Last updated Monday, 28 October 2024
These “Terms and Conditions of Use” constitute a legally binding contract between the User (hereinafter the “User”) and OESKN GROUP LLC, EIN 93-2606376, 8637 NW 12th Street, Plantation 33322, Florida, United States (hereinafter “OESKN”) in its capacity as the owner of a mobile application available on iOS and Android system and certain websites (hereinafter the “Platform”). By virtue of this, we invite the User to carefully read these “Terms and Conditions of Use” as they contain obligations, rights, and remedies, which, by entering or browsing the Platform and/or accessing the audiovisual content offered, the User agrees to comply with and accept.
These Terms and Conditions apply to the extent of the service that the User is using, whether through the application or the website. The User agrees that the Terms and Conditions govern their use of the service provided by OESKN across both platforms with their different approaches, and that they are bound by these terms for the duration of their engagement with the service, regardless of the platform used by the User.
Users shall be subject to the respective User Terms and Conditions, together with all other policies and principles governed by OESKN, which are incorporated herein by reference.
ANY PERSON WHO DOES NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHOULD REFRAIN FROM USING THE Platform.
The User must read, understand, and agree to all conditions set forth in the User Terms and Conditions and Privacy Policy.
Any person who intends to access the OESKN Material, as defined below, available on the Platform must have the capacity to contract. The User may not use the Platform if the User lacks or has limited capacity to enter into these terms and conditions for any reason. The Service is specifically addressed to natural persons.
OESKN Material shall mean the audiovisual productions produced for the Internet by OESKN, as well as the skincare recommendations, which includes but is not limited to, skincare routines, cosmetic product recommendations, lifestyle recommendations, provided based on the objectives informed by the User's skin analysis results and specific skin needs. All “OESKN Material” is the property of OESKN, or its use has been permitted to OESKN by its owner.
User Acceptance. Prior to registering as a User, and/or accessing OESKN Material, and/or providing any data through the Platform for any purpose, it is the User's responsibility to read, understand, and accept all the conditions set forth in these Terms and Conditions and in the Privacy Policy, as well as in the other documents incorporated herein by reference. Any person who does not accept these terms and conditions and/or the Privacy Policy, which are of a mandatory and binding nature, should refrain from using it. These General Terms and Conditions, in their most current version, will be permanently available at the following address: https://oeskn.com/legal/terms-of-service.
1.1. In order to access the Platform contents, the User must enter to it´s Google and/or Apple account, and provide information regarding it´s age, gender, ethnic background, location, and a personal photograph of its face, and verify that the information made available to OESKN is exact, precise and true (hereinafter, the “Account”).
1.2. OESKN may use several means to validate the identity of Users.
1.3. The User shall be solely responsible for the security of its Account and for keeping its passwords protected. The User assumes full responsibility before OESKN and third parties for damages that may occur as a consequence of his/her/their own actions, those of his/her/their dependents or third parties authorized or not connected through the Account, and must indemnify and hold OESKN harmless for the improper use of the Account.
1.4. In order to become a User, Users must register and accept the Privacy Policy and these Terms and Conditions.
1.5. OESKN reserves the right to request any additional proof and/or data in order to corroborate the personal data, and to temporarily and/or definitively suspend the Service to the User whose data could not be confirmed. The personal data provided by the User will be integrated into a personal database for which OESKN is responsible. For more information, please refer to the Privacy Policy.
2.1. OESKN's service consists of making available to Users an Platform through which it will offer a personalized approach to skin care (hereinafter, the “Service”). The Service combines advanced technology with the expertise of dermatological professionals to provide the User with a detailed analysis of their skin and specific suggestions to enhance their skin's appearance. To this end, OESKN performs the following actions:
(i) Personalized Analysis: OESKN uses state-of-the-art tools to examine the User's skin in depth. OESKN shall capture information related to skin type, skin tone, skin age, and skin concerns such as but not limited to acne, dark spots, dryness, dullness, dark circles, visible pores, signs of aging, redness, texture, and eyebag.
