Terms of Service

TERMS OF SERVICE

These StyleScore Terms of Service (the “Terms”) constitute a legally binding agreement made between you and Micuri, Inc. (“StyleScore,” “we,” or “us“), concerning your access to and use of the Service (as defined below). The Service is offered subject to your acceptance of all terms and conditions set forth herein.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE STYLESCORE PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 16 (DISPUTE RESOLUTION) BELOW.

STYLESCORE MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.

1. The Service.

StyleScore operates an online service through its mobile software application known as “StyleScore,” including all features, content, tools, applications, application program interfaces, widgets and other tools and services included on or available therethrough (collectively, the “Service”), which Service allows users to capture and upload pictures of their wardrobe, receive feedback from their approved community of friends, and to create curated, personal looks.

2. Access to the Service.

Subject to and conditioned upon your compliance with these Terms, StyleScore hereby grants to you a personal, revocable, limited, non-transferable, non-exclusive right to use the features and functionality of the Service solely for your personal, non-commercial use. StyleScore may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if StyleScore determines you have violated any term or condition of these Terms. We may modify, terminate, or replace the Service, in whole or in part, from time to time in our sole discretion and without prior notice.

3. Access by Minors.

You must be at least 18 years old to accept these Terms, to register to use the Service, and to create a User Account (as defined below). The Service is not intended for, and may not be accessed or used by, anyone under 13 years of age. If you permit anyone under 18 years of age (a “Minor”) to access or use the Service in any way, either in connection with your own access, use, and/or participation in the Service or through granting such Minor use of your Account, you represent, warrant, and covenant that:

Such Minor is 13 years of age or older
You are the legal guardian of such Minor, or otherwise have obtained the consent and approval of such Minor’s legal guardian to provide the Minor with access to and use of the Service
You shall ensure (including through appropriate supervision) the safety of such Minor while using the Service and such Minor’s compliance with these Terms at all times during his or her use of the Service
You have informed such Minor of the terms and conditions of these Terms, and he or she has agreed to access and use the Service in strict compliance with the same
You shall be solely responsible and liable for such Minor’s access to and use of the Service, including for any injury or damage to the Minor or any other person as a result of such use
All waivers, releases, acknowledgments, and assumptions of risk made by you under these Terms are made both for yourself and on behalf of the applicable Minor.

StyleScore hereby disclaims any and all liabilities arising out of usage of the Service by any Minor without the supervision and consent of such Minor’s legal guardian.

4. User Accounts.

In order to access and use the Service or certain features thereof, you will be required to establish a StyleScore profile and user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify StyleScore of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with StyleScore and take all actions that StyleScore reasonably deems necessary to maintain or enhance the security of the Service or StyleScore’s computing systems and networks and your access to the Service. StyleScore is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this Section 4.

5. Restrictions

You agree to use the Service solely for your personal, non-commercial use, in accordance with all documentation relating to the Service made available by StyleScore (as the same may be updated from time to time), and in accordance with all applicable law. You shall not, nor shall you attempt to

Copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions)
Copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Service, including without limitation, Participant Content (as defined below)
Except as expressly authorized hereunder with respect to Minors, provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party
Sell, resell, rent or lease the Service
Remove any copyright or proprietary notices contained in the Service or any output thereof
Breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service
Scrape or access the Service via any bot, web crawler or non-human user
Access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes
Misrepresent your identity
Stalk or harass any other user of the Service
Attempt to gain unauthorized access to the Service or any related systems, software or networks
Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service
Use the Service to transmit viruses or malicious code
Make any use of, or take any other action with respect to, the Service or any component thereof in a manner that violates applicable law or any provision of these Terms.

6. Term and Termination.

These Terms shall remain in full force and effect while you use or have access to the Service. StyleScore may terminate or restrict your access to any or all of the Service or your User Account, for any reason and without warning, and StyleScore reserves the right to discontinue or modify any aspect of the Service at any time. Any termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination of these Terms, you will remain liable for any accrued charges and amounts due as of the date of such termination, if any, and shall immediately cease to use the Service.

