Terms and Conditions of Use of FASLET
Effective starting: July 18th, 2023.
These Terms and Conditions of use govern the access and use of the solutions provided by FASLET. FASLET B.V. is a Dutch limited company with chamber of commerce number 83956654, registered office and address at Delftsestraat 33, 3013 AE Rotterdam, The Netherlands
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. By accessing and using the FASLET services and the WEBSITE, you AGREE TO BE BOUND BY THE CONDITIONS AND TERMS OF THE PLATFORM.
1. Definitions
As used in this Terms and Conditions of Use, the following terms shall have the following meanings:
1. CUSTOMER/CONTRACTOR: platforms, websites, e-commerce applications that contract FASLET’s services;PARTIES: all those involved and mentioned in these TERMS AND CONDITIONS OF USE, namely, FASLET, CUSTOMER/CONTRACTOR, USER.
2. PLATFORM: means by which USERS the services made available by FASLET through integration with the CLIENT’s website and software;
3. FASLET: company that owns the copyright of the PLATFORM;
4. USER: customers or visitors to FASLET’s CUSTOMERS’ platforms and take or use FASLET’s services through the PLATFORM;
5. VISITOR: those who access the content made available through the WEBSITE;
6. WEBSITE: means by which FASLET presents itself to the public, as well as clarifies its services and products;
7. AGENCIES: agencies that help Customer/Contractor with the implementation of the service.
2. Changes to the Terms
2.1 FASLET reserves the right to make changes to these TERMS AND CONDITIONS OF USE or modify their content, from time to time, for adjustments and insertions, with aims to improve the services provided.
2.2 The new conditions will take effect immediately, as soon as they are published on the WEBSITE and on the PLATFORM, with the latest published version being the one that will regulate current and future commercial and service relations.
3. About the Term
3.1 FASLET aims to develop solutions that serve and assist in the development of the apparel & shoes segment
3.2 These TERMS AND CONDITIONS OF USE apply to regulate the use of the service offered by FASLET, that is, to offer, through the PLATFORM, in addition to, but not limited to, all content, text, software or other materials available through the WEBSITE or the PLATFORM.
4. Grant of Software License
4.1 FASLET makes available through the PLATFORM the Software as a Service (SaaS) modality; therefore, under the conditions established in the TERMS AND CONDITIONS OF USE, FASLET grants the CONTRACTING PARTY a revocable, non-exclusive and non-transferable license to use the software.
5. Services
5.1 FASLET will be able to provide information about the services it provides to its portfolio of clients and brands that utilize its services
5.2 FASLET’s services are available and can be reached by USERS through the PLATFORM, which may be linked via API with the CLIENT’s platform, website, and virtual size assistent software and may vary according to the selection made by the CONTRACTING PARTY.
5.3 FASLET makes the following services available to its CUSTOMERS via the PLATFORM: (i) application of size recommendation, (ii) customization of the USER’s view or recommendation of available products, based on the recommendation of the ideal size, (iii) statistical information about the buying behavior of USERS, (iv) possibility of conducting digital campaigns according to the size of the products.
5.4 Through the PLATFORM, FASLET allows USERS, through the selection of services by the CLIENT and integration with the CLIENT’s platform, website or virtual size assistent software to: (i) ideal size recommendation, based on gender, age, height, weight and body measurements provided by the USER; (ii) availability of customized content by product and size recommendation.
5.4.1 To use the services that can be accessed by USERS, FASLET does not request any registration or additional information to those requested on the “Virtual Size Assistent” screen.
5.4.2 When accessing the PLATFORM screen, the USER may create a PROFILE, which will not request the filling of personal data that enables the identification of the USER, and the naming of the PROFILE is at the USER’s discretion.
5.5 Under applicable law, minors are not allowed to use the PLATFORM, unless they are represented and/or assisted by their parents or legal guardians and authorized by them when providing the requested data (gender, age, height, weight and body measurements). The use of the PLATFORM or the creation of a PROFILE on behalf of a minor assumes that the minor is represented by a person of legal age (adult), who shall be held civilly and criminally liable for any action taken, violation committed or false, incomplete, outdated or inaccurate statement provided by the minor.