(ii) Personalized Recommendations: Based on the information obtained, OESKN offers a recommendation of a skincare treatment plan , including recommended products, skincare routines, and lifestyle advices to improve the User skin 's wellbeing. If any potential medical conditions or abnormalities are identified during the use of the OESKN Service, the User will be referred to their primary care doctor for further evaluation and diagnosis. This referral is intended solely for the User's benefit and to ensure proper medical attention. The User acknowledges and agrees that such referrals do not constitute medical advice from OESKN and that OESKN is not responsible for any medical outcomes or treatments resulting from this referral. No claims or complaints related to medical conditions or treatment can be made against OESKN.
(iii) Ongoing evaluations: In addition, OESKN offers recurrent evaluations, according to the plan selected by the User as established in Clause 3, to assess the skin evolution and adjust the User's skincare plan recommendations.
2.2. Only if necessary, OESKN may verify the User's information with a dermatologist. OESKN works with dermatologists in their capacity of independent consultants who collaborate in verifying the User's own conditions when the system detects any possible skin condition that requires human review. Where appropriate, these specialists may establish a detailed evaluation of the analyses, documentation and information submitted by the User. The aforementioned dermatologist will make its conclusions based on the information provided by the User, therefore, in order to obtain a holistic recommendation, the User should consult his/her own doctor. The User is responsible for consulting the appropriate healthcare specialist. All User´s information shared with the independent dermatologist will be anonymized.
2.3. Once the User accesses to the Platform, it will be able to find a series of skin and lifestyle related questions that will allow OESKN to make recommendations related to its skin type and skin needs, as well as other lifestyle aspects, which includes but is not limited to, skincare routines, cosmetic product recommendations, lifestyle recommendations.
2.4. The User will have access to the OESKN Material on a personal basis, and is solely responsible for ensuring that such access is made in accordance with these terms and conditions. Failure to comply with this obligation on the part of the User entitles OESKN to terminate the legal and contractual relationship that arises under these Terms and Conditions.
2.5. During the contract term, the User will be able to access to the OESKN Material and the Service. The User will also have the possibility of requesting clarifications from the OESKN team, through the information channels that are available in the Platform.
The User acknowledges that: (i) OESKN has no obligation to deliver the OESKN Material, and consequently will not send copies of it to the User as part of the Service; (ii) The Service only provides the User with the rights to access and use the OESKN Material and does not entitle the User to download or otherwise obtain copies of it; (iii) All rights that are not explicitly granted to the User are understood to be reserved by OESKN.
2.6. The User agrees that the use of the Platform will be the User's own responsibility, and OESKN will not be responsible for the User's actions in relation to the use of the Platform, without this giving rise to any claim by the User against OESKN.
2.7. In turn, the User may make comments regarding the use of the Service with OESKN in real time and report any improvements or problems it may experience with the Platform (hereinafter, the “Comments”). In the event that the User provides Feedback, the User grants a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable and transferable license to use, reproduce, publicly display, distribute, modify and make use of such Feedback in such public manner as OESKN deems appropriate. Any Comments that the User chooses to provide to OESKN shall be on an entirely voluntary basis. User understands that it will not receive any compensation for it´s Comments and that they may be used to improve the Service or to develop new features and services.
2.8. The provision of the Service shall be at the sole discretion of OESKN, which may modify, delete or suspend, permanently or temporarily, features and functions of the Service at any time, without prior notice and without giving the User the right to any claim whatsoever. Likewise, since some of the Services are provided through the Internet, OESKN is released from any liability with respect to any Internet connection problem that the User may have and that, by virtue of this, prevents the User from using the Service.
3.1. Users may acces to a limited set of features without any costs. Nevertheless, if the User intends to use any additional functionalities, the User must select a plan and pay it´s corresponding amount. In case of any doubt regarding the plans and rates offered by OESKN, please visit the following link: https://oeskn.com/pricing (hereinafter, the “Plans”).