7. User Content.

StyleScore allows you to create, upload, post, send, receive and store content, including photos, videos, comments, links, and other materials. As between you and StyleScore, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all photos, videos, comments, links, information, data, materials, trademarks, tradenames, logos, and other content (including, without limitation, User Messaging (as defined below)) that you upload, input, post, or otherwise make available to or in connection with the Service (collectively, “User Content”). Without limiting the generality of the foregoing, you shall not upload, input or post any User Content or other information, materials or content that:

Infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party
Violates any applicable law
Is, or is likely to be considered, immoral, libelous, tortuous, defamatory, threatening, vulgar, or obscene or harmful to minors
Contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

You retain all rights in, and are solely responsible for, your User Content. You should only provide User Content that you are comfortable sharing with others. We may access, review, screen and delete your User Content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any applicable laws, as more specifically set forth below.

You hereby grant to StyleScore and our affiliates a worldwide, royalty-free, perpetual, sub-licensable and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit and distribute any of your User Content for purposes of making the Services available to you and other users, operating, developing, providing, promoting, and improving the Services, and researching and developing new ones. This license includes a right for us to make your User Content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your User Content.

You acknowledge and agree that StyleScore does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Content, Participant Content (as defined below) or User Messaging) transmitted through or posted to the Service, and StyleScore will not be responsible for such data, information, materials, or content (including User Content, Participant Content, or User Messaging). Notwithstanding the foregoing, however, StyleScore may, at its option and in its sole discretion, monitor and review or remove or delete from the Service any data, information, materials, or content (including any Client Content, Participant Content, or User Messaging) that StyleScore determines violates these Terms.

8. Content from Other Users.

The Service contains content provided by other StyleScore users (“Participant Content”). StyleScore is not responsible for and does not control Participant Content, including, without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use of Participant Content and your interaction with other users through the Service is at your own risk.

YOU UNDERSTAND AND ACKNOWLEDGE THAT STYLESCORE DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES STYLESCORE ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. STYLESCORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU FOR, THE CONDUCT OF ITS USERS OR FOR ANY PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT STYLESCORE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION WITH OTHER USERS. Y

ou agree to, and hereby do, release StyleScore and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arise from your interactions with, or the conduct of, other users of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The Service includes certain features that enable you to message other users and to display your User Content and information about yourself, including in real time (collectively, “User Messaging”). Any opinions, recommendations, offers, advice, or other information disseminated through User Messaging are those of the respective user, and StyleScore shall have no responsibility or liability with respect to the same. All User Messaging is subject to the requirements and restrictions set forth in Section 7 hereof. If you believe that another user has violated these Terms, including, without limitation, with respect to User Messaging or Participant Content, please promptly report the violation to StyleScore at [email protected].

9. Intellectual Property.

As between you and StyleScore, the Service and all software and other technologies embodied in or used to provide the same, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of StyleScore. No rights are granted to you other than as expressly set forth herein.

As between you and StyleScore, but subject to the license set forth in Section 7 hereof, you own all right, title and interest in and to the User Content.

To the extent you provide StyleScore with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Service (collectively, “Feedback”), you hereby assign and agree to assign to StyleScore all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that StyleScore will be free to use such Feedback in any manner, including by implementing such Feedback in the Service and/or StyleScore’s other technologies, products and services, without compensation or other obligation to you.

Without limiting any of StyleScore’s other rights hereunder, StyleScore shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that StyleScore learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation:

Developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools
Testing, implementing, benchmarking, integrating, developing, optimizing or improving StyleScore software and other products and services

Marketing, distributing, or otherwise making StyleScore products and services available to its customers.

10. Third Party Services.

StyleScore may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us. We don’t endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, service or content, etc. from StyleScore, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any third party website, service, or content, etc.

11. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by us and our affiliates.

Through your use of the Service, you may be provided or receive access to the personal information of other users of the Service (“User Information”). You agree that you shall only access or use User Information exclusively for the purpose for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any User Information to a third party for any purpose not directly related to and necessary for your use of the Service. Additionally, you may not use User Information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

12. Digital Millenium Copyright Act.

StyleScore is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: [email protected]. You acknowledge that for StyleScore to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section 12.

13. Indemnity.

You agree to indemnify, defend, and hold StyleScore and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, including, but not limited to, any access to or use of the Service in any manner not expressly authorized hereunder; (b) any claim that the User Content infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy or publicity of any third party; (c) your negligence or willful misconduct; and (d) your breach of any applicable law, rule, or regulation or your violation of the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.

