Terms of Service

These Terms of Service ("Terms") are an agreement between you and [COMPANY NAME] [ABN [ABN NUMBER]] ("Porio", "we", "us", or "our"), covering your use of the Porio mobile application, our website, and any related features, content, and services (together, the "App").

By creating an account or using the App, you agree to these Terms. If you don't agree, please don't use the App.

1. About Porio

Porio uses artificial intelligence to analyse photographs of your skin and provide general, personalised information and skincare suggestions. The App is a cosmetic and informational tool. It is not a medical device and does not provide medical, diagnostic, or treatment services.

2. Eligibility

You must be at least 16 years old to use the App. If you are under 18, you may only use the App with the involvement and consent of a parent or guardian, who must agree to these Terms on your behalf. By using the App you confirm that you meet these requirements. We may restrict or remove access for users who do not.

3. Not medical advice

Key points:

• The information, observations, scores, and suggestions the App provides are for general informational and cosmetic purposes only.
• They are not a diagnosis, treatment, cure, or prevention of any skin condition, disease, or health issue, and are not a substitute for professional advice from a qualified dermatologist, doctor, or other healthcare provider.
• Skin varies from person to person, and products affect people differently. Always patch-test new products and consult a healthcare professional about any concern relating to your skin or health, especially before starting or stopping any treatment.
• If you notice a new, changing, painful, or concerning skin feature (for example a mole or lesion that is changing), see a doctor. The App is not designed to detect skin cancer or any other medical condition, and should never be relied on for that purpose.
• If you think you have a medical emergency, contact your local emergency services immediately.

4. AI analysis and its limitations

Porio's analysis is generated by automated systems and is inherently limited. We do not guarantee that any analysis, score, recommendation, or prediction is accurate, complete, or suitable for you. Results can be affected by lighting, camera quality, photo angle, and many other factors. You use the App's outputs at your own discretion and risk.

5. Your account

To use some features you may need to create an account and provide accurate information. You are responsible for keeping your login details secure and for activity that happens under your account. Tell us promptly at [CONTACT EMAIL] if you believe your account has been accessed without your permission.

6. Your photos and content

When you upload photos or other content to the App:

• You keep ownership. Your photos remain yours.
• You grant us a limited licenceto store, process, and analyse your photos and related information solely to provide the App's features to you (for example, to generate your analysis and track changes over time), and to operate, maintain, and improve the App.
• Our handling of your photos and personal information is described in our Privacy Policy, which forms part of these Terms. Because facial photos may be treated as sensitive information under applicable privacy laws, please read it carefully.
• You confirm that you have the right to upload any content you submit, and that it does not infringe anyone else's rights.

If we use any data to improve our models or services, we will only do so as described in the Privacy Policy and as permitted by law.

7. Acceptable use

You agree not to:

• use the App for anything unlawful, or upload content that is illegal, abusive, hateful, obscene, or that infringes others' rights;
• upload photos of anyone other than yourself without their consent;
• copy, modify, reverse engineer, decompile, resell, or create derivative works from the App;
• attempt to disrupt, overload, or gain unauthorised access to the App or its systems, or introduce malicious code;
• scrape or extract data from the App, or use it to build a competing product.

Breaching this section may result in immediate suspension or termination of your access.

8. Subscriptions, billing, and free trials

Some features require a paid subscription.

• Where you're billed:Subscriptions bought through the App are processed and billed by Apple's App Store or Google Play under their terms, using the payment method on your store account.
• Auto-renewal: Subscriptions automatically renew for the same period at the then-current price unless you cancel at least 24 hours before the current period ends. Your account is charged for renewal within 24 hours before the period ends.
• Free trials: If your subscription includes a free trial, it automatically converts to a paid subscription when the trial ends unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you buy a subscription.
• Managing and cancelling: You manage and cancel subscriptions in your Apple or Google account settings, not within the App. Deleting the App does not cancel a subscription.
• Price changes: We may change subscription prices. Where required, we will notify you and seek your consent before a change takes effect.
• Refunds:Payments are generally non-refundable except where required by law (including the Australian Consumer Law) or by the applicable app store's policies. Refund requests for store purchases are handled by Apple or Google.

9. Intellectual property

The App and all of its content (software, design, text, graphics, logos, the Porio name, and other materials) belong to us or our licensors and are protected by intellectual property laws. We grant you a personal, limited, revocable, non-transferable, non-exclusive licence to use the App for your own personal, non-commercial use under these Terms. All rights not expressly granted are reserved.

10. Third-party services

The App relies on and may link to third-party services (for example Apple, Google, our hosting and infrastructure providers, and the AI providers that power the analysis). We don't control those services and aren't responsible for them; your use of them may be governed by their own terms and privacy policies.

11. Disclaimers

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, secure, error-free, or that results will meet your expectations. You use the App at your own risk.

12. Limitation of liability

To the maximum extent permitted by law, and subject to the "Australian Consumer Law" section below, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or connected with your use of (or inability to use) the App. To the extent we are found liable, our total liability arising out of or relating to the App is limited to the greater of the amount you paid us in the 12 months before the claim, or AUD $100.

We are not liable for any personal injury or harm resulting from your use or misuse of the App, including any decision you make based on its outputs, to the extent permitted by law.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If we are liable for a failure to comply with a consumer guarantee that cannot be excluded, our liability is limited (where the law allows) to, at our option, resupplying the relevant service or paying the cost of having it resupplied.

14. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, liabilities, and reasonable legal costs arising from your breach of these Terms or your misuse of the App, to the extent permitted by law.

15. Changes to these Terms and to the App

We may update these Terms from time to time. If we make material changes, we'll take reasonable steps to notify you (for example, in the App or by email). Continuing to use the App after changes take effect means you accept the updated Terms. We may also change, suspend, or discontinue any part of the App at any time.

16. Termination

You can stop using the App at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the App. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnity) will survive.

17. Governing law

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

18. Contact

Questions about these Terms? Contact us at [CONTACT EMAIL].