ESTER

Terms

Effective date: September 8, 2026

These Terms of Service (“Terms”) govern your access to and use of the Ester iOS app, websites, software, content, features, and related consumer skin-wellness services offered by Dermis Health Inc (“Ester,” “we,” “us,” or “our”) (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Services, creating an account, or otherwise accepting these Terms, you agree to be bound by them. If you do not agree, do not use the Services.

1. Eligibility

You can use the Services only if you are at least 18 years old, have reached the age of majority where you live, can form a binding contract with Ester, and are not prohibited from using the Services under applicable law.

The Services are not offered to children or to anyone who does not meet these requirements.

2. The Services

Ester is a consumer skin-wellness product. The Services include features such as face scans, skin measurements and trends, product-shelf and skincare-routine tools, Ask Ester, reminders, educational content, and related personal-care experiences.

We can add, remove, suspend, limit, or modify features. We will provide notice when required by law if a material change affects your rights or a paid Service.

3. Not medical advice

The Services and all measurements, observations, summaries, recommendations, and other results (“Results”) are for cosmetic, informational, personal-care, wellness, and educational purposes only. They are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Ester is not a healthcare provider, and the Services are not a substitute for professional medical advice, diagnosis, or treatment.

Do not disregard, delay, or avoid seeking medical advice from a qualified healthcare professional because of information provided through the Services. Consult a qualified professional about any skin condition, mole, lesion, rash, irritation, infection, allergic reaction, medication, cosmetic procedure, or other health concern. If you think you have a medical emergency, call emergency services immediately.

4. Skin analysis, computer vision, and AI

The Services use photography, computer vision, image processing, automated analysis, and artificial intelligence to produce Results and power Ask Ester.

You understand that:

  • Results are estimates and can be incomplete, inaccurate, inconsistent, or delayed.
  • Lighting, shadows, camera quality, positioning, distance, movement, cosmetics, facial hair, skin tone, device performance, connectivity, and the information you provide can affect Results.
  • The Services might not detect every visible characteristic, skin issue, risk, or change.
  • Similar scans can produce different Results, and Results can change as the Services’ methods are improved.
  • AI-generated responses can contain errors or omit important information.
  • Results are not medical conclusions, and you are responsible for deciding whether and how to use them.

Ester does not guarantee that the Services will detect, assess, classify, or predict any particular condition or outcome.

5. Accounts and security

You must provide accurate, current, and complete account information and keep it updated. You are responsible for maintaining the security of your account and for activity that occurs through it. Notify us promptly at hello@ester.health if you believe your account has been compromised.

We can suspend or terminate an account if we reasonably believe its use violates these Terms, creates risk for Ester or others, or is unlawful, unsafe, fraudulent, or abusive.

6. Privacy and consent

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information.

The Services process information including account email, Apple or Google sign-in information, preferred name, date of birth, biological sex, face-scan photographs, derived skin measurements and Results, Ask Ester messages, product-shelf data, routine data, product analytics, and crash and performance diagnostics.

Before face scans or Ask Ester messages are sent to the providers that process them, the app asks for your explicit consent. You can withdraw consent in Settings, which blocks future transfers that rely on that consent. Account deletion is also available in Settings and is governed by the retention and deletion rules in the Privacy Policy.

You are responsible for making sure you have the right to provide any information or image you submit.

7. User Content

You can submit, upload, capture, or transmit content through the Services, including photographs, text, chat messages, product and routine information, feedback, responses, and other materials (“User Content”).

You retain ownership of your User Content. You grant Ester a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, analyze, transmit, display, and use your User Content as reasonably necessary to provide, maintain, secure, improve, and develop the Services and as otherwise described in our Privacy Policy or authorized by you. This license ends when the User Content is deleted from our systems, except to the extent continued retention is required by law or the information has been de-identified or aggregated so it can no longer reasonably be linked to you.

You represent and warrant that:

  • You have all rights needed to submit your User Content and grant this license.
  • Your User Content does not violate applicable law or anyone else’s rights.
  • You will not upload an image of or information about another person unless you have all required rights and permission.

