Understanding your personal Style DNA is the key to looking and feeling your best
TERMS OF USE
This Terms of Use Agreement (“Agreement”) applies to your access and use of the website or download and installation of applications and other 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 (the "Terms of Use"), and Style DNA's privacy policy, incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent 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 (except for matters that may be taken to small claims court). If you do not agree to any of these terms and conditions, please do not use our Services.
In compliance with the provisions of Article 10 of Law 34/2002, of the 11th of July, on the Information Society and Electronic Commerce Services, the following data pertaining to the owner of the Service is outlined:
By accessing or using any of our Services, you agree to be bound by these terms and conditions (the "Terms of Use"), and Style DNA's privacy policy, incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your assent 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 (except for matters that may be taken to small claims court). If you do not agree to any of these terms and conditions, please do not use our Services.
In compliance with the provisions of Article 10 of Law 34/2002, of the 11th of July, on the Information Society and Electronic Commerce Services, the following data pertaining to the owner of the Service is outlined:
- Company name: AI style by DNA, S.L.U
- Office: C Aribau 185,3, 08021, Barcelona.
- Tax Identification Number (NIF): B67543991.
- Registration details: Commercial Register of Barcelona: Volume: 47149, Folio 134, Sheet 542795, Inscription 1.
- Email: support@dna.style
1. GENERAL CONDITIONS AND ITS ACCEPTANCE
The present Agreement will rule expressly over the commercial relationship between AI style by DNA, SLU and the users of the Services.
We highly recommend that the user reads carefully through this Agreement before using the Services. If the user doesn’t agree to all of the clauses, he or she shall not use the mobile application or website. The acceptance of this Agreement implies:
a)The user has read and understood what this document contains.
b)The user is of age (at least 18 years of age) and has the legal capability to contract the services provided.
c)The user assumes all the obligations established here.
The present Agreement will be valid indefinitely and will be applicable for all the contracts of using the services provided here.
This agreement has been prepared in accordance with current legislation on the subject and specifically in accordance with the provisions of the following legal texts:
The present Agreement will rule expressly over the commercial relationship between AI style by DNA, SLU and the users of the Services.
We highly recommend that the user reads carefully through this Agreement before using the Services. If the user doesn’t agree to all of the clauses, he or she shall not use the mobile application or website. The acceptance of this Agreement implies:
a)The user has read and understood what this document contains.
b)The user is of age (at least 18 years of age) and has the legal capability to contract the services provided.
c)The user assumes all the obligations established here.
The present Agreement will be valid indefinitely and will be applicable for all the contracts of using the services provided here.
This agreement has been prepared in accordance with current legislation on the subject and specifically in accordance with the provisions of the following legal texts:
- Law 34/2002, on Information Society Services and Electronic Commerce. (LSCI)
- Law 7/1998 on General Contracting Conditions.
- Law 7/1996 on the Regulation of Retail Trade.
- Law 59/2003 of 19 December on electronic signatures.
- R. D. Legislative 1/2007, of 16 November, Consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLGDCU)
2. OBJECT OF THE AGREEMENT
Style DNA is AI-powered platform that serves as a professional stylist while you shop online. We make personalized recommendations of clothes (or assess whether your selected items match your style) and ready-to-wear outfits by analyzing an image of your face, as well as your figure type, height, gender and other information.
We also make recommendations of the clothes that can help to visually correct your figure.
‘Complete Outfit Creation’ provides ideas for how to wear and combine selected clothes items.
Some of the Service maybe payable: a one-time transaction for the consultation, and on a subscription basis for ongoing receipt of clothing and outfit recommendations.
Style DNA receives compensation for the referral of customers to the retailers, brands, merchants, and other partners the appear in the Services (“Retailers”). Compensation received by Style DNA may play a part in whether retailers and products appear on our Services, where they are placed, and how we promote them to you.
The Services are provided at the sole discretion of Style DNA and subject to your compliance with this Agreement. The Services and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Style DNA in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.
The specific service we provide by using the mobile application and website includes image consultation, involving:
In order to receive a Color and Face Type Analysis, you will need to take a photo of your face, provide your height and choose your body type. The results of the consultation are dependent on the quality of the photo provided. It is important to follow the photo guidelines below:
For Figure Correction consultation, you will be required to take several measurements of your body. Please pay attention and take care to accurately input your measurements.
We use the clothing listings provided to us by our partners in accordance with the affiliate program to make personal clothing or outfit recommendations. We endeavor to fulfill your requests for outfit combinations or application of the Color Type and Personal Style filters in the catalog; however, we may not have clothes in our catalog that perfectly suit your color type/ personal style or match other items in the outfit. 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.
