Terms of Service
Last Updated: August 17, 2026
Please review these Terms and Conditions of Use (“Terms”) carefully before using the services offered by Glowera (“Glowera,” “we,” “us,” or “our”). These Terms form a legally binding agreement between Glowera and you (“you” or “your”), governing your use of the website located at https://glowera.health (the “Website”), the Glowera mobile application (the “App”), and all related services, including all information, text, graphics, software, analyses, scores, reports, images, and communications we provide (the “Content”). The Website, the App, the Content, and our services are collectively referred to as the “Services.”
PLEASE READ SECTION 2 (IMPORTANT DISCLAIMERS — NO MEDICAL ADVICE), SECTION 5 (FACIAL IMAGES, BIOMETRIC DATA, AND AI PROCESSING), AND SECTION 6 (AI-GENERATED IMAGES AND SIMULATIONS) BEFORE UPLOADING ANY PHOTOGRAPH OR IMAGE OF YOURSELF. BY UPLOADING AN IMAGE, YOU EXPRESSLY CONSENT TO THE COLLECTION, PROCESSING, AND DISCLOSURE OF THAT IMAGE AND OF FACIAL GEOMETRY DERIVED FROM IT TO THIRD-PARTY ARTIFICIAL INTELLIGENCE PROVIDERS, INCLUDING PROVIDERS LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE, FOR THE PURPOSES DESCRIBED IN THESE TERMS.
THE SERVICES ARE PROVIDED FOR ENTERTAINMENT, GENERAL EDUCATION, AND SELF-EXPLORATION PURPOSES ONLY. THE SERVICES ARE NOT A MEDICAL DEVICE, ARE NOT A DIAGNOSTIC TOOL, AND DO NOT PROVIDE MEDICAL, DERMATOLOGICAL, SURGICAL, PSYCHOLOGICAL, NUTRITIONAL, OR ANY OTHER PROFESSIONAL ADVICE. NO PHYSICIAN—PATIENT OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES.
This is a subscription service that automatically renews. We also aim to provide information about our Subscription Policy at or near the point of purchase. Please read these Terms carefully — in particular, Section 11 (“Payments, Subscriptions, Refunds, and Chargebacks”) — and the Subscription Policy before starting a free trial or completing a purchase for any auto-renewing subscription. To avoid being charged, you must cancel your subscription or free trial at least 24 hours before the end of the free trial period or the current subscription period. If you are unsure how to cancel a subscription or free trial, please visit the Apple Support page, Google Play Help page, or any other relevant app store support page, or visit our Website, depending on where you purchased your subscription. Deleting the App does not cancel your subscriptions or free trials.
Important notice regarding arbitration for U.S. customers: when you agree to these Terms, you are agreeing (with limited exceptions) to resolve any dispute between you and Glowera through binding, individual arbitration rather than in court, and you are waiving your right to a jury trial and your right to participate in a class, collective, consolidated, or representative action. Please review Section 18 (“Mandatory Binding Arbitration, Mass Arbitration Protocol, and Class Action Waiver”) carefully for details, including the procedure for opting out of arbitration within thirty (30) days.
These Terms also contain important disclaimers (Sections 2 and 3), assumption of risk and release (Section 13), disclaimers of warranties (Section 15), limitation of liability (Section 16), and a contractual limitations period (Section 17).
1.1. These Terms establish a legally binding contractual relationship between you and Glowera. Please read them carefully before using the Services. By accessing the Services, creating a Profile, uploading any image, starting a free trial, or making any Purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2. Please also review our Privacy Policy, available at https://glowera.health/privacy-policy, our Biometric Data Policy, available at https://glowera.health/biometric-data-policy, and our Refund Policy, available at https://glowera.health/refund-policy. Those policies, along with any supplemental terms, policies, or documents that may be posted on the Services from time to time, are expressly incorporated into these Terms by reference and form part of your agreement with us.
1.3. We may update these Terms at any time by posting the revised version on this page of the Website. We may notify you of significant changes by email or by posting a notice within the Services, but except where applicable law requires otherwise we are not obligated to do so for every change. Other updates will be reflected only by changing the “Last Updated” date at the top of these Terms, and to the maximum extent permitted by applicable law you waive any right to receive individual notice of each such change. If you do not agree to the updated Terms, you must stop using the Services and cancel any active subscription. Your continued use of the Services after any changes have been posted means you accept the revised Terms. Material changes to Section 18 (Arbitration) will not apply retroactively to Disputes of which we had actual notice on the date of the change.
1.4. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP, DO NOT UPLOAD ANY IMAGE, AND DO NOT OTHERWISE ACCESS OR USE THE SERVICES.
1.5. Certain provisions of these Terms apply only to residents of specific jurisdictions. Where a provision is stated to apply to residents of a particular jurisdiction, it applies only to those residents and does not expand the rights of any other user.
2.1. Not a medical service. The App and the Services provide general interest, entertainment, and educational content relating to appearance, grooming, skincare habits, and general wellness. We are not a healthcare provider, a medical practice, a clinic, a pharmacy, a laboratory, a telehealth service, or a licensed professional of any kind. We do not offer or provide any kind of medical advice, diagnosis, treatment, prescription, referral, triage, screening, monitoring, or other healthcare service, including without limitation any testing, diagnosis, or evaluation related to physical, dermatological, dental, ophthalmological, endocrine, nutritional, or mental health.
2.2. Not a medical device. The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease, condition, or disorder. The Services have not been evaluated, reviewed, cleared, approved, certified, registered, or authorized by the United States Food and Drug Administration, the European Medicines Agency, any notified body, any national competent authority, or any other regulatory agency, and are not CE-marked as a medical device. Nothing produced by the Services constitutes a medical determination.
2.3. No detection of disease. The Services do not and cannot detect, identify, screen for, rule out, or assess the risk of any medical condition, including without limitation skin cancer, melanoma, basal or squamous cell carcinoma, precancerous lesions, moles, infections, rosacea, eczema, psoriasis, acne of any grade, hormonal disorders, autoimmune conditions, allergic reactions, nutritional deficiencies, dental or oral disease, eye disease, neurological conditions, facial asymmetry of pathological origin, or any other disease or disorder. Any observation, score, label, description, or image produced by the Services must never be relied upon to detect, exclude, or evaluate any medical condition. If you observe any change to your skin, face, or body, or have any health concern whatsoever, you must consult a physician, dermatologist, or other qualified healthcare professional promptly and independently of the Services.
2.4. No professional relationship. Your use of the Services does not create a physician—patient, therapist—client, dietitian—client, trainer—client, or any other professional or fiduciary relationship between you and Glowera or any of its personnel, contractors, or content contributors. No communication through the Services, including through customer support, constitutes professional advice.
