Terms and Conditions
TERMS OF SERVICE
Last updated: June 5, 2016
1.1. OÜ StyleUp (”StyleUp”) provides an online platform where you can visualize yourself by trying on different clothes and accessories (the ”Services”). StyleUp Services are accessible at styleup.clothing through which StyleUp makes the Services available (the ”Site”).
1.2. By accessing and using the Site or the Services you agree to be legally bound by the terms and conditions of these Terms of Service (the ”Terms”). The Terms constitute a legal agreement between you and StyleUp.
1.3. If you do not agree with the Terms, you have no right to use the Site or the Services.
1.4. OÜ StyleUp is a private limited company registered under the laws of Estonia with registration code 12192401 and registered address at Sihi 87-4, Tallinn 11616. You can contact StyleUp by e-mail email@example.com or by phone + 372 56 255 205.
2.1. StyleUp reserves a right, at its sole discretion, to amend the Site or the Services or the Terms at any time and without prior notice.
2.2. If StyleUp amends these Terms, StyleUp will post the amendment on the Site or otherwise notify you of the amendment. StyleUp will also update the ”Last Updated” date at the top of the Terms.
2.3. By continuing to access and use the Site or the Services after posting the amendment on the Site or after notifying you of the amendment, you agree to be bound by the amended Terms.
2.4. If you do not agree with the amended Terms, you have to stop using the Site or the Services.
3. Age of the users
3.1. The Site and Services are intended solely for persons who are 18 and older or the age of contractual capacity.
4. Short description of the Site and the Services
4.1. In short the Site and the Services can be used in the following way. On the Site you can try on different virtual 3D clothes and accessories on a virtual 3D model whose body type is similar to your own. This allows you to see how these clothes and accessories would match and also how they would fit the body type. You can see yourself similarly to how other people see you. You can also receive fashion advice.
4.2. The Site and the Services do not show whether a specific clothing item or accessory would fit you in real-life. The virtual 3D models, clothing and accessories published on the Site are not exact copies of reality.
5. Account registration
5.1. In order to access certain features of the Site and to use the Services, you must register to create an account (the ”StyleUp Account”). You may register directly via the Site.
5.2. In order to create a Premium StyleUp Account as stipulated in clause 6.3 of the Terms, you must also pay the fee stipulated in clause 6.3.3 of the Terms.
5.3. Your StyleUp Account and your StyleUp Account profile will be based upon the information you provide StyleUp on the Site.
5.4. You are allowed to have only one StyleUp Account.
5.5. You agree to provide accurate and correct information during the registration process for creating the StyleUp Account. You agree to update the information provided when the information changes.
5.6. StyleUp reserves the right to terminate your StyleUp Account if any of the information provided during the registration process of the StyleUp Account or thereafter is incorrect.
5.7. You have the responsibility to safeguard your password. You agree not to disclose your password to third parties. You are responsible for all the activities under your StyleUp Account.
5.8. You must notify StyleUp immediately of any unauthorized use of your StyleUp Account.
6. Types of Accounts
6.1. You can create one of the following StyleUp Accounts:
6.1.1. Free StyleUp Account or
6.1.2. Premium StyleUp Account.
6.2. Free StyleUp Account
6.2.1. Free StyleUp Account owner has a right to try virtual 3D clothes and accessories on a virtual 3D body type model, which body measurements have been determined by StyleUp, and use the Virtual Fitting Room page made available through the Site.
6.2.2. Free StyleUp Account owner is not charged a fee.
6.2.3. The Free StyleUp Account is created when you dont make the payment (the one-time fee) stipulated in clause 6.3.3 of the Terms.
6.3. StyleUp Member Account
6.3.1. StyleUp Member Account owner has all the rights that the Free StyleUp Account owner has as regulated in clause 6.2.1 of the Terms.
6.3.2. StyleUp Member Account owner also has the following rights.
220.127.116.11. StyleUp Member Account owner can create a personalized virtual 3D body type model, which has the same certain body measurements as the StyleUp Member Account owner (the “Personalized Model”), by providing his or her body measurements required on Virtual Me page made available through the Site.
18.104.22.168. StyleUp Member Account owner agrees and understands that the Personalized Model will not completely replicate the StyleUp Member Account owner’s body.
22.214.171.124. StyleUp Member Account owner can get advice as to which type of clothing items would suit the Personalized Model by e-mail.
