Terms Of Service

Terms of service

Thank you for using Karmacloset, a personalized fashion recommendation service by Karmastyle Inc. (“Karmastyle”).

These Terms of Service (“Terms”) govern your access to and use of the Karmacloset website and web services accessible from karmacloset.co (“Karmacloset”, “Site” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Karmacloset, you agree to be bound by these Terms and Privacy Policy.

1. Our service

Karmacloset helps you to find clothes that fit. We recommend clothes to you based of your height, size and body type.

2. Using Karmacloset

a. Who can use Karmacloset

You may use Karmacloset only if you can legally form a binding contract with Karmacloset, and only in compliance with these Terms and all applicable laws. You agree that we may automatically update our content and applications, 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.

3. Content

a. Submitting content

Karmacloset allows you to submit outfit ideas, including photos, links, and other materials. The content you recommended is referred to as “User Content”. They will be approved by our team before they become available on Karmacloset. You retain all rights in, and are solely responsible for, the content you submit to Karmacloset.

B. Reporting unauthorized use of Content

Karmacloset respects the intellectual property rights of others.

We do our due diligence to credit every piece of User Content. We also keep the content creator’s product affiliate links, if found at the source.

If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Karmacloset by emailing us at hello@karmacloset.co. We will investigate and respond in a timely manner.

c. How Karmacloset and other users can use your content

By submitting Content, you grant Karmacloset and our users a non-exclusive and royalty-free worldwide license to use, store, display, reproduce, save, modify and distribute your User Content on Karmacloset solely for the purposes of operating, developing, providing, and using Karmacloset. We reserve the right to remove or modify User Content, or change the way it’s used in Karmacloset.

4. Security

We care about the security of our users. While we work to protect the security of your content and information, Karmacloset can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you be careful with your personal information and refrain from entering your personal information on public computers.

5. Third party links, sites, and services

Karmacloset may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Karmacloset. 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 Karmacloset, you do so at your own risk and you agree that Karmacloset has no liability arising from your use of or access to any third party website, service, or content.

6. Disclaimers

Our Service and all content on Karmacloset is provided on an “as is” basis without warranty of any kind, whether express or implied.

Karmacloset recommends outfits based on body type similarities. Because we do not have your exact measurements, we cannot guarantee the fit. Therefore, Karmacloset takes no responsibility and assumes no liability for purchase that causes misfit.  

7. Indemnification

You agree to release, defend (at Karmastyle’s option), indemnify, and hold Karmastyle and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Site or any Services, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.

8. Dispute Resolution and Arbitration Agreement

8.1           This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Karmastyle in the United States.

8.2           Overview of Dispute Resolution Process. Karmastyle is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 8.1 applies: (1) an informal negotiation directly with Karmastyle’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 8). Specifically, the process provides:

·    Claims can be filed with AAA online (www.adr.org);

·    Arbitrators must be neutral and no party may unilaterally select an arbitrator;

·    Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

·    Parties retain the right to seek relief in small claims court for certain claims, at their option;

·    The initial filing fee for the consumer is capped at $200;

·    The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

·    The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

8.3           Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Karmastyle each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Karmastyle’s customer service team by emailing us at hello@karmacloset.co, or at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

8.4           AGREEMENT TO ARBITRATE. YOU AND KARMASTYLE MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SITE, ANY KARMASTYLE SERVICE OR THE COLLECTIVE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND KARMASTYLE AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.

8.5           Exceptions to Arbitration Agreement. You and Karmastyle each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

8.6           Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

8.7           Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Karmastyle agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Karmastyle both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

8.8           Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

8.9           JURY TRIAL WAIVER. YOU AND KARMASTYLE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.

8.10        NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND KARMASTYLE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND KARMASTYLE BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.

8.11        Severability. Except as provided in Section 8.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

8.12        Changes. Notwithstanding the provisions of Section 10.1 (“Notification procedures and changes to these Terms”), if Karmastyle changes this Section 8 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Karmastyle in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

8.13        Survival. Except as provided in Section 8.10, this Section 8 will survive any termination of these Terms and will continue to apply even if you stop using the Site or terminate your Karmastyle account.

9. Governing law and jurisdiction

These Terms shall be governed by the laws of the State of California, 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 Santa Clara County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California 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.

10. General terms

10.1 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 Karmacloset 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 Karmacloset.

10.2 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Karmastyle without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

10.3 Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Karmastyle shall constitute the entire agreement between you and Karmastyle 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.

10.4 No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Karmacloset’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.5 Parties

These Terms are a contract between you and Karmastyle Inc., PO box 103, Palo Alto, CA 94302.

 

 

Questions about the Terms of Service should be sent to us at hello@karmacloset.co

Effective May 22, 2018