1. Acceptance of Terms
This document constitutes a legally binding agreement governing your access to and use of the Vespera mobile application ("the Service"), operated by Empyreal ("we," "us," or "our"). Your installation, access, or utilization of the Vespera platform signifies your unconditional consent to be bound by all conditions outlined herein. If you find any part of this agreement unacceptable, you must immediately cease all use of the Service and uninstall the application.
2. Service Description
Vespera provides a dynamic platform for beauty inspiration and community interaction. Our Service allows users to discover makeup styles, engage with content creators, and receive AI-driven beauty recommendations. The features and functionalities of the Service are subject to modification, enhancement, or discontinuation at our sole discretion without prior notice. We do not guarantee the uninterrupted or permanent availability of any specific feature or the Service as a whole.
3. User Responsibilities & Conduct
To create and maintain an account on Vespera, you must be at least 18 years of age. You are wholly responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Lawful and respectful use of our platform is required at all times. The following behaviors are strictly prohibited:
- Engaging in any activity that is illegal, fraudulent, or malicious.
- Harassing, threatening, defaming, or abusing other users or creators.
- Distributing unsolicited promotions, spam, or chain letters.
- Uploading or distributing viruses, malware, or any other code intended to disrupt, damage, or limit the functionality of any software or hardware.
- Infringing upon the intellectual property rights of others.
Violations of these conduct rules may result in immediate suspension or termination of your account and access to the Service.
4. Intellectual Property Rights
All software, text, graphics, designs, and other materials that constitute the Vespera application, along with its underlying code and branding, are the exclusive property of Empyreal or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial purposes, strictly in accordance with these terms. You are expressly forbidden from copying, modifying, distributing, selling, leasing, reverse-engineering, or attempting to extract the source code of our application.
5. Disclaimer of Warranties
THE VESPERA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPYREAL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
6. Limitation of Liability
IN NO EVENT SHALL EMPYREAL, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Account Termination
We hold the right to suspend, restrict, or terminate your access to the Vespera platform at our discretion, without liability or prior notice, for any reason, including any breach of this agreement. Should we exercise this right, your license to use the Service is immediately revoked. You may also terminate this agreement at any time by ceasing all use of the Service and deleting the application from your device.
8. Modification of Terms
The digital landscape is ever-changing, and this agreement may be periodically updated to reflect new features, laws, or practices. Any modifications will be effective immediately upon being posted within the application or on our website at empyreal.vespera.wiki. We encourage you to review these Terms of Service regularly. Your continued engagement with the Vespera platform after changes are posted signifies your acceptance of the revised terms.
9. Governing Law
This agreement, and any dispute arising from your use of the Service, shall be governed by and construed in accordance with the laws of the jurisdiction in which Empyreal is established, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes.
10. Contact Information
For any questions, concerns, or feedback regarding these Terms of Service, please do not hesitate to contact us. You can reach our support team via email at: support@vespera.com.