Terms of Use
Introduction
Welcome to MAXXING.app, a mobile application developed by Glow Up, LLC, designed to help you achieve a better version of yourself. Our services leverage advanced artificial intelligence to analyze user-uploaded selfies, provide attractiveness ratings, identify strengths and weaknesses, and offer personalized improvement advice. This document serves as our Terms of Service (ToS), which governs your use of our app and services.Acceptance of the Terms
By accessing or using MAXXING.app, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use the app. Your continued use of the app will constitute your acceptance of any changes or revisions to these terms.Brief Description of the App and Its Purpose
MAXXING.app uses artificial intelligence to analyze personal photographs uploaded by users. Our AI assesses various aspects of your appearance to provide a rating of attractiveness along with insights into perceived strengths and weaknesses. Based on this analysis, the app offers tailored advice intended to help users enhance their appearance and self-presentation. The purpose of MAXXING.app is to empower individuals to improve their self-image and confidence through informed and personalized suggestions.Definitions
- "App" refers to MAXXING.app, the mobile application provided by Glow Up, LLC.
- "User" or "you" refers to any individual who uses the app, including viewers and registered members.
- "Content" includes all forms of data, text, graphics, images, music, software, audio, video, information, or other materials displayed on, transmitted through, or used in connection with the app, including user-uploaded selfies.
- "AI" refers to the artificial intelligence technology used by the app to analyze user-uploaded photographs and provide ratings and suggestions.User Eligibility
To use MAXXING.app, you must be at least 18 years old or of legal age to form a binding contract under applicable laws. If you are under this age, you must not use or register for the app. By using MAXXING.app, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a contract in the jurisdiction where you reside.Privacy and Data Usage
Data Collection and Use: MAXXING.app allows users to analyze their selfies using our AI technology without the need to create an account. When you upload a selfie for analysis, we process this image to provide ratings and improvement suggestions. We collect minimal personal data, primarily focused on the photographs you choose to upload and any other data explicitly provided by you for enhancing your user experience.
Data Protection: We are committed to protecting your privacy. Effective security measures are in place to safeguard your data from unauthorized access, alteration, disclosure, or destruction. We use industry-standard security protocols and work continuously to enhance our security practices.
Data Sharing Policies: MAXXING.app does not sell, trade, or rent your personally identifiable information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the app or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes, provided that you have given us your permission.Intellectual Property Rights
Ownership of App Content: All rights, title, and interest in and to the MAXXING.app, including, but not limited to, software, code, designs, graphics, photographs, animations, videos, music, text, interactive features, and all other content, are owned by Glow Up, LLC or licensed to us. This content is protected by copyright and other intellectual property laws and treaties around the world.
License Granted by Users: By uploading your selfies to MAXXING.app, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works from, and distribute these images for the purpose of operating, developing, providing, and improving the app and researching and developing new ones. This license continues even if you stop using our app. Your selfies are processed automatically without being viewed by human operators.Content Interaction Without Accounts
Usage Without an Account: Since MAXXING.app does not require user registration or accounts, all interactions with the app concerning personal data, such as uploading photos for analysis, are conducted on a no-account basis. You are responsible for any data you input into the app, and we advise you to consider the sensitivity of any data you choose to process using the app.Conditions of Use
Proper Uses of the App: MAXXING.app is designed to analyze user-uploaded selfies to provide attractiveness ratings, identify strengths and weaknesses, and suggest improvements. You are encouraged to use the app responsibly and ethically with respect for the technology and other users.
Prohibited Uses of the App: You may not use MAXXING.app for any purpose that is illegal, unlawful, or prohibited by these Terms of Service. Prohibited activities include, but are not limited to:
- Engaging in any activity that would constitute a criminal offense or give rise to civil liability.
- Using the app for any commercial solicitation purposes.
- Uploading content that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual rights of any party.
- Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the app.
- Uploading invalid data, viruses, worms, or other software agents through the app.