To summarize the above, you are solely responsible for providing a suitable photo, measurements of the body, account of body type and height. Based on this information, Style DNA will render the services to the best of our ability, allowing for variation in the quality of your photographs and the currently available clothing listings.
Please note that there are many different methodologies of assessing color and face type, and their results may differ. The methods we use are specified in the relevant sections.
We also link to the online shops of our partners (“stores”)through our affiliate program. The prices of the clothing linked is regulated by the store and can vary in different stores. The price of the clothes in our Service may differ from the price in the Store, if the store changed it without notifying us. If you would like to buy clothes you see while using the services, you will need to navigate to the Store.
Style DNA is AI-powered platform that serves as a professional stylist while you shop online. We make personalized recommendations of clothes (or assess whether your selected items match your style) and ready-to-wear outfits by analyzing an image of your face, as well as your figure type, height, gender and other information.
We also make recommendations of the clothes that can help to visually correct your figure.
‘Complete Outfit Creation’ provides ideas for how to wear and combine selected clothes items.
Some of the Service maybe payable: a one-time transaction for the consultation, and on a subscription basis for ongoing receipt of clothing and outfit recommendations.
Style DNA receives compensation for the referral of customers to the retailers, brands, merchants, and other partners the appear in the Services (“Retailers”). Compensation received by Style DNA may play a part in whether retailers and products appear on our Services, where they are placed, and how we promote them to you.
The Services are provided at the sole discretion of Style DNA and subject to your compliance with this Agreement. The Services and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Style DNA in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.
The specific service we provide by using the mobile application and website includes image consultation, involving:
- Color and face type analysis of the user’s appearance and provision of personal style guidelines
- Recommendation of clothing items in accordance with your personal style
- Figure correction tips to help the user minimize imperfections in their figure by using cut, fabric, fit and personalized clothing selection to mask the flaw.
- We combine clothes in ready to wear outfits:
- Based on your personal style,
- Based on selected retail items,
- Based on photographs of clothes from your wardrobe,
- Matching the colors of any uploaded photo (forest, beach, office, etc.)
In order to receive a Color and Face Type Analysis, you will need to take a photo of your face, provide your height and choose your body type. The results of the consultation are dependent on the quality of the photo provided. It is important to follow the photo guidelines below:
- Light: Daylight, soft, without direct sunlight
- The shoot places: Face the window
- Scope: Close-up of your face
- Do not tilt your head or smile
- Hair should not obscure the face
For Figure Correction consultation, you will be required to take several measurements of your body. Please pay attention and take care to accurately input your measurements.
We use the clothing listings provided to us by our partners in accordance with the affiliate program to make personal clothing or outfit recommendations. We endeavor to fulfill your requests for outfit combinations or application of the Color Type and Personal Style filters in the catalog; however, we may not have clothes in our catalog that perfectly suit your color type/ personal style or match other items in the outfit. 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.
To summarize the above, you are solely responsible for providing a suitable photo, measurements of the body, account of body type and height. Based on this information, Style DNA will render the services to the best of our ability, allowing for variation in the quality of your photographs and the currently available clothing listings.
Please note that there are many different methodologies of assessing color and face type, and their results may differ. The methods we use are specified in the relevant sections.
We also link to the online shops of our partners (“stores”)through our affiliate program. The prices of the clothing linked is regulated by the store and can vary in different stores. The price of the clothes in our Service may differ from the price in the Store, if the store changed it without notifying us. If you would like to buy clothes you see while using the services, you will need to navigate to the Store.
3. REGISTRATION AND AUTHORIZATION OF THE USER
The registration procedure is available in English. Any other available languages will be indicated before starting the registration procedure.
All users of the Style DNA application must accept the terms of use and privacy policy upon downloading the application. If the user undergoes any consultation for which he or she wants to save the results, he or she must sign up before. To sign up to the platform the user must:
o Complete all the required fields on the registration form. The user must provide the personal data requested, such as their name and email address, and social accounts like Facebook or Instagram.
The user must be of a legal age (at least 18 years of age)to register and use our Services. If the user is under 18 years of age (or the age of legal adulthood), her or she may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If the user is a parent or legal guardian of a user under the age of 18 (or the age of legal adulthood), that person agrees to be fully responsible for the acts or omissions of such a user in connection with our Services. If the user is accessing or using our Services on behalf of another person or entity, he or she confirms that he or she is authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if he or she or the other person or entity violates this Agreement.
If at any point, we discover a profile believed to be that of a minor, we reserve the right to require that the user provides evidence that he/she is of age. Failure to provide sufficient proof may result in immediate termination of his or her account and deletion all his or her data.
