These Terms of Use (this “Agreement”) are a binding legal agreement between you (“you”) and Refresh Works Limited, a company incorporated in Hong Kong (“Refresh”, “we”, “us” or “our”), for use of the Refresh mobile application and all related services, features and content offered by us (collectively, the “App”).

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1. Acceptance of Terms

Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP AND THE SERVICES, AND CEASE ANY USAGE OF THE APP IMMEDIATELY.

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We may amend this Agreement at our discretion from time to time. If any updates made will materially change your rights, we will notify you of such updates by email and within the App. Should you continue using the App after the effective date of an updated version of the Agreement, you acknowledge and agree that this shall constitute your acceptance of such updated version of the Agreement.

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2. Medical Services Disclaimer

REFRESH IS NOT A LICENSED MEDICAL CARE PROVIDER NOR A MEDICAL DEVICE. THE APP AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A MEDICAL DEVICE TO AID, TREAT OR MANAGE DERMATOLOGICAL ISSUES. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OR WITHIN THE APP OR THE SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YORU HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

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WE DISCLAIM ANY AND ALL LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS AND INFORMATION WITHIN THE APP OR THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.

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3. Registration and Eligibility

To use the App, you are required to create or update an account (“Account”). Upon creation of your Account, will you be asked to provide certain personal information, which may include your email, age range, biological gender, geographical location and skin type. This information will be held and used in accordance with our privacy policy, which can be found at https://refresh.works/privacy-policy (“Privacy Policy”). You agree that you will supply accurate and complete information to us, and that you will update any information you provide us promptly to reflect any changes. You acknowledge and agree that Refresh and its affiliates shall not be liable for any damage of loss arising from or in connection with any inaccuracies or errors in the information you provide us.

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You must be at least 16 years old to create an Account and use the App. By creating an Account, you represent and warrant to us that you are at least 16 years old and are not barred from using the App under applicable law.\

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If you are under 18, your parent or guarding must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guarding has so reviewed and accepted this Agreement. We reserve the right to limit the availability of certain content within the App from users under the age of 18, at our sole discretion.

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4. Your Use of the App

Any content and information you submit through the App is governed by the Privacy Policy. If you submit a question or statement within the App, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in any public areas or domains of the App (“Social Platform”). Refresh and its affiliates are not responsible for the consequences of any communications in the Social Platform, and you agree and acknowledge that you shall protect, defend, indemnify and hold harmless Refresh, is affiliates and its directors from and against all losses, costs, liabilities, claims, damages and expenses of every kind and character incurred, resulting from, relating to or arising out of your communications in the Social Platform. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately.

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You acknowledge and agree that you shall not use the App for any purpose that is prohibited by this Agreement or by any relevant laws. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You acknowledge and agree that you SHALL NOT undertake or perform any of the following:

1. resell, rent, lease, loan, sublicence, distribute or otherwise transfer rights to the App;

2. modify, reverse engineer, decompile or disassemble the App;

3. copy, adapt, alter, modify, translate or create derivative works of the App without the written consent of Refresh;

4. permit other individuals to use the App, including but not limited to shared use via a network connection, except as otherwise permitted under this Agreement;

5. circumvent or disable any technological features or measures in the App;

6. attempt to breach any or all of our intellectual property rights in the App, including but not limited to modifying, disassembling or reverse engineering the App to access the source code;

7. use the App in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright and intellectual property laws of any jurisdiction;

8. use or access the App to compile data in a manner that is used or usable by (i) a competitive product or service; or (ii) third-party product or service that has not been authorised or approved by Refresh in writing;

9. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

10. use your Account to engage in any illegal conduct;

11. upload or transmit any communications that infringe or violate the rights of any party;

12. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Privacy Policy; or

13.  upload any material that contains software viruses, malware or any other computer code, files or programs that are malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, the App.

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You acknowledge and agree that by undertaking or committing any of the actions listed above in points (a) - (m), you are materially breaching this Agreement. Without prejudice to any other rights or remedies which we may have, you acknowledge and agree that damages would not be an adequate remedy for any breach of this Section 4 and the remedies of injunction, specific performance and other equitable relief are appropriate for any threatened or actual breach of this provision and no proof of special damages shall be necessary for the enforcement of the rights under this Section 4.

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Any forbidden use specified under this Section 4 shall immediately terminate your licence to use the App.

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5. Age Restrictions and Privacy of Children

We are committed to protecting the privacy of children.

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You should be aware that this App is not intended nor designed to attract or be used by children under the age of 16. We do not collect personal data from any person we actually know is a child under the age of 16.

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There may some features in the App that require you to be at least 18 years old.

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If you are aware of any user of the App that is not at least 16 years old, please contact us at hello@refresh.works. If we have reasonably ascertained that such user does not comply with this Section 5, we will take steps to delete or terminate their account.

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6. Export and economic sanctions control

The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Flo under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

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7. Grant of Limited Licence

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from Refresh, which may be withheld for any or no reason. You further agree not to download, display or use any content on the App that is provided by Refresh or its licensors located on the App for use in any publications, in public performances, on websites (other than the App) for any other commercial purpose, in connection with products or services that are not those of Refresh, in any manner that is likely to cause confusion among consumers and the general public, that disparages or discredits Refresh and/or its affiliates, that dilutes the strength of Refresh’s and/or its affiliates’ property, or that otherwise infringes Refresh’s or its affiliates’ intellectual property rights. You further agree that you shall not misuse any content published on the App by Refresh, its affiliates, or by third-parties.

