Terms of Use
Terms of Use and End User License Agreement for the Rash: When to See a Doctor iOS app and the website at rashcheck.bulpara.com.
Last updated: 26 July 2026 · Effective: on first release of the app.
DRAFT — pending review and sign-off by counsel. Not yet in force. The app has not
been released. Every [TO BE COMPLETED] below is a placeholder that counsel must fill:
the contracting entity, its address, its jurisdiction, the governing law, and the dispute-resolution
mechanism. Apple's standard EULA is not sufficient for this product, which is why a custom one exists
at section 15.
If this is an emergency, call 911. Do not use this app, or wait for it, to decide what to do about trouble breathing, swelling of the face, lips or tongue, a rash with a fever that does not fade when a clear glass is pressed on it, confusion or drowsiness, or skin that is peeling or sloughing.
1. Who you are contracting with
These Terms, together with the End User License Agreement at section 15, form a binding agreement
between you and Bulpara Inc. (“Bulpara”, “we”, “us”),
publisher of the app. [TO BE COMPLETED — exact registered entity name, registration number,
registered address and jurisdiction of incorporation.]
By downloading or using the app you accept these Terms and the Privacy Policy and the Consumer Health Data Privacy Policy. If you do not accept them, do not use the app.
2. You must be 18 or older
You represent that you are 18 years of age or older and have the legal capacity to enter this agreement. The App Store age rating is the highest tier Apple offers; this contractual minimum of 18 is separate, and is at least as higher.
Photographs of minors. If any photograph you submit is of a person under 18, you represent that you are that person's parent or legal guardian and that you consent, on their behalf, to the processing described in the Privacy Policy. Do not submit a photograph of any other person's body without their informed consent.
3. What this app is, and what it is not
The app asks you a fixed set of questions about signs and symptoms and applies a published rule to your answers to suggest a level of care and a timeframe. If you choose to add a photograph, a general-purpose AI model describes what is visible, lists conditions that can look similar, and suggests questions to ask a clinician.
This is information to help you prepare for a conversation with a clinician. It is not a diagnosis, not a medical device, and not a substitute for being examined. The app is not a clinician, not a medical service, not an emergency service, and not a source of treatment advice. It names no medicine and no dose. It gives no verdict, no score, no rating, no percentage and no confidence figure. It has no regulatory clearance of any kind, and we claim none.
You agree that you will not use the app as the basis for deciding not to seek care. Every result the app produces ends by telling you to see a clinician; you agree to treat that as the minimum, never the maximum.
4. What the AI model is, and its limits
The photograph, if you send one, is processed by Google's Gemini 2.5 Flash, run through Replicate, Inc. It is a general-purpose model. It has not been evaluated for use in skin conditions, it has not been reviewed or cleared by the FDA, and no accuracy figure is claimed for it anywhere in this app. It has not been clinically validated and no accuracy figure is claimed for it.
Published testing of models of this class, on clinically curated photographs taken under controlled conditions, shows they are frequently wrong — and measurably less reliable on darker skin. A photograph taken on a phone under household lighting is a harder case than any of those tests. Model output can be wrong, incomplete, outdated, or confidently wrong. You must not rely on it.
The photograph can only raise the suggested urgency, never lower it. No output the model can produce reduces the level of care the checklist already suggested. If the model's answer comes back incomplete, it is discarded in full and the checklist result stands unchanged. This is a design constraint of the software, not a promise about what the model knows.
5. No warranty about output
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE WEBSITE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BULPARA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT ANY OUTPUT IS CORRECT, COMPLETE, CURRENT OR SUITABLE FOR ANY PURPOSE, THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
6. Assumption of risk
To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risk arising from your use of the app and from any decision you make after reading its output, including any injury, worsening condition, delay in obtaining care, cost, or death resulting from a condition the app did not raise, described imperfectly, or listed among conditions that can look similar.
7. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULPARA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS, ARISING OUT OF OR RELATING TO THE APP, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF
(a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE
CLAIM, OR (b) [TO BE COMPLETED — floor amount, counsel].
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or
limited, including liability for death or personal injury caused by negligence, for fraud, or
for any liability under applicable consumer-protection law. Some jurisdictions do not allow certain
limitations, so parts of this section may not apply to you.
[TO BE COMPLETED — counsel to confirm this carve-out against the jurisdiction chosen in
section 13, and against the product-liability exposure of a consumer health application.]
