User Agreement

Limited Trade Development “Next Gen AI” (Company Number 14059737, VAT GB420399211) (hereinafter – “Widget Owner”) offers physical persons (hereinafter – “User”) to sign the present User Agreement (hereinafter – “Agreement”).

The User yields to the terms of the Agreement at each access and/or actual use of the Widget.

The User certifies his acceptance of the Agreement terms with no objections, the User has understood and accepted the meaning of the terms, words and expressions used in this Agreement and the Widget according to their regulatory definition and/or interpretation specified in the Agreement.

The Agreement needs no bilateral signature and is valid in electronic format.

  1. Terms

1.1. Widget – software for electronic computers (hereinafter referred to as computers) texelmoda.com, including, but not limited to, the functionality to obtain data on the estimated size of the Product conforming the User Parameters or the functionality of a Virtual try-on, presented in physical form by a set of data and commands designed to function on computers and other computer devices.

1.2. Product (SKU) – stock keeping unit, product item ID (code number), sold by the Store.

1.3. Virtual try-on – Product image generation on the image the User uploaded via the Widget or selected by the User from the images available on the Widget.

1.4. Legislation – the legislation of the United Kingdom in force.

1.5. Store – a legal entity or an individual entrepreneur, making use of the Widget on its Platform to sell the Product. The Platform under the Agreement is both a website and the Store mobile application.

1.6. User Parameters –information intended to select the most appropriate size of clothing in the process of using the Widget. The User Parameters include gender, height, weight, age, girth and breast size, body height, shoulder across, chest size, waist and hips, as well as other anthropometric data. Actions to enter User Parameters into the Widget form are deemed to be performed by the User.

Other terms and definitions used in the Agreement have meaning and shall be interpreted by the Parties pursuant to the provisions of the Agreement, the established practice of their use, as well as in conformity with the Legislation.

  1. Subject of Agreement

2.1. The Widget Owner grants the User the right to use the Widget at no cost under the simple (non-exclusive) license, and the User undertakes to use the Widget under the terms of the Agreement.

2.2. The territory of the tradable rights – worldwide.

2.3. The term of the transferred rights – term of the Agreement.

2.4. The Widget Owner updates the Widget, namely recovers errors and improves its operation. Updates are an integral part of the Widget; therefore, this Agreement applies to any updates made by the Widget Owner.

2.5. The User is notified that the Widget Owner does not prescribe rates for the Product on its own and is not a party to settlements between the Users and the Store.

2.6. The User is notified that the Widget Owner does not determine the Product pages for the Widget to be placed on its own, since it does not possess such competence. The Store exclusively defines the specific list of Products pages the Widget shall be placed.

2.7. The Widget Owner is not a party to relationship between the User and the Store and is not liable for the content and/or relevance of information provided by the Stores. The User interacts with the Stores regarding the Product purchase independently.

  1. Rules for using the Widget

3.1. The User is of right to:

3.1.1. Get access to the Widget except for routine maintenance periods. The User gets access to the Virtual try-on by entering the User Parameters.

3.1.2. Perform any actions arising from the functionality available to the User and not banned by the Widget Owner.

3.1.3. At detection of failures in the Widget operation, contact the Widget Owner to eliminate them with a detailed description of scenario causing the failure.

3.1.4. Cooperate with the Widget Owner regarding the use of the Widget.

3.2. The User in no event shall:

3.2.1. Modify the Widget, that is, make any changes to it, including translating from one programming language to another, making stylistic or visual changes.

3.2.2. Decompile and disassemble the Widget, perform any actions aimed at restoring the Widget’s source text.

3.2.3. Adapt the Widget (namely make changes for the sole purpose of functioning on specific technical means of the User or under the control of specific User programs), correct errors or make any other changes in the Widget.

3.2.4. Use the Widget other than in a manner provided for by the Agreement and/or violating the Legislation, including by posting materials on the Widget that affect rights of the third parties, including posting photos of the third parties without their consent in the Widget that violate, including, but not limited to, the legislation on personal data.

3.2.5. Change or delete any information about the Widget right holder.

3.2.6. Attempt to circumvent hardware restrictions and protections set by the Widget.

3.2.7. Use any technical means to collect and process information from the Widget, including personal data of Users.

3.3. The Widget Owner is of right to:

3.3.1. Provide the Widget to the User in the scope corresponding to the access to the Widget functionality granted to the User.

3.3.2. Make any changes to the structure and operation algorithms of the Widget, suspend its operability or operability of its functions, change or terminate the Widget functions without due notice to the User and without the latter’s consent to this.

