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2024 @ Style DNA. All right reserved.
2024 @ AI Style by DNA, SLU. All right reserved.
Effective as of 02 Semptember 2024
These Terms of Use apply to your access and use of the website (“Website”) and mobile applications (“App”) and any other free or paid online products and services (collectively, our “Services”) provided by Style DNA (“Style DNA” or “we”).
By accessing or using any of our Services, you agree to be bound by these terms and conditions and Style DNA’s Privacy Policy, incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your consent to all of the terms and conditions of this Agreement, including the arbitration clause and class action waiver to resolve any disputes with Style DNA. If you do not agree to any of these terms and conditions, please do not use our Services.
Company information:
1. GENERAL CONDITIONS AND ITS ACCEPTANCE
1.1. Please read carefully through this Agreement before using the Services. If you don’t agree to all or some of the clauses, you shall not use the Services. The acceptance of this Agreement MEANS:
a) You have read and understood what the Agreement contains, including Privacy Policy located at https://dev-frontend.dnato.style/privacy-policy.
b) You are of age (at least 18 years of age) and have the legal capability to contract the Services.
c) You assume all the obligations specified herein.
1.2. The Agreement will be valid indefinitely and will be applicable for all the contracts of using the services provided here, subject to the termination clauses below. This Agreement is a legally binding contract between you and us.
2. OBJECT OF THE AGREEMENT
2.1. Style DNA is an AI-powered platform that serves as a professional stylist while you shop or manage your wardrobe. We make personalized recommendations of clothes and ready-to-wear outfits, assess whether your selected items match your style by analyzing a photo of your face (selfie), as well as other physical parameters. We also make recommendations of the clothes that can help to visually correct your figure, provide tips on how to wear and combine various clothes, and other recommendations related to personal style and clothes.
2.2. Some of the Service may be provided on a paid basis.
2.3. Style DNA may receive compensation for the referral of customers to the retailers, brands, merchants, and other partners that appear in the Services (“Retailers”). We use the clothing listings provided by Retailers to make personal clothing or outfit recommendations. We endeavor to fulfill your requests for outfit combinations or other recommendations in the catalog (My Shop); however, we may not have clothes in our catalog that perfectly suit your color type/ personal style or match other items in the outfit or fit your Wardrobe. In this situation, we will select and suggest the most suitable, relevant clothes that are closest to your style, and create outfits from the clothes that are best matched with each other. The prices of the clothing linked is regulated by the store and can vary in different stores. The price of the clothes indicated when you use our Services may differ from the prices in the stores. If you would like to buy clothes you see while using the Services, you will need to navigate to the store.
2.4. The Services are provided at our sole discretion and subject to your compliance with the Agreement. The Services are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by us in connection with a specific feature of the Services) and may only be used in accordance with this Agreement.
2.5. In order to use the Services, you will need to provide a photo of your face (selfie) and (or) your clothes, as well as provide your basic physical parameters and share your preferences. The outputs are dependent on the quality of the photo.
2.6. You are solely responsible for providing a suitable photos, selfie, measurements of the body, account of body type and height and other preferences.
3. REGISTRATION AND ELIGIBILITY
3.1. The registration procedure is available in English. Any other available languages will be indicated before starting the registration procedure.
3.2. To use the App, you may be required to create an account (“Account”) and will be asked to provide certain personal information, which may include your name and email address. You must accept the terms of use and privacy policy upon downloading the App.
3.3. You must be of legal age (at least 18 years of age) to register and use our Services. You must make an explicit confirmation of your age before proceeding with the registration. When using our Services you confirm you are of a legal age as specified above.
3.4. If, at any point, we discover a profile believed or suspected to be that of a minor, we reserve the right to require you to provide evidence of your legal age. Failure to provide sufficient proof will result in immediate termination of your Account and deletion of your data.
3.5. You shall not use an Account belonging to another person. Each individual person is limited to one Account. You shall provide us with accurate, complete, and up-to-date registration information. You shall be responsible for maintaining the confidentiality of your password, or credentials of your profile from a third-party platform, in case you choose to log-in using such credentials (e.g. social media network). Any failure to comply with this provision may result in immediate termination of your Account. We reserve the right to refuse registration to anyone or cancel your registration at our sole discretion. Please note that the Services may contain certain limited features that prompt you to upload a photo of another person in accordance with the Privacy Policy, for example certain referral features of the Services. In all such cases you agree and certify that you have all required consent and approval to upload the photo for the purposes of engaging with such a limited feature.