The user may not select or use an Account belonging to another person. Each individual person is limited to one Account. The user shall provide Style DNA with accurate, complete, and up to date registration information. The user shall be responsible for maintaining the confidentiality of his or her password. Any failure to comply with this provision may result in immediate termination of his or her account. Style DNA reserves the right to refuse registration to anyone or cancel a Style DNA User ID at its discretion.
If the user chooses to log in to the Services via a third-party platform such as a social media network, they will need to use his or her credentials (e.g., username and password) for the third-party online platform. The user must maintain the security of his or her third-party account and promptly notify us if he or she discovers or suspects that someone has accessed his or her account without his or her permission. If the user permits others to use his or her account credentials, he or she is responsible for the activities of such users that occur in connection with his or her account.
The user guarantees that all data concerning the identity and legitimacy provided to us on the registration forms of the Service are truthful, accurate and complete. The user also commits to keeping the data updated at all times. In the event that the user provides 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 and present or future use of the Service or any of its contents and/ or services; we may also terminate or cancel the account.
When registering on the Platform, the user must select a username and password, unless registering through an existing social media account (currently Instagram or Facebook). If the user registers with a social media account, the user must allow the platform to access account information and he or she must choose a username on the Platform.
The username, password and email associated with the social media account used to access the platform are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since Style DNA cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including to access the findings received on or through the Platform, or any other action that is carried out by using the access keys.
The user cannot choose as a username words considered profane, insulting and in general, contrary to the law or to the requirements of morality and good customs.
Once registration is completed, we will send a confirmation email in order to verify the email address provided. Once the email address is verified, the registration is complete and the user can access his or her profile and complete and/ or edit as he or she deems appropriate, provided it complies with these Terms of Use.
Most services provided by Style DNA are free for all Users, but extra content which is payable is also available, and regulated differently.
The registration procedure is available in English. Any other available languages will be indicated before starting the registration procedure.
All users of the Style DNA application must accept the terms of use and privacy policy upon downloading the application. If the user undergoes any consultation for which he or she wants to save the results, he or she must sign up before. To sign up to the platform the user must:
o Complete all the required fields on the registration form. The user must provide the personal data requested, such as their name and email address, and social accounts like Facebook or Instagram.
The user must be of a legal age (at least 18 years of age)to register and use our Services. If the user is under 18 years of age (or the age of legal adulthood), her or she may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If the user is a parent or legal guardian of a user under the age of 18 (or the age of legal adulthood), that person agrees to be fully responsible for the acts or omissions of such a user in connection with our Services. If the user is accessing or using our Services on behalf of another person or entity, he or she confirms that he or she is authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if he or she or the other person or entity violates this Agreement.
If at any point, we discover a profile believed to be that of a minor, we reserve the right to require that the user provides evidence that he/she is of age. Failure to provide sufficient proof may result in immediate termination of his or her account and deletion all his or her data.
The user may not select or use an Account belonging to another person. Each individual person is limited to one Account. The user shall provide Style DNA with accurate, complete, and up to date registration information. The user shall be responsible for maintaining the confidentiality of his or her password. Any failure to comply with this provision may result in immediate termination of his or her account. Style DNA reserves the right to refuse registration to anyone or cancel a Style DNA User ID at its discretion.
If the user chooses to log in to the Services via a third-party platform such as a social media network, they will need to use his or her credentials (e.g., username and password) for the third-party online platform. The user must maintain the security of his or her third-party account and promptly notify us if he or she discovers or suspects that someone has accessed his or her account without his or her permission. If the user permits others to use his or her account credentials, he or she is responsible for the activities of such users that occur in connection with his or her account.
The user guarantees that all data concerning the identity and legitimacy provided to us on the registration forms of the Service are truthful, accurate and complete. The user also commits to keeping the data updated at all times. In the event that the user provides 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 and present or future use of the Service or any of its contents and/ or services; we may also terminate or cancel the account.
When registering on the Platform, the user must select a username and password, unless registering through an existing social media account (currently Instagram or Facebook). If the user registers with a social media account, the user must allow the platform to access account information and he or she must choose a username on the Platform.
The username, password and email associated with the social media account used to access the platform are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since Style DNA cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including to access the findings received on or through the Platform, or any other action that is carried out by using the access keys.
The user cannot choose as a username words considered profane, insulting and in general, contrary to the law or to the requirements of morality and good customs.
Once registration is completed, we will send a confirmation email in order to verify the email address provided. Once the email address is verified, the registration is complete and the user can access his or her profile and complete and/ or edit as he or she deems appropriate, provided it complies with these Terms of Use.
Most services provided by Style DNA are free for all Users, but extra content which is payable is also available, and regulated differently.
