GENERAL CONDITIONS OF USE OF THE VERISIZE “SIZE ESTIMATOR APPLICATION” SERVICE
These conditions govern the use by the Client of the “Size Estimator Application” Service (hereinafter “the Service”), that is provided by CLOUD SIZING SERVICES S.L. (hereinafter “Verisize”).
First, the Client, whose data has been provided by himself/herself on the registration form,Second, SIZING CLOUD SERVICES SL, established in Avenida Via Augusta /, 0 SantCugat del Valles, with CIF: ESB0, registered in the Commercial Register: Tomo .0, Folio 00, Hoja , Sección general, Inscripción a, hereinafter called VERISIZE
Both parties acknowledge legal capacity to contract Services and STATE The Client sells and distributes garments, footwear, accessories and other items related with fashion through the Internet.
Verisize has developed and owns industrial and intellectual rights over an Internet-based Size Estimator Application which is used to render the Service of size estimation on the Internet. This Service allows any Internet user to estimate his/her size for clothing items (excluding the garments covering the parts of the body such as: head, hands, feet and chest of a woman). With this, he/she will know the best size for him/her.
This Service will be available for the garments that count on with the Service installed. In order to estimate their size, the user needs to input the following data: height, weight, age and choose one of the six body types that best suits his/her body. The user can repeat the process of estimating the size at any time.
The Client is interested in contracting Verisize’s size estimation Services, and therefore, signs this Contract (hereinafter the “Contract”) according to the following:
Object of the contract and integrity of the code The object of the present contract is the provisioning of the Service rendered by Verisize to the Client consisting in offering to the visitors of the Client’s site the option of the size estimation of garments and other pieces of fashion through the use of the Application.
Conditions of the Service
Once the Application is installed in the Client site, the Application will be loaded from the client’s website, but the Service will be actually hosted in Verisize’s servers. The Client can access and modify their account through
The Service offered by Verisize consists of size prediction. In order to render the Service by Verisize the Client has to provide the size guides/measurements associated to each piece of garment (family of garments, brands). In case this data is not adequate, Verisize will not be responsible for any damages or losses that might result from the use of the information about the size recommendation by the user and can rescind this contract.
The Client authorizes Verisize to share each size guide with other customers of the Service that sell brands with the same sizing. The Service will be available upon consultation. If the Client does not deliver this material, Verisize won’t be able to render this Service.
. Given that the Service is rendered from Verisize servers, Verisize will try to keep an adequate Service level related to the traffic generated by the Client. Nevertheless, Verisize won’t respond in case of communication failures or Service falls. Verisize cannot be held responsible, in any case, to the Client nor to users for the use of size estimation provided, being the user the sole party responsible for the decision of the purchase of apparel items. In particular Verisize will not be held liable for reimbursement of shipping costs or any further costs related to the return/exchange process in the case of return or exchange of the item purchased through the Customer Web site.
Verisize will charge the Client a monthly fee for the Service provided according to the number of estimates made monthly. The Service billable is determined by the Client when she/he chooses the modality of the subscription. The Client can upgrade the Plan in any moment. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or when the Client have elected to downgrade Service levels The fees are specified in the Pricing Plan attached to the Contract.
Estimates start counted from the day on which the application is installed. If the number of monthly estimates is higher than the maximum covered by the Pricing Plan chosen, the fees will be applied according to the higher Pricing Plan in accordance with the number of estimates.
Verisize will submit to the Client at the beginning of every calendar month the invoice by the form of prepayment for the Services rendered during that month. The first invoice will be issued after the end of the free trial period covering the second month of the Service provided. The second invoice will be issued at the end of the second month covering the third month of Service provided and so on.
In case of disagreement with the amount invoiced by Verisize, the Client will communicate to Verisize within the following 0 days. After this period, the invoice will be considered as accepted. In case of disagreement, both parties will get in contact to solve that issue within the following month of the date of the invoice.
In any case, the Client will pay the amounts where there is no disagreement one week after the date of the invoice.
