Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and CYBERSKIN DESIGN USA LIMITED ("CYBERSKIN," "we," "us," or "our") governing your access to and use of the CYBERSKIN mobile application, software, connected-device functionality, online services, community features, artificial intelligence features, and related services (collectively, the "Services").
Please read these Terms carefully before using the Services.
By downloading, installing, accessing, creating an account for, connecting a CYBERSKIN device to, purchasing digital services through, or otherwise using the Services, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, do not use the Services.
1. Eligibility and Adult-Only Service
CYBERSKIN provides products and services intended exclusively for adults.
You may use the Services only if:
- You are at least 18 years old;
- You have reached the legal age of majority applicable in your jurisdiction;
- You have reached the minimum legal age required to access adult-oriented products or services in your jurisdiction, if that age is higher than 18; and
- You are legally capable of entering into a binding agreement.
By using the Services, you represent and warrant that you meet these requirements.
The Services are not intended for minors.
If we reasonably believe that an account belongs to or is being used by a minor, we may suspend or permanently terminate the account and delete associated content or information as permitted or required by law.
2. About the CYBERSKIN Services
The Services may include features such as:
- Connecting to compatible CYBERSKIN products through Bluetooth or other supported technologies;
- Controlling compatible device functions;
- Creating and saving device-control programs, patterns, modes, or presets;
- Playing synchronized device-control sequences;
- Sound-responsive features;
- Video synchronization features;
- AI-assisted content or motion analysis;
- Account synchronization;
- Community content;
- Sharing or discovering device-control programs;
- Firmware or device software updates;
- Customer support;
- Premium features, subscriptions, or other digital services.
Features may differ depending on your country, device model, firmware version, operating system, App version, subscription status, or other technical factors.
We may add, modify, suspend, replace, or discontinue features from time to time.
3. Account Registration
Some features require a CYBERSKIN account.
You agree to provide accurate information when creating and maintaining your account.
You are responsible for:
- Maintaining the confidentiality of your login credentials;
- Activities conducted through your account;
- Maintaining reasonable security on your mobile device;
- Promptly notifying us if you believe your account has been compromised.
You may not sell, rent, transfer, share, or commercially trade your account without our written permission.
You may not impersonate another person or create accounts using false or misleading identities.
We may require additional verification when reasonably necessary to protect users, prevent fraud, comply with law, or protect the Services.
4. License to Use the App
Subject to your compliance with these Terms, CYBERSKIN grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the App on devices that you own or control solely for personal, lawful, and non-commercial purposes.
This license does not transfer ownership of the App or any CYBERSKIN intellectual property to you.
Except where permitted by applicable law, you may not:
- Copy, redistribute, sell, rent, lease, sublicense, or commercially exploit the App;
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the App;
- Circumvent security, authentication, access-control, subscription, or technical protection mechanisms;
- Modify or create unauthorized derivative works of the App;
- Use automated tools to scrape or extract information from the Services;
- Interfere with servers, networks, APIs, Bluetooth communication, device protocols, or security systems;
- Use the Services to develop or operate a competing service through unauthorized access to CYBERSKIN technology.
Nothing in these Terms limits rights that cannot lawfully be restricted.
5. Connected Devices and Bluetooth Control
Certain Services allow the App to communicate with compatible physical CYBERSKIN devices.
You acknowledge that connected-device functionality may depend on:
- Bluetooth availability;
- Wireless interference;
- Mobile operating-system restrictions;
- Device battery level;
- Firmware compatibility;
- Network availability;
- App permissions;
- Hardware condition;
- Other technical conditions outside CYBERSKIN's reasonable control.
Commands transmitted to a connected device may occasionally be delayed, interrupted, duplicated, or fail to execute because of wireless or technical conditions.
You should always remain able to manually stop or disconnect a connected device where the product supports such functionality.
Safe Device Use
You are responsible for using CYBERSKIN devices in accordance with:
- The applicable product manual;
- Safety instructions;
- Cleaning and maintenance instructions;
- Applicable laws;
- Reasonable personal safety practices.
Stop using a device immediately if you experience pain, injury, numbness, irritation, abnormal heat, mechanical malfunction, or other unexpected physical effects.
