Please Read Carefully
These Terms & Conditions constitute a legally binding agreement between you and Vellaya AI. By creating an account or using the App in any capacity, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms, you must discontinue use of the App immediately.
1. Acceptance of Terms
These Terms & Conditions ("Terms") govern your access to and use of the Vellaya AI mobile and web application (the "App"), including all features, AI analysis tools, content, and services made available through it. By accessing or using the App, you enter into a binding agreement with Vellaya AI ("Vellaya", "we", "our", "us"). These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference.
2. Nature of the Service
Vellaya AI is an AI-powered skin and hair analysis platform designed to provide users with personalised cosmetic insights and product recommendations. Specifically, the App offers:
- AI-based analysis of skin characteristics, including hydration, texture, pigmentation, and acne indicators
- AI-based analysis of hair characteristics, including density and scalp health observations
- Personalised skincare and haircare product recommendations
- Informational insights derived from images and self-reported user data
- Environment-informed recommendations based on location and weather data
Critical Disclaimer — This Is Not a Medical Service
Vellaya AI is not a medical device and does not provide medical advice, clinical diagnosis, or treatment recommendations of any kind. All analysis results are AI-generated estimations derived from visual data. They are informational in nature only, may be incomplete or inaccurate, and must not be used as a substitute for professional medical consultation.
Always consult a qualified dermatologist, physician, or licensed healthcare professional regarding any skin or hair condition that requires medical attention.
3. User Accounts
To access the full functionality of the App, you must create an account. You may register using a valid email address or via a supported social login provider.
By creating an account, you agree to:
- Provide accurate, current, and complete information at registration and to keep that information updated
- Maintain the confidentiality of your login credentials and not share your account access with any third party
- Accept full responsibility for all activity that takes place under your account
- Notify us promptly at vellayaAI@gmail.com if you suspect any unauthorised use of your account
We reserve the right to suspend or permanently deactivate accounts that contain false information or that have been used in breach of these Terms.
4. User Responsibilities
As a user of the App, you agree to use it solely for its intended purpose and in compliance with all applicable laws. You agree that you will not:
- Upload images that are misleading, falsified, inappropriate, or that belong to another individual without their explicit consent
- Rely solely or primarily on AI-generated results when making decisions relating to your health, medical care, or clinical treatment
- Attempt to interfere with, disrupt, or circumvent the technical operation of the App or its underlying systems
- Use the App, its content, or its outputs for any unlawful, harmful, or commercially exploitative purpose
- Misrepresent the nature or clinical validity of any results obtained through the App
5. AI Analysis — Scope & Limitations
Vellaya AI's analysis is performed using machine learning models trained on dermatological and cosmetic imagery. Users should be aware of the following inherent limitations:
Analysis is based exclusively on visual characteristics present in the submitted image. The AI cannot assess underlying physiological conditions, medical history, or non-visible factors
Results may be affected by variables including, but not limited to, image lighting conditions, camera resolution, skin tone, and environmental factors at the time of capture
AI models, by their nature, may produce errors, inconsistencies, or outputs that do not accurately reflect your actual skin or hair condition
Repeated analyses may yield differing results due to variability in submitted images or model updates
Vellaya AI makes no representation or warranty that its analysis results are accurate, complete, or suitable for any medical or clinical purpose.
6. Location & Environmental Data
With your permission, the App may access your device's location data and correlate it with publicly available weather and environmental information. This data is used solely to refine the relevance of recommendations — for example, by accounting for UV exposure levels, ambient humidity, or seasonal climate factors. Location data is not used for advertising, profiling, or any purpose unrelated to improving the quality of your analysis experience.
7. Payments & Subscriptions
Certain features of the App may require payment or a subscription. The following terms apply:
All payments are processed securely through certified third-party payment providers. Vellaya AI does not collect, store, or have access to your full payment card details
Unless otherwise required by applicable consumer protection law, all purchases are final and non-refundable. In jurisdictions where a statutory right of withdrawal or refund exists, that right will be honoured
Subscriptions renew automatically on the applicable billing cycle unless cancelled by you prior to the renewal date. You may cancel at any time through your account settings
We reserve the right to modify pricing with reasonable advance notice
8. Intellectual Property
All content, features, functionality, branding, design, proprietary AI models, and software within the App are the exclusive property of Vellaya AI and are protected by applicable copyright, trademark, and intellectual property law. Nothing in these Terms grants you any ownership interest in or licence to any Vellaya AI intellectual property beyond the limited right to use the App as described herein.
You may not copy, reproduce, redistribute, reverse engineer, decompile, disassemble, or create derivative works from any part of the App, its content, or its underlying technology without our prior written consent.
9. Limitation of Liability
Please Read This Section Carefully
To the fullest extent permitted by applicable law, Vellaya AI, its directors, employees, affiliates, and service providers shall not be liable for any loss, damage, or harm — whether direct, indirect, incidental, consequential, or punitive — arising from or in connection with:
- The accuracy or completeness of AI-generated analysis results
- Any decision, action, or course of treatment adopted in reliance on the App's outputs
- Adverse reactions, skin conditions, or health outcomes associated with recommended or purchased products
- Technical interruptions, errors, or unavailability of the App
- Unauthorised access to your data resulting from factors outside our reasonable control
Your use of the App is entirely at your own risk. Vellaya AI's total aggregate liability, where not excluded by law, shall not exceed the greater of the fees you paid to Vellaya AI in the 12 months preceding the claim or USD $100.
10. Indemnification
You agree to indemnify, defend, and hold harmless Vellaya AI and its officers, employees, and affiliates from and against any claims, liabilities, losses, damages, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App in violation of these Terms; (b) content or images you submit through the App; or (c) your violation of any applicable law or the rights of a third party.
11. Account Suspension & Termination
We reserve the right to suspend, restrict, or permanently terminate your access to the App at our reasonable discretion and without prior notice if we determine that you have:
- Violated any provision of these Terms
- Engaged in fraudulent, deceptive, or unlawful conduct through or in connection with the App
- Used the App in a manner that causes harm or poses risk to other users, third parties, or the integrity of our systems
You may deactivate your account at any time through the account settings within the App. Upon termination, your right to access the App ceases immediately, and your personal data will be handled in accordance with our Privacy Policy.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Vellaya AI is incorporated, without regard to its conflict of law provisions.
In the event of any dispute arising in connection with these Terms or your use of the App, the parties agree to first attempt to resolve the matter informally by contacting us at vellayaAI@gmail.com. If the dispute cannot be resolved informally within 30 days, it shall be referred to binding arbitration, except where small claims court jurisdiction applies. Nothing in this clause affects any statutory rights you may have under applicable consumer protection legislation.
13. Amendments to These Terms
We reserve the right to amend these Terms at any time. When material changes are made, we will provide notice via email or a prominent in-app notification no less than 14 days prior to the amended Terms taking effect. Your continued use of the App after that date will constitute acceptance of the revised Terms. The current version of these Terms is always available at mindhatch.ca/terms.
14. Contact
For any enquiries, concerns, or formal requests relating to these Terms, please contact us at:
Vellaya AI — Legal
Email: vellayaAI@gmail.com
Website: mindhatch.ca