These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Grovy Health Inc., a Delaware corporation (“Grovy Health,” “Grovy,” “Hairy,” “we,” “us,” or “our”), governing your access to and use of the Hairy mobile application, websites, software, artificial intelligence features, analyses, reports, content, and related products and services (collectively, the “Service”).
Hairy is a product operated by Grovy Health Inc.
By downloading, accessing, creating an account for, purchasing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms, do not access or use the Service.
GROVY HEALTH INC. IS NOT A HEALTHCARE PROVIDER, AND HAIRY DOES NOT PROVIDE MEDICAL CARE, MEDICAL ADVICE, DIAGNOSIS, PROGNOSIS, OR TREATMENT.
Hairy is intended to provide informational, educational, tracking, visualization, and wellness-related tools concerning hair and scalp appearance.
The Service may use artificial intelligence, computer vision, machine learning, statistical models, image processing, or other automated technologies to analyze photographs and other information you provide. Results generated by these systems are estimates and may be incomplete, inaccurate, misleading, or incorrect.
Nothing provided through Hairy should be interpreted as:
You should not make medical decisions based solely on information generated by the Service.
Hair loss and changes in hair or scalp appearance can have many causes. Some may require evaluation by a qualified healthcare professional.
If you have questions or concerns regarding hair loss, scalp symptoms, medications, treatments, or your health generally, consult an appropriately qualified healthcare professional.
Never disregard professional medical advice or delay seeking professional medical care because of information provided through Hairy.
Hairy is not designed for emergencies. If you believe you are experiencing a medical emergency, contact emergency services or an appropriate healthcare professional immediately.
Hairy uses or may use artificial intelligence (“AI”), machine learning, computer vision, algorithms, third-party models, internally developed models, and other automated technologies to provide certain portions of the Service.
You understand and agree that:
YOU EXPRESSLY ACKNOWLEDGE THAT YOU USE AND RELY UPON AI-GENERATED OUTPUTS AT YOUR OWN RISK.
The Service may allow you to upload, submit, transmit, create, or otherwise provide photographs, images, videos, profile information, questionnaire responses, demographic information, hair-related information, treatment information, feedback, text, and other information or materials (“User Content”).
Photographs of your hair, scalp, face, head, or other physical characteristics that you submit through the Service are User Content.
As between you and Grovy, you retain any ownership rights you may have in your original User Content, subject to the licenses and rights granted to Grovy under these Terms.
You represent and warrant that:
By uploading, submitting, transmitting, or otherwise providing User Content through the Service, you grant Grovy Health Inc. and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to host, store, reproduce, process, modify, adapt, analyze, annotate, label, transform, create derivative works from, display, transmit, and otherwise use your User Content as reasonably necessary or useful to:
This license permits us to engage service providers, contractors, research collaborators, technology providers, cloud infrastructure providers, artificial intelligence providers, and other parties acting on our behalf or with whom we work for purposes permitted by these Terms and our Privacy Policy.
The license granted under this Section survives deletion of your account or termination of these Terms to the extent reasonably necessary for data that has already been incorporated into de-identified or aggregated datasets, research, analyses, model-training datasets, model weights, model parameters, embeddings, statistical information, backups, or other derived materials, or where continued retention or use is otherwise permitted or required by applicable law.
Our collection, use, retention, disclosure, and deletion of personal information remains subject to our Privacy Policy and applicable law.
You acknowledge and agree that Grovy may use information collected through the Service, including User Content where permitted by applicable law, to research, develop, train, fine-tune, validate, test, benchmark, evaluate, and improve AI and machine-learning systems and related products and services.
Such activities may include analyzing photographs and associated information to identify patterns, create annotations or labels, develop mathematical representations or embeddings, evaluate model performance, develop new features, and improve existing models.
Models, algorithms, model weights, parameters, statistical relationships, aggregated insights, de-identified datasets, annotations created by or for Grovy, and other technologies or information developed through these activities may be used to operate, improve, research, develop, or commercialize Grovy’s current or future products and services, subject to applicable law and our Privacy Policy.