8. Feedback

If you provide suggestions, comments, ideas, bug reports, product requests, or other feedback (“Feedback”), you grant Ester a worldwide, perpetual, irrevocable, royalty-free right to use that Feedback without restriction or compensation to you, including to improve, develop, market, or commercialize products and services.

9. Purchases, subscriptions, and billing

Some Services can require payment. Prices, subscription periods, renewal terms, and applicable taxes or fees will be disclosed before purchase. By making a purchase, you authorize Ester or its payment processor to charge the payment method you provide.

Subscriptions automatically renew only when disclosed at purchase and continue until canceled. You can manage or cancel an App Store subscription through your Apple account settings. Cancellation takes effect at the end of the current billing period unless applicable law or the purchase terms state otherwise.

Refunds for purchases made through the Apple App Store are handled under Apple’s applicable policies. Other refunds, returns, warranties, or purchase terms are governed by the terms shown at purchase and applicable law.

10. Acceptable use

You agree not to:

  • Use the Services for an unlawful, harmful, fraudulent, deceptive, abusive, or unauthorized purpose.
  • Use the Services for medical diagnosis, emergency response, clinical decision-making, or another regulated healthcare purpose.
  • Submit content that is illegal, infringing, invasive of privacy, harassing, hateful, sexually explicit, exploitative, or otherwise harmful.
  • Photograph or upload information about another person without all required rights and permission.
  • Reverse engineer, decompile, scrape, crawl, copy, or extract the Services except as permitted by law.
  • Interfere with, disrupt, overload, or compromise the security or operation of the Services.
  • Bypass access controls, rate limits, security features, or usage restrictions.
  • Use the Services or their outputs to develop or train a competing product or service.
  • Misrepresent your identity or affiliation.
  • Share account credentials or allow unauthorized account access.
  • Use automated systems to access the Services without our written permission.
  • Violate applicable law or another person’s rights.

11. Software and updates

Subject to your compliance with these Terms, Ester grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the app solely to access the Services for your personal, non-commercial use.

The Services can receive updates, patches, bug fixes, or modifications. Some updates can be required for continued use, subject to applicable law and your device settings. Except for the limited license above, Ester and its licensors reserve all rights in the Services.

12. Third-party services and products

The Services can include links, integrations, recommendations, references, or access to third-party websites, products, retailers, platforms, content, or services. Ester does not control third-party offerings and is not responsible for them. Your use of a third-party offering is governed by that third party’s terms and privacy policy.

A product recommendation, routine suggestion, or link does not constitute medical advice, an endorsement, or a guarantee that a product will be safe, effective, or appropriate for you. Review product labels and instructions and consult a qualified professional when appropriate.

13. Intellectual property

The Services, including their software, designs, interfaces, text, graphics, models, algorithms, data compilations, trademarks, logos, and other materials, are owned by Ester or our licensors and are protected by intellectual-property laws.

Except for the rights expressly granted in these Terms, no rights are granted to you. You cannot copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, or create derivative works from the Services without our written permission, except as allowed by law.

14. Copyright complaints

If you believe material in the Services infringes your copyright, email hello@ester.health with enough information for us to investigate, including identification of the copyrighted work and allegedly infringing material, your contact information, and a statement that you have a good-faith belief the use is unauthorized.

15. Suspension and termination

You can stop using the Services at any time and can delete your account in Settings. We can suspend or terminate your access, with or without notice, if we reasonably believe you violated these Terms, created risk or legal exposure, or used the Services in a harmful, fraudulent, unlawful, or unauthorized way.

When your access ends, the license granted to you under these Terms ends. Sections that by their nature should survive will survive, including sections concerning User Content, Feedback, intellectual property, disclaimers, limitation of liability, indemnification, disputes, and general terms. Personal information is handled under the Privacy Policy.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RESULTS, CONTENT, SOFTWARE, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

ESTER DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND QUIET ENJOYMENT.

ESTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL COMPONENTS, OR THAT RESULTS WILL BE RELIABLE, MEDICALLY MEANINGFUL, OR APPROPRIATE FOR YOUR CIRCUMSTANCES.