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All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by Refresh. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by Refresh, you must obtain written permission from Refresh, such permission can be withheld for any reason at Refresh’s sole discretion. Permission requests may be sent to hello@refresh.works.

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For the avoidance of doubt, Refresh owns all the text, images, photos, audio, video, location data, software, code and all other forms of data or communication that Refresh creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined in Section 8 below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as “Refresh’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and Refresh’s Content are retained by us.

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8. Licence to User Content

The App enables you to input skincare routines, personal notes, share comments, posts and upload content, submit content and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.

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By providing your User Content to the App, you (a) grant Refresh and its affiliates a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the promotional purposes of Refresh and its affiliates (for example, by displaying on our websites, within the App, in social media, on any website or platform on the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify Refresh and its affiliates, directors, officers and employees and hold them harmless form any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement.

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Refresh reserves the right to review all User Content prior to submission to the App, and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.

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9. Use at your own risk

Our goal is to help make certain health-related information readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates and predictions that we may provide to you through the App, and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device, healthcare provider, medical practitioner or specialist.

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10. Use by minors disclaimer

THE INFORMATION WITHIN THE APP DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BHEAVIOUR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

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We carefully examine the materials that we make available on the App to people between 16 to 18 years old in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is accessible to minors.

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We neither publish nor intend to publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.

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Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.

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11. Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or Account . It is your sole responsibility to (1) control the dissemination and use of sign-in usernames and emails, screen name and passwords; (2) authorise, monitor and control access to and use of your Account and password; (3) promptly inform us if you believe your Account or password has been compromised or if there is any other reason you need to deactivate a password. If you have any such concerns, please send us an email at hello@refresh.works. You grant Refresh, its affiliates and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the App. You further acknowledge and agree that the App and Account are designed and intended specifically for personal use on an individual basis, and that you should not share your Account and/or password details with any other person. Refresh cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the use of the App in connection with your Account, and shall not be responsible for any losses arising out of the unauthorised use of your Account or information resulting from you not following this Section 11.

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12. Warranty Disclaimer

Refresh controls and operates the app from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

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THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER REFRESH, ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP WILL BE SECURE OR AVAIALBLE AT ANY PARTICUALR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS OR COMMUNICATIONS PROVIDED BY REFRESH OR THIRD PARTIES ON OR THROUGH THE APP. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT GIVEN BY SUCH APPLICABLE LAWS.

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13. Limitation of Liability

IN NO EVENT SHALL REFRESH, ITS AFFILIATES OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT SHALL REFRESH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO REFRESH FOR USE OF THE APP, OR IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REFRESH, ONE HUNDRED HONG KONG DOLLARS (HK$100), AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF REFRESH, ITS AFFILIATES NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS, NOR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. THE LAWS OF SOME STATES/COUNTRIES MAY IMPOSE RESTRICTIONS ON LIMITED LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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14. Third-Party Services and Links

The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). Refresh does not control Third Party Services in any manner and, accordingly, Refresh is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. Refresh’s inclusion of links to Third Party Services does not imply any endorsement of any kind by Refresh of the material located on or linked to by such Third Party Services and should be deemed as such by any use of the App. Refresh disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Services is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.

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You shall not link to our websites, App, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it; or (iv) is unfair.

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15. Your Feedback

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.

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16. Enforcement Rights

We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, to take steps to protect our intellectual property and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to the App at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.

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We may refuse service, close Accounts and change eligibility requirements at any time.

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Refresh has no liability or responsibility to users of the App or any other person or entity for performance or non-performance of the aforementioned activities.

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17. Changes to the App

From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features by us will be done in our sole and absolute discretion and without any ongoing obligation or liability to you.

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18. Indemnity

You agree to defend, indemnify and hold Refresh, its affiliates, its officers, directors, employees, agents, representatives, licensors, suppliers, partners, advertisers and content providers harmless from and against any claims, actions, demands, liabilities and settlements, including without limitations, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.

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19. Governing law and Jurisdiction

Your use of the App and this Agreement and any non-contractual disputes/claims arising out of or in connection with this Agreement shall be governed by the laws of Hong Kong, and you agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Hong Kong.

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20. Notice and takedown procedures

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting us and providing the following information:

1. identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location of an authorised version of the work;

2. identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

3. your name, address, telephone number and e-mail address;

4. a statement that you have a good faith believe that the complained use of the materials is not authorised by the copyright owner, its agent, or the law;

5. a statement that the information that you have supplied is accurate and indicating that “under the penalty of perjury”, you are the copyright owner or are authorised to act on the copyright owner’s behalf; and

6. a signature (or electronic equivalent) from the copyright holder or authorised representative.

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In an effort to protect the rights of copyright owners, Refresh maintains a policy for the termination, in appropriate circumstances, of subscribers and Account holders of the App who are repeat infringers.

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Questions and Comments

If you have any comments or questions on any part of the App or any part of this Agreement, or require support, please contact us at hello@refresh.works.

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Effective: 1 May 2023