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Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using the TopShelf mobile application ("App"), website, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and TopShelf ("TopShelf," "we," "us," or "our").

If you do not agree to all of these Terms, you must immediately stop using the Service and delete the App from your device. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

By tapping "Agree," creating an account, or otherwise using the Service, you confirm your acceptance of these Terms and our Privacy Policy.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

We do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act (COPPA). If we learn that we have collected information from a child under 13 without verified parental consent, we will delete that information promptly.

By using the Service, you represent and warrant that you meet the eligibility requirements stated above and have the legal capacity to enter into these Terms.

3. Description of Service

TopShelf is a skincare technology platform that provides ingredient analysis, personalized product recommendations, skin tracking, and routine management tools. The Service uses algorithms and artificial intelligence ("AI") to analyze product ingredients and generate recommendations based on user-provided skin profiles.

The Service is designed to:

  • Analyze skincare product ingredients using publicly available data and proprietary algorithms
  • Provide personalized product recommendations based on your skin profile and preferences
  • Track your skincare routine and skin condition over time
  • Offer educational information about skincare ingredients

The Service is NOT designed to and does NOT:

  • Provide medical advice, diagnosis, or treatment
  • Replace professional dermatological or medical consultation
  • Guarantee any specific skin outcome or result
  • Test or verify the safety of products for your individual use
  • Serve as an allergy testing or detection service

4. MEDICAL AND HEALTH DISCLAIMER

THIS SECTION CONTAINS IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF THE SERVICE. PLEASE READ IT CAREFULLY.

THE SERVICE IS NOT MEDICAL ADVICE. TopShelf is NOT a medical device, medical application, healthcare provider, or health service. Nothing in the Service should be construed as medical advice, a medical diagnosis, or a treatment recommendation.

THE SERVICE HAS NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA) or any other governmental health authority. The information, recommendations, and analyses provided through the Service are not intended to diagnose, treat, cure, or prevent any disease or skin condition.

NO DOCTOR-PATIENT RELATIONSHIP. Your use of the Service does not create a doctor-patient, therapist-patient, or any other healthcare provider relationship between you and TopShelf, its employees, contractors, or affiliates.

CONSULT A QUALIFIED PROFESSIONAL. You should always consult with a board-certified dermatologist, allergist, or other qualified healthcare professional before starting, changing, or stopping any skincare regimen, especially if you have sensitive skin, known allergies, skin conditions (including but not limited to eczema, rosacea, psoriasis, acne), are pregnant or nursing, or are taking any medications.

NO GUARANTEE OF OUTCOMES. Individual skin responses vary significantly based on genetics, environment, diet, hormones, medications, and other factors. TopShelf cannot and does not guarantee any particular result, improvement, or outcome from using products recommended or analyzed through the Service.

AI AND ALGORITHM LIMITATIONS. The Service uses artificial intelligence and algorithms that may produce inaccurate, incomplete, or inappropriate recommendations. AI-generated content should be treated as informational suggestions only and not as authoritative guidance.

5. PRODUCT RECOMMENDATION AND INGREDIENT ANALYSIS DISCLAIMER

NO ACCURACY GUARANTEE. While TopShelf strives to provide accurate and up-to-date ingredient information, we do not guarantee the accuracy, completeness, reliability, or currentness of any ingredient data, product information, safety ratings, or recommendations provided through the Service.

THIRD-PARTY DATA. Ingredient and product data is compiled from third-party sources, publicly available databases, user contributions, and automated systems. This data may contain errors, omissions, or outdated information. TopShelf is not responsible for the accuracy of third-party data.

FORMULATION CHANGES. Product manufacturers may change formulations, ingredient lists, concentrations, or sourcing without notice. The information displayed in the Service may not reflect the most current formulation of any product.

INDIVIDUAL VARIATION. Ingredient safety and efficacy vary from person to person. An ingredient rated as "safe" or "recommended" by the Service may still cause adverse reactions in individual users due to allergies, sensitivities, interactions with other products, or other personal factors.

