SmartSkin Africa Terms and Conditions
Effective Date: 1st June 2026
1. Introduction
Welcome to SmartSkin Africa.
These Terms and Conditions ("Terms") govern your access to and use of the SmartSkin Africa web application, artificial intelligence ("AI") skin analysis technology and all related products and services (collectively, the "Platform").
By accessing or using the Platform, submitting an image for analysis or purchasing any services through the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
2. Eligibility
2.1 To use the Platform independently, you must be at least eighteen (18) years of age.
2.2 If you are under eighteen (18) years of age, you may access and use the Platform only with the consent and under the supervision of a parent or legal guardian who has the legal authority to provide such consent.
2.3 By accessing or using the Platform, you represent and warrant that:
- (a) you are at least eighteen (18) years of age, or, if you are under eighteen (18), that you are accessing and using the Platform with the consent and supervision of your parent or legal guardian;
- (b) you have the legal capacity to accept and be bound by these Terms, or, where you are under eighteen (18), your parent or legal guardian has accepted these Terms on your behalf;
- (c) the information and images you submit through the Platform are accurate and either belong to you or have been submitted with all necessary rights, permissions and consents;
- (d) you will use the Platform only for lawful purposes and in accordance with these Terms; and
- (e) you will comply with all applicable laws and regulations.
2.4 Where a parent or legal guardian provides consent for a person under eighteen (18) years of age to use the Platform, the parent or legal guardian acknowledges and agrees to these Terms on behalf of the minor and accepts responsibility for the minor's use of the Platform.
2.5 SmartSkin Africa reserves the right to restrict, suspend or terminate access to the Platform where it reasonably believes that a user does not meet the eligibility requirements set out in this Clause 2 or that the required parental or legal guardian consent has not been obtained.
3. AI Skin Analysis Services
3.1 SmartSkin Africa is an artificial intelligence-powered skincare analysis and recommendation platform designed for individuals interested in understanding and improving the appearance and overall quality of their skin.
3.2 The Platform analyses photographs voluntarily submitted by users and assesses visible facial skin characteristics against selected parameters using artificial intelligence technology.
3.3 Depending on the services and features available at the time of use, the Platform may provide:
- (a) AI-powered analysis of visible facial skin characteristics;
- (b) personalized skincare insights based on the results of the analysis;
- (c) assessments of selected skin parameters, including skin hydration, texture, tone, pigmentation, acne-related characteristics, wrinkling and visible signs of ageing;
- (d) skincare product recommendations intended to support the improvement and maintenance of overall skin quality and appearance;
- (e) educational information relating to skincare and skin health; and
- (f) other digital skincare features and services introduced by SmartSkin Africa from time to time.
3.4 The analysis and recommendations provided through the Platform are generated using artificial intelligence technology and are based on the photographs and information submitted by the user. The accuracy and usefulness of the results may be affected by factors including image quality, lighting, camera quality, image positioning and the completeness or accuracy of information provided by the user.
3.5 SmartSkin Africa is a consumer skincare analysis and recommendation platform and is not a medical diagnostic tool. The Platform does not diagnose, treat, cure or prevent medical conditions, and its analysis and recommendations should not be interpreted as medical advice or as a substitute for professional medical consultation.
3.6 Product recommendations provided through the Platform are intended to assist users in making informed skincare choices and are based on the results of the Platform's analysis and the products or product information available to SmartSkin Africa at the relevant time. SmartSkin Africa does not guarantee that any recommended product will produce a particular result for any individual user.
3.7 SmartSkin Africa may modify, update, improve, suspend or discontinue any feature, service or functionality of the Platform from time to time for operational, technical, commercial, security or other legitimate reasons.
4. Facial Images and User Submissions
4.1 To access and use the skin analysis services, users may be required to submit a photograph of their face ("Facial Image") through the Platform.
