AGELESS TERMS OF SERVICE
Last Updated: March 16, 2026
Ageless AI LLC (“Ageless,” “we,” “us,” or “our”) welcomes you. We provide access to Ageless as an educational and entertainment experience that uses artificial intelligence to generate illustrative, simulated images and related content (collectively, the "Service"), subject to the following terms and conditions (the “Terms of Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING AND/OR USING THE SERVICE OR BY CLICKING “I AGREE” WHEN YOU SIGN UP TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, THEN PLEASE DO NOT USE THE SERVICE.
If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Service, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Service. By continuing to access or use the Service after we have posted a modification on the Service, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Service.
FOR UNITED STATES USERS, THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Capitalized terms not defined in these Terms and Conditions shall have the meaning set forth in our Privacy Policy.
ELIGIBILITY
The Service is available only to individuals who are at least the legal age of majority (we may require age verification) residing within the United States or Canada. By accessing or using the Service, you represent and warrant that you are at least of the legal age of majority in the jurisdiction in which you reside.
NO MEDICAL ADVICE
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS AN EDUCATIONAL AND ENTERTAINMENT TOOL ONLY. THE SERVICE PROVIDES AI-GENERATED SIMULATIONS AND EDUCATIONAL CONTENT THAT MAY DEPICT POSSIBLE AESTHETIC OUTCOMES. YOU ACKNOWLEDGE AND AGREE THAT Ageless DOES NOT, THROUGH THE SERVICE OR OTHERWISE, PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND THAT Ageless DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION. THE SERVICE AND THE CONTENT (AS DEFINED BELOW) ARE FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL AI-GENERATED OUTPUTS ARE SIMULATIONS ONLY AND MAY BE INACCURATE, INCOMPLETE, MISLEADING, OR UNREALISTIC. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR COSMETIC PROCEDURE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE SERVICE, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT OR PROVIDER-PATIENT RELATIONSHIP WITH Ageless. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON THE SERVICE AND ANY AI-GENERATED SIMULATIONS IS SOLELY AT YOUR OWN RISK.
RIGHT TO ACCESS AND USE THE SERVICE
Subject to the terms and conditions of this Agreement, Ageless hereby grants you during the term of this Agreement a limited, non-exclusive, non-transferable, non-sublicensable, revocable right, to access and use the Service solely for your personal, non-commercial use.
You will not (and will not authorize, permit, or encourage any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Service; (ii) modify, adapt, or translate the Service, or any portion or component thereof; (iii) make any copies of the Service, or any portion or component thereof; (iv) resell, distribute, or sublicense the Service, or any portion or component thereof; (v) remove or modify any proprietary markings or restrictive legends placed on the Service; (vi) use the Service, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vii) introduce, post, or upload to the Service any virus, worm, “black door,” Trojan Horse, or similar harmful code; (viii) save, store, or archive any portion of the services (including, without limitation, any data contained therein) outside the Service other than those outputs generated through the intended functionality of the Service without the prior, written permission of Ageless in each instance; (ix) use the Service in connection with service bureau, timeshare, service provider or like activity whereby you operate the Service for the benefit of a third party; or (x) circumvent any processes, procedures, or technologies that we have put in place to safeguard the Service.
If you violate this section, reserves the right in its sole discretion to immediately deny you access to the Service, or any portion of thereof, without notice. Ageless reserves the right to change the availability of any feature, function, or content relating to the Service, at any time, without notice or liability to you.
ACCOUNT CREDENTIALS
In order to use certain features of the Service, you will have to create an account, by providing your name, email address, phone number and providing any additional information that will assist us in authenticating your identity when they log-in in the future (collectively, the “Account Credentials”). When creating your account, you must provide true, accurate, current, and complete information and notify us if your information changes. You must treat information related to your Account Credentials as confidential, and you must not disclose it to any other person or entity. You are responsible for all activity performed and transactions entered into on or through your account, and you agree that we may treat any activity performed or transaction entered into on or through your account as authorized by you. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Ageless is under no obligation to accept any individual as registered user, and may accept or reject any registration in its sole and complete discretion. We have the right to disable any Account Credentials at any time for any reason, including if in our sole discretion we believe that you have failed to comply with these Terms of Service.
