Terms and Conditions

These Terms and Conditions ("Terms") form a binding agreement between See Stella Pty Ltd (ACN 669 216 924) ("Stella", "we", "us", "our") and the individual who accesses or uses the Stella websites, mobile applications, or any related services (collectively, the "Services"). By accessing the Services you acknowledge that you have read and understood these Terms and our Privacy Policy, and agree to be bound by them.

1. Overview

1.1 Agreement to Terms

By clicking "Create Account," "I Accept," or otherwise accessing the Services, you acknowledge that you have read and understood these Terms and our Privacy Policy (together, the "Agreement") and agree to be bound by them.

1.2 No Acceptance Means No Use

If you do not agree to this Agreement, you must not access or use the Services.

1.3 Updates to Terms

We may update these Terms from time to time. Minor updates (purely administrative fixes or clarifications that don't affect your rights or fees) take effect immediately upon posting. Material updates (changes to how the Services work or to your legal rights, but not to price) — we'll give you at least 14 days' notice. Price changes (any increase to subscription fees) — we'll give you at least 30 days' notice.

We'll notify you by email and/or in-app message. If a later effective date is stated in the notice, the changes apply from that date. If we must change the Terms immediately to comply with a law, a court order, or to address security vulnerabilities, those changes take effect immediately.

1.4 Your Options

If you do not agree with a change, you may cancel your subscription and delete your account before the effective date of that change.

1.5 Eligibility

You must be at least 18 years old and resident in a country where Stella is currently offered to open an account. We do not knowingly collect personal information from children under 18. If we discover we have done so, we will delete it promptly.

1.6 Electronic Communications Consent

You consent to receive all communications from us electronically (including email, push notifications, and in-app messages). This satisfies any legal requirement that such communication be in writing.

2. Definitions

"Account" means the user profile created when you register to access the Services.

"Affiliate Partner" means any third-party organisation — including healthcare professionals, clinics, skincare brands, digital health companies, or influencers — that has entered into a commercial arrangement with Stella.

"Agreement" collectively refers to these Terms, the Privacy Policy, and any additional terms referenced herein.

"Biometric Data" means data generated from a facial image or similar physiological characteristics that can identify, or assist in identifying, an individual — including facial geometry, skin texture maps, and derived scores.

"Consumer Health Data" (CHD) means any personal data that identifies a user's past, present, or future physical or mental health status, as defined under applicable US state law.

"Personal Information" means information that identifies, relates to, describes, or is reasonably capable of being associated with a particular individual.

"Sensitive PI" means Personal Information subject to heightened protections (e.g., Biometric Data, health metrics, precise geolocation, login credentials, financial information, and analytics derived therefrom).

"Services" refers to the websites located at seestella.co and any subdomains, the Stella mobile application, and all related features and content.

"Stripe" means Stripe Inc. and its affiliates providing payment processing for paid subscriptions and product purchases.

3. Core Terms & Governing Law

3.1 Governing Law

This Agreement is governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles. Additional state-specific rules apply where required (see Sections 6 and 7).

3.2 Dispute Resolution

Australian Users. Any dispute that cannot be resolved informally within 30 days will be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.

U.S. Users. Except for claims that qualify for small-claims court, any dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration under the JAMS Streamlined Arbitration Rules. The seat of arbitration will be Los Angeles, California; one arbitrator will preside. You may opt out of arbitration by sending a written notice to legal@seestella.co within 60 days of first accepting these Terms.

3.3 Class-Action Waiver

To the fullest extent permitted by law, both parties waive any right to participate in a class action, class arbitration, or representative proceeding.

3.4 Limitation of Liability & Disclaimer of Warranties

"As Is" Services. The Services are provided "as is" and "as available", without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement.

Indirect Damages Excluded. To the maximum extent permitted by law, Stella will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits, arising from your use of the Services.

Liability Cap. Stella's total aggregate liability arising out of or related to the Services will not exceed the greater of AUD $100 or the total fees you paid to Stella in the 12 months preceding the claim.

Non-Excludable Rights. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other applicable law that cannot be excluded.

4. Subscription & Billing

4.1 Free Trial Terms

New users receive a free trial for the period advertised at sign-up. Some trial promotions may require a valid credit or debit card at sign-up — if so, your card will be charged automatically at the end of the trial unless you cancel beforehand. Trials are limited to one per person, payment method, and device ID.

4.2 Subscription Fees & Auto-Renewal

After the trial, you will be charged the subscription fee displayed at checkout for your locale (AUD, USD, or other supported currency). Fees are billed monthly in advance through Stripe. By completing checkout, you authorise us to charge your payment method on each renewal date. We will give you 30 days' notice before any price increase.

4.3 Cancellation

You may cancel at any time by navigating to Account → Manage Plan → Cancel Subscription in the mobile app, or by emailing support@seestella.co. Cancellation takes effect at the end of the current billing period; you retain access until then.