Do not use damaged or visibly defective hardware.
CYBERSKIN products and the App are consumer products and are not medical devices unless specifically identified otherwise.
The Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
6. Shared or Remote Device Control
If CYBERSKIN provides a feature that allows another person to control or influence a connected device, you may use that feature only with the informed and voluntary consent of every participant.
You must not:
- Control another person's device without authorization;
- Mislead another person about the type or extent of control being provided;
- Continue control after consent has been withdrawn;
- Use remote-control functionality to harass, threaten, coerce, injure, or exploit another person.
Consent may be withdrawn at any time.
Users should maintain access to any available stop, disconnect, or safety controls when participating in shared or remote-control sessions.
7. Program Play, Presets, and Device-Control Programs
The Services may allow Users to create, upload, publish, share, download, or use device-control programs, patterns, presets, timelines, or similar configurations ("Programs").
Programs created by other Users have not necessarily been tested or endorsed by CYBERSKIN.
You use third-party Programs at your own discretion.
CYBERSKIN may restrict, remove, disable, or modify access to a Program where we reasonably believe that it:
- Creates a safety risk;
- Is technically incompatible;
- Violates these Terms;
- Violates applicable law;
- Infringes intellectual property rights;
- Is abusive, fraudulent, or misleading;
- Violates applicable platform rules.
8. AI and Automated Features
The Services may include artificial intelligence, computer vision, audio analysis, motion analysis, synchronization, recommendation, or other automated functionality ("AI Features").
AI Features may generate or infer information such as device-control patterns, motion data, synchronization points, recommendations, classifications, or other outputs.
AI-generated or automated outputs may be inaccurate, incomplete, inconsistent, or unsuitable for a particular device or situation.
You are responsible for reviewing and safely using any output before relying on it.
CYBERSKIN does not guarantee that AI-generated outputs will:
- Be completely accurate;
- Match particular media perfectly;
- Operate identically across devices;
- Produce a particular physical result;
- Be free of errors.
You should stop playback or device operation whenever an automated control pattern behaves unexpectedly.
9. Video, Audio, and AI Video Sync
Certain features may allow you to select, upload, process, analyze, or synchronize video, audio, images, URLs, or other media.
By submitting media for processing, you represent and warrant that:
- You own the media or have sufficient rights and authorization to use it;
- Your processing of the media does not violate copyright, privacy, publicity, contractual, or other rights;
- Every person depicted in intimate or sexual content is an adult;
- Every depicted person has consented to the creation and lawful use of that content where consent is required;
- The content is lawful in your jurisdiction.
You must never use CYBERSKIN Services to create, upload, process, synchronize, distribute, or facilitate:
- Child sexual abuse material;
- Sexual content involving or appearing to involve minors;
- Non-consensual intimate imagery;
- Secretly recorded intimate content;
- Sexual exploitation;
- Content obtained through coercion;
- Deepfake or manipulated intimate content depicting an identifiable person without authorization;
- Material whose possession or processing is unlawful.
We may immediately suspend accounts, preserve relevant information where legally required, and report apparent illegal activity to competent authorities where required by law.
10. Community and User-Generated Content
Certain parts of the Services may allow Users to create, upload, publish, comment on, share, rate, or otherwise make content available to other Users ("User Content").
Community features are intended primarily for sharing compatible device Programs, settings, information, discussions, and related content.
CYBERSKIN community features are not intended to operate as a pornography hosting or distribution service.
Public or community User Content may be subject to moderation.
You must not publicly post User Content that:
- Contains illegal material;
- Contains sexually explicit images or videos where such material is prohibited by our Community Guidelines or applicable platform rules;
- Involves minors in sexual or suggestive contexts;
- Contains non-consensual intimate content;
- Promotes sexual exploitation or trafficking;
- Threatens or encourages violence;
- Harasses, bullies, stalks, or threatens another person;
- Reveals another person's private information without authorization;
- Promotes fraud or illegal activities;
- Contains malware or malicious code;
- Infringes copyrights, trademarks, patents, privacy rights, publicity rights, or other rights;
- Impersonates another individual or organization;
- Manipulates ratings or platform functionality;
- Constitutes unsolicited commercial spam.
