Tanner — Terms of Service

1. Acceptance & Eligibility

This Agreement is a binding contract between you (“you” or “User”) and Dantes Creative Labs LLC (“DCL,” “we,” “us,” or “our”). By downloading, installing, accessing, or using Tanner (the “App”), or by accessing or using our website at dantescreativelabs.com (the “Site,” and together with the App, the “Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

Eligibility. You must be at least the age of majority in your jurisdiction (18 in most U.S. states) to accept this Agreement on your own behalf. If you are between 13 and the age of majority, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by this Agreement on your behalf and who is responsible for your use. The Services are not directed to, and may not be used by, children under 13. We do not knowingly collect personal information from anyone we know to be under 13; if we learn that we have done so, we will delete it. Where a higher minimum age applies under local law (for example, the minimum digital-consent age under the EU General Data Protection Regulation, which ranges from 13 to 16 depending on the member state), that higher age governs.

By accepting, you represent that you meet these requirements, that the information you provide is accurate, and that you are not barred from using the Services under the laws of any applicable jurisdiction.

2. About Dantes Creative Labs

Dantes Creative Labs LLC is an Arizona domestic limited liability company (Arizona Corporation Commission Business ID 25089047) and an independent production studio that builds custom computer software, including mobile applications and web tools. Our principal and mailing address is 4539 N 22nd St, Ste R, Phoenix, AZ 85016, USA. You can reach us at contact@dantescreativelabs.com.

This Agreement covers the Site and the Tanner App. App-specific terms and disclaimers appear in Section 8 and control over any conflicting general provision for the App.

3. License Grant

Subject to your continuous compliance with this Agreement, DCL grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on an Apple-branded mobile device that you own or control, and to run that copy solely for your own personal, non-commercial use.

Because the App is distributed through the Apple App Store, this license is further limited to use on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where those features are enabled. Your use of the Site is likewise licensed on the same limited, revocable basis for personal, non-commercial browsing.

All rights not expressly granted to you are reserved by DCL and its licensors. This is a license, not a sale; you obtain no ownership interest in the Services or any copy of the App.

4. License Restrictions

Except as expressly permitted by this Agreement or by mandatory applicable law that cannot be waived, you agree that you will not, and will not permit or assist any third party to:

• copy, modify, adapt, translate, or create derivative works of the Services or any part of them;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services, except to the limited extent applicable law expressly permits despite this restriction;
• rent, lease, lend, sell, resell, sublicense, distribute, transfer, or otherwise commercially exploit the Services, or make them available to any third party;
• remove, obscure, or alter any proprietary notices, labels, or marks on or in the Services;
• use the Services for any unlawful, infringing, deceptive, harassing, or fraudulent purpose, or in violation of any applicable law, regulation, or third-party right;
• scrape, crawl, harvest, index, or use any automated means, bot, or data-mining tool to access, extract, or collect data from the Services, or otherwise access the Services other than through the interfaces we provide;
• interfere with, disrupt, overburden, or attempt to gain unauthorized access to the Services or to any third-party service the App relies on (including the weather service and the App Store), or circumvent any security, rate-limiting, geo-restriction, or authentication measure; or
• use the Services to develop a competing product or service, or for any benchmarking or comparison purpose without our prior written consent.

We may, but are not obligated to, monitor use of the Services to enforce these restrictions and this Agreement.

5. Purchases & Pricing

Tanner is a one-time paid app. You purchase it once, up front, for its listed price; there are no in-app purchases, no auto-renewing subscriptions, and no advertising. The purchase is processed and billed by the Apple App Store (the “Store”), not by DCL directly, and DCL does not receive or process your full payment-card number.

5.1 Pricing and disclosures shown before purchase

The App's title, functional description, and price and currency are conspicuously disclosed on the App Store listing before you buy, in the manner required by Apple. By confirming the purchase, you authorize the Store to charge the payment method on file for that price, plus any applicable taxes.

5.2 Refunds

Because the purchase is made through the Store, refunds are handled by Apple under its own policies, and you must request any refund from Apple, not from DCL. Nothing in this Agreement limits any non-waivable statutory refund, cancellation, or withdrawal right you may have under the consumer-protection laws of your jurisdiction (for example, the withdrawal rights available to consumers in the EU and UK). Where such rights apply, they operate in addition to the Store's policies.

5.3 Price changes

We may change the App's price for future purchasers. A price change does not affect the App you have already bought; because Tanner is a one-time purchase and not a subscription, you are not charged again.

Any fee you pay is a fee for access to software only. It is not, and is never framed as, a fee for any regulated medical, dermatological, or professional service, or for any diagnostic, clinical, or medically validated assessment.

6. Intellectual Property

The Services and all of their content and components — including software, source and object code, text, graphics, logos, icons, images, user-interface designs, the names “Dantes Creative Labs” and “Tanner,” and the look and feel of each — are owned by DCL or its licensors and are protected by copyright, trademark, trade-dress, and other intellectual-property laws. Weather data is provided by an independent third-party service and remains subject to that service's own terms. Except for the limited license in Section 3, nothing in this Agreement transfers any right, title, or interest in the Services to you. You may not use our names, logos, or marks without our prior written permission. All goodwill from any permitted use inures to DCL.

