These are the General Terms and Conditions on which we supply our services to you.

Please read these terms carefully before using our services.  These terms tell you what you need to know about using a service from us. 
 

Who we are
 
We are Aistetic Ltd – a company incorporated and registered in England and Wales with company number 11776060.  Our main office is at 5 the Chambers Vineyard Abingdon Oxfordshire OX14 3PX.
 
How to contact us
 
You can contact us at aistetic.com, clicking on the ‘Get in Touch’ button. 
 
How we may contact you
 
If we have to contact you, we will send an email to the email address you provided to us.
The terms of this provision will also apply to any claims asserted by you against any of Aistetic’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

How you can experience the service
 

Our service, 3D body measurement,  visualisation and recommendation is available via our apps (iOS, Android, Web app) and our website.  Some of our services will include some but all of these functionalities or benefits to shoppers. Our service might appear on other brands and clothing websites as a white labelled product service. 

Acceptance of our service

Our service is an offer from us to you to provide 3D body measurement,  visualisation and recommendation. After you consent to the service, our privacy notice and cookie notice, we will provide this service to you. It’s at this point that you consent that a contract will come into existence between you and us.  When we acknowledge our service, we’ll also confirm our service number.  If you need to contact us about our service, you should quote this number.

Restrictions on our services 

To use our services, you must be at least 18 years old.

Our rights to cancel our service

If we cannot fulfil our service. In the unlikely event that we’re unable to fulfil our service (e.g. we cannot provide you with measurements, visualisations or recommendations or we change our service dependent on the specific service offered at a clothing brand and retailer), we’ll let you know and advise on what actions are required to provide or receive this service. 
 

Unusual or suspicious activity 
 
We provide our services for your personal use only.  We may cancel a service if we notice something unusual or suspect that our services are being exploited for any commercial, business or re-sale purpose.  If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at Aistetic.com. 

Suspending the supply of products

We may have to suspend the supply of a product to you to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; and/or make changes to the product as notified by us to you.

Our services

We provide 3D body measurement, visualisation and recommendations from mobile devices for shoppers buying clothing. 

The pictures and videos of our services on our website and apps are for illustrative purposes only to explain the services and help ensure a fast and convenient use of our service (s).  As part of our service and this agreement, we will ask customers for data or access to their data platforms to track the performance of the service. This could include ecommerce metrics such as return rates, conversions from the product detail pages using the service and repeat rates amongst other common ecommerce key performance indicators. This performance tracking also could involve directly contacting the end user or customer who has experienced the service. 

 

Billing 

 

We will bill monthly in advance inclusive of any applicable taxes after an initial trial period. Invoices are due upon receipt. Failure to pay may result in suspension of services. 
 

Results of our Services

We are not responsible for in-accurate results outside our control. If our service is not able to provide accurate results (such as measurements, visualisations, recommendations) owing to factors outside our control (e.g. because of not wearing the right clothing, turning too quickly,  not standing in front of a simple background or not capturing all of your body in the frame), we’ll let you know as soon as possible.  
 

Your rights

If you want to end the contract because of one of the reasons set out below, the contract will end immediately, and upon hearing from you in writing, we will either return or delete all of your personal data subject to your preference. The reasons are:
we have told you about an upcoming change to the service or these terms which you do not agree to;
we have told you about an error in the description of the service you have ordered, and you do not wish to proceed; 
we have told you that supply of the service may be significantly delayed because of events outside our control;
we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; 
you have a legal right to end the contract because of something we have done wrong;
or you have a legal right to end the contract because you have changed your mind. 
 
Our rights to end the contract

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, not providing a video or information to provide the service(s); or
you do not, within a reasonable time, allow us to deliver the services to you; or you do not provide data for us to assess the performance of our service. 

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable only if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. 

 

We are not responsible to you for unforeseeable loss or damage.  

If we are found to be liable to you for any damage or loss our liability shall not exceed US$100.00.  This limit would apply to any liability which is in any way connected with or arising out of the contract or our services or your use of the website.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service  (including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations in this Section 10 may not apply to you.

We are not liable for business losses.  We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You are not permitted to resell the software service (s) that Aistetic provides. 

How we may use your personal information
 

We will only use your personal information as set out in our Privacy Notice.  You can read it on our website or apps. 

Other important terms

We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation.  We will contact you to let you know if we plan to do this.  If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and us.  No other person shall have any rights to enforce any of its terms.

We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason.  The most up-to-date version of our terms will always be displayed on our website so please have a look before using our services to ensure you know about any changes which may have been made since your last visit to our website.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law.  The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Arbitration; Waiver of Class Action Claims

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

If you live in the United States, you agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, social media, telephone, catalog, radio, television, mobile device and participating retail stores (collectively "claims"), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").

Before commencing any arbitration, you must give us notice of any claims, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org. The arbitration shall be strictly confidential.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: dataprotection@aistetic.com.

You must provide your name, address, email that is associated with your Aistetic profile or account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Site, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, Aistetic will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.

 If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the Aistetic agree to waive, to the fullest extent allowed by law, any trial by jury.
 
Class Action Waiver

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and Aistetic will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Confditions in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and Aistetic further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site or apps. 
The terms of this provision will also apply to any claims asserted by you against any of Aistetic’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.