Términos del servicio

Version legal-2026-10-01.2 — effective October 1, 2026

These Terms govern the use of HairDraw (the "Service") by the clinic, practice or professional that subscribes to it ("Clinic" or "you"). The Service is provided by HairDraw, operated by Yaakov Lopes (sole proprietor), Be'er Sheva, Israel ("HairDraw", "we"). By subscribing, installing or using the Service you accept these Terms on behalf of the Clinic, and you confirm you are authorized to do so.

1. What the Service is

1.1 HairDraw is a web app (hairdraw.app) and an application for iPad and iPhone that lets licensed professionals photograph patients, mark a planned treatment area, and obtain illustrative visual simulations (for example hair, beard and eyebrow density, styles, and a projection of possible progression without treatment), plus related reports. In the web app, patient data is stored on HairDraw's servers in the EU region; the iPad and iPhone apps store patient data on the Clinic's devices and upload what is needed for each generation, with full synchronization with the Clinic's account when available.

1.2 Simulations are produced with the help of third-party cloud artificial-intelligence providers. Output is generated automatically and may be inaccurate, inconsistent or unrealistic.

1.3 The Service is an illustrative visual simulation tool that supports the conversation between the professional and the patient. It is not a medical, clinical or health tool, nor a medical device; it does not diagnose, and does not recommend or decide treatment.

2. Eligibility and accounts

2.1 The Service is for professional use by clinics and licensed professionals (such as doctors) only, not for consumers.

2.2 You are responsible for the users you authorize (doctors, staff), for keeping devices and credentials secure, and for all activity under your account.

2.3 You must keep device-level protections (passcode, current iPadOS or iOS) enabled.

3. License

3.1 Subject to these Terms and payment, we grant the Clinic a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service during the subscription term, on the number of devices/users in the plan, for the Clinic's internal professional purposes.

3.2 You may not: copy, modify, reverse-engineer or decompile the Service (except where law allows); resell or offer it as a service to third parties; circumvent credit limits, watermarks or the simulation notice; use it to build a competing product; or use automated means to extract outputs or models.

4. Plans, credits and payment

4.1 Plans (currently Starter, Pro and Clinic, with 100, 300 and 700 images per month respectively) are monthly subscriptions only; there are no annual plans. Each plan has a monthly fee and includes a monthly allowance of credits. 1 credit = 1 delivered, usable image. Before you confirm a generation, the app shows how many images, and therefore how many credits, it will use.

4.2 Included credits roll over: the credits included in each month remain valid for up to 3 months, and the oldest credits are always used first. If the Clinic cancels, all included credits, including rolled-over credits, expire at the end of the paid period; before the Clinic confirms a cancellation, we show how many credits will be lost. Purchased credit packs never expire, but they can be used only while the Clinic has an active subscription; if the Clinic subscribes again, its purchased credits can be used again. Credits have no cash value and cannot be exchanged for money, except where required by law; a credit refunded under §4.3 is returned to your credit balance.

4.3 A credit is charged only for an image that is delivered to you and usable. If an image is not delivered or is not usable because of a failure on our side or our AI provider's (for example, the result is rejected by our quality or pose checks, the image is invalid or cannot be saved, or the provider returns an error or times out), its credit is refunded automatically and the event is recorded in the audit trail. If you cancel a generation after the photo has already been sent to the provider, its credits are not refunded; the app warns you before you cancel. Cancelling before the photo is sent uses no credits. Images that are delivered and usable but that you dislike are not refunded.

4.4 Subscriptions and credit packs are purchased only on the web, at hairdraw.app; they are not sold in the iPad or iPhone apps. Fees are due in advance, exclusive of taxes. We may change prices with 30 days' notice, effective at the next renewal.

4.5 Subscriptions renew automatically every month unless cancelled before the renewal date. The Clinic can cancel at any time at hairdraw.app; the cancellation takes effect at the end of the paid period (see §4.2 for what happens to credits).