126.96.36.199. StyleUp Member Account owner can use the Fitting Room page made available through the Site, where it is possible to try virtual 3D Items on the Personalized Model.
188.8.131.52. StyleUp Member Account owner will get e-mails as to which type of seasonal clothing items would suit the Personalized Model.
6.3.3. StyleUp Member Account can be created for one-time fee 35 EUR (including taxes)
6.3.4. The StyleUp Member Account is created after you have paid the fee stipulated in clause 6.3.3 of the Terms.
7. Ordering 3D clothing items and accessories
7.1. StyleUp Account owner has a right to order virtual 3D clothing items and accessories which will be added to My Wardrobe page made available through the Site. The process of ordering is the following.
7.1.1. StyleUp Account owner has to upload at least 3 photos of the clothing item or accessory (the “Item”) to My Wardrobe page. The Item and its material must be clearly and in detail visible on the photos.
7.1.2. StyleUp Account owner has to provide all the information required on My Wardrobe page regarding the Item.
7.1.3. StyleUp Account owner has to pay the fee stipulated in clause 7.2 of the Terms.
7.1.4. StyleUp may ask the StyleUp Account owner for additional photos and information.
7.1.5. StyleUp creates a virtual 3D image of the Item in 3 calendar days from (1) receiving all the necessary photos of the Item and information about the Item from the StyleUp Account owner and (2) making the payment by the StyleUp Account owner. StyleUp clarifies that the 3 calendar day deadline starts running from the moment StyleUp has received all the necessary photos and information and the payment has been made.
7.1.6. StyleUp makes the virtual 3D image of the Item available on My Wardrobe page and notifies the StyleUp Account owner accordingly.
7.1.7. The StyleUp Account owner agrees and understands that the virtual 3D image of the Item may differ from the real-life version of the Item.
7.2. The fee for creating a virtual 3D image of the Item by StyleUp is 75 EUR (including taxes) per single Item.
7.3. StyleUp reserves a right to decide not to create a virtual 3D image of the Item after the StyleUp Account owner has paid the fee according to clauses 7.1.3 and 7.2 of the Terms, if the photos and information provided regarding the Item by the StyleUp Account owner are of such quality that StyleUp is not able to create a virtual 3D image of the Item. In that case StyleUp will refund the fee paid by the StyleUp Account owner according to the terms and conditions regulated in section 8 of the Terms.
8.1. You can pay the fees stipulated in the Terms to StyleUp by using PayPal.
8.2. StyleUp provides the Services only if the entire fee stipulated in the Terms is paid to StyleUp.
8.3. StyleUp makes payments stipulated in the Terms (for example refunds) by using PayPal.
8.4. StyleUp reimburses the payment made by a StyleUp Account owner within 14 days from receiving the payment if:
8.4.1. the StyleUp Account owner has not paid the entire fee stipulated in the Terms or
8.4.2. StyleUp is unable to create a virtual 3D image of the Item as described in clause 7.3 of the Terms.
9. StyleUp’s liability with regard to purchasing of goods
9.1. StyleUp is not liable for the quality of goods (including how they fit and match) purchased from third parties who are recommended on the Site or to whom you are referred to via the Site.
9.2. StyleUp encourages trying on any clothing or accessory before the purchase. The virtual 3D images and fit of the clothing items and accessories differs from reality.
10. Suspension of the Services
10.1. StyleUp reserves a right to temporarily without prior notice suspend providing the Services and / or access to the Site (for example among other things for the maintenance of the Site). The Services are considered to have been properly provided if the suspension was not longer than 48 hours.
10.2. You agree that the deadline regulated in clause 7.1.5 of the Terms will extend by the length of the period that the suspension stipulated in clause 10.1 of the Terms occurred.
11. Conduct on the Site
11.1. You agree that you are solely responsible for compliance with any and all laws that may apply to your use of the Site.
11.2. In connection with your use of the Site you agree not to:
11.2.1. violate any laws or regulations, or any order of a court;
11.2.2. harm StyleUp brand in any way;
11.2.3. use the Site or Services to post any information concerning another person or entity without their permission;
11.2.4. “stalk” or harass any other user of the Site or Services;
11.2.5. engage in abusive, violent or harassing behavior;
11.2.6. register for more than one StyleUp Account or register for a StyleUp Account on behalf of an individual other than yourself;
11.2.7. offer to supply goods or services to other users of the Site or the public.