4. USER CONTENT:
Our Services may allow you and other users to create, post, store and share content including outfits, clothes, photos, messages, text, and other materials (collectively, “User Content”). User Content does not include user-generated filters. Subject to this Agreement and the Privacy Policy, you retain all rights to your User Content, as agreed between you and Service. Furthermore, the Service does not claim ownership of any User Content that you post on or through the Services. You grant the Service a non-exclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt or create derivative works from, distribute, perform and display your User Content during the term of this Agreement, solely for the purpose of providing you with the Services.
You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Service 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.
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.
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.
The Service is not a storage or backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. The Service will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
Notwithstanding the above, Style DNA reserves the right to cancel, withdraw or not to publish, at any time and without notice to you, any User Content it deems, in its sole discretion, as unsuitable or that violates the present Terms of Use, the law or any rights of third parties.
Our Services may allow you and other users to create, post, store and share content including outfits, clothes, photos, messages, text, and other materials (collectively, “User Content”). User Content does not include user-generated filters. Subject to this Agreement and the Privacy Policy, you retain all rights to your User Content, as agreed between you and Service. Furthermore, the Service does not claim ownership of any User Content that you post on or through the Services. You grant the Service a non-exclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt or create derivative works from, distribute, perform and display your User Content during the term of this Agreement, solely for the purpose of providing you with the Services.
You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that the Service 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.
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.
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.
The Service is not a storage or backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. The Service will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
Notwithstanding the above, Style DNA reserves the right to cancel, withdraw or not to publish, at any time and without notice to you, any User Content it deems, in its sole discretion, as unsuitable or that violates the present Terms of Use, the law or any rights of third parties.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1 Rights
The user has the right to:
• Use the content of his or her personal profile and the content therein for personal, non-commercial purposes.
• Customize his or her personal page.
• Carry out other actions related to the use of the application not prohibited by the laws or these terms.
5.2 Obligations
The user is obliged to:
• Observe the norms of the current legislation.
• Observe the provision of these Terms of Use and other special documents of the Administration which are publicly accessible.
• Provide truthful information when registering on the mobile application.
• Use the functionality of the application for personal purposes, not related to commercial activities of citizens and organizations.
• Follow the instructions of Style DNA on the use of the application.
• At the request of Style DNA, in connection with the execution of these Terms of Use, to provide their name, surname, and other data.
• Preliminarily assess the legality of the placement of any information or objects (in particular, images of other people, texts of someone else’s authorship, visual and audiovisual works) in the application.
• Not to place on his or her profile any information or objects that may violate rights of others (including links to them).
• Not to post photographs on which other people are imprinted in addition to the User without their prior consent.
• Periodically get acquainted with the contents of this Agreement on the application and follow the changes made to it.
• To comply with other requirements and fulfil other obligations established by these Terms.
5.3 Prohibited Conduct and Content
You are solely responsible for the access to and proper use of your profile and other 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. Specifically, but without limitation, you agree to diligently observe these Terms of Use.
Generally, you will 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 Service, its content and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Service or the normal use or enjoyment of the Service by other users.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
• Engage in any harassing, threatening, intimidating, predatory or stalking behavior;
• Use or attempt to use another user’s account without authorization from that user and the Service;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse-engineer any aspect of our Services or do anything that might uncover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
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:
• Contains the results of a Color Analysis, Personal Style, or Figure Correction consultation
• 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 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.
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.
5.1 Rights
The user has the right to:
• Use the content of his or her personal profile and the content therein for personal, non-commercial purposes.
• Customize his or her personal page.
• Carry out other actions related to the use of the application not prohibited by the laws or these terms.
5.2 Obligations
The user is obliged to:
• Observe the norms of the current legislation.
• Observe the provision of these Terms of Use and other special documents of the Administration which are publicly accessible.
• Provide truthful information when registering on the mobile application.
• Use the functionality of the application for personal purposes, not related to commercial activities of citizens and organizations.
• Follow the instructions of Style DNA on the use of the application.
• At the request of Style DNA, in connection with the execution of these Terms of Use, to provide their name, surname, and other data.
• Preliminarily assess the legality of the placement of any information or objects (in particular, images of other people, texts of someone else’s authorship, visual and audiovisual works) in the application.
• Not to place on his or her profile any information or objects that may violate rights of others (including links to them).
• Not to post photographs on which other people are imprinted in addition to the User without their prior consent.
• Periodically get acquainted with the contents of this Agreement on the application and follow the changes made to it.
• To comply with other requirements and fulfil other obligations established by these Terms.
5.3 Prohibited Conduct and Content
You are solely responsible for the access to and proper use of your profile and other 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. Specifically, but without limitation, you agree to diligently observe these Terms of Use.
