Last Updated: January 29, 2017
Welcome to the Sizely service (the “Service”). Sizely (“Sizely”, “we” or “us”) provides the Service to you subject to the following conditions. Before you may use the Service, you must accept all of the terms and conditions in, and linked to, this Terms of Service (“TOS”) and the linked Privacy Policy. We strongly recommend that, as you read this Terms of Service, you also access and read the linked information. By accessing the Service, you are agreeing to be bound by this TOS. If this TOS conflicts with any of these other documents, the TOS will control for the purposes of usage of the Service. You may only use certain
portions of the Service if you are an Sizely employee or authorized user. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Service in any way. Description of Services. Sizely uses an automated method to generate sizing/ measurement templates.
License and Service Access
Sizely grants you a limited license to access and make to personal use of the Service. This license does not permit you to, and you agree that you will not: (i) modify, alter or change the Sizley templates ; (ii) upload to, post on, or transmit through the Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in Sizely’s sole discretion) an unreasonable or disproportionately large load on Sizely’s infrastructure; (iv) enter information or download information from the Service through any means other than direct user interaction with the Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to the Service. You may not bypass any measures used by Sizely to prevent or restrict access to the Service. Any unauthorized use of the Service by you shall terminate the permission or license granted to you by Sizely and will make any further use of the Service an infringement of Sizely’s intellectual property rights.
Your Account
In consideration of your use of the Service, yo represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted if you use the Service’s registration form (the “Registration Data”). If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sizely has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sizely has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Sizely immediately of any unauthorized use of your account or any other breach of security.
You agree that you will comply with all applicable state, local, federal and international laws when using the Services including, for instance, privacy laws and anti-spam laws in the US, Canada and elsewhere. Sizely reserves the right to refuse service, terminate accounts and/or reject submitted Content in its sole discretion.
PAYMENTS
Monthly Subscriptions
Our charges for monthly and annual plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Refunds
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website. We do not currently provide any refunds for yearly subscriptions, unless you cancel within the first month.
Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Disclaimer of Warranty
EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND SIZELY, SIZELY MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND SIZELY, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SIZELY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIZELY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.
Indemnity
You agree to indemnify and hold Sizely (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection or anti-spam rights) or any claim or liability associated with your use of any Content we have processed as part of the Services.
Electronic Communication
When you use the Service or send emails to Sizely, you are communicating with Sizely electronically. You consent to receive communications from Sizely electronically. Sizely will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links
The Service may provide links to other World Wide Web sites or resources. Because Sizely has no control over such sites and resources, you acknowledge and agree that Sizely is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sizely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Service Policy Modification
Sizely reserves the right to make changes to the Service, related policies and agreements, this TOS and the Privacy Policy at any time. If Sizely makes a material modification to this TOS or the Privacy Policy, we will send you an email at least 10 days prior to the implementation of the modification. When the modification is implemented will notify you by displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: [email protected]. If you choose to continue using the Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
Trademarks
Sizely, and other Sizely service names are trademarks, registered trademarks or trade dress of Sizely or its affiliates in the U.S. and/or other countries. Sizely’s trademarks and trade dress may not be used in connection with any product or service that is not Sizely’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sizely.
Procedure for Claims of Intellectual Property Infringement
Sizely respects the intellectual property of others, and we ask our users to do the same. Sizely may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sizely’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and Sizely will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Sizely agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of Sizely to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sizely does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and Sizely and governs your use of the Service, superseding any prior agreements between you and Sizely with respect to the Service.