2.5. Always seek professional advice. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition, a cosmetic or surgical procedure, a skincare product or ingredient, a supplement, a diet, or an exercise regimen. Never disregard professional medical advice, and never delay seeking it, because of anything you have read, seen, scored, or accessed through the Services. Do not start, stop, or modify any treatment, medication, product, procedure, or regimen on the basis of the Services.
2.6. Cosmetic and surgical procedures. Nothing in the Services is a recommendation, endorsement, referral, prescription, or suitability assessment for any cosmetic, aesthetic, dermatological, injectable, laser, or surgical procedure, including without limitation rhytidectomy (facelift), blepharoplasty, rhinoplasty, botulinum toxin injection, dermal fillers, thread lifts, chemical peels, or any other intervention. Any decision to pursue such a procedure is yours alone and must be made only in consultation with an appropriately licensed and qualified practitioner who has examined you in person. We disclaim all liability arising from any procedure you elect to undergo.
2.7. Third-party views and references. Any ideas, suggestions, tips, routines, or recommendations provided through the Services reflect the views of their respective authors or sources and not necessarily those of Glowera. References to any third-party authors, experts, professionals, clinicians, studies, publications, or brands within the Services do not constitute an endorsement or sponsorship by those parties of Glowera or any of its products or services, and do not indicate that any third party authorizes, supports, endorses, or sponsors Glowera or any of its offerings.
2.8. Emergencies. The Services are not designed for and must not be used in a medical emergency. If you believe you are experiencing a medical emergency, call your local emergency number or go to the nearest emergency department immediately.
2.9. Entire reliance at your own risk. The Services are not a substitute for professional medical, dermatological, surgical, psychological, dietary, fitness, cosmetic, or other health-related advice, diagnosis, or treatment. You use the Services and rely on any Content provided through them entirely and exclusively at your own risk.
3.1. All analyses, scores, ratings, percentages, rankings, comparisons, archetypes, labels, descriptions, reports, routines, recommendations, and generated images produced by the Services are provided solely for entertainment, general interest, and self-exploration purposes. They are generated by automated software, including machine-learning and generative artificial intelligence systems, operating on limited inputs of variable quality.
3.2. Outputs are subjective, approximate, and may be wrong. Beauty, symmetry, proportion, skin quality, age estimation, and similar assessments are inherently subjective, culturally contingent, and not capable of objective measurement. Any numerical score, percentile, grade, or comparative statement produced by the Services is an arbitrary, non-scientific, illustrative construct with no clinical, diagnostic, scientific, professional, or predictive validity of any kind. It is not an objective assessment of your appearance, attractiveness, health, age, genetics, or worth, and it must not be interpreted or relied upon as such.
3.3. Automated systems produce errors. You acknowledge that automated and AI systems can and do produce results that are inaccurate, incomplete, inconsistent, biased, unrepresentative, misleading, offensive, or entirely fabricated, and that outputs may vary materially between sessions for the same input. Lighting, camera quality, angle, expression, image compression, makeup, filters, and countless other factors affect outputs. We do not review, verify, validate, or correct outputs before they are shown to you.
3.4. No results guarantee. We make no guarantee, representation, or warranty of any kind regarding the level of success, improvement, change, or results you may experience by following any advice, routine, suggestion, or strategy presented through the Services. Any testimonial, before-and-after depiction, case study, review, or example appearing in the Services or in our marketing is illustrative only, is not typical, and does not guarantee that you will achieve comparable or any results. You accept the risk that results will vary from individual to individual and that you may experience no result at all.
3.5. To the maximum extent permitted by applicable law, you agree that no output of the Services shall constitute a representation, warranty, guarantee, or actionable statement of fact by Glowera, and that you will not bring any claim founded on reliance upon any such output.
4.1. Minimum age. The Services are intended solely for adults. You must be at least eighteen (18) years of age to access or use the Services, to create a Profile, or to upload any image. By using the Services, you represent and warrant that you are at least eighteen (18) years old and have full legal capacity to enter into these Terms. We do not knowingly collect any information, image, or biometric identifier from any person under the age of eighteen (18). If we learn or reasonably suspect that a user is under eighteen (18), we will terminate the Profile and delete the associated data without notice and without any refund obligation.
4.2. No images of minors. You must not, under any circumstances, upload, submit, or process through the Services any photograph or image depicting any person under the age of eighteen (18), whether or not that person is you and whether or not you are their parent or guardian. This prohibition is absolute and admits no exception. Any attempted upload of an image of a minor is a material breach of these Terms, will result in immediate termination without refund, and may be reported to the applicable authorities.
4.3. In order to use certain features of the Services, you may be required to create a profile within the App or on the Website (“Profile”) and provide certain information about yourself as prompted by the registration form or quiz.
4.4. If you create a Profile, you represent and warrant to Glowera that: (a) all required registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information and update it as needed; and (c) your use of the Services does not violate any applicable law, regulation, or these Terms. If you provide inaccurate or incomplete information, the Services may not function correctly, outputs will be less reliable, and we may not be able to contact you with important notices. You bear all consequences of providing inaccurate information.
4.5. We reserve the right, in our sole discretion, to suspend, restrict, or terminate your Profile, or your access to the Services, with or without prior notice and without refund, if we believe you have breached these Terms, presented a risk to us or to other users, or engaged in fraudulent, abusive, or unlawful conduct.
4.6. You are responsible for maintaining the confidentiality of your Profile login credentials and for all activities that occur under your Profile, whether or not authorized by you. You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your Profile, or any other security breach. Glowera will not be liable for any loss or damage arising from your failure to protect your login information or from any activity conducted under your credentials.
4.7. By using the Services, you agree to receive certain communications from Glowera, such as service updates, transactional messages, periodic newsletters, marketing communications, and push notifications, by email, SMS, in-app message, or push notification. You can opt out of non-essential communications at any time by unsubscribing from emails or adjusting your device notification preferences. You may not opt out of transactional and legal notices while you maintain an active Profile or subscription.
THIS SECTION DESCRIBES HOW YOUR FACE IS COLLECTED, ANALYZED, TRANSMITTED TO THIRD PARTIES, AND USED. READ IT IN FULL BEFORE UPLOADING ANY IMAGE. YOUR CONSENT UNDER THIS SECTION IS A CONDITION OF USING THE IMAGE-BASED FEATURES OF THE SERVICES.
