LEGAL

Terms and Conditions

1. Introduction

1.1. DISINDEX S.R.L., registry code 11611310969, registered office at Via Renzo e Lucia 9, 20142 Milano, Italy (RI/REA: MI-2614128), hereinafter referred to as “we,” “our,” or “us,” operates the Divamea AI-Powered Skincare Intelligence Platform (“Platform”), built with the ECLIXI AI framework. The Platform allows businesses to deploy AI-powered skincare analysis, conversational intelligence, and personalized recommendation systems using computer vision and machine learning algorithms. The Platform is provided solely to businesses and is not intended for consumers. Your use of the Platform is subject to these Terms and Conditions (“Terms”).

1.2. The Platform produces reports and analyses (“Skin Metrics”) that include skin parameters extracted from digital images using computer vision methods. Skin Metrics describe skin’s visual features such as hydration, redness, pigmentation, wrinkle depth, pore visibility, and other cosmetic skin indicators. Please be aware that Skin Metrics are provided for the purposes of demonstrating the capabilities of our computer vision and machine learning algorithms and to support cosmetic skincare routine recommendations.

1.3. Skin Metrics and AI outputs are strictly non-medical and are not intended to be a substitute for professional medical advice, clinical diagnosis, or dermatological treatment. Consult with a licensed physician or qualified health care provider for inquiries about medical conditions or treatments.

2. EU AI Act (Regulation (EU) 2024/1689) & Artificial Intelligence Provisions

2.1. The Platform incorporates Artificial Intelligence systems, including Large Language Models (LLMs), multimodal vision processing, and generative simulation algorithms. In accordance with Regulation (EU) 2024/1689 (“EU AI Act”), both we and you (as the deployer/tenant) agree to strictly abide by applicable European artificial intelligence standards.

2.2. Transparency & Notification (Art. 50(1) EU AI Act): When deploying widgets, chat interfaces, or customer-facing assistants powered by the Platform, you warrant and undertake to inform end-users in a clear and distinguished manner that they are interacting with an AI system. You shall not suppress, conceal, or disable the AI identity indicators provided by the Platform.

2.3. Marking of Synthetic Media & Simulations (Art. 50(2) & 50(4) EU AI Act): All computer vision outputs, simulated Before/After skincare routine visualizations, and condition projections generated by the Platform constitute synthetic media. You agree that such outputs must remain accompanied by visible disclosures (such as the ✨ AI SIMULATION watermark/badge). You shall not present synthetic simulations as verified clinical before-and-after photographs or real-world guarantees.

2.4. Prohibition of Medical & Clinical Use (MDR (EU) 2017/745): The Platform is not certified or intended as a Medical Device or Software as a Medical Device (SaMD). You agree not to market, brand, or deploy the Platform for medical diagnosis, clinical pathology detection, dermatological treatment, prescription guidance, or any healthcare-regulated purpose.

2.5. Prohibited AI Practices (Art. 5 EU AI Act): You are strictly prohibited from using or configuring the Platform for real-time or remote biometric identification, facial recognition databases, emotion recognition in employment or education, social scoring, or any practice prohibited under Article 5 of the EU AI Act.

2.6. Human Oversight (Art. 14 / Art. 86 EU AI Act): You agree to maintain appropriate human oversight channels, ensuring that your end-customers can contact human support personnel, contest automated skincare product recommendations, or receive explanations regarding algorithmic outputs.

3. Conditions of Use

3.1. Subject to all limitations and restrictions contained herein, we grant you a non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms and any applicable service agreement.

3.2. You understand and agree that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.

3.3. You hereby represent and warrant that all images and data processed through the Platform have been obtained lawfully, your use of the Platform is compliant with applicable data protection laws (including GDPR), and you have all the necessary rights and consents to process personal data related to the images and information submitted.

3.4. You may not sell, modify, re-use, re-sell, distribute, reproduce, or make any other unauthorized use of the Platform, its outputs, or Skin Metrics, except as expressly permitted under your service agreement.

3.5. You may not use demo or trial accounts for any commercial purposes.

3.6. You may not reverse engineer, decompile, or disassemble the Platform or modify or falsely imply that you are associated with the Platform. You may not use any robot, scraper, or other automated means to access the Platform or extract data without our express written permission.

3.7. No ownership or exclusive intellectual property rights to the Platform are granted to you through your use of the Platform.

3.8. You use the Platform entirely at your own risk, for which we shall not be liable except as expressly stated in these Terms.

3.9. You own all right, title, and interest in and to the data and images you upload to our Platform, subject to our rights as set forth below. You grant us the right to use, reproduce, modify, and distribute uploaded data and images as necessary to transmit, store, encrypt, calculate, anonymise, and analyse the data, and to create and distribute the Skin Metrics reports. We shall own all anonymized data, including any calculations, features, models, or other derivatives created from the data and images uploaded by you to our Platform.