8. Your indemnity
To the maximum extent permitted by applicable law, you agree to indemnify, defend and release Bulpara and its officers, directors, employees and agents from any claim, damage, loss or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the app, or your submission of a photograph of another person without the consent required by section 2.
9. Your content and the licence you give us
You keep every right you have in the photographs you submit. You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, transmit and process a photograph solely to produce the result you asked for, and only for the seconds that takes. That licence ends when the analysis finishes and the photograph is deleted from our servers.
We do not use your photographs to train any model, we do not sell them, we do not publish them, and
we do not use them for advertising. [TO BE COMPLETED — counsel to attach the written no-training
and retention confirmation obtained from Replicate before release.]
10. Acceptable use
- Do not submit a photograph of another person's body without their informed consent, or of a minor unless you are their parent or guardian.
- Do not use the app to provide services to anyone else, clinically or commercially, and do not present its output to a third party as a professional opinion.
- Do not attempt to bypass the fair-use limit, extract API keys, scrape, reverse engineer, or interfere with the service.
- Do not submit sexual content, another person's medical records, or anything unlawful.
11. Purchases and subscriptions
The checklist, the care level and timeframe, every red-flag warning, the emergency screen and the photo step are free. The photo step carries a fair-use limit of 5 analyses a day, which subscribing does not raise.
| Product | Identifier | Price |
|---|---|---|
| Clinician Handoff Pack (one time) | rashcheck.handoff.pack |
US $4.99 |
| Premium Monthly | rashcheck.premium.monthly |
US $7.99 / month |
| Premium Annual | rashcheck.premium.annual |
US $59.99 / year, with a 7-day free trial |
All purchases are made through your Apple ID and are governed by Apple's terms. Subscriptions renew automatically until cancelled. Cancel at least 24 hours before the end of the current period, in Settings → your Apple ID → Subscriptions — cancelling in the app alone does not stop billing. If you start a free trial and do not cancel before it ends, the subscription begins and you are charged. Any unused part of a free trial is forfeited if you subscribe earlier. Refunds are handled by Apple, at reportaproblem.apple.com; we cannot issue them, though we will help you ask. Prices may change with notice, and a change never applies to a period you have already paid for.
12. Changes, suspension and termination
We may change the app, and we may change these Terms; material changes will be posted here with a new date and, where appropriate, notified in the app. We may suspend or end your access if you breach these Terms. You may stop using the app at any time, and delete everything in one tap in Settings. Sections 3 to 8, and 13 to 15, survive termination.
13. Governing law and disputes
[TO BE COMPLETED — counsel: governing law, venue, and whether an arbitration agreement with a
class-action waiver, an opt-out window and a small-claims carve-out is appropriate for a US consumer
health application. Nothing here should be read as a waiver of any right that cannot lawfully be
waived.]
Before filing anything, please write to support@bulpara.com and give us a genuine chance to resolve the problem.
14. Territory
The app is offered in the United States only. It is not offered in the European Union, the United Kingdom, or any other territory, and it carries no CE or UKCA marking and no registration with any medical-device regulator. If you access it from outside the United States you do so on your own initiative and are responsible for local law.
15. End User License Agreement, including Apple's required terms
We grant you a personal, limited, non-transferable, non-exclusive, revocable licence to use the app on Apple-branded devices you own or control, as permitted by the App Store Terms of Service. You may not copy, modify, distribute, sell, lease, reverse engineer or attempt to derive the source code of the app, except where that restriction is prohibited by law.
- The agreement is with us, not Apple. This licence is between you and Bulpara. Apple is not a party to it and is not responsible for the app or its content.
- Maintenance and support are ours alone. Apple has no obligation to provide any.
- Warranty. To the maximum extent permitted by law, Apple has no warranty obligation. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; beyond that, Apple has no other obligation.
- Product claims. Bulpara, not Apple, is responsible for addressing any claim by you or a third party relating to the app, including product liability, any failure to conform to a legal or regulatory requirement, and claims under consumer-protection or privacy law.
- Intellectual property claims. Bulpara, not Apple, is responsible for investigating, defending, settling and discharging any third-party claim that the app infringes that party's intellectual property rights.
- Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not on any US Government prohibited-party list.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
16. Contact
- Support: support@bulpara.com
- Privacy and data rights: privacy@bulpara.com (45-day response)
- Postal address:
[TO BE COMPLETED]