Terms of Service

1. These Terms set out the conditions for use of the application "BestFace" (the "App"; the services provided through the App are the "Service") provided by fre-ease Inc. (the "Company"), between the Company and every user of the Service (each a "User").
2. These Terms apply to all relations between the User and the Company in connection with use of the Service.
3. Any individual terms, guidelines, or other rules that the Company posts in the App or on its website ("Individual Provisions") form part of these Terms. Where an Individual Provision differs from these Terms, the Individual Provision prevails.
4. The agreement based on these Terms is concluded between the User and the Company; Apple Inc. and its subsidiaries ("Apple") are not parties to this agreement. Responsibility for the App and the content of the Service lies with the Company, not with Apple.

In these Terms, the following terms have the meanings set out below.

1. "Scan" means the operation by which the User captures the three-dimensional shape of their own face using the device's TrueDepth camera, following the guidance provided in the App.
2. "Measurements" means the geometric values that the App calculates on the device from the three-dimensional facial shape data obtained by a Scan.
3. "Scores" means the values aggregated from Measurements according to weightings determined by the Company (including BESTFACE SCORE, overall, symmetry, proportion, quality, and similar figures).
4. "Reference Values" means values displayed in the App for reference only, which are not based on actual measurement. Reference Values are not Measurements.
5. "Routines" means the morning and evening habit menus presented by the App and the records of their completion.
6. "User Content" means the three-dimensional meshes, photographs, Measurements, and Scores generated by a Scan, together with notes, answers, and other information entered into the App by the User.
7. "Subscription" means a recurring purchase that grants access to the paid features of the Service.
8. "Eligible Device" means an Apple-branded device owned or controlled by the User that satisfies the system requirements set out in Article 5.

1. By downloading or installing the App, or by using the Service, the User is deemed to have read, understood, and agreed to these Terms and to the Company's Privacy Policy.
2. A User who does not agree to these Terms may not use the Service. In that case, please discontinue use of the App and delete it from the device.
3. A minor may use the Service only with the consent of a parent or other legal representative. Even where a minor uses the Service without such consent, the Company may treat that use as having been consented to by the legal representative.
4. Subscribing constitutes an application for a paid, recurring contract. Please review Articles 8 through 11 before subscribing.

1. The Service is an application that displays geometric Measurements and Scores relating to areas of the face, based on the three-dimensional facial shape captured by the device's TrueDepth camera, and that additionally provides Routines to support daily habits, visualization of changes over time, and related features.
2. All facial measurement and Score calculation is performed on the User's device. Scores are produced by deterministic logic running on the device, so the same scan data always yields the same result.
3. The information, Routines, and background knowledge presented in the App are intended as general information and as support for building habits; they are not professional advice directed at any individual User.
4. Certain features of the Service are available only to Users with an active Subscription. The scope of the free and paid features is as displayed by the Company within the App.
5. The Company may change the content, features, screens, measured items, and Score calculation methods of the Service from time to time in order to improve the Service.

Use of the Service requires a device meeting the requirements below. On a device that does not meet these requirements, facial scanning and other core features of the Service cannot be used.

Supported OS:

iOS 18.0 or later / iPadOS 18.0 or later

Required hardware:

A physical device equipped with a TrueDepth camera (a Face ID-capable iPhone or iPad)

Other:

An internet connection may be required to save or sync scan data.

1. Simulators, devices without a TrueDepth camera, and facial scanning from external cameras or imported photographs are not supported.
2. The User is responsible for preparing, at their own cost and risk, the device, software, communications environment, and other equipment necessary to use the Service. Communication charges are borne by the User.
3. Please note that all or part of the Service may become unavailable as a result of OS updates, changes to device specifications, or changes to the APIs provided by Apple.
4. Even where a Subscription is purchased on a device that does not meet these requirements, the Company is unable to provide a refund or other remedy for that Subscription. Please confirm that your device meets the requirements before purchasing.

1. The User may use some features of the App without creating an account.
2. Signing in with Sign in with Apple is required to use certain features, such as saving scan data and carrying it over to another device.
3. The User is responsible for managing their own account and the Apple ID used to sign in, and must not allow any third party to use it, or lend, transfer, re-register, or sell it.
4. The User bears responsibility for any damage arising from inadequate management of the account, errors in its use, or use by a third party, and the Company bears no responsibility except in cases of the Company's intent or gross negligence.
5. If the User becomes aware that their account is being used without authorization, the User must notify the Company immediately and follow the Company's instructions.
6. The User may, at any time, delete their account together with the data stored on the Company's servers and withdraw from the Service, using the designated function in the App. Once deleted, such data on the Company's servers cannot be restored. Withdrawing from the Service or deleting the App does not cancel a Subscription. For cancellation, see Article 9.