Except where required by applicable law or expressly agreed by Grovy in writing, you will not be entitled to compensation, royalties, ownership interests, or other payment arising from Grovy’s development, training, improvement, or commercialization of models, technologies, products, or services using information as permitted under these Terms and our Privacy Policy.
Grovy may conduct or support scientific, technical, product, commercial, or other research relating to hair, hair loss, scalp appearance, artificial intelligence, computer vision, consumer health, wellness, and related subjects.
To the extent permitted by applicable law and described in our Privacy Policy, information collected through the Service may be used for research and development purposes.
Grovy may collaborate with researchers, academic institutions, healthcare organizations, commercial organizations, contractors, service providers, or other research partners.
Where required by applicable law, we will obtain additional consent or authorization before using or disclosing information for a particular research activity.
Grovy may publish, disclose, or commercialize research findings, statistics, analyses, or other insights that do not identify you where permitted by applicable law.
Your use of the Service does not entitle you to compensation, royalties, intellectual property rights, authorship, or ownership in research findings, inventions, discoveries, models, products, datasets, or other developments resulting from such research, except where otherwise expressly agreed in writing.
To operate Hairy, Grovy uses and may in the future use third-party vendors and service providers.
These parties may provide services such as:
Accordingly, User Content and other information may be transmitted to, stored by, processed by, or otherwise made available to third parties where reasonably necessary for the purposes described in these Terms and our Privacy Policy.
We may change our service providers and technology infrastructure from time to time without notice to you.
For more information about how information is collected, processed, retained, and disclosed, please review our Privacy Policy.
To the extent permitted by applicable law, Grovy may create aggregated, de-identified, anonymized, statistical, or derived information from information collected through the Service.
Grovy may use such information for lawful purposes, including research, analytics, publication, product development, model development and training, commercialization, benchmarking, and improvement of Grovy’s products and services.
To the extent permitted by applicable law, Grovy owns its rights in information, datasets, analyses, models, statistics, and other materials created by Grovy through aggregation, de-identification, transformation, analysis, or derivation, without limiting any rights you retain in your original User Content.
Where required by law, Grovy will maintain information represented as de-identified in de-identified form and will not attempt to reidentify it except as permitted by applicable law.
Your privacy is important to us.
Our Privacy Policy explains how we collect, use, disclose, retain, transfer, and otherwise process personal information in connection with Hairy.
By using the Service, you acknowledge that you have reviewed the Privacy Policy.
The Privacy Policy may provide additional rights or choices regarding your personal information depending upon where you reside.
These Terms do not replace the Privacy Policy. If these Terms and the Privacy Policy address the processing of personal information differently, the Privacy Policy will govern with respect to such processing.
Grovy uses administrative, technical, and organizational safeguards designed to protect information in our possession or control.
However, no system, network, database, transmission, or storage technology can be guaranteed to be completely secure.
Accordingly, we cannot and do not guarantee that unauthorized third parties will never be able to circumvent our safeguards or access, use, alter, disclose, or destroy information.
You acknowledge the inherent risks associated with transmitting and storing information electronically.
You must be at least 18 years old to create an account or use Hairy unless Grovy expressly makes a version of the Service available to younger users in accordance with applicable law.
By using the Service, you represent and warrant that you:
If we determine or reasonably believe that you do not meet these requirements, we may suspend or terminate your access.
Certain features may require you to create an account.
You agree to provide accurate and current information and to maintain the security of your login credentials.
You are responsible for activities occurring through your account except to the extent otherwise required by law.
You must promptly notify us if you believe your account has been accessed without authorization.
You may not access another person’s account without authorization.
Subject to your compliance with these Terms, Grovy grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.
No rights are granted except those expressly stated in these Terms.
Grovy may revoke this license at any time as permitted by applicable law.
You may not:
Except for User Content and third-party materials, Grovy and its licensors own all right, title, and interest in and to the Service and its associated intellectual property.