4.4 Renewal Reminders

We'll email and/or push-notify you at least 3 days before each monthly billing date. For plans with an initial term of 12 months or more, we'll send a reminder 15–45 days before the renewal date.

4.5 Refunds & Chargebacks

Subscription fees are non-refundable once a billing period has started, except where required by applicable law. If we make a billing error, notify us within 60 days and we will investigate and, if warranted, refund the excess. Filing a chargeback without contacting us first may result in immediate account suspension.

4.6 Taxes & Currency

Australia. Prices are inclusive of GST. A tax invoice will be issued on request. United States. Prices exclude state sales tax, which is calculated at checkout. Foreign Exchange. Stripe converts currency at prevailing rates; your bank may add foreign-transaction fees for cross-border billing.

5. Biometrics & Wearables

5.1 Data Collected

When you use the Services, we may collect and process:

• High-resolution facial photographs and derived skin-related attributes — including facial geometry, wrinkle depth, redness index, pigmentation patterns, moisture level, and derived skin scores.
• Wearable metrics such as heart-rate variability (HRV), resting heart rate, sleep stages and duration, step count, and menstrual cycle data (if you link a compatible device).
• Device and usage data: device model, OS version, IP address, and in-app interaction events.

5.2 Informed Consent

Facial Scan Consent. Before your first skin scan, the app presents an on-screen consent explaining what Biometric Data we capture, why we collect it, our 3-year retention policy, and how to revoke consent. You must tap "I Consent" to proceed.

Wearables Consent. When you link a wearable, an OAuth screen displays the data categories requested. Biometric and wearable consents are independent of the general Account acceptance.

5.3 Permitted Uses

We use Biometric Data and Consumer Health Data solely to generate skin-health metrics, trends, and contextual in-app insights; improve and test our machine-learning models; and fulfil legal obligations. We never sell or rent Biometric Data or Consumer Health Data, share such data with third-party advertisers, or use it for employment or insurance decisions.

5.4 Retention & Deletion (Max 3 Years)

We retain raw facial images and derived Biometric Data for up to three (3) years from the date of collection, after which they are securely deleted or irreversibly anonymised. You can request deletion at any time by deleting your account in-app or by emailing privacy@seestella.co.

5.5 Your Rights

You have the right to disable scans or wearable sync at any time; request a machine-readable copy (JSON/CSV) of your Biometric Data; request early deletion; and lodge a complaint with the OAIC or the relevant US state regulator.

6. Consumer Health Data Addendum

6.1 Applicability

This Addendum applies if your primary residence is in Washington, Nevada, Connecticut, or Colorado, and the applicable Consumer Health Data laws in your state are in force.

6.2 Data Categories & Opt-In

Biometric CHD (facial images, wrinkle depth, redness index) — default Off until you tap "I Consent" on first scan. Physiological CHD (HRV, resting heart rate, sleep stages) — default Off until you link a wearable and tap "Allow." Lifestyle CHD (step count, UV exposure) — default Off until you link a wearable and tap "Allow."

6.3 Our Commitments

• No Sale or Rent of CHD. We do not and will not sell or rent CHD as defined under WA RCW 19.373.010(16) or NV SB370 §4.
• No Cross-Context Behavioural Advertising. We do not use CHD for third-party or cross-context behavioural advertising.
• No Geofenced Ads. We do not use location-based advertising within 2,000 feet of a healthcare facility, as prohibited by applicable state law.
• Data Minimisation. Access to identifiable CHD is restricted to personnel with a need-to-know role, is logged, and is periodically reviewed.
• Written Agreements with Processors. All sub-processors handling CHD are bound by contractual data protection requirements equivalent to those applicable to Stella.

6.4 Your Rights

You have the right to Access — receive a list of CHD categories collected and a copy of the data; Deletion — request that we delete your CHD; Portability — receive your CHD in JSON or CSV format; Withdrawal of Consent — turn off any data category and stop future collection. To exercise any of these rights, contact privacy@seestella.co.

7. CPRA Sensitive PI Addendum

This Addendum supplements our Privacy Policy. Categories of Sensitive Personal Information we collect:

• Biometric information — Facial photographs and derived skin attributes. Used to generate skin scores. Disclosed to cloud infrastructure providers under written contract.
• Health information — HRV, sleep stages, menstrual data (if wearable linked). Used to contextualise skin scores.
• Login credentials — Email address and encrypted password hash. Used for authentication only.
• Financial information — Payment method details (tokenised). Processed exclusively by Stripe; Stella does not store raw card numbers.

7.2 Right to Limit Use of Sensitive PI

California residents have the right to limit our use and disclosure of Sensitive PI to that which is necessary to perform the Services. To exercise this right, contact privacy@seestella.co.