5.6 FASLET may, at its sole discretion, change, suspend, limit, restrict or discontinue any application, service, functionality or content of its WEBSITE or PLATFORM, without implying its liability, and the services made available through the WEBSITE or the PLATFORM may be temporarily unavailable, and FASLET shall not be held responsible for any damage or inability to access.
5.7 Content on the PLATFORM and on the WEBSITE, may be made available through third-party links, thus, FASLET is not responsible for third-party services, materials and content accessed by VISITORS, USERS and CLIENTS.
6. Subscriptions
The service will commence 14 days after CLIENTS to start the subscription and will be for a minimum initial period agreed on. After the initial period, the subscription will automatically renew on a monthly basis at the same tariff, excluding any applicable discounts. CLIENTS will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly or annual basis, depending on the type of subscription plan CLIENTS select when purchasing a Subscription.
CLIENTS may cancel the Subscription renewal either through CLIENTS online account management page or by contacting FASLET customer support team.
A valid payment method, including credit card, or bank wire is required to process the payment for CLIENTS subscription. CLIENTS shall provide FASLET with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, CLIENT automatically authorizes FASLET to charge all Subscription fees incurred through CLIENTS account to any such payment instruments.
Should automatic billing fail to occur for any reason, FASLET will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7. Fee Changes
FASLET, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. FASLET will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
CLIENTS continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Furthermore, please note that FASLET also retains the right to adjust the indexation (Consumer Price Index plus six (6) percentage points) as follows:
a. Once a week: FASLET reserves the right to change the indexation (CPI + 6%) on a weekly basis. Such adjustments will be made in accordance with prevailing market conditions and applicable regulations.b. Supplier rate changes: In the event of changes in supplier rates, FASLET reserves the right to adjust prices accordingly. This ensures that any cost fluctuations from our suppliers are reflected in the pricing structure.
8. USERS AND VISITORS Obligations
8.1 USERS and VISITORS are obliged to use the PLATFORM and/or the WEBSITE respecting and observing these TERMS AND CONDITIONS OF USE, the current legislation, customs, public order, as well as the mandatory requirements demanded for the use and acceptance of the use of the PLATFORM.
8.2 The duties and obligations of the USERS are: (i) to provide information in a time and manner established for the correct provision of services by FASLET; (ii) to inform FASLET, immediately, through the available communication channels, of any adverse situation that may have occurred in the operation.
8.3 The USER and VISITOR agree that they may not: (i) harm third parties rights, regardless of their nature, at any time, including during the use of the PLATFORM and WEBSITE; (ii) perform acts that limit or prevent access and use of the PLATFORM and WEBSITE, under appropriate conditions, to other USERS and VISITORS; (iii) illegally access the PLATFORM, WEBSITE or third-party computer systems related to FASLET in any way or form; (iv) disseminate programs or computer viruses capable of causing damages of any nature, including equipment and systems of FASLET or third parties; (v) conduct any acts that may somehow imply any loss or damage to the PLATFORM, WEBSITE or other USERS and VISITORS; (vi) access programming areas of the PLATFORM and WEBSITE, databases or any other set of information that outside the public or restricted areas of the PLATFORM and WEBSITE; (vii) commit or participate in any act that constitutes an infringement of any right of the PLATFORM and WEBSITE (including Intellectual Property of FASLET) or of third parties or any applicable law, or act in any way or form that may contribute to such infringement.
9. Intellectual Property Ownership
9.1 FASLET is the owner of all right, title, and interest in and to each of the rights, free and clear of all liens and other adverse claims. By accessing the WEBSITE and/or PLATFORM and accepting these TERMS AND CONDITIONS OF USE, VISITORS, USERS and CUSTOMERS acknowledge and agree that all content presented on the PLATFORM, WEBSITE or through other means by FASLET, such as applications, materials and services, are protected by copyright, trademarks, patents or other intellectual property rights and laws and are exclusive property of FASLET.
9.2 Access to the PLATFORM and/or WEBSITE and its regular use by VISITORS, USERS and CLIENTS does not grant any right or prerogative over any Intellectual Property, Brand or other content inserted therein. It is forbidden the use, exploration, imitation, reproduction, integral or partial, of any content without the prior written authorization of FASLET. The creation of any derivative works from any FASLET Intellectual Property without the prior written authorization of FASLET is also prohibited.
