ESTER

Terms

Last updated: July 15, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, devices, software, content, features, and related 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, purchasing or using an Ester device, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You may use the Services only if you can form a binding contract with Ester and are not prohibited from using the Services under applicable law.

The Services are intended for users who are at least 18 years old, or the age of majority in their jurisdiction. If we later make any portion of the Services available to minors, additional parental consent and child-privacy terms may apply.

2. The Services

Ester is developing consumer skin-analysis experiences that may include a connected mirror, mobile application, imaging workflows, skin-related insights, product recommendations, progress tracking, reminders, educational content, and other wellness or personal-care features.

The Services may change over time. We may add, remove, suspend, limit, or modify features at any time, including during beta, pilot, early-access, or preliminary launch periods.

3. Not Medical Advice

The Services are provided for informational, wellness, personal-care, and educational purposes only. They are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and they are not a substitute for professional medical advice, diagnosis, or treatment.

You should not disregard, delay, or avoid seeking medical advice from a qualified healthcare professional because of information provided through the Services. If you have concerns about a skin condition, mole, lesion, rash, irritation, infection, allergic reaction, medication, cosmetic procedure, or any other health issue, consult a qualified medical professional.

If you think you may have a medical emergency, call emergency services immediately.

4. Skin Analysis, AI, and Results

The Services may use computer vision, machine learning, artificial intelligence, image processing, sensors, questionnaires, or other technologies to generate skin-related observations, scores, trends, recommendations, or other outputs (“Results”).

You understand and agree that:

  • Results may be incomplete, inaccurate, delayed, or affected by lighting, camera quality, positioning, device calibration, skin tone, cosmetics, facial hair, environment, connectivity, user input, and other factors.
  • Results are estimates and should not be treated as medical conclusions.
  • Results may change as our models, product, data, or methodology evolve.
  • The Services may not identify all skin issues, risks, or changes.
  • You are responsible for deciding whether and how to use any Results.

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

5. Accounts and Security

You may need to create an account to use certain features. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must promptly notify us at hello@ester.health if you believe your account has been compromised.

We may suspend or terminate your account if we believe you have violated these Terms, created risk for Ester or others, or used the Services in a way that is unlawful, unsafe, or abusive.

6. Privacy

Your privacy is important to us. Our collection, use, disclosure, retention, and protection of personal information is described in our Privacy Policy. By using the Services, you acknowledge that we may process information as described in that policy.

Depending on the features you use, the Services may process images, videos, device information, skin-related information, questionnaire responses, purchase information, support communications, and other data. You are responsible for ensuring that you have the right to provide any information or images you submit through the Services.

7. User Content

You may submit, upload, capture, or transmit content through the Services, including images, videos, text, feedback, responses, and other materials (“User Content”).

You retain ownership of your User Content. However, 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.

You represent and warrant that:

  • You have all rights necessary to submit your User Content.
  • Your User Content does not violate applicable law or the rights of any third party.
  • You will not upload images or information about another person unless you have all required rights and permissions.

8. Feedback

If you provide suggestions, comments, ideas, bug reports, product requests, or other feedback (“Feedback”), you grant Ester the right to use that Feedback without restriction or compensation to you. Ester may use Feedback to improve, develop, market, or commercialize products and services.

9. Purchases, Subscriptions, and Billing

Certain Services may be offered for a fee, including devices, accessories, subscriptions, memberships, premium features, replacement parts, or other products.

If you make a purchase, you agree to provide accurate payment information and authorize Ester or our payment processor to charge all amounts due, including taxes, shipping, and other applicable fees.

If we offer subscriptions:

  • Subscription fees will be disclosed before purchase.
  • Subscriptions may automatically renew unless canceled before the renewal date.
  • Cancellation will take effect at the end of the then-current billing period unless otherwise stated.
  • We may change subscription pricing or features with notice as required by law.

Refunds, returns, warranties, and shipping terms may be governed by additional policies presented at purchase.

10. Beta, Pilot, and Early-Access Features

Some Services may be released as beta, pilot, preview, waitlist, research, prototype, or early-access features. These features may be unstable, incomplete, unavailable, or changed without notice.

Beta and early-access features are provided “as is” and are intended for evaluation and feedback. We may discontinue them at any time and may not make them generally available.

