Last Modified: 6.17.24

Please read carefully the following terms of service. By registering for and/or accessing, browsing, using or subscribing to the Service, or by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications (collectively, the “Terms”), and to the collection and use of your User Data as set forth in the Company Privacy Policy.

Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

These Terms of Service govern your use of the MDacne.com website and the software and services made available there, as well as any other websites, subdomains, or services owned or controlled by MDalgorithms Inc. (“Company,” “we,” “our,” or “us”), including purchase of Company products (“Products”) thereon, together with any Mobile Software (as defined herein) made available to you by the Company (collectively, the “Service”). To access the Service, users must at all times agree to and abide by these Terms. The Service allows you to submit, store, and access certain private and public data related to you (collectively, “User Data”).

This Terms of Service for the Service is a legal contract between you, either an individual subscriber, customer, member, or user or a single company, organization, or entity (“you” or, collectively with other users, “Users”) and Company regarding your use of the Service. Company may have different roles with respect to different types of Users, and “you” as used in these Terms will apply to the appropriate type of User under the circumstances.

Please read carefully the following terms of service. By registering for and/or accessing, browsing, using or subscribing to the Service, or by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications (collectively, the “Terms”), and to the collection and use of your User Data as set forth in the Company Privacy Policy .

License Grant. Subject to the terms and conditions of these Terms, Company hereby grants to you a limited, personal, non-transferable license to use the Service in the manner contemplated by these Terms solely for your internal business purposes. Users shall have no right to sub-license or resell the Service or any component thereof.
No Professional Advice. If the Service provides professional information, such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. Without limiting the foregoing, the contents of the Services are for informational purposes only. The Company’s products made available through the Service are over the counter products that can be purchased without the need for a medical prescription. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it due to the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Company does not recommend or endorse any specific tests, physicians, prescription products, procedures, opinions, or other information in the Services. Reliance on any information provided by Company or its employees, agents or third parties via the Services is solely at your own risk; as with all products, individual results may vary, thus we do not offer a money back guarantee. The Services may contain health - or medical-related materials that are explicit and if you find these materials offensive, you may not want to use the Services.
Privacy. User privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.
Modification of the Terms. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms and any Guidelines prior to service sign up and periodically for changes. When we change the Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. If the Terms and/or any such revision is unacceptable to you, your only remedy is to terminate your Company User Account.
Mobile Software

