Terms and Conditions of Use

Last modification
January 31st, 2023

SIZEBAY offers size recommendation services for clothing, footwear and accessories, consisting of the Virtual Fitting Room and Size Charts, which can be made available on e-commerce platforms in the software as a service (SaaS) modality, which means that SIZEBAY grants the e-commerce a license to use the software.

SIZEBAY’s TERMS AND CONDITIONS OF USE are intended to regulate: (i) the use of the services provided by SIZEBAY, through its clients’ e-commerce platform, and also (ii) the access and contents provided on SIZEBAY‘s website, (iii) the obligations of users, visitors and clients of the platform and website while using the solutions, (iv) the responsibility of the parties involved.

READ CAREFULLY THESE TERMS AND CONDITIONS OF USE. When accessing and using the services of SIZEBAY you AGREE WITH THE CONDITIONS OF THESE TERMS

1. DEFINITIONS

1.1 Before addressing more specific questions about how our solutions work, it is important to understand the concept of some of the terms that are used in this document:

Virtual Store or Client: the e-commerce platforms and e- commerce websites that contract SIZEBAY‘s solutions;

User: are the clients or visitors of the VIRTUAL STORE that use the solutions developed by SIZEBAY;

Sizebay: company that owns the SOFTWARE and the intellectual and commercial property rights related to it;

Parties: are all those involved and mentioned in these Terms, such as SIZEBAY, VIRTUAL STORE and USER;

Software: is the way by which SIZEBAY makes available the SOLUTIONS developed by it and that connects to the VIRTUAL STORE;

Sizebay Solutions: is the VIRTUAL FITTING ROOM and SIZE CHARTS which were developed by SIZEBAY and provided through the SOFTWARE;

Virtual Fitting Room: a size recommendation tool that operates on clued body measurements, with instructions for measuring and fitting;

Size Charts: data relative to the viewed product and instructions on how to measure each part of the body to choose the recommended size.

2. UPDATING OF THESE TERMS

2.1 These TERMS AND CONDITIONS OF USE may have its content, or part of it, modified by SIZEBAY, at any time, aiming at the improvement of the services made available.

2.2 The new conditions will come into force as soon as they are published on SIZEBAY‘s website, being the last published version that will regulate the current and future commercial and service relations.

3. COMMUNICATION

3.1 SIZEBAY has a communication channel available, through the electronic address privacy@sizebay.com, to receive all messages. If you have any doubts about the functioning of our SOLUTIONS or are interested in talking to our team, do not hesitate to contact us!

4. SOFTWARE USE LICENSE

4.1 SIZEBAY provides to the VIRTUAL STORES its SOLUTIONS in the form of Software as a Service (SaaS), thus, SIZEBAY grants the use of the SOFTWARE to the CONTRACTING COMPANIES, on a revocable, non-exclusive and non- transferable basis.

5. ABOUT USER ACCESS TO SIZEBAY SOLUTIONS

5.1 Through its website, SIZEBAY provides information about its SOLUTIONS and other services that it offers to its clients. It is also possible to find information about its client portfolio and contents directed to the fashion market.

5.2 SIZEBAY‘s SOLUTIONS are available and can be accessed by the USERS through the VIRTUAL STORE, which will be integrated with SIZEBAY’s SOFTWARE.

5.3 In addition to the SOLUTIONS consisting of the VIRTUAL FITTING ROOM and the SIZE CHARTS, SIZEBAY also makes available to CLIENTS the customization of the size recommendation screen, statistical information about USERS’ buying behavior and the possibility for CLIENTS to run digital campaigns according to product size.

5.4 The SOLUTIONS developed by SIZEBAY do not require the USER to register on SIZEBAY, as well as no additional information is requested beyond those on the VIRTUAL FITTING ROOM screen, such as: name/surname, age, gender and body measurements.

5.4.1 The USER will not need to inform his real name or nickname in order to have access to the size recommendation.

5.5 Minors cannot use SIZEBAY‘s SOLUTIONS unless they are represented and/or assisted by their parents or legal guardians.

