Size Stream Term of Use
Thank you for using a Size Stream mobile application, website, product and/or service (“Services”). SizeStream, LLC (“Size Stream”) is a leading provider of 3D body scanning products, services and technology.
Your use of certain Services may be subject to additional terms, which may be presented to you for acceptance when you acquire, order or sign up for those Services or may otherwise be accessible through the Services (“Supplemental Terms”). Such Supplemental Terms will be considered part of these Terms. In the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to your use or access of the Services associated with such Supplemental Terms.
CHANGES TO TERMS
We reserve the right to change these Terms at any time by posting the changes on our website and/or within the Services. Your continued use of the Services following such modifications will be deemed acceptance of any changes to these Terms.
If you are entering into these Terms on your own behalf, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18 years of age, your parent or guardian must enter into these Terms on your behalf, and this parent or guardian represents that he or she accepts these Terms on your behalf and that you are 13 or older. You are not allowed to use the Services if you are under the age of 13.
You acknowledge that Size Stream and its suppliers solely own all rights in and to the Services, and the associated content, source code, algorithms, data structures, screen formats, and concepts, including all related patent, copyright, trade secret, trademark, and other intellectual property rights. You will not remove any copyright or other proprietary notices from the Services or any copies thereof. Size Stream reserves all rights not expressly granted hereunder. You acknowledge and agree that any violation of the terms of this Section would irreparably harm Size Stream and that Size Stream may enforce the terms of this Section through injunctive relief, without limitation to any other rights and remedies available to it.
The license granted under these Terms covers any future releases and updates of the Services that you may acquire, unless any such release is subject to separate terms. Your rights to the previously-installed release terminate once an update has been installed.
You agree to access the Services and associated data only through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, and screen scraping tools, to access, monitor, download or copy any part of the Services, including without limitation any content associated with the Services, unless we have provided prior written consent.
RIGHT TO USE
Size Stream grants you a non-exclusive, non-transferable license to use the Services in executable form solely in support of your own personal use. Size Stream apps may be used solely on a mobile device or tablet that you own or control (and, if you own or control an Apple iPhone, iPad or iPod, as permitted by the Usage Rules of the Apple App Store Terms and Conditions (the “Usage Rules”)). This license does not allow you to use a Size Stream app on any device that you do not own or control, and you may not distribute or make a Size Stream app available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sub license the Services. You may not copy (except as expressly permitted by these Terms and if applicable the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.
You agree to use the Services in compliance with all applicable laws, rules, regulations and standards.
You are solely responsible for maintaining the confidentiality of your Services user id, password, and other account information, and for their ongoing use. You are responsible for all activity occurring under your account.
Use of the Services is personal to you. You agree not to use the Services on behalf of any third party, nor to use or release or sell the Services or any related information for commercial gain. Access to the Services requires your individual email address (i.e. one corresponding to you individually). Size Stream reserves the right to refuse to supply you with the Services where there is reason to believe that the email address provided is a group email address and not for an individual. In this event, Size Stream will notify you of its concerns and give a reasonable opportunity for you to provide replacement compliant email address(es).
You agree to follow any reasonable instructions from Size Stream or its licensor relating to the security of the Services and efficient access to and integrity of the Services, including any request from Size Stream for you to confirm or re-confirm your identity as an authorized Services user before the Services are activated or continued.
You are responsible for the accuracy, legality, currency and compliance of all data and information provided by you in connection with the Services and will be liable if any such data or information is false, misleading, inaccurate or otherwise infringing any Applicable laws in any jurisdiction. Size Stream will have no responsibility for such data and information.
You shall not when using the Services: (i) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (iii) attempt to gain unauthorized access to the Services or its related systems or networks.
You agree to comply with applicable third-party terms of agreement when using the Services (e.g. your wireless data service agreement).
You acknowledge and agree that the Services may require you to acquire and/or use ancillary materials (such as a body suit, mat, and wide-angle lens, or a scanner). Some Services will also require an appropriate physical space for use (such as a large enough room). You are solely responsible for acquiring and maintaining all such required materials, and for having the appropriate physical space for use of the Services.
The Services may enable you to order custom-fitted clothing based on a scan of your body.