4.2 By submitting a Facial Image, you represent and warrant that:
- (a) the Facial Image is an image of you, or, where it depicts another person, you have obtained all necessary consent and authorization from that person to submit the image to SmartSkin Africa;
- (b) you have the right and authority to submit the Facial Image and authorize its processing in accordance with these Terms; and
- (c) the submission and processing of the Facial Image does not violate any applicable law or the rights of any other person.
4.3 You retain any rights you may have in your Facial Images. Submission of a Facial Image to SmartSkin Africa does not transfer ownership of the image to SmartSkin Africa.
4.4 By submitting a Facial Image, you authorize SmartSkin Africa to collect, process, analyze and use the Facial Image to the extent reasonably necessary to provide the skin analysis services, generate skincare insights and product recommendations, operate and maintain the Platform, and provide the services requested by you.
4.5 SmartSkin Africa may process information and results generated from the analysis of a Facial Image, including information relating to the skin parameters assessed by the Platform, in accordance with these Terms and the SmartSkin Africa Privacy Policy.
4.6 SmartSkin Africa will not use a user's Facial Image for purposes unrelated to the provision or operation of the Platform unless the user has provided any consent required by applicable law or such use is otherwise lawfully permitted.
4.7 Users must not submit Facial Images or other content that:
- (a) depict another person without the necessary consent or authorization;
- (b) infringe the privacy, intellectual property, image or other rights of another person;
- (c) contain unlawful, offensive or inappropriate material; or
- (d) otherwise violate these Terms or applicable law.
4.8 SmartSkin Africa reserves the right to reject, restrict or remove any submission that it reasonably believes violates these Terms, applicable law, or the rights of another person.
4.9 The collection, processing, storage, retention, deletion and other handling of Facial Images and information derived from them are further governed by the SmartSkin Africa Privacy Policy.
5. Payments and Refunds
5.1 Payments
Certain services offered through the Platform may require payment before the requested service is provided.
By purchasing a service through the Platform, you agree to:
- (a) pay all applicable fees, charges and taxes displayed at the time of purchase;
- (b) provide accurate and complete payment information where required; and
- (c) authorize SmartSkin Africa and its authorized payment service providers to process the applicable payment.
Prices for services are displayed in the applicable currency at the time of purchase and may be changed by SmartSkin Africa from time to time. Any price change will not affect a transaction that has already been successfully completed.
5.2 Third-Party Payment Providers
Payments made through the Platform may be processed by authorized third-party payment service providers.
SmartSkin Africa may not directly store your payment card details, mobile money credentials or other sensitive payment information. Where payment information is processed by a third-party payment service provider, such processing may be subject to the terms and privacy policies of that provider.
You authorize SmartSkin Africa and its authorized payment service providers to process payments necessary to complete transactions requested by you.
5.3 Refunds and Bonus Scans
Because each AI skin analysis is generated following the processing of the Facial Image submitted by you, payments for completed analyses are final and non-refundable.
Where an analysis is unsuccessful due to a technical issue, processing failure or other circumstance affecting the delivery of the analysis, SmartSkin Africa will not ordinarily issue a refund. Instead, upon verification of the legitimacy of the complaint, SmartSkin Africa may provide the user with a complimentary bonus scan at no additional cost.
A bonus scan may be provided where:
- (a) payment has been successfully processed but no usable analysis is generated due to a verified technical or processing failure;
- (b) the Platform experiences a verified technical issue that prevents the user from receiving the purchased analysis; or
- (c) SmartSkin Africa, following review of a complaint, determines that the user did not receive the service purchased.
A bonus scan is provided solely as a replacement for the affected scan and does not entitle the user to a cash refund or other monetary compensation, except where a refund is required by applicable law.
Refunds will not ordinarily be provided where:
- (a) you change your mind after submitting your Facial Image or after the analysis has been generated;
- (b) you are dissatisfied with the analysis, skincare insights or product recommendations generated by the Platform;
- (c) the quality, lighting, positioning or other characteristics of the submitted Facial Image prevent the Platform from producing an accurate or meaningful analysis;
- (d) the information provided by you is inaccurate, incomplete or misleading; or
- (e) the analysis or product recommendations do not produce the particular skincare outcome you expected.
