Terms of Service

1. Agreement and who we are

These Terms of Service ("Terms") govern your use of the laclarte.org website and the LA CLARTÉ mobile app (together, the "Service"). The Service is provided by LA CLARTÉ ("LA CLARTÉ," "we," "us"). You can reach us at bonjour@laclarte.app.

By creating an account, using the Service, or tapping the payment button at checkout, you agree to these Terms and to our Cancellation & Refund Policy, and you acknowledge our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

The Service is only for people who are at least 18 years old. By using it, you confirm that you are 18 or older and able to enter into a binding contract, and that the information you give us is accurate.

3. What the Service is

• The Service provides a personal aesthetic assessment report based on the face photos and questionnaire answers you provide. Reports are prepared with automated image processing and measurement tools and reviewed by our team before release.
• Proportions, scores and measurements in your report are estimates derived from photos. Lighting, angle, camera, pose and expression can affect them. They are not precise measurements or a judgment of your worth.
• Before/after images and hairstyle, beard and makeup images are illustrative simulations. They do not guarantee that any procedure, product or routine will produce the same result for you.
• Product, routine and lifestyle suggestions are general in nature. Consider your allergies, skin sensitivities and health conditions.

4. Not medical advice

The Service is not medical care. Your report is not a diagnosis, treatment, examination or medical opinion, and using the Service does not create a physician-patient relationship. Sections about surgical or medical aesthetic procedures are general information only. Always consult a licensed physician before any procedure, medication or product decision. In an emergency, call 911 or your local emergency number.

5. Your account, photos and content

• You sign in with one-time codes sent to your email address. You are responsible for keeping your email account secure.
• Upload only photos of yourself. Uploading photos of any other person is prohibited.
• You own the photos and content you upload. You grant us a non-exclusive, non-transferable, royalty-free permission to use them only to provide the Service to you (preparing and displaying your report, support and quality control). This permission is limited by our Privacy Policy and ends when your data is deleted.
• We do not use your photos in advertising without your written permission, and we never sell them.
• To prepare your report, the Service measures the geometry of the face in your photos. How we collect, use, store and permanently destroy this information is explained in the Biometric Information section of our Privacy Policy.

6. Membership, automatic renewal and billing

• The amount shown at checkout is the amount you will be charged. One-time add-ons (for example Surgical Recommendations, Hairstyle Recommendations, Beard & Mustache Shape or Express Delivery) are charged once and do not renew.
• Web payments are processed by Stripe; we do not store your full card number. Purchases in our iOS app are billed by Apple and are also subject to Apple's terms.
• If we change the monthly fee, we will email you at least 30 days before the new fee applies to your membership. If you do not agree, you can cancel before your next renewal date.
• If a renewal payment fails, we may retry it. If it still cannot be collected, your membership may be suspended or ended.

7. How to cancel

• Cancel online at any time: sign in at laclarte.org and use Settings › Subscription & Billing › Cancel subscription. You can also cancel by emailing bonjour@laclarte.app from the email address on your account.
• Memberships purchased through Apple are canceled in your Apple ID settings under Subscriptions.
• Cancellation takes effect at the end of your current paid billing period. You keep access until then and will not be charged again.

8. Refunds

You can request a full refund within 7 days of any charge, for any reason. Details are in our Cancellation & Refund Policy.

9. Delivery

• Your report is usually ready within 7 days after you upload all requested photos, or within 24 to 48 hours with the Express Delivery add-on. We email you when it is ready.
• If your photos are not suitable for analysis, we may ask you to retake them; the delivery time then starts from the new upload.

10. Acceptable use

You agree not to:

• use the Service unlawfully or to violate anyone's rights;
• upload another person's photos or open an account for someone else;
• attempt unauthorized access, reverse engineer the Service, or scrape it with automated tools;
• copy, sell or republish reports or other Service content for commercial purposes.

We may suspend or close accounts that break these rules.

11. Intellectual property

The Service, including its software, design, text, images and the LA CLARTÉ brand, belongs to us or our licensors. You may view, download and keep your report for personal, non-commercial use.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular aesthetic, cosmetic or health result, or that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the fullest extent permitted by law, LA CLARTÉ will not be liable for any indirect, incidental, special, consequential or punitive damages, or for decisions you make based on your report. Our total liability for any claim relating to the Service is limited to the greater of the amounts you paid us in the 12 months before the claim or US $100.

Some jurisdictions do not allow these exclusions or limits, so they may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnity

To the extent permitted by law, you agree to indemnify us against third-party claims arising from your breach of these Terms, including uploading photos of another person.

15. Changes and termination

• We may improve or change the Service. If we materially reduce what your paid membership includes, we will tell you in advance and you may cancel.
• If we discontinue the Service, we will refund any prepaid amount for the period you can no longer use.
• We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Service. If you do not agree, you can cancel before the changes take effect. Continuing to use the Service afterward means you accept the updated Terms.

16. Dispute Resolution

This Section applies to users who live outside Türkiye. Consumers in Türkiye are covered by the Turkish version of these Terms and may bring claims before the Consumer Arbitration Committees and Consumer Courts in Türkiye.

16.1 Informal resolution first

Before filing a claim, email bonjour@laclarte.app with your name, the email on your account, a description of the dispute and the relief you want. We will try in good faith to resolve it within 60 days.

16.2 Binding individual arbitration

If we cannot resolve a dispute informally, you and LA CLARTÉ agree to resolve any dispute relating to the Service or these Terms by binding individual arbitration, instead of in court, except as stated in Section 16.3.

The Federal Arbitration Act governs this agreement. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator. Hearings may take place by video or in the county where you live. The arbitrator may award the same individual relief a court could award.

16.3 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek public injunctive relief in court where applicable law does not allow that relief to be waived.

16.4 Fees

Arbitration fees are allocated under the AAA Consumer Arbitration Rules, which place most fees on the business. If your claim is under US $10,000, we will reimburse your filing fee unless the arbitrator finds the claim frivolous.

16.5 Class action and jury trial waiver

You and LA CLARTÉ may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. You and LA CLARTÉ waive the right to a jury trial.

16.6 Mass filings

If 25 or more similar demands are filed by or with the help of the same law firm or coordinated group, they will be administered under the AAA Mass Arbitration Supplementary Rules.

16.7 Your right to opt out

You can opt out of this arbitration agreement by emailing bonjour@laclarte.app from the email on your account, with the subject line "Arbitration Opt-Out," within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

16.8 If the class waiver is unenforceable

If the class action waiver is found unenforceable for a claim, that claim will proceed in court, not in arbitration, and the rest of this Section will still apply to other claims.

16.9 Governing law and courts

Except where the Federal Arbitration Act or mandatory consumer protection law of your state or country applies, these Terms are governed by the laws of the State of New York, without regard to conflict of laws rules. Any claim not subject to arbitration will be brought in the state or federal courts located in New York County, New York, unless the law of your place of residence gives you the right to sue at home.

17. Apple App Store

If you use our iOS app: these Terms are between you and LA CLARTÉ, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for any claims relating to it, including product liability, legal compliance or intellectual property claims. If the app fails to conform to an applicable warranty, you may notify Apple for a refund of its purchase price, if any. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. California users

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. General

• These Terms, together with the policies they reference, are the entire agreement between you and us about the Service.
• If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition or sale of assets, with notice to you.
• You agree that we may provide notices, agreements, receipts and other communications electronically, by email to the address on your account or in the Service.
• If the English and Turkish versions differ, the Turkish version governs for consumers in Türkiye and the English version governs for everyone else.

20. Contact

Questions, requests or complaints: bonjour@laclarte.app