COMMUNICATIONS AND MARKETING CONSENT
By creating an account and providing your phone number and email address, you expressly consent to receive communications from Ageless and its affiliates, including but not limited to transactional messages, service updates, commercial electronic messages and promotional or marketing communications via email, SMS/text message, and other electronic means. Message and data rates may apply. Message frequency varies. You may opt-out of marketing communications at any time by following the unsubscribe instructions in the communication or by contacting us at support@ageless.ai. Your consent to receive marketing communications is not a condition for purchasing any product; however, you may still receive transactional or service-related communications. By providing your phone number, you represent that you are the subscriber or authorized user of that phone number. You agree to notify us promptly if you change your phone number.
USE OF PERSONAL INFORMATION
Your use of the Service may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://ageless.ai/privacy ), which is hereby incorporated by reference in its entirety.
OWNERSHIP
The Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Ageless (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, and the Service automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Ageless (the “Ageless Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Ageless. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Ageless Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Ageless Trademarks inures to our benefit.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other state, provincial and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
USER CONTENT
The Service may allow you to upload certain content, including but not limited to, photos of your face and provide information about your aesthetic goals and treatments you have explored in the past (collectively, "User Content"). You expressly acknowledge and agree that once you submit User Content for inclusion into the Service, there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT Ageless, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICE. We are not obligated to review any User Content that you submit through the Service and can remove it in our sole discretion, with or without notice.
You retain all copyrights and other intellectual property rights in and to your own User Content. You hereby grant Ageless and Ageless during the term of this Agreement, a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to reproduce, execute, use, store, archive, modify, perform, display and distribute User Content (i) to perform its obligations under this Agreement, including but not limited to, provide, secure, support, and operate the Service, and conduct internal quality assurance and safety review; and (ii) for purposes of training, tuning, improving, and enhancing AI/ML models that are part of the Service and creating Trained Models. For purposes of this Agreement, “Trained Models” means any AI/ML models, algorithms, or improvements created, trained, or enhanced using User Content. Ageless owns all right, title and interest in and to the Trained Models.
We will share your User Content, including personal information with affiliated wellness and aesthetic practices with whom Ageless has an existing agreement to access and use Ageless Services.
If you submit User Content to us, including, but not limited to, by submitting it through the Service, each such submission constitutes a representation and warranty to Ageless that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that User Content only contains images of yourself, that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by Ageless and our third-party service providers as permitted by these Terms of Service, does not and will not infringe, misappropriate or violate the intellectual property, privacy or moral rights of any person or contain any nudity, sexual content, or pornographic materials, libelous, defamatory, or obscene material or content that violates our Community Guidelines or depicts or involves another person without that person’s express permission
AI FEATURES AND FUNCTIONALITY
The Service may use artificial intelligence systems and models, including those developed or operated by Ageless and those provided by third parties, to deliver AI‑enabled features and functionality (collectively, “AI Systems”).
To the extent the Service uses AI Systems provided by third parties (“Third‑Party AI Systems”), your use of AI‑enabled features and functionality may be subject to the applicable terms and conditions of such third‑party providers (“Third‑Party AI Terms”). You acknowledge and understand that User Content may be processed by Third‑Party AI Systems in accordance with the applicable Third‑Party AI Terms. Ageless does not control, and is not responsible for, the practices of third‑party providers of Third‑Party AI Systems, including their use, retention, or handling of User Content, and Ageless makes no representations or warranties regarding the security, confidentiality, or control of User Content once processed by such Third‑Party AI Systems.
For purposes of this Agreement, “Third‑Party AI Systems” means AI systems, models, or tools provided by third parties and integrated with the Service, including without limitation models or services offered by providers such as Claude, Gemini, Grok, OpenAI or other providers selected by Ageless from time to time.
Output. Due to the nature of artificial intelligence, Output (as defined below) may not be unique across all users, and the AI features and functionality of the Service may generate the same or similar Output for different users or third parties. You acknowledge and agree that Output is generated by automated systems and may be incorrect or unpredictable. You may use the Output for any legal and lawful purpose, at your own risk. For purposes of this Agreement, “Output” means any data, information and materials generated by the Service as a result of processing your User Content, including but not limited to, photos, images, simulations, suggestions, recommendations, and predictions.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES THAT MAY PRODUCE OUTPUTS THAT ARE INACCURATE, INCOMPLETE, FABRICATED, MISLEADING, OR INAPPROPRIATE FOR YOUR INDIVIDUAL CIRCUMSTANCES. AI-GENERATED OUTPUTS MAY CONTAIN "HALLUCINATIONS" OR CONTENT THAT APPEARS PLAUSIBLE BUT IS FACTUALLY INCORRECT OR ENTIRELY FICTIONAL. THE SERVICE MAY GENERATE SIMULATED IMAGES THAT DO NOT ACCURATELY REPRESENT POSSIBLE OR ACHIEVABLE RESULTS FOR YOU PERSONALLY. YOU SHOULD NOT RELY ON ANY OUTPUT AS A PREDICTION, GUARANTEE, OR REPRESENTATION OF ACTUAL OUTCOMES. ALL OUTPUTS ARE FOR ILLUSTRATIVE, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND MUST BE INDEPENDENTLY VERIFIED BY YOU AND YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS.