SmartSkin Africa reserves the right to verify the circumstances of any complaint before issuing a bonus scan and may refuse a bonus scan where it reasonably determines that the complaint is unfounded, abusive or results from circumstances attributable to the user.
5.4 Failed or Cancelled Transactions
Where a payment fails, is declined, is reversed or cannot be verified, SmartSkin Africa may decline to provide the requested service until successful payment has been received.
Where an amount has been debited from your account despite a failed transaction and SmartSkin Africa does not receive the corresponding payment, any reversal or refund will be subject to the procedures and timelines of the relevant payment service provider and applicable law.
6. AI Results and Medical Disclaimer
6.1 Informational and Personal Skincare Purposes
The AI skin analysis, scores, reports, insights, recommendations and other information generated by the Platform (collectively, the "AI Results") are provided for informational, educational and personal skincare purposes.
The AI Results are intended to help users better understand visible characteristics of their skin and make more informed skincare and product choices. They are not intended to constitute medical advice, diagnosis or treatment.
6.2 No Medical Advice or Diagnosis
SmartSkin Africa is a consumer skincare analysis and recommendation platform and is not a healthcare provider. The Platform does not provide medical advice, medical diagnosis, treatment or professional healthcare services.
The Platform is not intended to diagnose, prevent, monitor, treat or cure any disease, medical condition or skin disorder.
Nothing contained on or provided through the Platform should be interpreted as medical advice or as a substitute for consultation, examination or treatment by a qualified dermatologist, physician or other appropriately qualified healthcare professional.
6.3 Limitations of Artificial Intelligence
Artificial intelligence technology is not infallible. While SmartSkin Africa continually seeks to improve the accuracy and performance of its technology, AI Results are generated through automated analysis of photographs and information submitted by users and may be affected by factors including:
- (a) image quality;
- (b) lighting conditions;
- (c) camera quality and resolution;
- (d) facial angle, positioning and distance from the camera;
- (e) cosmetics, skincare products or other coverings on the skin;
- (f) individual skin characteristics; and
- (g) other technical, environmental or user-related factors.
Accordingly, SmartSkin Africa does not warrant that any AI Result will be complete, accurate, reliable or suitable for every user or circumstance.
6.4 Professional Medical Care
If you experience persistent, severe, unusual or worsening skin symptoms, or have concerns regarding your health or skin, you should seek advice from a qualified healthcare professional. You should not delay, disregard, discontinue or modify professional medical advice, diagnosis or treatment based solely on any information or recommendation provided through the Platform.
6.5 Product Recommendations
Where the Platform provides skincare product recommendations, such recommendations are generated based on the AI analysis, information provided by the user and the products or product information available to SmartSkin Africa at the relevant time.
Product recommendations are intended to assist users in making informed skincare choices and do not constitute medical advice, an endorsement or a guarantee of the safety, suitability or effectiveness of any particular product for any individual user.
Users remain responsible for reviewing product ingredients, usage instructions, warnings, allergy information and other relevant product information before purchasing or using any recommended product. SmartSkin Africa does not guarantee that any recommended product or skincare routine will produce a particular result or achieve a particular appearance or skincare outcome.
7. User Responsibilities
7.1 Responsible Use
You agree to use the Platform responsibly, in good faith and in accordance with these Terms and all applicable laws and regulations. When using the Platform, you agree to:
- (a) submit genuine and reasonably accurate images for analysis;
- (b) provide information requested by the Platform truthfully and accurately;
- (c) use the Platform only for lawful purposes and in accordance with these Terms;
- (d) follow reasonable instructions and requirements provided by the Platform; and
- (e) refrain from any activity that may interfere with, disrupt, compromise or adversely affect the proper operation, security or availability of the Platform.
