Choozr Terms of Use

Note! You are concluding a legally binding Agreement.

This Terms of Use Agreement (the “Agreement”) governs your use of the Service located at https://demo.choozr.ai and https://dash.choozr.ai and any other related service (the “Service”), which is owned and operated by Choozr Group Ltd, Friitalantie 11 B, 28400 Ulvila, Finland, [email protected] ( Choozr” “we,” “our” or “us”). By accessing, viewing, downloading, or otherwise using the Service or any webpage or feature available through the Service, or by clicking “Register” during the registration process, you conclude a legally binding agreement with Choozr based on the terms of this Agreement and become a Service user (“User”). If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download, or otherwise use the Service, webpage, or information available through the Service.

No person under the age of 15 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 15 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

1. DESCRIPTION OF THE SERVICE

The Service provides Users with a size recommendation service, made-to-measure service, and related mobile phone applications for ready-to-wear and custom clothing as described at https://choozr.ai from time to time. No devices or connections necessary for using the Service are provided subject to these Terms of Use. You are responsible for purchasing, maintaining, and updating such devices and connections, including (1) all equipment necessary for their own Internet connection, handheld device, mobile phone, computer, and modem, and (2) provision for User’s access to the Internet, and (3) payment of any fees relate with such connection.

2. OWNERSHIP

All copyrights in the Materials are owned by Choozr or its licensors to the fullest extent provided under the applicable laws. All rights in the company names, trademarks, trade names, logos, and designs whether or not appearing in large print or with the trademark symbol, belong exclusively to Choozr or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark laws. The use or misuse of any copyrights or trademarks is expressly prohibited and nothing stated or implied on the Service confers on you any license or right under any copyright or trademark of Choozr or any third party.

The Service and the Materials are intended for customers of Choozr. You may not use the Service or the Materials for any purpose not related to your business with Choozr. Any use of the Service or the Materials or any of its functionality for a purpose not permitted by this Agreement is grounds for the immediate revocation of any usernames, passwords, encryption keys or API keys, or other permissions that may have been granted to you by Choozr for use of the Service.

Except as specifically allowed in these Terms of Use, the User is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available your account, the Service, a part thereof or the material contained therein in any way. User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent permitted under the applicable laws. User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark, or other proprietary rights notices, marks, labels, or any other branding elements contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Service.

3. LICENSE AND WARRANT YOUR SUBMISSIONS

You do not have to submit anything to us, but if you choose to submit something (including any User-generated content, feedback, ideas, concepts, techniques, and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, modify, further develop, prepare derivative works of, improve, distribute, publish, display, remove, retain, add, and use, distribute, sell, sublicense and otherwise exploit, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. You further agree to inform Choozr in the event that any such information has changed since your registration with the Service and, if appropriate, you agree to make such modifications yourself to your profile. The privacy and protection of Users' personal information shall however remain subject to Privacy Policy. Choozr exercises no control over any content you or others submit while using the Service. Choozr has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through the Service in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Choozr.

Prior to joining the Service, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Service Users and to Choozr and you must not communicate to the Service, its Users, and Choozr any information the dissemination of which could be harmful to you.

4. PROHIBITED USES AND CONDUCT

Choozr may offer you an opportunity to transmit Materials or other information through the Service. You shall be responsible for and shall assume all liability with respect to, any Materials or other information you transmit through the Service. You are responsible for any activity that occurs through your account and You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by Choozr in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to: (i) use any incomplete, false, or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Service; (iii) harvest, collect, or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; (v) allow any other person or entity to use your username or password, encryption keys or API keys; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; (vii) access data not intended for you or log into a server or account that you are not authorized to access; or (ix) to post, communicate, transmit or distribute to third parties any content, information or other material received from the end-users for the purpose of using the Service. Choozr may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and Choozr is entitled to remove such violating material or prevent its use without notice. Choozr assumes, however, no responsibility for the conduct of Your or any content submitted by You, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Choozr does not, and cannot, pre-screen or monitor all content provided by You. Your use of the Service is at your own risk. By using the Service, you may be exposed to content provided by Users that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any content provided by Users available in connection with the Service. If at any time Choozr chooses, in its sole discretion, to monitor the Service, Choozr nonetheless assumes no responsibility for content provided by Users and assumes no obligation to modify or remove any inappropriate content provided by Users. Choozr has the right, but not the obligation, in its sole discretion to edit, refuse to post or remove any content provided by Users. You undertake to remove and destroy any content, information, or other materials received from the end-user for the purpose of using the Service if the end-user chooses so at any time.

