LOOKLET VIRTUAL STUDIO TERMS OF USE

These terms of use (“Terms”) constitute an agreement between Customer and Looklet AB, Götgatan 78, 118 30 Stockholm, Sweden, a company incorporated under the laws of Sweden. The agreement takes effect when Customer accepts the Terms, and the individual who accepts them represents that it is authorized to enter into this agreement on behalf of Customer.

Looklet Virtual Studio enables customers to style and create imagery of its fashion wear. Customer uploads images of fashion wear to Looklet Virtual Studio, then styles them as desired, and downloads the images for use in its marketing channels.

The Terms apply to Customer’s use of Looklet Virtual Studio (the “Platform”) as provided by Looklet from time to time.

In the Terms, “we”, “us” and “our” means Looklet AB and “you” and “your” means the Customer.

1. USE RIGHTS

1.1 Subject to Customer’s compliance with these Terms, Looklet grants to Customer a non-exclusive, non-transferable and limited license to use the Platform solely for Customer’s internal business purposes.

1.2 Customer’s use of the Platform must not violate any applicable laws, including copyright or trademark laws, including laws and regulations in its jurisdiction.

1.3 The Platform is protected by copyright and other intellectual property laws and international treaties. Looklet reserves all rights not expressly granted in these Terms, and no rights are granted or implied by waiver or estoppel.

1.4 You may not use the Platform, or parts thereof, other than as permitted under the Terms. You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the Platform.

2. CUSTOMER IMAGES

2.1 Customer retains full ownership of any images Customer uploads to the Platform.

2.2 Customer is solely responsible for ensuring that it has all necessary rights, licenses and permissions to upload and use the images.

2.3 Customer agrees to defend, indemnify, and hold Looklet harmless from any claims, damages or liabilities arising from third-party claims related to the images Customer uploads, including but not limited to copyright infringement, trademark violations or any other legal disputes.

2.4 Looklet reserves the right to reject any uploaded imagery at its sole discretion, for any reason and at any time.

2.5 Images uploaded to Looklet may not be political, indecent, and/or sexually explicit in nature, nor may they be displayed in contexts that are political, indecent, and/or sexually explicit.

2.6 Any use of the output images that violates these restrictions may result in immediate termination of access to the Platform.

2.7 All images will be deleted or migrated upon account termination.

3. ACCOUNT

3.1 To use our service, you need to register for an account. You are responsible for providing accurate, current, and complete information in connection with the registration.

3.2 You are solely responsible for maintaining the confidentiality of login information. We are not responsible for any unauthorized use of your account.

4. PAYMENT

4.1 When you register for an account, you choose a customer package level based on the amount of images you expect to upload per month.

4.2 The payment shall be made in connection ordering a package, based on your package option.

4.3 Payment shall be made with one of the payment options available on the Platform. Payments are currently handled by Stripe. Looklet does not handle any payment data for such payments, for example credit card details.

4.4 You may at any time purchase additional packages (based on number of images you expect to upload within your desired period). The available options are specified on the Platform.

4.5 Unless otherwise expressly stated in writing, you are solely responsible for any taxes or fees arising from your use of the Platform.

5. SUPPORT

5.1 We offer support as described on the Platform.

6. MARKETING, AND FEEDBACK

6.1 Looklet may use Company’s logo(s) for promotional material including but not limited to website, presentations, etc.

6.2 Looklet welcomes any feedback on the Platform, such as ideas for improvement in functionality. Feedback by Customer is voluntary and may be used by Looklet for any purpose without obligation of any kind. It will not generate any rights to ownership or compensation.

7. INDEPENDENT CONTRACTORS

7.1 Nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership or a joint venture between Looklet and Customer.

8. PRIVACY

8.1 Customer and Looklet will comply with applicable privacy laws, including the General Data Protection Regulation (EU 2016/679).

8.2 Personal data provided to us will be processed in accordance with our Privacy Policy and the General Data Protection Regulation (EU 2016/679). Please read the Privacy Policy for more information.

9. NO WARRANTY

9.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE”.

9.2 WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE PLATFORM, INCLUDING BUT NOT LIMITED TO ITS AVAILABILITY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR FUNCTIONALITY PROVIDED THROUGH THE PLATFORM. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.

10. LIMITATION OF LIABILITY

10.1 WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTIES.

10.2 OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO WHAT YOU HAVE PAID FOR YOUR USE FOR THE MONTH OF THE INCURRED DAMAGE. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.

11. INDEMNIFICATION

11.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR YOUR VIOLATION OF THESE TERMS.

12. UPDATES TO PLATFORM OR TERMS

12.1 As with any online services, the Platform is subject to continuous development and enhancements. We may, at our own discretion and at any time, alter, modify, correct, amend and make all other changes to the Platform and the Terms. However, we will notify you either in your account or by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the Platform after such notification constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use the Platform.

12.2 You can access the latest version of these Terms at any time on the Platform.

13. TERMINATION OF ACCOUNT

13.1 You may terminate your use of the Platform and close your account at any time. These Terms will apply until your account has been closed. Information on how to close your account can be found on the Platform.

13.1 We reserve the right, in our sole discretion, to terminate your account and your right to use the Platform without liability for any damages in relation to you.

14. LAW AND VENUE

14.1 The Terms shall be construed in accordance with and governed by the laws of Sweden, without regard to its conflict of law provisions.

14.2 Any dispute, controversy or claim arising out of or in connection with the Terms shall be finally settled by Swedish public courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.