5. YOUR USE OF THE SERVICES


5.1. Any content you submit through the Services is governed by the Company’s 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:

• resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App or the Services;
• modify, reverse engineer, decompile or disassemble any part of the App and the Website;
• copy, adapt, alter, modify, translate, or create derivative works of the App and the Website without the written authorization of the Company;
• permit other individuals to use the App and the Website, including but not limited to shared use via a network connection, except under the terms of this Agreement;
• circumvent or disable any technological features or measures in the App and the Website;
• use the App and the Website in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to a content file or other work protected by the copyright laws of any jurisdiction;
• use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
• use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
• use your Account to engage in any illegal conduct;
• upload or transmit any communications that infringe or violate the rights of any party;
• upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, or any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with this Agreement;
• upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software or the Services.
• perform any other actions that are not consistent with this Agreement and applicable laws.

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.

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@dna.style.

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: C Aribau 185,3, 08021, Barcelona. 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 C Aribau 185,3, 08021, Barcelona, 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 C Aribau 185,3, 08021, Barcelona, 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:

• Identification of the copyrighted work that you believe to be infringed. You should describe the work, and, where possible, include a copy or the location of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. You should describe the material, and provide us with its link or any other pertinent information that will allow us to locate the material.
• Your name, telephone number, address and email address.
• A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

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@dna.style.