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Terms of Service

Terms|Privacy

Terms of Service (Kosme)

Last updated: 2026-05-11

These Terms of Service (the “Terms”) govern your access to and use of the Kosme mobile application and related services (collectively, the “Service”) provided by TOEM TECH LLC (“Company”, “we”, “us”, or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Service.

By using the Service, you represent and warrant that:

  • you have the legal capacity to enter into these Terms;
  • you will comply with all applicable laws and regulations;
  • any information you provide is accurate and not misleading.

2. Description of the Service

Kosme provides AI-assisted skin analysis, informational insights, skincare-related recommendations, and related features.

The Service may analyze facial images and other information provided by users in order to generate skin-related outputs and recommendations.

The Service is intended for informational, cosmetic, wellness, and lifestyle purposes only.

3. No Medical Advice

THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

You acknowledge and agree that:

  • the Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition;
  • outputs generated by the Service are informational only;
  • the Service is not a substitute for licensed medical professionals, dermatologists, or healthcare providers;
  • you should consult a qualified professional regarding medical concerns or skin conditions.

Do not disregard professional medical advice because of information provided by the Service.

4. AI Outputs and Accuracy Disclaimer

The Service uses artificial intelligence and automated systems to generate outputs and recommendations.

You acknowledge and agree that:

  • outputs may be inaccurate, incomplete, inconsistent, or unsuitable for certain users;
  • results may vary depending on lighting conditions, image quality, camera characteristics, skin conditions, environmental factors, and other variables;
  • recommendations may not be appropriate for every individual;
  • predicted or simulated results are illustrative only and are not guaranteed.

We do not guarantee the accuracy, reliability, effectiveness, or suitability of any analysis, recommendation, or output generated by the Service.

5. Product Recommendations

The Service may recommend skincare or cosmetic products.

You acknowledge and agree that:

  • product recommendations are generated automatically and may not be suitable for all users;
  • you are solely responsible for reviewing product ingredients, warnings, allergies, sensitivities, and suitability before use;
  • individual reactions to skincare products may vary;
  • the Company is not responsible for any adverse reactions, irritation, allergic responses, injuries, or damages arising from product usage.

Always patch test products where appropriate.

6. User Content and Facial Images

You may upload facial images and related information to use certain features of the Service.

By uploading content, you grant the Company a limited, non-exclusive, revocable license to process such content solely for:

  • providing the Service;
  • generating analysis results and recommendations;
  • maintaining user history and progress tracking;
  • improving and operating the Service using anonymized and aggregated data.

We do not sell facial images to third parties.

You represent and warrant that:

  • you own or have the necessary rights to upload the content;
  • the content does not violate any law or third-party rights;
  • you have obtained necessary consent from any individual appearing in uploaded images.

7. Account and Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes unless otherwise agreed in writing.

You agree not to:

  • misuse or interfere with the Service;
  • access the Service using methods other than the interfaces we provide;
  • reverse engineer, decompile, scrape, copy, or attempt to extract source code except where permitted by law;
  • use the Service in connection with unlawful, harmful, deceptive, abusive, or fraudulent activities;
  • upload malicious software, harmful code, or unauthorized content.

We reserve the right to suspend or terminate access for violations of these Terms.

8. Third-Party Services

Certain features of the Service may rely on third-party providers, including cloud infrastructure providers and AI service providers such as OpenAI.

We are not responsible for:

  • third-party services;
  • third-party availability or outages;
  • third-party content, outputs, or practices.

Your use of third-party services may also be subject to their respective terms and policies.

9. Privacy

Our collection, processing, storage, and use of personal information are described in our Privacy Policy.

By using the Service, you consent to the processing of facial images and related information as described in the Privacy Policy.

10. Data Retention and Deletion

We may retain user data, analysis history, and uploaded content for as long as reasonably necessary to provide the Service.

If you delete your account, we will take reasonable steps to delete or anonymize associated personal data within a reasonable period, subject to:

  • legal obligations;
  • security requirements;
  • backup retention policies;
  • fraud prevention and dispute resolution needs.

Temporary backup copies may persist for a limited period.

11. Intellectual Property

The Service, including software, algorithms, designs, trademarks, logos, text, graphics, and related materials, is owned by the Company or its licensors and is protected by applicable intellectual property laws.

Except as expressly permitted, you may not reproduce, distribute, modify, or create derivative works from the Service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

We do not guarantee that:

  • the Service will be uninterrupted or error-free;
  • the Service will always be secure;
  • defects will be corrected;
  • outputs will meet your expectations.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

  • USE OF OR INABILITY TO USE THE SERVICE;
  • AI OUTPUTS OR RECOMMENDATIONS;
  • PRODUCT RECOMMENDATIONS;
  • SKINCARE RESULTS OR REACTIONS;
  • LOSS OF DATA;
  • SERVICE INTERRUPTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR USD $50, WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, contractors, and partners from and against any claims, damages, liabilities, losses, and expenses arising out of:

  • your use of the Service;
  • your uploaded content;
  • your violation of these Terms;
  • your violation of any law or third-party rights.

15. Changes to the Service or Terms

We may modify, suspend, or discontinue all or part of the Service at any time without liability.

We may also update these Terms from time to time. Continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

17. Contact

If you have questions regarding these Terms, contact us at:

TOEM TECH LLC Email: kosme@toemtech.com