Terms of Service

1. Acceptance of These Terms

These Terms of Service (the "Terms") constitute a binding legal agreement between you and CALSIA LLC ("Calsia", "we", "us" or "our") governing your access to and use of the Calsia mobile application, the website located at calsiapp.com, and all related features, content and services (collectively, the "Services").

By creating an account, accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you access the Services through a mobile application, our End User License Agreement also applies and is likewise incorporated by reference. If you do not agree to these Terms, you must not access or use the Services.

SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 19 CAREFULLY.

2. Definitions

In these Terms, the following words have the following meanings:

1. "Account" means the account you create in order to access the Services.
2. "Content" means any text, image, photograph, video, data or other material made available through the Services.
3. "User Content" means Content that you or another user submits, uploads, posts or otherwise makes available through the Services, including looks, photographs, item details, sizes, fit reports, notes, comments, links and profile information.
4. "Look" means a post consisting of one or more photographs of the same outfit together with the brand, item, size purchased and reported fit.
5. "Sizing Information" means any size chart, fit label, percentage, comparison, summary or other statement made available through the Services concerning the sizing or fit of any garment.
6. "User" means any person who accesses or uses the Services.

3. Eligibility

You must be at least 13 years of age to use the Services. If the jurisdiction in which you reside imposes a higher minimum age for consent to the processing of personal information or for entry into a binding contract, you must have attained that age.

By using the Services you represent and warrant that: (a) you meet the age requirement set out above; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Services under the laws of the United States or of any other applicable jurisdiction; and (d) your Account has not previously been terminated by us for breach of these Terms.

The Services are offered and controlled from the United States. We make no representation that the Services are appropriate or available for use in any other location. You are responsible for compliance with all applicable local laws.

4. Accounts and Registration

Access to the Services requires registration of an Account. You agree to provide accurate, current and complete information at registration and to keep that information accurate, current and complete.

You are solely responsible for maintaining the confidentiality of your credentials and for all activity occurring under your Account, whether or not authorised by you. You agree to notify us immediately at the address in Section 28 upon becoming aware of any unauthorised use of your Account or any other breach of security.

You may maintain only one Account. You may not create an Account on behalf of another person, transfer your Account to any other person, or permit any other person to use your Account.

We reserve certain usernames, including any username that impersonates Calsia, suggests affiliation with Calsia, or is reserved for administrative use. We further reserve the right to reclaim any username at our discretion, including any username that impersonates a third party, that infringes a trade mark or other right, or that is held without bona fide use.

5. License to Use the Services

Subject to your continuing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for your personal, non-commercial purposes.

All rights not expressly granted in these Terms are reserved by us and our licensors. No license is granted by implication, estoppel or otherwise.

6. User Content and License Grant

You retain all ownership rights you hold in your User Content. We claim no ownership of it.

You hereby grant to Calsia a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to host, store, cache, reproduce, adapt, modify (including by cropping, resizing, re-encoding and compressing), publish, publicly perform, publicly display, distribute and otherwise use your User Content, in whole or in part, in any media now known or later developed, for the purposes of operating, providing, developing, improving, securing and promoting the Services. That license includes the right to display your User Content on calsiapp.com, including on publicly accessible profile pages, in application store listings, and in Calsia's advertising, marketing and social media channels.

The license granted in this Section continues for so long as your User Content remains on the Services, and thereafter for such period as is reasonably required to remove copies from backup, archival and cached systems in the ordinary course. The license is irrevocable as to any copy of your User Content that we have incorporated into published advertising or marketing material prior to your deletion of that User Content.

To the extent permitted by applicable law, you waive, and agree not to assert, any moral rights or rights of attribution or integrity in your User Content in connection with the uses licensed above.

You represent and warrant that, with respect to each item of User Content you submit: (a) you own it or have obtained all rights and permissions necessary to grant the license above; (b) you have obtained the consent of every identifiable individual appearing in it; (c) it does not infringe or misappropriate the intellectual property, privacy, publicity or other rights of any third party; and (d) it complies with these Terms and all applicable law.

Photographs posted with a Look or note must be photographs that you took or that were taken of you. You must not post with a Look or note any photograph owned by a brand, retailer, photographer or other person, or any image obtained from the internet.

No compensation is payable for User Content. Nothing in these Terms creates any employment, agency, partnership or joint venture relationship between you and Calsia.

