Terms of Service

1. Agreement to these terms

By downloading, accessing, or using the SunGuard AI app (the "App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms incorporate our Privacy Policy by reference.

2. Who may use SunGuard

You must be at least 13 years old (or older if required in your country) to use the App. By using it, you confirm you meet this requirement and that the information you provide is accurate.

3. What SunGuard is

SunGuard is a general wellness and educational tool that helps you understand your skin type and sun sensitivity, track UV exposure and sun-related habits, and build healthier routines. It is intended to support a healthy lifestyle. It is not a medical product.

4. Important medical disclaimer (please read)

SunGuard does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional medical care. Specifically:

• SunGuard does not diagnose, detect, screen for, or predict skin cancer, melanoma, or any other disease or medical condition.
• SunGuard is a general wellness and educational product. It is not a medical device, and it has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration or any other regulatory authority.
• The information SunGuard provides is for general informational and wellness purposes only. It should not be relied on as a basis for any medical decision.
• Always seek the advice of a qualified dermatologist or other healthcare professional with any questions about your skin, a mole or spot, a change in your skin, or any health concern. Never disregard or delay seeking professional medical advice because of something you saw in the App.
• If you notice any new, changing, growing, bleeding, or otherwise concerning skin spot or symptom, contact a healthcare professional promptly. In an emergency, call your local emergency number.
• Sun protection guidance in the App is general and may not be appropriate for your individual circumstances. Your reliance on the App is at your own risk.

5. Subscriptions, billing, and cancellation

SunGuard offers a free tier (The Shield) and paid auto-renewing subscriptions (The Tracker and The Guardian) at the prices shown in the App.

• Billing. Paid subscriptions are billed through your Apple App Store or Google Play account.
• Auto-renewal. Subscriptions renew automatically for the same period and price unless you cancel at least 48 hours before the end of the current period. Your account will be charged for renewal within 48 hours before the period ends.
• Managing and cancelling. You can manage or cancel your subscription anytime in your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period.
• Refunds. Purchases are handled by Apple or Google and are subject to their refund policies. We do not separately process payments and generally cannot issue refunds directly.
• Price changes. We may change subscription prices; changes apply to future billing periods and we will give notice as required.

6. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use, subject to these Terms and the applicable app store terms.

7. Acceptable use

You agree not to: reverse engineer, decompile, or attempt to extract the App's source code or models except as permitted by law; use the App for any unlawful purpose; interfere with or disrupt the App; resell or commercially exploit the App; or misrepresent the App's outputs as medical or diagnostic information to others.

8. Intellectual property

The App, including its software, design, branding, the SunGuard name and logo, and all related content, is owned by De Osu Legacy LLC and protected by intellectual property laws. These Terms do not transfer any ownership to you.

9. Your content

Because skin images you capture are processed on your device and are not transmitted to us, we do not collect, host, or claim any rights in those images. You are responsible for the content you choose to capture and keep on your device.

10. Third-party services

The App relies on third-party services (including Apple, Google, RevenueCat, and Open-Meteo, our UV and weather data provider). Your use of those services may be subject to their terms, and we are not responsible for them.

11. Disclaimer of warranties

The App is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App, including any UV data or skin-related insight, will be accurate, complete, reliable, uninterrupted, or error-free. Some jurisdictions do not allow certain disclaimers, so parts may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, De Osu Legacy LLC and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of or reliance on the App, including any health-related decision. To the fullest extent permitted by law, our total liability for any claim relating to the App will not exceed the amount you paid us for the App in the 12 months before the claim or USD $100 if greater/lesser.

13. Indemnification

You agree to indemnify and hold harmless De Osu Legacy LLC and its providers from claims arising out of your misuse of the App or violation of these Terms.

14. Termination

We may suspend or terminate your access to the App at any time if you violate these Terms or as needed to protect the App or its users. You may stop using the App at any time by deleting it.

15. Changes

We may update the App and these Terms. If we make material changes, we will provide notice as appropriate. Continued use after changes take effect means you accept the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Dispute resolution: courts of Kings County, New York, or an arbitration and class-action-waiver clause if you choose one.

17. Apple and Google app store terms

If you download the App from the Apple App Store, the following additional terms apply: these Terms are between you and De Osu Legacy LLC only, not Apple, and Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility. Apple is not responsible for addressing any claims relating to the App, including product liability, legal or regulatory compliance, or consumer protection claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government restricted-party list. If you download from Google Play, you also agree to the Google Play Terms of Service, which govern that distribution.

18. Contact

Questions about these Terms: support@sunguard.app.