9.3 VISITORS, USERS and CUSTOMERS may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from the PLATFORM and/or WEBSITE in any form or by any means without FASLET’s prior written permission. Unauthorized use of materials appearing on the PLATFORM and WEBSITE may violate copyrights, trademarks and other applicable laws and may result in criminal penalties or civil fines.
10. Liability
10.1 It is hereby clarified to the VISITOR, USER and CLIENT – who declare themselves aware – that the contents and services provided by FASLET are only related to enable a better experience in virtual shopping for apparel and footwear.
10.2 The VISITOR, USER and CLIENT recognize and agree that, to the maximum extent permitted by law, the entire risk arising from their access and use of the PLATFORM and WEBSITE remains under their responsibility, and, under no circumstances shall FASLET or its directors, representatives, agents, employees, partners or service providers, are liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, service interruption, computer damage, system failure, or those resulting from legal actions and other procedures taken in relation to the use of the PLATFORM and WEBSITE, its content, functionalities and/or tools.
10.3 The VISITOR, USER and CLIENT agree to indemnify, defend and hold FASLET harmless from any claim, notification, subpoena or judicial or extrajudicial action, or any liability, damage, cost or expense arising from any violation and/or infraction committed by the VISITOR , USER, CLIENT or any person acting on their behalf, with their consent or tolerance, in relation to the PLATFORM and WEBSITE (including in relation to any provision of these TERMS AND CONDITIONS OF USE) or any person who has obtained the data of the VISITOR, USER or CLIENT related to their navigation on the PLATFORM or WEBSITE.
10.4 FASLET is not liable on the following circumstances, among others: (i) damages and losses that the VISITOR, USER and/or CLIENT may experience due to the unavailability or partial functioning of the PLATFORM, WEBSITE and/or all or some of its services, information, content, functionality and/or tools, as well as the inaccuracy of any of these elements; (ii) damages and losses that the VISITOR, USER and/or CUSTOMER may experience on internet sites accessible by links included on the PLATFORM, WEBSITE or through the e-commerce platform; (iii) damages and losses that the VISITOR, USER and/or CUSTOMER may experience as a result of using the PLATFORM or WEBSITE in violation of these TERMS AND CONDITIONS OF USE or the Policies described in this document; (iv) damages and losses that the VISITOR, USER and/or CUSTOMER may experience as a result of using the PLATFORM or WEBSITE in violation of the law, customs or public order; (v) damages that the VISITOR, USER and/or CUSTOMER may experience as a result of failures in the PLATFORM or WEBSITE, including failures in the system, server or network connection, or malicious interactions such as viruses, software that may damage, access information from the VISITOR, USER and/or CLIENT equipment and, as a consequence, illegally transfer data and information contained in the VISITOR, USER and/or CLIENT device; (vi) default on any of its obligations under these TERMS AND CONDITIONS OF USE if the reason for its non-compliance is due to acts of God or force majeure; among others.
10.5 FASLET has reserved the right to assist and cooperate with any judicial authority or government agency, and may send registration or business information of its VISITORS, USERS and/or CLIENTS, when it considers that their assistance or cooperation is necessary to protect the VISITORS, USERS, CUSTOMERS, employees, collaborators, administrators, partners or anyone who may be harmed by the action or omission fought.
11. Sanctions
11.1 Notwithstanding any other provisions, FASLET may, at its sole caution and without earlier assent or correspondence, warn, suspend or cancel, temporarily or permanently, the provision of services, and may apply a sanction that negatively impacts its reputation, at any time, initiating legal actions, if: (i) the VISITOR and/or USER does not comply with any provision of these TERMS AND CONDITIONS OF USE, and other FASLET policies; (ii) failing to comply with the VISITOR and/or USER duties and obligations; (iii) perform unlawful or criminal acts; (iv) the identity of the VISITOR and/or USER cannot be verified in case of inconsistency of information or in case of suspicion of falsehood or fraud.
12. Feedback and Information
12.1 FASLET has a communication channel available, by its email privacy@faslet.me, to receive every communication.
Article 13. Liability
13.1 The total liability of FASLET towards the CLIENTS, arising from attributable failures to fulfill an Agreement or otherwise, including FASLET tortious acts, its employees, or third parties engaged by FASLET, is limited to the compensation of direct damages.
