Terms of Use

1. Introduction

These Terms of Use (“Terms”) constitute the entire agreement that governs your access to and use of the mobile application, website, content, assessments, community features, and related services provided by Qutessy, Co. (“Qutessy,” “we,” “us,” “our”). The Services include the Qutessy mobile application, website(s), social media channels, affiliate features, and any connected tools (collectively, the “Services”).

By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Services.

2. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to accept these Terms. The Services are intended for use by individuals located in the United States. When you create an account, you agree to provide accurate, up-to-date information, keep your login credentials confidential, and accept responsibility for all activity under your account. We may suspend or terminate your account at any time if we believe you have violated these Terms or engaged in harmful or fraudulent activity.

You acknowledge that you have no ownership or property interest in any account, data, content, or access provided through the Services, and that all such rights are subject to these Terms.

Qutessy may suspend or terminate your access to the Services at any time, with or without notice, and without liability, for any reason or no reason.

3. License to Use the Services

Subject to your compliance with these Terms, Qutessy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You agree not to reproduce, modify, distribute, reverse engineer, or otherwise exploit the Services beyond what these Terms allow. We reserve all rights we do not grant you.

Qutessy reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without notice and without liability.

4. User Content and Conduct

By submitting content through the Services, you grant Qutessy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, display, and distribute such content solely for the purpose of operating, improving, and providing the Services.

You are solely responsible for any content, information, images, or materials you submit or upload through the Services. Qutessy does not review, endorse, or verify user content and assumes no responsibility or liability for such content.

Qutessy has no obligation to monitor, review, screen, or pre-approve any user content or user activity and expressly disclaims any duty to do so.

5. Recommendations

The Services may provide hair and scalp recommendations based on the information you enter (your profile, uploaded photos, usage patterns). These recommendations are provided for general informational and educational purposes only, are not medical advice, do not constitute diagnosis or treatment, do not establish a provider-patient relationship, and must not be relied upon as a substitute for professional medical or dermatological evaluation, diagnosis, or treatment.

The Services are not regulated medical devices, diagnostic tools, or treatment services, and Qutessy makes no claims regarding clinical accuracy or medical efficacy.

Qutessy expressly disclaims any liability for personal injury, allergic reactions, adverse outcomes, or health-related damages arising from use of the Services or reliance on any recommendations.

You acknowledge that you use the Services and any recommendations at your own discretion and risk, and that Qutessy is not responsible for any outcomes, reactions, or decisions resulting from such use.

6. Affiliate Relationships

The Services may contain affiliate links to third-party merchants. If you click an affiliate link and make a purchase, Qutessy may earn a commission. You acknowledge that third-party merchants and their checkout processes are independent from Qutessy. We do not guarantee the availability, accuracy, or performance of products or merchants.

7. Disclaimers

The Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, Qutessy disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. We do not guarantee uninterrupted access, error-free performance, or accuracy of content or recommendations.

Any reliance you place on the Services is at your own risk. If you require professional medical or dermatological advice, you should seek it from a qualified provider.

You voluntarily assume all risks associated with your access to and use of the Services, including any risks arising from reliance on information, recommendations, or third-party products.

Qutessy does not assume any duty of care toward you beyond what is expressly stated in these Terms. You acknowledge that you have not relied on any statement, representation, or omission by Qutessy in deciding to use the Services.

The Services may include content, links, or integrations provided by third parties. Qutessy does not control and is not responsible for third-party services, content, products, or practices. Your interactions with third parties are solely between you and the third party.

8. Limitation of Liability

To the fullest extent permitted by law, Qutessy will not be liable for any indirect, incidental, special, consequential or punitive damages, lost data or profits, arising out of or relating to your use or misuse of the Services. Our total liability to you will not exceed the amount you have paid us in the past 12 months, or fifty US dollars ($50) if you have paid nothing. Some jurisdictions do not allow certain limitations, so the limitation may not apply to you in its entirety.

You acknowledge that Qutessy would suffer irreparable harm from unauthorized use of the Services, and you waive any right to seek injunctive or equitable relief inconsistent with these Terms.

9. Indemnification

You agree to indemnify, defend, and hold harmless Qutessy, its officers, directors, and affiliates from any claims, including claims brought by third parties, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or relating to your use or misuse of the Services, violation of these Terms, or submission of content.

10. Governing Law

These Terms and any dispute arising out of or relating to your use or misuse of the Services shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Your use of the Application may also be subject to other local, state, national, or international laws.

11. 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.

12. 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.

13. Waiver

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

14. Changes to These Terms

We may modify or update these Terms at any time, in our sole discretion. When we do, we will update the “Last Updated” date above and post the new version.

Continued use of the Services after any update constitutes acknowledgment of the revised Terms. It is your responsibility to review the Terms periodically.

15. Contact Information

If you have any questions about these Terms, please contact:

Email: support@qutessy.com