GLOUP is a cosmetic and educational application: it analyses face photos and ingredient lists to help you make better use of the products you already own. It is not a medical device, it does not make diagnoses and it is no substitute for a dermatologist. The application is free; GLOUP Premium is an optional, automatically renewing subscription that can be purchased through the App Store. The minimum age is 14 (16 where the law of your country so requires).
1Subject matter and acceptance#
These terms of service (the “Terms”) govern access to and use of the GLOUP mobile application (the “Application”) and the services connected with it, and constitute the end-user licence agreement for the Application.
By downloading, installing or using the Application, the user declares that they have read the Terms and accept them in full. If the user does not accept the Terms, in whole or in part, they must refrain from using the Application and uninstall it.
2Provider#
The Application is provided by Riccardo Sasso, a natural person, who develops and operates it under the name GLOUP (the “Provider”), and who may be contacted at ciao@gloup.beauty. The Provider’s further identification details will be supplied to any user who requests them in writing at the same address.
3Description of the service#
The Application processes face photos taken by the user and the ingredient lists of cosmetic products specified by the user, in order to provide information of a cosmetic and educational nature, and in particular:
- a descriptive index of the appearance of the skin and of its observable parameters;
- the order in which, and the quantities in which, the products owned by the user should be used;
- the position of ingredients in INCI lists and the concentration limits laid down by Regulation (EC) No 1223/2009 on cosmetic products;
- warnings about combinations of products that are not recommended in the same application.
4Exclusion of medical purposes#
The Application is not a medical device within the meaning of Regulation (EU) 2017/745 and is not intended for any of the medical purposes set out therein.
In particular, the Application does not make diagnoses, does not prescribe treatments, does not provide medical advice, is no substitute for an examination by a dermatologist or other healthcare professional and does not guarantee any result on the user’s skin.
Warning. Where a skin change is persistent, worsening or otherwise a cause for concern, and in any event where a mole changes in shape, colour or size, the user must consult a doctor. The information provided by the Application may under no circumstances be relied upon as the basis for any health-related decision.
5Nature of the skin index#
The index calculated by the Application describes observable optical properties of the skin surface, including the proportion of light reflected specularly, the colour deviation from the subject’s base colour, the evenness of the surface, and the number and extent of marks redder than the surrounding tone. It is a description of the appearance of a surface, not an assessment of the user’s state of health.
The 0 to 100 scale is defined by the Provider, as no consumer reference standard exists for these quantities; for each parameter the Application states what it observes and in which unit. The index is not an aesthetic assessment: it does not take into account the subject’s features, symmetry, age or overall appearance, and serves to compare the user with themselves over time, not to certify anything. Where the data captured do not permit a reliable reading, the Application expressly says so instead of returning a value.
6Eligibility#
Use of the Application is restricted to persons who have reached the age of 14, the threshold set by Italy under Article 8 of Regulation (EU) 2016/679 and Legislative Decree (D.Lgs.) 101/2018; in States that set a higher threshold, up to the age of 16, that higher threshold applies. A user who has not reached that age is not permitted to use the Application without the consent of the holder of parental responsibility; the Provider will delete the relevant data as soon as it becomes aware of them.
7Licence#
The Provider grants the user a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Application on devices that the user owns or controls, solely for personal and non-commercial purposes, within the limits laid down by the Terms and by the App Store terms of use.
8GLOUP Premium#
The essential features of the Application may be downloaded and used free of charge. GLOUP Premium is an optional, automatically renewing subscription that unlocks the compatibility score of each product with the user’s skin, the display of all eight areas of the face and the sorting of the catalogue according to the user’s profile.
- Term and price. Monthly subscription at €4.99 a month; annual subscription at €29.99 a year. The first time the user closes the purchase screen, a one-time welcome offer on the annual subscription may be shown (€19.99 for the first year, then €29.99 a year): it is an introductory offer managed by Apple, available only to users who have never subscribed, and the renewal price is shown before confirmation. Prices include VAT and may vary depending on the user’s country of residence and the price tier applied by Apple; the binding price is the one displayed in the Application when the purchase is confirmed.
- Charging. The price is charged to the user’s Apple account when the purchase is confirmed.
- Renewal. The subscription renews automatically for a period of the same length at the same price, unless cancelled at least 24 hours before the end of the current period. The renewal charge is made within the 24 hours preceding the end of the period.