1. The Company grants the User a limited, non-exclusive, non-transferable, and non-sublicensable licence to use the App for personal, non-commercial purposes, subject to these Terms.
2. Use of the App is limited to Apple-branded devices owned or controlled by the User and permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
3. The licence under these Terms is a licence to use, not a sale of the App. All intellectual property and other rights in the App and the Service are reserved to the Company or the relevant rights holder.
4. In using the App, the User shall comply with the Apple Media Services Terms and Conditions and all other applicable laws and regulations.

The fees for the paid plans of the Service are as follows.

1. The Service has no free trial period. Charges apply from the time of purchase.
2. Payment is processed through in-app purchase via the Apple App Store. The Company does not process payments directly.
3. Payment is charged to the User's Apple ID upon confirmation of purchase. Confirmation of purchase means the point at which the User completes the required authentication (Face ID, Touch ID, password entry, or similar) on the App Store purchase confirmation screen.
4. Credit card numbers and other payment information are managed by Apple; the Company neither obtains nor retains them.
5. The Company uses the subscription management service provided by RevenueCat, Inc. to administer Subscriptions. For details of the information transmitted to that provider, please see the Privacy Policy.
6. Except as otherwise provided in these Terms, fees already paid are non-refundable.

1. A Subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period. The annual plan renews every year and the weekly plan renews every week.
2. The renewal fee is charged to the User's Apple ID within the 24 hours before the end of the current period.
3. Cancellation must be carried out by the User in the App Store subscription settings. The Company cannot cancel a Subscription on the User's behalf.
4. To cancel, follow the steps below. The steps must be completed at least 24 hours before the next renewal date.

   How to cancel

   Open the Settings app on your iPhone or iPad

   Tap your Apple ID (your name) at the top of the screen

   Tap Subscriptions

   Select BestFace from the list and tap Cancel Subscription

5. After cancellation, paid features remain available until the end of the period already paid for. No pro-rata refund is made for the remaining part of a period when cancellation occurs mid-period.
6. Deleting the App from your device, and withdrawing from the Service, do not cancel a Subscription. You must cancel using the steps set out above.
7. If cancellation is carried out less than 24 hours before the next renewal date, that renewal charge takes effect and the cancellation applies from the following period.

1. All refunds for in-app purchases are handled in accordance with Apple's rules and procedures. The Company has no authority to decide whether a refund is granted and cannot process refunds.
2. To request a refund, please contact Apple directly through Apple's support page, "Report a Problem".
3. Whether a refund is granted, and in what amount, is determined by Apple alone, and the Company bears no responsibility for the outcome.
4. Nothing in this Article limits any right available to the User under the Consumer Contract Act or other applicable laws.

1. The Company may revise Subscription prices for reasonable grounds, including changes in economic conditions or in the cost of providing the Service.
2. Where prices are revised, the Company will give advance notice of the revised price and the date it takes effect, by display in the App, posting on its website, or other reasonable means.
3. Where a price increase applies to an existing Subscription, the User's consent will be obtained, or notice will be given by Apple before the increase takes effect, in accordance with Apple's rules. If the User does not consent, the Subscription will not renew at the revised price. If you do not accept a price increase, please cancel in accordance with Article 9.
4. Prices shown in these Terms and in the App are tax-inclusive prices for the Japanese App Store. The amount and currency actually charged may differ depending on the App Store country or region, exchange rates, and local taxes. The applicable price is the amount shown on the App Store purchase confirmation screen at the time of purchase.

Nature of Measurements and Scores

1. Measurements and Scores are relative indicators based on calculation methods determined by the Company. They do not establish objective facts, assess health conditions, or rank physical characteristics as better or worse.
2. Measurements may vary with the conditions under which a Scan is taken, including lighting, the distance between the device and the face, facial expression, angle, hairstyle, and anything worn on the face. Even under identical conditions, repeated scans will show a certain degree of variation.
3. Some skin-related items, and any item labelled as a "Reference Value" in the App, are values shown for reference only and are not based on actual measurement. These items do not represent the result of measuring or analysing the actual condition of the skin.
4. Ranges such as the "ideal range" shown in the App are set with reference to commonly used geometric guidelines. They are not intended to recommend that any particular figure be reached, nor to treat any particular appearance as superior.

No guarantee of results

1. The Company makes no warranty, express or implied, that any particular effect, change, or result will be obtained from use of the Service. Outcomes of following Routines, changes in Scores, and other changes vary from person to person.
2. The Routines and information presented by the App concern general lifestyle habits, and it is for the User to decide, at their own responsibility, whether to follow them. If you feel pain, discomfort, or any other adverse condition while following them, stop immediately and consult a professional if necessary.
3. The Company does not warrant the accuracy, completeness, usefulness, or fitness for any particular purpose of the Measurements, Scores, or other content displayed by the App.