3.3.3. Collect and process the User’s personal data specified in clause 4.1.1. of the Agreement in order to implement the Agreement. The User’s personal data is stored within a period reasonable to fulfill the specified purpose.

  1. 4. Widget functionalities

4.1. The Users are of right to perform the below actions using the Widget:

4.1.1. Enter the User Parameters into the input forms posted in the Widget, which include, depending on gender, the below:

  • height;
  • weight;
  • age;
  • girth and breast size;
  • body height;
  • shoulder across;
  • chest size, waist and hips;
  • other anthropometric data.

4.1.2. Get data on the estimated size of the Product corresponding to the User Parameters entered by him in the input forms posted in the Widget. The data on the estimated size of the Product is relative. The Widget Owner does not guarantee that such data is true to fact, in particular, to the User Parameters.

4.1.3. Use the Widget as prescribed by section 5 of the Agreement.

4.1.4. Move the Product into the Store basket.

  1. Functionalities of Virtual try-on

5.1. The User is of right to take the below actions to use the Virtual try-on:

5.1.1. Make a choice between the image provided by the Widget and the image posted directly by the User.

5.1.2. Post his own image or the image of a third party, if the User has received consent to such posting according to the procedure set by the Legislation.

5.1.3. Get the final image of the Product on the image selected by the User. The Widget Owner does not guarantee that the final image meets the subjective expectations of the User.

5.2. Using functionalities of the Virtual try-on, the User agrees with the further use of his image by the Widget Owner or, in case of the third party image posting in the Widget, assures the Widget Owner of the available consent of such person to use his image for Virtual try-on.

5.3. The Widget Owner uses the image within the period not exceeding the period of use of the Virtual try-on by the User for the sole purpose of providing functionalities of the Virtual try-on to the User. The Widget Owner receives the image placed by the User in the Widget and performs actions with it to generate the Product image on the received image of the User.

  1. Liabilities of the Parties

6.1. The Widget is provided to the User “as is” in accordance with the generally accepted principle of international practice. This means that the Widget Owner is not liable for problems, arising during the installation, updating, support and operation of the Widget (including compatibility problems with other software products (packages, drivers, etc.), discrepancy between the results of the Widget use and the User expectations, etc.). The User is to understand that he is fully liable for possible negative consequences caused by incompatibility or conflicts of the Widget with other software products installed on the User’s device.

6.2. The User is solely responsible to third parties for his actions related to the use of the Widget, including if such actions cause violation of rights and legitimate interests of the third parties, in case the User received no consent of a third party pursuant to the procedure set out in clause 5.1.2. of the Agreement, as well as for compliance with the Legislation when using the Widget.

6.3. The Widget Owner is not liable for any kind of damages resulting from the User’s use of Widget or its individual parts/functions.

6.4. The Widget Owner is not liable for quality of the Product, as well as for actions (inaction) of the Store related to Product sale.

6.5. The Parties shall not be held liable in case the obligations are not fulfilled or performed unduly due to force majeure circumstances that arose after conclusion of the Agreement, which the Party referring to such circumstances could not have foreseen and prevented by reasonable measures.

  1. Dispute settlement

7.1. The Parties settle all disputes and disagreements through negotiations.

7.2. In case the Parties fail to settle the dispute through negotiations, it is subject to settlement by addressing a claim to the address of the Widget Owner. The deadline for sending a response to the claim may not exceed 30 (thirty) calendar days.

7.3. Unadjusted disputes under the Agreement are referred to the court at the location of the Widget Owner.

  1. Validity of the Agreement

8.1. The Agreement is effective from the date of acceptance and valid until the expiration time for Agreement or withdrawal of the offer. The expiration time for the Agreement is the end of the session on the Store website. The offer is withdrawn by posting relevant information on the website of the Widget Owner.

8.2. The Widget Owner is of right to change the Agreement unilaterally. The changes are effective on the next day from the date the new version of the Agreement is posted on the Widget Owner’s website, of which the User is notified at his subsequent use of the Widget.

8.3. Use of the Widget means that the User agrees to the new version of the Agreement. If there is disagreement with any provision of the Agreement and/or its appendices, the User is liable to discontinue using the Widget.

8.4. The present Agreement may be terminated prematurely:

8.4.1. by mutual agreement of the parties;

8.4.2. otherwise if statutory required.

  1. Final clauses

9.1. For all matters, not regulated by the present Agreement, the Parties shall be governed by the Legislation.

  1. Contact data of the Widget Owner

Next Gen AI, LTD

Company Number: 14059737

VAT: GB420399211

Legal address: 71 75 Shelton Street Strand, London, WC2H 9JQ

Tel: +44 7411 018 909

E-mail: support@texelmoda.com