3.2. OESKN reserves the right to modify the rates applicable to the Plans at its own discretion, without this giving rise to any claim whatsoever by the User. OESKN undertakes to notify the User 30 (thirty) days in advance through the link mentioned in Clause 3.2. herein, of any price modification.
3.3. The rates and costs of the OESKN Plans have the following general characteristics (but are not limited to the following list):
(a) Rates are quoted and paid in the legal tender of the United States. OESKN shall not be liable for any exchange rates that the User may be required to pay as a result of payment for the Service.
(b) The fees are linked to the purchase of the Service. They will be billed immediately according to it´s selected plan, in accordance with the conditions set forth herein.
(c) The fees paid are non-refundable.
(d) User may change the selected Plans for lower or higher priced Plans. If User decides to downgrade it´s plan, User must continue to use the Service until the end of the current paid period. If the User upgrades it´s plan, the cost will be prorated based on the remaining time of the new selected Plan.
3.4. Billing Data. The User must provide OESKN with valid and updated information and data on the means of payment used in order to issue the corresponding invoices for the purchase of the Plans.
3.5. Method of Payment. The User understands and accepts that the fee applicable to the Plan selected by the User will be charged automatically and the User will pay a monthly or anual fee for the duration of the Service, according to it´s selected Plan.
3.6. Means of Payment. Without prejudice to what OESKN may provide at any time, the Plans must be paid through Stripe and/or the platforms that OESKN makes available for such purposes. All charges, fees, taxes, commissions, and other expenses that correspond to the operations with the indicated means of payment, and those that OESKN may provide in the future, shall be borne by the User.
3.7. Taxes. The User shall be responsible for the payment of all taxes related to the contracted Service pursuant to these Terms and Conditions. In the event that OESKN is legally obligated to pay or collect taxes for which the User is responsible, then the corresponding amount will be billed to and paid by the User, unless the User provides a valid tax exemption certificate issued by the competent tax authority and such certificate is accepted by the tax authority to the effect that OESKN is not required to make such payment or collect such taxes. In addition, in the event that the User is responsible for withholding any Taxes applicable to us in any particular jurisdiction, then the User shall pay OESKN an amount in addition to the amounts billed as fees for the Service, such that after deducting the amounts withheld for applicable taxes, the total payable to OESKN is equal to the fees that would have resulted had such withholdings not been applicable.
4.1. The User shall comply without conditions or exceptions of any nature with these Terms and Conditions. The User shall also be liable for any errors or mistakes in the accuracy, quality, completeness, and legality of its data and the means by which it acquired the same. In particular, the User agrees to refrain from performing any of the following acts, being solely responsible in case of doing so:
(i) use the Service directly or indirectly, to violate any applicable law, whatever its nature, whether provincial, state, national or international;
(ii) use, make or transmit information and/or materials the content of which is, directly or indirectly, and without the following being considered a limitation, infringing, profane, abusive, defamatory and/or fraudulent, or which discloses private or personal matters affecting any person, or in any way violates the rights of others;
(iii) access the Service using false, misleading or non-existent information, whether as an individual or a legal entity;
(iv) post or transmit any material that the User does not have the right to transmit under any law (whether copyright, trademark, trade secret, patent or other proprietary rights of others but not limited to);(v) violate or alter in any way the authentication, identity verification and security systems of the Service, networks or accounts of Users, brands and/or administrators and/or those responsible for the Service; this includes, and is not limited to, attempting to access data or materials not intended for the User, or attempting to test or alter in any way and at any level the security of OESKN, using any kind of tools that serve the same or similar purposes;
(v) send or transmit files that contain viruses or other destructive features that may adversely affect the operation of another's computer and/or may affect the proper functioning of the same and/or the Service;
(vi) use any computer program (software) or other means, which induces deception, for the purpose of increasing or procuring patrimonial or commercial advantages in favor of the User or third parties not authorized by OESKN or not foreseen in these Terms and Conditions;
(vii) take any action that restricts, denies, or prevents any individual, group, entity, or organization from using the Service and the Internet in general.