7. User Content

The App is designed to work primarily with information you enter and keep on your own device, and it is not intended as a platform for publishing or sharing content with the public. Where the Services allow you to submit content — such as feedback, suggestions, or support messages (“User Content”) — you retain any ownership you have in it, and you grant DCL a non-exclusive, worldwide, royalty-free license to use, store, and process that User Content solely to operate, support, and improve the Services. You are solely responsible for your User Content and represent that you have the rights to submit it and that it does not violate this Agreement or any law or third-party right. If you send us ideas or suggestions, we may use them without obligation or compensation to you.

Information you set within the App — for example, your skin type and settings — is handled as described in our Privacy Policy; it is processed and stored on your device and is not transmitted to DCL.

8. App-Specific Terms & Health Disclaimer

The following terms apply to Tanner in addition to the rest of this Agreement. Where an App-specific term conflicts with a general term, the App-specific term controls. The table below summarizes what the App is and is not; the disclaimers that follow it are the governing text.

8.1 Health Disclaimer — Not Medical Advice; You Decide About Sun Exposure

Tanner is provided for general informational and convenience purposes only and is not medical advice. It estimates a daily window of time and a suggested burn-avoidance ceiling based on the Fitzpatrick skin type you select and a UV forecast obtained from a third-party weather service. These are estimates and predictions, not measurements of the actual conditions around you, and they may be inaccurate, incomplete, delayed, or unavailable.

The App does not diagnose, treat, cure, prevent, or monitor any medical condition, and it makes no medical claims. It is not a medical device. The window's ceiling is a general burn-avoidance bound for a skin type — a rough guide to when to reduce or end sun exposure — and is not a promise that you will not burn and not a measure of your personal risk. Your actual risk depends on many factors the App does not and cannot account for, including cloud cover, altitude, reflection off water, sand, or snow, medications and conditions that affect photosensitivity, sunscreen use and reapplication, clothing, shade, time already spent in the sun, and your individual skin.

You are solely responsible for your own decisions about sun exposure. The App is a convenience tool to inform those decisions, not to make them for you. Always use sun protection appropriate for the conditions — such as sunscreen, protective clothing, and shade — regardless of any window the App shows, and stop or avoid sun exposure whenever your skin or judgment tells you to. Tanner also indicates when the UV does not line up for a window at all; the absence of a window is likewise informational, not a medical instruction.

If you have any concern about your skin, sun sensitivity, a mole or lesion, a history of skin cancer, a photosensitizing condition or medication, or any other health matter, consult a licensed physician or dermatologist. Do not disregard, avoid, or delay obtaining professional medical advice because of anything the App shows you. In an emergency, contact your local emergency services. To the fullest extent permitted by law, DCL disclaims all warranties regarding the accuracy, reliability, timeliness, or fitness of any window, ceiling, forecast, or other output, and you assume all risk arising from your reliance on the App and from your time in the sun.

Weather data. The UV forecast the App uses is supplied by an independent third-party weather service (Open-Meteo) and is subject to that service's own terms and availability. DCL does not control, generate, or guarantee that data and is not responsible for its accuracy or for any interruption in it.

Data handling. Your skin type, settings, and cached forecast are processed and stored on your device. To fetch the forecast, the App sends an approximate, keyless, identifier-free location to the weather service. The App has no accounts, no analytics, no tracking, and no advertising, and DCL does not sell your personal data. This summary is qualified in full by, and must be read together with, our Privacy Policy.

Eligibility and children. The App is intended for a general audience of users who are at least 13 years old (and for adults), is not directed to children, and is offered subject to the eligibility terms in Section 1. DCL does not knowingly collect personal information from children under 13. Our handling of personal information, including in accordance with the Children's Online Privacy Protection Act (COPPA) as amended, is described in our Privacy Policy.

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. DCL and its licensors and suppliers expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade.

DCL does not warrant that the Services will be uninterrupted, secure, timely, error-free, or free of viruses or other harmful components, that defects will be corrected, or that any content, output, forecast, window, ceiling, or estimate is accurate, reliable, complete, or current. The UV forecast is supplied by a third party and may be inaccurate or unavailable. Any reliance you place on the Services, and any time you spend in the sun, is at your own discretion and risk, and you are solely responsible for any resulting harm, including sunburn or skin damage, and for any damage to your device or loss of data.

Some jurisdictions do not allow the exclusion of certain warranties or of implied terms in consumer contracts, so some or all of the above exclusions may not apply to you. In that case, any mandatory statutory warranties or guarantees apply only to the minimum extent required by law, and the duration of any implied warranty that cannot be disclaimed is limited to the minimum period permitted.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will DCL or its members, officers, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, or for any personal injury or health effect (including sunburn or skin damage), arising out of or relating to this Agreement or your use of, or inability to use, the Services — including any reliance on any window, ceiling, forecast, or other output — whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not DCL has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, DCL's total aggregate liability for all claims arising out of or relating to this Agreement or the Services will not exceed the greater of (a) the total amount you paid to the Store for the App in the twelve (12) months before the event giving rise to liability, or (b) ten U.S. dollars (US$10.00).

