TofA Apps Terms And Conditions

IMPORTANT - READ CAREFULLY: This agreement ("Terms") is a legally binding agreement between you and TofA Apps, covering your use of our website ("Website") and the TofA Apps application ("App"), together "Services". We will refer to ourselves in this Agreement as "we", "our", "us" or "TofA Apps".

You must read these Terms carefully before accessing or using the Services.

Your use of the Services is conditional on your acceptance of these Terms. By using or continuing to use the Services, you agree to be bound by these Terms. If you do not agree to all these Terms, then do not use the Services.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. Accounts

1.1 Account Creation

In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Services

2.1 Permission to Use

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own personal, non-commercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or as permitted by functionality in the Services, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

2.3 Ownership

Excluding any User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms.

3. User Content

3.1 User Content

"User Content" means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile, postings, imported videos, or collections). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others.

3.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to us and our affiliates an irrevocable, 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, for the purposes of including your User Content in the Services, improving or modifying the Services, and marketing or promoting the Services.

3.3 Acceptable Use Policy

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, or otherwise objectionable, (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.

4. Beauty Videos and Product Information

All beauty videos and product information on our Services are provided for general information only and may be provided by other users, brands, content creators, or third-party sources. Without limiting anything else herein, we do not review, screen or verify all videos, products, or recommendations before they are posted or displayed, so there may be some inappropriate, incorrect, or unsafe content, products, or beauty techniques. The videos, product recommendations, and other information provided via the Services are not intended to amount to professional advice on which you should rely. Any use of or reliance on any video content, product information, or beauty techniques provided via the Services is at your own risk.

We make no statements, whether express or implied, about the accuracy, quality, safety, suitability, or fitness for purpose of videos, products, or beauty techniques published on the Services. Therefore: (i) you should verify any unusual or novel products, ingredients, or beauty techniques by referring to other sources and consulting with qualified professionals; (ii) you should comply at all times with product instructions, safety warnings, and any health or safety notices issued by manufacturers or applicable authorities; (iii) you should not expect the Services to identify or explain risks contained in beauty products, application methods, or techniques; and (iv) if you have sensitive skin, allergies, or medical conditions, we advise that you consult with a dermatologist or other appropriate medical professional before using products or techniques from the Services, particularly in respect of health and safety.

5. Affiliate Links and Product Purchases

The Services may contain affiliate links to third-party retailers, brands, and e-commerce platforms. When you click on these affiliate links and make a purchase, we may receive a commission from the retailer at no additional cost to you. These affiliate relationships do not influence our content or recommendations, and we are not responsible for the products, services, or actions of third-party retailers.

We do not manufacture, distribute, or sell any products featured on the Services. All product purchases are made directly with third-party retailers, and their terms and conditions, privacy policies, return policies, and customer service policies apply. We are not responsible for product quality, shipping, returns, refunds, or any disputes arising from purchases made through affiliate links. You should review each retailer's policies before making a purchase.

Product prices, availability, and descriptions are subject to change without notice. We make no warranty regarding the accuracy of product information, pricing, or availability displayed on the Services or on third-party retailer websites.

6. Third-Party Links & Content

The Services may contain links to third-party websites, services, videos, and content, and/or display advertisements for third parties. Such third-party links and content are not under our control, and we are not responsible for any third-party links, videos, or content. We provide access to these third-party links and content only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party content. You use all third-party links and content at your own risk.

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, 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 WARRANTY THAT THE SERVICES 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.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (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 INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR USE OR FAILED USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY ($50) US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

9. Term and Termination

Either party may terminate these Terms with immediate effect by giving written notice to the other party if the other party breaches these Terms. You may terminate these Terms or cancel your subscription at any time and without cause by using the online account management features. Upon termination of these Terms, your right to access the Services ceases.

10. General

10.1 Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

10.2 Contact Information

If you have any questions about these Terms, please contact us at: support@tofaapps.com