Terms of Service
Welcome and thank you for using FitCollage!
These Terms of Service ("Terms") govern your access to and use of the FitCollage website, app and browser extensions ("FitCollage" or the "Service") and are a contract between you and Twin Gear Labs, Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702 ("Twin Gear", "We", "Us" or the "Company"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using FitCollage, you agree to be bound by these Terms.
1. Our service
We created FitCollage to help save you time & money when buying clothes you love on your phone.
To do that, we personalize content and products you're shown based on your activities. To provide our Service, we need to be able to identify you and your preferences. Second only to helping you buy things you love, we're committed to protecting your data and privacy, and we never sell your information with any third parties or advertisers.
2. Using FitCollage
a. Who can use FitCollage
You may use FitCollage only if you can legally form a binding contract with Twin Gear, and only in compliance with these Terms and all applicable laws. When you create your FitCollage account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed.
If you’re based in the EEA, you may only use FitCollage if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of FitCollage has been provided to us. Using FitCollage may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
c. Commercial use of FitCollage
If you want to use FitCollage for commercial purposes you must first contact us a email@example.com and agree to the terms of our Partnership Policy. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
d. What information is collected about you
When you sign up for or use FitCollage, you give us certain information voluntarily. This includes your name, email address, phone number, profile photo, and any other information you give us. You can also choose to share with us location data or photos. If you buy something on FitCollage, we collect payment information, contact information (address and phone number) and details of what you bought. If you buy something for someone else on FitCollage, we collect their delivery details and contact information.
If you provide your Instagram account or specifics of accounts from other third party services to FitCollage, we also get information from those accounts. The information we get from those services depends on your settings and their privacy policies, so please check what those are.
We also get technical information when you use FitCollage. Whenever you use any website, mobile application or other internet service, certain information gets created and logged automatically. The same is true when you use FitCollage. Our servers record information ("log data"), including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it. This log data includes your Internet Protocol address, the address of and activity on websites you visit where you then activate FitCollage features (like the "Save" Safari browser extension), searches, browser type and settings, the date and time of your request, how you used FitCollage, and device data. If you’d like, you can get more details on the types of information we collect in our logs.
In addition to log data, we collect information about the device you’re using FitCollage on, including type of device, operating system, settings, unique device identifiers and crash data that helps us understand when something breaks. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. Currently, FitCollage is a mobile-only service and does not user cookies to track your activity once you leave the service.
e. What we do with the info we collect
We use the information we collect to provide the best possible Service to you. We commit to showing you content and products that are relevant, interesting and personal to your current needs. In order to do that, it’s necessary for us to use your information to help: identify use as the user; personalize content & products; and provide a secure user experience. In addition, we have a legitimate interest in using the information we collection to help improve the Service and to: Suggest other people who have similar interests; Help your friends and contacts find you on FitCollage, if you agree to this in your settings; Conduct analytics on who is using FitCollage and what they are doing; Improve FitCollage and offer new features; Send you updates and news by email or push notification, depending on your settings.
All information collected is stored in services hosted in the continental United States. Where we transfer information from the EEA to a country that doesn't provide an adequate level of protection, we’ll only do so under appropriate safeguards to protect your information, like standard contractual clauses. Our information storage and retrieval policies are fully GDPR compliant. As the Service does not depend on tracking users once they leave the service, all PII data relevant to you and your use of the service in generated inside the mobile application. As such, data in encrypted both end-to-end using industry standard, 128-bit encryption, and similarly protected once it reaches our servers.
3. Your content
a. Posting content
FitCollage allows you to post content, including photos, text and links from online retailers, as well content and products you have saved from the web using our Safari browser extension. Anything that you save, post or otherwise make available on FitCollage is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to FitCollage.
b. How FitCollage and other users can use your content
You grant FitCollage and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on FitCollage solely for the purposes of operating, developing, providing, and using FitCollage. Nothing in these Terms restricts other legal rights FitCollage may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in FitCollage, for any reason. This includes User Content that we believe violates these Terms or Contend Policy below.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from FitCollage, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. FitCollage and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on FitCollage.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make FitCollage better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, FitCollage doesn’t waive any rights to use similar or related feedback previously known to FitCollage, or developed by its employees, or obtained from sources other than you.
e. Your options in relation to your data and content
You have options in relation to the information we have about you. These are described below. To exercise these options, please contact us at firstname.lastname@example.org. If you're an EEA user, you can:
– access the information we hold about you. We'll usually share this with you within 30 days of you asking us for it.