Generally, we may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one User account on one mobile device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software.
1. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third-party partners or suppliers retain all right title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
2. Mobile Software from the Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
3. Mobile Software from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Company, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the Company’s Google-Sourced Software.
Eligibility; Termination.
1. The Service is not available to persons under 13 years of age or to any Users previously suspended or removed from the Service by Company.
2. Creating multiple accounts in order to take advantage of the discounted trial is subject to account termination.
3. Company may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice.
4. You agree that Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Company. In addition, the Company reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Data. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Company will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
Account Activity Responsibility
1. User Accounts. In order to use certain aspects of the Service, you will have to register for the Service and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for all information on your account, as well as maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your User Account. Any modifications and changes to your Account information must be made prior to any purchase (one-time purchases, scheduled treatment or subscription renewals).
2. System Access. You may choose to allow the Company to automatically retrieve data from your system(s) or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow Company to so automatically access such system(s) and services and you hereby grant the Company permission to access such system(s) and services and retrieve User Data therefrom by indicating the same within your User Account. Company disclaims any and all liability associated with accessing and retrieving User Data from such system(s) and services on your behalf. If at any time you do not have the right and authority to allow Company automatic access to such system(s), then you hereby agree to immediately disable such functionality within your User or Administrator Account.
3. Account Information. You acknowledge and agree that Company may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to bank disputes; (c) enforce these Terms; (d) respond to claims that any User Data violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of Company, its users, or the public.
Product Orders and Payment Terms:
1. Placing an Order. After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of order confirmation does not constitute Company’s acceptance of your order. Without prior notification, the Company maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Company reserves the right not to sell to resellers, dealers, or distributors. If your order is canceled, we will attempt to notify you using the email address you have given us with the order.
2. No Sales to Children. Company does not sell products through its Service for or to children (<13 years old), but only to teens and adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent or legal guardian. The Company will not be held responsible should your child choose to bypass any security features in place in order to determine the User's age.
3. Payment Methods. We accept various payment methods for Product purchases through our Service. We will bill your payment method when you place an order for a Product through the Service. Company will not fulfill any Product order without authorization validation of your purchase from your payment method.
4. Price and Product Changes. The Company may revise the price list at any time to (a) change the list prices for products, subscriptions, and other services or deliverables, and (b) increase or reduce product size, quantity and other services or deliverables available for purchase.
5. Offers. You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Marketing materials, such as social media advertisements and influencer posts, may not always accurately reflect the most current price and product offerings. The most accurate and up-to-date information will be on our website.
6. Colors and Other Features. We have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, size, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.
Shipping:
1. We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During busy times or circumstances outside of our control, such as holiday periods, periods of inclement weather, etc., there may be additional processing and shipping delays.
2. You agree to not hold the Company liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. Any delivery issues need to be reported appropriately and in a timely manner. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems.
3. For lost in transit or delayed shipments, carrier policies will apply before we are able to file a claim (outlined on our Support Page). Issues with lost or delayed deliveries need to be reported within 30 days from the last carrier tracking update. This excludes packages that have been marked as "Delivered" or "Arrival in Destination Country". A package that has been marked as "Delivered" or "Arrival in Destination Country" is not eligible for a lost in transit claim, nor eligible for a refund or replacement.
4. Any damage, issues with the product, or missing items need to be reported within 20 days from the delivery date (based on the tracking), including clear photo evidence, to be eligible for a claim.
