Terms of Service

These Terms of Service (“Terms”) govern your use of the Gloss Up mobile application and website (collectively, “Gloss Up” or “the App”), operated by With Bytes LLC (“Company,” “we,” “us,” or “our”). By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

1. Eligibility

You must be at least 13 years of age (or the age of majority in your jurisdiction) to use Gloss Up. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the provisions herein.

2. Account Registration and Emails

a. Registration: You may be required to create an account to access certain features of Gloss Up. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.

b. Marketing Emails: If you sign up with your email, you are automatically enrolled to receive marketing and promotional emails from us. You may opt out at any time by clicking the “unsubscribe” link in any such email.

3. Subscriptions and Payments

a. App Store Billing: Gloss Up may offer subscription services. All subscription charges are handled by the Apple App Store or applicable platform (“App Store”). By subscribing, you agree to the App Store’s payment terms, and any disputes regarding billing or refunds must be directed to the App Store.

b. Subscription Details: The terms of your subscription (e.g., pricing, renewal schedule) are displayed at the time of purchase. Unless otherwise stated, subscriptions automatically renew unless you cancel according to the App Store’s cancellation procedures.

4. Use of AI Image Processing

Gloss Up uses AI-based image processing to show before-and-after makeup effects on user-uploaded photos. By uploading a photo, you represent that you own or have the necessary rights to the image and consent to our AI processing. We make no guarantees regarding the accuracy or realism of the AI-generated images. You agree that use of these features is solely at your own risk.

5. Makeup Recommendations and Third-Party Links

Gloss Up may display makeup product recommendations and provide links to third-party retailers such as Sephora. We are not affiliated, endorsed, or sponsored by any of these third-party retailers or product brands. Any purchase you make is solely between you and the third-party retailer, and we disclaim all liability arising from such purchases. You are responsible for reviewing the retailer’s policies before making a purchase.

6. Intellectual Property

All content within Gloss Up, including text, graphics, logos, and software, is the property of Company or its licensors and is protected by intellectual property laws. You may not use any content without the express written permission of Company, except as allowed by law.

7. User Conduct

You agree that you will not violate any law, contract, or regulation in connection with your use of Gloss Up. You further agree not to upload any content that is unlawful, defamatory, obscene, pornographic, or infringing on any third-party rights. We reserve the right to remove or restrict access to any content we deem objectionable or in violation of these Terms.

8. Disclaimer of Warranties

YOUR USE OF GLOSS UP IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS WILL BE ACCURATE OR RELIABLE, OR (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE GLOSS UP. IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST THREE (3) MONTHS OR ONE HUNDRED DOLLARS (US$100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, agents, partners, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (a) your use of Gloss Up, (b) your breach of these Terms, or (c) any images or other content you upload or submit to Gloss Up.

11. Modifications to the Services and Terms

We reserve the right to modify, suspend, or discontinue Gloss Up (or any part thereof) at any time, with or without notice. Likewise, we may update or revise these Terms at any time. If we make material changes, we will notify you (e.g., by email or within the App). Your continued use after any such change constitutes your acceptance of the new Terms.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United States. Any legal suit, action, or proceeding shall be brought exclusively in the state or federal courts located in our state of operation, unless otherwise required by applicable consumer protection laws.

13. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

14. Contact Us

If you have any questions about these Terms, please contact us at support@glossupapp.com.

Last Updated: January 21, 2025