In using the Service, the User must not engage in any of the following.

1. Scanning or photographing another person's face without that person's consent
2. Importing into the App, storing, or providing to any third party another person's scan data, photographs, or other biometric information without that person's consent
3. Where another person's face is scanned with their consent, failing to obtain the consent of a legal representative or other authorized person where that individual is a minor or otherwise unable to give informed consent
4. Conduct that violates laws, regulations, or public order and morals, and conduct connected with criminal activity
5. Reverse engineering, decompiling, disassembling, analysing, reproducing, modifying, or creating derivative works of the App or the Service, or any similar act
6. Circumventing, or attempting to circumvent, the authentication, billing, or access control mechanisms of the App
7. Destroying or interfering with the functioning of the servers or networks used for the Service
8. Conduct that interferes with, or is likely to interfere with, the operation of the Service
9. Gaining, or attempting to gain, unauthorized access
10. Impersonating another User or any third party
11. Collecting or accumulating personal information about other Users
12. Using the Measurements, Scores, or other content displayed by the App as a basis for medical diagnosis, determination of health status, recruitment or selection decisions, or any other evaluation of an individual or discriminatory treatment
13. Directly or indirectly providing benefits to anti-social forces in connection with the Service
14. Using the Service for commercial purposes, or reselling, lending, or sublicensing it to third parties (except with the Company's prior written consent)
15. Any other conduct that the Company reasonably determines to be inappropriate

Information about a person's face is particularly sensitive. If you scan anyone other than yourself, always explain the purpose in advance and obtain their clear consent.

1. All intellectual property rights in the programs, measurement and scoring algorithms, design, images, three-dimensional model rendering technology, text, Routines and informational content, trademarks, logos, and everything else comprising the App and the Service belong to the Company or the relevant rights holder.
2. The licence to use the Service under these Terms does not assign or transfer any of the rights referred to in the preceding paragraph to the User.
3. The User must not reproduce, republish, transmit to the public, distribute, adapt, or commercially exploit the content contained in the App or the Service without the Company's prior written consent.
4. "BestFace" and the Company's other service names, logos, and marks are trademarks or registered trademarks of the Company.

1. Rights in User Content (including three-dimensional meshes, photographs, Measurements, and Scores generated by a Scan, and notes and answers entered by the User) belong to the User. The Company acquires no such rights.
2. The User represents and warrants that they have the lawful authority to enter and store the User Content in the App.
3. The User grants the Company permission to use User Content to the extent necessary to provide the Service (including storage, synchronization, display, backup, and troubleshooting). The Company will not use User Content beyond that purpose.
4. The Company does not use User Content to train AI models or for any other purpose beyond what is necessary to provide the Service.
5. The specific means by which User Content is collected, stored, and deleted, and whether it is provided to any third party, are set out in the Privacy Policy. By using the Service, the User agrees to the handling described in that policy.
6. The User may delete User Content using the designated function in the App. Deleted data cannot be restored, so please save anything you need beforehand.
7. Except in cases of the Company's intent or gross negligence, the Company is not responsible for the loss, corruption, or irrecoverability of User Content.

1. The Company may suspend or interrupt all or part of the Service without prior notice to Users where it determines that any of the following applies.
   • Maintenance, inspection, or updating of the computer systems used for the Service
   • Force majeure such as earthquake, lightning, fire, power failure, epidemic, or other natural disaster making provision of the Service difficult
   • Failure of computers or telecommunications lines due to an accident
   • A failure in, or a specification change to, Apple's services, operating systems, or APIs
   • A failure in a third-party service used by the Company (billing management, data storage, and the like)
   • Any other case where the Company determines that provision of the Service is difficult
2. The Company may change the content of the Service or terminate its provision. In that case, the Company will notify Users with a reasonable advance notice period, by display in the App or other reasonable means, except in cases of unavoidable urgency.
3. If the Service is terminated during the term of a Subscription, the Company will, in accordance with applicable law, provide guidance on handling through Apple and other reasonable measures.
4. The Company is responsible for damage suffered by a User as a result of any suspension, interruption, change, or termination under this Article only to the extent provided in Article 19.