11.3. If you violate clause 11.2 of the Terms, StyleUp may delete your StyleUp Account without notice.
12.1. You agree that all the information that you provide to StyleUp by using the Site and the Services is visible to the public, except for the StyleUp Account password, personal data specified in clause 12.3 of the Terms and Personalized Model.
12.2. You can choose to publish Personalized Model wearing Items of your choosing to public on Top Outfits page made available through the Site.
12.3. You agree that StyleUp processes your following personal data for the following purposes:
12.3.1. date of birth for giving age appropriate advice on clothing;
12.3.2. gender for giving gender appropriate advice on clothing;
12.3.3. body measurements for creating Personalized Model if that is applicable;
12.3.4. location for paying VAT if applicable;
12.3.5. e-mail for finding out whether you are a real person and contacting you.
12.4. You agree that StyleUp may process other personal data not named in clause 12.3 of the Terms if it is necessary for the performance of the Terms.
12.5. StyleUp will not provide personal data stipulated in clause 12.3 and 12.4 of the Terms to third parties.
12.6. You agree that StyleUp has a right to use personal data for research and statistics in a coded form. You agree that StyleUp has a right to publish this research and statistics which has been based on personal data in a coded form to public and third parties. For example StyleUp is allowed to provide this research and statistics to clothes manufactures who can use this information for creating better fitting clothing items.
12.7. You may delete your personal data in your StyleUp Account. You may delete your StyleUp Account entirely by sending the request by e-mail: firstname.lastname@example.org.
12.8. If you delete a StyleUp Account for which you have paid a fee, you will not be reimbursed the fee, except when the Terms stipulate otherwise.
13. Intellectual Property Ownership
13.1. The copyright of the Site, including all the content of the Site (text, graphics, images, software etc.), except the original content created by the StyleUp Account owners, belongs to StyleUP.
13.2. The content created by the StyleUp Account owners can include uploads (for example photos), posts etc.
13.3. StyleUp would like to emphasize that the body type system, including the type symbols, (in women A, V, I, D, O, P, X, XX, S and in men A, V, S, I, H, D) made available on the Site is globally unique, developed by StyleUp.
13.4. The Site and its content may be reproduced and translated without StyleUp’s authorization only by a natural person for a personal use.
13.5. If you are interested in copying and distributing the content of the Site or using it in any other way which does not fall under clause 13.4 of the Terms, please contact StyleUp by e-mail: email@example.com. StyleUp may refuse to give its permission.
13.6. StyleUp’s computer program, which creates the virtual 3D models, clothes and accessories and fits these clothing items and accessories on the virtual 3D models, has been granted a certificate of utility model EE 01240. No person may among other activities use, distribute, sell or offer for sale StyleUp’s utility model without StyleUp’s prior authorisation.
14.1. The Terms, which constitute a legal agreement between you and StyleUp, is concluded without term, except in case clause 6.3.3 of the Terms applies.
14.2. If a Premium StyleUp Account is created according to clause 6.3 of the Terms, the term of the agreement is the period for which the Premium StyleUp Account is created for.
14.3. You can terminate the Terms, which constitute a legal agreement between you and StyleUp, on the basis provided by law.
14.4. If you have created a Premium StyleUp Account you can withdraw from the Terms within 14 days from creating your Premium StyleUp Account without giving any reason.
14.5. In order to execute the withdrawal from the agreement between you and StyleUp, you need to send StyleUp an e-mail containing your application to withdraw from the agreement. The e-mail address is firstname.lastname@example.org. StyleUp will immediately send you a confirmation concerning the receipt of the application for withdrawal.
14.6. Upon receipt of an application for withdrawal, StyleUp will return you immediately but not later than after 14 days all the payments received from you based on the Terms. StyleUp will carry out the reimbursements using the same means of payment as was used by you for making the payments.
14.7. If the agreement between you and StyleUp is concluded without term, you or StyleUp can cancel the agreement at any time by sending a declaration of cancellation to the other party by e-mail. StyleUp’s e-mail address is email@example.com.
15. Applicable law and dispute resolution
15.1. This agreement between StyleUp and consumer is governed by the law of the state of residence of the consumer.
15.2. The disputes between StyleUp and consumer are resolved according to the laws of the state of residence of the consumer.