7.2 Prohibited Conduct
You must not:
- (a) submit an image of another person without having obtained the necessary consent or authorization to do so;
- (b) submit images that have been materially altered, manipulated or digitally generated for the purpose of misleading or circumventing the AI analysis;
- (c) upload unlawful, fraudulent, abusive, defamatory, obscene or otherwise inappropriate content;
- (d) introduce or transmit viruses, malware, malicious code or other harmful material into or through the Platform;
- (e) attempt to gain unauthorized access to any part of the Platform, its systems, servers, databases or supporting infrastructure;
- (f) reverse engineer, decompile, disassemble, copy, modify or otherwise attempt to extract, reproduce or interfere with the AI models, algorithms, source code or underlying technology of the Platform, except to the extent expressly permitted by applicable law;
- (g) use automated tools, bots, scripts, crawlers or other means to access, scrape, collect data from, misuse or overload the Platform without SmartSkin Africa's prior written authorization;
- (h) use the Platform to develop, train, test or improve a competing product or service without SmartSkin Africa's prior written authorization; or
- (i) use the Platform in any manner that may harm SmartSkin Africa, its users, service providers or any third party, or that may compromise the security, integrity or proper operation of the Platform.
7.3 Accuracy and Quality of Submissions
You acknowledge that the quality, accuracy and usefulness of the AI Results depend, in part, on the quality and accuracy of the images and information you provide.
SmartSkin Africa shall not be responsible for inaccurate, incomplete or misleading AI Results to the extent that they result from inaccurate, incomplete, misleading or poor-quality images or information submitted by you.
7.4 Compliance and Enforcement
Where SmartSkin Africa reasonably believes that you have breached these Terms or applicable law, it may refuse to process a submission, suspend or restrict your access to the Platform or any service, or take any other action reasonably necessary to protect the security, integrity and lawful operation of the Platform. SmartSkin Africa may also cooperate with law enforcement authorities or other competent authorities where required or permitted by applicable law.
8. Intellectual Property and Platform Ownership
8.1 Ownership of the Platform
The Platform, including its software, artificial intelligence models, algorithms, technology, source code, object code, interfaces, designs, databases, features, functionality, content, graphics, logos, trademarks, service marks, reports, analysis methodologies and other materials made available through or in connection with the Platform (collectively, the "SmartSkin Materials"), are owned by or licensed to AccessPlus Communications Limited ("AccessPlus") and are protected by applicable intellectual property laws.
8.2 Limited Right to Use
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Platform and the SmartSkin Materials solely for your personal, non-commercial skincare purposes.
This right does not transfer to you any ownership interest or intellectual property rights in the Platform, the SmartSkin Materials or any underlying technology.
8.3 Restrictions
Except as expressly permitted by these Terms or applicable law, you must not:
- (a) copy, reproduce, distribute, publish, sell, license, lease, rent or commercially exploit any part of the Platform or SmartSkin Materials;
- (b) modify, adapt, translate or create derivative works from the Platform or SmartSkin Materials;
- (c) reproduce, extract, scrape or systematically collect any content, data, analysis, results or other materials from the Platform for commercial or unauthorized purposes;
- (d) remove, obscure or alter any copyright, trademark, proprietary or other rights notices appearing on the Platform;
- (e) access or use the Platform for the purpose of developing, training, testing or improving a competing product, service, artificial intelligence model or technology; or
- (f) attempt to obtain unauthorized access to, reproduce or otherwise exploit any source code, algorithms, models, technical architecture or other proprietary technology underlying the Platform.
8.4 AI Models and Proprietary Technology
AccessPlus retains, or holds under license, all rights, title and interest in and to the artificial intelligence models, algorithms, analysis methodologies, technologies and systems used to operate, provide and improve the Platform.
Your use of the Platform does not grant you any ownership interest or other proprietary right in any such technology.
8.5 AI Results
Subject to AccessPlus's rights in the Platform, its technology and underlying methodologies, you may use AI Results generated for you through the Platform for your personal skincare purposes only.
You must not commercially reproduce, resell, redistribute or represent the AI Results as your own professional, medical or expert assessment without the prior written authorization of AccessPlus.
