Terms of Service

1. Agreement to Terms

Welcome to Aerys. These Terms of Service ("Terms") govern your access to and use of Aerys ("we," "us," "our," or "the Service"), including our website, applications, and all related services.

By creating an account or using Aerys, you agree to these Terms. If you don't agree, you may not access or use the Service.

2. What Aerys Provides

Aerys is an advanced platform for facial measurement and aesthetic analysis. Using computational algorithms, we analyze facial photographs to generate detailed anthropometric data across more than 90 distinct metrics—including measurements like canthal tilt angles, gonial bone structure, proportional ratios, and symmetry scores.

The platform includes interactive visualization tools, morphing technology that demonstrates potential aesthetic modifications, progress tracking capabilities, and comprehensive scoring across four key categories: harmony, sexual dimorphism, angularity, and individual features.

3. Your Content and Our Use of It

3.1 What We Store

When you use Aerys, we collect and store:

• Account details (email, username, profile settings)
• Facial photographs you upload (both frontal and profile views)
• All generated analysis data: measurements, scores, harmony ratings, category assessments
• Morphing simulations and interactive tool data
• Historical records of your analyses for progress comparison

3.2 Your Rights, Our License

You own your photos. We don't claim any ownership over images you upload.

However, by uploading images to Aerys, you grant us a limited license to:

• Process your photos through our analysis algorithms
• Store them securely for providing ongoing service
• Generate measurements, scores, and morphing simulations
• Display them back to you in your account

This license exists solely to operate the Service—we never use your images for marketing, public display, or any purpose beyond what you explicitly requested.

3.3 What You Must Guarantee

By uploading any image, you represent that:

• You have full legal right to upload and have this image analyzed
• The image is either of yourself, or you have explicit informed consent from every person pictured
• No one in the image is under 18 years old
• The content doesn't violate anyone's privacy, rights, or applicable laws

Violating these requirements may result in immediate account termination.

3.4 Public Sharing

You're free to share your own analysis results on social media or elsewhere. However:

• Don't misrepresent results as medical or professional assessments
• Don't share anyone else's results without their permission
• Include appropriate context that this is algorithmic analysis, not professional evaluation

4. Pricing, Billing, and Refunds

4.1 Subscription Plans

Aerys offers both free and paid subscription tiers with different feature access levels. Specific features and pricing are detailed on our website and in your account dashboard.

4.2 How Billing Works

When you subscribe to Pro:

• You authorize us to charge your payment method at the beginning of each billing cycle
• All charges are in United States Dollars (USD)
• Billing is automatic unless you cancel
• Your plan renews monthly until canceled

4.3 Our Refund Terms

We offer a 14-day money-back guarantee with specific conditions:

You're eligible for a full refund if:

• You're within 14 days of your initial purchase, AND
• You haven't actually used the Service yet

"Using the Service" means:

• Generating or unlocking at least one full facial analysis
• Having at least one completed scan in your account (the initial trial scan does not count)

Once you've generated your first analysis OR 14 days have passed, all charges are final.

4.4 Canceling Your Subscription

You can cancel anytime through your account settings. When you cancel:

• You keep Pro access until the end of your current billing period
• No further charges occur
• You automatically revert to Free plan limitations after the paid period ends
• Your data remains accessible, but premium features lock

4.5 We Can Change Prices

Pricing may change at any time. Changes apply to:

• New subscriptions starting after the change
• Renewals of existing subscriptions (you'll be notified in advance)

Your current billing cycle maintains its original price.

4.6 We Can Terminate Your Access

We reserve the right to immediately suspend or terminate your subscription without refund for:

• Terms of Service violations
• Uploading prohibited content (minors, non-consensual images, etc.)
• Attempting to reverse-engineer or resell our technology
• Harassment, abuse, or harmful use of the platform
• Payment disputes or fraud
• Any reason we deem necessary to protect the Service or other users

No explanation required. No refund provided.

5. Rules of Use

5.1 What You Can Do

Aerys is designed for:

• Analyzing your own facial features and tracking changes over time
• Exploring morphing simulations to visualize potential aesthetic modifications
• Analyzing others' faces only with their explicit, informed consent
• Sharing your own results publicly (with appropriate disclaimers)
• Using our tools for personal research and education

5.2 What's Strictly Prohibited

Image Upload Violations:

• Uploading images of anyone under 18 years old
• Analyzing photos without the subject's explicit permission
• Uploading sexually explicit, violent, or disturbing content
• Using images for harassment, bullying, or malicious purposes
• Any illegal activity or violations of applicable laws

Violations result in immediate account termination without refund.

6. Who Owns What

6.1 Aerys Owns the Platform

Everything that makes Aerys work is our property, including our user interface designs, visual elements, trademarks, branding, and logos. These are protected by intellectual property laws.

6.2 You Own Your Photos

Images you upload remain yours. We don't claim ownership.

Analysis results generated by our algorithms are provided for your personal use. You can share them publicly, but you can't resell them or use them commercially without authorization.

7. Important Limitations and Disclaimers

7.1 Nature of Our Service

Aerys provides computational analysis based on facial measurements and anthropometric data. We strive to deliver accurate, science-backed information grounded in established aesthetic principles and research.

However, it's important to understand:

Our analysis is informational, not professional advice.

While we use scientific frameworks and validated measurement techniques, our Service does not provide:

• Medical diagnoses or clinical assessments
• Professional consultations from licensed practitioners
• Recommendations for medical or cosmetic procedures
• Definitive determinations of attractiveness or beauty

Your responsibility to research and verify.

We encourage you to:

• Conduct your own research on any topics of interest
• Consult qualified professionals for medical or aesthetic decisions
• Verify information through multiple sources
• Recognize that beauty and aesthetics involve subjective elements beyond measurement

Aerys is a tool to provide data and insights, but all decisions and interpretations remain your responsibility.

