Clarē — Terms of Service

Last updated: [DATE]

These Terms of Service ("Terms") govern your access to and use of the Clarē application, website, and related services (collectively, the "Service"), operated by Lumera Holdings Pty Ltd (ABN [INSERT ABN], ACN [INSERT ACN]), a company registered in Australia ("Lumera," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of another person, you represent that you are authorised to do so.

2. Nature of the Service — Important Disclaimer

The Service provides general skincare information and routine-organisation tools for informational and educational purposes only. It does not provide medical, dermatological, or professional health advice, diagnosis, or treatment.

• The Service generates suggestions based on general cosmetic-science information and the data you provide. It is not a substitute for professional advice from a qualified dermatologist, physician, pharmacist, or other healthcare professional.
• You should always consult a qualified healthcare professional before starting, changing, or stopping any skincare regimen, particularly if you are pregnant, breastfeeding, have a medical or skin condition, are taking medication, or have known allergies or sensitivities.
• Information regarding ingredient safety (including during pregnancy) is general in nature, may be incomplete, and may not reflect your individual circumstances. We do not warrant that any product, ingredient, or routine is safe or suitable for you.
• You use any information, suggestion, or routine generated by the Service entirely at your own risk.
• We are not responsible for any adverse reaction, irritation, injury, or other harm arising from products you use or routines you follow, whether or not suggested by the Service.

3. Your Account

• You may use parts of the Service anonymously. Some features require an account, which is provided through our third-party authentication provider.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You agree to provide accurate information and to keep it current. We may suspend or terminate accounts that contain false, misleading, or incomplete information.
• You are responsible for the products, data, and information you add to the Service.

4. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• attempt to gain unauthorised access to the Service, other users' accounts, or our systems;
• interfere with, disrupt, probe, or place undue load on the Service or its infrastructure;
• reverse engineer, decompile, scrape, harvest, or extract data from the Service except as expressly permitted;
• introduce malware or any harmful code;
• misuse any reporting, submission, or communication feature (including submitting false, abusive, or infringing content);
• use the Service to build, train, or improve a competing product or dataset; or
• resell, sublicense, or commercially exploit the Service or its content without our written consent.

We may investigate and take any action we deem appropriate, including suspending or terminating access, for any actual or suspected violation.

5. User-Submitted Content

• If you submit content (including product information, bug reports, screenshots, images, or feedback), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable licence to use, reproduce, modify, adapt, store, and create derivative works from that content for the purpose of operating, improving, and developing the Service and our products.
• You represent and warrant that you have all rights necessary to submit such content and that it does not infringe any third-party rights or any law.
• We are under no obligation to use, store, or return any submitted content and may remove it at any time.
• Feedback you provide is given voluntarily and we may use it without restriction or compensation.

6. Intellectual Property

• The Service, including its software, design, text, graphics, scoring methodology, rule systems, compiled data, and all other materials (excluding your content), is owned by or licensed to Lumera and is protected by intellectual property laws.
• We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use, subject to these Terms.
• You acquire no ownership rights in the Service. All rights not expressly granted are reserved.
• "Clarē," our logos, and our branding are our trade marks and may not be used without our written permission.

7. Third-Party Products, Services, and Links

• The Service references third-party products, ingredients, brands, and may contain links to or integrations with third-party services. We do not endorse, control, or assume responsibility for any third-party products, content, or services.
• Any dealings with third parties are solely between you and the third party.
• Product, ingredient, and brand information is compiled from various sources and may be inaccurate, incomplete, or out of date. We do not warrant its accuracy.

8. Disclaimers — "As Is"

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Service will be uninterrupted, secure, error-free, or free of harmful components.

We do not warrant that any information, suggestion, score, or routine provided by the Service is accurate, complete, reliable, current, or suitable for you.

Australian Consumer Law notice: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. To the extent we are permitted to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

9. Limitation of Liability

To the maximum extent permitted by law:

• Lumera, its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service, whether based in contract, tort (including negligence), statute, or otherwise, even if advised of the possibility of such damages.
• We will not be liable for any harm, reaction, injury, or loss arising from products you use, routines you follow, or decisions you make based on the Service.
• To the extent our liability cannot be excluded but can be limited, our total aggregate liability arising out of or related to the Service is limited to the greater of (a) the total amount you paid us (if any) in the twelve (12) months preceding the event giving rise to the liability, or (b) AUD $100.

10. Indemnity

You agree to indemnify, defend, and hold harmless Lumera and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) content you submit.

11. Suspension and Termination

• We may suspend, restrict, or terminate your access to the Service at any time, for any reason or no reason, with or without notice, including if we believe you have violated these Terms.
• You may stop using the Service at any time.
• Provisions that by their nature should survive termination (including Sections 5, 6, 8, 9, 10, and 12) survive.

12. Changes to the Service and these Terms

• We may modify, suspend, or discontinue any part of the Service at any time without liability.
• We may update these Terms at any time. Changes are effective when posted (or as otherwise indicated). Your continued use of the Service after changes take effect constitutes acceptance. Where required by law, we will provide additional notice.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia, and courts competent to hear appeals from them.

14. General

• Entire agreement: These Terms (together with the Privacy Policy) are the entire agreement between you and Lumera regarding the Service.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver: Our failure to enforce any provision is not a waiver of it.
• Assignment: You may not assign these Terms without our consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries except as expressly stated (our indemnified parties may rely on the relevant provisions).

15. Contact

Lumera Holdings Pty Ltd
[INSERT REGISTERED ADDRESS]
Email: [INSERT CONTACT EMAIL]

These Terms are a general template and do not constitute legal advice. They should be reviewed by a qualified lawyer before being relied upon.