1. ACCEPTANCE

These terms and conditions (“Terms of Use”) govern your use of the Service provided by SeeFashion Ltd. (“SeeFashion”, “we”, “us”, “our”), a limited liability company (UK registration number 09969046) on your online store (“Online Store”). Terms of Use apply to the service made available on www.see.fashion and to any other service via which SeeFashion is made available or can be used from time to time (the “Service). Use of the Service is also governed by SeeFashion’s Data Processing Addendum, which is incorporated herein by reference and available at www.see.fashion/dpa/.

This Terms of Use is a legal agreement between SeeFashion and you (“you” or “customer”). Before accessing or using the Service, you must agree to this Terms of Use and our Data Processing Addendum. By accessing or using the Service you acknowledge and agree that you have read, understood, and agree to be bound by this Terms of Use and our Data Processing Addendum. 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.

Please read this Terms of Use and our Data Processing Addendum carefully because it governs your use of the Service. We may update and modify this Terms of Use and our Data Processing Addendum from time to time, and by continuing to use the Service after SeeFashion posting of a modification at www.see.fashion/terms you accept the modification. If you do not agree with this Terms of Use and our Data Processing Addendum you should immediately discontinue using the Service and you are entitled to terminate these Terms of Use as provided in clause 12.

Additional terms and conditions may apply to certain additional services and features of the Service provided and developed by SeeFashion or third parties (“Additional Services”). In case the use of the Service includes such Additional Services, regardless of anything to the contrary stated hereunder, they might be exclusively governed by their provider’s standard terms and conditions applicable to such solutions. By accessing or using any Additional Service you acknowledge and agree that you have read, understood, and agree to be bound by such terms and policies applicable to Additional Services. If there is a conflict between these Terms of Use and the terms applicable to certain Additional Services, the latter terms shall control with respect to your use of that Additional Service.

2. THE SERVICE

The Service is an online platform and API intended for use by online retailers. The Service collects and analyzes end user’s online behaviour in order to display personalised product recommendations and website experiences across any device; and deliver real-time business intelligence to the online retailer. You can find a more comprehensive description of the Service and its features at www.see.fashion, as amended from time to time.

The Service is designed to help the customer increase their sales but the Customer remains responsible for how the Service is used and for achieving the intended goals and results. It is the responsibility of the customer to ensure that the output and results of the Service meets customer’s expectation and requirements.

SeeFashion may provide use assistance to the customer upon request. If required, the customer must allow SeeFashion access to the necessary information and facilities, and, to the best of its ability, also otherwise contribute to the delivery of the Service.

Any modifications to SeeFashion scripts, plugins or other parts of Service in an attempt to misuse or abuse the Service and/or bypass the obligation to pay SeeFashion fees for services rendered is strictly forbidden.

SeeFashion is a constantly developing the Service. Therefore, we may amend the features of the Service by removing, modifying or adding existing and new features without giving you a notice. We will, however, endeavour to inform you of material changes in the Service by posting a notice at www.see.fashion. If you are unhappy with the changes in the Service, you can at any time cease to use the Service, and/or terminate these Terms of Use by emailing us a written notice of termination, as explained below.

3. REGISTRATION

The use of the Service requires registration on www.see.fashion or via platform plugins and installation of a javascript plugin on your Online Store logistics as they may occur.

4. YOUR ONLINE STORE

You are solely responsible for your Online Store and your conduct and any data, text, links, information, image and/or any other material (“Content”) that you choose to display through the Service on your Online Store.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws regarding your Online Store, in particular all applicable laws and regulations regarding data privacy and handling of personal data. You are responsible, where required, for informing your Online Store end users of our activities and obtaining your Online Store end users’ consent to us for storing and handling the personal data collected on your Online Store in accordance with this Terms of Use and our Data Processing Addendum
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We may, but have no obligation to, suspend or terminate your use of the Service if we determined in our sole discretion that the Content or your Online Store is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates these Terms of Use.

5. FEES

Using the Service is subject to the fees set out in our price plans made available to you by the SeeFashion team or on www.see.fashion. We may change the price list from time to time.

6. RIGHT TO USE AND PROPRIETARY RIGHTS

Subject to SeeFashion’s confirmation of your registration, SeeFashion grants you a non-exclusive, non-transferable limited right to access and use the Service or any existing SeeFashion Software, against due payment of the agreed fees, in accordance with these Terms of Use and the terms applicable to Additional Services.

