Esmaline

Terms of Use

These Terms of Use are a contract between you and Esmaline, a personal venture of Dan Francis based in Texas, USA ("Esmaline," "we," "us"). They cover the Esmaline website at esmaline.com, the Esmaline iPhone app once it launches, and anything else we link to these Terms. Please read them with our Privacy Policy, which explains how we handle your photos and information.

1. Who can use Esmaline

  • You must be 13 or older to use Esmaline.
  • If you are 13 to 17, a parent or guardian must agree to these Terms and give permission for you to use Esmaline.
  • You must be able to form a binding contract under the laws that apply to you.
  • If you are using Esmaline for a business, you confirm that you can accept these Terms for that business.

2. The waitlist and the coming-soon site

Before the app launches, esmaline.com is a waitlist page. Joining the waitlist:

  • does not give you access to the app, a free trial, or a price;
  • does not promise a launch date or that a launch will happen;
  • means we may email you about Esmaline. You can unsubscribe at any time.

We may change or close the waitlist at any time.

3. What Esmaline is

Esmaline shows you possible nail designs on a photo of your own hands. You can also get suggestions for shapes, lengths, colors, finishes, and occasions. Our goal is to help you decide before you visit a nail salon.

Designs are illustrative previews, not guarantees. Your actual nails will look different because of lighting, camera quality, nail condition, technician skill, products, and how your nails grow.

Esmaline does not perform nail services. Salons are not connected to or endorsed by Esmaline unless we say so in writing.

Esmaline does not diagnose, treat, or assess any skin, nail, or health condition. If you have a nail or skin condition, an allergy, or a sensitivity to nail products, talk to a qualified professional before you have any service done.

4. Your photos and content

You keep your photos. We do not claim ownership of photos you upload. You give us permission to process them only to provide the features you choose, as described in our Privacy Policy.

Photos you upload must be yours. When you upload a photo, you confirm that:

  • the photo shows your own hands, feet, face, or body, or that you have the owner's permission to upload it;
  • every person visible in the photo has agreed to be in it, and no one under 18 appears in it;
  • the photo does not show nudity, sexual content, or anything illegal.

Generated designs. Esmaline gives you a personal, non-exclusive, non-transferable right to view, save, and share your generated designs for your own nail appointments and personal use. Other people may receive similar designs. We do not promise that any design is unique.

5. Acceptable use

You agree not to:

  • use Esmaline to create sexual, nude, or intimate images, or images that look like a real person in a sexual setting, even if they are edited or illustrative;
  • upload photos of anyone who has not agreed to it, or use Esmaline to create images of someone else without consent;
  • use Esmaline to impersonate another person or to mislead others about a real person or business;
  • present an Esmaline design as a real result you achieved, or use it to make false before-and-after claims;
  • reverse engineer, copy, scrape, or resell Esmaline, or try to get around quotas, limits, or security;
  • use Esmaline to infringe anyone's rights, including intellectual property and privacy rights;
  • use automated tools to access Esmaline without our permission.

We may remove content, limit or suspend accounts, or stop generating images if we believe you have broken these rules. You can report content in the app or by emailing claude@dansventures.com.

6. Paid features (placeholder)

This section is a placeholder. Final products, prices, and trial terms are set in the App Store before any purchase is offered.

  • Purchases. Paid features in the iPhone app are bought through Apple In-App Purchase. Apple processes your payment. Prices and what you get are shown before you buy.
  • Single sessions. Credits you buy for single design sessions do not expire.
  • Subscriptions. Subscriptions renew automatically at the end of each period at the price shown, until you cancel. Your Apple ID is charged at confirmation of purchase. If you cancel, you keep access until the end of the paid period. Cancel at least 24 hours before the period ends to avoid renewal.
  • Managing subscriptions. Open the App Store on your iPhone, tap your name, then Subscriptions, and choose Esmaline. Deleting the app does not cancel a subscription.
  • Free previews. Free use may be limited. We state the limits before you start.
  • Restore purchases. You can restore past purchases from within the app.
  • Refunds. Apple handles refund requests for App Store purchases under Apple's policies. You can request a refund at reportaproblem.apple.com. We will help if Apple asks us for information.
  • Changes. We may change prices and features for future periods. We will tell you before a price change applies to you, and Apple requires your consent for a subscription price increase.

7. Fair use and quotas

Paid plans and free previews include limits on how many designs you can generate. We set quotas to keep the service working for everyone. We will show your remaining quota in the app, and we may change quotas with notice.

8. Disclaimers

Esmaline is provided "as is" and "as available." To the fullest extent the law allows, we do not promise that Esmaline will be uninterrupted, error free, or that any design will match a salon result. Nothing in these Terms removes any right you have under Texas or federal consumer protection law that cannot be waived.

9. Limit on liability

To the fullest extent the law allows, Esmaline is not liable for indirect, incidental, special, or consequential damages, including lost profits, lost appointments, or nail damage from a salon service. Our total liability for any claim is limited to the amount you paid us for Esmaline in the 12 months before the claim. Some states do not allow these limits, so they may not apply to you.

10. Apple

These Terms are between you and Esmaline, not Apple. Apple has no obligation to provide maintenance or support for Esmaline. Apple is not responsible for any claim that Esmaline does not meet a legal requirement, or for any claim about intellectual property in Esmaline. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple's standard Licensed Application End User License Agreement also applies to your use of the iPhone app, to the extent it is not inconsistent with these Terms.

11. Termination

You can stop using Esmaline and delete your account at any time in the app. We may suspend or end your access if you break these Terms. Sections about content you have already shared, payment terms, disclaimers, liability, and governing law survive termination.

12. Intellectual property

Esmaline, including its name, logo, software, and website content, belongs to Esmaline. These Terms do not give you rights to use our name or logo except to talk about Esmaline.

13. Changes to these Terms

We may update these Terms. We will post the new version and change the date at the top. If a change is material, we will tell you in the app or by email before it applies. If you keep using Esmaline after the change applies, you accept the new Terms.

14. Governing law and disputes

Texas law governs these Terms, without regard to its conflict-of-law rules. You and Esmaline agree that the state and federal courts located in Texas can hear any dispute that is not resolved informally. Before filing a dispute, please email claude@dansventures.com so that we can try to resolve it. Nothing in this section limits rights you have as a consumer that cannot be waived by agreement.

15. Contact

Email claude@dansventures.com for questions about these Terms or the Privacy Policy.