5. LINKS

We reserve the right to allow, deny or rescind permission to link to the Service from any other Service, and to require termination of any link to the Service, for any reason whatsoever, in our sole and absolute discretion.

The Service may contain links to other websites and services (“Linked Websites”). The Linked Websites are not under the control of Choozr, and Choozr is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. Choozr provides Linked Websites to you only as a convenience, and the inclusion of any such Linked s is not an endorsement by Choozr in favor of any company offering products or services on the Linked Websites.

6. OBLIGATIONS

You are required to comply with all applicable rules, regulations, and laws in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Choozr. As a condition of your use of the Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

7. REGISTRATION, USERNAME, PASSWORD, AND SECURITY

Registration is required to access the community features of this Service. Your registration shall not impose any duty on us to provide any particular service to you. You promise that the information You provide or provided in connection with registration to, and use of the Services is true and accurate. Your username, password, encryption key, and API key will be your identity for purposes of interacting with the Service. You shall keep your username and password and encryption keys and API keys confidential, shall not disseminate this information, and shall use your username and password encryption keys and API keys solely in accordance with this Agreement. You shall immediately notify Choozr if you learn of or suspect: (i) any loss or theft of your username, password, encryption keys, and API keys; or (ii) any unauthorized use of your username, password encryption keys, or API keys of the Service. In the event of such loss, theft, or unauthorized use, Choozr may impose on you, in Choozr’s sole discretion, additional security obligations. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform Choozr thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access. You are responsible for actions taken by using your user name until you have informed Choozr of the loss of the password and Choozr has had a reasonable time to prevent the use of the Service with the user name.

You shall be responsible for taking backups regarding the Materials. If Your Materials stored in the Service are destroyed, lost, altered, or damaged or if You have otherwise caused the destruction, loss or alteration of, or damage to, the Material stored in the Service, Choozr shall no liability for such destruction, loss or damage. Should Choozr be able to recover such Material, Choozr shall have the right to charge for the recovery of such material on the agreed pricing principles.

8. FEES AND PAYMENT

In consideration of the Service, before you pay any fees, you will have the opportunity to review and accept the fees that will be charged. If you pay any fees with a credit card, Choozr may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You can learn about our Services and Subscription by visiting our website choozr.ai. Such Subscriptions are offered with the contents and on the terms and conditions indicated from time to time. If you purchase a Subscription, you need to be at least 18 years old to place an order. FOR THE AVOIDANCE OF ANY DOUBT, ALL PURCHASES AND PAYMENTS MADE ARE FINAL AND NONREFUNDABLE. THE FUNDS CHARGED FROM YOUR CREDIT CARD SHALL BE VALID ONLY UP TO A MAXIMUM OF 9 MONTHS FROM THE CHARGE.

9. PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review separately. You in turn agree and consent to the terms of the Privacy Policy by your use of the Service.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS.” Choozr SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. Choozr MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. Choozr DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Choozr DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY Choozr OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL Choozr OR OUR COMMONLY OWNED OR CONTROLLED AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MATERIALS, THE SERVICE, OR ANY WEBSITE LINKED TO THE SERVICE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE MATERIALS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF Choozr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Choozr’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to indemnify, defend and hold Choozr and its commonly owned or controlled affiliates, as applicable, and their respective officers, directors, employees, agents, and representatives harmless from and against all damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.

13. JURISDICTION IN FINLAND

The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

14. CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy, or claim arising between Choozr and you arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof or either party’s performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.

15. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Choozr and governs your use of the Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Choozr. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable rules, regulations, and laws to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Service changes to this Agreement or by a subsequent writing signed by Choozr.

16. NO WAIVER

The failure of Choozr to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

17. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Choozr as a result of this Agreement or your use of the Service. Nothing contained in this Agreement is in derogation of Choozr’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Choozr with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. MODIFICATION OF THIS AGREEMENT

Choozr reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then-current Service Terms of Use to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. If at any time, you do not wish to accept this Agreement, you may not use the Service.

19. TERMINATION

Your acceptance of this Agreement provides you with a limited right to access and use the Service. Choozr reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by Choozr. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.

20. NOTICES

Your acceptance of this Agreement provides you with a limited right to access and use the Service. Choozr reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by Choozr.