Account Terms

1. To access and use the Services, you must register for a MyAcne.app account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Oceren Inc. may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account or your Account must be opened and managed by your parent or legal guardian.
3. You confirm that you are receiving any Services provided by Oceren Inc. for the purposes of personal skin care services.
4. You acknowledge that Oceren Inc. will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Oceren Inc. and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Oceren Inc. can only be authenticated if they come from your primary Account email address.
5. You are responsible for keeping your password secure. Oceren Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
7. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Oceren Inc. may result in an immediate termination of your Services. If we need to reach you, we will send you an email.
   
   

Account Activation

1. The person signing up for the Service by opening an Account will be the contracting party (“Client”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Client in connection with the Service.

General Conditions

1. Technical support in respect of the Services is only provided to Oceren Inc. Users.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the California, US applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that Oceren Inc. may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Oceren Inc.’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Oceren Inc.’s website (myacne.app) constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
4. You may not use the Oceren Inc. Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of US and California. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or content, use of the services or content, or access to the services or content without the express written permission by Oceren Inc..
6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Oceren Inc. or Oceren Inc. or myacne.app trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to support.
8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
9. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”).
10. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Oceren Inc. shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Oceren Inc.’s prior written consent, to be given or withheld in Oceren Inc.’s sole discretion.
11. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
12. Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.

Oceren Inc. Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Oceren Inc. customer, Oceren Inc. employee, member, or officer will result in immediate Account termination.

Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Oceren Inc.’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, Oceren Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. To the extent permitted by applicable laws, in no event shall Oceren Inc. or our suppliers be liable for any financial loses or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Oceren Inc. partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
3. Your use of myacne.app is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. Oceren Inc. does not warrant that the Services will be uninterrupted.
5. Oceren Inc. does not warrant that the results that may be obtained from the use of the Services or Products will be successful as every case is unique and relies on client home care.
6. Oceren Inc. is not responsible for any of your tax obligations or liabilities related to the use of Oceren Inc.’s Services.
7. Oceren Inc. does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Waiver, Severability, and Complete Agreement

The failure of Oceren Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Oceren Inc. and govern your use of the Services and your Account, superseding any prior agreements between you and Oceren Inc. (including, but not limited to, any prior versions of the Terms of Service).

Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the photos you provide to the Oceren Inc. – MyAcne.app.
2. You retain ownership over all photos that you upload; however, your separate agreement to allow us to publicly post your skin care results give us permanent rights to post on our website and social media platforms.

Payment of Fees

1. You will pay the Fees applicable to your subscription to Online Service and any other applicable fees.
2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Oceren Inc. will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Oceren Inc. will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Oceren Inc.’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Client via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Oceren Inc. reserves the right to terminate your Account.
5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Oceren Inc.’s products and services. To the extent that Oceren Inc. charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Oceren Inc. of your exemption. If you are not charged Taxes by Oceren Inc., you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
7. For the avoidance of doubt, all sums payable by you to Oceren Inc. under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Oceren Inc. to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Oceren Inc. shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
8. Oceren Inc. does not provide refunds.

Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time by contacting us and then following the specific instructions indicated to you in Oceren Inc.’s response or website account.
2. Upon termination of the Services by either party for any reason:
3. Oceren Inc. will cease providing you with the Services and you will no longer be able to access your Account;
4. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
5. any outstanding balance owed to Oceren Inc. for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
6. We reserve the right to modify or terminate the Oceren Inc. Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
7. Fraud: Without limiting any other remedies, Oceren Inc. may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services

Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days’ notice from Oceren Inc.. Such notice may be provided at any time by posting the changes to the Oceren Inc. Site (myacne.app) or the administration menu of your account via an announcement.
2. Oceren Inc. reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
3. Oceren Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Privacy & Data Protection

Oceren Inc. is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Oceren Inc.’s collection, usage and disclosure of this personal information is governed by our privacy policy.