Likewise, the use of any method or system, computer or otherwise, by the User and/or third parties in favor of the User for the purpose of using the Service, which are not expressly authorized by OESKN in these Terms and Conditions and/or by other express means, is prohibited and will be cause for the sanctions and/or procedures contemplated therein, without prejudice to the legal actions that OESKN and/or its representatives and/or successors may bring to that effect.
4.2. OESKN implements strong security measures to protect your personal information. However, in the event that a third party gains unauthorized access to our systems (such as through hacking or malware) and uses your information in a harmful way, OESKN cannot be held responsible for any resulting damages. We also disclaim liability for any harm caused by third-party messages, links, or content containing malicious software that may compromise your device.
4.3. The User accepts and understands that the Service is focused exclusively on providing skincare recommendations and advice based on the information and technology made available by the User. OESKN does not provide medical or healthcare services, and our recommendations are not intended to replace professional medical advice or treatment. For any health-related concerns or medical conditions, OESKN strongly encourages the User to consult with a licensed healthcare professional. Therefore, the User, by accessing the OESKN Material, agrees that OESKN is not liable for damages suffered by the use, correct or incorrect, of such material. Furthermore, the User understands that using skin products may cause potential health risks. Accordingly, the User, by accepting these terms and conditions, releases, discharges, and holds harmless OESKN from any and all liability or damage to health that may arise from the User's participation in the use of the Service. The Service is prepared with strict rigor and is based on the personal knowledge and experience of the OESKN team, as well as general information that has been thoroughly studied, researched, and consulted by OESKN. However, OESKN states that this content should never replace the recommendations that may be issued by a health professional and therefore does not constitute medical advice or a medical recommendation. It is the responsibility of the User to consult its doctor prior to initiating any of our recommendations contained in this section of the Platform.
4.4. By accessing the OESKN Material, the User accepts and acknowledges that: (i) OESKN is not responsible for damages suffered by the use, correct or incorrect, of the same (ii) the use of dermatological products may imply a serious risk to health (iii) releases, exonerates and exonerates OESKN from any and all liability or damage to their health that may arise from the development of the User's participation in the use of the OESKN Material.
4.5. Although OESKN uses advanced tools and scientific methods for skin analysis, OESKN does not guarantee that the results will be completely accurate or error-free. The recommendations provided are based on available data and may not be applicable to all skin conditions or individual situations.
4.6. The User understands and agrees that the Service is not designed to replace the diagnosis, treatment, or advice of a dermatologist or specialized physician. If the User has specific health conditions, skin pathologies, , serious dermatological problems, or medical concerns, OESKN recommends consulting directly with a qualified health professional.
4.7. Recommendations on skincare products and routines are based on information provided by the User and evaluation performed. The efficacy of products may vary according to the individual User's response, and OESKN while making its best effort to improve the User's skin health, cannot guarantee specific results. The Platform of any recommendations is at the User's own risk.
4.8. OESKN shall not be liable directly or indirectly for damages (neither indirect, nor special, nor incidental, nor consequential, nor of any other kind) that may result on the User or any third party given their use of this Service (including, but not limited to loss of life, health, privacy, data or any physical or economic damage). This is notwithstanding the way in which such damage arises, whether in violation of these terms or not, regardless of whether the User has been warned or not.
4.9. The User understands and agrees that it is the User's responsibility to follow the recommendations provided carefully and properly. Any adverse reaction or side effect arising from the use of recommended products should be managed immediately and if necessary, a medical professional should be consulted.
4.10. The User bears all responsibility for proper protection and careful use of OESKN Material, software, and equipment and has no claim whatsoever against inadequate instruction or physiological damage resulting from the use of OESKN Material. Without limitation, OESKN specifies that under no circumstances shall its total liability to any User exceed the amount the User has paid to OESKN.