7. Acceptable Use

You must not, and must not permit any other person to:

1. Submit any Content that is unlawful, defamatory, obscene, pornographic, sexually explicit, hateful, harassing, threatening, or that depicts or sexualises any person, and in particular any Content depicting nudity or sexual conduct.
2. Submit as a Look any Content that is not a bona fide look, such as a screenshot, or submit advertisements, promotional material, spam or fraudulent material.
3. Submit Sizing Information that you know or reasonably ought to know to be false, or otherwise act to distort the sizing data available through the Services.
4. Impersonate any person or entity, or misrepresent your affiliation with any person, entity or brand, including Calsia.
5. Harass, bully, stalk, threaten or otherwise interfere with any other User, or attempt to contact a User who has blocked you.
6. Collect, harvest or extract information concerning other Users, whether manually or by automated means, including by scraping, crawling, indexing or bulk downloading.
7. Access or use the Services by means of any robot, spider, scraper or other automated process, or create Accounts by automated means.
8. Circumvent, disable or otherwise interfere with any security, rate-limiting, authentication or access-control feature of the Services, or access any portion of the Services to which you have not been granted access.
9. Interfere with or disrupt the integrity or performance of the Services, including by imposing an unreasonable load on our infrastructure, or probe, scan or test the vulnerability of any system or network without our prior written consent.
10. Use any Content obtained from the Services, including Sizing Information, size charts, aggregated statistics, text or design elements, to develop, train or improve any competing product or service or any machine learning model.
11. Sell, resell, rent, lease, sublicense or otherwise commercialise your Account or your access to the Services.
12. Use the Services in violation of any applicable law or regulation, including export control and sanctions laws.

We may report to law enforcement any conduct that we reasonably believe to be unlawful, and may cooperate with any resulting investigation.

8. Moderation, Reporting and Enforcement

The Services include tools enabling Users to report Content and to block other Users. Reports are reviewed, and we endeavour to act upon each report within twenty-four hours of receipt.

Content submitted through the Services may be subject to automated screening prior to publication, as described in our Privacy Policy. Automated screening is a filtering measure only and is not a representation as to the lawfulness, accuracy or suitability of any Content.

We may, at our sole discretion and without prior notice, remove or restrict access to any Content, limit the functionality available to any Account, or suspend or terminate any Account, for any reason or no reason, including where we believe in good faith that these Terms have been breached, that harm to Users or to Calsia may result, or that legal risk may arise.

We assume no obligation to monitor, review, store or retain any Content, and the continued availability of Content on the Services does not constitute endorsement or approval of it by Calsia.

9. Sizing Information; No Reliance

The Services aggregate self-reported information contributed by Users, together with size charts published by third-party brands and summaries of reviews published elsewhere on the web, in order to present Sizing Information. Sizing Information is provided for general informational purposes only.

You acknowledge that: (a) garment sizing is inherently imprecise; (b) brands alter their patterns, specifications and size designations without notice; (c) garments vary between production runs; (d) individuals of nominally equivalent size may experience materially different fit in the same garment; and (e) information contributed by Users or published by third parties may be inaccurate, incomplete or out of date.

SIZING INFORMATION DOES NOT CONSTITUTE A MEASUREMENT, A RECOMMENDATION, A GUARANTEE OR PROFESSIONAL ADVICE OF ANY KIND. CALSIA MAKES NO REPRESENTATION OR WARRANTY THAT ANY SIZING INFORMATION IS ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR PURCHASING DECISIONS, AND YOU SHOULD CONSULT THE RELEVANT BRAND'S OWN SIZE GUIDE AND RETURNS POLICY BEFORE PURCHASING.

Calsia is not endorsed by, sponsored by or officially connected with any brand referenced in the Services, and no such brand has authorised, reviewed or approved any Sizing Information. Brand names, logos and trade marks are used solely for the purpose of identifying the brand or garment to which a Look, note or page relates, and remain the property of their respective owners (see Section 12). Calsia may participate in a retailer’s affiliate programme as described in Section 11; such participation is a commercial arrangement only and does not constitute endorsement, sponsorship or official connection.

10. Third-Party Services and Links

The Services may contain links to third-party websites, applications and resources, including retailer websites submitted by Users. Such links are provided for convenience only. We do not control, endorse, verify or assume responsibility for any third-party website or its content, products, services or practices.

Any transaction you enter into with a third party, including any purchase of goods, is solely between you and that third party. Calsia is not a party to any such transaction and bears no liability in respect of it.

The Services depend upon infrastructure and services supplied by third parties. Interruption, degradation or failure of any such third-party service may interrupt or degrade the Services, and Calsia bears no liability in respect of any such event.

11. Affiliate Links and Compensation

SOME LINKS IN THE SERVICES ARE AFFILIATE LINKS. IF YOU FOLLOW SUCH A LINK AND SUBSEQUENTLY MAKE A PURCHASE, CALSIA MAY RECEIVE A COMMISSION OR OTHER COMPENSATION FROM THE RETAILER OR BRAND, AT NO ADDITIONAL COST TO YOU. BY USING THE SERVICES YOU ACKNOWLEDGE THIS AND CONSENT TO IT.