8.6 Trademarks and Branding
The name "SmartSkin Africa", its logos, trademarks, service marks, trade names, branding and other distinctive signs used in connection with the Platform are owned by or licensed to AccessPlus.
You may not use, reproduce, modify or display any SmartSkin Africa or AccessPlus trademark, logo or branding without the prior written authorization of AccessPlus.
8.7 Feedback
Where you voluntarily provide suggestions, ideas, comments, recommendations or other feedback concerning the Platform ("Feedback"), you grant AccessPlus a perpetual, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, modify, adapt, develop and incorporate such Feedback into its products, services or technology without compensation or further obligation to you.
This license does not grant AccessPlus any additional rights to your personal data or other information protected under applicable data protection laws, which shall be handled in accordance with the Privacy Policy.
9. Privacy and Data Protection
9.1 AccessPlus is the Data Controller responsible for the processing of personal data in connection with your use of the SmartSkin Africa Platform. AccessPlus is duly registered with the Ghana Data Protection Commission as a Data Controller.
9.2 Your use of the Platform is subject to the SmartSkin Africa Privacy Policy, which sets out how AccessPlus collects, processes, uses, protects and otherwise handles personal data in connection with the Platform.
9.3 By using the Platform, you acknowledge that personal data, including Facial Images submitted by you, may be processed as necessary to provide the AI-powered skin analysis, generate skincare insights and product recommendations, process transactions, operate and secure the Platform, and perform other functions described in the Privacy Policy.
9.4 Facial Images submitted for analysis are processed for the purpose of providing the requested skin analysis and are not retained by SmartSkin Africa after the applicable analysis process has been completed, except where temporary retention is necessary for technical, security, legal or other legitimate operational purposes as described in the Privacy Policy.
9.5 You acknowledge that the processing of your personal data is subject to the SmartSkin Africa Privacy Policy and applicable data protection laws.
9.6 By accessing or using the Platform, you acknowledge that you have read and understood the SmartSkin Africa Privacy Policy.
10. Platform Availability
10.1 Service Availability
AccessPlus uses reasonable efforts to keep the Platform available and operational. However, we do not guarantee that the Platform will be available at all times or operate without interruption, delay, error or other technical issues.
10.2 Maintenance and Updates
From time to time, AccessPlus may suspend, restrict or interrupt access to all or part of the Platform to carry out:
- routine maintenance;
- security updates;
- software upgrades;
- system improvements; or
- other operational activities necessary for the proper functioning, security or improvement of the Platform.
Where reasonably practicable, planned maintenance may be communicated in advance.
10.3 Service Interruptions
Access to the Platform may be affected by circumstances beyond AccessPlus's reasonable control, including:
- internet or telecommunications failures;
- power outages;
- failures of third-party service providers;
- cybersecurity incidents;
- hardware or software failures; or
- other unforeseen technical or operational events.
AccessPlus shall not be liable for any loss, damage, cost or inconvenience arising solely from any temporary interruption, suspension, delay or unavailability of the Platform resulting from such circumstances, except to the extent that such liability cannot lawfully be excluded or limited under applicable law.
11. Limitation of Liability
11.1 No Medical Relationship
Your use of the Platform does not create a doctor-patient, healthcare provider-patient, dermatologist-patient or other professional healthcare relationship between you and SmartSkin Africa.
The Platform provides AI-powered skin analysis for informational and educational purposes only.
11.2 No Warranties
To the fullest extent permitted by applicable law, the Platform and all AI Results are provided on an "as is" and "as available" basis.
SmartSkin Africa makes no representation or warranty, express or implied, regarding:
- the accuracy, completeness or reliability of any AI Result;
- the suitability of any recommendation for your particular circumstances;
- the uninterrupted, secure or error-free operation of the Platform;
- that the Platform will identify every skin concern or condition; or
- that use of the Platform will improve your skin or achieve any particular result.
11.3 AI Limitations
AI Results are generated through automated analysis of the photographs and information you provide and are subject to technological and other limitations.
