Perfect Corp. ("Perfect", "we" or "us") provides Skincare Pro Skin Analysis and Skincare Pro Aesthetic Simulation ( collectively the "Service"), a services based on artificial intelligence to detect certain skin concerns on User's ("You", "Your" or "User") face, to You. You agree with following Term of Use in order to access to the Service. We may modify this mobile app from time to time as we expand our services and these Terms of Service will govern those updates, or new features on the mobile app when added. You may be accessing the Service through a smart mobile device or a computer from clinic cooperating with Perfect and these Terms of Service will govern your use of our mobile app and your conduct, regardless of the means of access to the Service. YOU UNDERSTAND THAT BY USING THIS SERVICE AND/OR REGISTERING AN ACCOUNT, OR BY CONTINUING TO USE THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, YOU AGREE TO OUR PRIVACY POLICY AND THAT YOU HAVE READ IT AND AGREED, AND WOULD LIKE TO PROCEED. YOU MAY UN-CHECK IT IF YOU DO NOT AGREE.

Unless explicitly stated otherwise, any use of the Service shall be subject to this Term of Use. User of the Service have to submit a photo or scan of their face for the Service to analyze. Your photo or scan will be stored by us in order to provide you with analysis result and comparison, or face simulation. This Service offers private cloud storage for You when You decide to become a member of a clinic. You understand and agree that the Service are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by Law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information.

All user who use the Service will need to submit their name, date of birth and scan or photo to start the Service, you may also be required to provide information other than name, date of birth, and photo to us, for example phone number, and email address (Data). You are responsible for the Data you submit to us. You acknowledge that you have ownership over the Data and You are legally eligible to submit the Data. You agree Perfect to collect the result of examination for the purpose of providing you personalized comparison service. In the event you and/or your clinic requires technical support from Perfect, your clinic will be asked to add one or more technical support account via our Service, and you hereby expressly consent to authorize the technical support account full permission to view your Data, settings and/or result of examination solely for the purpose of providing necessary assistance and/or trouble shooting. If you believe any personal information you submitted is incorrect and you want to correct it, please contact the clinic you visit to modify or delete such personal information. The service is provided to adult, Perfect reserves the right to delete any Data that belongs to minor who is under age of 16. You further acknowledge that Perfect reserve the right to eliminate any Data that violating third parties' right, or any law or regulation.

The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Service:

• Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Perfect Content or that enforce limitations on use of the Service or the Perfect Content therein.;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
• Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
• Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Perfect;
• Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;
• Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Perfect's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Attempt to probe, scan or test the vulnerability of the Service or any Perfect system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
• Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;
• Collect or store personal data about other Users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;
• Use the Service in any manner not permitted by this Agreement;
• Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
• Harm or attempt to harm minors in any way;
• Stalk or otherwise harass another, or attempt to do the same;
• Use the service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Perfect parties"), or any customer of or supplier to a Perfect party;
• Resell or redistribute the Service, or any part of the Service;
• Use automated devices, manual processes, or scripts to copy or "scrape" Perfect Content for any purpose without Perfect's express written permission;
• Replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology; or
• Use the Service (directly or indirectly) to create datasets to train neural networks or create templates for third party photo editing services.
• Use the simulation result of the Service as reference to demand treatment or similar conduct from any medical institution or similar organization.

You acknowledge that we generally do not pre-screen any User Submissions you make except for certain functions, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Service. You acknowledge and agree that we may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Perfect, its Service Users, customers, suppliers, attendees and/or the public. You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, services or devices.

• We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Please aware that if you want to terminate the Service you need to contact the clinic you visit. There is no need to contact Perfect to terminate or cancel the Service. Only contact the following email address regarding deletion of your personal information when clinic do not respond to your deletion inquiry, appsupport@perfectcorp.com.
• Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by Law, Perfect is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Perfect will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
• Any suspension, termination or cancellation will not affect your obligations to Perfect under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

a. Content

• Perfect and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service and the trademarks, service marks and logos contained therein. Perfect reserves all rights not expressly granted in and to the Service. You agree not to engage in the use, copying, distribution or modification of any of the Perfect Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.
• Clinic has the ownership of report produced by the Service. You grant Perfect the right to use Your Data in report for analytic purpose.

b. User Submissions

• License Grant. Perfect does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Perfect, you hereby expressly grant Perfect a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites for all purposes including but not limiting to commercial use and purposes. Perfect will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for Perfect, including all worldwide intellectual property rights therein. You expressly agree that Perfect shall have no obligation to pay any fees or royalties for the use of the User Submission or for any other rights granted hereunder.
• Limitations. You acknowledge and agree that Perfect may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on Perfect's servers. Perfect will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.
• Disclaimer. Perfect has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. Perfect does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Perfect with respect thereto.
• Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to copyright@PerfectCorp.com.

YOUR USE OF THE SERVICES, PERFECT CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFECT DISCLAIMS ANY WARRANTIES:

• REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, PERFECT CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF;
• THAT THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR
• IN CONNECTION WITH OR RESULTING FROM :
  
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, PERFECT CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFECT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You agree to defend, indemnify and hold harmless Perfect (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Services therein; (b) your violation of any term of these Terms of Service; (c) a breach of your representations and warranties set forth above regarding Your Data; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Data you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Service and your misuse of this app and the Services herein.

IN NO EVENT SHALL PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

• YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF,
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS),
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR,
• ANY ERRORS OR OMISSIONS OR INADVERTENT DAMAGE, CORRUPTION OR LOST IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE PERFECT IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM.

You agree to defend, indemnify, and hold Perfect, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, Perfect Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.

Perfect reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after Perfect makes any such modification, you agree to be bound by the revised Terms of Service. To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service.

Any claim or dispute related to these Term of Service may not be brought by you unless brought within one year and settled through arbitration in [Taiwan]. The one-year period begins on the date when the claim first could be filed. If it is not brought within that period, then that claim is permanently barriers. This applies to You and Your successors and assigns permitted.

These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan without regard to conflict of law principles. You and Perfect hereby irrevocably consent that any legal action or proceeding arising under or in connection with these Terms of Service must be submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Perfect, by an authorized officer). You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Perfect and any prohibited assignment will be null and void. Perfect may assign these Terms of Service or any rights hereunder without your consent. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Perfect's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Perfect. These Terms of Service together with constitute the entire agreement between Perfect and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Perfect via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact appsupport@perfectcorp.com or to such other addresses as Perfect may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.