5.1. What we collect. When you use the image-based features of the Services, you may upload, capture, or otherwise submit photographs, video frames, or other images depicting your face and, in some cases, other parts of your body (“Images”). From those Images, our systems and those of our service providers may derive and compute measurements of your facial features, including: the positions of facial landmarks; distances, ratios, proportions, and symmetry values between them; skin tone, texture, and surface metrics; estimated age range; expression and head-pose data; and other derived measurements and metadata (collectively with the Images, “Facial Data”).
5.1.1. What we do not do. Glowera does not create a faceprint, facial recognition template, or biometric identity vector from your Images. We do not use Facial Data to identify or authenticate you, to match you against any database, watchlist, or other user, to determine or verify your identity, or for any surveillance purpose. The measurements described in Section 5.1 are computed solely to characterize the appearance of the face in the Image for the purposes set out in Section 5.2, and are not retained or used in any form capable of being matched against another image for identification.
5.1.2. Legal characterization. To the extent that any element of Facial Data constitutes a “biometric identifier,” “biometric information,” “biometric data,” “scan of face geometry,” or “special category of personal data” under any applicable law, this Section 5 constitutes the written notice required in respect of it, and your consent under Section 5.9 or 5.11 constitutes the release or explicit consent required in respect of it. Nothing in this Section is an admission that any particular element of Facial Data falls within any such definition.
5.2. Purposes of processing. You expressly authorize and consent to our collection, capture, receipt, storage, use, analysis, transformation, and disclosure of your Facial Data for the following purposes: (a) generating the analyses, scores, reports, descriptions, and personalized content that constitute the Services; (b) generating modified, enhanced, aged, de-aged, retouched, restyled, simulated post-procedure, or otherwise altered images of you, including images depicting a simulated “facelift,” simulated cosmetic improvement, simulated skincare progress, or simulated future appearance (“Generated Images”); (c) operating, securing, debugging, and maintaining the Services; (d) preventing fraud, abuse, and unauthorized access; (e) complying with legal obligations and enforcing these Terms; and (f) any other purpose disclosed to you at the point of collection.
5.3. EXPRESS CONSENT TO DISCLOSURE TO THIRD-PARTY AI PROVIDERS. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND CONSENT THAT, IN ORDER TO PROVIDE THE SERVICES, Glowera WILL TRANSMIT, DISCLOSE, DISSEMINATE, AND OTHERWISE MAKE AVAILABLE YOUR IMAGES AND OTHER FACIAL DATA TO THIRD-PARTY SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION:
You acknowledge that this transmission and disclosure is necessary for the Services to function, that AI Providers may be located in, and may process your Facial Data in, countries outside your country of residence (including the United States and other jurisdictions that may not provide an equivalent level of data protection), and that AI Providers process Facial Data subject to their own terms and privacy practices. If you do not consent to this disclosure, you must not upload any Image and must not use the image-based features of the Services.
5.4. AI Providers are outside our control. You acknowledge that we do not control and cannot guarantee the internal practices of any AI Provider; that AI Providers operate under their own terms, privacy policies, and retention practices, which may change; that AI Providers may retain inputs and outputs for limited periods for abuse monitoring, safety, and legal-compliance purposes, and may retain content flagged by automated safety classifiers for human review; and that we accept no liability for any AI Provider’s acts, omissions, retention practices, security incidents, or breaches of its own commitments. Any statement we make about an AI Provider’s practices reflects that provider’s representations to us and is not a warranty by us. We may use de-identified, aggregated, or synthetic data derived from Facial Data, which cannot reasonably be used to identify you, for any lawful business purpose including improving the Services.
5.5. Retention and destruction. We retain Facial Data only for as long as necessary to fulfil the purposes described in Section 5.2, and in any event we will permanently destroy Images and derived biometric identifiers no later than the earlier of: (a) the date on which the initial purpose for collecting them has been satisfied; (b) thirty (30) days after your deletion request or the deletion of your Profile; or (c) three (3) years after your last interaction with Glowera. This retention schedule is published in our Biometric Data Policy. Destruction may be delayed only where retention is required by law, court order, or a valid legal hold, or where destruction is technically infeasible with respect to routine backups, in which case the data will remain isolated and protected from further processing until deletion is possible.
5.6. No sale of biometric data. We do not sell, lease, trade, or otherwise profit from your Facial Data, and we do not disclose it to any third party except as described in Section 5.3, as required by law or legal process, or with your separate consent.
5.7. Withdrawal of consent. You may withdraw your consent at any time by deleting your Images through the Services or by contacting us at hello@helpglowera.com. Withdrawal of consent is prospective only, does not affect the lawfulness of processing carried out before withdrawal, and will prevent you from using the image-based features of the Services. Withdrawal of consent does not entitle you to any refund of fees already paid for services already rendered.
5.8. Your warranties regarding Images. You represent, warrant, and covenant that, with respect to every Image you submit: (a) the Image depicts you and only you, or, where another adult person appears, you have obtained that person's prior express written consent to the collection, processing, disclosure to AI Providers, and generation of altered images in accordance with these Terms; (b) no person depicted is under eighteen (18) years of age; (c) you own or have all necessary rights, licenses, and permissions in and to the Image, including any rights held by the photographer or any rightsholder; (d) the submission and processing of the Image does not and will not infringe or violate any copyright, trademark, right of publicity, right of privacy, moral right, contractual right, or other right of any person; and (e) the Image is not obscene, unlawful, defamatory, or otherwise prohibited by Section 12. You accept sole and exclusive responsibility and liability for every Image you submit and for obtaining every consent required in connection with it, and you will indemnify us in full under Section 14 for any claim arising from any Image.
5.9. Illinois residents. If you are a resident of Illinois, the following applies in addition to the foregoing. Consistent with the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), you are hereby informed in writing that Glowera collects, captures, receives, stores, and otherwise obtains the facial measurements described in Section 5.1, derived from Images you submit, and that to the extent those measurements constitute biometric identifiers or biometric information under BIPA, this paragraph is your written notice of their collection and storage; that, as stated in Section 5.1.1, we do not create a faceprint or facial recognition template and do not use those measurements to identify you; that the specific purpose of such collection and storage is to provide the facial-analysis, scoring, reporting, and image-generation features of the Services as described in Section 5.2; that such measurements will be stored for the period described in Section 5.5 and permanently destroyed in accordance with that schedule and with our publicly available written retention and destruction policy; and that such measurements will be disclosed, redisclosed, and disseminated to the categories of recipients described in Section 5.3 for those purposes. By checking the biometric consent box presented to you before your first Image upload and by proceeding to upload an Image, you provide your written release and informed written consent, executed by electronic signature, to the collection, capture, storage, use, disclosure, redisclosure, and dissemination of those measurements as described in these Terms, and to the extent any of them constitutes a biometric identifier or biometric information, this is your written release in respect of it.
