Terms of Use

1. About these terms

These Terms of Use ("Terms") are an agreement between you and Nghia Le, trading as LilGroup ("LilGroup", "we", "us"), the provider of the ManeBooth iPhone app. By downloading or using ManeBooth you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the app.

2. Who can use ManeBooth

ManeBooth is intended for people aged 13 and over. If you are under 18, you may use ManeBooth only with permission from a parent or guardian, who agrees to these Terms on your behalf and is responsible for any purchases.

3. Your licence to use the app

We give you a personal, non-exclusive, non-transferable, revocable licence to use ManeBooth on Apple devices that you own or control, for your own non-commercial use, as allowed by these Terms and Apple's Usage Rules. You may not copy, modify, resell or reverse engineer the app, or try to get around its limits or security, except where the law allows it.

4. Looks are previews, not promises

• Looks, photobooth strips and side and back views are created automatically from your photos. They are illustrations of how a haircut might look, not photographs of a real result. They may not be exact, and some tries fail.
• How a haircut really turns out depends on your hair (texture, density, length, growth patterns, past treatments) and on your stylist. Stylist cut notes are suggestions to start a conversation; your stylist has the final say.
• Before any colour, bleach, perm or other chemical treatment, follow your stylist's advice, including allergy and strand tests.

5. Your photos and acceptable use

When you use ManeBooth, you agree that:

• the selfie you add is of you, or of someone who has given you permission (and, for anyone under 18, their parent or guardian's permission);
• you have the right to use the haircut photos you add, and you use them only to try the hairstyle on yourself;
• you will not add photos that are sexual, violent, hateful or otherwise unlawful, or photos of children other than your own child with your permission as their parent or guardian;
• you will not use ManeBooth to impersonate, mislead, harass or embarrass anyone, or to create images of a real person without their consent;
• you will not overload, scrape, resell or automate the service, or try to get around look limits.

Our image providers may refuse some photos automatically. We may limit or suspend use that breaks these rules.

6. Subscriptions, trials and payments

Before you subscribe, ManeBooth lets you see one free look, marked with a watermark. Making more looks requires a subscription, sold through Apple In-App Purchase. Reference (US) prices:

• Looks included. Paid plans include 40 looks a week (10 during the free trial), reset on a weekly cycle. A look is one haircut tried on your photo. Failed tries never count. Each look includes 2 free re-tries; after that, another try uses 1 look, and the app says so before you tap.
• Prices vary by region and may include local taxes. The price shown in the App Store before you confirm is the price you pay.
• Payment is charged to your Apple ID account when you confirm the purchase.
• Automatic renewal. Subscriptions renew automatically at the same price and length unless you turn off auto-renew at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the end of the current period.
• Free trial. The weekly plan offers a 3-day free trial for eligible new subscribers. It turns into a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends. Any unused part of a free trial ends when you buy another subscription.
• Managing and cancelling. Open the Settings app on your iPhone, tap your name, then Subscriptions. Cancelling stops the next renewal; you keep access until the end of the period you have paid for.
• Refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com. We cannot issue refunds ourselves.
• Price changes. If we change a subscription's price, Apple will tell existing subscribers in advance and, where required, ask for their agreement.
• Deleting the app does not cancel a subscription.

7. Your content

You keep all rights to the photos you add and to your looks. You give us a limited, worldwide, royalty-free licence to process your photos, through our providers, only to make the looks, strips, views and notes you ask for, as described in the Privacy Policy. This licence ends when the processing is done; we do not use your photos for anything else, including training models.

You may use your own looks for personal purposes, such as showing your stylist or sharing with friends. Shared photobooth strips may carry a small "made with ManeBooth" tag, which you can turn off in Settings.

8. Our intellectual property

ManeBooth, including its design, text, graphics, the style catalog images (which show fictional people, not real models), logos and software, is owned by LilGroup or its licensors and is protected by intellectual property laws. These Terms do not give you any rights to our names, logos or trademarks.

9. Apple terms

If you downloaded ManeBooth from the Apple App Store, the following also applies. These Terms of Use can serve as ManeBooth's End User License Agreement (EULA) for Apple's purposes, and they include the terms Apple requires:

• These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for ManeBooth and its content.
• Apple has no obligation to provide any maintenance or support for ManeBooth.
• If ManeBooth fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for handling any claims relating to ManeBooth or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• If a third party claims that ManeBooth or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about ManeBooth should be sent to us at oscar.lehuu@gmail.com.

10. Disclaimers

To the extent the law allows, ManeBooth is provided "as is" and "as available". We work hard to keep it useful and reliable, but we do not promise that it will always be available or error-free, that every try will succeed, or that a real haircut will match a look.

11. Limitation of liability

To the extent the law allows:

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of data, profits or goodwill;
• we are not liable for the result of a haircut, colour or other treatment you choose to have, except where caused by our negligence or where the law does not allow us to exclude liability;
• our total liability to you for all claims relating to ManeBooth is limited to the amount you paid for ManeBooth in the 12 months before the claim, or US$50, whichever is greater.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.

12. Your consumer rights

These Terms do not affect rights you have as a consumer that cannot be excluded or limited by law.

• EU, EEA and UK: you have legal rights for digital content and services that do not conform to what was agreed, including under the EU Digital Content Directive and the UK Consumer Rights Act 2015. Nothing in these Terms limits those rights. Because purchases are made through Apple, any right of withdrawal or refund is exercised through Apple's own process (see Subscriptions, trials and payments).
• Australia: our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Where the law allows us to limit our liability for a failure to meet a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.
• United States: some states do not allow certain warranty exclusions or liability limits, so some of the limits above may not apply to you.

13. Ending these terms

You can stop using ManeBooth at any time by deleting the app. Remember to cancel any active subscription in your Apple ID settings, because deleting the app does not cancel it.

We may suspend or end your access to ManeBooth if you seriously or repeatedly break these Terms, or if we have to for legal reasons. If we stop offering ManeBooth altogether, we will try to give reasonable notice in the app, and any refund for the unused part of a prepaid subscription is handled through Apple's standard refund process at reportaproblem.apple.com.

Sections that by their nature should continue (such as intellectual property, disclaimers, limitation of liability and governing law) continue after these Terms end.

14. Changes to the app and these terms

We may update ManeBooth and change, add or remove features over time. We may also update these Terms, for example when the app or the law changes. We will update the "Last updated" date and, for important changes, let you know in the app before they take effect. If you keep using ManeBooth after the changes take effect, the new Terms apply. If you do not agree, you can stop using the app and cancel your subscription.

15. Governing law and disputes

These Terms are governed by the laws of South Australia, Australia, without limiting any mandatory consumer-protection law of the country where you live. If you are a consumer, you keep the protection of those mandatory local laws regardless of this clause, and you may bring a claim in the courts of the country where you live.

If you have a problem, please contact us first at oscar.lehuu@gmail.com. Most issues can be solved quickly and informally.

If any part of these Terms is found to be unenforceable, the rest stays in effect. If we do not enforce a right straight away, we do not give it up.

16. Contact us

Nghia Le, trading as LilGroup
7 King Street, Prospect, South Australia 5082, Australia
Phone: +61 414 603 198
Email: oscar.lehuu@gmail.com

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