11. Acceptable Use

You agree not to:

  • Use the Services for any unlawful, harmful, fraudulent, deceptive, abusive, or unauthorized purpose.
  • Use the Services for medical diagnosis, emergency response, clinical decision-making, or any regulated healthcare purpose unless expressly authorized by Ester in writing.
  • Upload content that is illegal, infringing, invasive of privacy, harassing, hateful, sexually explicit, exploitative, or otherwise objectionable.
  • Attempt to 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, disable, or circumvent any access controls, rate limits, security features, or usage restrictions.
  • Use the Services to develop competing products or services.
  • Misrepresent your identity or affiliation.
  • Share your account credentials or allow unauthorized access.
  • Use automated systems to access the Services without our prior written permission.
  • Violate any applicable law, regulation, or third-party right.

12. Device Use and Safety

If you use an Ester device or hardware product, you agree to follow all instructions, warnings, specifications, and documentation we provide.

You are responsible for using the device safely and appropriately. Do not use the device in a way that could cause injury, property damage, electrical risk, privacy violations, or interference with other equipment. Do not modify, tamper with, repair, or misuse any device except as expressly authorized by Ester.

The device and related Services may require internet access, compatible mobile devices, software updates, sufficient lighting, proper placement, and other conditions to function correctly.

13. Software and Updates

The Services may include software, firmware, mobile applications, and related technology. Subject to your compliance with these Terms, Ester grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the software solely in connection with the Services.

We may provide updates, patches, bug fixes, or modifications. Some updates may be required for continued use of the Services. You agree that we may automatically install or require updates, subject to applicable law and device settings.

14. Third-Party Services and Products

The Services may contain links, integrations, recommendations, references, or access to third-party websites, products, services, providers, retailers, apps, platforms, or content.

Ester does not control and is not responsible for third-party services or products. Your use of third-party services may be governed by separate terms and privacy policies. Product recommendations or links do not constitute medical advice, endorsement, or a guarantee that a product will be safe, effective, or appropriate for you.

15. Intellectual Property

The Services, including software, designs, interfaces, text, graphics, images, 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 limited rights expressly granted in these Terms, no rights are granted to you. You may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, or create derivative works from the Services without our prior written permission.

16. Copyright Complaints

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

17. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, if we believe you have violated these Terms, created risk or legal exposure, or used the Services in a harmful or unauthorized way.

Upon termination, your right to use the Services will end immediately. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and general terms.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RESULTS, CONTENT, DEVICES, 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 ANY RESULTS WILL BE RELIABLE, MEDICALLY MEANINGFUL, OR APPROPRIATE FOR YOUR PARTICULAR CIRCUMSTANCES.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

19. 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 ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 SERVICES GIVING RISE TO THE CLAIM IN 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.

20. Indemnification

You agree to defend, indemnify, and hold harmless Ester and its officers, directors, employees, contractors, agents, affiliates, suppliers, licensors, and partners from and against any 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 third-party rights.
  • Your negligence, fraud, or willful misconduct.

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

21. Dispute Resolution; Arbitration

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

You and Ester agree to first try to resolve any dispute informally. Before filing a claim, the party seeking to bring a dispute must send written notice describing the dispute and the relief sought. Notices to Ester should be sent to hello@ester.health. The parties will attempt in good faith to resolve the dispute for 30 days after notice is received.

If the dispute is not resolved informally, 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, rather than in court, except that either party may bring an individual claim in small claims court or seek injunctive or equitable relief for unauthorized use of intellectual property.

The arbitration will be conducted on an individual basis. 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.

The arbitration will be administered by a recognized arbitration provider under its applicable consumer arbitration rules. The seat and governing law should be finalized with counsel before publication.

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

22. Governing Law

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

Subject to the arbitration section above, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and you consent to personal jurisdiction in those courts.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by posting the updated Terms, updating the “Last updated” date, sending an email, or providing in-product notice.

Your continued use of the Services after the updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

24. App Store Terms

If you download an Ester mobile application from the Apple App Store, Google Play, or another app marketplace, your use of the app may also be subject to that marketplace’s terms. The marketplace provider is not responsible for the Services, support, maintenance, claims, or liabilities related to the Services except as required by applicable law.

25. Export and Sanctions Compliance

You may not 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 the Services. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions and are not on any U.S. government restricted-party list.

26. Miscellaneous

These Terms, together with any policies or additional terms referenced in them, are the entire agreement between you and Ester regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Ester’s failure to enforce a provision is not a waiver of its right to do so later.

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

There are no third-party beneficiaries to these Terms unless expressly stated.

27. Contact

If you have questions about these Terms, contact us at:

Dermis Health Inc

Email: hello@ester.health