5. Returned to Sender shipments are not valid claims. If there is a problem with delivery, contact the carrier service immediately to resolve any problems to avoid returns. Should your shipment be returned ("Returned To Sender") for any reason, any shipping & processing fees paid to the carrier will not be refunded. Moreover, as the originating warehouse does not generally accept returns, additional fees will also be applied aside from those already paid to the carrier.
6. Shipping information is captured during checkout, be it manually or automatically (if using digital wallets) and may be updated by logging in to your Account or contacting us for changes. Once an order is processed for dispatch, we can no longer make any changes to your order (products, shipping address, delivery speed, etc), nor cancel it.
7. The Company is not responsible for any customs fees, import duties or taxes that is enforced by your country's customs regulations.
8. Unless otherwise provided by notice from Company, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt or alter (when possible), the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take such action.
Returns.
1. Unfortunately, these are medical products that cannot be reused if returned. Therefore, there will be no refund for the initial costs of the discounted first-month kit. Subscription kits that are automatically shipped as part of your active subscription, after the first trial month concludes, will not be eligible for a return or refund.
2. We are only able to accept returns of unopened first-time purchases of individual shop products (single orders). This does not include subscription kits. Should a return be offered, the product/s need to be returned within 10 days of delivery date (based on carrier tracking). You are not to return the items to the place of origin, rather you will be provided with an address where the items need to be sent to. The company will not cover the shipping costs of sending the products to the customer (this covers all expenses related to fulfillment, processing & shipping), nor the shipping costs of returning the products to the company. In the scenario that you return the items to the place of origin (warehouse) other than the one provided to you, additional return fees (excluding fulfillment, processing & shipping fees mentioned prior) will be applied and deducted to your total refund. A refund will not be issued to you if you cannot provide proof of return (return receipt + tracking).
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For California transactions, all prices of taxable items include sales tax reimbursement computed to the nearest mill.
Other Payment Terms.
1. You are responsible for paying any applicable fees as set forth on our payment terms specified in the MDacne app, and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. Only currencies listed on our checkout page for the respective location are deemed acceptable as valid forms of payment. We strictly prohibit customers from selecting or attempting to use any other currency for transactions. All payments must be made electronically by the methods specified within the Service. You agree that we may charge any payment method on file, for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Company if your selected payment method is canceled (e.g., for loss or theft). All fees and charges are earned upon receipt by us and are nonrefundable (and there are no credits) except (a) as expressly set forth herein, and/or (b) as required by applicable law.
2. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your family members, friends, co-workers, colleagues, team members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent Company is obligated to collect such taxes, the applicable tax will be added to your billing account.
3. Authorization to charge the payment method on the account will remain in effect until you cancel or modify your preferences within the Service; provided, however, that such notice will not affect charges submitted before Company could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service or on the payment terms specified on the MDacne app. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
4. Company reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least five (5) days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that Company can charge these unpaid fees to any payment method that you have previously provided.
5. Your Service will be automatically renewed one (1) month after your initial sign up, without further authorization from you, and the payment method on file will be charged per your plan selection respectively (e.g. every 1,2, 3 or 6 months). You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees, or if there are any currency rate conversion associated with your purchase.
6. The MDacne subscription is a monthly, bi-monthly, or quarterly membership service that automatically renews per your subscription plan term (e.g. every 1,2, 3 or 6 months) respectively, i.e. if you are on the bi-monthly plan, the member will receive a 2 month supply of their chosen customized treatment kit.
7. Upon sign up, you have unrestricted access to your account settings. You are able to cancel your subscription, and/or place any further orders from your account (either on the MDacne app or on the website). You hereby consent to and authorize any changes made to your subscription may result in additional charges, either for one-time orders or further subscription kits.
8. For subscriptions, you must cancel your subscription or modify you next billing & shipping date from within the Service at least five (5) business days prior to the next billing date to avoid being charged for the next billing period. You can do this from the MDacne app, on your account settings on the website or by contacting support.
9. Subscription renewals may be completed by the customer via their account settings. Upon reactivation, your service will be set back to the subscription plan initially chosen prior to cancellation. You shall be held accountable for all associated costs, as well as ensuring all applicable information (e.g. delivery address) is updated prior to renewal.
Restrictions.