Accordingly, SmartSkin Africa shall not be liable for any decision, action or omission made in reliance on the AI Results, except to the extent that such liability cannot lawfully be excluded or limited.
11.4 Exclusion of Certain Damages
To the fullest extent permitted by law, SmartSkin Africa shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to:
- loss of profits;
- loss of business or opportunity;
- loss of revenue;
- loss of data;
- reputational damage;
- business interruption;
- emotional distress; or
- any other indirect or consequential loss, arising from or relating to your use of, or inability to use, the Platform.
11.5 Liability Cap
To the fullest extent permitted by law, AccessPlus's total cumulative liability arising out of or relating to any claim under these Terms shall not exceed the total amount actually paid by you to AccessPlus for the specific AI skin analysis or service giving rise to the claim.
Where the relevant AI skin analysis or service was provided free of charge and no payment was made by you for that service, AccessPlus's total cumulative liability shall be zero, except to the extent that such liability cannot lawfully be excluded or limited.
11.6 Non-Excludable Liability
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
12. Indemnity
12.1 User Indemnity
You agree to indemnify, defend and hold harmless AccessPlus, SmartSkin Africa, and their respective directors, officers, employees, affiliates, licensors, contractors and agents from and against any claims, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to:
- your breach of these Terms;
- your misuse of the Platform;
- any image, information or content submitted by you;
- your violation of any applicable law or regulation;
- your infringement or alleged infringement of the intellectual property, privacy, image or other rights of any third party; or
- any false, misleading, inaccurate or unauthorized information or images submitted through the Platform.
12.2 Defense of Claims
AccessPlus reserves the right, at its own expense, to assume the exclusive defense and control of any claim or matter that is subject to indemnification under Clause 12.1.
You agree to provide AccessPlus with all reasonable assistance and cooperation in the defense, investigation and settlement of any such claim or matter. You shall not settle or compromise any claim subject to indemnification without the prior written consent of AccessPlus.
12.3 Survival
The provisions of this Clause 12 shall survive the termination of these Terms and your use of the Platform to the extent necessary to give effect to their purpose.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana.
14. Dispute Resolution
14.1 Amicable Resolution
A User seeking to resolve a dispute arising out of or relating to these Terms or the Platform shall first provide AccessPlus with written notice of the dispute. The parties shall then use good-faith efforts to resolve the dispute amicably within thirty (30) days after AccessPlus receives such written notice.
Nothing in this Clause 14.1 limits or restricts AccessPlus from taking any action or seeking any remedy available to it under these Terms or applicable laws.
14.2 Arbitration
If a dispute cannot be resolved amicably within thirty (30) days after AccessPlus receives the written notice referred to in Clause 14.1, the dispute shall be finally resolved by binding arbitration in Accra, Ghana.
The arbitration shall:
- be conducted in the English language;
- be conducted in accordance with the applicable arbitration laws of the Republic of Ghana;
- be heard and determined by a single arbitrator appointed in accordance with those laws; and
- result in an award that shall be final and binding on the parties.
14.3 Interim and Equitable Relief
Notwithstanding Clauses 14.1 and 14.2, nothing in these Terms shall require AccessPlus to provide prior written notice, participate in an amicable-resolution process or wait for the expiry of any applicable thirty (30)-day period before seeking interim, injunctive or other equitable relief from a court of competent jurisdiction where AccessPlus considers such relief necessary to protect its intellectual property, confidential information, systems, users or other legal rights, or to prevent or address any unauthorized, unlawful or harmful conduct.
AccessPlus may seek such relief immediately and without first resorting to the amicable-resolution or arbitration procedures set out in these Terms.
14.4 Limitation Period
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform must be commenced within twelve (12) months after the cause of action arises.
Any claim commenced after that period shall be permanently barred.
14.5 Class Action Waiver
To the fullest extent permitted by applicable law, users of the Platform irrevocably waive any right to participate as a plaintiff, claimant or member of any class action, collective action, representative action or similar proceeding arising out of or relating to these Terms or the Platform.
