Last updated on November 15, 2018
PLEASE READ THIS TERMS-OF-USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE THE USE OF “SIZER”, A BODY MEASUREMENTS APPLICATION.
1.1. By downloading, accessing and/or using the website, located at https://sizer.me (the “Website“) or this mobile application (this “Application“), as well as the download, installation and use of any software files, widget and any other service Sizer may provide and/or make available, from time to time, through or in connection with the Website and/or the Application (the “Software”, and together with this Application and the Website, the “Services”) owned by Sizer Technologies Ltd. (“Sizer“) you, the user (“You“) confirm that You have read, understood and agreed to be bound by, and comply with, these terms and conditions as set forth in this Terms-of-Use Agreement (“Agreement”).
1.2. Sizer may change the terms of this Agreement at any time by posting the revised version to this Application and/or the Website, which revised terms shall be effective upon such posting. Your continued use of this Application and/or the Website shall be considered your acceptance of the revised Agreement.
1.3. You must have the most current version of this Application and/or the Software to ensure that it is working properly. It is Your responsibility to periodically check this Application and/or the Website at www.sizer.me, to determine if You have the most current version of this Application and/or the Software.
1.4. If You do not agree to this Agreement, You must refrain from downloading and/or using the Sizer Services.
1.5. Except as specifically referenced herein, this Agreement constitutes the entire agreement between You and Sizer with respect to the use of the Services, and shall replace any and all other agreements.
2.1. You may use the Services only for Your own personal, non-commercial use and only subject to full compliance with the terms and conditions set forth in this Agreement.
2.2. You are strictly prohibited from, and agree that You will not, adapt, edit, change, modify, transform, publish, republish, translate, distribute, or redistribute this Application and/or the Software and/or or the information contained in the Services (in any form or media) without Sizer’s prior written consent.
2.3. You must be at least 16 years old (or such other age permissible by applicable law, but no less than 13) to access and/or use the Services.
2.4. While using the Services, You may not do, intentionally or carelessly, any of the following:
2.4.1. Browse, surf, process, scan or use the services of this Application or the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
2.4.2. Manipulate the URL of the Website, or otherwise gain access to any internal pages to which Sizer has not provided You with a direct link (including, without limitation, URL hacking).2.4.3. Carry out any action which may infringe the copyrights and/or any intellectual property right of Sizer or any other copyright holder.
2.4.4. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority.
2.4.5. Use any automated data collection methods, data mining, robots, reverse engineer or scraping or any data gathering methods of any kind on the Services.
2.5. We reserve the right to bar You from using any of the Services, and suspend or cancel any action carried out on the Website or through this Application, at our sole discretion and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
3. Registration and Account
3.1. At Sizer’s sole discretion, the access to certain of the Services may be subject to additional terms and conditions or limited to users who have subscribed to the Services and registered an account (an “Account”).
3.2. It is clarified that information submitted by You must not contain partial or inaccurate data – only the full, true and accurate details required.
3.3. If You are required to set or change the password for Your Account, to avoid any unauthorized access to the Account and any other possible damage, You:
3.3.1. Shall not disclose Your password to any third party.
3.3.2. Are aware of the importance of changing the password on a periodical basis.
3.3.3. Are aware that it is highly advisable for the password not to contain, whether in straight forward form or reverse order, any of the following: Your name; identity, social security, passport or phone number; significant date; or dictionary word.
3.4. You shall notify Sizer immediately of any suspicion regarding unauthorized access to the Services through Your Account or through a Third Party Account (as defined below).
3.5. Without limiting Sizer’s rights under Section 2.5 above, Sizer reserves the right to suspend any Account and condition access to Account including without limitation due to violation of these terms and conditions.
3.6. For the avoidance of doubt, Your Account, and any privileges granted with respect to such Account, is personal and non-transferrable. You may not assign, transfer or share access to the Account or to any Services which are subject to additional terms and conditions or which are limited to users who have subscribed to the Services.
4. Third Party Login Services
4.1. As specified in Section 3 above, use of or access to certain Services may be subject to registration or login via third party services (the “Third Party Login Services”).
4.2. Sizer expressly disclaims any liability or responsibility for the use of Third Party Login Services in connection with the Services, and assumes that You have been made familiar with the nature of these Third Party Login Services prior to registration or login. For more information regarding Third Party Login Services, their operation or the information they may share and exchange with Sizer, please visit the applicable Third Party Login Service website.
4.3. By connecting with or logging in via Third Party Login Services: You warrant and certify that the Third Party Login Services Account stated or utilized by You (the “Third Party Account”) constitutes Your sole account with such Third Party Login Services, used by You, and solely by You, on a regular basis, and that no other entity or person has any right to access the Third Party Account; and
5. License and Ownership of Intellectual Property
5.1. The Services including all updates, revisions, substitutions and any copies made by or for You of any constituent part thereof are owned by Sizer and are licensed to you on a worldwide, non-exclusive, non-sub-licensable, royalty- free and revocable basis, subject to the terms and conditions set forth in this Agreement. The license includes the right to download this Application to a mobile device via an App store or a web browser; to use the Services as herein set forth; to copy and store this Application and/ or the Software and the material contained in this Application and/or the Software in Your web browser and/or the cache memory of Your device and to print pages from this Application and/or the Website for Your own personal and non-commercial use only.