5.10. Texas and Washington residents. If you are a resident of Texas, you are hereby notified of, and you consent to, the capture and use of biometric identifiers as described in this Section 5 for the commercial purposes stated, consistent with the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001. If you are a resident of Washington, you provide your consent to the enrollment, use, and disclosure of biometric identifiers as described in this Section 5, consistent with RCW 19.375 and, to the extent any data processed constitutes “consumer health data,” the Washington My Health My Data Act, and you separately authorize any disclosure described in Section 5.3 to the extent such authorization is required.
5.11. EU/EEA/UK residents. If you are located in the European Union, the European Economic Area, Switzerland, or the United Kingdom, our processing of Facial Data that constitutes biometric data for the purpose of uniquely identifying a natural person, or data concerning health, is carried out on the basis of your explicit consent under Article 9(2)(a) GDPR (or the UK equivalent), obtained through the separate consent mechanism presented to you before your first Image upload. Your consent to the transfer of Facial Data to recipients in third countries is given under Article 49(1)(a) GDPR where no adequacy decision or appropriate safeguard applies. You have the right to withdraw your consent at any time as described in Section 5.7, and the rights of access, rectification, erasure, restriction, portability, and objection described in our Privacy Policy. Nothing in these Terms limits any right you have under the GDPR or other mandatory data protection law.
5.12. Security. We use reasonable technical and organizational measures to protect Facial Data using the reasonable standard of care within our industry, and in a manner that is the same as or more protective than the manner in which we store, transmit, and protect other confidential and sensitive information. You nevertheless acknowledge that no system of storage or transmission is completely secure, that we cannot and do not guarantee the security of Facial Data, and that you assume the risk of unauthorized access, interception, or disclosure notwithstanding our safeguards.
6.1. Generated Images are synthetic. Generated Images, including any image depicting a simulated facelift, simulated cosmetic result, simulated aging or de-aging, simulated skincare progress, or any other altered depiction of you, are artificially generated, fictional visualizations created by generative AI models. They are illustrative and entertainment content. They are not photographs, not medical imaging, not surgical planning, not a forecast, not a prediction, and not a representation of any result that you or anyone else can, will, or is likely to achieve.
6.2. Not a surgical or cosmetic preview. No Generated Image is a preview, simulation, prognosis, or representation of the outcome of any cosmetic, aesthetic, dermatological, or surgical procedure. No Generated Image should be shown to, or relied upon by, any practitioner as an indication of a desired or achievable clinical result. Any practitioner who is shown a Generated Image should be told that it was produced by consumer entertainment software with no clinical basis.
6.3. AI content labelling. Generated Images are artificially generated or manipulated content. We label Generated Images as AI-generated where required by applicable law, including Article 50 of Regulation (EU) 2024/1689 (the EU AI Act), and we may apply visible marks, metadata, or watermarks to them. You must not remove, obscure, alter, or circumvent any AI-generated label, watermark, provenance metadata, or content credential applied to a Generated Image, and you must not present any Generated Image as an authentic, unaltered photograph. If you share, publish, or distribute a Generated Image, you are solely responsible for disclosing that it is AI-generated and for complying with all applicable laws, including laws concerning synthetic media, deepfakes, advertising, and impersonation.
6.4. Your responsibility for downstream use. You are solely responsible for any use you make of a Generated Image outside the Services, including any republication, posting to social media, use in advertising, use on a dating profile, use in any application or submission, or use in any communication with a third party. We disclaim all liability for any consequence of such use, and you will indemnify us in full for any claim arising from it.
6.5. Output may be unexpected or unflattering. You acknowledge that generative models can produce outputs that are distorted, unflattering, unrealistic, inaccurate, unrepresentative of your actual appearance, or that you find upsetting, offensive, or objectionable, and that such outputs are an inherent and unavoidable characteristic of the technology rather than a defect in the Services. We do not warrant that any Generated Image will resemble you or meet your expectations, and no refund, credit, or remedy is available on the basis that you did not like a Generated Image.
6.6. No ownership or exclusivity in outputs. Subject to applicable law, we assign to you such rights as we may hold in the Generated Images produced from your own Image, for your personal, non-commercial use. You acknowledge that AI-generated outputs may not be eligible for copyright protection in some jurisdictions, that identical or similar outputs may be generated for other users, and that we make no representation regarding the legal status of any Generated Image.
7.1. The Services present appearance-related content, including scores, comparisons, and altered images of your own face. Content of this nature may not be suitable for everyone. The Services are not intended for, and should not be used by, any person who has, has had, or is at risk of body dysmorphic disorder, an eating disorder, appearance-related anxiety or obsessive preoccupation, depression, or any other condition that may be triggered or aggravated by appearance-focused content. If any of these apply to you, or if you are unsure, do not use the Services and consult a qualified mental health professional.
7.2. If at any time the Services cause you distress, discomfort, or preoccupation with your appearance, you should stop using them immediately and seek support from a qualified professional or a trusted person. The Services provide no crisis support, monitoring, or intervention of any kind and must not be relied upon for any such purpose.
7.3. By using the Services, you confirm that you have considered the foregoing, that you are using the Services voluntarily for entertainment purposes, and that you assume all risk associated with exposure to appearance-related content, including any psychological or emotional effect.
8.1. You agree, represent, and warrant that your use of the Services will be consistent with these Terms and will not infringe or violate the rights of any third party, or breach any contract or legal duty owed to any other party. You also agree to comply with all applicable laws, regulations, and ordinances relating to your use of the Services, and you will be solely responsible for any violations of such laws.
8.2. You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Services, including computing devices, cameras, Internet service, and mobile data plans, as well as all fees associated with them.
8.3. We reserve the right to modify, update, suspend, limit, or discontinue any aspect of the Services (whether free or paid features), including any model, feature, output format, or third-party integration, at any time, with or without notice, and without liability to you. You acknowledge that such changes may temporarily or permanently affect your ability to access or use the Services, and you agree that Glowera has no responsibility or liability for any resulting disruption, including the deletion of or failure to make available any content, Image, Generated Image, or feature. You are solely responsible for retaining your own copies of any content you wish to keep.
8.4. From time to time, and at our sole discretion, we may offer additional features, tools, or content within the Services, whether on a one-time, recurring, time-limited, or ongoing basis (“Additional Features”). You acknowledge and agree that Additional Features may not be included in your current subscription plan. Access to certain Additional Features may require a separate payment or may be subject to specific terms not covered by your primary subscription. If you choose to use such Additional Features, you understand and agree that, in addition to the warranty disclaimers in Section 15, we make no guarantees regarding their availability in your location, their expected duration, or their timeliness.
