Terms & Conditions, Privacy Policy, and Disclaimer
Cosmetic Home-Use Device & Companion App
1. Introduction
These Terms & Conditions, Privacy Policy, and Disclaimer (collectively, the “Agreement”) govern your use of the Device and App. By accessing or using the Device or App, you agree to be bound by this Agreement. If you do not agree, you must discontinue use immediately.
The Device is a cosmetic home-use product, not a medical device. The App supports cosmetic and wellness-related use only.
2. Acceptance of Terms
By using the Device or App, you confirm that you:
Have read and understood this Agreement
Are at least 18 years of age
Will use the Device solely for its intended cosmetic purpose
Will comply with all instructions, warnings, and safety information provided
3. Intended Use
The Device and App are intended exclusively for cosmetic and aesthetic purposes. They must not be used:
For diagnosis, treatment, or prevention of any disease
As a substitute for professional medical advice
On broken, irritated, or infected skin
In any manner inconsistent with the Instructions for Use (IFU)
4. User Obligations
You agree to:
Follow all operating instructions and safety warnings
Maintain and clean the Device as directed
Use the Device only on yourself unless otherwise permitted
Ensure all information entered into the App is accurate
Immediately discontinue use if irritation or adverse reactions occur
5. Safety and Contraindications
Before use, you must review all contraindications in the user manual.
Failure to follow safety instructions may result in injury or skin irritation.
6. No Medical Advice (Disclaimer)
The Device and App do not provide medical advice. All information is cosmetic in nature and must not be relied upon for:
Diagnosis
Treatment
Medical decision-making
You should consult a qualified professional for any health-related concerns.
7. Regulatory Status
The Device is regulated as a cosmetic or consumer product, not a medical device. It is not intended to comply with medical-device regulations such as MDR, FDA, or TGA medical frameworks.
8. Intellectual Property
All intellectual property rights in the Device, App, software, branding, and related materials remain the exclusive property of the manufacturer. You receive a limited, non-transferable licence to use the App solely for its intended cosmetic purpose.
9. Software Updates
We may provide updates to improve safety, performance, or functionality. You agree to install updates promptly to ensure continued safe operation.
10. Limitations of Liability
To the fullest extent permitted by law, the manufacturer is not liable for:
Misuse or unauthorised modification of the Device or App
Use outside the intended cosmetic purpose
Adverse reactions resulting from failure to follow instructions
Losses arising from inaccurate data entry
Indirect, incidental, or consequential damages
Nothing in this Agreement excludes liability where prohibited by law.
Privacy Policy
11. Information We Collect
11.1 Personal Information
Name, email address, contact details
Account credentials
User profile information
11.2 Cosmetic & Wellness Data
Collected solely for cosmetic purposes, such as:
Skin type and cosmetic concerns
Photos uploaded for cosmetic tracking
Device usage patterns
This information is not used for medical purposes.
11.3 Technical Data
IP address
Device identifiers
Cookies and analytics data
App interaction logs
12. How We Use Your Information
We use your information to:
Provide and support the Device and App
Personalise cosmetic recommendations
Improve product performance and safety
Communicate updates and support information
Comply with legal obligations
We do not use your information to provide medical advice.
13. Legal Basis for Processing
Where required by law, processing is based on:
Consent
Performance of a contract
Legitimate interests
Legal obligations
14. Sharing Your Information
We may share information with:
Service providers supporting the App or Device
Cloud hosting and analytics partners
Regulatory authorities where required
Professional advisers
We do not sell personal information.
15. International Transfers
Your information may be transferred to jurisdictions with different data protection laws. Where required, safeguards such as Standard Contractual Clauses are applied.
16. Data Security
We implement technical and organisational measures including:
Encryption
Access controls
Secure storage
Regular security testing
17. Data Retention
We retain information only as long as necessary to:
Provide the Device and App
Meet legal obligations
Resolve disputes
After this period, data is deleted or anonymised.
18. Your Rights
Depending on your jurisdiction, you may have rights to:
Access your data
Request correction or deletion
Withdraw consent
Object to processing
Request data portability
Requests may be submitted through User Support.
19. Children’s Privacy
The Device and App are not intended for individuals under 18 years of age. We do not knowingly collect information from minors.
20. Third-Party Services
We are not responsible for the privacy practices of third-party websites or services linked through the App.
21. Changes to This Agreement
We may update this Agreement from time to time. Material changes will be communicated through the App or our website.
22. Contact Information
For privacy or compliance inquiries, contact: Dermapenworld 13b Narabang Way Belrose NSW 2085 Australia Email: info@dermapenworld.com