Generally, you will 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 Service, its content and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Service or the normal use or enjoyment of the Service by other users.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
• Engage in any harassing, threatening, intimidating, predatory or stalking behavior;
• Use or attempt to use another user’s account without authorization from that user and the Service;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse-engineer any aspect of our Services or do anything that might uncover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
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:
• Contains the results of a Color Analysis, Personal Style, or Figure Correction consultation
• 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 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.
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.
6. CONTRACTING PAYABLE SERVICES
6.1 Price indication
Some of Image consulting services may be payable: on a one-time basis for consultations, and on a subscription basis for receipt of ongoing personal recommendations.
The price of each product will be indicated on the screen.
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 current.
The offers will be clearly displayed on the screen.
Style DNA reserves the right to change its prices at any time. Such changes shall take effect immediately after publication.
Style DNA is committed to ensuring that the information contained in the application is true and does not contain any mistakes. Nevertheless, in case the functioning of the mobile application were affected by any error, Style DNA will correct this as soon as possible.
Although we endeavor to ensure that all prices on the mobile application are correct, errors may appear. In order to avoid them, Style DNA will check and verify the established prices. However, Style DNA won’t be legally bound to purchases made by users at an error price due to an error on the mobile application.
In such cases, Style DNA will attempt to contact the user and will send an email informing them about the error and the cancellation of the purchase. The user will have right to repurchase the product or service once the error has been resolved.
Should Style DNA be unable to get in contact with the user, the purchase will be cancelled and the payed amount will be refunded.
6.2 Purchase procedure:
We inform you in accordance with article 27 LSCI that the purchase procedure will follow these steps:
1.The user will choose the service, consultation or subscription which they intend to pay for. The details of each service are described in the relevant section of the application.
2.Once the user chooses the service, he or she will access the contracting section, where they will be presented with the required legal information, a description of the service, the price of the service and any the extra fees and/or duration and validity of the service. The user can modify or cancel the offer of the services chosen.
3.The user must confirm the chosen service with the total price and description and choose a payment method. The user agrees to these terms and refuses his or her right of withdrawal from the contract by clicking a checkbox. If the aforementioned checkbox is not clicked, the user will not be able to confirm the purchase. The confirmation will be finalized by pressing a button titled “Proceed to Payment” or similar language to that effect.
4.Once this button is clicked, the user must finalize the purchase procedure by filling in the necessary information corresponding to the payment method chosen. Once the payment is complete, the user will have access to the content of the Style DNA application for which they paid. At this time, the user authorizes us to send him or her receipts for the services contracted and/or the bills generated by electronic means, to the email address provided during the registration process. If an invoice is required, you must enter the relevant tax data on the Service before placing the order.
We will also send you an email summary of the completed purchase, including the description, characteristics, duration, price, payment method and date of the contract. We inform the user that he or she has no right of withdrawal from the contract in accordance with article 103.m) TRLGDCU, because the service is totally provided as soon as the purchase is confirmed, through the allowance of the user to access the extra content or obtain a consultation.
6.3 Payment method:
Purchases made through Style DNA can be paid for using the following methods:
- Application payment: Payment in the Application will be made through the account on the Google Play or App Store platforms through which the Application is provided. The conditions of service established in the aforementioned platforms (https://play.google.com/about/play-terms.html and https://www.apple.com/legal/internet-services/itunes/es/terms.html) (hereinafter, the "Conditions of the Platforms") are equally applicable to this service. By purchasing a consultation, the User authorizes Style DNA to charge the corresponding price through the chosen payment method.
Should you experience any issues with your order, you can contact our customer care team by the means specified in the Platform.
6.4. Security in transactions
Your safety in making the transaction is guaranteed.
Style DNA has a secure server which encrypts all personal information, such that it cannot be read while travelling from your device to ours. All information about our users is confidential and is not provided to any company or organization.
6.5 Cancellation:
You may cancel the consultation free of charge until you upload a photo and we have acknowledged recognition. If the application fails to recognize the photo you have uploaded, you have right to cancel the consultation free of charge.
We reserve the right to cancel the consultation without having to provide a just cause. In the event of cancellation at our instance, you shall be entitled to a refund of the amount paid.
To file a complaint, write to us at info@dna.style.
6.1 Price indication
Some of Image consulting services may be payable: on a one-time basis for consultations, and on a subscription basis for receipt of ongoing personal recommendations.
The price of each product will be indicated on the screen.
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 current.
The offers will be clearly displayed on the screen.
Style DNA reserves the right to change its prices at any time. Such changes shall take effect immediately after publication.
Style DNA is committed to ensuring that the information contained in the application is true and does not contain any mistakes. Nevertheless, in case the functioning of the mobile application were affected by any error, Style DNA will correct this as soon as possible.