If any Additional Features are described as “permanent,” “lifetime,” or “one-time” (in the sense of being available for an indefinite period after purchase), this means they will remain available for as long as Glowera continues to commercially offer them. You acknowledge that such features may be modified or discontinued in the future, and in such event, we are not obligated to offer any compensation, refund, or alternative services.
8.5. Your access to and use of the Services is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, loss of Images, or other harm to you or any third party resulting from your access to or use of the Services, or from reliance on any information, score, report, image, or advice provided through them.
8.6. We have no obligation to provide customer support of any kind. However, Glowera may, at its sole discretion, choose to provide customer support from time to time. Any statement made by a support representative is informational only, does not vary these Terms, and does not create any warranty or commitment.
8.7. Usage limits and fair use. We may impose limits on the number of Images, analyses, Generated Images, requests, or other units of consumption available to you in any period, and may throttle, queue, or deny requests that we consider excessive, automated, abusive, or inconsistent with normal individual consumer use, without notice, refund, or liability.
9.1. You acknowledge that all text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, content, software, models, prompts, methodologies, scoring systems, and materials displayed on or used in connection with the Services, excluding User Content (as defined below), are the proprietary property of Glowera or its licensors and third-party providers.
9.2. Glowera expressly reserves all rights, including all intellectual property rights, in the foregoing materials. Except as expressly permitted by these Terms, any use, redistribution, reproduction, sale, decompilation, reverse engineering, disassembly, translation, model extraction, distillation, or other exploitation of these materials is strictly prohibited. Nothing in these Terms transfers to you or any third party any rights, title, or interest in or to such intellectual property.
9.3. Any information you submit during registration or the quiz, and any Image, data, text, or other material that you submit or post through the Services (“User Content”), remains your intellectual property. We do not claim ownership of the copyright or other proprietary rights in your User Content. However, you agree that Glowera may retain copies of your registration information and User Content and may use them as reasonably necessary for the operation of the Services and as described in these Terms, our Privacy Policy, and our Biometric Data Policy.
9.4. License grant. You grant Glowera a non-exclusive, worldwide, transferable, sublicensable (through multiple tiers, including to AI Providers and other service providers), royalty-free, fully paid-up right and license to host, store, cache, reproduce, transmit, adapt, modify, create derivative works from, analyze, process, publicly display, and perform your User Content, in each case solely for the purposes of operating, providing, securing, and improving the Services, generating outputs for you, complying with law, and enforcing these Terms. This license terminates with respect to a given item of User Content when that item is deleted in accordance with Section 5.5, except with respect to (a) de-identified or aggregated derivatives that cannot reasonably identify you, (b) copies retained in routine backups until overwritten, and (c) copies we are required to retain by law or legal hold. We will not use your Image or your likeness in advertising, marketing, or promotional materials without your separate, prior, express written consent.
9.5. Feedback. If you submit any suggestion, idea, feature request, bug report, review, or other feedback regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, exploit, and commercialize that Feedback for any purpose without restriction, attribution, or compensation. Feedback is not confidential.
9.6. Subject to these Terms, Glowera grants you a limited, non-transferable, non-exclusive, revocable license (without the right to sublicense) to: (a) use the Services solely for your personal, non-commercial purposes; and (b) install and use the App solely on a mobile device that you own or control and solely for your personal, non-commercial purposes.
9.7. Copyright complaints. If you believe that content on the Services infringes your copyright, please send a notice to hello@helpglowera.com identifying the work, the allegedly infringing material and its location, your contact details, a statement of good-faith belief that the use is unauthorized, a statement that the notice is accurate and that you are authorized to act, and your physical or electronic signature. We may remove content and terminate repeat infringers at our discretion.
10.1. You acknowledge and agree that the availability of the App depends on the third-party platform from which you obtained it, such as the Apple App Store, Google Play Store, or other app stores (collectively, “App Stores” and each, an “App Store”).
10.2. You agree to pay all fees charged by the applicable App Store in connection with the App. You also agree to comply with all applicable terms of use and policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and have the right to enforce them.
10.3. The Services may contain links to third-party websites, resources, or advertisements (collectively, “Third-Party Ads”). Glowera does not control, review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. We provide links to Third-Party Ads solely as a convenience, and the information they provide may not be accurate or complete. When you visit a third-party website, that provider’s terms and policies — including privacy and data collection practices — apply. You assume sole responsibility for and all risk arising from your use of any such third-party websites or resources. Any transactions or dealings with third parties, including payment and delivery of goods or services, are solely between you and the third party.
10.4. Third-party technologies, analytics, and session tools — express consent. You expressly acknowledge, agree, and consent that the Services use cookies, pixels, SDKs, tags, web beacons, device identifiers, session-replay and session-recording tools, heatmapping tools, chat tools, error-monitoring tools, conversion-measurement tools, and similar technologies supplied and operated by third parties, including advertising platforms and analytics providers. You expressly consent to: (a) the deployment of these technologies on your device and within your browser and the App; (b) the collection, recording, transcription, monitoring, storage, and analysis of your interactions with the Services, including page views, clicks, scrolls, mouse movements, keystrokes in non-sensitive fields, form entries you submit, device and browser attributes, IP address, approximate location, and communications with our support channels; (c) the transmission and disclosure of the foregoing to those third-party providers and to advertising platforms, and their use of it for measurement, attribution, optimization, and, where you have given any additional consent required by law, advertising purposes; and (d) the participation of those third parties in, and their contemporaneous receipt and recording of, your communications and interactions with the Services. You give this consent knowingly and voluntarily, as a party to those communications and interactions, for all purposes under applicable federal and state wiretapping, eavesdropping, interception, session-recording, trap-and-trace, pen-register, and electronic-communications-privacy laws, including without limitation the California Invasion of Privacy Act (Cal. Penal Code §§ 630 et seq.) and analogous laws of other states, and you waive, to the fullest extent permitted by law, any claim arising from such collection, recording, disclosure, or participation. Where applicable law requires opt-in consent for any such technology, that technology is deployed only after you provide the consent requested in our cookie banner, and you may withdraw or adjust your consent at any time through the cookie preferences control on the Website or by using your browser or device settings. Further detail is set out in our Privacy Policy and Cookie Policy.
10.5. Each user of the Services is solely responsible for their own User Content. Because we do not control, review, or pre-screen User Content, you acknowledge and agree that we are not responsible for it, and we make no guarantees regarding its accuracy, currency, suitability, legality, or quality. Interactions between you and other users of the Services are solely between you and those users. Glowera will not be responsible for any loss or damage resulting from such interactions. If a dispute arises between you and another user, we are under no obligation to become involved.