Customer shall not i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or any existing SeeFashion Software in any form or media or by any means; ii) attempt to circumvent or modify the Service in order to avoid the obligations set forth in section 5; iii) use the Service for unlawful purposes or against the terms and policies applicable to any social media channels (for example such as Facebook) in which the advertising campaigns are conducted; iv) access all or any part of the Service in order to build a product or service which competes with the Service; v) attempt to obtain, or assist third parties in obtaining, unauthorised access to the Service; vi) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise make the Service available to any unauthorised third party; or vii) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Service (except and only to the extent any foregoing restriction is prohibited by applicable law).

The customer agrees and acknowledges that the title and all intellectual property rights in and to the Service and any data, documentation, images related thereto are owned and remain vested in SeeFashion or a third party (such as SeeFashion’s licensor). No intellectual property rights shall be transferred pursuant these Terms of Use.

In case the customer comments the Service or provides suggestions for improving the Service, the customer agrees that all such comments, suggestions and ideas thereof will be fully assigned to SeeFashion and hence SeeFashion shall own all rights to use and incorporate them into the Service.

7. CUSTOMER DATA

When you use the Service, we collect information automatically from your Online Store. We will act as the data controller with respect of the personal data we may have collected from you during registration or provision of support services, if any. To the extent we collect any personal data of end users of your Online Store, we will act as your data processor in respect of such personal data.

For more information on our data collection practices of your personal data and the end users of your Online Store, please review our Data Processing Addendum at www.see.fashion/dpa. We may update the Data Processing Addendum from time to time, and by continuing to use the Service, you accept the modification. If you do not agree with such update you should immediately discontinue using the Service and you are entitled to terminate these Terms of Use as provided in clause 12.

8. LIMITED WARRANTY

We, our officers, directors, employees and our suppliers provide the Service on reasonable effort basis. While we endeavour to ensure that the Service is available at all times, we make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from the Service or as to the accuracy or reliability of any information obtained through the Service. We warrant that in the event that the Service is not available or that there are errors in its operation we will use every reasonable effort to remedy the event. This is your sole remedy in the event of interruption or errors in the Service.

THERE ARE NO OTHER WARRANTIES THAN WHAT IS EXPRESSLY STATED IN THIS SECTION AND WE DO NOT MAKE ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY LAW.

The customer acknowledges that the actions of the customer and existing third party data providers may affect the use of the Service. SeeFashion does not accept any liability for the operation and function of any third party products and services or actions or omissions of any third party.

9. LIABILITY LIMITATION

The aggregate total liability of SeeFashion towards you in respect of any cause of action relating to or arising out of the Service is at all times limited to the fees and expenses paid by you to us hereunder during the three (3) months immediately before the date on which the cause of loss or damage giving rise to the claim arose.

In no event shall SeeFashion be liable for any loss of production, loss of or corruption to software or data, loss of profits or of contracts, loss of business or of revenues, loss of operation time, loss of goodwill or reputation, whether caused directly or indirectly, or for any indirect, incidental, punitive or consequential loss, damage, cost or expense whatsoever. The aforesaid limitations do not apply to loss or damage arising out of gross negligence or intentional misconduct.

10. INDEMNITY

You agree to indemnify and hold us (and our subsidiaries, officers, directors, employees or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. DISPUTE RESOLUTION AND GOVERNING LAW

Our goal is to make you happy by providing the Service for improving your online sales. In the event a dispute arises between you and us, please email us at support@see.fashion, and we will work quickly towards a solution. Should we are not be able to solve such a dispute amicably in due course, such dispute, controversy or claim arising out of or relating to these Terms of Use or the breach, termination or invalidity thereof shall be settled by the arbitration courts of England and Wales. These Terms of Use shall be subject to the laws of England and Wales, excluding its choice of law provisions.

12. TERMINATION

You can terminate the Service at any time by 30-day prior written notice by sending an email to support@see.fashion. We can terminate these Terms of Use at any time by 30-day written notice by sending an email to the email address you have given upon registration. Upon termination your right to use the Service ceases and we will remove your account. The usage and/or return of the information we have collected shall be subject to Data Processing Addendum.

We can terminate these Terms of Use and/or suspend your use of the Service if your payment is delayed or refused by your credit card company.

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