We may use automated systems and human review to moderate User Content.
Where available, Users may report inappropriate content or block other Users.
CYBERSKIN may remove content, reduce visibility, restrict features, suspend accounts, or permanently terminate accounts for violations.
11. Ownership of User Content
You retain ownership of intellectual property rights that you hold in your User Content.
However, when you intentionally publish User Content through public or community areas of the Services, you grant CYBERSKIN a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, display, distribute, and otherwise process that User Content solely as reasonably necessary to:
- Operate the Services;
- Make your content available to Users you have chosen to share it with;
- Moderate and protect the community;
- Provide technical compatibility;
- Promote content within the CYBERSKIN Services where appropriate.
This license ends when the relevant content is deleted from active Services, except where continued retention is reasonably necessary for backup, security, legal compliance, dispute resolution, or content that has been independently shared by other Users.
You remain responsible for your User Content.
12. Content Moderation and Enforcement
CYBERSKIN may investigate suspected violations of these Terms.
Depending on the circumstances, we may:
- Issue a warning;
- Remove User Content;
- Disable individual features;
- Restrict community access;
- Temporarily suspend an account;
- Permanently terminate an account;
- Block devices or accounts associated with serious abuse;
- Preserve information where legally required;
- Cooperate with lawful requests from authorities.
We are not required to provide advance notice where immediate action is reasonably necessary to protect Users, comply with law, prevent abuse, or respond to serious violations.
Where required by applicable law, we will provide appropriate notice and appeal mechanisms.
13. Intellectual Property
The Services, including the App and all related:
- Software;
- Source and object code;
- User interfaces;
- Designs;
- Graphics;
- Logos;
- Trademarks;
- Product names;
- Algorithms;
- Device protocols;
- Documentation;
- Audio;
- Original content;
- Databases;
- Technology;
are owned by or licensed to CYBERSKIN and are protected by applicable intellectual property laws.
Except for the limited license expressly granted under these Terms, CYBERSKIN reserves all rights.
The CYBERSKIN name, trademarks, product names, logos, and branding may not be used without authorization.
14. Copyright and Intellectual Property Complaints
If you believe content available through the Services infringes your intellectual property rights, contact:
Your notice should provide sufficient information for us to identify the content and understand the basis of your claim.
We may remove or restrict allegedly infringing content and may terminate accounts of repeat infringers where appropriate.
15. Feedback
If you voluntarily provide ideas, suggestions, bug reports, improvement proposals, or other feedback regarding the Services, you grant CYBERSKIN permission to use that feedback without restriction or compensation to you.
This does not transfer ownership of unrelated intellectual property or confidential materials you have not intentionally submitted as feedback.
16. Paid Services, In-App Purchases, and Subscriptions
Certain Services may require payment.
Prices, subscription periods, trial periods, renewal terms, available features, and other material conditions will be shown before purchase.
App Store Purchases
Purchases made through Apple's App Store are billed and managed by Apple and are subject to Apple's applicable payment and subscription terms.
Google Play Purchases
Purchases made through Google Play are billed and managed through Google Play and are subject to Google's applicable payment and subscription terms.
Automatic Renewal
Where a subscription is described as automatically renewing, it will continue to renew unless canceled before the applicable renewal deadline.
You can manage or cancel subscriptions through the platform through which the subscription was purchased.
Canceling a subscription normally stops future renewals but does not necessarily provide a refund for an already-paid subscription period, except where required by applicable law or platform policy.
Deleting your CYBERSKIN account does not automatically cancel an Apple App Store or Google Play subscription.
You should cancel any active platform subscription separately.
17. Physical Products and Purchases
These Terms primarily govern the CYBERSKIN App and digital Services.
Purchases of physical CYBERSKIN products through CYBERSKIN.COM or an authorized retailer may also be subject to separate terms, including applicable:
- Terms and Conditions;
- Shipping Policy;
- Returns and Refund Policy;
- Warranty Policy.
Where a conflict concerns a physical product purchase, the terms applicable to that transaction will govern that transaction.
