Terms and Conditions

Interpretation and Definitions

Interpretation

Capitalized terms used in these Terms have the meanings set forth below, whether used in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Service defined below or parts of our Service.
• Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Distributed Industries Ltd., which owns and operates the PerfectMakeApp mobile application (the "App").
• Content refers to data such as questionnaire responses, color codes, account information, or other information that You provide through the App, regardless of the form of that content. For clarity, selfies and photos captured by the App are processed entirely on Your device and are not uploaded, stored, or transmitted to our servers — they do not form part of Content as defined here.
• Country refers to: US.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
• Products refer to the makeup analysis services and features available through in-app purchase within the Service.
• Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
• Service refers to the App (the PerfectMakeApp mobile application).
• Terms and Conditions (also referred to as "Terms" or "Terms of Use") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• App refers to PerfectMakeApp, accessible from https://apps.apple.com/us/app/perfectmakeapp/id6745481599
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

The Service is intended for users who are at least 18 years old. If you are a parent or guardian and you authorize a minor (aged 13–17) to use the Service, you accept these Terms on their behalf and assume full responsibility for their use. Users under the age of 13 are prohibited from using the Service; we do not knowingly collect personal information from children under 13.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting a Purchase.

We will notify you of any price changes via in-app notice or email; price changes will not apply to orders already accepted.

Payments

All purchases within the App are made through Apple's in-app purchase system. Apple processes all payment transactions — we never receive, process, or store your payment card details.

Your purchase is subject to Apple's applicable terms and conditions, including Apple's Licensed Application End User License Agreement and the App Store terms of service. Any billing disputes, refund requests, or payment inquiries should be directed to Apple through your Apple ID account settings or Apple Support.

By making a purchase, You agree that the transaction is governed by Apple's payment processing terms in addition to these Terms.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Please notify us immediately via hi@perfectmakeapp.com if you suspect any unauthorized use.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Content

Content Backups

Although regular backups of Content are performed, the Company does not guarantee no data loss; liability for backup failures is limited as set forth in the Limitation of Liability section.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

You retain all rights in the data and information You provide through the App (your Content), including questionnaire responses and account information.

By providing your Content, you grant PerfectMakeApp a worldwide, non-exclusive, royalty-free license to use, process, store, and display your Content solely to provide and improve the Service. This license applies only to data that reaches our servers — specifically, questionnaire responses, extracted color codes, and account information.

Your selfies and photos are processed entirely on your device and are never uploaded to our servers. Because selfies never leave your device, they are not covered by this license and remain entirely under your control. For full details, see the "How Your Selfie Is Handled" section of our Privacy Policy.

All other intellectual property rights in the Service itself, including its design, features, and underlying code, remain the exclusive property of PerfectMakeApp. If you believe that any aspect of our Service infringes your intellectual property rights, please send a written notice describing the alleged infringement to hi@perfectmakeapp.com, and we will promptly investigate and address your concern.

Submission Rules

The Service may allow you to provide data through the App, including questionnaire responses, account information, and other inputs ("Submissions"). By providing Submissions you represent and warrant that your Submissions do not violate these Terms or any law. You agree not to provide any Submissions that:

• Are unlawful, infringing, defamatory, obscene, threatening, harassing, hateful, or promote violence.
• Violate privacy or publicity rights, or disclose personal data without consent.
• Contain viruses, malware, or other harmful code.
• Are spam, chain letters, pyramid schemes, or unsolicited promotions.
• Impose an unreasonable load on our infrastructure.

You represent and warrant that you have all necessary rights to your Submissions and that they do not infringe any third-party rights or violate any laws. We reserve the right to remove or disable access to any Submission for any reason, including to comply with law or these Terms, and to investigate any suspected violation.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, revocable license to access and use the Service.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. You access them at your own risk. If you share PerfectMakeApp content (such as your recommendations) on social media or other platforms, those shares are subject to the terms and privacy policies of those platforms. Once you leave our Service to visit an external site, our Terms no longer apply.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless Distributed Industries Ltd., its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your Content or any Submission you make; (c) your violation of these Terms; or (d) your violation of any third-party right, including intellectual property, privacy, or publicity rights.

"As Is" and "As Available" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Notwithstanding the foregoing, the Company warrants that the Service will operate on all supported devices as specified in the App Store listing.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law rules.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be finally resolved by confidential arbitration administered by the London Court of International Arbitration (LCIA) under its Rules. The seat of arbitration shall be London, England, and the language of the arbitration shall be English. You may opt out of this arbitration agreement by emailing hi@perfectmakeapp.com within 30 days of first using the Service; otherwise, judgment on the award may be entered in any court having jurisdiction.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Modification; Suspension; Termination

We may suspend or terminate your access to the Service for any reason, including breach of these Terms or unlawful conduct. Upon termination, all licenses and rights granted to you will immediately cease and you must stop using the Service. Provisions that by their nature should survive termination — including Intellectual Property, Content, Limitation of Liability, Indemnification, and Miscellaneous — will continue in full force.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the App and the Service.

Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Distributed Industries Ltd. regarding the Service and supersede any prior agreements.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations.

No Waiver. Our failure to enforce any right or provision will not constitute a waiver of such right or provision.

Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force.

Relationship. No joint venture, partnership, employment, or agency relationship is created by these Terms.

Rights Reserved. Any rights not expressly granted are reserved by us.

English Language. These Terms are written in English, which governs in the event of any translation discrepancies.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at hi@perfectmakeapp.com.