This includes, as applicable:
Nothing in these Terms transfers ownership of Grovy’s intellectual property to you.
If you provide suggestions, ideas, feedback, feature requests, or other communications concerning Hairy (“Feedback”), you grant Grovy an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, disclose, reproduce, and otherwise exploit the Feedback without compensation or obligation to you.
Hairy may offer free and paid features.
If you purchase a subscription or other paid Service, the price and applicable billing terms will be disclosed to you before purchase.
Subscriptions may automatically renew unless canceled before the applicable renewal date.
Purchases made through Apple App Store, Google Play, or another third-party platform may also be subject to that platform’s payment, cancellation, and refund terms.
You are responsible for canceling your subscription through the applicable purchasing platform.
Except where otherwise required by law or expressly stated by Grovy, payments are non-refundable.
Grovy may change prices or subscription offerings from time to time subject to applicable law and applicable platform requirements.
The Service may incorporate, interact with, link to, or depend upon products and services provided by third parties.
Grovy does not control and is not responsible for third-party services, content, availability, security, privacy practices, or performance.
Your use of third-party services may be governed by separate terms and privacy policies.
Hairy is an evolving product.
Grovy may add, modify, restrict, suspend, discontinue, or remove features, analyses, algorithms, models, functionality, content, or portions of the Service at any time.
AI-generated measurements or analyses may change as our technology evolves. Historical results therefore may not always be directly comparable with future results.
Grovy does not guarantee that any particular feature or functionality will remain available.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROVY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GROVY DOES NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROVY HEALTH INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
Without limiting the foregoing, Grovy will not be liable for damages arising from or relating to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROVY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID GROVY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Grovy Health Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and suppliers from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:
You may stop using Hairy at any time.
Grovy may suspend or terminate your access to all or part of the Service if:
Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, licenses already granted, derived or de-identified information, AI model development, research, disclaimers, limitations of liability, indemnification, dispute resolution, and other accrued rights and obligations.
We may update these Terms from time to time.
When we make changes, we will update the “Last Updated” date above. Where required by applicable law, we will provide additional notice or obtain consent.
Your continued use of the Service following the effective date of revised Terms constitutes acceptance of those revised Terms to the extent permitted by applicable law.
If you do not agree to revised Terms, you must stop using the Service.
These Terms and any dispute arising from or relating to them or the Service will be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except to the extent otherwise required by applicable law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before initiating formal proceedings, you and Grovy agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Service by providing written notice of the dispute and allowing the other party at least thirty (30) days to attempt to resolve it informally.
[ARBITRATION / CLASS-ACTION-WAIVER PROVISIONS TO BE FINALIZED WITH COUNSEL BASED ON GROVY’S DESIRED DISPUTE-RESOLUTION STRUCTURE.]
Nothing in this Section prevents either party from seeking appropriate injunctive or equitable relief where permitted by law.
You may not assign or transfer these Terms or your rights under them without Grovy’s prior written consent.
Grovy may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law, subject to applicable law.
These Terms, our Privacy Policy, and any additional terms expressly applicable to particular features constitute the entire agreement between you and Grovy concerning the Service and supersede prior agreements concerning their subject matter.
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Grovy’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
Grovy will not be responsible for delays or failures resulting from events outside its reasonable control, including natural disasters, internet or telecommunications failures, cloud-service outages, governmental actions, labor disputes, war, terrorism, epidemics, pandemics, power failures, or failures of third-party infrastructure.
If you access or download Hairy through Apple’s App Store, you acknowledge that these Terms are between you and Grovy, not Apple, and that Apple is not responsible for the Service or its content.
Apple has no obligation to provide maintenance or support services for Hairy except as required by applicable law.
To the extent required by Apple’s applicable terms, Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of the iOS application.
Questions concerning these Terms may be directed to:
Grovy Health Inc.
251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, United States
Email: team@hairy.app
For questions concerning privacy or your personal information, please contact us using the information provided in our Privacy Policy.