5.5.1 The use of the VIRTUAL FITTING ROOM or the creation of a profile on behalf of a minor assumes that the minor is represented by his/her parents or guardian, who shall be held civilly and criminally liable for any act performed, violation committed, or false, incomplete, outdated, or inaccurate statement provided by the minor.

5.6 SIZEBAY may, at its exclusive criteria, alter, suspend, limit, restrict or discontinue any of its SOLUTIONS, service, functionality or content of its website or the SOFTWARE, without being liable to the USERS.

5.7 SIZEBAY‘s SOLUTIONS and services may also suffer temporary unavailability, a situation that will not cause SIZEBAY‘s responsibility against the USERS.

5.8 Through the use of the SOLUTIONS by USERS or in SIZEBAY‘s website, contents may be made available through third party links, thus, SIZEBAY is not responsible for the services, materials and contents of third parties accessed.

6. USERS’ OBLIGATIONS

6.1 The USERS and CLIENTS are obliged to use the SOLUTIONS respecting and observing these TERMS AND CONDITIONS OF USE, the current legislation, customs and public order.

6.2 The duties and obligations of the USERS are:

(i) to provide the information in the time and manner established for the correct size recommendation by SIZEBAY (ii) to inform SIZEBAY, immediately, through the communication channels available, of any adverse situation that may have occurred in the operation.

6.3 The USER agrees that he/she will not:

(i) harm third party rights, regardless of their nature, at any time, including during the use of the SOLUTIONS;
(ii) perform acts that limit or block the access and use of the SOFTWARE, in adequate conditions, to other USERS;
(iii) illicitly access the SOFTWARE or computer systems of third parties related to SIZEBAY by any way or method;
(iv) spread programs or computer viruses capable of causing damage of any nature, including in equipment and systems of SIZEBAY or third parties
(v) perform any acts that may in any way imply any loss or damage to the SOFTWARE;
(vi) access areas of programming of the SOFTWARE, databases or any other set of information that escapes the public areas;
(vii) perform any act that could constitute a violation of any right of SIZEBAY (including Intellectual Property) or third parties or any applicable law, or act in any way that could contribute to such violation.

7. INTELLECTUAL PROPERTY

7.1 By accessing the SOLUTIONS and using the SOFTWARE, the services and accepting these TERMS AND CONDITIONS OF USE, USERS and CLIENTS acknowledge and agree that all content presented on the screens, in the SOFTWARE or through other means by SIZEBAY, such as applications, materials and services, is protected by copyright, trademarks, patents or other intellectual property rights and laws and is the exclusive property of SIZEBAY.

7.2 Access to the SOLUTIONS and the SOFTWARE and its regular use by USERS and CLIENTS does not give them any right or prerogative over any Intellectual Property, Brand or other content inserted in it. It is prohibited the use, exploration, imitation, reproduction, integral or partial, of any content without the prior written authorization of SIZEBAY. The creation of any derivative works from any SIZEBAY Intellectual Property without the prior written authorization of SIZEBAY is also prohibited.

7.3 USERS and CLIENTS may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from the SOLUTIONS, the services and SOFTWARE in any form or by any means without SIZEBAY‘s prior written permission. Unauthorized use of the materials may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.

8. LIABILITY

8.1 The USER and CLIENT recognize and agree that, to the maximum extent permitted by law, all risks arising from their access and use of the SIZEBAY SOFTWARE and SOLUTIONS remain under their responsibility, and under no circumstances will SIZEBAY or its directors, representatives, agents, employees, partners or service providers be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data, interruption of service, computer damage, system failure, or arising from lawsuits and other procedures taken in relation to the use of the SOLUTIONS and the SOFTWARE, its content, features and/or tools.

8.2 The USER and CLIENT agree to indemnify, defend and hold harmless SIZEBAY from any claim, notice, subpoena or legal or extrajudicial action, or any liability, damage, cost or expense arising from any violation and/or infraction committed by the USER, CLIENT or any person acting on its behalf, in relation to the SOLUTIONS and the SOFTWARE (including in relation to any provision of these TERMS AND CONDITIONS OF USE) or any person who has obtained the USER’s data related to its navigation in the SOLUTIONS available in the VIRTUAL FITTING ROOM.