Although we endeavor to ensure that all prices on the mobile application are correct, errors may appear. In order to avoid them, Style DNA will check and verify the established prices. However, Style DNA won’t be legally bound to purchases made by users at an error price due to an error on the mobile application.
In such cases, Style DNA will attempt to contact the user and will send an email informing them about the error and the cancellation of the purchase. The user will have right to repurchase the product or service once the error has been resolved.
Should Style DNA be unable to get in contact with the user, the purchase will be cancelled and the payed amount will be refunded.
6.2 Purchase procedure:
We inform you in accordance with article 27 LSCI that the purchase procedure will follow these steps:
1.The user will choose the service, consultation or subscription which they intend to pay for. The details of each service are described in the relevant section of the application.
2.Once the user chooses the service, he or she will access the contracting section, where they will be presented with the required legal information, a description of the service, the price of the service and any the extra fees and/or duration and validity of the service. The user can modify or cancel the offer of the services chosen.
3.The user must confirm the chosen service with the total price and description and choose a payment method. The user agrees to these terms and refuses his or her right of withdrawal from the contract by clicking a checkbox. If the aforementioned checkbox is not clicked, the user will not be able to confirm the purchase. The confirmation will be finalized by pressing a button titled “Proceed to Payment” or similar language to that effect.
4.Once this button is clicked, the user must finalize the purchase procedure by filling in the necessary information corresponding to the payment method chosen. Once the payment is complete, the user will have access to the content of the Style DNA application for which they paid. At this time, the user authorizes us to send him or her receipts for the services contracted and/or the bills generated by electronic means, to the email address provided during the registration process. If an invoice is required, you must enter the relevant tax data on the Service before placing the order.
We will also send you an email summary of the completed purchase, including the description, characteristics, duration, price, payment method and date of the contract. We inform the user that he or she has no right of withdrawal from the contract in accordance with article 103.m) TRLGDCU, because the service is totally provided as soon as the purchase is confirmed, through the allowance of the user to access the extra content or obtain a consultation.
6.3 Payment method:
Purchases made through Style DNA can be paid for using the following methods:
- Application payment: Payment in the Application will be made through the account on the Google Play or App Store platforms through which the Application is provided. The conditions of service established in the aforementioned platforms (https://play.google.com/about/play-terms.html and https://www.apple.com/legal/internet-services/itunes/es/terms.html) (hereinafter, the "Conditions of the Platforms") are equally applicable to this service. By purchasing a consultation, the User authorizes Style DNA to charge the corresponding price through the chosen payment method.
Should you experience any issues with your order, you can contact our customer care team by the means specified in the Platform.
6.4. Security in transactions
Your safety in making the transaction is guaranteed.
Style DNA has a secure server which encrypts all personal information, such that it cannot be read while travelling from your device to ours. All information about our users is confidential and is not provided to any company or organization.
6.5 Cancellation:
You may cancel the consultation free of charge until you upload a photo and we have acknowledged recognition. If the application fails to recognize the photo you have uploaded, you have right to cancel the consultation free of charge.
We reserve the right to cancel the consultation without having to provide a just cause. In the event of cancellation at our instance, you shall be entitled to a refund of the amount paid.
To file a complaint, write to us at info@dna.style.
7. PRIVACY
Style DNA guarantees that it will process personal data in compliance with the provisions of the legislation on the protection of personal data and information society services and electronic commerce. The protection of personal data extends to everything related to the collection and use of the information provided through this MEDIA AND/OR DIGITAL ENVIRONMENT.
For this purpose, Style DNA has adopted the technical and organizational measures of security in its installations, systems and files.
Whenever personal data is requested from a user of the MEDIA AND/OR DIGITAL ENVIRONMENT, the user will be informed of the identity of the data controller, the purpose for which the data is obtained and the corresponding rights of the user.
In the event that users provide the personal data of third parties, they must inform these third parties of the content of the data provided, the existence and purpose of the file where their data is stored and the possibility of exercising their rights, and identify Style DNA as the controller of the data processing.
All users may revoke their consent, exercise their rights of access, rectification, suppression, limitation or opposition to the processing of their personal data or request their movement by writing to support@dna.style, indicating in the subject line ‘personal rights’, or by post to Aribau street, 185, 3rd floor, 08021, Barcelona (Spain). For more information, please consult our Privacy Policy.
Style DNA guarantees that it will process personal data in compliance with the provisions of the legislation on the protection of personal data and information society services and electronic commerce. The protection of personal data extends to everything related to the collection and use of the information provided through this MEDIA AND/OR DIGITAL ENVIRONMENT.
For this purpose, Style DNA has adopted the technical and organizational measures of security in its installations, systems and files.
Whenever personal data is requested from a user of the MEDIA AND/OR DIGITAL ENVIRONMENT, the user will be informed of the identity of the data controller, the purpose for which the data is obtained and the corresponding rights of the user.