1. The Company may, without prior notice, restrict a User's use of all or part of the Service, or suspend or delete their account, where any of the following applies.
   • The User has breached any provision of these Terms
   • The User has engaged in conduct falling within the prohibitions in Article 13
   • It transpires that the registered information contains false statements
   • The User fails to respond to contact from the Company for a considerable period
   • Any other case where the Company reasonably determines that use of the Service is inappropriate
2. Except in cases of the Company's intent or gross negligence, the Company is not responsible for damage caused to the User by measures taken under this Article.
3. No refund of Subscription fees is made where use is restricted under this Article. If you wish to cancel, you must do so yourself in accordance with Article 9.

1. The Company makes no warranty, express or implied, that the Service is fit for the User's particular purposes, that it has the functions, accuracy, or usefulness the User expects, that the User's use of it complies with applicable laws or the internal rules of any industry body, or that it will be free of defects.
2. The Company does not warrant the accuracy, completeness, or currency of the Measurements, Scores, Reference Values, Routines, or informational content displayed by the App.
3. The Company gives no warranty in respect of limitations on the Service arising from specification changes or failures in Apple's operating systems, the TrueDepth camera, ARKit, or other APIs.
4. Where a warranty exists that cannot be disclaimed under applicable law, responsibility for that warranty rests with the Company and not with Apple. Apple bears no warranty obligation whatsoever in respect of the App; and if, under applicable law, Apple is nonetheless found to bear such an obligation, Apple's liability is limited to the minimum extent permitted by that law.
5. This Article does not apply to the extent it would be void under the Consumer Contract Act where the contract under these Terms is a consumer contract as defined in that Act.

1. The Company is liable in accordance with applicable law for damage caused to a User in connection with the Service through the Company's breach of contract or tort.
2. Notwithstanding the preceding paragraph, except in cases of the Company's intent or gross negligence, the Company's liability for damages is limited to ordinary damages (excluding lost profits and other damages arising from special circumstances), and the amount is capped at the total amount paid by the User to the Company in respect of the Service (including amounts paid through Apple) during the 12 months preceding the event giving rise to the damage.
3. The preceding paragraph does not apply to damage caused by the Company's intent or gross negligence, or to damage to a User's life, body, or property caused by the Company's breach of contract or tort.
4. The Company is not responsible for any dispute arising between a User and a third party as a result of the User's breach of the prohibitions in Article 13.
5. The Company is not responsible for any consequence arising from a User's use of the Measurements, Scores, or other content displayed by the App as a basis for medical judgement.
6. This Article does not apply to the extent it would be void under the Consumer Contract Act where the contract under these Terms is a consumer contract as defined in that Act.

This Article does not limit any statutory right of a User who is a consumer. Any provision purporting to exclude in full a liability that the Company must bear under applicable law is to be construed as having no effect.

1. The Company is solely responsible for maintenance and support of the App and the Service; Apple has no obligation whatsoever in that regard.
2. The Company is responsible for claims by Users or third parties relating to the App or the Service (including claims concerning product liability, legal compliance, consumer protection, and privacy); Apple bears no such responsibility.
3. If a claim is made that the App or the Service infringes a third party's intellectual property rights, the Company will handle that claim at its own responsibility and expense; Apple bears no responsibility for it.
4. The User represents and warrants that they are not located in any country or region subject to a prohibition or restriction on export or re-export under United States or other applicable law, and that they are not listed on any applicable list of sanctioned parties.
5. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon the User's acceptance of these Terms, Apple acquires the right as a third-party beneficiary to enforce these Terms against the User.

1. The User may not assign to any third party, or offer as security, its position under the contract of use or any right or obligation under these Terms, without the Company's prior written consent.
2. Notices and communications between the User and the Company shall be made by the means designated by the Company. The Company may give notice by posting within the App or on its website.

1. The Company may amend these Terms in accordance with Article 548-4 of the Civil Code of Japan where there is a reasonable need to do so, including a change in law or in the content of the Service.
2. Where these Terms are amended, the Company will publicize the amended content and the date it takes effect by posting on this page or by other appropriate means. Where an amendment is materially disadvantageous to Users, a reasonable advance notice period will be given before it takes effect.
3. The amended Terms apply from the effective date determined by the Company. A User who continues to use the Service after that date is deemed to have agreed to the amended Terms.
4. If you do not agree to the amended Terms, please cancel your Subscription in accordance with Article 9 and discontinue use of the Service.

1. The formation, effect, performance, and interpretation of these Terms are governed by the laws of Japan.
2. In the event of a dispute between the Company and a User concerning the Service or these Terms, the Tokyo District Court shall be the exclusive court of first instance by agreement.

Company:

fre-ease Inc.

Service:

BestFace

Contact:

m.takahashi@fre-ease.com

For questions about these Terms or requests concerning the handling of your data, please contact us at the address above. For cancellation and refunds, please see Articles 9 and 10 respectively.