Terms of Use

Last updated August 29, 2026

Last updated: August 29, 2026

Agreement to our legal terms

We are ToneMate ("Company," "we," "us," "our"), a business established in Turkey.

We operate the mobile application ToneMate (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

ToneMate analyzes your skin tone from a selfie using artificial intelligence, determines your seasonal color palette, and recommends clothing colors that suit you. You can also build a digital wardrobe from photos of your own clothes and have the app generate outfit suggestions from those items, using local weather conditions as context. ToneMate is a cosmetic and fashion tool only and does not provide dermatological, medical, or health advice.

You can contact us by email at support@tonemate.co.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ToneMate, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We update the date at the top of these legal terms whenever they change. When a change is material, the App shows you the updated terms the next time you open it and asks you to accept them before you continue, and we record that acceptance. Continuing to use the App after that point means you accept the updated terms.

The Services are intended for users who are at least 16 years old, and the App asks for your age range before you can use it. If you are under 16, you may not use the Services. If you are 16 or 17, or are otherwise a minor where you live, you must have your parent's or guardian's permission to use the Services, and they should read these Legal Terms with you before you do.

Our services
Intellectual property rights
User representations
User registration
Purchases and payment
Subscriptions
Refunds
Prohibited activities
Your content
Content license
Mobile application license
Third-party websites and content
Services management
Privacy policy
Copyright infringements
Term and termination
Modifications and interruptions
Governing law
Dispute resolution
Corrections
Disclaimer
Limitations of liability
Indemnification
User data
Electronic communications, transactions, and signatures
Miscellaneous
Medical disclaimer
AI-generated results
Account tiers and usage limits
Your consumer rights and store purchases
Contact us

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@tonemate.co. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "Prohibited activities" section carefully before using our Services, to understand (a) the rights you give us and (b) the obligations you have when you upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, or other feedback about the Services ("Submissions"), you agree that we may use that feedback without restriction and without compensation to you. This does not apply to the photos and other content you add inside the App, which are covered immediately below.

Your content: The App lets you take or upload a photo of your face for color analysis, and photos of your own clothes to build a wardrobe, together with the information generated from them ("Your Content"). You keep ownership of Your Content. The App has no public feed, profile, forum, or comment section: Your Content is private to your account and is not shown to other users.

The license you give us is limited to running the Services: You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt (for example to remove a background or resize an image), and display Your Content back to you, and to share it with the service providers named in our Privacy Policy strictly so that they can perform the analysis, tagging, background removal, and outfit generation you asked for. We do not publish, broadcast, sell, license, or advertise with Your Content, and we do not use it to train AI models. Your face photo is deleted as soon as the analysis finishes, whether it succeeded or failed. This license exists only to operate the Services for you, and it ends when you delete the content or your account, except for any copy that remains in a routine backup for a limited period.

You are responsible for what you upload: By adding Your Content you confirm that you own it or have the rights to it, that you have the consent of any identifiable person appearing in it, and that it does not break any law or infringe anyone's rights. You also confirm that you will not upload anything illegal, harassing, hateful, defamatory, obscene, or otherwise objectionable, and that Your Content is not confidential information belonging to someone else.

We may remove content: Although we have no obligation to monitor Your Content, we may remove it and suspend or terminate your account if we reasonably consider it to be in breach of these Legal Terms or of the law.

Copyright infringement

3. User representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 16 years old; (5) if you are under the age of majority in the jurisdiction in which you reside, you have your parent's or guardian's permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and payment

We accept the following forms of payment:

Apple App Store in-app purchase
Google Play in-app purchase

All purchases of a ToneMate subscription are made through the Apple App Store or Google Play, not directly from us. Your payment method is held by that store, the store charges you, and we never receive your card or payment details. Prices are set in US dollars and are charged in the equivalent local currency shown by the store in your country, including any taxes the store is required to collect. You agree to pay the price shown at the time of purchase.

We may change prices at any time, and we will tell you about a change to a recurring subscription price in the way applicable law requires before it takes effect. We reserve the right to correct any error in a price shown in the App, and to limit or refuse a purchase where we reasonably suspect fraud or a breach of these Legal Terms.

6. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

Your subscription is billed by the Apple App Store or Google Play, so it is cancelled there rather than in the app. Open the Subscription screen in ToneMate and tap Manage subscription, which takes you to your store's subscription settings, or open those settings directly (on iOS: Settings, your name, Subscriptions; on Android: Google Play, Payments and subscriptions, Subscriptions). Cancelling stops the next renewal, and your premium access continues until the end of the period you have already paid for. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@tonemate.co.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Refunds

Because your subscription is bought and billed through the Apple App Store or Google Play, refunds are handled by that store under its own terms, and we can neither issue nor refuse one on its behalf. If you believe you are entitled to a refund, request it from the store you bought the subscription from. Any statutory right of withdrawal or refund you have as a consumer under the law of your country continues to apply, and nothing in this section limits it. If something has gone wrong, please also email us at support@tonemate.co so that we can help.

8. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Upload a photograph of another person without that person's consent.
Create additional accounts, reinstall the app, or otherwise act to bypass the usage limits that apply to your tier.
Use the App or its output for medical, dermatological, or diagnostic purposes.

9. Your content

The App lets you add photos of your face and of your own clothes, and stores the color profile, wardrobe entries, and outfit suggestions generated from them ("Your Content"). Your Content is private to your account. It is not published, is not visible to other users of the Services, and is not shared with third-party websites.

When you add Your Content, you represent and warrant that:

You are the owner of Your Content, or you have the licenses, rights, consents, and permissions needed to use it and to let us process it as described in these Legal Terms and in our Privacy Policy.
You have the consent of every identifiable person appearing in Your Content to have their image processed by the Services.
Your Content does not infringe the copyright, trademark, trade secret, moral, privacy, or publicity rights of any third party.
Your Content is not obscene, violent, harassing, defamatory, or otherwise unlawful, and does not violate any law protecting the health or well-being of minors.
Your Content does not otherwise violate these Legal Terms or any applicable law or regulation.

Using the Services in breach of the above violates these Legal Terms and may result in the removal of the content and the suspension or termination of your account.

10. Content license

The license you grant us over Your Content is set out in the "Intellectual property rights" section above: it is limited to hosting, storing, processing, and displaying Your Content back to you, and to sharing it with the service providers named in our Privacy Policy so that they can carry out the analysis you requested. We do not assert any ownership over Your Content. We do not sell it, publish it, use it for advertising, or use it to train AI models, and the license ends when you delete the content or your account.

You are solely responsible for Your Content, and we are not liable for it beyond what applicable law requires of us.

11. Mobile application license

Use license

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

12. Third-party websites and content

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Privacy policy

We care about data privacy and security. Please review our Privacy Policy: https://tonemate.co/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany and United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany and United States, then through your continued use of the Services, you are transferring your data to Germany and United States, and you expressly consent to have your data transferred to and processed in Germany and United States. Further, the Services are not intended for children. You must be at least 16 years old to use the App, and we do not knowingly accept, request, or solicit information from anyone below that age or knowingly market to children. If we receive actual knowledge that someone under 16 has provided personal information to us, we will delete that information from the Services as quickly as is reasonably practical.

15. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing law

These Legal Terms shall be governed by and defined following the laws of Turkey. ToneMate and yourself irrevocably consent that the courts of Turkey shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

19. Dispute resolution

You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Turkey courts. ToneMate shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Your Content; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. Medical disclaimer

ToneMate is provided for cosmetic and fashion purposes only. It does not provide dermatological, medical, or health advice, and it is not a medical device. The results you see come from an automated color analysis of a photograph and may vary from person to person and from photo to photo. Do not use the App or its output to diagnose, assess, monitor, or treat any skin condition or other health concern. If you have any skin-related health concern, consult a qualified healthcare professional. Nothing shown in the App replaces professional medical advice, diagnosis, or treatment, and you should never delay seeking or disregard such advice because of something the App has shown you.

28. AI-generated results

Your skin tone analysis, your color palette, and your outfit suggestions are generated by an artificial intelligence system that classifies the photograph you provide. You are interacting with an automated system, not with a human stylist. The output is a suggestion based on color theory and on the information available to the system; it is not a professional styling service, and we do not guarantee that it is accurate, complete, or suitable for you. Lighting, camera quality, filters, and makeup all affect the result, and repeating the analysis may produce a different outcome. You decide what to wear and what to buy, and you remain responsible for those decisions.

29. Account tiers and usage limits

ToneMate offers three levels of access: a guest mode you can use without creating an account, a free account, and a paid premium subscription. Each level has its own limits, such as how many wardrobe items you may store, how much of your color palette is shown to you, and how many outfits you may generate. The limits that apply to you are shown in the App, and we may change them; where a change materially reduces what a paid subscription provides, it will not apply to the subscription period you have already paid for. Guest usage is counted per device and is not reset by deleting items, by reinstalling the App, or by creating a new account, and a device that has already been used to sign in to an account cannot return to guest mode.

30. Your consumer rights and store purchases

If you use the App as a consumer, nothing in these legal terms takes away the rights that the law of your country of residence gives you and does not allow to be set aside by agreement. Our choice of Turkish law and Turkish courts applies only so far as it does not deprive you of those protections, and it does not prevent you from bringing proceedings where the mandatory consumer rules of your country allow you to. Nothing in these legal terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded or limited under applicable law. Purchases are made through the Apple App Store or Google Play and not directly from us, and we never receive your card or payment details. Any refund, chargeback, or billing dispute for a subscription is handled by the store you bought it from, under that store's own terms, and any statutory right of withdrawal or refund you have under the consumer law of your country continues to apply.

31. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

ToneMate

Turkey

support@tonemate.co