Unless otherwise agreed, payment is due in full upon your order for custom clothing. Size Stream does not guarantee the exact color, finish, pattern and weave for any clothing as compared to the item viewed online or at any store.
If you are not satisfied with the quality or fit or delivered clothing and return them to Size Stream within 30 days, Size Stream will inspect the returned clothing and either repair or replace them or refund your payments for the clothing. Size Stream has the sole discretion to determine whether the clothing is defective or faulty.
If you have lost or gained weight, or otherwise changed your body shape, since your last body scan, then you will need to update your scan. Size Stream is not liable for size variation due to weight loss or gain, or changes in your body shape.
All clothing orders are non-cancellable once submitted.
Delivery times may vary based on availability of fabric and other issues. Any delivery times are estimates and are not guarantees. Size Stream will attempt to meet any estimated delivery times.
Some Services may be available only if an associated fee has been paid. All fees are payable in U.S. dollars, and all fees paid are nonrefundable and non-creditable.
Unless another form of payment is agreed by Size Stream, Size Stream will bill your credit card (the term “credit card” includes a credit card or a debit card) for all applicable fees in advance of Services delivery. You shall provide Size Stream or its payment processor with accurate and complete billing information, including your name, address, telephone number, and valid credit card information. You acknowledge that the agreement between you and the applicable credit card issuer governs use of your credit card for payment of amounts owed to Size Stream, including your rights and obligations as a holder of that card.
If Size Stream does not receive payment from your credit card issuer, upon demand you shall pay all overdue amounts by other means acceptable to Size Stream. Size Stream may accept other forms of payment, and if Size Stream invoices you for Services, you shall pay to Size Stream the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a billing discrepancy has occurred, unless you notify Size Stream in writing within 60 days after the date on which that discrepancy first appeared on your credit card account statement or invoice, as applicable, you waive your right to claim that discrepancy.
Service purchases and subscriptions are nonreturnable and cannot be exchanged. Until your Service is terminated, you will continue to accrue charges for which you remain liable, even if you do not use the Service.
If you fail to pay according to these Terms, Size Stream may, without prejudice to its other rights and remedies: (1) charge interest on any unpaid amounts on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your use and/or access to Services, or both (1) and (2). You shall reimburse Size Stream for all reasonable expenses Size Stream incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney’s fees, and court costs. Size Stream may charge a fee for reinstatement of suspended or terminated accounts.
Size Stream may from time to time offer Service promotions and discounts for which you may be eligible, including promotions available for a limited time. Unless otherwise specifically noted, Service promotional offers and discounts apply to first-time purchasers only. Separate terms and conditions may apply to promotional offers and discounts.
You are responsible for ensuring that you have the means to access the Services and to receive any data or information. Size Stream is not responsible for any connectivity issues outside of Size Stream’s control to or from the Services, or for any failure by you to receive any data or information from the Services, due to any spam filters, firewalls, system setting and configurations, or any other reasons.
To the extent that data is being transmitted over a cell phone network, the Internet or other network not controlled by Size Stream or its supplier, you acknowledge that Size Stream has no control over the functioning of the Internet, or any phone, cellular or other non-Size Stream network, and Size Stream makes no representations or warranties of any kind regarding the performance of any such networks.
The Services and all related content are provided as is, and your use of the Services is at your own risk. Size Stream and its officers, directors, employees, affiliates, and agents make no representation or warranty relating to the Services, linked websites, information, and content accessible directly or indirectly from the Services. Size Stream disclaims to the maximum extent permitted by law any and all such representations and warranties. Without limiting the foregoing,Size Stream disclaims all warranties: (a) of merchant ability and fitness for a particular purpose, (b)against infringement of any third party intellectual rights, (c) related to the transmission or delivery of the Services or its content, (d) relating to the accuracy, reliability, timeliness, correctness, or completeness of the Services, and (e) otherwise relating to the performance of the Services.
Size Stream does not warrant that the Services’ functioning will be uninterrupted or that the Services and any associated information will meet your requirements. No oral or written information or advice given by Size Stream or any of its employees, representatives, agents, suppliers, or distributors will create a warranty.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Services.