Some jurisdictions do not allow certain disclaimers, so some of these disclaimers might not apply to you.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY LEGAL THEORY, EVEN IF ESTER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTER’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ESTER FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) $100.

Nothing in these Terms limits liability that cannot be limited under applicable law.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Ester and its officers, directors, employees, contractors, agents, affiliates, suppliers, licensors, and partners from claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Your use or misuse of the Services.
  • Your User Content.
  • Your violation of these Terms.
  • Your violation of applicable law or another person’s rights.
  • Your fraud, negligence, or willful misconduct.

We can assume exclusive control of a matter subject to indemnification, and you agree to cooperate with our defense.

19. Informal dispute resolution and arbitration

Please read this section carefully. It affects your legal rights.

Before starting arbitration or filing a claim, the party raising a dispute must send written notice describing the dispute and requested relief. Notices to Ester must be sent to hello@ester.health or the mailing address below. The parties will try in good faith to resolve the dispute for 30 days after notice is received.

If the dispute is not resolved, you and Ester agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration, not in court, except that either party can bring an individual claim in small claims court or seek injunctive or equitable relief for unauthorized use of intellectual property.

The arbitration will be administered by JAMS under its Consumer Arbitration Minimum Standards and applicable consumer arbitration rules. The arbitration will take place on an individual basis, and its legal seat will be Los Angeles County, California. The arbitrator can conduct proceedings remotely when allowed by the applicable rules or agreed by the parties. California law governs this arbitration agreement to the extent it is not preempted by the Federal Arbitration Act.

You and Ester waive the right to a jury trial and to participate in a class action, class arbitration, private attorney general action, or other representative proceeding.

You can opt out of this arbitration agreement by sending written notice to hello@ester.health within 30 days after first accepting these Terms. Include your name, account email, and a clear statement that you want to opt out of arbitration.

20. Governing law and courts

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent preempted by federal law.

For a dispute that is not subject to arbitration, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.

21. Changes to these Terms

We can update these Terms. If a material change affects your rights, we will provide notice as required by law, such as through the app, by email, or on our website. The effective date at the top identifies the current version.

If you continue using the Services after updated Terms take effect, you accept the updated Terms. If you do not agree, you must stop using the Services.

22. Apple App Store terms

If you downloaded the Ester app from the Apple App Store, the following terms also apply:

  • These Terms are between you and Ester, not Apple. Ester, not Apple, is responsible for the app and its content.
  • Apple has no obligation to provide maintenance or support for the app.
  • If the app fails to conform to an applicable warranty, you can notify Apple, and Apple can refund the purchase price, if any, as required by its policies and applicable law. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
  • Ester, not Apple, is responsible for addressing claims relating to the app, including product-liability claims, claims that the app fails to comply with legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar law.
  • If a third party claims the app or your use of it infringes intellectual-property rights, Ester, not Apple, is responsible for investigating, defending, settling, and resolving that claim as required by these Terms and applicable law.
  • You represent that you are not located in a country or region subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. government restricted-party list.
  • You must comply with applicable third-party terms when using the app.
  • Apple and its subsidiaries are third-party beneficiaries of this section and can enforce it against you after you accept these Terms.

23. Export and sanctions compliance

You cannot use, export, re-export, import, or transfer the Services except as authorized by U.S. law and the laws of the jurisdiction where you use them. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions and are not on a U.S. government restricted-party list.

24. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms presented for a specific feature or purchase, are the entire agreement between you and Ester concerning the Services.

If a provision is found unenforceable, it will be modified only to the extent necessary to make it enforceable, and the remaining provisions will stay in effect. Ester’s failure to enforce a provision is not a waiver of the right to do so later.

You cannot assign or transfer these Terms without our written consent. Ester can assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

Except for Apple and its subsidiaries as stated in Section 22, these Terms do not create third-party beneficiary rights.

25. Contact

Questions or legal notices can be sent to:

Dermis Health Inc
1232 El Vago Street
La Cañada, CA 91011
United States

Email: hello@ester.health