5.2. All intellectual property of the Services, including all content of the Services, is protected by copyright, trademark, or patent laws, and is owned exclusively by Sizer. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Services. All trademarks and service marks, whether registered or not, and trade names, are owned and/or licensed by Sizer. Sizer does not grant You any other rights whatsoever in relation to the Services or the information/data of the Services. All other rights are expressly reserved by Sizer.
5.3. During your registration and/or your use of the Services, Sizer will collect photos of you, pseudonymize your photos and use them solely to extract your body measurements.
6. Disclaimer of Warranties
6.1. Sizer does not guarantee, promise or otherwise suggest that the use of the Services will provide any specific, successful or satisfactory results. You understand that Your use of the Services is conditioned upon the acceptance of any results they provide “as is”. Sizer cannot guarantee the suitability of the Services to Your needs or the availability of any of the Services.
6.2. Sizer expressly disclaims any and all warranties and conditions which are, express, implied, and statutory warranties including, without limitation, the warranties regarding the availability of the Services, the accuracy, reliability or completeness of the information which is included within the Services and in addition, any warranties of merchantability, fitness or for a particular purpose, security, operability, title and/or non-infringement. In addition, Sizer does not represent or warrant that the Services are free of inaccuracies, errors, defects or bugs of whatever kind. Sizer disclaims any responsibility or liability for any harm resulting from the use of the Services, including, without limitation, for any damage caused by viruses or similar contaminations or destructive features to your mobile or other device.
7. Responsibility for Information
Information presented by Sizer through the Services (the “Information”) shall not constitute advice or professional opinion but rather the personal opinion of the Sizer’s Services, its officers or its employees. Sizer does not represent in any way that any Information is accurate, complete or error free.
8. Limitation of Liability; Indemnification
8.1. Sizer shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever, incurred by You due to use of the Services or due to the non-availability of the Services.
8.2. By using the Services and/or downloading this Application You (and also any third party for whom You operate an account or activity) agree to defend and hold Sizer and its vendors, business partners, representatives, subsidiaries, affiliates, officers, employees, and licensors (each, a “Sizer Indemnified Person”) harmless from any and all claims, actions, demands, liabilities, judgments and settlements, claimed, asserted and/or brought against Sizer Indemnified Person(s) resulting from and/or related to Your use of the Services (collectively, “Claims”) and will indemnify the Sizer Indemnified Peron(s) for any damages, losses, costs and/or expenses, including court costs and attorney’s fees, resulting from any such Claims. To the fullest extent permitted under applicable law, You hereby release Sizer and the Sizer Indemnified Persons from any and all direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other claims, demands, debts, obligations, damages (actual or consequential), costs, fees, fines, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, suffered and/or incurred by You and/or that You may have against them, arising out of or in any way related to the Services.
9. Content Uploaded by You
9.1. In addition to all terms stated under this Agreement, You explicitly warrant and represent that (i) you have all rights in and to any content of Your own creation uploaded to the Services (“User Content”), including without limitation, the rights to upload it to the Services and for its display by Sizer, and (ii) that such use of User Content shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
9.2. Without derogating from Sections 8.2 and 9.1 above, Sizer reserves the right to deny presentation of User Content and to suspend or remove User Content, as stipulated in Section 2.5 above.
9.3. You reserves all rights to User Content created by You and uploaded by You to the Services. Despite the above, You hereby grant Sizer a perpetual, non-exclusive, non-revocable, unlimited and non-royalties bearing license to display such User Content in the ordinary course of the Services. It is hereby clarified that You, as owner of rights to Your User Content, are responsible for enforcing any intellectual property rights in connection thereto.
9.4. For the avoidance of doubt, You permit Sizer to edit Your User Content prior to or following its display so as to conform to the Services’ editing policies, and You undertake to comply with any such policies presented by Sizer.
11. Waiver of Rights to Recommendations and Suggestions
You agree and acknowledge that in sending suggestions or comments regarding the services (“Suggestions”), You waive any and all rights to the Suggestions and shall have no claim regarding implementation of the Suggestions or lack thereof, transfer of the Suggestions to a third party, or regarding lack of any attribution, acknowledgement, credit, remuneration, or compensation with respect to any implementation of the Suggestions by owners of any third party. Sizer will exclusively own any rights to Suggestions which, at its sole discretion, it has chosen to adopt.
12. Modifications to Services
Sizer reserves the right to provide You with modifications and/or updates for the Services at its sole discretion, and may terminate such support, from time to time, for any reason, and without prior notice. Sizer may change, suspend, or discontinue any aspect of the Services at any time, including the availability of the Services. Sizer may also impose limits on certain features and services or restrict Your access to parts or all of the Services without prior notice or liability.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed according to the laws of Israel, without regard to the conflict of laws provisions thereof. Any dispute arising under or in relation to this Agreement shall be resolved exclusively in the competent court of Tel Aviv Jaffa, and You hereby irrevocably submit to the exclusive jurisdiction of such court and agree further that service of process may be effected by means of certified mail, return receipt requested, and that such service will constitute personal service.”