4.11. In no event shall OESKN be liable for any loss or damage arising from circumstances beyond its control.
4.12. The User must keep in mind that OESKN contracts its access to the Platform and its servers with a third-party provider of such services. Consequently, the User accepts and acknowledges that the Service may not always be available due to technical difficulties or failures of the Internet or third-party providers; congestion on the Internet, in social networks, or for any other reason beyond OESKN's control. Consequently, OESKN does not guarantee the availability and continuity of the operation of the Service; nor does it guarantee the usefulness of the Service for the performance of any particular activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Service, or all of them.
4.13. OESKN reserves the right to make any modifications it deems necessary in order to improve the quality and performance of the Service without this implying a commitment to comply with it.
4.14. OESKN will make available to the User tools that may be owned by third party providers, for which OESKN is not responsible for the proper functioning of the same.
4.15. The User understands that the information provided on the Platform may not be distributed to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirements in such jurisdiction or country. Accordingly, persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent applicable.
4.16. The User undertakes to hold OESKN harmless against any claim received from third parties and/or governmental authorities for any action that reflects what is mentioned in the present clause.
5.1. To the fullest extent permitted by applicable law the User agrees to hold harmless, defend (in OESKN's sole discretion), indemnify, and hold harmless OESKN and its affiliates and subsidiaries, and their officers, directors, employees, and agents, from and against any and all claims, liabilities, and/or damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) User's breach of these terms and conditions; (ii) User's misuse of the Platform; (iii) the collection and transfer of taxes on User's head by the relevant tax authorities; (iv) User's violation of any law, regulation or third party right.
6.1. At OESKN, we specialize in providing recommendations and advice related to skincare. However, we want to clarify that we are not healthcare professionals and our recommendations should not replace professional medical advice. If the User has any concerns about it´s health or specific skin conditions, OESKN recommends consulting a dermatologist or a healthcare professional. The User´s well-being is our top priority, and we want to ensure they receive the appropriate care.
The User's use of the Platform and the OESKN Material is at the User's sole and absolute risk. The OESKN Material is provided on an “as is” and “as available” basis. It is provided without warranties of any kind, express or implied, including, but not limited to, warranties of fitness for a particular purpose. The OESKN Material provided does not represent any guarantee of results to the User. Results obtained may vary depending on a variety of factors, including from individual to individual. OESKN, its subsidiaries, affiliates, or licensors do not warrant that OESKN's Material will be uninterrupted, or uninterruptible; that errors or defects will be corrected; that OESKN's Material is free of viruses; or that the results of using OESKN's Material will meet your expectations. OESKN makes no representations or warranties of any kind about the completeness, accuracy, suitability, or availability of OESKN Material. Any reliance on these facts is entirely at the User's own risk. Likewise, OESKN does not warrant that the OESKN Material will fully meet the User's expectations and, especially, that the results possible to be achieved through the OESKN Material will invariably be obtained. As OESKN is exclusively committed to an obligation of means, it cannot be held liable in the event that the User does not obtain the expected results. The User acknowledges that the information provided is limited and therefore does not claim to cover all situations. The User accepts that the use of the Platform and the services occurs under it´s sole responsibility, control, and direction. OESKN makes no representations or warranties as to the effectiveness of the OESKN Material on the User's body.
7.1. OESKN does not allow Users to carry out actions that promote or incite harm to others or that promote discriminatory, hateful, or harassing content. For such purposes, OESKN may suspend or terminate the Account in those Users about whom it contains indications or suspicions of uses of Content that, in OESKN's sole discretion, are determined to contain:
(i) A threat of physical harm. This means any statement, photograph, advertisement or other Content that, in OESKN's sole discretion, may reasonably be deemed to threaten, advocate, or incite physical harm or violence against others.