NO ENDORSEMENT. The inclusion of any product in the Service does not constitute an endorsement, recommendation, or guarantee by TopShelf. TopShelf may receive compensation from product manufacturers or retailers, and such relationships do not affect the objectivity of our ingredient analysis but may influence product visibility within the Service.

6. USER RESPONSIBILITY AND ASSUMPTION OF RISK

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU USE ALL INFORMATION, RECOMMENDATIONS, AND PRODUCT SUGGESTIONS PROVIDED THROUGH THE SERVICE ENTIRELY AT YOUR OWN RISK.

PATCH TESTING. Before using any new skincare product — whether or not it was recommended by the Service — you are solely responsible for performing a patch test or spot test on a small, inconspicuous area of skin and waiting at least 24–48 hours to check for adverse reactions before full application.

ALLERGY AWARENESS. You are solely responsible for knowing and managing your own allergies, sensitivities, and skin conditions. You must always read the full ingredient list on the actual product packaging before use, regardless of what the Service displays.

ASSUMPTION OF RISK. You expressly assume all risk associated with using any product that you discover, purchase, or use based on information from the Service. This includes, without limitation, the risk of allergic reactions, skin irritation, breakouts, burns, scarring, discoloration, or any other adverse skin reaction or bodily harm.

DUTY TO VERIFY. You acknowledge that the Service is a supplementary informational tool and that you have an independent duty to verify all product ingredient lists, safety information, and usage instructions by reading the physical product label and consulting professional sources.

ADVERSE REACTIONS. If you experience any adverse reaction to a skincare product, you should immediately discontinue use of the product and consult a qualified healthcare professional. TopShelf is not responsible for any adverse reactions you experience.

7. User Accounts

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password associated with your account and for all activities that occur under your account. You agree to notify TopShelf immediately of any unauthorized use of your account or any other breach of security.

TopShelf reserves the right to disable any user account at any time if, in our sole discretion, we determine that you have violated any provision of these Terms.

8. User-Generated Content

The Service may allow you to submit, post, or share content such as skin photos, product reviews, routine logs, and other materials ("User Content"). You retain ownership of your User Content, but by submitting it, you grant TopShelf a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and improving the Service.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third party's rights. TopShelf reserves the right to remove any User Content at its sole discretion, for any reason, without notice.

9. Subscriptions & Payments

TopShelf offers subscription-based access to premium features ("TopShelf Pro"). By purchasing a subscription, you agree to the following:

  • Billing. Payment will be charged to your Apple ID account (or other applicable app store account) at confirmation of purchase.
  • Auto-Renewal. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
  • Cancellation. You may cancel your subscription at any time through your Apple ID account settings (or other applicable app store account settings). Cancellation takes effect at the end of the current billing period. No refunds or credits will be issued for partial billing periods.
  • Refunds. Refund requests are subject to Apple's (or the applicable app store's) refund policies. TopShelf does not directly process refunds for app store purchases.
  • Free Trials. TopShelf may offer free trial periods. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the posted rate.
  • Price Changes. TopShelf reserves the right to change subscription pricing at any time. Price changes will take effect at the start of your next billing period following notice of the change.

10. Intellectual Property

All content, features, functionality, software, code, designs, graphics, logos, trademarks, and other materials associated with the Service (collectively, "TopShelf Content") are owned by TopShelf or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, TopShelf grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. You may not:

  • Copy, modify, or create derivative works of the Service or any TopShelf Content
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove any copyright, trademark, or other proprietary notices
  • Use the Service or any TopShelf Content for commercial purposes without our prior written consent

If you believe that any content on the Service infringes your copyright, please contact us at support@shelf.top with a notice compliant with the Digital Millennium Copyright Act (DMCA).