8.3 SIZEBAY reserves the right to assist and cooperate with any judicial authority or government entity, being able to send registration or business information, when it considers that its assistance or cooperation is necessary for the protection of USERS, CLIENTS, employees, collaborators, administrators, partners or any person who may be harmed by the action or omission.

8.4 SIZEBAY, among other situations that may arise, is excluded from liability for the following circumstances:

(i) damages and losses that the USER and/or CLIENT may experience by the unavailability or partial operation of the SOFTWARE and/or of all or some of its services, information, content, functionality and/or tools, as well as by the incorrectness or inaccuracy of any of these elements;

(ii) damages and losses that the USER and/or CLIENT may experience in internet sites accessible through links included in the access screen to the SOLUTIONS, website or through the e-commerce platform;

(iii) damages and prejudices that the USER and/or CLIENT may experience as a result of the use of the SOLUTIONS or the SOFTWARE in disagreement with these TERMS AND CONDITIONS OF USE or with the Policies described in this document, or in disagreement with the law;

(iv) damages and losses that the USER and/or CLIENT may experience as a result of failures in the SOFTWARE, including those resulting from system, server or network connection failures, or from malicious interactions such as viruses, software that may damage, access information from the USER and/or CLIEN’T’S equipment.

9. SANCTIONS

9.1 Without prejudice to other measures, SIZEBAY may, at its exclusive criteria and without need for prior consent or communication, warn, suspend or cancel, temporarily or permanently, the provision of services, being able to apply sanctions that negatively impact its reputation, at any time, initiating legal actions, if: (i) the USER or the CLIENT does not comply with any device of these TERMS AND CONDITIONS OF USE, and other policies of SIZEBAY; (ii) does not comply with the duties and obligations of USER; (iii) practices illicit, delinquent or criminal acts.

10. DISPUTE RESOLUTION

10.1 Eventual doubts, controversies, conflicts or any omissions, will be treated, administratively, with SIZEBAY, through the communication channel informed in the TERMS AND CONDITIONS OF USE.

11. GOVERNING LAW AND JURISDICTION

11.1 To settle any controversies arising from the present TERMS AND CONDITIONS OF USE, and which cannot be resolved between SIZEBAY and the USER, it must be observed:

11.2 In case of conflict involving CLIENTS, the contract signed between CLIENT and SIZEBAY and the rules for conflict resolution, jurisdiction and applicable law must be observed.

12. GENERAL PROVISIONS

12.1 These TERMS AND CONDITIONS OF USE and the Policies mentioned herein have an indefinite duration and may be changed at any time without prior notice. The applicable wording is that of the update immediately prior to access.

12.1.1 Furthermore, access to and use of the SOLUTIONS, the SOFTWARE and the resources offered by it are, in principle, of indefinite duration, at SIZEBAY‘s sole discretion.

12.1.2 SIZEBAY reserves, however, the right to suspend and/or cancel, unilaterally and at any time, access to the SOLUTIONS, the SOFTWARE or some of its parts or some of its features, without prior notice to the USERS.

12.2 The PARTIES declare, for all purposes, that they are independent and autonomous, so that this Instrument does not create any other type of bond between them, including, without limitation, any labor bond with its partners, as well as any mandate, company, association, partnership, consortium, joint-venture or commercial representation between the PARTIES. Each PARTY is fully responsible for its acts and obligations hereunder.

12.3 Without prejudice to the penalties mentioned in this instrument and the applicable civil and criminal law, the USER and/or CLIENT that violates any of the clauses contained in these TERMS AND CONDITIONS OF USE, and/or violates the Law or rights of third parties, due to activities taken or provided through the SOFTWARE, shall indemnify SIZEBAY, its subsidiaries, controlled companies, direct or indirect controllers, directors, administrators, collaborators, representatives and employees, including as to attorney’s fees, as well as for the losses and damages to which it may give cause.

12.4 The USERS and/or CLIENTS declare to have read, understood and accepted all the rules and provisions contained in these TERMS AND CONDITIONS OF USE.