(ii) Hate Content. This means any statement, image, photograph, advertisement or other Content that, in OESKN's sole discretion, may reasonably be considered harmful, threatening, promoting harassment, intimidation, abuse, or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness or immigration status.
7.2. OESKN may also suspend or terminate the User's Account in the event that it believes, in its sole discretion, that the User is:
(i) an organization that has publicly stated or acknowledged that its objectives, positions, or fundamental ideas include statements or principles that may be deemed to advocate, encourage, or promote hate content or threats of physical harm;
(ii) a person who has made a public comment or statement, or who has made publicly known an opinion, including affiliation with an organization as listed above, that could reasonably be perceived as hate content or a threat of physical harm; or
(iii) a person or organization that has acted in a manner that could reasonably be perceived to support, justify, promote, or represent hate content or a threat of physical harm.
7.3. OESKN also does not permit the distribution of content that is materially false, inaccurate, or misleading in a manner that could mislead or confuse others about important events, issues, or circumstances.
7.4. The User understands and agrees that in the event the User violates any of these rules, OESKN may issue a warning to suspend or terminate the User's Account.
8.1. OESKN shall not be liable if Users do not have a means of communication or technology compatible with the use of the Platform for access to information.
8.2. The Users undertake to make proper and lawful use of the Platform in accordance with the applicable legislation, these Terms and Conditions, generally accepted morals and good customs, and public order.
8.3. By using the Platform or the Services, Users agree that:
(a) They will not request the Service for purposes that are unlawful, illegal, contrary to the provisions of these Terms and Conditions, good faith and public order, or harmful to the rights and interests of third parties.
(b) You will not attempt to damage the Service or the Platform in any way, nor will you access restricted resources in the Platform.
(c) You will not use the Service or the Platform with an incompatible or unauthorized device.
(d) You will not introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the Platform.
9.1. OESKN does not guarantee the availability and continuity of the operation of the Platform. Consequently, OESKN shall in no event be liable for any damages that may arise from (i) the lack of availability or accessibility of the Platform; (ii) interruption in the operation of the Platform or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, communication systems, Internet or other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of OESKN.
9.2. OESKN does not guarantee the absence of viruses or other elements in the Platform introduced by third parties outside OESKN that may cause alterations in the User's physical or logical systems or in the electronic documents and files stored in its systems. Consequently, OESKN shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the User's physical or logical systems, electronic documents, or files.
9.3. OESKN adopts various protective measures to protect the Platform and the contents against computer attacks by third parties. However, OESKN does not guarantee that unauthorized third parties cannot know the conditions, characteristics, and circumstances under which the User accesses the Platform. Consequently, OESKN shall in no case be liable for any damages that may arise from such unauthorized access.
9.4. By accepting these Terms and Conditions, the User declares that it will hold OESKN, its controlled and controlling companies, directors, partners, employees, lawyers and agents harmless against any claim arising from (i) breach by the Users of any provision contained in these Terms and Conditions or any law or regulation applicable thereto, (ii) breach or violation of the rights of third parties including, but not limited to, other Users; and (iii) breach of the permitted use of the Platform.
10.1. The User acknowledges and accepts that all intellectual and industrial property rights over all elements that form part of the operation of the Platform (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video), Modules generated by OESKN, and the Modules generated by OESKN, are the property of OESKN.
11.1. The Parties shall keep strictly confidential and shall not divulge or disclose to third parties, in whole or in part, without the prior and express written consent of the Party disclosing information, any information, matter, or objects disclosed to it by any of the Parties as confidential, secret or proprietary in nature of such Party, such as trade secrets or trade policies, or any information which under the circumstances of its disclosure should be considered confidential (hereinafter the “Confidential Information”), for which purpose it shall take all reasonable precautions to prevent its unauthorized dissemination or disclosure and shall refrain from sharing any or all such information with any third party for any reason whatsoever, except as may be required by court order. The duty of confidentiality includes but is not limited to all documents, whether handwritten or on magnetic media, oral or written instructions or orders, which either Party has given to another Party or which come to its knowledge by virtue of the provision of the Service.
