Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and Bogdan Tudor, an Australian sole trader (ABN 40 878 968 233), trading as LuxSense ("LuxSense," "we," "us," or "our").

By downloading, installing, or using the LuxSense application or website (together, the "Service"), you agree to be bound by these Terms. If you don't agree, please don't use the Service.

These Terms apply in addition to our Privacy Policy and Open Source Licenses, which are incorporated by reference.

2. What LuxSense Does

LuxSense is a skincare ingredient analysis tool that allows you to:

• Scan product barcodes and ingredient lists using your phone's camera
• View safety scores and information about individual ingredients
• Keep a history of scanned products
• Access educational content about skincare ingredients
• Contribute product data and corrections to our community database

Our ingredient data comes from the EU CosIng database (European Commission), Open Beauty Facts (community database), and our own research. See our Licenses page for full attribution.

3. Medical & Health Disclaimer

This is critical, so we're stating it clearly:

• Not medical advice. LuxSense does not provide medical, dermatological, or health advice. Safety scores are informational summaries based on publicly available data, not clinical assessments.
• Not a diagnostic tool. LuxSense cannot diagnose skin conditions, allergies, or sensitivities. It cannot predict how your skin will react to any product.
• No accuracy guarantee. Ingredient databases may contain errors, omissions, or outdated information. OCR scanning may misread text. Safety scores reflect general research consensus and do not account for individual factors (skin type, allergies, medications, concentrations, formulation interactions).
• Consult a professional. For any skin concerns, allergic reactions, or medical conditions, consult a qualified dermatologist or healthcare provider. Do not delay seeking medical advice because of something you read on LuxSense.
• Patch test always. Always perform a patch test before using any new skincare product, regardless of what our safety scores say.

By using LuxSense, you acknowledge that you understand and accept these limitations.

4. Who Can Use LuxSense

You must be at least 13 years old to use LuxSense. If you are between 13 and 16, you may need parental or guardian consent depending on your country's laws. By using the Service, you represent that you meet these age requirements.

5. Your Account

If you create an account or join our waitlist, you agree to:

• Provide accurate information (a real email address)
• Keep your account credentials secure
• Notify us if you suspect unauthorized access
• Accept responsibility for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse-engineer, decompile, or extract the source code of the app
• Scrape, crawl, or bulk-download data from our service
• Submit intentionally false or misleading product or ingredient data
• Interfere with or disrupt the Service's infrastructure
• Impersonate another person or entity
• Use the Service to promote competing products or services
• Circumvent any access restrictions or security measures

7. User-Contributed Content

LuxSense may allow you to submit product data, ingredient corrections, reviews, or other content ("User Contributions"). When you contribute:

• License grant: You grant LuxSense a worldwide, non-exclusive, royalty-free, perpetual license to use, modify, distribute, and display your contributions in connection with the Service and to improve our ingredient database. Where contributions are incorporated into databases derived from Open Beauty Facts, they may also be subject to the Open Database License (ODbL).
• Accuracy: You confirm that your contributions are accurate to the best of your knowledge.
• No infringement: You confirm that your contributions don't infringe on anyone else's rights.
• Moderation: We may review, edit, or remove contributions at our discretion.

8. Intellectual Property

Our property

The LuxSense app, website, brand, logo, design, and original content are owned by Bogdan Tudor (trading as LuxSense) and protected by copyright and trademark law. You may not copy, modify, or distribute our proprietary materials without permission.

Open data

Our ingredient database incorporates data from open sources (CosIng and Open Beauty Facts). These remain subject to their original licenses. See our Licenses page for details.

Your data

You retain ownership of your personal data (scan history, account info). You can export or delete it at any time as described in our Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• LuxSense is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, or non-infringement.
• We do not warrant that safety scores are accurate, complete, or up-to-date. Ingredient data comes from third-party sources and may contain errors.
• We are not liable for any adverse skin reactions, allergic responses, or health consequences resulting from your use of skincare products, regardless of any information or score provided by LuxSense.
• Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or €50, whichever is greater.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law (e.g., liability for fraud or wilful misconduct).

10. Indemnification

You agree to indemnify and hold harmless Bogdan Tudor (trading as LuxSense) and any agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Contributions
• Your infringement of any third-party rights

11. Termination

By you: You can stop using LuxSense at any time. Delete the app and contact us to delete your account data.

By us: We may suspend or terminate your access if you violate these Terms or if we need to for legal, security, or operational reasons. We'll try to give reasonable notice when possible.

Effect of termination: Sections on intellectual property, limitation of liability, indemnification, governing law, and the medical disclaimer survive termination.

12. Governing Law & Disputes

These Terms are governed by the laws of Australia (specifically, the laws of South Australia), without regard to conflict-of-law principles.

Dispute resolution: We encourage you to contact us first at contact@luxsense.app to resolve any dispute informally. If we can't resolve it within 30 days, either party may pursue resolution through the competent courts in South Australia.

EU consumers: If you are an EU consumer, nothing in these Terms affects your statutory rights under consumer protection laws of your country of residence. You may also use the EU Online Dispute Resolution platform.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We'll update the "Last updated" date
• We'll notify you via email or in-app notification
• We'll give you at least 30 days to review changes before they take effect

Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

14. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and Licenses page, constitute the entire agreement between you and LuxSense.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• No waiver: Our failure to enforce any provision doesn't constitute a waiver of that provision.
• Assignment: We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without our consent.

15. Contact Us

Questions about these Terms? Reach out:

• Email: contact@luxsense.app
• Subject line: "Terms of Service Inquiry"