These limitations are a fundamental basis of the bargain between you and DCL and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above may not apply to you; in that case, DCL's liability is limited to the greatest extent permitted by law. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any statutory consumer rights that cannot be waived.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DCL and its members, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of this Agreement; (c) your violation of any law or of any third-party right; or (d) your User Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. This provision does not apply to the extent a claim arises from DCL's own gross negligence or willful misconduct, or where such indemnity is prohibited by law.

12. Third-Party Services & the App Store

The Services rely on or link to third-party services, data sources, and platforms — in particular the Apple App Store (through which the App is distributed and purchased) and the Open-Meteo weather service (which supplies the UV forecast). We do not control and are not responsible for third-party services, their content, their availability, or their terms and privacy practices; your use of them is governed by their own terms.

12.1 Acknowledgment regarding Apple

You acknowledge that this Agreement is between you and DCL only, and not with Apple Inc., and that Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support services for the App; to the extent any maintenance or support is required, DCL, not Apple, is solely responsible.

12.2 Apple-specific terms

The following minimum terms apply to Tanner obtained through the Apple App Store and, to the extent they conflict with other terms of this Agreement, control.

• Acknowledgement. You and DCL acknowledge that this Agreement is concluded between you and DCL only, and not with Apple, and that Apple is not responsible for the App or its content. DCL, not Apple, is solely responsible for the App and the licensed content, to the extent this Agreement does not otherwise assign that responsibility.
• Scope of license. The license granted in Section 3 is limited to use on Apple-branded products that you own or control as described there and is subject to the Apple Media Services Usage Rules, including any permitted sharing via Family Sharing or volume purchasing.
• Maintenance and support. DCL, not Apple, is solely responsible for providing any maintenance and support for the App, and Apple has no obligation whatsoever to furnish any maintenance or support services.
• Warranty. DCL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Product claims. DCL, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual-property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, DCL, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable third-party and local laws when using the App.
• Developer name, address, and contact information. The developer of the App is Dantes Creative Labs LLC, whose mailing address is 4539 N 22nd St, Ste R, Phoenix, AZ 85016, USA. You may direct any questions, complaints, or claims regarding the App to DCL at contact@dantescreativelabs.com.
• Third-party terms of agreement. You must comply with any applicable third-party terms of agreement when using the App — for example, your wireless carrier's data-service agreement, which may impose data or roaming charges when the App fetches a forecast.
• Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

13. Term & Termination

This Agreement takes effect when you first use the Services and continues until terminated. You may terminate it at any time by ceasing all use of the Services and deleting the App from your devices; deleting the App also deletes the skin type, settings, and cached forecast stored on your device.

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we reasonably believe you have violated this Agreement, or if we discontinue the App or the Services. Upon termination, the license granted to you ends and you must stop using and delete the App. Sections that by their nature should survive termination — including 4, 6, 8, 9, 10, 11, 12, 14, and 17 — will survive.

14. Governing Law & Dispute Resolution

Governing law. This Agreement and any dispute arising out of or relating to it or the Services are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules, and, where applicable, by the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Section deprives a consumer of the protection of the mandatory laws of the country in which they reside where such protection cannot be waived by agreement.

Informal resolution first. Before filing any claim, you agree to try to resolve the dispute informally by contacting us at contact@dantescreativelabs.com and providing a brief description of the dispute and your contact information. We will attempt in good faith to resolve it. If we cannot resolve the dispute within sixty (60) days after notice, either party may proceed as set out below.

Venue. You and DCL agree that the exclusive venue for any dispute will be the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update this Agreement from time to time. When we do, we will revise the “Effective” date shown above and, where the changes are material, provide additional notice through the Services or by other reasonable means. Changes take effect when posted unless we state otherwise. Your continued use of the Services after an update takes effect constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Services. We encourage you to review this Agreement periodically.

16. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect. No waiver of any provision will be deemed a further or continuing waiver, and DCL's failure to enforce any provision is not a waiver of its right to do so later.

17. Entire Agreement

This Agreement, together with our Privacy Policy and any App-specific or Store terms referenced here, constitutes the entire agreement between you and DCL regarding the Services and supersedes all prior or contemporaneous understandings and agreements on that subject. Any additional or different terms you propose are rejected unless we expressly agree to them in writing. You may not assign or transfer this Agreement without our prior written consent; we may assign it, including to a successor in connection with a merger, acquisition, or sale of assets. This Agreement does not create any partnership, joint venture, agency, or employment relationship. Headings are for convenience only and do not affect interpretation.

18. Contact

Questions about this Agreement can be directed to:

Dantes Creative Labs LLC

4539 N 22nd St, Ste R, Phoenix, AZ 85016, USA

Email

contact@dantescreativelabs.com

Website

dantescreativelabs.com

Privacy Policy

dantescreativelabs.com/products/tanner-uv-index/privacy