END USER LICENSE AGREEMENT

Apple Store: ForeverBeauty Face Yoga Makeup.

Play Store: Forever Beauty Skincare Makeup

Apple Store: MirrorMate

It is licensed to You (End-User) by Smart Mirror LLC, located in Houston, Texas.

("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. The Licenser, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Users acknowledge that they had the opportunity to review the Usage Rules and this License Agreement is not conflict with them.

Apple store: ForeverBeauty Face Yoga Makeup. Play Store: Forever Beauty Skincare Makeup when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Apple store: ForeverBeauty Face Yoga Makeup. Play Store: Forever Beauty Skincare Makeup is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

THE APPLICATION

Apple store: ForeverBeauty Face Yoga Makeup. Play store: Forever Beauty Skincare Makeup ("Licensed Application") is a piece of software created to help people look beautiful, improve their skin conditions, get makeup solutions and personalized products, etc., and customized for iOS and Android mobile devices ("Devices"). It is used to Analyze facial concerns, offer expert online sessions, and provide solutions and product links from third-party brands.

Furthermore, it is used to

*Experiment with different makeup looks: The app has an expert virtual makeup session, face scan allows users to improve their after-makeup looks. Personalized content library with different makeup looks. This can be helpful for finding new looks. AI skincare facial detection shows 16+ facial parameters such as acne, dark circles so on.
* Creating a makeup look for a special occasion: The app offers a variety of makeup tutorials for special occasions, such as weddings, proms, and job interviews. Users can find a tutorial or call for a session with an expert and achieve a makeup look that they like.
* Learning about skincare ingredients and home
remedies: The app provides information about different skincare ingredients, such as their benefits and how to use them. This can be helpful for users who want to learn more about skincare and how to choose the right products for their needs.
* Tracking skincare progress: The app allows users to track their skincare progress over time based on a face scan analysis. This can help users to see what is working well for their skin and to make adjustments to their routine as needed.
* Finding the right skincare and makeup products: The app recommends skincare and makeup products based on the user's skin type and concerns. This is products are shown on the websites of third-party brands. This can help users find the right products for their needs and avoid wasting money on products that won't work for them.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2. This license will also govern any updates of the Licensed Application provided by the Licensor that replaces, repair, and/or supplement the first Licensed Application unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Licenser's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor prior written consent).

2.5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used.

2.6. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7. The Licensor reserves the right to modify the terms and conditions of licensing.

Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1. The Licensed Application requires a firmware version of iOS 13 and above or higher. Licensor recommends using the latest version of the firmware.

3.2. The licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted the right to claim such an update.

3.3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4. The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2. The Licenser and the end user acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4.3 Our terms of service

5. USE OF DATA

You acknowledge that the Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information and that the Licensor's use of such material and information is subject to Your legal agreements with the Licensor and Licensor's privacy policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of this License Agreement or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. LIABILITY

8.1. The Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.2. Licensor takes no accountability and responsibility in case of When using the Forever Beauty App, information will be transmitted over a medium that may be beyond the control and jurisdiction of Forever Beauty and its third-party brands. Accordingly, Forever Beauty and its Licensors assume no liability for or relating to the use, delay, failure, interruption, or corruption of any data/content, including selfie images/photographs or other information collected or transmitted in connection with the use of the App. The Forever Beauty App and the content are provided on an "as is" basis. Forever Beauty, ITS LICENSORS, AND ITS BRAND SUPPLIERS, TO THE FULLEST EXTENT

PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-

INFRINGEMENT OF THIRD PARTIES' RIGHTS FOR PARTICULAR PURPOSE. Forever Beauty App, its licensors, its suppliers, or any third parties mentioned on the Forever Beauty App are not liable for any personal injury, including death, caused by your use or misuse of the App or Content. Any claims arising in connection with your use of the App or any Content must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

9. WARRANTY

9.1. Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. The licensor warrants that the Licensed Application works as described in the user documentation.

9.2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Licensor sphere of influence that affect the executability of the Licensed Application.

9.3. You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of one hundred twenty (120) days after discovery.

If we confirm that the Licensed Application is defective, Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.4. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.5. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.

10. PRODUCT CLAIMS

Licensor and the End-User acknowledge that Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to:

product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
Claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact info@foreverbeautyapp.com.

13. TERMINATION

The license is valid until terminated by the Licensor or by You. Your rights under this license will terminate automatically and without notice from the Licensee, if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The Licensor represents and warrants that it will comply with applicable third-party terms of agreement when using a Licensed Application.

In accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

The Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the end-user possession and use of that Licensed Application infringes on the third party's intellectual property rights Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2. Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Last updated 30/10/24