Kayla Terms of Use

Kayla is provided by Anaye Milligan, Houston, Texas, United States. In these terms, “we”, “us” and “our” mean that. “You” means you.

Contact: Anaye@LittleBrownFaces.com

By downloading or using Kayla you agree to these terms. If you do not agree, please do not use it.

You must be at least 13 years old. If you are under 18, you may only make a purchase with the permission of a parent or guardian who accepts these terms on your behalf.

Kayla creates an anonymous account for you automatically when you first open it. You do not choose a password and there is nothing to sign into.

Your account is kept in your phone’s secure storage, so it usually stays the same when you delete and reinstall Kayla or use “Delete everything”. It can be lost if a phone is set up as new, or restored from a backup that is not encrypted. If that happens, tap “Restore purchases” in Account: a plan and the credits you paid for move to your account on that phone. Your free credit does not move. If something is still missing, contact us and we will do what we can.

Kayla generates an image showing a hairstyle applied to your photograph, using an artificial intelligence model.

It is an approximation. The result may differ from how the style would look on you in life, may misjudge your hair, your face or your lighting, and will sometimes simply get it wrong. It is a way to narrow down a decision before you spend money in a salon, and it is not professional advice about your hair, your health or your appearance. Do not treat a generated image as a reliable prediction, and please do not rely on it for anything that matters beyond choosing what to try.

We may change, add or remove styles and features. Sometimes the service will be unavailable.

You keep everything you own. Uploading a photo to Kayla does not give us ownership of it, and we do not claim any right in the Looks you generate.

You give us permission to do one narrow thing: to process your photograph in order to make the Look you asked for, including sending it to our image provider for that purpose. That permission exists only for as long as it takes to make the image, and for nothing else.

We will not use your photographs or your Looks to train any model, to promote Kayla, or for any other purpose, and we will not sell them or give them to anyone. If we ever want to show a real customer’s Look anywhere, we will ask you first and you are free to say no.

The generated Looks are yours to keep, download and share. When you share or save a Look, Kayla adds a small line in the corner with the style’s name and “Try on this look with the Kayla app”. Every Look gets the same line, free or paid. The Looks you see inside the app are not marked.

Please:

• Only upload photographs of yourself, or of someone who has agreed to you doing it.
• Do not upload photographs of children other than your own, and never in a way a parent would object to.
• Do not upload anything unlawful, hateful, sexual, violent, or designed to harass someone.
• Do not use Kayla to impersonate anyone, to make misleading images of a real person, or to create anything you intend to pass off as a genuine photograph of that person.
• Do not try to break, overload, reverse engineer or automate the service, or to work around the limits on how many credits you have.

Our image provider runs its own safety checks and will sometimes decline a photograph. When that happens the app will tell you, and it is not an accusation. If you repeatedly send content that breaks these rules, we may stop you using Kayla.

Kayla is free to download and comes with one free credit. Each credit makes one Look. After that, making a Look uses a credit you buy, or one you earn by inviting a friend.

How credits work:

• Each credit makes one Look. Whether credits expire is shown before you buy.
• When you make a Look, it uses the credit that expires soonest, so nothing is wasted.
• If a 30-Day Pass expires with credits still on it, those credits are added back when you next buy anything. A plan’s monthly credits are the exception: they do not roll over.
• If making a Look fails on our side and no picture comes back, your credit comes back.
• If a Look you have just made is genuinely wrong, tap “Something not right?” and we will redo it once in the same style, free.
• A Look you simply do not like is not a fault, and making another one uses another credit.
• Credits have no cash value, cannot be given to someone else, and cannot be exchanged for money.

Inviting a friend:

• You can share your own code from the app. A friend who enters it on a new account, within 14 days of starting Kayla, gets 1 free credit.
• When she makes her first Look, you get 3 credits. Without a plan you can earn this reward up to 3 times in all; with a plan, for up to 10 friends each calendar month.
• Invite credits never expire. Like all credits they have no cash value, and codes cannot be bought, sold or exchanged for money.
• Codes are for inviting real friends. We may withhold or remove credits earned by misusing them, for example by making extra accounts to invite yourself.

The products, at the prices shown in the App Store at the time you buy:

• 30-Day Pass. A one-time purchase of 25 credits, valid for 30 days. It does not renew.
• Ten Credits. A one-time purchase of 10 credits that never expire.
• Kayla Monthly. A subscription giving 50 credits each month. Unused credits do not roll over into the next month. It renews every month until you cancel.
• Kayla Annual. A subscription paid once a year, giving 100 credits each month. Unused credits do not roll over into the next month. It renews every year until you cancel.
• Five Credits is sold only in an older version of Kayla: 5 credits that never expire.

All purchases are made through the App Store, and Apple, not us, takes your payment.

For a plan (Kayla Monthly or Kayla Annual): payment is charged to your Apple Account when you confirm. It renews automatically at the same price unless you cancel at least 24 hours before the end of the current period, and your Apple Account is charged for renewal within the 24 hours before the period ends.

You can cancel at any time in Settings on your device, under your name, then Subscriptions. Cancelling stops the next renewal; it does not shorten the time you have already paid for. You keep your plan’s credits until that time ends, and Kayla Annual keeps adding its monthly credits until the year you paid for ends.

Deleting the app does not cancel a subscription.

Apple handles all refunds, and we cannot issue one directly. Request a refund at https://reportaproblem.apple.com. If something has gone wrong, please write to us first anyway, at Anaye@LittleBrownFaces.com, because we would rather fix it.

We may change prices. A change never affects a pass or pack you have already bought. For a plan, Apple will notify you of a price increase and, where Apple requires it, ask you to agree before it takes effect.

You can stop using Kayla whenever you like, by deleting it.

We may suspend or end your access if you break these terms, if we are required to by law, or if we stop offering Kayla. If we stop offering Kayla, or we end your access for a reason that is not your fault, and you are holding unused credits you paid for, we will help you get a refund through Apple.

Kayla is provided “as is”. To the fullest extent the law allows, we make no warranties of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that Kayla will be uninterrupted, error-free, or that any generated image will meet your expectations.

Some places do not allow these exclusions, in which case they do not apply to you.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost opportunity, arising out of your use of Kayla.

Where we are liable, our total liability to you is limited to the greater of the amount you paid us in the 12 months before the claim, or twenty-five US dollars.

Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

You agree to cover us against claims and costs arising from your breach of these terms, or from your uploading a photograph you did not have the right to upload.

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law rules, and any dispute will be brought in the state or federal courts located in Harris County, Texas. If you live somewhere whose law gives you the right to bring a claim locally, these terms do not take that right away.

These apply because Kayla is distributed through the App Store:

• These terms are between you and us only, not with Apple. We, not Apple, are solely responsible for Kayla and its content.
• The licence granted to you is a non-transferable licence to use Kayla on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide any support or maintenance for Kayla.
• If Kayla fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Kayla.
• Apple is not responsible for addressing any claim you or a third party has relating to Kayla, including product liability claims, any claim that Kayla fails to conform to a legal requirement, and claims under consumer protection or privacy law.
• Apple is not responsible for investigating, defending, settling or discharging any third-party claim that Kayla infringes intellectual property rights.
• You confirm you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and on your accepting them Apple has the right to enforce them against you.

We may update these terms. When we do, we will change the date at the top, and if the change matters we will tell you in the app rather than quietly editing this page. Continuing to use Kayla after a change means you accept the updated terms.

If any part of these terms is found unenforceable, the rest still stands. Our not enforcing something does not mean we have given it up. These terms, together with the Privacy Policy, are the whole agreement between us about Kayla.

Anaye@LittleBrownFaces.com