3.6. You guarantee that all data concerning your identity provided on the registration forms is truthful, accurate, and complete. You also commit to keeping the data updated at all times. In the event that you provide any false, inaccurate, or incomplete data, or if we consider that there are grounds to doubt the truthfulness, accuracy and completeness of the data, we may deny access to the Services; we may also terminate or cancel the Account.
4. USER CONTENT
4.1. Our Services may allow you to create, post, store and share content including outfits, clothes, photos, messages, text, and other materials (collectively, “User Content”). Subject to this Agreement, you retain all rights to your User Content. We do not claim ownership of any User Content that you post on or through the Services.
4.2. By providing your User Content when using Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify us and our affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content and/or your failure to comply with this Agreement.
4.3. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Services or on, around, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4.4. You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content that you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
4.5. You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason.
4.6. Notwithstanding the above, we reserve the right to cancel, withdraw, or not to publish, at any time and without notice to you, any User Content we deem, in our sole discretion, as unsuitable or that violates this Agreement, the law, or any rights of third parties.
4.7. You may also only post or otherwise share User Content that is non-confidential, and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright, publicity or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates or misrepresents your affiliation with any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without the third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose the Service or others to any harm or liability of any type.
4.8. In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
5. YOUR USE OF THE SERVICES
5.1. Any content you submit through the Services is governed by the Company’s Privacy Policy https://dev-frontend.dnato.style/privacy-policy If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. As a condition of using the Services, you agree not to use the App for any purpose that is prohibited and is not specifically allowed by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws.
5.2. You shall refrain from using your profile and the other content and services provided for purposes or effects (a) other than to share outfits, opinions and purchasing decisions on garments, clothing and fashion or (b) which are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Services, its content and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Services or the normal use or enjoyment of the Services by other users.
5.3. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
5.4. Any such forbidden use shall immediately terminate your license to use the Services.
5.5. You are solely responsible for the access to and proper use of your Account and contents within the Service, subject to the law, whether national or international, as well as the principles of good faith, morality, good custom, and public order.
6. EXPORT CONTROLS
6.1. The software that supports the App may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
6.2. You represent and warrant that you are (1) not located in any country or region that is subject to government embargo, and (2) are not a denied party as specified in the regulations listed above.
6.3. You agree to comply with all export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
7. PAID SERVICES AND SUBSCRIPTIONS
7.1. Some of the Services may be paid: for example, we may offer you a subscription or a one-time purchase. The price of each product will be indicated on the paywall, in the subscription manager tab or in other places within the App and Services.
7.2. We may offer you the opportunity to purchase subscriptions that provide access to certain additional Services. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until canceled. We explain the on-going fees, the billing frequency and how to cancel before you purchase.
7.3. Certain Services included in the subscription may change from time to time, as we introduce new features, develop our existing offering, and sometimes retire features. The features and content contained in the Services may differ by country, language, relevant store, version, or device.
7.4. Our App is available via the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with a third-party app provider, whose terms and conditions may apply. Depending on the third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation of the subscription with them directly.
7.5 You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from us or through a third party by paying a subscription fee plus applicable taxes in advance. The prices will be indicated in local currency and include the corresponding Value Added Tax (VAT) and any other applicable taxes. The prices indicated will be the current ones.
7.6. We may, from time to time, make changes to subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
7.7. Although we try to ensure that all prices on the Services are correct, errors may happen. If that happens we will contact you. You will have the right to repurchase the Services once the error has been resolved. If we are unable to contact you, your purchase will be automatically canceled.
7.8. Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
7.9. You must cancel your subscription or trial before it renews to avoid the billing of the fees for the next subscription period. Please contact Apple or Google for information about billing, cancellation and refunds. You can also email us at info@styledna.ai
7.10. A typical purchase will be done in accordance with the following steps:
7.11. We may also send you an email summary of the completed purchase, including the description, characteristics, duration, price, payment method, and date of the contract. You might not have the right of withdrawal from the contract or requesting a refund for such a completed transaction.