Ownership of Output. Notwithstanding any other provision of this Agreement, Ageless retains all right, title, and interest in and to all Output. You are granted a limited, non-exclusive, non-transferable, revocable license to use Output solely for your personal, non-commercial purposes in accordance with these Terms of Service. You may not sell, license, distribute, or otherwise commercially exploit any Output without Ageless's prior written consent.
Use of De-Identified and Aggregated Content. Unless you opt-out through your account settings on the Service or by contacting support@ageless.ai , you grant Ageless a non-exclusive, royalty-free license to use de-identified and/or aggregated User Content to operate, improve, maintain, and enhance the Service, including to develop and refine our artificial intelligence and machine-learning models. You acknowledge that de-identified and aggregated data derived from your User Content may be used to improve AI model performance, develop new features, and enhance service quality. Ageless will not use personally identifiable biometric data for model training without your separate, explicit consent. You may withdraw your consent to model training at any time by updating your account settings or contacting us at support@ageless.ai ; however, withdrawal of consent will not affect any training that occurred prior to such withdrawal.
No Sale or Marketing Use of Photos. Ageless does not sell your photos for third-party marketing purposes. Ageless does not permit third parties to use your photos for their own marketing or promotional activities without your explicit permission. Notwithstanding the foregoing, you acknowledge and agree that Ageless may, in its sole discretion, provide you with information about or referrals to healthcare providers or practices that may offer services relevant to your aesthetic goals, provided that your personal photos will not be shared with such providers without your prior consent.
FEES
The Service is currently provided to you free of charge. We reserve the right to institute new or additional fees, at any time upon notice to you.
COMMUNITY GUIDELINES
By accessing and/or using the Service, you hereby agree to comply with the following guidelines:
You will not use the Service for any unlawful purpose;
You will not access or use the Service to collect any market research for a competing business;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
constitutes promotion or advertising of any third-party website, product or service; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or similar information.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, disassemble, or otherwise attempt to discern the source code or interface protocols of any software or other products or processes accessible through the Service;
You will not resell, distribute, or sublicense the Service, or any portion or component thereof;
You will not remove or modify any proprietary markings or restrictive legends placed on the Service;
You will not use the Service, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in these Terms of Service;
You will not use the Service in connection with service bureau, timeshare, service provider or like activity whereby you operate the Service for the benefit of a third party;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Service;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Service;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not introduce, post, or upload to the Service any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Service, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Service to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Service;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means;
You acknowledge that the Service may generate Outputs that are inaccurate, incomplete, or inappropriate, and you will independently evaluate and verify all Outputs before relying on or using them;
You will not misrepresent Outputs as real, clinical, or guaranteed results; and
You will not use the Service to diagnose, treat, or provide medical advice to yourself or others.
Violation of these guidelines may result in suspension or termination of access to the Service, removal of User Content or Outputs, and any other remedies available under the Terms of Service or applicable law.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service and our other products or services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
ALTHOUGH CERTAIN DATA, MATERIALS, AND OUTPUTS GENERATED BY THE SERVICE MAY BE USED AS AN INFORMATIONAL AID TO HELP YOU MAKE MORE INFORMED DECISIONS, THEY ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR YOUR INDEPENDENT JUDGMENT. ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE SERVICE AND/OR OUTPUTS ARE MADE AT YOUR SOLE DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION, AND NO MEDICAL CONCLUSIONS OR TREATMENT DECISIONS SHOULD BE MADE BASED ON ANY DATA, MATERIALS, OR OUTPUTS PRODUCED OR CAPTURED BY THE SERVICE.
THE SERVICE, THE CONTENT, AI SYSTEMS, AND THE OUTPUTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER Ageless NOR Ageless’S SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND Ageless HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT Ageless AND Ageless’S SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Ageless MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS, OR CURRENCY OF THE SERVICE, ANY CONTENT, OR ANY OUTPUTS GENERATED BY THE SERVICE. OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR OUTDATED, AND YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING THE ACCURACY AND APPROPRIATENESS OF ANY OUTPUT BEFORE RELYING ON IT.