14.6 Costs
Each party shall bear its own legal and other costs incurred in connection with any dispute or arbitration arising out of or relating to these Terms.
15. Severability
15.1 If any provision of these Terms, or any part of a provision, is determined by a court or other competent authority to be invalid, unlawful, void or unenforceable, that provision shall, to the extent permitted by applicable law, be interpreted, modified or limited to the minimum extent necessary to make it valid, lawful and enforceable while preserving its original purpose and intended effect.
15.2 Where a provision cannot reasonably be interpreted, modified or limited to make it valid, lawful and enforceable, that provision, or the affected part of it, shall be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions.
15.3 The invalidity, unlawfulness, voidness or unenforceability of any provision in one jurisdiction shall not, unless required by applicable law, affect the validity, legality or enforceability of that provision in any other jurisdiction.
15.4 Where any provision is severed or rendered unenforceable, the remaining provisions shall continue in full force and effect as if the affected provision had not been included, provided that the remaining provisions continue to give effect, as far as legally possible, to the rights, obligations and protections intended by these Terms.
15.5 Where a provision is severed or determined to be unenforceable, the parties intend that the provision shall, where legally permissible, be replaced or interpreted in a manner that most closely reflects its original purpose and intended commercial effect, without imposing any obligation or liability greater than that originally contemplated by these Terms.
16. Entire Agreement
16.1 These Terms, together with the SmartSkin Africa Privacy Policy and any other policies, notices, guidelines or terms expressly incorporated into these Terms, constitute the entire agreement between you and AccessPlus in relation to your access to and use of the Platform.
16.2 These Terms supersede all prior or contemporaneous agreements, understandings, communications, representations and arrangements, whether written or oral, relating to the same subject matter.
16.3 You acknowledge that, in agreeing to these Terms, you have not relied on any representation, statement, promise or undertaking other than those expressly set out in these Terms or in any document expressly incorporated into them.
16.4 If you do not agree to any provision of these Terms, you must discontinue your use of the Platform immediately.
17. Amendments
17.1 AccessPlus reserves the right to amend, update, revise or modify these Terms from time to time, including to reflect changes to the Platform, its services, technology, business operations, applicable laws or regulatory requirements.
17.2 Any amended or updated Terms shall become effective upon publication on the Platform, unless a different effective date is specified in the revised Terms.
17.3 Where reasonably practicable, AccessPlus may notify users of material changes through the Platform or by other appropriate means. AccessPlus shall not be required to provide individual notice of every amendment.
17.4 Your continued access to or use of the Platform after the effective date of any amended or updated Terms constitutes your acceptance of the revised Terms.
17.5 If you do not agree to any amended or updated Terms, you must discontinue your use of the Platform immediately.
18. No Waiver
18.1 No failure or delay by AccessPlus in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy.
18.2 Any waiver by AccessPlus of any provision or breach of these Terms shall be effective only if expressly given in writing and shall not constitute a waiver of any subsequent breach or of any other provision of these Terms.
19. Assignment
19.1 You may not assign, transfer, delegate or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of AccessPlus.
19.2 AccessPlus may assign, transfer, delegate or otherwise dispose of any of its rights or obligations under these Terms without your consent, including in connection with any merger, acquisition, restructuring, sale, transfer or other disposition of all or part of its business, assets or the Platform.
19.3 Any assignment or transfer made in accordance with this Clause shall not affect any rights or obligations that accrued before the date of the assignment or transfer.
20. Contact Information
20.1 All complaints, concerns, enquiries, notices and other communications relating to the Platform or these Terms shall be sent to support@smartskin.app.
20.2 AccessPlus may communicate with you regarding your use of the Platform, your account, services requested by you, or any complaint, concern or enquiry submitted by you using the contact information you have provided to AccessPlus.
20.3 You are responsible for ensuring that any contact information you provide to AccessPlus is accurate and up to date.
By accessing or using the SmartSkin Africa Platform, submitting an image for AI analysis or purchasing any services offered through the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
If you do not agree to these Terms, you must not use the Platform.