Terms and Conditions

1. Acceptance of Terms

By accessing or using the Blendsor application ("the Application"), the website blendsor.com ("the Site"), or any related service (collectively, "the Service"), you agree to be bound by these Terms and Conditions ("Terms").

If you do not agree with these Terms, you must not use the Service.

Complete data of the Service owner is available in our Legal Notice.

2. Service Description

Blendsor is a professional assistance mobile application for hair colorists that uses artificial intelligence to:

• Analyze client hair photographs
• Generate color formula suggestions
• Manage client records and color history
• Store and organize color formulas

3. Early Access and Founding Users

Blendsor went through an early access (private beta) phase before its App Store launch. During that phase:

• A selected group of professionals tested the Service free of charge
• These users ("Founding Users") retain free lifetime access to the Pro plan as a thank you for their contribution

The Service now operates with subscription plans. Features may continue to evolve, be added, or removed as we improve the product.

4. Registration and Account

4.1 Requirements

To use Blendsor, you must:

• Be at least 18 years old
• Be a hair or color professional, or be in training to become one
• Provide accurate and up-to-date information
• Maintain the confidentiality of your access credentials

4.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the security of your password
• Notifying us immediately of any unauthorized use

You must not share your access credentials with third parties.

5. Use of Service

5.1 Permitted Use

You may use Blendsor to:

• Manage your color client portfolio
• Obtain color formula suggestions
• Store and consult color histories
• Document completed work

5.2 Prohibited Use

It is expressly prohibited to:

• Use the Service for illegal or unauthorized purposes
• Attempt to access unauthorized systems or data
• Share offensive, defamatory, or illegal content
• Reverse engineer the software or AI
• Use generated information to compete with Blendsor
• Automate access through bots or scripts
• Resell or sublicense access to the Service
• Upload photos of minors without express consent from their legal guardians

6. Use of Artificial Intelligence

6.1 Nature of Suggestions

Formulas and recommendations generated by Blendsor through artificial intelligence:

• Are guidance suggestions, not definitive prescriptions
• Are based on manufacturer technical information and industry best practices
• May not consider specific client factors that only the professional knows
• Must always be validated by the professional before application

6.2 Professional Responsibility

Blendsor is not responsible for damages resulting from the application of suggested formulas without proper professional validation.

6.3 Continuous Improvement

Blendsor's artificial intelligence is continuously improved. We may use anonymized and aggregated data to improve suggestion quality, always respecting user and client privacy.

7. User Content

7.1 Ownership

You retain ownership of all content you upload to Blendsor, including:

• Client photographs
• Custom notes and formulas
• Client record information

7.2 License

By uploading content, you grant us a limited, non-exclusive, and revocable license to:

• Store and process content to provide the Service
• Create backups
• Display the content to you in the Application

This license ends when you delete the content or close your account.

7.3 Content Responsibility

You guarantee that:

• You have the right to upload the content (e.g., client consent for photos)
• The content does not infringe third-party rights
• You have informed your clients about the use of Blendsor when appropriate

8. Intellectual Property

8.1 Blendsor Ownership

Blendsor and all its content, features, and functionality (including software, texts, images, logos, design, algorithms, and artificial intelligence) are owned by its owner (see Legal Notice) and are protected by intellectual property laws.

8.2 Third-Party Trademarks

Color product brands mentioned in Blendsor (L'Oreal, Wella, Schwarzkopf, etc.) are the property of their respective owners. Blendsor is not affiliated with, sponsored by, or endorsed by any of these brands, unless expressly indicated.

8.3 License of Use

We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Blendsor in accordance with these Terms.

9. Privacy and Data

Your privacy is important to us. The processing of your personal data and your clients' data is governed by our Privacy Policy, which forms an integral part of these Terms.

By using Blendsor, you confirm that:

• You have read and accept our Privacy Policy
• You have the necessary consent from your clients to store their data and photos
• You are responsible for complying with your obligations as a data controller for your clients' data

9.1 Data Processing Agreement (DPA)

When you use Blendsor to process your clients' personal data (photos, records, history), you act as the data controller and Blendsor acts as the data processor on your behalf, under Article 28 of the General Data Protection Regulation (GDPR). This section governs that processing and is an integral part of the Terms.