YOU AGREE THAT ANY RELIANCE ON THE SERVICE, THE CONTENT, OR ANY OUTPUTS IS AT YOUR SOLE RISK. Ageless DOES NOT WARRANT OR GUARANTEE ANY RESULTS ACHIEVED OR ACTIONS TAKEN BASED ON THE SERVICE OR ANY OUTPUTS. THE SERVICE AND ANY CONTENT, OR OUTPUTS ARE PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY AND DO NOT REPLACE THE NEED FOR YOUR OWN REVIEW, VERIFICATION, AND INDEPENDENT JUDGMENT. ANY DECISION, ACT, OR OMISSION BASED ON THE SERVICE OR ITS OUTPUTS IS MADE ENTIRELY AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ageless, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, “Ageless PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Ageless PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT.
THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE AT ANY TIME WITHOUT NOTICE.
EXTERNAL SITES
The Service may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
INDEMNIFICATION
You will indemnify, defend, and hold Ageless, its affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Ageless Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Ageless Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from your (i) breach of this Agreement, including but not limited to, any breach of your representations and warranties; (ii) use of the Service, Content, and/or any Output; (iii) negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; (iv) your User Content; or (v) violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.
COMPLIANCE WITH APPLICABLE LAWS
The Service is based in the United States. We make no claims concerning whether the Service may be viewed or be appropriate for use outside of the United States. If you access the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
In the event that a healthcare provider or practice terminates its agreement with Ageless with respect to the Service, Ageless shall retain the right to maintain User Content and continue its direct relationship with you as a user of the Service, subject to this Agreement. You acknowledge and agree that your relationship with Ageless through the Service is independent of any relationship you may have with a healthcare provider or practice, and that Ageless may continue to provide the Service and communicate with you directly following any such termination.
DATA RETENTION AND DELETION
We retain uploaded images and related User Content, including biometric identifiers in accordance with applicable laws, unless you request earlier deletion. Biometric identifiers, if any, are permanently destroyed once the initial purpose for their collection has been satisfied or within three (3) years of your last interaction with the Service, whichever occurs first.
You may request deletion of your User Content by (i) using the deletion link included in your results (if available), or (ii) contacting us at support@ageless.ai . We will process deletion requests within a reasonable timeframe, subject to lawful exceptions, including retention required for security, compliance, or legal obligations.
DIGITAL MILLENNIUM COPYRIGHT ACT
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
DMCA Agent
Jeffrey Matthews
legal@ageless.ai
If you believe that your work has been copied on the Service in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Service where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Counter-Notification Procedures
If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).
Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Act.
BINDING ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW
For United States of America Users:
In the event of a dispute arising under or relating to this Agreement, and/or the Service (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com . Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 21 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Except for disputes subject to binding arbitration pursuant to these Terms of Service, the parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement
For Canadian Users:
This Agreement will be governed by the laws of Ontario and the laws of Canada applicable therein, without reference to any conflicts of laws principles. Any dispute hereunder shall be referred to the exclusive jurisdiction of the courts of Ontario located in the City of Toronto. Before proceeding with a dispute, the parties will endeavour to resolve a potential dispute. If no resolution is achieved within thirty (30) days from the initial notice of dispute, the parties agree to proceed to mediation in the City of Toronto, Ontario. The parties agree that mediation of a dispute shall be submitted to JAMS, or its successor, and conducted pursuant to its applicable rules and procedures. Mediation shall be conducted by a mediator with substantial experience in resolving consumer complaints. If either Party requests Mediation, each Party will, within ten (10) calendar days of such request, provide the other Party with a list of at least three (3) mediators satisfying the above requirements and the Parties will select the mediator from such lists within five (5) calendar days. If the Parties are unable to agree on a mediator, both Parties agree to the JAMS mediator selection process. The mediation will take place in Toronto, Ontario, and the parties and mediator shall agree to a standard nondisclosure agreement regarding the contents and outcome of the mediation. The parties shall use best efforts to bring the mediation to conclusion within sixty (60) calendar days of the initial request for mediation.
EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
MISCELLANEOUS
If the Agreement is terminated in accordance with the termination provision in Section 19 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Ownership,” “Use of De-Identified and Aggregated Content,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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