Where a Look does not include a link supplied by the User who posted it, the Services may instead present a link to the relevant brand. Any such link may be an affiliate link. Links supplied by Users are not affiliate links unless expressly identified as such.

Receipt of a commission does not constitute an endorsement, recommendation or warranty of any brand, retailer, garment or transaction, and does not indicate that Calsia has evaluated, approved or verified the same. Calsia does not accept payment in exchange for favourable Sizing Information, for preferential placement of Sizing Information, or for the alteration, suppression or reordering of User Content. Sizing Information is derived from the methodology described in Section 9 and is not affected by any commercial arrangement.

Users are not compensated for Looks they post, and receive no share of any commission, unless separately agreed with Calsia in writing.

You are under no obligation to use any link presented in the Services, and may navigate to any brand or retailer directly.

12. Intellectual Property

The Services, and all Content other than User Content, including the Calsia name and wordmark, the software, the user interface, the visual design, the compiled size charts, the methodology by which fit is determined, and all text, graphics and arrangements, are owned by Calsia or its licensors and are protected by copyright, trade mark, trade dress and other intellectual property laws of the United States and other jurisdictions.

Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, republish, download, display, transmit, adapt or create derivative works from any part of the Services. You may share links to the Services and to publicly accessible profile pages.

Calsia and the Calsia wordmark are trade marks of Calsia. You are granted no right or license to use them.

Third-party brand names and logos. The Services display the names and logos of third-party brands so that Users can identify the brand to which a Look, note, item or page relates. That use is nominative fair use: it is intended to be purely factual and descriptive, and each brand name and logo is used only to the extent needed to identify that brand. Each logo is the property of its respective owner. The appearance of a brand’s name or logo in the Services does not constitute, and should not be read as indicating, any partnership, sponsorship, endorsement or affiliation between Calsia and that brand. A rights holder who objects to the display of its logo may contact us at the address in Section 28, and we will review the request promptly.

13. Feedback

If you submit to us any suggestion, idea, feature request, recommendation or other feedback concerning the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up and sublicensable license to use, reproduce, modify and exploit that Feedback for any purpose, without restriction, attribution or compensation. You should not submit any Feedback that you do not wish to be so used.

14. Copyright Policy

Calsia respects the intellectual property rights of others and expects Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the Accounts of Users who repeatedly infringe the copyright of others.

Our designated agent for notices of claimed copyright infringement under the Digital Millennium Copyright Act is: Copyright Agent, CALSIA LLC, 306 W REDWOOD ST, STE 201, Baltimore, MD, 21201. Email: admin@calsiapp.com. Phone: 227-307-2337. Our full intellectual property policy, including how to report trademark infringement and how strikes against an Account are counted, is at calsiapp.com/copyright.

If you believe in good faith that Content available through the Services infringes your copyright, you may submit a written notification to our designated agent containing substantially the following, as required by 17 U.S.C. section 512(c)(3):

1. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it.
4. Information reasonably sufficient to permit us to contact you, including an address, telephone number and, if available, an electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right allegedly infringed.

If you believe that material you submitted was removed or disabled by mistake or misidentification, you may submit a counter-notification containing the elements set out in 17 U.S.C. section 512(g)(3). Please be advised that under 17 U.S.C. section 512(f) you may be liable for damages if you knowingly materially misrepresent that material is infringing or was removed by mistake.

15. Term; Suspension and Termination

These Terms take effect when you first access the Services and continue until terminated in accordance with this Section.

You may terminate these Terms at any time by deleting your Account using the facility provided within the application. Upon deletion, your Account and your User Content cease to be accessible to other Users immediately, and are permanently erased after 30 days, as described in our Privacy Policy.

We may suspend or terminate your Account and your access to the Services at any time, with or without cause and with or without notice. Upon termination, your right to access the Services ceases immediately, and we may delete your User Content.

Termination does not entitle you to any refund, credit or other compensation, and does not terminate the license granted in Section 6 with respect to User Content already incorporated into published material.

Sections 6, 9, 11, 12, 16, 17, 18, 19, 20 and 22 to 27 survive any termination of these Terms.

16. Modification of the Services and of These Terms

We may modify, suspend or discontinue the Services, or any feature of them, at any time, with or without notice, and without liability to you or to any third party.

We may amend these Terms from time to time. Where an amendment is material, we will revise the effective date shown at the head of this document and provide notice through the Services or by electronic mail prior to the amendment taking effect. Your continued use of the Services after an amendment takes effect constitutes acceptance of the amended Terms. If you do not accept an amendment, your sole remedy is to cease using the Services and delete your Account.

17. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALSIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

CALSIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING SIZING INFORMATION, IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. NO ADVICE OR INFORMATION OBTAINED FROM CALSIA CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not permit the exclusion of implied warranties. In such jurisdictions the foregoing exclusions apply to the fullest extent permitted by applicable law, and you may have additional rights that these Terms cannot restrict.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALSIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT CALSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CALSIA ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CALSIA IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

The foregoing limitations apply to, without limitation, any claim arising out of any purchase made or not made in reliance upon Sizing Information, any garment that did not fit, any Content submitted by another User, any unauthorised access to your Account, and any interruption or failure of the Services.

The parties acknowledge that the limitations in this Section are an essential basis of the bargain between them and that Calsia would not provide the Services without them. Some jurisdictions do not permit the limitation or exclusion of liability for certain damages. In such jurisdictions the foregoing limitations apply to the fullest extent permitted by applicable law.

19. Indemnification

You agree to defend, indemnify and hold harmless Calsia and its officers, directors, employees, agents, suppliers and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with: (a) your User Content; (b) your access to or use of the Services; (c) your breach of these Terms or of any applicable law; or (d) your violation of the rights of any third party.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of that claim. You may not settle any matter without our prior written consent.

20. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CALSIA TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

Informal resolution. Before commencing any arbitration or proceeding, the party raising a dispute shall send written notice of it to the other party, describing the dispute and the relief sought, and the parties shall attempt in good faith to resolve it for a period of thirty days. Notice to Calsia shall be sent to the address in Section 28.

Agreement to arbitrate. If a dispute is not resolved within that period, you and Calsia agree that any dispute, claim or controversy arising out of or relating to these Terms or to the Services, including their formation, interpretation, breach or termination, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act.

Exceptions. Either party may bring an individual action in a small claims court of competent jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction in respect of any actual or threatened infringement or misappropriation of intellectual property rights.

Class action waiver. You and Calsia agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this class action waiver is held to be unenforceable as to any claim or remedy, then that claim or remedy, and only that claim or remedy, shall be severed from the arbitration and brought in a court of competent jurisdiction.

Opt out. You may opt out of this arbitration agreement by sending written notice to the address in Section 28 within thirty days of first accepting these Terms, stating your name, your username and your intention to opt out. Opting out does not affect any other provision of these Terms.

Limitation period. Any claim arising out of or relating to these Terms or the Services must be commenced within one year after the cause of action accrues, failing which it is permanently barred, to the fullest extent permitted by applicable law.

21. Governing Law and Venue

These Terms and any dispute arising out of or in connection with them or with the Services are governed by the laws of the State of New York and, where applicable, the federal laws of the United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the extent any dispute is not subject to arbitration under Section 20, the state and federal courts located in New York County, New York shall have exclusive jurisdiction, and you and Calsia each irrevocably submit to the personal jurisdiction and venue of those courts and waive any objection on grounds of forum non conveniens.

22. Electronic Communications

You consent to receive communications from us electronically, including by electronic mail and by notices posted within the Services. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that any act taken by you electronically, including acceptance of these Terms, constitutes your electronic signature and has the same force and effect as a signature given in writing.

23. Notices

Notices to Calsia must be sent to admin@calsiapp.com and are deemed given upon receipt.

Notices to you may be given by electronic mail to the address associated with your Account, or by posting within the Services, and are deemed given upon transmission or posting. It is your responsibility to keep the electronic mail address associated with your Account current.

24. Force Majeure

Calsia shall not be liable for any failure or delay in performance arising out of any cause beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil disturbance, labour dispute, governmental action, power or telecommunications failure, failure of a third-party supplier, or malicious act of a third party.

25. Assignment

You may not assign, delegate or otherwise transfer these Terms or any right or obligation under them, whether by operation of law or otherwise, without our prior written consent. Any attempted transfer in breach of this Section is void.

We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets.

26. Severability, Waiver and Interpretation

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

No failure or delay by Calsia in exercising any right under these Terms constitutes a waiver of that right, and no single or partial exercise of any right precludes any further exercise of it or of any other right. A waiver is effective only if given in writing by Calsia.

The words "including" and "include" are to be read as if followed by the words "without limitation". Headings are for convenience only and do not affect interpretation.

27. Entire Agreement; Third-Party Rights

These Terms, together with the Privacy Policy and the End User License Agreement, constitute the entire agreement between you and Calsia concerning the Services and supersede all prior or contemporaneous understandings, whether written or oral.

Except as expressly provided in the End User License Agreement with respect to Apple Inc. and its subsidiaries, these Terms confer no rights upon any third party.

28. Contact

CALSIA LLC

Electronic mail: admin@calsiapp.com

Support requests may also be submitted through the Contact support facility within the application.