10.6. You hereby release Glowera, its officers, directors, employees, agents, affiliates, and successors from any and all claims, demands, losses, damages, rights, and actions of any kind — including personal injuries, death, and property damage — that are directly or indirectly related to or arise from any interactions with any App Store, any AI Provider or other service provider, other users of the Services, or any Third-Party Ads.
11.1. The App is free to download. However, certain features of the Services may be offered for a fee, either through: (a) a subscription with recurring payments at intervals disclosed to you before purchase; or (b) a one-time payment granting access to specific Content (together or separately, a “Purchase”).
You may make a Purchase directly from Glowera through the Website or through an App Store. We may offer alternative payment methods to certain users. If you choose to make a Purchase through our Website, you acknowledge that:
We reserve the right to modify or discontinue alternative payment options at any time and without prior notice.
11.2. Automatic renewal — clear and conspicuous disclosure. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD, AND THAT THE PAYMENT METHOD YOU PROVIDED WILL BE CHARGED THE THEN-APPLICABLE RENEWAL PRICE, WITHOUT FURTHER ACTION BY YOU, UNTIL YOU CANCEL. The billing frequency, the renewal price, and the cancellation method are disclosed to you at the point of purchase and in your confirmation email. The renewal period will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately preceding subscription period, excluding any promotional, introductory, or discount pricing (which applies only to the periods stated), unless we notify you of a rate change before your auto-renewal date. You may cancel at any time, effective at the end of the then-current billing period, through your account settings or by emailing hello@helpglowera.com. Cancellation takes effect at the end of the current period; you retain access until then. We will not refund fees already accrued to your account and will not prorate fees for a cancelled subscription, except where refund is required by applicable mandatory law.
11.3. To the maximum extent permitted by applicable law, we may change Purchase fees at any time. We will provide you with reasonable notice of any pricing changes by posting the new prices within the App or on the Website, or by sending you an email notification, or by other prominent means. If you do not wish to pay the new fees, you may cancel the applicable subscription before the change takes effect and/or refrain from making further Purchases.
11.4. You authorize Glowera, its payment processors, and the applicable App Store to charge the applicable fees, together with any applicable taxes, to the payment method you provide, on a recurring basis until cancellation. You represent that you are authorized to use the payment method provided and that all billing information you supply is accurate. You authorize us to update your stored payment credentials via account-updater services offered by card networks, and to retry declined charges.
11.5. We may offer free trial subscriptions for the Services. A free trial provides access to the Services, or a portion of them, for a limited time as specified when you sign up. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue, and you will be billed the applicable subscription fees. It is your responsibility to know when the free trial period ends. We reserve the right, at our sole discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms, without notice and without liability. We also reserve the right to limit or deny your ability to take advantage of multiple free trials, including by device fingerprint, payment instrument, or email address.
11.6. The Services and your rights to use them expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue. However, we reserve the right to disable, suspend, or terminate your access to the Services, and we may do so without notice.
11.7. Digital content; immediate performance. The Services consist of digital content and digital services supplied immediately upon purchase. By completing a Purchase, you expressly request and consent to the immediate commencement of performance during any statutory withdrawal or cooling-off period, and you expressly acknowledge that you thereby lose your right of withdrawal once the digital content has been supplied in full (as provided, for EU consumers, by Article 16(m) of Directive 2011/83/EU and its national implementations, and by equivalent provisions in other jurisdictions). Where performance is partial, any statutory withdrawal remedy is reduced proportionately to the extent permitted by law.
11.8. Refunds are subject to the conditions described in our Refund Policy, available at https://glowera.health/refund-policy. For subscriptions purchased through an App Store, that App Store’s refund policies may also apply. Except where refund is required by applicable mandatory law, all fees are non-refundable, and no refund, credit, or proration will be provided for partial subscription periods, unused features, unused analyses, dissatisfaction with any output or Generated Image, failure to use the Services, forgotten renewals, or account termination for breach.
11.9. Chargebacks and payment disputes. You agree to contact us at hello@helpglowera.com and allow us a reasonable opportunity (not less than fourteen (14) days) to resolve any billing concern before initiating any chargeback, payment dispute, reversal, or complaint with your bank, card issuer, or payment provider. You acknowledge that: (a) the Services are digital and are delivered instantly upon purchase, and that server logs, access records, session data, and outputs generated for your account constitute conclusive evidence of delivery; (b) initiating a chargeback in respect of Services that were in fact delivered, without first contacting us, constitutes a material breach of these Terms; (c) upon any chargeback or payment dispute we may immediately suspend or terminate your Profile and revoke all access, and may decline to serve you in future; and (d) to the maximum extent permitted by applicable law, you agree to reimburse us for the disputed amount together with any chargeback, representment, arbitration, or administrative fees imposed on us by the card networks or our payment providers, and for reasonable costs of collection, and we may refer the outstanding balance to a collection agency. We may submit these Terms, your acceptance record, your usage logs, and your delivered outputs as evidence in any dispute process. Nothing in this Section limits any right you have under applicable mandatory consumer law to dispute an unauthorized transaction.
11.10. Depending on the payment method selected at checkout, additional taxes or fees may apply. Prices may be displayed exclusive of applicable VAT, sales tax, or other indirect taxes, which will be added at checkout where required. Any amounts charged directly to you by the payment processor are not collected or retained by Glowera.
12.1. By using the Services, you represent and warrant that:
12.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse or terminate your current or future use of the Services, or any portion thereof, without refund.
12.3. You may not access or use the Services for any purpose other than those for which the Services are made available. The Services may not be used in connection with any commercial endeavors except those specifically authorized or approved by us in writing.
12.4. As a user of the Services, you agree not to:
12.5. Honest reviews. Nothing in these Terms restricts, prohibits, or penalizes you for publishing an honest review or an accurate description of your experience with the Services, and any provision that purports to do so is void. Section 12.4 restricts only knowingly false, defamatory, or bad-faith statements.
13.1. You knowingly and voluntarily assume all risks associated with your use of the Services, including without limitation: reliance on inaccurate scores, analyses, or outputs; the psychological or emotional effect of appearance-related content and Generated Images; any decision you make regarding skincare, cosmetics, diet, exercise, or any cosmetic or surgical procedure; the transmission, storage, and processing of your Facial Data by us and by third parties, including AI Providers located abroad; any unauthorized access to or disclosure of your Facial Data notwithstanding our safeguards; and any consequence of your own sharing or publication of Generated Images.
13.2. To the fullest extent permitted by applicable law, you hereby waive and release Glowera, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, and successors (the “Released Parties”) from any and all claims, demands, causes of action, liabilities, losses, damages (whether actual, consequential, statutory, or punitive), costs, and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the matters described in Section 13.1.