- Cancellation. The user may cancel the subscription at any time in their App Store account settings: on iPhone, Settings › your name › Subscriptions › GLOUP Premium › Cancel Subscription, or from the App Store (profile photo at the top › Subscriptions), or from GLOUP (Profile › GLOUP Premium › Manage subscription, visible to subscribers). Cancellation does not require any notice to the Provider. Following cancellation, the user retains access to the Premium features until the end of the period already paid for.
- Price changes. Any change in price is notified to the user within the Application before it takes effect. Features available free of charge on the date of installation will not become chargeable for users who have already installed the Application.
- Offer codes. The Provider may grant free access to GLOUP Premium for a fixed period by means of offer codes issued through the App Store and redeemable exclusively there. At the end of that period the user reverts to the free version without any charge, unless they choose to subscribe.
9Purchases through the App Store#
In-app purchases are made through the App Store. Apple acts as the seller to the user; the relevant contract of sale is therefore between the user and Apple and remains subject to the terms and conditions drawn up by Apple.
A user who is a consumer has the right of withdrawal within fourteen days under Articles 52 et seq. of Legislative Decree (D.Lgs.) 206/2005 (Italian Consumer Code). Refund requests are handled by Apple in accordance with its own procedures.
10User data#
The processing of the user’s personal data is governed by the privacy notice (www.gloup.beauty/privacy), which forms an integral part of the Terms. Face photos, calculated scores and the data entered by the user are processed and stored solely on the user’s device.
11Information on products and ingredients#
Information on cosmetic products and their ingredients is drawn from manufacturers’ labels, public databases and the available scientific literature. The Provider exercises the diligence that may reasonably be expected in verifying such information, but cannot guarantee that it is complete or updated in real time.
A product’s formulation may be changed by the manufacturer without notice. In the event of any discrepancy, the label on the packaging prevails. The user must check the label before use, with particular regard to any known allergies.
12User obligations#
The user undertakes not to:
- use the Application for unlawful purposes or in breach of the rights of third parties;
- take photos of persons other than themselves without the consent of the persons concerned;
- decompile, disassemble or reverse engineer the Application, except to the extent permitted by mandatory law;
- systematically extract or re-use the product catalogue or the databases of the Application;
- interfere with the operation of the Application or access it by automated means.
13Intellectual property#
The Application, the GLOUP trade mark, the source code, the interfaces, the texts, the graphic elements, the databases and the calculation models are owned by the Provider or its licensors and are protected by copyright and industrial property law. The Terms do not transfer to the user any right other than the licence referred to in Article 7.
The trade marks of the manufacturers of cosmetic products belong to their respective owners and are used solely to identify the products.
14Warranties and limitation of liability#
The Provider delivers the service with professional diligence, without warranting that the Application will be free from errors or available without interruption.
To the extent permitted by law, the Provider shall not be liable for any loss or damage arising from decisions taken by the user on the basis of the information provided by the Application, from the use of cosmetic products, from skin reactions of any kind, or from the inaccuracy of information originating from third-party sources.
Nothing in the Terms excludes or limits the Provider’s liability for wilful misconduct or gross negligence or for personal injury, or affects the mandatory rights conferred on consumers.
15Suspension and termination#
The user may stop using the Application at any time by uninstalling it. The Provider may suspend or discontinue the service in the event of a breach of the Terms, or for supervening technical, organisational or regulatory reasons, giving the user prior notice where reasonably practicable. Termination does not affect subscriptions already paid for, to which Apple’s refund procedures apply.
16Changes to the Terms#
The Provider may amend the Terms for technical or organisational reasons or to comply with changes in the law. Material changes are notified to the user within the Application, before they take effect. Continued use after the changes have taken effect constitutes acceptance of them; otherwise, the user may stop using the Application in accordance with Article 15. The effective date and version number are always shown at the top of this document.
17Governing law and jurisdiction#
The Terms are governed by Italian law. For a user who is a consumer, the mandatory provisions of the law of the Member State of habitual residence continue to apply, and jurisdiction lies with the courts of the consumer’s place of residence or elected domicile. For a user who is not a consumer, the courts of Milan have exclusive jurisdiction.
A consumer user may also refer disputes to the competent alternative dispute resolution bodies under Articles 141 et seq. of the Consumer Code.
18Contact#
For any communication concerning the Terms: ciao@gloup.beauty. For requests concerning the protection of personal data: privacy@gloup.beauty.