5. Clinic responsibilities

5.1 Patient information and consent. Before photographing a patient or generating a simulation, the Clinic must: (a) inform the patient, in a language they understand, about what is captured, why, that images are processed by an external AI provider, how long they are kept, and their rights; (b) obtain and record the patient's explicit consent, which is the legal basis for processing patient images in the Service (Art. 9(2)(a) GDPR; specific and highlighted consent under art. 11 I LGPD; separate consent where required, for example under PIPA), and keep any other consent required by applicable law; and (c) give truthfully, in the app, the standing doctor attestation: a single attestation, given once by the doctor (and again when its text version or the doctor's name changes), that every patient the doctor registers in the Service was informed and agreed before photos and simulations. The attestation (text version, doctor's name, date) is then recorded automatically with each patient, together with the patient's optional choices, which the Clinic records truthfully. We provide a template but the Clinic is responsible for adapting it to its jurisdiction.

5.2 Illustrative nature. The Clinic must present simulations as illustrations only, must not state or imply that a result is promised or guaranteed, and must not remove, crop or obscure the "Illustrative simulation" notice.

5.3 Professional judgement. Any diagnosis, indication, treatment planning and outcome discussions are the sole responsibility of the treating professional; the Service does none of these.

5.4 Advertising. Using simulations or patient images in marketing requires the patient's separate written consent and compliance with the advertising rules of the professional's board (for example CFM rules in Brazil). Simulations must never be presented as real before/after results.

5.5 Minors. The Service must not be used for patients under 18 (or the local age of majority) unless the Clinic has the legally required guardian consent and the use is professionally justified.

5.6 Lawful data. The Clinic warrants it has the right to provide the data it enters and that its use of the Service complies with laws applicable to it, including record-keeping, data-protection and professional-secrecy laws.

6. Acceptable use

You must not use the Service to: process images of people who have not been informed or have objected; create deceptive, sexual, defamatory or discriminatory content; identify or track people; infer sensitive traits beyond the treatment purpose; process images of third parties who are not patients; or violate the usage policies of our AI providers, which we may pass on to you.

6.2 In particular, the Clinic must not: (a) present a simulation as a promised or guaranteed result; (b) remove, crop or hide the "Illustrative simulation" mark or disclaimers, or publish simulations as real before-and-after photos; (c) use simulations or patient photos in advertising without the patient's specific authorization or contrary to professional-board rules; (d) use the "If untreated" projection in an alarmist way to pressure decisions; (e) process images of minors without a legal guardian's consent; (f) share credentials, or transfer or resell access or simulations to third parties; (g) circumvent credits, limits or security measures, reverse-engineer the app or extract keys from it; (h) leave devices without a passcode or accessible to unauthorized people.

7. Data protection

7.1 For patient data, the Clinic is the controller and HairDraw acts as processor under the Data Processing Agreement ("DPA"), which forms part of these Terms. For US clinics, where HIPAA applies, the Clinic is the covered entity and HairDraw its business associate under the Business Associate Agreement ("BAA"), which also forms part of these Terms.

7.2 Our Privacy Policy describes processing for which HairDraw is itself responsible (account data, billing, telemetry and, where permitted, product improvement using de-identified images).

7.3 Product improvement: HairDraw uses de-identified images (eyes blurred, no name) only as described in DPA §9: only for patients whose optional consent the Clinic recorded (off by default), never in the US region, and only where the required legal basis exists. This is separate from the cloud AI provider, which does not use the images it receives to train its models.

8. Intellectual property

8.1 We and our licensors own the Service, including software, models, prompts, designs and documentation.

8.2 The Clinic (and its patients, as applicable) keep their rights in the photos they capture. As between the parties, the Clinic may use the simulations generated for its patients for the consultation and the patient's record, subject to §5.

8.3 You grant us a limited license to host, process and transmit Clinic content solely to provide and secure the Service.

8.4 Feedback you give us may be used freely without obligation.

9. Illustrative only; disclaimers

9.1 SIMULATIONS ARE ILLUSTRATIVE AND ARE NOT A PROMISE, PREDICTION OR GUARANTEE OF ANY RESULT. They are not a diagnosis or a treatment recommendation. Real results depend on individual factors such as donor area, hair characteristics, health, technique and aftercare.

