, and e-mail address;
● a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
● a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Confidentiality:
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Jurisdiction and applicable law:
This Agreement is governed by the laws of India. The Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India.
Variations:
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Trademark Information: Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of any third party that may own them.
By continuing to use our services, you acknowledge that you have read, understood, and agreed to our Terms of Use and Privacy Policy. If you do not agree with any part of these documents, please refrain from using our services. Please note that our Terms of Use and Privacy Policy may be updated from time to time. We encourage you to review them periodically to stay informed about any changes. If you have any questions or concerns regarding our Terms of Use or Privacy Policy, please contact us at support@orbo.ai.