7.12. From time to time you may have the opportunity to purchase a subscription in the form of a promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless canceled, plus applicable taxes.
8. PRIVACY
8.1. We will process your personal information in compliance with the applicable privacy laws. Please read more in our Privacy Policy, which is an integral part of this Agreement.
9. LIMITED LICENSE TO SERVICES
9.1. Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “Service Content”) are owned by or licensed by us and are protected under the law. Except as explicitly stated in this Agreement, the Services and our licensors reserve all rights to our Services and the Service Content. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Service Content for your personal, non-commercial purposes; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or Service Content; (b) copy, reproduce, distribute, publicly perform or publicly display Service Content, except as expressly permitted by us or our licensors; (c) modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Service Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or Service Content other than as expressly provided in this Agreement. Any use of our Services or Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.
9.2. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification or other content owned or licensed by the Company, you must obtain written permission from the Company. Permission requests may be sent to info@styledna.ai
9.3. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
10. LINKS
10.1. You may find links to other websites operated by third parties within the service. Inclusion of any links, redirections or associations (“links”) to other websites (www) in or from the Services does not imply any kind of relationship, collaboration or dependency between us and those responsible for the other websites. We are not liable for the content you see or use when accessing Retailers’ websites.
11. INDEMNIFICATION
11.1. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners, Retailers, and employees (individually and collectively, the “Services Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Service Parties of any third-party Claims, cooperate with Service Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Service Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Service or the other Service parties.
12. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
12.1 You are solely responsible for furnishing the tools (including any mobile connection charges) required to connect to the Internet and access the Services. In the event of any incident or difficulty accessing the Services, you can report it to Style DNA via email at info@styledna.ai. Upon receipt, we will analyze the incident and give reasonable instructions to you on how to resolve it.
12.2. We reserve the right to terminate your access to the Services at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause, either specified or not in this Agreement.
12.3.We have no obligation to and do not control how Users of the Services interact with and use them and therefore do not guarantee that users use them in accordance with the provisions of the Agreement. We have no obligation to check or verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.
12.4. To the maximum extent permitted by applicable law, we refuse any liability for damages of any kind that may result from the use of the Services by users or that may result from the lack of veracity, completeness and/ or authenticity of the information that users provide to other users about themselves, including but not limited to damages of any kind that may be due to the impersonation of a third party by a user in any kind of correspondence via the Services.
12.5. We control and operate the Services from various locations and make no representation that the Services are appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
12.6. THE SERVICES ARE PROVIDED “AS ARE”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICES, INCLUDING PARTNER OFFERS AND CLOTHES RECOMMENDATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12.7. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THESE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY OTHER THIRD PARTIES SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. CHOICE OF LAW AND DISPUTE RESOLUTION
13.1. If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law shall be the Spanish law and the courts and tribunals of Barcelona shall have the sole jurisdiction over all matters arising out of this Agreement.
13.2. If you reside in any other country, to the fullest extent permitted under applicable law and in the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, you and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.
13.3. If you reside in the United States, then the place of the arbitration shall be, at your option, either (a) the state where you reside, or (b) Boston, Massachusetts. If you reside outside the United States, then the Arbitrator shall determine the place of arbitration based on the factors stated in the AAA Rules. Regardless of the place of arbitration, the Company agrees that any required arbitration hearing(s) may be conducted, at your option, by phone or video conference rather than in person. The arbitration may also be decided solely on the submission of documents to the Arbitrator, if you and the Company both so agree (which agreement must be made in writing and provided to the Arbitrator). The procedural law applicable to the conduct of the arbitration shall be the law of the place of arbitration and the AAA Rules. The Federal Arbitration Act shall govern all arbitration proceedings (and any related and/or resulting court proceedings) in the United States.
13.3.1. At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing (the “Notice of Dispute”) and attempt in good faith to negotiate an informal resolution. You must send your Notice of Dispute to: Paseo Ferrocarril 337,Castelldefels, Barcelona, Spain, 08860. The Company will send any Notice of Dispute to the email address associated with your Account. A Notice of Dispute must include: the name of the person bringing the Dispute and that person’s preferred contact information, a brief description of the dispute, and the relief sought. If you and the Company are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (see www.adr.org) with the American Arbitration Association and providing a copy to the other party as specified in the AAA Rules.