7.3 Do-Not-Sell / Do-Not-Share

We do not sell or share Sensitive PI, or any Personal Information, for cross-context behavioural advertising. To opt out or exercise any California privacy right, email privacy@seestella.co. Requests are processed within 15 business days.

8. Affiliate & Practitioner Disclosure

8.1 Nature of Affiliate Relationships

Certain healthcare professionals or clinics may pay Stella a fee or earn a commission when you book through our platform. When you click a product link to our storefront or a third-party retailer, Stella may earn a referral fee. All such relationships are disclosed at the point of recommendation.

8.2 Ranking & Sponsored Slots

Practitioner and product rankings may consider proximity to your location, user review scores, clinical credentials, and paid sponsorship status. Paid promotions appear only in clearly labelled "Sponsored" positions. Payment alone does not guarantee top placement. All Affiliate Partners must meet Stella's minimum quality standards.

8.3 Disclosures

Any recommendation or link that could earn Stella or an Affiliate Partner compensation will feature a clear "Sponsored" or "Affiliate" label. When recommendations are shared outside the app (e.g., in email newsletters), disclosures are included in the communication.

9. Medical & Results Disclaimer

9.1 No Medical Advice

Stella is not a healthcare provider, and the Services do not create a doctor-patient relationship. Always seek the advice of your physician, dermatologist, or other qualified health provider with any questions about a medical condition.

9.2 Individual Variability & No Guaranteed Results

Skin biology is highly individual and influenced by genetics, environment, lifestyle, and product use. Results from using Stella will vary from person to person. No specific outcome is guaranteed.

9.3 Regulatory Status

The Services are marketed as a cosmetic and wellness tool. They are not cleared or approved by the U.S. Food and Drug Administration (FDA), the Therapeutic Goods Administration (TGA), or any equivalent regulatory body as a medical device or diagnostic tool.

10. Returns, Refunds & Consumer Guarantees

10.1 Your Automatic Consumer Rights (Australia)

Goods and services purchased through Stella come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms limits or replaces those statutory rights.

10.2 Return Windows & Processes

Stella-Fulfilled Orders. Return window: 30 days from delivery. Initiate via the Stella Returns Portal using the email address on your order.

Dropship-Partner Orders. Return window: 30 days from delivery (or longer if stated on the product page). Initiate by emailing returns@seestella.co.

Affiliate-Platform Purchases (e.g., Amazon). Return window and conditions are governed by the retailer. Stella cannot issue return authorisations for purchases made directly through third-party platforms.

10.3 Non-Returnable Items

For reasons of hygiene, opened skincare products are generally non-returnable unless defective. Gift cards, personalised items, and digital subscriptions (after any cooling-off period) are also non-returnable.

10.4 Refund Timing

Stella-Fulfilled / Dropship. Refunds to the original payment method within 7–10 business days of receiving and inspecting the returned item.

11. Security & Cross-Border Transfers

11.1 Hosting & Encryption

The Services are hosted on Google Cloud Platform (GCP). All Personal Information is encrypted at rest (AES-256) and in transit (TLS 1.2+). GCP maintains SOC 2 Type II, ISO 27001, and IRAP PROTECTED certifications.

11.2 International Transfers

Your Personal Information may be processed in countries other than your country of residence. All third-party service providers are contractually bound to maintain confidentiality and security measures equivalent to those applicable to Stella.

11.3 Breach Response

If we confirm a breach likely to cause serious harm to personal information, we will notify affected users and relevant authorities within 72 hours of confirmation, or as required by applicable law.

12. Miscellaneous

12.1 Modifications to the Services

Stella may add, remove, or modify features from time to time. Material changes that negatively impact your use will be communicated with at least 14 days' notice.

12.2 Force Majeure

Neither party will be liable for delays or failures in performance caused by circumstances beyond their reasonable control.

12.3 Assignment

Stella may assign this Agreement in connection with a merger or acquisition. You may not assign this Agreement without our prior written consent.

12.4 Severability

If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary. All other provisions remain in full force.

12.5 Entire Agreement

This Agreement constitutes the entire agreement between you and Stella concerning the Services and supersedes all prior agreements.

13. Annex A — Data Processing & Sub-processors

A current list of active sub-processors is maintained at seestella.co/sub-processors. We will post any materially new sub-processor to that page at least 30 days before they begin processing. Primary categories of sub-processors:

• Cloud Infrastructure & Hosting — Google Cloud Platform (GCP)
• Payment Processing — Stripe Inc.
• Authentication & Identity — Firebase Authentication (Google)
• Machine Learning & Computer Vision — proprietary models hosted on GCP
• Analytics & Crash Reporting — Firebase Analytics, Crashlytics
• Email & Push Notifications — Klaviyo / Brevo
• Wearable API Intermediaries — Apple HealthKit, Google Fit, Oura, Fitbit, Whoop, Samsung Health
• E-commerce & Returns — Shopify