18. Privacy
Our collection and processing of personal information is governed by the CYBERSKIN Privacy Policy.
By using the Services, you acknowledge that information will be processed as described in that policy.
The Privacy Policy forms part of your relationship with CYBERSKIN but does not reduce rights provided to you under applicable privacy laws.
19. Third-Party Services
The Services may interact with third-party platforms, operating systems, cloud providers, AI providers, content providers, links, websites, or other services.
Third-party services may be governed by their own terms and privacy policies.
You are responsible for complying with applicable third-party terms.
CYBERSKIN is not responsible for independent third-party services that we do not own or control.
20. Firmware and Software Updates
CYBERSKIN may provide App, firmware, security, compatibility, or device software updates.
Some updates may be necessary to:
- Maintain compatibility;
- Address security issues;
- Correct bugs;
- Improve device safety;
- Support new functionality.
Do not disconnect power, terminate an update, or otherwise interfere with a firmware update unless instructed to do so.
We do not guarantee that every older device will support every future feature.
21. Prohibited Conduct
You may not use the Services to:
- Violate applicable law;
- Exploit, abuse, threaten, or harass another person;
- Facilitate sexual exploitation;
- Engage in activity involving sexual content with minors;
- Share non-consensual intimate content;
- Gain unauthorized access to accounts, servers, devices, or networks;
- Distribute malware;
- Circumvent technical restrictions;
- Manipulate or interfere with the Services;
- Fraudulently obtain paid functionality;
- Use another person's account without authorization;
- Infringe intellectual property rights;
- Commercially resell the Services without authorization;
- Use the Services in any manner that creates unreasonable security or safety risks.
22. Suspension and Termination
You may stop using the Services at any time.
Where account deletion is supported, you may request account deletion through the applicable App settings or account-deletion process.
CYBERSKIN may suspend or terminate your access where we reasonably determine that:
- You materially violated these Terms;
- Your activity creates a safety or security risk;
- Your account is associated with fraud or abuse;
- Continued access would violate applicable law;
- Continued access would expose CYBERSKIN or others to significant legal risk;
- You repeatedly violate our community standards.
For minor violations, we may provide notice or an opportunity to correct the violation where appropriate.
Serious violations, including exploitation of minors or non-consensual intimate content, may result in immediate termination.
Termination does not affect provisions that by their nature should survive, including intellectual property, disclaimers, liability limitations, dispute provisions, and accrued payment obligations.
23. Availability of the Services
We work to provide reliable Services but do not guarantee continuous or uninterrupted availability.
Services may be temporarily unavailable because of:
- Maintenance;
- Software updates;
- Server outages;
- Internet failures;
- Bluetooth issues;
- Third-party service failures;
- Security incidents;
- Regulatory requirements;
- Events beyond our reasonable control.
We may modify or discontinue portions of the Services where reasonably necessary.
Where required by law, we will provide appropriate notice regarding material changes affecting paid Services.
24. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
CYBERSKIN does not guarantee that:
- The Services will always be available;
- Every feature will operate without interruption or error;
- Every connected device will maintain a continuous wireless connection;
- AI or synchronization results will be completely accurate;
- User-created Programs will be suitable for every User;
- All defects will immediately be corrected.
Nothing in these Terms excludes warranties, guarantees, consumer rights, or remedies that cannot legally be excluded or limited.
Any express warranty applicable to CYBERSKIN physical hardware is governed by the applicable product warranty terms.
25. Limitation of Liability
To the maximum extent permitted by applicable law, CYBERSKIN and its affiliates, officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Services.
This may include losses resulting from:
- Loss of data;
- Loss of profits;
- Loss of business;
- Service interruptions;
- User Content;
- Third-party services;
- Incompatible or improperly maintained hardware;
- Unauthorized use of your account;
- Failure to follow device safety instructions.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability that cannot lawfully be limited under applicable consumer protection laws.
26. User Responsibility and Indemnification
To the extent permitted by applicable law, you agree to be responsible for claims or losses caused by your unlawful use of the Services, your User Content, or your material violation of these Terms.