13.3.2. Your share of administrative fees and arbitrator fees and costs (collectively, “Arbitration Costs”) shall be governed by the AAA Rules. Either party may request the Arbitrator to award the requesting party some or all of its attorneys’ fees and costs (in addition to some or all of its Arbitration Costs) upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, pursuant to applicable law and the AAA Rules.
13.3.3. The Arbitrator’s judgment and award shall be final, binding and enforceable, subject to review only in accordance with applicable law governing the enforcement and annulment of arbitration awards. Judgment on the Award may be entered in any court with proper jurisdiction, pursuant to applicable law. The Arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis to the extent necessary to provide relief warranted by the claimant’s individual claim.
13.3.4. You can decline this agreement to arbitrate by sending a written communication to us at Paseo Ferrocarril 337,Castelldefels, Barcelona, Spain, 08860, postmarked within 30 days after first accepting this Agreement. Your written communication must provide your name and the email address associated with your Account and must state that you decline this arbitration agreement.
13.3.5. If the Company changes this Section 13 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to Paseo Ferrocarril 337,Castelldefels, Barcelona, Spain, 08860, postmarked within 30 days of the date on which the change is effective. Rejecting a change, however, does not revoke or alter your prior consent to any earlier agreement to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
13.3.6. Consistent with the AAA Rules and applicable law, nothing in this Section 13 will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court, where such court has jurisdiction over the dispute; (ii) seek injunctive or interim relief from a court with jurisdiction to provide such relief; (iii) seek aid in support of the arbitration under applicable law; or (iv) seek to enforce or vacate (in whole or in part) the award under applicable law. If applicable law does not allow the arbitration of disputes under this Agreement, then either you or the Company may instead commence dispute resolution proceedings in any court that has jurisdiction over the Dispute, and where venue is proper, subject to the terms of this Section of the Agreement.
13.4. The following additional provisions are applicable to the resolution of all disputes between us and you, to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other type of formal dispute resolution proceeding:
(i) Any dispute shall be time-barred unless the party asserting the dispute commences formal dispute resolution proceedings within one (1) year after the basis for such dispute became known or should have become known to the party asserting the dispute, provided, however, that the one-year period shall be deemed suspended during any informal settlement discussions following the receipt of a Notice of Dispute by any party.
(ii) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(iii) You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding.
(iv) IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.
13.5. This Agreement shall be governed by the laws of Spain (with the exclusion of its conflict of laws rules).
14. ELECTRONIC COMMUNICATIONS
14.1. By accessing or using the Services, you also consent to receive electronic communications from us (e.g. responses to your requests, questions and feedback, announcements, updates, commercial offers, and security alerts through a push notification or by posting notices on our Services).
15. TERMINATION
15.1. We may suspend or terminate your Account (and therefore choose to suspend or terminate this Agreement) (i) immediately if you fail to comply with any requirement of the Agreement; or (ii) immediately if we stop providing the Services; or (iii) if you are inactive for more than 6 months; or (iv) at any time and without stating any cause.
15.2. In the event of contract termination, you agree to (a) remove any copies you have of the App and (b) to discontinue your use of the Services. In addition, access to your Account and all its contents may be revoked and its contents removed.
15.3. Upon termination of this Agreement, all provisions of this Agreement that by their nature, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.
16.SEVERABILITY
16.1. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
17. NOTICE AND TAKEDOWN PROCEDURES
17.1. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company and providing the following information:
18. OTHER PROVISIONS
18.1. We may modify this Agreement from time to time if we think it is necessary. If this happens, we will make the changed Agreement available online and make reasonable efforts to tell you about it, if required by applicable laws.
18.2. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
18.3. If you disagree with the amendments and updates to the Agreement, you shall cease using our Services.
18.4. We have the right to assign our rights and obligations under this Agreement to any affiliates or to any entity inside our group.
18.5. If you have any comments or questions on any part of the Services or any part of this Agreement, require support, or have any claims, please contact us at info@styledna.ai
2024 @ Style DNA. All right reserved.
2024 @ AI Style by DNA, SLU. All right reserved.