- Collecting or harvesting any personally identifiable information, including account names, from the app.User Conduct Guidelines
As a user of MAXXING.app, you are expected to respect the privacy and rights of others. You should not engage in any activity that could harm the app or its users. Respectful interaction and ethical use of the app are required at all times. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.Service Provision
Description of Services Provided by the App: MAXXING.app uses artificial intelligence to provide users with an analysis of their uploaded photographs. The AI assesses various facial features to rate attractiveness and provide personalized suggestions aimed at helping users improve their appearance according to commonly accepted beauty standards.
Limitations and Disclaimers Regarding AI Analysis and Advice: The advice and ratings provided by MAXXING.app are based on general algorithms that may not account for all individual preferences and cultural differences. The following limitations apply:
- The AI’s analysis is based on general patterns and may not accurately reflect personal beauty standards or provide universally applicable advice.
- The ratings and suggestions should be viewed as guidance rather than definitive judgments.
- We do not guarantee the accuracy, completeness, or usefulness of any information on the app and neither endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made through the app.
- The app is provided on an "as is" and "as available" basis. Glow Up, LLC disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.Fees and Payment
Subscription Options: Subscription fees help us maintain and improve our services. The specific fees for these subscriptions are subject to change and may vary based on different factors, such as promotional offers and the introduction of new services.
Payment Terms: Fees for subscriptions are billed in advance on a recurring basis and are non-refundable, including for partial months of service, upgrade/downgrade refunds, or unused services with an open account. All payments are processed securely and must be made using the payment methods we accept.Modification and Termination
User Modifications: Users can delete their photos uploaded to MAXXING.app at any time through the app's interface. If you wish to delete your account, you must submit a request to do so by emailing [email protected]. Please note that upon account deletion, any data associated with your account, including saved photos and analysis results, will be irreversibly deleted.
Company’s Rights to Modify or Terminate Service: Glow Up, LLC reserves the right to modify, suspend, or discontinue the services offered through MAXXING.app at any time without notice. This includes the ability to remove or edit content, cancel subscriptions, or revise the features and functionalities of the app. If we terminate or suspend your subscription for any breach of these Terms, you will not be entitled to any refund of unused subscription fees.
Termination Due to Non-Payment: We reserve the right to suspend or terminate your access to the subscription services if payments are not made on the due date. You will receive a notification to provide valid payment information and may be required to pay a reactivation fee should your service be suspended and you wish to reactivate it.Disclaimers and Limitations of Liability
Accuracy of AI-generated Content: MAXXING.app uses artificial intelligence to analyze photographs and provide attractiveness ratings and suggestions. While we strive for accuracy, the results produced by the AI are based on general algorithms that may not account for all individual differences and preferences. Therefore, the results should be interpreted with discretion and are not definitive assessments of personal appearance. Glow Up, LLC does not guarantee the accuracy, reliability, or applicability of any information provided by the AI and shall not be held liable for any errors or omissions in the content provided, or any decisions made based on such information.
Limitations on the Company's Liability: To the maximum extent permitted by law, Glow Up, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the services;
- Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
- Any content obtained from the services; or
- Unauthorized access, use, or alteration of your transmissions or content.Indemnification
You agree to defend, indemnify, and hold harmless Glow Up, LLC and its licensees and licensors, 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), resulting from or arising out of:
- Your use of and access to the app, including any data or content transmitted or received by you;
- Your violation of any term of these Terms of Service, including without limitation, your breach of any of the representations and warranties above;
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- Your violation of any applicable law, rule, or regulation;
- Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
- Any other party’s access and use of the service with your unique username, password, or other appropriate security code.Dispute Resolution
Governing Law: These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.
Methods for Resolving Disputes: In the event of a dispute arising from or relating to the subject matter of these Terms of Service, the parties shall endeavor first to resolve the dispute through amicable negotiation. If the dispute is not resolved within a reasonable period, then either party may request mediation or arbitration in Nevada. Each party shall bear its own costs in meditation and shall share equally the costs of arbitration.
The parties agree that the results of arbitration will be binding and that no party shall have the right to litigate that dispute in court or have a jury trial. Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.Changes to Terms of Service
Communication of Changes: Glow Up, LLC reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we make changes that we consider material, we will notify you through the app or by sending you an email to the address you provided (if any), prior to the change becoming effective. We will also post a clear and conspicuous notice within the app or on our service homepage.