3.10. We reserve the right to suspend or terminate your account and your use of the Platform if you violate these Terms or any applicable service agreement.

4. Account

4.1. You are responsible for all activity that occurs under your account. You are responsible for maintaining the security of your account credentials. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this obligation. You shall promptly notify us if you become aware of any unauthorized use of, or access to, your account.

4.2. Changes to the account can be requested only by using the email address provided during the sign-up process or through the designated account management channels.

5. Intellectual Property Rights

5.1. All intellectual property rights in the components of the Platform, including the ECLIXI AI framework, any upgrades, additions, corrections, and improvements thereto, and in any proprietary software made available by us, will at all times remain our property and/or the property of the licensor who has granted us the respective licence. The intellectual property rights in all software developments (APIs, applications, algorithms, machine learning models, methods, etc.) created by us will remain with us.

6. Personal Data & Data Processing Agreement (GDPR Art. 28)

6.1. Roles of the Parties: When you deploy the Platform, AI widgets, or Telegram bots to interact with your end-users or clients, you act as the Data Controller (“Titolare del Trattamento”) and DISINDEX S.R.L. acts as the Data Processor (“Responsabile del Trattamento”) pursuant to Articles 4(7), 4(8), and 28 of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

6.2. Processing Instructions: We process end-user personal data (chat messages, transient photos, lead details) strictly on your documented instructions and solely for delivering, maintaining, and securing the Platform. We never process customer data for our own commercial purposes or for training public foundational AI models.

6.3. Security Measures (Art. 32 GDPR): We implement state-of-the-art technical and organizational measures, including multi-tenant Row-Level Security (RLS) database isolation, end-to-end transport encryption (TLS 1.3), encryption at rest, automated 30-minute photo deletion TTL, and immutable audit logging. All authorized personnel are subject to strict contractual confidentiality.

6.4. Authorized Sub-Processors: You provide general written authorization for our engagement of infrastructure and specialized sub-processors (Google Cloud Platform, Supabase, Stripe, and enterprise AI providers with zero data retention / no-training agreements) as cataloged in our Privacy Policy. We impose equivalent data protection obligations on all sub-processors.

6.5. Assistance & Data Subject Rights: We provide built-in technical tools, including an atomic right-to-erasure function, enabling you to fulfill requests for erasure (GDPR Art. 17), access (Art. 15), and rectification. We assist you, insofar as reasonably possible, in complying with your controller obligations under Articles 32 to 36 GDPR.

6.6. Data Deletion upon Termination: Upon termination of your subscription or written request, all end-user personal data stored under your tenant account is permanently deleted from active production databases within 30 days, subject only to legal audit retention requirements.

7. Disclaimer of Warranties

7.1. We provide the Platform on an “as is” and “as available” basis, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Platform, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

7.2. We do not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform is accurate, reliable, or correct; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of the Platform.

8. Limitation of Liability

8.1. To the extent permitted by applicable law, we are not liable for loss or damage incurred by: (i) your use or inability to use the Platform or Skin Metrics; (ii) any modification, suspension, or discontinuance of the Platform; (iii) the software or systems that make the Platform available; (iv) unauthorized access to or alterations of your data and images; (v) errors or computer viruses transmitted through the Platform; (vi) improper use of the Platform for personal or medical use; or (vii) any other matter relating to the Platform.

8.2. Our liability is limited to direct patrimonial damages caused to you as a result of our intentional or gross negligent breach. Under no circumstances will we be liable for loss of your profit. To the extent permitted by applicable law, we are not liable for any claims of third parties relating to the Platform.

8.3. We will have no liability for any failure or delay due to matters beyond our reasonable control. Our maximum aggregate liability is limited to the amount of EUR 100 or the actual damages, whichever is lesser.

8.4. The limitations and exclusions of liability set out under these Terms shall not apply in cases and to the extent where such liability cannot be excluded or limited under applicable law.

9. Indemnification

9.1. You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, and expenses arising out of your use of the Platform, including, but not limited to, your violation of applicable data protection legislation or artificial intelligence regulations.

10. Changes to these Terms

10.1. We reserve the right, at our sole discretion, to amend these Terms at any time, in particular if amendments are necessary to comply with legal obligations, due to changes in the Platform, or any other ordinary business activities.

10.2. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.

11. Applicable Law and Dispute Resolution

11.1. These Terms and any documents relating thereto are governed by and shall be construed in accordance with the laws of the Italian Republic.

11.2. All disputes arising from or related to these Terms or the use of the Platform will be settled by way of negotiations. If an amicable settlement cannot be reached, the dispute shall be settled in the courts of Milano, Italy.