7.2 Aesthetic Subjectivity

Our algorithms utilize mathematical frameworks and anthropometric principles. However, beauty and attractiveness are inherently subjective concepts that vary across:

• Cultural contexts
• Personal preferences
• Individual perspectives
• Situational factors

Our scores represent algorithmic interpretations based on specific measurement criteria, not universal determinations of beauty or worth.

7.3 Accuracy Considerations

While we continuously work to optimize our algorithms and ensure accuracy:

• Measurements are influenced by photo quality, lighting conditions, and camera angles
• Facial landmark detection technology has inherent limitations
• Results may contain variations or uncertainties
• Different photographs of the same individual may yield different measurements

We make no warranties regarding the absolute precision, reliability, or consistency of measurements or scores. Results should be understood as approximations based on the provided images.

7.4 "AS IS" Service Provision

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AERYS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We expressly disclaim all warranties, including but not limited to:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy or completeness of results
• Warranties of uninterrupted or secure operation

7.5 Service Availability

We strive to maintain reliable service operation. However, the Service may be temporarily unavailable due to:

• Scheduled maintenance or system updates
• Technical issues or infrastructure problems
• Third-party service provider disruptions
• Events beyond our reasonable control

We do not guarantee uninterrupted or error-free access to the Service.

7.6 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY IS LIMITED TO $0 (ZERO DOLLARS).

WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• Emotional distress or psychological impact
• Decisions or actions based on our analysis
• Indirect, consequential, special, or punitive damages
• Direct damages of any kind
• Loss of profits, business opportunities, or data
• Personal injury or property damage

This limitation applies regardless of the legal theory of liability (whether in contract, tort, negligence, strict liability, or otherwise) and applies even if we have been advised of the possibility of such damages.

7.7 Indemnification

You agree to indemnify, defend, and hold harmless Aerys and its operators from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Content you upload
• Your breach of these Terms
• Your violation of any third-party rights or applicable laws

8. Account Termination

8.1 Termination Rights

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, and without obligation to provide explanation or refund.

Termination may occur for reasons including, but not limited to:

• Violation of these Terms
• Uploading prohibited content
• Harassment or harmful behavior toward others
• Suspected fraudulent activity or payment disputes
• Creating multiple accounts to circumvent limitations
• Any conduct we determine to be harmful or inappropriate

8.2 Effect of Termination

Upon account termination:

• Access to the Service is immediately revoked
• All data, analyses, and subscription benefits are forfeited
• No refunds will be issued
• Account data may be deleted at our discretion

8.3 User-Initiated Termination

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team to request account deletion

Data handling following account deletion is governed by our Privacy Policy.

9. Privacy and Data Handling

How we collect, use, and protect your information is detailed in our Privacy Policy, which is part of these Terms.

Quick summary:

• We store your images and analysis results securely
• We don't sell your personal data or photos
• You control your data and can request deletion
• See our complete Privacy Policy at /privacy

10. Modifications to Terms

We may modify these Terms from time to time as the Service evolves.

Notification of changes:

• Updated "Last Updated" date will be posted
• Revised Terms will be published on this page
• Significant changes may be communicated via email or in-app notification

Effect of changes:

• Continued use of the Service following changes constitutes acceptance
• If you disagree with modifications, discontinue use and cancel your account

11. Digital Millennium Copyright Act (DMCA) Policy

Aerys respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

11.1 Copyright Agent

If you believe that content on our Service infringes your copyright, please send a written notice to our designated Copyright Agent:

Copyright Agent: dmca@aerys.co

11.2 DMCA Takedown Notice Requirements

To submit a valid DMCA takedown notice, you must provide the following information:

• Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the infringing material: A description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material on our Service (such as URL, screenshot, or specific description).
• Your contact information: Your address, telephone number, and email address.
• Statement of good faith belief: A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• Statement of accuracy: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Signature: Your physical or electronic signature (typing your full name suffices as an electronic signature).

11.3 Our Response to DMCA Notices

Upon receipt of a valid DMCA takedown notice, we will:

• Promptly remove or disable access to the allegedly infringing content
• Notify the user who uploaded the content that it has been removed or disabled
• Provide the user with a copy of the takedown notice
• Inform the user of their right to submit a counter-notification if they believe the content was removed in error

11.4 Counter-Notification Process

If you believe that content you uploaded was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent at dmca@aerys.co.

Counter-notification requirements:

• Your contact information: Your name, address, telephone number, and email address.
• Identification of removed content: Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
• Statement under penalty of perjury: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the federal district courts located in British Columbia, Canada if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.
• Signature: Your physical or electronic signature.

11.5 Reinstatement of Content

Upon receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not file a court action seeking an injunction against the alleged infringement within 10-14 business days, we may restore the removed content at our discretion.

11.6 Repeat Infringer Policy

We maintain a policy of terminating, in appropriate circumstances, accounts of users who are repeat infringers of copyright.

11.7 Misrepresentations

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake may be subject to liability.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Aerys regarding the Service, superseding all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, while the remaining provisions remain in full force.

13.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

13.5 Force Majeure

We are not liable for failures or delays in performance due to circumstances beyond our reasonable control, including natural disasters, wars, pandemics, strikes, government actions, or infrastructure failures.

13.6 Survival

Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

13.7 Governing Language

These Terms are provided in English. Any translations are for convenience only. In case of conflict, the English version governs.

14. Contact Information

For questions regarding these Terms of Service, please contact us at:

General inquiries: terms@aerys.co

Customer support: support@aerys.co

Privacy matters: privacy@aerys.co