Terms of Service for HairGrowth AI

Acceptance of Terms

By downloading, installing, or using the HairGrowth AI mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

About Nigelware and HairGrowth AI

Nigelware is the developer and owner of HairGrowth AI. HairGrowth AI is an AI-powered mobile application designed to help users track and monitor their hair health journey through photo analysis, progress tracking, and personalized insights.

Medical Disclaimer

• The App is not a substitute for professional medical advice, diagnosis, or treatment
• Always consult with a qualified dermatologist or healthcare provider regarding hair loss, scalp conditions, or any medical concerns
• Do not disregard professional medical advice or delay seeking it based on information provided by the App
• If you have a medical emergency or urgent concern, seek immediate professional medical attention
• The AI analysis is based on visual assessment only and cannot detect underlying medical conditions

License to Use

Subject to these Terms, Nigelware grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use.

Subscription and Payment Terms

Free Trial

• Your first hair scan is always free, allowing you to try the App's core functionality
• No payment information is required for the first scan

Premium Subscription

• Additional scans and premium features require an active subscription
• Subscriptions are processed through Apple's App Store
• Subscription fees are charged to your Apple ID account
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage or cancel your subscription in your Apple ID Account Settings
• No refunds for partial subscription periods
• Pricing may vary by region and is subject to change with notice

Permitted Uses

You may:

• Capture and analyze photos of your hair and scalp for personal tracking
• Track your hair health progress over time
• Record and monitor your hair care treatments and routines
• Use AI-generated insights for informational purposes
• Export or delete your personal data
• Provide feedback to help improve the App

Prohibited Uses

You may not:

• Use the App to diagnose, treat, or manage any medical condition
• Upload photos of other people without their explicit consent
• Share or distribute analysis results as medical advice or professional recommendations
• Modify, reverse engineer, decompile, or disassemble the App
• Use the App for any commercial purpose without written permission
• Distribute, rent, lease, sell, or sublicense the App
• Remove or alter any copyright, trademark, or proprietary notices
• Attempt to circumvent subscription requirements or payment systems
• Use automated systems or bots to access the App
• Attempt to gain unauthorized access to any part of the App, its systems, or networks
• Upload inappropriate, offensive, or harmful content
• Use the App in violation of any applicable laws or regulations

Your Content and Data

• You retain ownership of all photos and data you upload to the App
• By using the App, you grant Nigelware a license to process your photos through AI services for analysis purposes
• You represent and warrant that you have the right to upload all content you provide
• Any feedback, suggestions, or communications you provide may be used by Nigelware without restriction or compensation
• You are responsible for maintaining backups of your important data

AI Analysis and Accuracy

• AI analysis results may vary based on photo quality, lighting, and other factors
• Analysis is based on visual assessment only and cannot detect underlying conditions
• Progress tracking is dependent on consistent photo capture conditions
• We continuously improve our AI models, which may result in different analysis results over time

Privacy and Data Use

Your use of the App is also governed by our Privacy Policy. By using the App, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

Third-Party Services

The App uses third-party services including:

• Google Gemini AI: For photo analysis and insight generation
• Apple StoreKit: For subscription management and payments
• Superwall: For paywall presentation and optimization

Your use of these services is subject to their respective terms of service and privacy policies.

App Availability and Updates

• The App is provided "as is" and "as available"
• We may update, modify, suspend, or discontinue the App or any features at any time without notice
• Updates may be required for continued use of the App
• We do not guarantee the App will be available at all times or free from errors or interruptions
• We reserve the right to change subscription pricing or features with notice

Intellectual Property

The App and all its content, features, functionality, AI models, design, and code are owned by Nigelware and are protected by international copyright, trademark, patent, and other intellectual property laws.

Limitation of Liability

To the fullest extent permitted by law:

• Nigelware shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the App subscription in the 12 months preceding the claim
• We do not warrant that the App will be error-free, uninterrupted, or meet your specific requirements
• We are not liable for any health-related decisions or outcomes based on App usage
• We are not responsible for data loss, though we recommend regular backups

Indemnification

You agree to indemnify and hold Nigelware harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Content you upload or share through the App

Apple-Specific Terms

For users who download the App through the Apple App Store:

• These Terms are between you and Nigelware only, not Apple
• Apple is not responsible for the App, its content, or any claims related to it
• Apple has no obligation to provide support, maintenance, or warranty for the App
• Apple is not responsible for addressing any claims by you or third parties relating to the App
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them
• You must comply with all applicable third-party terms when using the App

Termination

These Terms remain in effect until terminated by either you or Nigelware:

• You may terminate by deleting the App and cancelling your subscription
• Nigelware may terminate or suspend your access immediately for any reason, including violation of these Terms
• Upon termination, your license to use the App ends immediately
• Provisions regarding liability, indemnification, and intellectual property survive termination

Updates and Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through the App or via the email associated with your account. Changes are effective immediately upon posting. Your continued use of the App after changes constitutes acceptance of the updated Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in California.

Dispute Resolution

For any disputes arising from these Terms or use of the App:

• We encourage you to first contact us to resolve the issue informally
• If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
• You waive any right to participate in class action lawsuits or class-wide arbitration

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nigelware regarding the use of the App and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: