1. Acceptance of the Terms
These Terms and Conditions ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and Ourskin, Inc., doing business as "GRLY" ("GRLY," "we," "us," or "our").
These Terms govern your access to and use of the GRLY mobile application (the "App"), the website located at grlyapp.co (the "Website"), and all related products, content, and services, including subscriptions and other purchases made in the App and e-commerce transactions conducted through our online store at grly.co (the "Store") (collectively, the "Services").
By creating an account, making a purchase, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you may not access or use the Services.
2. Eligibility and Your Account
Age Requirement: You must be at least 16 years of age to create an account and use the Services.
Users Under the Age of Majority: If you are between the age of 16 and the age of legal majority in your jurisdiction (typically 18), you represent and warrant that you have reviewed these Terms with your parent or legal guardian and that they have consented to your use of the Services on your behalf.
Account Security: When you create an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain the security of your password and accept all risks of unauthorized access to your account; and (c) promptly notify us at connect@grlyapp.co if you discover or suspect any security breach related to the Services.
Health-Data Consent: The App tracks your supplements and lets you record check-ins and journal entries. Processing this information requires your explicit consent, as described in our Privacy Policy. Because the App cannot work without it, withdrawing that consent means deleting your account.
Deleting Your Account: You may delete your account at any time in the App (Settings). Deleting your account permanently removes your data as described in our Privacy Policy, and it does not cancel a subscription billed by Apple. See Section 4.
3. License to Use the Services
Subject to your compliance with these Terms, GRLY grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your own personal, non-commercial use. This license does not include any right to resell or commercially use the Services or their contents.
4. Subscriptions and In-App Purchases
Free and Premium Features: Some features of the App are free. Others, such as additional label scans and every monthly Wrapped after your first, are available with a paid subscription or one-time purchase ("Premium"). The features included in Premium are described in the App at the time of purchase and may change over time. Your journal is free.
Billing Through Apple: Purchases in the App are made through Apple's App Store and charged to your Apple ID. Prices are shown in the App before you buy and may vary by country.
Auto-Renewal: Monthly and annual subscriptions renew automatically at the end of each period at the then-current price unless you turn off auto-renew at least 24 hours before the current period ends. Your Apple ID is charged for the renewal within the 24 hours before the current period ends. You can manage or cancel a subscription at any time in your Apple ID settings. Cancelling stops the next renewal, and you keep Premium until the end of the period you have paid for.
Free Trials: Where a free trial is offered, its length is shown before you start it. Unless you cancel at least 24 hours before the trial ends, the subscription begins and your Apple ID is charged when the trial ends. Any unused portion of a free trial is forfeited if you purchase a subscription during it.
Lifetime Purchase: A lifetime purchase is a one-time payment that unlocks Premium on your account for as long as we offer the App. It does not renew and is not a subscription.
Refunds: Refunds for App Store purchases are handled by Apple under its policies. If Apple refunds a purchase, the Premium access it bought ends.
Restoring Purchases: If you reinstall the App or use a new device, you can restore your purchases with the same Apple ID ("Restore purchase" in the App).
Price Changes: We may change prices. Apple will notify you before a price increase applies to an existing subscription, as Apple's rules require.
5. E-Commerce Terms for Product Sales
This section governs the purchase of physical products ("Products") from our Store at grly.co.
Our Role as Seller: We are the seller of record for all Products purchased through the Store. While we use third-party platforms like Shopify to facilitate payment processing and order management, your contract for the purchase of Products is with Ourskin, Inc.
Pricing and Payment: All prices are listed in U.S. Dollars and are exclusive of applicable sales taxes, which will be added to your total at checkout. We reserve the right to change prices at any time. You authorize us and our third-party payment processor (e.g., Shopify Payments) to charge your selected payment method for the total amount of your order.
Shipping: Product sales and shipping are currently limited to addresses within the United States. We do not ship to P.O. boxes or freight forwarders. Shipping times are estimates and not guaranteed. Risk of loss and title for Products pass to you upon our delivery to the carrier.
Refunds and Returns: If you are not satisfied with a Product you have purchased, please contact us at connect@grlyapp.co within 30 days of receiving your order to request a return authorization. Products must be returned in their original, unopened condition. We do not cover the cost of return shipping. Refunds will be issued to the original payment method upon our receipt and inspection of the returned Product.
6. Your Content
What Is Yours: The information you enter in the App, such as your supplements, doses, notes, check-in answers, journal entries, and what you take each supplement for ("Your Content"), belongs to you.
What We Do With It: You give us a limited license to store, process, and display Your Content only to provide the Services to you, as described in our Privacy Policy. We do not sell Your Content or use it for advertising. We never send your journal to any artificial-intelligence service, and no AI reads, writes, or summarises it.
Sharing: Some features, such as your monthly Wrapped, let you create an image and share it to other apps (for example, Instagram). Nothing is shared unless you choose to share it. Once you share content outside the App, the other service's terms and privacy practices apply, and we cannot remove it for you.
Sharing with a partner: If you pair with someone in the App, they see the progress summary described in our Privacy Policy, and you see theirs. Pair only with people you know and trust. You can pause, unpair or block at any time. We are not responsible for what another user does with what you share with them.
7. Label Scanning and Automated Features
The label scanner reads a photo of a supplement label using automated processing, including an artificial-intelligence service provider named in our Privacy Policy. Results can be incomplete or wrong. Please check what the App has read before you save it. Label photos are handled as our Privacy Policy describes.
Your monthly Wrapped, your Pulse trends, and nutrient totals are calculated automatically from what you log. They are only as complete as what you record.
8. Important Disclaimers
Educational Content Disclaimer: All information, text, graphics, and other materials provided through the Services, including information about dietary supplements, is for educational and informational purposes only. It is not intended as, and shall not be understood or construed as, professional medical, health, or dietary advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or before starting, stopping, or modifying any supplement regimen.
Tracking, Insights, and Reminders: The App helps you keep track of what you take. Summaries, insights, trends, journal prompts, and nutrient totals describe what you logged. They do not tell you whether a supplement is working, safe, or right for you. Reminders are a convenience: notifications can be delayed or not delivered (for example, if notifications are turned off or your device is offline), and you remain responsible for taking your supplements as directed.
FDA "Safe Harbor" Disclaimer: These statements have not been evaluated by the Food and Drug Administration. Our Products are not intended to diagnose, treat, cure, or prevent any disease.
"AS IS" Service Disclaimer: EXCEPT AS OTHERWISE PROVIDED IN WRITING BY US, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GRLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRLY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRLY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO GRLY, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of GRLY.
10. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GRLY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Agreement to Arbitrate: Except for small claims disputes in which you or GRLY seek to bring an individual action in small claims court, you and GRLY waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes will be resolved through confidential, binding arbitration.
Arbitration Administrator and Rules: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.
Venue: The seat of arbitration shall be New Castle County, Delaware. The arbitration will be conducted by a single arbitrator and will be conducted in English.
Cost-Shift: Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be as set forth in the AAA Consumer Rules. However, your filing fee will not exceed $200.00 USD, and we will pay for all remaining AAA fees and expenses as required by the rules.
Small-Claims Carve-Out: Either party may bring a qualifying individual action in a small claims court in the U.S. county of your residence or in Kent County, Delaware.
Opt-Out of Arbitration: You have the right to opt out of binding arbitration within 30 days of the date you first accept these Terms by emailing us at connect@grlyapp.co. Your email must include your full name and a clear statement of your intent to opt out of arbitration.
Class Action Waiver: YOU AND GRLY AGREE THAT ANY DISPUTE IS PERSONAL TO YOU AND GRLY AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
11. Governing Law and Venue
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of law principles. To the extent the arbitration provisions in Section 10 do not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.
12. International Users & Consumer Rights
The Services are controlled and operated from the United States. If you are a consumer based in the United Kingdom, European Union, or another jurisdiction with strong consumer protection laws, please be aware of the following:
Statutory Rights: Nothing in these Terms shall be construed as excluding or limiting any of your mandatory statutory rights as a consumer which cannot be excluded or limited under applicable law. The disclaimers and limitations of liability will not apply to the extent prohibited by law.
App Store Purchases: Any statutory right to cancel or withdraw from a purchase made through the App Store is exercised through Apple, under Apple's terms.
No EU/UK Goods: We do not currently sell or ship physical Products to customers in the EU, EEA, or UK.
13. Acceptable Use
You agree not to violate any law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You agree you will not:
- Reverse-engineer, decompile, or disassemble any aspect of the Services.
- Upload any content that is unlawful, libelous, defamatory, obscene, or otherwise objectionable.
- Harvest or collect information about other users without their consent.
- Interfere with or disrupt the Services, or attempt to get around any limit on scans or other features.
- Use pairing, invites or nudges to harass, pressure or monitor anyone, or pair with someone who hasn't agreed to it.
14. Accuracy of Information and Your Data
Accuracy: Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Your Data: We take reasonable steps to keep Your Content safe and available, including keeping a copy on our servers so it can return to a new device. We cannot guarantee that it will never be lost, so please keep your own copy of anything important to you. Drafts you have not saved in the journal are kept only on your device until the end of the day.
15. Apple App Store
If you downloaded the App from Apple's App Store, these additional terms apply:
- These Terms are between you and GRLY only, not with Apple Inc. ("Apple"). GRLY, not Apple, is solely responsible for the App and its content.
- Your license to use the App is limited to use on Apple-branded devices that you own or control, as permitted by the App Store's Usage Rules.
- Apple has no obligation to provide any maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
- If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, GRLY, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
16. General Provisions
Changes to these Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with reasonable notice, such as by sending an email, providing a notice through the App, or updating the "Last Updated" date above. Your continued use of the Services after the effective date will constitute your acceptance of the amended Terms.
Termination: You may stop using the Services and delete your account at any time. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Services or to suspend your account for any actual or suspected violation of these Terms.
Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and GRLY relating to your use of the Services.
17. Accessibility Statement
We are committed to making our Services accessible and aim to conform to WCAG 2.1 AA standards. If you encounter any accessibility barriers, please contact us at connect@grlyapp.co.
18. Contact Information
For general support or accessibility issues: connect@grlyapp.co
For legal notices, privacy matters, or arbitration opt-out: connect@grlyapp.co
Mail: Ourskin, Inc., 1111B South Governors Ave, Dover, DE 19904, USA