14. Disclaimers.

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, OR BENEFITS MADE AVAILABLE TO THERETHROUGH, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND STYLESCORE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER STYLESCORE NOR ANY PERSON ASSOCIATED WITH STYLESCORE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR ANY CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE TO YOU THERETHROUGH. WITHOUT LIMITING THE FOREGOING, NEITHER STYLESCORE NOR ANYONE ASSOCIATED WITH STYLESCORE REPRESENTS OR WARRANTS THAT THE SERVICE, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. STYLESCORE FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE, ANY USER CONTENT, PARTICIPANT CONTENT, OR USER MESSAGING, OR ANY THIRD PARTY SERVICE. AS BETWEEN YOU AND STYLESCORE, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE SERVICE AND ALL CONTENT AND RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH. YOU UNDERSTAND THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE. ANY USE OF THE SERVICE IS AT YOUR SOLE RISK AND STYLESCORE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SAME.

15. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STYLESCORE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT AVAILABLE THEREON OR THERETHROUGH, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, STYLESCORE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL STYLESCORE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF $100 USD. If you are not satisfied with the Service, your sole and exclusive remedy is to cease all access to and use of the Service.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, StyleScore shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.

You and StyleScore understand and agree that the disclaimers, exclusions, and limitations in this Section 15 and in Section 14 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that StyleScore would be unable to make the Service available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

16. Dispute Resolution.

Please read this Section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Dispute Resolution” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and StyleScore agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of these Terms (“Claim“), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this Section, notices must be sent as follows:

If to StyleScore: via email to [email protected], with confirmation of receipt.
If to you: to any address listed in or associated with your User Account or that you otherwise submit to us through your use of the Service.

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Claim. You and StyleScore each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to StyleScore at: [email protected], with confirmation of receipt. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to StyleScore. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and StyleScore each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor StyleScore may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or StyleScore may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or StyleScore from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of these Terms.

Class Action and Jury Waiver. You and StyleScore each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and StyleScore that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

17. Updates to these Terms.

StyleScore reserves the right to modify or change these Terms, as well as any fees and other amounts charged for the Service, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting to the Service, unless otherwise specified in the updated Terms. You waive any right you may have to receive specific notice of any modifications or changes, except as otherwise required by law. Your continued access to and use of the Service confirms your acceptance of these Terms and any changes or modifications made to these Terms. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the Service.

18. Prohibited Countries Policy.

Neither the Service nor its underlying technology may be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Service, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., 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 you are not listed on any U.S. government list of prohibited or restricted parties).

19. Operation from the United States.

The Service is hosted by servers located in the United States. Using the Service may be prohibited or restricted in certain other countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory. Without limiting the foregoing, if you attempt to use the Service from a physical location in the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law and these Terms (including the StyleScore Privacy Policy): (a) you are transferring your personal information to the United States; (b) you hereby consent to such transfer and to the application of United States federal and state laws with respect to any dispute arising from or related to the Privacy Policy and your use of the Service, and to the exclusive jurisdiction of the courts of the United States and the State of Delaware.

20. Miscellaneous.

You agree and acknowledge that the Service may be temporarily unavailable due to maintenance or other development activities. StyleScore will use commercially reasonable efforts to provide you with advance notice of any such unavailability, but shall not have any liability to you for any planned or unplanned unavailability or downtime.

Except as otherwise set forth herein, these Terms shall be governed by and construed in accordance with the laws of Delaware. Any dispute arising under or with respect to these Terms that is not otherwise governed by the arbitration provisions hereof will be resolved by the state and federal courts located in the State of Viriginia.

You may not assign or transfer these Terms or any of your rights or obligations hereunder to any other person without StyleScore’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. These Terms are freely assignable by StyleScore. These Terms shall be binding on the parties and their permitted successors and assigns. Except as otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to StyleScore must be sent to [email protected]. Notices to you will be sent to any email address associated with your User Account. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and StyleScore with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. Any provision of these Terms that should, by its nature, survive termination will survive any termination or expiration of these Terms.

For more information or other questions, please contact our customer support team by email at [email protected].

You may report a complaint, if you are a resident of California, to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at

400 R Street, Sacramento, CA 95814, United States.