User’s Responsibility to Review Changes: It is your responsibility to periodically review these Terms of Service to stay informed of updates. The date of the last revision will always be noted at the top of this page. Your continued use of the app after any revisions become effective will mean that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorized to use the app.Miscellaneous
Severability: If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
No Waiver: No waiver by Glow Up, LLC of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Glow Up, LLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Service constitute the entire agreement between you and Glow Up, LLC regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.Contact Information
Inquiries or Issues
If you have any questions about these Terms of Service, please contact us:
- Email: [email protected]
- Address: Glow Up, LLC, 901 Longue Dr, Houston, PA 15342, USAWe are committed to addressing your concerns and aim to resolve any issues swiftly and amicably.
Privacy Policy
Privacy Policy
Last Updated: 27.05.2024Introduction
Welcome to MAXXING.app, operated by Glow Up, LLC. This Privacy Policy explains how we collect, use, protect, and share your information when you interact with our app. We are committed to ensuring the privacy and security of our users' information.How MAXXING.app Uses Your Data
We collect data from your interactions with the app, primarily through the photos you upload and the personal information you may provide. This data is used to analyze your facial features using our AI technology to provide personalized attractiveness ratings and improvement suggestions.Data Collection Methodology
- Photographs: We collect photographs that you upload to provide you with our core services.
- Personal Information: We may collect basic personal information such as age, gender, and location to enhance the personalization of our recommendations.
- Usage Data: We collect data on how you interact with our app, such as features used and session lengths, to improve our service.Collection of Face DataWhat We Collect: We collect photographs of your face in several projections. These images are essential for providing our services, which include analyzing facial features to offer personalized attractiveness enhancements.Use of Collected Face DataPurpose: The face photographs you provide are analyzed using advanced AI technology. This analysis aims to identify possible improvements in attractiveness based on facial features. This is the exclusive use of your face data; it is not used for any other purposes.Storage and Security of Face DataStorage Location: All face data is securely stored in Firebase, a platform powered by Google Cloud, known for its robust security measures. This ensures that your data is protected against unauthorized access and breaches.
Security Measures: We implement rigorous security measures to safeguard your personal information, following industry best practices and compliance standards.Disclosure and Sharing of Face DataThird Parties: We do not sell or trade your face data with external parties. Access to this data is strictly limited to trusted third parties who assist us in operating our app and maintaining its functionality, under strict confidentiality agreements.
Legal Compliance: We may disclose your face data if required by law or in the good faith belief that such action is necessary to comply with legal processes, enforce our policies, or protect the rights, property, or safety of our users.Retention of Face Data
Retention Period: Face data is retained for 90 days after your last interaction with the app. This period allows us to offer seamless service should you choose to return to the app within this timeframe. After 90 days, all face data is permanently deleted from our servers.Use of Analytics Tools
We use various analytics tools, including Amplitude and AppsFlyer, to understand and enhance user interaction with our app. These tools help us measure app performance and user engagement, which informs our feature development and improvement strategies. We may use additional analytics tools to further these efforts:
- Amplitude: Used for tracking user interactions within the app, helping us understand user behavior patterns.
- Appsflyer: Employed for marketing analytics and performance metrics to optimize our marketing strategies.Your Rights and Choices
You have certain rights regarding the personal information we hold about you. You can:
- Access and update your personal information via the app settings.
- Opt-out of receiving certain types of communications from us.
- Request deletion of your personal information from our records, subject to certain conditions.Policy Updates
This privacy policy may be updated periodically to reflect changes to our information practices. We will notify you of any significant changes by posting the new policy on our app with the updated revision date.Contact Information
If you have any questions about this Privacy Policy or our treatment of your personal information, please write to us by email at [email protected] or by postal mail at Glow Up, LLC, 901 Longue Dr, Houston, PA 15342, USA.Compliance with Laws
We conduct our data processing practices in compliance with applicable data protection laws, including GDPR and CCPA, ensuring that we manage your personal data responsibly and transparently.
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