12.1. The Personal Data provided by the User when registering the Account shall be integrated into a personal database for which OESKN is responsible, whose address appears in the heading of this document.
12.2. OESKN declares that the personal data of the Users will be used solely for the purpose of providing the Service as mentioned in Clause Two and to carry out the corresponding invoicing thereof.
12.3. Users may exercise their rights to access, rectify, delete, and update their personal information, as well as to oppose the processing thereof, all in accordance with the provisions of the applicable regulations.
12.4. The User acknowledges and accepts that the information entered in the Platform for the use of the Service will be transmitted to OESKN, and will be used by OESKN in accordance with its Privacy Policy available for consultation in the Platform.
13.1. Any notification or other communication that must be made under these Terms and Conditions must be made in writing: (i) to the User: to the email account, which will be considered valid, even if some factual inconvenience not attributable to OESKN arises that makes it impossible for the User to be informed of the content of the notification; (ii) to OESKN: to the email account contact@oeskn.com.
13.2. In the event that the User intends to make a complaint regarding the Service offered, the User may contact OESKN through its official channels: In App Support Section or to contact@oeskn.com.
14.1 These Terms and Conditions, as well as the relationship between OESKN and the User, shall be governed by and construed in accordance with the laws of Delaware, United States.
14.2. Any dispute as to the validity, existence, interpretation, performance, breach or enforcement of these Terms and Conditions, as well as any aspect of the Service, shall be settled exclusively by the Commercial Courts of Delaware, United States.
15.1. The use of the Service confers the condition of the User and expresses the full and unreserved acceptance, by the User, of each and every clause of the Terms and Conditions in the version published by OESKN in the Platform at the very moment the User uses the Service.
15.2. The User declares to have legal capacity to contract and not to have any impediment according to the applicable jurisdictions, and undertakes to use the Service for a lawful purpose.
15.3. The use of the Service is also subject to all notices, rules of use, instructions, policies, terms and conditions complementary, supplementary or specific, present or that may be published by OESKN in the Platform in the future.
15.4. OESKN may modify the Terms and Conditions at any time by communicating such modifications to the Users. New versions of the Terms and Conditions will be notified by: (i) publication of such new version in the Platform and/or (ii) by e-mail message addressed to the User with a link to the corresponding URL. Upon receipt of such notice, the User's continued use of the Service after the posting of such new version shall be deemed acceptance of such modifications to the Terms and Conditions. Accordingly, the User agrees to: (i) check the URL: https://oeskn.com/legal/terms-of-service before using the Platform; and (ii) to read any email messages sent by OESKN with any modifications or new versions.
15.5. The User is responsible for examining and understanding the operation of the Service and these Terms and Conditions in order to become familiar with the resources and functions of the Service.
15.6. The parties are independent contractors. These Terms and Conditions do not create a partnership, franchise, joint venture, agency, commercial, fiduciary, or employment relationship between the parties.
15.7. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted as best helps to achieve the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of these Terms and Conditions will continue in force.
15.8. The User may not assign its rights or obligations assumed without the prior written consent of OESKN (which shall not be unreasonably withheld). OESKN may assign its rights and obligations under these Terms and Conditions without the User's consent.
15.9. By using the OESKN service, the User grants OESKN the right to reproduce, display, and tag any content, including posts and media, that the User publishes using the service on OESKN’s own social media channels or other media platforms. The User agrees that such content may be used by OESKN for promotional, marketing, or informational purposes.
The User also agrees not to post or share any content that is defamatory, obscene, offensive, or otherwise inconsistent with the moral standards or public image of OESKN. OESKN reserves the right to remove any content that it deems to be in violation of these guidelines.
Use your social media platform handle/handles for identifying (“tagging”) your Content used in the Works