9.2 Areas, densities and any figures shown are approximate and for discussion only.

9.3 To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of accuracy, fitness for a particular purpose, non-infringement, or uninterrupted availability. AI output may vary between runs.

10. Limitation of liability

10.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill.

10.2 Each party's total liability arising out of these Terms is limited to the fees paid by the Clinic in the 12 months before the event giving rise to the claim.

10.3 The limits do not apply to: the Clinic's payment obligations; indemnities in §11; breach of confidentiality; or liability that cannot be limited by law (for example death or personal injury caused by negligence, fraud, or consumer-protection rules).

11. Indemnity

11.1 The Clinic will defend and indemnify HairDraw against third-party claims (including by patients or regulators) arising from: lack of valid patient information/consent; presenting simulations as promised results; misleading advertising; treatment decisions; or use contrary to §§5–6 (including §6.2).

11.2 HairDraw will defend and indemnify the Clinic against third-party claims that the Service, as provided, infringes their intellectual-property rights.

11.3 The indemnified party must notify promptly, give control of the defence and reasonably cooperate.

12. Suspension

We may suspend access, after notice where practicable, for non-payment (for non-payment, access becomes read-only as described in §13.4), security risk, legal requirement, or serious or repeated breach of §§5–6. We will restore access once the cause is resolved.

13. Term and termination

13.1 The Terms run for the subscription term and renew as in §4.5.

13.2 Either party may terminate for material breach not cured within 30 days of notice.

13.3 On termination: the license ends; data stored on the Clinic's devices (iPad or iPhone) remains under the Clinic's control; data held on our servers follows §13.4.

13.4 Data only while subscribed. We keep the Clinic's data on our servers only while its subscription (or free trial) is active:

(a) if a renewal payment fails, the Clinic keeps full access for a grace period of 30 days;

(b) after the grace period, or at the end of the paid period of a cancelled subscription, or at the end of a free trial without a subscription, the Clinic's account becomes read-only for 90 days: its users can view and export all its data, but cannot add or change data;

(c) we notify the Clinic's owners by e-mail and in the app 30, 7 and 1 days before deletion;

(d) at the end of the 90 days we permanently delete all of the Clinic's data from our servers, as described in DPA §6 and Privacy Policy §7; paying again before then restores full access and cancels the deletion;

(e) we keep only the minimum billing record, anonymized, and a salted hash of the e-mail address and user ID used to prevent repeated free trials, for 24 months, as described in the Privacy Policy;

(f) the Clinic may choose earlier deletion (patients without activity for 6, 12 or 24 months, through the Trash) in Settings › Data retention, but never a longer period;

(g) record-keeping obligations remain with the Clinic: the Clinic is solely responsible for exporting, before the deletion, every record it must keep under applicable law (for example medical-record rules), and for keeping it. HairDraw is not a record-keeping service.

14. Changes

We may update these Terms with 30 days' notice for material changes. Continued use after the effective date means acceptance; if you do not agree you may cancel before that date.

15. General

15.1 Governing law: the laws of the State of Israel. Courts: the competent courts of Be'er Sheva, Israel. Mandatory local law (for example consumer, professional-practice or data-protection law) is not excluded.

15.2 Entire agreement: these Terms, the Order/Plan, the DPA, the BAA (if applicable) and the Privacy Policy. In case of conflict on personal data, the DPA/BAA prevails.

15.3 Assignment: the Clinic may assign these Terms only with our consent. The operator (Yaakov Lopes, sole proprietor) may assign or transfer these Terms, the DPA and all related rights and obligations to a successor company operating HairDraw, with prior written notice to the Clinic and without a new signature; the Clinic's data-protection rights and obligations continue unchanged. Force majeure, severability, no waiver, notices to contact@hairdraw.app.

15.4 Language: the English version prevails. Translations (including the Portuguese version) are provided for convenience; in case of any difference, the English version applies.

Contact: contact@hairdraw.app · Privacy/DPO: privacy@hairdraw.app · Security incidents: security@hairdraw.app · or through the app (Settings › Legal)