13.2 The maximum amount for which FASLET can be held liable is the amount owed by the CLIENTS to FASLET for the Service(s) through which the damage occurred (excluding VAT) based on the Agreement. If the CLIENTS is obligated to pay a recurring fee for these Service(s) according to the Agreement, the liability of FASLET is limited to the amounts owed by the CLIENTS to FASLET (excluding VAT) for these Service(s) over a period of five (5) consecutive months prior to the occurrence of the damage. In the event that the damage is covered by the business liability insurance, the amount shall never exceed six times the monthly fee and shall never exceed the actual payout made by the insurer.
13.3 FASLET is not liable for any indirect damages incurred by the CLIENTS, including but not limited to non-material damages, consequential damages, loss of profits, savings, or damages caused by business interruption.
13.4 If, as a result of an event as referred to in this article, multiple CLIENTS assert claims against FASLET, and the joint claims per event exceed the set limits, FASLET is only obligated to fulfill the claims proportionally based on their size.
13.5 FASLET liability for attributable failures to fulfill the Agreement arises only if the CLIENTS promptly and properly notifies FASLET in writing of the default, setting a reasonable period for remedy of the failure, and FASLET remains in breach of its obligations after that period. The notification of default must contain a detailed description of the failure so that FASLET can adequately respond.
13.6 A prerequisite for the entitlement to any compensation is that the CLIENTS report the damages to FASLET in writing as soon as possible after becoming aware of them. Any claim for damages by the CLIENTS expires one month after the CLIENTS becomes aware that it has suffered damages.
13.7 FASLET is not liable for damages resulting from the non-compliance or incorrect or incomplete compliance with instructions and/or usage instructions given or expressly stated by FASLET.
13.8 FASLET is in no event liable for direct damages resulting from misuse, theft, or any other form of unlawful actions by a third party. This includes, but is not limited to, distributed denial of service attacks (DDoS), hacker attacks, and the placement of malicious software or viruses. This also applies in cases where someone other than the CLIENTS can or does use the Service provided by FASLET.
14. Change of control
In the event of the sale of our shares, the contract should not be subject to immediate termination.
15. Claims and disputes
15.1 Any questions, debates, clashes or any excluded circumstances will be managed officially with FASLET, through the communication channel informed in the TERMS AND CONDITIONS OF USE.
16. Governing Law and Jurisdiction
16.1 To settle any disputes arising from these TERMS AND CONDITIONS OF USE, and that the PARTIES cannot establish that:
16.1.1 The applicable law will be Amsterdam, The Netherlands.
17. Miscellaneous
17.1 These TERMS AND CONDITIONS OF USE and the Policies mentioned have an indefinite duration and may be changed at any time, without prior notice. The applicable wording is that of the update immediately prior to access. Likewise, access to the WEBSITE, the use of the PLATFORM and the resources offered by it have, in principle, an indefinite duration, at the sole discretion of FASLET. FASLET reserves, however, the right to suspend and/or cancel, unilaterally and at any time, access to the WEBSITE and the PLATFORM or to some of its parts or some of its resources, without the need for prior notice.
17.2 The PARTIES declare, for all purposes, that they are independent and autonomous, so that this Instrument does not create any other type of bond between them, including, without limitation, any employment relationship with their partners, as well as any mandate, company, association, partnership, consortium, joint venture or commercial representation between the PARTIES. Each PARTY is fully responsible for its acts and obligations are undertaken through this Instrument.
17.3 Notwithstanding the application of the sanctions specifically dealt with in this Instrument and in the applicable civil and criminal legislation, the USER and/or VISITOR who violate any of the clauses contained in these TERMS AND CONDITIONS OF USE, and/or violate Law or third-party rights, due to activities taken or provided through the PLATFORM or access to the WEBSITE, shall indemnify FASLET, its branches, controlled companies, direct or indirect controllers, directors, managers, employees, representatives and employees, including legal fees, as well as for caused losses and damages.
17.4 VISITORS, USERS and/or CLIENTS declare they have read, understood and accepted all the rules and provisions on these TERMS AND CONDITIONS OF USE.