13.3. California residents expressly waive California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Residents of other jurisdictions waive any comparable statute or rule.
13.4. Nothing in this Section excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
14.1. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, disputes, demands, investigations, proceedings, costs, losses, liabilities, damages, expenses, fines, penalties, settlements, and judgments of any kind, including reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content, including any Image you submit and any Generated Image derived from it; (c) any claim that an Image you submitted infringed or violated the copyright, right of publicity, right of privacy, biometric rights, or other rights of any person, or that any required consent was not obtained; (d) your sharing, publication, or other downstream use of any output or Generated Image; (e) any decision you make, or action you take or fail to take, in reliance on the Services, including any medical, cosmetic, or surgical decision; (f) your violation of these Terms or of any applicable law or regulation; or (g) your violation of the rights of any third party.
14.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense. You will not settle any such matter without our prior written consent.
15.1. THE SERVICES, INCLUDING ALL CONTENT, ANALYSES, SCORES, REPORTS, AND GENERATED IMAGES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade.
15.2. We make no warranty that the Services will meet your requirements or expectations; that they will be available on an uninterrupted, timely, secure, or error-free basis; that any defect will be corrected; that the Services or any server or provider is free of viruses or harmful components; or that any Facial Data will be free from loss, corruption, unauthorized access, or interception.
15.3. WE MAKE NO WARRANTY WHATSOEVER REGARDING THE QUALITY, ACCURACY, VALIDITY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, FAIRNESS, OR FREEDOM FROM BIAS OF ANY SCORE, ANALYSIS, ESTIMATE, RECOMMENDATION, OR GENERATED IMAGE PRODUCED BY THE SERVICES, OR OF ANY INFORMATION OR CONTENT ON THE SERVICES. AUTOMATED AND AI-GENERATED OUTPUTS MAY BE INACCURATE OR FABRICATED, AND YOU MUST INDEPENDENTLY VERIFY ANY INFORMATION BEFORE RELYING ON IT.
15.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15.5. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusion is prohibited, the exclusions in this Section apply to the maximum extent permitted by applicable law, and any legally required warranty is limited in duration to the minimum period permitted by law. Consumers in the EU/EEA and the UK retain their statutory rights in respect of digital content and digital services, which are not affected by this Section.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GLOWERA NOR ANY OF THE RELEASED PARTIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR IMAGES, LOSS OF GOODWILL OR REPUTATION, EMOTIONAL DISTRESS, MENTAL ANGUISH, PERSONAL INJURY, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, ANY OUTPUT OR GENERATED IMAGE, ANY PROCESSING OR DISCLOSURE OF FACIAL DATA, OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16.2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, THE TOTAL AGGREGATE LIABILITY OF GLOWERA AND THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, FOR ALL CLAIMS IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO GLOWERA FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).
16.3. The foregoing limitations apply to each claim separately and in the aggregate, and apply regardless of the number of claims, the number of claimants, or the theory of liability. Multiple claims arising from the same or related facts do not enlarge the cap.
16.4. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Glowera and you, and reflect the allocation of risk that makes it commercially possible to offer the Services at the prices charged. The Services would not be offered on these terms without them.
16.5. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct where such exclusion is prohibited, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such case liability is limited to the minimum extent permitted by law. Consumers in the EU/EEA and the UK retain all mandatory statutory rights.
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Services must be commenced within one (1) year after the claim or cause of action arose, or it is permanently barred and waived, regardless of any statute or law to the contrary. This limitation does not apply to consumers to the extent that applicable mandatory law prescribes a longer, non-waivable limitation period, in which case the shortest permissible period applies.
THIS SECTION APPLIES TO USERS RESIDING IN THE UNITED STATES AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO ALL OTHER USERS EXCEPT CONSUMERS RESIDENT IN THE EUROPEAN UNION, THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, OR SWITZERLAND, TO WHOM SECTION 19.3 APPLIES INSTEAD.
18.1. Informal dispute resolution first. Before initiating any arbitration or court proceeding, you and Glowera agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days. You must send an individualized written Notice of Dispute to hello@helpglowera.com that includes your name, the email address and any other identifier associated with your Profile, your mailing address, a description of the nature and basis of the claim, the specific relief sought and the calculation of any monetary amount, and your personal signature (or, if represented, your counsel’s signature together with your own). A Notice of Dispute that is generated in bulk or that does not contain the required individualized information is not valid. Upon request, you agree to participate in an individualized telephone or videoconference settlement conference. Completion of this process is a condition precedent to commencing arbitration, and the applicable limitations period is tolled while it is pending. A court has authority to enjoin the filing or prosecution of arbitration commenced without compliance with this Section.
18.2. Mandatory arbitration of disputes. You and Glowera agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Content, any output or Generated Image, any Facial Data, any marketing or advertising, or the breach, termination, enforcement, interpretation, or validity thereof, including claims that arose before you accepted these Terms and claims that arise after termination (collectively, “Disputes”), will be resolved solely by binding, individual arbitration and not in a class, collective, consolidated, representative, or private attorney general action or proceeding. You and Glowera agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Glowera are each waiving the right to a trial by jury and the right to participate in a class action. This Section survives termination of these Terms and any termination of your Profile.
18.3. Thirty-day right to opt out. You may opt out of this Section 18 by sending written notice to hello@helpglowera.com with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms, stating your name, the email address associated with your Profile, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms or your use of the Services. If you do not opt out within thirty (30) days, you are bound by this Section.
18.4. Exceptions. As limited exceptions to Section 18.2: (a) either party may bring an individual claim in small claims court if it qualifies and remains in that court; and (b) each party retains the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or enjoin the actual or threatened infringement or misappropriation of intellectual property rights or breach of confidentiality obligations.
18.5. Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (together, the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party wishing to initiate arbitration must submit a written Demand for Arbitration to AAA and provide notice to the other party as specified in the AAA Rules. Unless the parties agree otherwise, any arbitration hearing will be conducted by telephone or videoconference, or, if an in-person hearing is required, in the county or parish where you reside. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that a court, and not an arbitrator, shall decide any challenge to the enforceability of the Class Action Waiver in Section 18.8 and any dispute regarding compliance with Sections 18.1 and 18.6.