– get your information corrected or deleted. You can update your information in your Settings. If you have problems with updating the information or if you would like us to delete it, email@example.com.
– object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. If you opt out of receiving marketing messages from us, we may still send you newsletters and updates about your account, such as when another user comments on one of your Saved products. We only send you marketing material if you've agreed to it but, if you'd rather we didn't, you can easily select to delete your account inside the app, then proceed to remove the application from your phone.
– get the information you provided to us sent to another organization, where we hold this information with your consent or for the performance of a contract with you, where it's technically feasible.
– complain to a regulator. If you're based in the EEA and think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commissioner in Ireland or with your local supervisory authority.
4. Copyright and intellectual property
Twin Gear respects the intellectual property rights of others and we expect people on FitCollage to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.
In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on FitCollage that are reported to our designated copyright agent, identified below.
If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on FitCollage by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent or by going to https://fitcollage.com/claim/copyright. Alternatively, you can send the information requested in this form to: FitCollage Copyright Agent, 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702, or by email: firstname.lastname@example.org.
When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from FitCollage.
If we remove content in response to a DMCA notice, we may notify the person who saved it on FitCollage so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
If an account gets too many copyright complaints, you can lose the ability to save products from the web, or we may disable your account altogether.
The Company also respects the trademark rights of others. Accounts with usernames, board names, or any other content that misleads others or violates another's trademark may be updated, transferred or permanently suspended.
If you're concerned that someone may be using your trademark in an infringing way on our site, let us know by completing our trademark complaint form. We'll review your submission and take whatever action we deem appropriate, including temporary or permanent removal of the trademark from FitCollage.
While the trademark complaint form is the best way to reach us with your concerns, you can also email us at email@example.com.
We care about the security of our users. While we work to protect the security of your content and account, FitCollage can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. To help us keep the Service safe and secure for all users, and to maintain access to your account, please:
– Don’t access, use or tamper with our systems or our technical providers’ systems.
– Don’t break or circumvent our security measures or test the vulnerability of our systems or networks.
– Don’t use any undocumented or unsupported method to access, search, scrape, download or change any part of FitCollage.
– Don’t try to reverse engineer our software.
– Don’t try to interfere with people on FitCollage or our hosts or networks, such as sending a virus, overloading, spamming or mail-bombing.
– Don’t collect or store personally identifiable information from FitCollage or people on FitCollage without permission.
– Don’t share your password, let anyone access your account or do anything that might put your account at risk.
Don’t sell access to your account, boards, or username, or otherwise transfer account features for compensation.
6. Third party links, sites, and services
FitCollage may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from FitCollage, you do so at your own risk and you agree that FitCollage has no liability arising from your use of or access to any third party website, service, or content.
In addition, prices of items listed for purchase inside the app are quoted "as is" from the retail and the Company makes not guarantee as to the accuracy of this information.
The Company may terminate or suspend your right to access or use FitCollage for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of Content Policy in section 3(b). Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
If you use FitCollage for commercial purposes (i.e., you are not a consumer) without agreeing to our Partnership Policy as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Twin Gear Labs, Inc. and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
Our Service and all content on FitCollage is provided on an "as is" basis without warranty of any kind, whether express or implied.
The Company specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The Company takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful mi
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, FitCollage's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. FitCollage isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
For any dispute you have with the Company, you agree to first contact us at firstname.lastname@example.org and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address or phone number associated with your FitCollage account. If Twin Gear hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Twin Gear are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your FitCollage account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and the Company agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Twin Gear ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Twin Gear or our Service isn’t arbitrable under applicable laws or otherwise: you and the Company both agree that any claim or dispute regarding the Company will be resolved exclusively in accordance with Section 12 of these Terms.
If you're a consumer in the EEA, Section 11 doesn't apply to you.
12. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Delaware Superior Court at the Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801 and our dispute will be determined under Delaware law.
If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
13. General terms
a. Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use FitCollage after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using FitCollage.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twin Gear without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or Twin Gear may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Twin Gear, you are entitled to terminate the agreement with immediate effect by deactivating your FitCollage account. Twin Gear will provide you with reasonable notice of any such assignment.
c. Entire agreement/severability
These Terms, and any amendments and any additional agreements you may enter into with Twin Gear shall constitute the entire agreement between you and Twin Gear concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
d. No waive
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are a contract between you and Twin Gear Labs, Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702.
Effective date 17 July 2021
Last updated 17 July 2021