In the event that users provide the personal data of third parties, they must inform these third parties of the content of the data provided, the existence and purpose of the file where their data is stored and the possibility of exercising their rights, and identify Style DNA as the controller of the data processing.
All users may revoke their consent, exercise their rights of access, rectification, suppression, limitation or opposition to the processing of their personal data or request their movement by writing to support@dna.style, indicating in the subject line ‘personal rights’, or by post to Aribau street, 185, 3rd floor, 08021, Barcelona (Spain). For more information, please consult our Privacy Policy.
8. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
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 to the Service and are protected under the law. Except as explicitly stated in this Agreement, the Service 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 use; 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.
We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others promptly upon notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may contact the Service’s Copyright Agent for notice of claims of infringement by emailing support@dna.style.
Style DNA shall verify the provided report as soon as possible, and take the measures it deems appropriate, reserving the right to withdraw and/ or suspend any User of the Platform for breach of these Terms of Use. We also reserve the right to withdraw and/ or suspend any User Content deemed illegal or offensive, without prior notice or subsequent notification.
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 to the Service and are protected under the law. Except as explicitly stated in this Agreement, the Service 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 use; 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.
We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others promptly upon notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may contact the Service’s Copyright Agent for notice of claims of infringement by emailing support@dna.style.
Style DNA shall verify the provided report as soon as possible, and take the measures it deems appropriate, reserving the right to withdraw and/ or suspend any User of the Platform for breach of these Terms of Use. We also reserve the right to withdraw and/ or suspend any User Content deemed illegal or offensive, without prior notice or subsequent notification.
9. LINKS
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 Service does not imply any kind of relationship, collaboration or dependency between Style DNA and those responsible for the other websites, and does not imply a guarantee of the content of said website.
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 Service does not imply any kind of relationship, collaboration or dependency between Style DNA and those responsible for the other websites, and does not imply a guarantee of the content of said website.
10. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Service and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Service 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.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Service and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Service 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.
11. DISCLAIMERS
You are responsible for furnishing the services and equipment required to connect to the Internet and access the Service. In the event of any incident or difficulty accessing the Service, the User can report it to Style DNA via email at support@dna.style. Upon receipt, we will analyze the incident and give instructions to the user on how to resolve it as soon as possible.
Style DNA will not respond in cases of service interruptions, connection errors, unavailability or deficiencies in accessing Internet services or interruptions of the Internet or for any other reason beyond its control.
We reserve the right to terminate your access to the platform at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause.
We have no obligation to and do not control how Users of the Service interact with and use it, and therefore do not guarantee that users use it in accordance with the provisions of the present Terms of Use or make diligent and prudent use thereof. Style DNA has no obligation to check or verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.
To the maximum extent permitted by applicable law, Style DNA refuses any liability for damages of any kind that may result from the illicit use of the Service 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 Service.
Users assume all liability for the use of the Platform, being solely responsible for any direct or indirect effect on the Platform derived, including but not limited to, all economic, technical and/ or legal aspects, and the failure to meet expectations generated by this platform, compelling the users to release Style DNA of all liability for any claims arising directly or indirectly from such facts.
Notwithstanding the foregoing, we reserve the right to limit, in whole or in part, access to the Platform to certain users, and to cancel, suspend, block or remove certain types of content, using suitable technological tools, if we have knowledge that the activity or information stored is unlawful or harms the property or rights of a third party, or is fraudulent. In this regard, we may implement the filters necessary to prevent that illegal or harmful content be posted on the Internet via our service.
Your use of our services is at your sole risk. Our services are provided ‘as is’ and ‘as available without warranties of any kind, either express or implied, including, but not limited to, implied guarantees of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Service does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While the Service attempts to make your access to and use of our Services safe, we cannot and do not represent or guarantee that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
You are responsible for furnishing the services and equipment required to connect to the Internet and access the Service. In the event of any incident or difficulty accessing the Service, the User can report it to Style DNA via email at support@dna.style. Upon receipt, we will analyze the incident and give instructions to the user on how to resolve it as soon as possible.
Style DNA will not respond in cases of service interruptions, connection errors, unavailability or deficiencies in accessing Internet services or interruptions of the Internet or for any other reason beyond its control.
We reserve the right to terminate your access to the platform at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause.
We have no obligation to and do not control how Users of the Service interact with and use it, and therefore do not guarantee that users use it in accordance with the provisions of the present Terms of Use or make diligent and prudent use thereof. Style DNA has no obligation to check or verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.
To the maximum extent permitted by applicable law, Style DNA refuses any liability for damages of any kind that may result from the illicit use of the Service 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 Service.