11. Prohibited Conduct

You agree not to:

  • Use automated systems, bots, scrapers, or similar technology to access, scrape, or extract data from the Service
  • Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
  • Interfere with or disrupt the integrity, security, or performance of the Service
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Use the Service for any commercial purpose not expressly authorized by TopShelf
  • Upload or transmit viruses, malware, or other harmful code
  • Violate any applicable law, regulation, or these Terms
  • Harass, abuse, or harm another user of the Service

12. Third-Party Links and Services

The Service may contain links to third-party websites, products, services, or content that are not owned or controlled by TopShelf. We do not endorse or assume any responsibility for any third-party sites, products, services, or content.

If you access a third-party website, product, or service from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such third-party sites, products, or services. You expressly release TopShelf from any and all liability arising from your use of any third-party website, product, or service.

13. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully for information on how we collect, use, and protect your personal information.

TopShelf is NOT a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). Information you provide to TopShelf, including skin-related data, product usage information, and photos, is not protected health information (PHI) under HIPAA.

We comply with applicable state privacy laws, including the California Consumer Privacy Act (CCPA), as detailed in our Privacy Policy.

14. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPSHELF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, TOPSHELF DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY PRODUCT RECOMMENDED OR ANALYZED THROUGH THE SERVICE WILL BE SAFE, EFFECTIVE, OR SUITABLE FOR YOUR USE; OR (E) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, RECOMMENDATION, OR ANALYSIS PROVIDED THROUGH THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOPSHELF OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPSHELF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TOPSHELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM: (A) ANY ADVERSE SKIN REACTION, ALLERGIC REACTION, OR BODILY HARM RESULTING FROM YOUR USE OF ANY PRODUCT RECOMMENDED, ANALYZED, OR DISCUSSED THROUGH THE SERVICE; (B) ANY ERRORS, INACCURACIES, OR OMISSIONS IN INGREDIENT DATA OR PRODUCT INFORMATION; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (D) ANY THIRD-PARTY CONDUCT OR CONTENT.

IN NO EVENT SHALL TOPSHELF'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO TOPSHELF IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOPSHELF AND YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless TopShelf, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Any adverse skin reaction, allergic reaction, or bodily harm you experience as a result of using any product that you discovered, purchased, or used based on information from the Service
  • Any claim that your User Content caused damage to a third party
  • Your failure to perform a patch test or otherwise take reasonable precautions before using a product

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

17. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BINDING ARBITRATION. You and TopShelf agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.

CLASS ACTION WAIVER. YOU AND TOPSHELF AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

ARBITRATION RULES. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

OPT-OUT RIGHT. You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to support@shelf.top within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, the remainder of these Terms shall continue to apply.

SMALL CLAIMS EXCEPTION. Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court.

18. Termination

TopShelf may terminate or suspend your access to the Service at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, TopShelf may terminate or suspend your account if we reasonably believe you have violated these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 4, 5, 6, 8, 10, 14, 15, 16, 17, and 19.

19. General Provisions

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Force Majeure. TopShelf shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or pandemics.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and TopShelf regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Waiver. The failure of TopShelf to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TopShelf.

Assignment. You may not assign or transfer these Terms or your rights under these Terms without TopShelf's prior written consent. TopShelf may assign these Terms without restriction.

Electronic Communications. By using the Service, you consent to receiving electronic communications from TopShelf, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

20. Apple-Specific Terms

If you access the Service through the Apple App Store, the following additional terms apply:

  • These Terms are between you and TopShelf only, and not with Apple Inc. ("Apple"). TopShelf, not Apple, is solely responsible for the Service and its content.
  • Apple has no obligation to provide any maintenance or support services for the Service.
  • In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, any claim that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the Service or your use of the Service infringes a third party's intellectual property rights, TopShelf, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21. Changes to Terms

TopShelf reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. If we make material changes, we will notify you by posting the updated Terms within the App, updating the "Last updated" date at the top of this page, and/or sending you a notification through the Service.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete the App.

22. Contact

If you have any questions, concerns, or feedback about these Terms of Service, please contact us at:

Email: support@shelf.top