The Client will attend the payment of each invoice through a deposit by the amount billed by the credit card, failing that through the means indicated by Verisize.
If the Client returns the collection of an invoice or delays its payment more than days, starting from the invoice date, there will be a delay in payment.
In case the Client wouldn’t attend the payment of the invoice in the terms agreed, Verisize can deactivate the Service immediately.
Obligation of integrity of the code provided by Verisize
The Client is committed to not modify in any case the code provided by Verisize.
In the event that the Customer proceed to modify or manipulate the code of the application, Verisize will not be responsible for the smooth operation of the same or accuracy of the statistics shown in the backoffice and may proceed to terminate the contract with immediate effect.
Information gathered through the Service
Verisize record anonymous information regarding the use of the Application: clicks on the estimator button, estimates and measures introduced. Verisize does not measure or record any other activity in the client page. The information related with users not registered in Verisize will not be linked to any personal data or information which may lead to a personal identification. In any case, the information recorded, may be used in public or private way, always anonymously, for statistic usage or market studies purposes. Contract duration and anticipated termination of the Contract
The Contract will have indefinite termination.
If the client wishes to cancel the contract in advance (in full or in part) he must apply with business days written notice to Verisize, without prejudice to the amounts owed to it by the use of the Service in the current month of the termination of the Contract.
In case Verisize would be interested in terminating the Contract, it will have to do it through a written communication one month in advance of the date of termination.
Both parties commit to treat confidentially the information facilitated or obtained in the execution of this Contract, forcing each other to not divulge it during the life of this Contract and after its termination. Specifically, any information related to the Service and personal information provided by the users, will be treated as strictly confidential and will be considered industrial property at all effects.
Verisize owns all rights to the software application that enables the Service (the Application), either by creating it herself either by be legitimate assignee of a third party. This software application is an original work protected by Intellectual Property Law, for which Verisize reserves all rights. Consequently, it is not allowed the reproduction, processing or distribution -even in the form of making it available- nor the transmission, sold or retransmission, in any form or by any means, all or part of the application, without the prior permission of Verisize or rights holder. Any use of the Application must be made by the Client as provided in this agreement. At any time, it is forbidden to copy, modify or decompile the source code by reverse engineering or other technical effect.
The breach of the obligation contained in the present clause by one of the parties entitles the other to terminate the contract and demand compensation for the damages caused that might correspond.
Verisize may subcontract any third party in connection with the execution of this Agreement without seeking the prior approval of the Client.
Without prejudice to the foregoing, Verisize remain fully responsible for satisfying all of their obligations towards the Client under the Contract, regardless of whether they are being carried out by subcontractors, and also be responsible for the performance of subcontractors as provided in the Contract at any time, and hold harmless the Client regarding any loss or damage it may suffer as a result of the performance of subcontractors, notwithstanding to any direct action Verisize was entitled to exercise at any time.
Responsibility for the Service
Verisize won’t be responsible, in any case, of any harm or damage of any nature caused to the Client that may occur in case of misuse of the Application, except in case of fraud.
Given that the Service is provided from Verisize’s servers, Verisize will try to minimize the errors caused by technical issues. Nevertheless, it is not possible to guarantee that the Service won’t be temporary disrupted or affected for those technical issues. Verisize does not assume any responsibility regarding those errors or disruptions.
At any time, and without prior notification to the Client, Verisize can suspend temporarily the Service for technical problems or force majeure, without obligation to pay any compensation to the Client.
Mercantile character and independency of the Parties
Both parties want to express to all effects the mercantile character of their relationship, being ruled this Contract by civil dispositions on Service rentals.
Under this Contract there is no labor relationship. None of the Parties will represent the other neither in the fulfillment of the legal duties nor in the assumption of responsibilities or commitments. None of the Parties will be able to transfer to third parties, all of some of the obligations assumed in this Contract, without the previous and expressed written authorization, case by case, from the other party.
This legal relationship will be ruled by the Spanish Law which will be applicable in relation to its validity, interpretation, execution and fulfillment.