When using the Service, you agree not to:
1. Upload or transmit via the Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
2. Use the Service for any purpose that is unlawful or is otherwise prohibited by these Terms;
3. Use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it;
4. Attempt to gain unauthorized access to the Service, or any part of them, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
5. Modify the Service in any manner or form, or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
6. Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service;
7. Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
8. Share Company-issued passwords with any third party or encourage any other User to do so;
9. Misrepresent the source, identity, or content of User Data;
10. Modify, adapt, translate or create derivative works based upon the Service;
11. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
12. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party; provide time sharing or similar services for any third party; or use the Service for any purpose other than your own internal business use;
13. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service or Service;
14. Access the Service if you are a direct competitor of Company, except with Company’s prior written consent, or for any other competitive purposes; or
15. Collect or harvest any personally identifiable information, including account names, from the Service.
User Data:
1. Use of User Data. By submitting User Data to Company, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for Company and its subcontractors and service providers to provide the Service. Company shall have no right to sublicense or resell User Data, except however, that you agree that Company may collect, analyze, and use data derived from User Data, which may include Personal Data and/or information collected from or about an individual but which does not identify the individual personally, as well as data about you, and other Users’ access and use of the Service, for purposes of operating, analyzing, improving, or marketing the Service and any related services. If Company shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. By way of example and not limitation, Company may: (a) track the number of users on an anonymized aggregate basis as part of Company’s marketing efforts to publicize the total number of Users of the Service; (b) analyze aggregated usage patterns for product development efforts; (c) use anonymous data derived from User Data in a form which may not reasonably identify either a particular individual or the User to develop further analytic frameworks and application tools; or (d) use the anonymized user’s images, to fine-tune and improve Company’s computer image analysis abilities. You further agree that Company will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized aggregated data.
2. Your Responsibilities for User Data. In connection with User Data, you hereby represent, warrant, and agree that: (a) you have obtained the User Data lawfully, and the User Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) the User Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Company or its subcontractors to provide the Service; (c) all User Data has and will be collected by you in accordance with a privacy policy that permits Company to share, collect, use, and disclose such User Data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data provided hereunder; (e) Company may exercise the rights in User Data granted hereunder without liability or cost to any third party; and (f) the User Data complies with the terms of these Terms. For purposes of clarity, Company takes no responsibility and assumes no liability for any User Data, and you will be solely responsible for its User Data and the consequences of sharing it hereunder.
3. Security Incidents. In the event that User Data is disclosed to or accessed by an unauthorized party, Company will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third-party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost, and method of any such notice and compliance with such laws.
4. No Responsibility for Backups. Company will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your User Data.
5. Rights to User Data. You own all right, title and interest (including all intellectual property rights) in and to your User Data.
User Content
1. Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, images, videos, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
2. We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. The company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
3. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. By using the Services, you may choose to post certain User Content to be made visible and available to other Users through the community portion of the Services, if you choose to do so, you also hereby grant each User of the Service a non-exclusive license to access such User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or another jurisdiction.
5. In connection with your User Content, you affirm, represent and warrant the following:
6. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
7. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
8. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
9. The company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
10. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
11. The company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Ownership; Proprietary Rights. The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by Company, but expressly excluding any of the foregoing owned or licensed by and posted to the Service at the direction of Users (including without limitation User Data) (“Materials”) are protected by intellectual property and other applicable laws. Except for any technology licensed by Company, which is owned by and provided by our third-party licensors, all Materials contained in the Service, including without limitation the intellectual property rights therein and thereto, are the property of Company or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
1. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
Third-Party Sites, Third-Party Information
1. The Service may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). Company makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
2. You acknowledge that Company does not manage or control the User Data that you access, store or distribute through the Service, and accepts no responsibility or liability for that information regardless of whether such User Data is transmitted to or by you in breach of these Terms. Company makes no warranty with respect to such User Data you may access, store or distribute through the Service. In particular, without limiting the generality of the foregoing, Company makes no warranty that such User Data will be free of any virus, worm, trojan horse, easter egg, time bomb, cancelbot, or other destructive or malicious code or programs. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect to the third party and/or User Data that you choose to access, store or distribute, through the Service.
Security and Privacy Settings. We have implemented commercially reasonable technical and organizational measures designed to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide personal data or other sensitive information in connection with the use of the Service and that you provide any such information at your own risk.
Disclaimers; No Warranties
1. The Service and any third-party or User Data, software, services, or applications made available in conjunction with or through the Service is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Company, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
2. The company, its suppliers, licensors, and partners do not warrant that the functions contained in the Service will be uninterrupted or error-free, that the Service will meet your requirements, that defects will be corrected, or that the Service or the server that makes it available is free of viruses or other harmful components.
3. The company, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Service in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain third party or User Data, material, or data through the use of the Service at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third party or User provided information, material, or data. The company will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or User Data.
4. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Limitation of Liability
1. Under no circumstances, including, but not limited to, negligence, will Company or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Service, or any other interactions with Company, even if Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
2. In no event will Company’s or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Service, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater.
3. You acknowledge and agree that Company has offered its products and services, set its prices, and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Company.
Indemnification. You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you, including User Data or User Content; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code. The company will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Company. The company will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
Location of the Service. The Service is controlled and operated from our facilities in the United States. The company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
MDacne Money Back Guarantee