18.6. Mass arbitration protocol. If twenty-five (25) or more Demands for Arbitration raising substantially similar claims are filed against Glowera by or with the assistance of the same law firm, group of law firms, or coordinated group of counsel within a period of one hundred eighty (180) days, the following bellwether procedure applies and the demands will not proceed individually until it is complete:
18.7. Arbitration costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will not seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute or the manner of its filing to be frivolous, brought for an improper purpose, or in bad faith, as measured by the standards of Federal Rule of Civil Procedure 11(b). If we prevail in arbitration, we will pay all of our own attorneys’ fees and costs and will not seek to recover them from you except as provided in the preceding sentence. If you prevail, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
18.8. Class action waiver. YOU AND GLOWERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as to a given claim, then that claim, and only that claim, shall be severed from arbitration and brought in a court of competent jurisdiction, and the remainder of Section 18 shall continue to apply to all other claims.
18.9. Jury trial waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND GLOWERA EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
18.10. Injunctive and declaratory relief. Except as provided in Section 18.4, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that either party prevails on a claim and seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
18.11. Confidentiality. Except as necessary to enforce or challenge an award, to comply with law, or to pursue a legitimate legal or business interest, the parties shall keep confidential the existence, content, and result of any arbitration.
19.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions, except that Section 18 (Arbitration) is governed by the U.S. Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2. To the extent that any action relating to any Dispute is for any reason not submitted to arbitration, each party submits to the exclusive jurisdiction of the courts of the Republic of Lithuania. The parties irrevocably waive any defenses of improper venue or forum non conveniens.
19.3. EU/EEA consumers. If you are a consumer resident in the EU or EEA: nothing in these Terms deprives you of the protection afforded to you by the mandatory rules of law of the country in which you have your habitual residence, and Section 18 (Arbitration) does not apply to you. You may bring any dispute arising under these Terms before the competent court of your country of habitual residence, and Glowera shall bring any dispute against you before the competent court of your country of habitual residence. If you have a complaint, please contact us first at hello@helpglowera.com. If you feel your complaint has not been adequately addressed, you may — but are not obligated to — use the Online Dispute Resolution (ODR) platform, accessible at https://ec.europa.eu/odr. Other than as set out in these Terms, Glowera does not participate in and is not obliged to participate in any alternative dispute resolution scheme.
19.4. UK consumers. If you are a consumer resident in the United Kingdom, Section 18 does not apply to you, and you may bring proceedings in the courts of the part of the United Kingdom in which you reside. Nothing in these Terms affects your non-excludable statutory rights, including under the Consumer Rights Act 2015.
20.1. Glowera makes no representation that the Services are accessible, appropriate, or legally available for use in your jurisdiction. Accessing and using the Services is prohibited from territories where doing so would be illegal. You access the Services at your own initiative and are solely responsible for compliance with local laws, including any law governing the collection or processing of biometric data.
20.2. The Services are operated from the Republic of Lithuania and are hosted on infrastructure located in multiple jurisdictions. By using the Services, you acknowledge and expressly consent to the transfer, storage, and processing of your information, including Images and Facial Data, in Lithuania, the European Union, the United States, and other countries where we or our service providers and AI Providers operate, which may have data protection laws that differ from, and may be less protective than, those of your country. Where required, such transfers are made on the basis of your explicit consent, Standard Contractual Clauses, or another lawful transfer mechanism as described in our Privacy Policy.
20.3. We reserve the right to limit or block access to the Services from any jurisdiction, at any time and without notice, including where local law imposes obligations we choose not to assume. Such blocking does not entitle you to any refund beyond that required by mandatory law.
21.1. These Terms remain in effect while you use the Services. We may suspend, restrict, or terminate your Profile and your access to the Services at any time, for any reason or no reason, with or without notice, including for breach of these Terms, suspected fraud, chargeback activity, abuse of trials or refunds, abuse of staff, or any conduct we consider harmful to us, other users, or third parties. Termination for breach does not entitle you to any refund.
21.2. You may terminate these Terms at any time by cancelling your subscription and deleting your Profile. Deletion of your Profile triggers deletion of Facial Data in accordance with Section 5.5.
21.3. Survival. Sections 2, 3, 5.4–5.6, 5.8, 6.3–6.6, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, and any other provision that by its nature should survive, survive termination or expiration of these Terms.
22.1. No delay or omission by us in exercising any right arising from your noncompliance or default under these Terms will impair any such right or be construed as a waiver thereof. A waiver by Glowera of any covenant, condition, or agreement to be performed by you will not be construed as a waiver of any subsequent breach thereof or of any other covenant, condition, or agreement contained herein.
22.2. Subject to Section 18.8, if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be reformed and enforced to the greatest extent permitted by law so as to reflect the original intent of the parties. If it cannot be so reformed, it shall be severed and the remainder shall remain in force.
22.3. Except as otherwise expressly provided herein, these Terms, together with the Privacy Policy, Biometric Data Policy, Cookie Policy, Refund Policy, and Subscription Policy, set forth the entire agreement between you and Glowera regarding the subject matter hereof, and supersede all prior promises, agreements, representations, understandings, and advertising, whether written or oral, regarding such subject matter. You confirm that you have not relied on any statement, representation, or assurance not expressly set out in these Terms.
22.4. We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any means, including by novation, merger, acquisition, or sale of assets. By accepting these Terms, you give us consent to any such assignment and transfer, including the transfer of your Facial Data to a successor entity subject to the same commitments. Posting a version of these Terms on the Services indicating another party as a counterparty shall constitute valid notice to you of the transfer of Glowera’s rights and obligations under these Terms, unless otherwise expressly indicated. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment without such consent is void.
22.5. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Glowera. Except as expressly stated (including as to the App Stores and the Released Parties), there are no third-party beneficiaries to these Terms.
22.6. All information communicated on or through the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the sending party. You further acknowledge and agree that by checking a consent box or clicking on a button labeled “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” “I CONSENT,” or similar links or buttons, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and, where applicable, your written release and informed written consent under Section 5.9. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES.
22.7. In no event shall Glowera be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Glowera’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, embargoes, sanctions, labor disputes, power failures, Internet or telecommunications failures, cyberattacks, or the failure, suspension, degradation, or discontinuation of any third-party service, model, or AI Provider on which the Services depend.
22.8. Section headings are for convenience only and do not affect interpretation. The words “including,” “include,” and “includes” mean “including without limitation.” These Terms shall not be construed against the drafter.
22.9. These Terms are drafted in English. Any translation is provided for convenience only, and in the event of any conflict, the English version prevails to the maximum extent permitted by applicable law.
If you wish to send any notice under these Terms, exercise any right regarding your Facial Data, or if you have any questions regarding the Services, you may contact us at:
Glowera
Email: hello@helpglowera.com
Website: https://glowera.health
I HAVE READ THESE TERMS, INCLUDING THE MEDICAL DISCLAIMERS IN SECTION 2, THE BIOMETRIC AND AI PROCESSING CONSENT IN SECTION 5, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 18, AND I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.