Users assume all liability for the use of the Platform, being solely responsible for any direct or indirect effect on the Platform derived, including but not limited to, all economic, technical and/ or legal aspects, and the failure to meet expectations generated by this platform, compelling the users to release Style DNA of all liability for any claims arising directly or indirectly from such facts.
Notwithstanding the foregoing, we reserve the right to limit, in whole or in part, access to the Platform to certain users, and to cancel, suspend, block or remove certain types of content, using suitable technological tools, if we have knowledge that the activity or information stored is unlawful or harms the property or rights of a third party, or is fraudulent. In this regard, we may implement the filters necessary to prevent that illegal or harmful content be posted on the Internet via our service.
Your use of our services is at your sole risk. Our services are provided ‘as is’ and ‘as available without warranties of any kind, either express or implied, including, but not limited to, implied guarantees of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Service does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While the Service attempts to make your access to and use of our Services safe, we cannot and do not represent or guarantee that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
12. LIMITATION OF LIABILITY
Style DNA will not be liable to you under any theory of liability - whether based in contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Service or the other Service Parties have been advised of the possibility of such damages.
The total liability of Style DNA for any claim arising out of or relating to this Agreement or our services, regardless of the form of the action, is limited to the amount paid by the user.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Style DNA for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Style DNA will not be liable to you under any theory of liability - whether based in contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Service or the other Service Parties have been advised of the possibility of such damages.
The total liability of Style DNA for any claim arising out of or relating to this Agreement or our services, regardless of the form of the action, is limited to the amount paid by the user.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Style DNA for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. LEGISLATION
For all purposes, the relationship between Style DNA and you through use of its services and platform, is subject to Spanish legislation and jurisdiction to which the parties hereby expressly submit themselves, the Courts and Tribunals of BARCELONA being considered adequate for the resolution of all and any disputes arising from or related to the use of said services.
For all purposes, the relationship between Style DNA and you through use of its services and platform, is subject to Spanish legislation and jurisdiction to which the parties hereby expressly submit themselves, the Courts and Tribunals of BARCELONA being considered adequate for the resolution of all and any disputes arising from or related to the use of said services.
14. ELECTRONIC COMMUNICATIONS
By accessing or using the Services, you also consent to receive electronic communications from Service (e.g. responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, communications presented in writing.
By accessing or using the Services, you also consent to receive electronic communications from Service (e.g. responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, communications presented in writing.
15. TERMINATION
We may suspend or terminate your account (and therefore choose to suspend or terminate this contract) (i) immediately if you fail to comply with any requirement of the Terms of Use or (ii) immediately if we stop providing the services (iii) if you are idle for more than 6 months (in this case, you will be notified in writing 15 days before cancellation of services) (iv) at any time and without stating any cause.
Unsubscribing from the Service involves the termination of the Terms of Use (although certain clauses may continue to have legal implications, depending on their nature).
In the event of contract termination, you agree to (a) remove any copies you have of the Service and (b) to discontinue your use of the Service. In addition, access to your Account and all its contents will be revoked and its contents removed, unless your backups are kept (exclusively for use for data recovery or ‘backup’ and legal defense in the interests of Style DNA).
We may suspend or terminate your account (and therefore choose to suspend or terminate this contract) (i) immediately if you fail to comply with any requirement of the Terms of Use or (ii) immediately if we stop providing the services (iii) if you are idle for more than 6 months (in this case, you will be notified in writing 15 days before cancellation of services) (iv) at any time and without stating any cause.
Unsubscribing from the Service involves the termination of the Terms of Use (although certain clauses may continue to have legal implications, depending on their nature).
In the event of contract termination, you agree to (a) remove any copies you have of the Service and (b) to discontinue your use of the Service. In addition, access to your Account and all its contents will be revoked and its contents removed, unless your backups are kept (exclusively for use for data recovery or ‘backup’ and legal defense in the interests of Style DNA).
16.SEVERABILITY
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.
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. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you install, access or use the Services on any device running the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
• Acknowledgement. You acknowledge that this Agreement is concluded solely between us, and not with Apple, and the Service, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. You and the Service acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Service. However, you understand and agree that in accordance with this Agreement, the Service has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and the Service acknowledge that as between Apple and the Service, the Service, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, the Service, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
• Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
• Third-Party Beneficiary. The parties 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 thereof).
The following terms apply if you install, access or use the Services on any device running the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
• Acknowledgement. You acknowledge that this Agreement is concluded solely between us, and not with Apple, and the Service, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. You and the Service acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Service. However, you understand and agree that in accordance with this Agreement, the Service has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and the Service acknowledge that as between Apple and the Service, the Service, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, the Service, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
• Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
• Third-Party Beneficiary. The parties 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 thereof).