You agree not to:
delete or revise any material or other information included by us on the Services, except where expressly allowed by the Services;
access any information about other users, including e-mail addresses;
take any action that unreasonably or disproportionately utilizes the Services’ infrastructure or interferes with the proper working of the Services; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services;
violate or attempt to violate the security of the Services
LIMITATION OF LIABILITY
In no event will Size Stream, its affiliates, officers, employees, or suppliers be liable for any damages of any kind, including without limitation any direct, incidental, consequential, indirect, special, or punitive damages, for any personal injury or death, or damages resulting from lost data (including, without limitation, in the case of all of the above-described damages, damages to any phones, tablets, hardware or software and damages related to viruses that may infect your phones, tablets, hardware or software)arising out of or in connection with your use of the Services or any linked websites. We do not guarantee or warrant that access to this Services will not result in, or that files available for download from this Services will be free of, infection from viruses, worms, Trojan horses or other destructive code or code that could result in adverse consequences to your phones, tablets, hardware or software.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Size Stream has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of some damages, Size Stream’s liability in such jurisdictions shall be limited to the greatest extent permitted by law.
SIZE STREAM ASSUMES NO LIABILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY,TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICES.
CHOICE OF LAW AND JURISDICTION
These Terms and the relationship between you and us are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to these Terms. You and Size Stream each irrevocably agrees that the exclusive venue for any action or proceeding arising out of or relating to these terms of service or our relationship with you, regardless of theory, shall be the state and federal courts located in Wake County, North Carolina. You and Size Stream also each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you agree that Size Stream may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
We may modify and enhance our Services from time to time without notice to you. The Services may be temporarily unavailable from time to time for maintenance and other reasons. Size Stream assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, or alteration of user communications.
We may suspend or terminate your right to use the Services in the event we determine in our sole discretion that you have breached these Terms. After such termination, we will have no further obligation to provide the Services to you.
Any suspension, termination, or cancellation will not affect provisions in these Terms which by their nature are intended to survive such suspension, termination, or cancellation, including without limitation the Sections entitled “Intellectual Property”, “Disclaimers”, “Limitation of Liability”, “Choice of Law and Jurisdiction”, and “Additional Terms”.
APPLE IOS TERMS
The terms in this Section apply only if you are using a Size Stream app on an Apple iOS device (iPhone,iPod, or iPad).
These Terms are between you and Size Stream only, and not with Apple. In the event that these Terms provide usage rules that are less restrictive than the Usage Rules set forth for Apps in, or otherwise are in conflict with, the Apple App Store Terms and Conditions (which you acknowledge you have had an opportunity to review), then the Apple App Store Terms and Conditions shall take precedence.
As indicated above, the Size Stream apps are provided on an “as is” basis. As such, Size Stream disclaims all warranties about the Size Stream apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Size Stream, not Apple, shall be solely responsible for such warranty. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Size Stream’s sole responsibility.
To the extent you have any claim relating to the Size Stream app, (a) Size Stream, not Apple, is responsible for addressing any claims by you or any third party relating to the Size Stream app or your possession and/or use of the Size Stream app, including, but not limited to: (i) product liability claims; (ii)any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, and (b) in the event of any third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, to the extent that Size Stream is required to provide indemnification under applicable law, Size Stream, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Nothing in this Section shall be deemed an admission that you may have any such claims.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
These Terms, together with any other legal notices published by us on the Services, constitute the entire agreement between you and Size Stream concerning the Services, whether written or oral. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to Size Stream relating to modifying or improving the Services (“Feedback”),whether solicited or unsolicited, are non-confidential and shall become our sole property. Size Stream shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to Size Stream a worldwide, non-exclusive, royalty-free,perpetual license for the use of Feedback.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You are responsible for all phone service and text messaging fees, and all related fees charges and taxes, associated with the device you use with the Services.
Size Stream shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control.
These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone.
The Services are not available in all languages or in all countries. Size Stream makes no representation that the Services are appropriate or available for use in any particular location. To the extent you choose to access the Services, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws.
Please contact us at the contact information below if you have any questions concerning our Terms:
Size Stream, LLC
223 Commonwealth Ct.
Cary, NC 27511
Telephone Number (919) 650-2525
Last Updated May 2020