Where legally permissible, you agree to indemnify and hold CYBERSKIN harmless from third-party claims resulting from:
- Your unlawful User Content;
- Your infringement of another person's rights;
- Your unauthorized use of another person's content;
- Your intentional misuse of the Services.
This section does not require consumers to indemnify CYBERSKIN for matters for which such an obligation cannot lawfully be imposed.
27. Consumer Rights
Nothing in these Terms is intended to waive rights that cannot lawfully be waived.
If consumer protection laws in your country or region provide you with mandatory rights, those rights continue to apply.
Where these Terms conflict with mandatory consumer law, the mandatory law takes precedence to the extent of the conflict.
28. Governing Law and Disputes
Unless mandatory law in your place of residence requires otherwise, these Terms and disputes arising from them will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
Subject to applicable consumer rights, disputes that cannot be resolved informally may be brought before a court of competent jurisdiction in Delaware, United States.
If applicable law entitles you to bring a claim in the courts of your country or place of residence, nothing in these Terms removes that right.
Before initiating formal proceedings, we encourage you to contact:
so that we may attempt to resolve the issue.
29. International Use and Export Compliance
You are responsible for complying with laws applicable to your use of the Services.
You represent that you are not prohibited from using the Services under applicable trade sanctions or export-control laws.
Where required for applications distributed through Apple's App Store, you also represent that you are not located in a jurisdiction subject to applicable U.S. government embargo restrictions and are not listed on applicable U.S. government prohibited or restricted-party lists.
30. Special Terms for Apple App Store Users
If you downloaded the App through Apple's App Store, the following additional terms apply.
Agreement With CYBERSKIN
These Terms are between you and CYBERSKIN, not Apple.
CYBERSKIN, not Apple, is responsible for the App and its content.
License
Your license to use the App on Apple-branded products is limited, non-transferable, and subject to the applicable App Store Usage Rules, including permitted use through features such as Family Sharing where applicable.
Maintenance and Support
CYBERSKIN is responsible for maintenance and support of the App as required under these Terms or applicable law.
Apple has no obligation to provide maintenance or support for the App.
Warranties
CYBERSKIN is responsible for warranties applicable to the App to the extent required by law.
If the App fails to conform to an applicable warranty, you may notify Apple where permitted under Apple's applicable terms. Apple may refund any purchase price paid for the App, if applicable.
To the maximum extent permitted by law, Apple has no other warranty obligations regarding the App.
Product Claims
CYBERSKIN, not Apple, is responsible for addressing claims relating to the App or your possession or use of the App, including applicable product-liability, regulatory, consumer-protection, and privacy claims.
Intellectual Property Claims
If a third party claims that the App or your use of the App infringes that party's intellectual property rights, CYBERSKIN, not Apple, is responsible for investigating, defending, settling, or otherwise addressing that claim as required by applicable law.
Third-Party Terms
You must comply with applicable third-party terms when using the App.
Apple as Third-Party Beneficiary
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the provisions applicable to the Apple-distributed App.
Upon your acceptance of these Terms, Apple will have the right to enforce those applicable provisions against you as a third-party beneficiary.
31. Changes to These Terms
We may update these Terms to reflect changes in:
- Our Services;
- Business practices;
- Technology;
- Security requirements;
- Applicable laws;
- App-store requirements.
When we make material changes, we will update the "Last Updated" date and provide additional notice where required by law.
If applicable law requires affirmative consent to a material change, we will request such consent.
Continued use of the Services after an update becomes effective constitutes acceptance of the revised Terms where permitted by law.
32. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will remain in effect.
33. No Waiver
Failure by CYBERSKIN to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
34. Entire Agreement
These Terms, together with the CYBERSKIN Privacy Policy and any additional terms expressly applicable to particular Services, constitute the agreement between you and CYBERSKIN concerning your use of the App and Services.
Separate terms may govern purchases of physical CYBERSKIN products.
35. Contact Us
If you have questions, complaints, or claims regarding the CYBERSKIN App or these Terms, please contact:
CYBERSKIN DESIGN USA LIMITED
Address:
3513 Concord Pike, Suite 3100
Wilmington, DE 19803
United States
Email: [email protected]
Telephone: +1 (920) 509-3042