• Subject matter and duration: Blendsor processes your clients' data solely to provide you the Service, for as long as your account is active.
• Nature and purpose: storage, chromatic and morphological analysis, formula generation, and maintenance of your clients' visual history (before/after photos).
• Data types and data subjects: identifying data, hair and facial images, and hair-analysis data of your clients.
• Instructions: Blendsor processes data only following your documented instructions (those you give when using the app) and does not use it for its own purposes.
• Confidentiality: Blendsor personnel with access to the data are bound by confidentiality.
• Security: we apply appropriate technical and organizational measures (encryption at rest and in transit, access control, per-user isolation), per Article 32 GDPR.
• Sub-processors: Blendsor relies on providers that also process data on its behalf (among others, hosting and database with Supabase, and AI models for analysis), bound by equivalent protection obligations. We will inform you of material changes to this list.
• Assistance: Blendsor provides the tools to honor your clients' rights (access, export, deletion, and consent withdrawal) directly within the app, and assists you in case of a data breach.
• Return or deletion: upon termination, or when you request it, Blendsor deletes your clients' data (including photos), unless legally required to retain it.
• Audit: Blendsor makes available the information needed to demonstrate compliance with these obligations.

9.2 Your obligations as controller

As the controller of your clients' data, you commit to:

• Obtain and keep valid, informed consent from each client before uploading their photo or data (the app provides the consent signature, but obtaining it is your responsibility).
• Inform your clients about how their data is processed and their rights.
• Not use the Service for purposes other than those described, nor to process data without a legal basis.

10. Limitation of Liability

10.1 Disclaimer of Warranties

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we make no warranties of any kind, express or implied, including:

• That the Service will function without interruptions or errors
• That AI suggestions will be accurate or suitable for every situation
• That color results will be satisfactory

10.2 Limitation of Damages

In no event shall Blendsor be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or reputation
• Damages arising from the application of suggested formulas
• Technical problems beyond our control

In any case, our total liability shall not exceed the amount you have paid for the Service in the 12 months prior to the incident.

10.3 Exceptions

These limitations do not affect rights that correspond to you as a consumer under applicable law, nor do they exclude our liability for willful misconduct or gross negligence.

11. Indemnification

You agree to indemnify and hold harmless Blendsor and its directors, employees, and collaborators against any claim, damage, loss, or expense (including legal fees) arising from:

• Your breach of these Terms
• Your use of the Service
• Content you upload to the Service
• Claims from your clients related to the Service

12. Modifications

12.1 Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

12.2 Modifications to the Terms

We may modify these Terms at any time. We will notify you of material changes through:

• Notification within the Application
• Email to your account address

Continued use of the Service after notification constitutes acceptance of the new Terms.

13. Termination

13.1 By the User

You may close your account at any time from the Application settings or by contacting support. When closing your account:

• You will lose access to the Service
• You may request data export before closing
• Your data will be deleted according to our Privacy Policy

13.2 By Blendsor

We may suspend or terminate your access if:

• You breach these Terms
• Your conduct harms other users or Blendsor
• Required by law

We will notify you of termination unless legally prohibited or immediate action is necessary.

13.3 Effects of Termination

Sections 8 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Applicable Law) shall survive termination.

14. Applicable Law and Jurisdiction

These Terms are governed by Spanish law.

For any dispute arising from these Terms or the use of the Service:

• We will first attempt to resolve disputes amicably
• If you are a consumer, you may resort to the courts of your domicile or Santa Cruz de Tenerife
• Otherwise, they are subject to the Courts of Santa Cruz de Tenerife

You may also use the EU online dispute resolution platform: https://ec.europa.eu/consumers/odr

15. Contact

For any questions about these Terms or the Service, write to us at hello@blendsor.com.

Complete owner data is available in our Legal Notice.