We’re committed to providing you with satisfactory service. If you’re not happy with our service, you may submit a claim under our money back guarantee. You may get your money back if the following conditions are satisfied:
- You’re a first time user of MDacne acne service;
- You begin your treatment plan after 17 June 2024;
- On the day you start your treatment plan (but before the first use of any products included in your treatment plan) and then every 30 days during treatment, you must take a photo or set of photos of your face and upload them to the "Selfie Tracker" in the account settings in the MDacne website.
- You must apply or use the products in your treatment plan strictly in accordance with the user guidelines for each product;
- Then, if you’re not happy with our acne service 180 days from the day you first subscribed to the MDacne Acne Kit, you may submit a claim under our guarantee. You must submit your claim to our customer support team between 180 and 210 days after the day you first subscribed to MDacne Acne Kit. We will carefully consider your claim and if we ask you to do so, you will upload your photos to our website, or send them to us via email; and If we agree that your treatment plan has been less than satisfactory, we shall notify you accordingly and refund to you the price paid for the treatment within 30 days of such notification. We shall refund you using the same method you used to pay for the treatment. We shall not be liable for any disappointment suffered if you do not experience any reduction in acne.
  
  We may reject your claim if:
- We reasonably believe that we’ve delivered a satisfactory service which aligns with your treatment plan.
- We ask for your photos, and you either do not send us the correct number of photos in accordance with our guidelines or the photos otherwise do not comply with the requirements of our guidelines, for example they were taken from the wrong angle, orientation or the photos are unclear.
- Your subscription is paused or canceled at any time during the first 180 days of your treatment.
- You have purchased or used any acne treatment from us before.
- We reasonably believe that the photos you send have been digitally altered, are not of the same person or your claim is otherwise dishonest or fraudulent.
  
  Please note:
- We may withdraw this guarantee at any time for new customers of our acne service.
Governing Law; Arbitration; and Class Action/Jury Trial Waiver

Governing Law. You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement and any claim or dispute that has arisen or may arise between you and Company regarding your use of the Services shall be governed by and interpreted under the internal substantive laws of the State of California without respect to its conflict of laws principles. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in the Section below entitled ”Arbitration,” you agree to submit to the personal jurisdiction and venue of the federal and state courts located in San Francisco County, California, specifically for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any court proceedings if the arbitration provision below is found to be unenforceable.
1. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the Company and how claims are resolved, including our agreement to waive the right to a trial by jury and a prohibition on class and representative actions and non-individualized relief pursuant to which you agree to waive your right to participate in a class action lawsuit against the Company. You and Company agree that any claim, dispute or controversy at law or equity that has arisen or may arise between you and us, including claims or disputes that arise out of or are related to the Services or these Terms, shall be resolved exclusively through final and binding arbitration or in small claims court (if the claim is within the jurisdiction of a small claims court). Notwithstanding anything to the contrary in these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this agreement to arbitrate. Before bringing any dispute or claim to arbitration, each party must first send to the other party a Notice of Dispute. You can send this Notice of Dispute by certified mail to our address at: 548 Market St #86774 94104-5401, San Francisco, California, and Company will send this notice to you via certified mail to the address Company has on file. If we are unable to resolve the claim or dispute within 60 days after the notice is received, either party may commence an arbitration proceeding by sending a Demand for Arbitration as provided below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, and the AAA’s Consumer Arbitration Rules shall apply. A form for initiating arbitration proceedings, procedures for sending a Demand for Arbitration, and more information about AAA’s rules, are available on the AAA’s website at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that the AAA is not available or unwilling to administer the arbitration, then parties agree to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Optional Expedited Arbitration Procedures, or by any other arbitration administration service that the parties agree. We will pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.
2. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. The arbitrator may award relief only in favor of the individual party seeking relief and not in favor of any other Company customers or third parties. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or another representative proceeding of any kind.
3. Opt-Out. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice to our address at: 548 Market St #86774 ,94104-5401, San Francisco, California. If you opt-out, then a court will resolve any dispute or claim. Your opt-out notice must be mailed no later than 30 days after you first accept these Terms or we first provided you with your right to reject this Arbitration section. This procedure is the only way you can opt-out of the agreement to arbitrate. Rejecting the Arbitration provisions has no effect on any other provisions of these Terms or any prior or future arbitration agreement or dispute resolution provisions between you and Company which will remain in full force and effect. If you do not reject this Arbitration section, it will be effective as of the date of your acceptance of these Terms and will supersede any prior arbitration agreement between you and Company that would otherwise be applicable.
Miscellaneous
1. Notice and Modifications. Company may provide you with notices, including those regarding changes to the Company’s terms and conditions, by email, regular mail, or postings on the Service. Notice will be deemed given twenty-four hours after email is sent unless Company is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given five (5) days following the initial posting. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
2. Waiver. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.
3. Severability. If any provision of these Terms, an Individual Service Agreement, or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
4. Assignment. These Terms, Individual Service Agreements, and related Guidelines, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Company without restriction.
5. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 3 and 8 through 21.
6. Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
7. Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Company as set forth in these Terms.
8. Claims. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
9. Disclosures. The Service is offered by MDalgorithms Inc., located at 548 Market St #86774, San Francisco, California 94104-5401, and can be reached via email at support@mdacne.com. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.