These Terms of Use (“Terms”) are entered into by and between You and sizekick GmbH (“Company,” “Sizekick”, “we,” or “us”, or “our”). These Terms together with our Privacy Policy and any documents they expressly incorporate by reference, govern your access to Sizekick’s Size Recommendation Solution (the “Web App”). Please read these Terms and Privacy Policy carefully before you start to use our Services.
By using the service, you agree to be bound by these Terms.
- Service Overview: Our online sizing solution uses advanced algorithms and data analysis techniques to provide adequate sizing recommendations for clothing. The service is provided by Sizekick to end users at no cost.
- Use of Service: By accessing and using the Sizekick Size Recommendation Solution, you agree to use the service only for its intended purposes and in compliance with all applicable laws and regulations. You must be at least 16 years old to use the service. Any unauthorized or illegal use of the service is strictly prohibited. Sizekick reserves the right to suspend or terminate your access to the service if you violate these Terms or engage in any unauthorized activities.
- Accuracy of Information: Sizekick strives to provide adequate size recommendations, but cannot guarantee the accuracy or completeness of the information provided. You acknowledge that the service is provided "as is" without any warranties, and Sizekick shall not be liable for any damages arising out of or in connection with the use of the service.
- Personal Information: Sizekick processes personal information such as biological sex, age, weight, height, bra size, and at the choice of the user: either a video recording of you rotating once around your own axis or a selected body shape from suggested options. To personalize and further improve your size recommendation, Sizekick also processes the size that was recommended for an apparel article by the solution, the size actually purchased by the user and a Sizekick Unique User ID. With the help of this information you are able to give personal fit feedback. You can also sign up and create your own Sizekick Profile. Sizekick will protect all personal information in accordance with applicable privacy laws and regulations. You can delete your data completely at any time by deleting your Sizekick Profile when you are logged in. Click on "Delete my account" in your Sizekick Profile.
- Intellectual Property: Sizekick exclusively owns all intellectual property rights in the Size Recommendation Solution, including but not limited to the software, code, algorithms, and any associated documentation. You acknowledge and agree that all such intellectual property is protected by applicable intellectual property laws and treaties. Except as expressly permitted under these Terms or with Sizekick's prior written consent, you shall not copy, modify, distribute, create derivative works, reverse engineer, or otherwise infringe upon Sizekick's intellectual property rights. Any unauthorized use, reproduction, or distribution of Sizekick's intellectual property may result in legal action and liabilities.
- Machine Learning: You assign Sizekick to continuously develop the services provided to you, e.g. by anonymizing and analyzing the information by you (hereinafter "customer data") or by analyzing the customer data with the help of algorithms. For this purpose, you grant sizekick GmbH a right to use the customer data.
- Termination: You may terminate your use of the service at any time by stopping use of the service. In case that you signed up for a Sizekick Profile you can delete it at any time. To do this, log in to your Sizekick Profile and click on "Delete my account".
- Limitations of Liability: Sizekick, its officers, employees, affiliates, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the service.
- Governing Law: These terms of use shall be governed by and construed in accordance with the laws of the jurisdiction in which Sizekick is incorporated.
- Entire Agreement: These terms of use constitute the entire agreement between you and Sizekick with respect to the use of the Size Recommendation Solution. Any other agreements, understandings, or representations, whether written or oral, are superseded by these terms of use.
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. In such a case, the invalid or unenforceable provision shall be deemed modified or replaced to the extent necessary to achieve the original intent of the provision.
By using the service, you acknowledge that you have read, understood, and agree to be bound by these terms of use.