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Terms of Use and Service for the Dressly App

These Terms of Use & Service (the " Terms" or the " Agreement") are an agreement between you, as a user of the website: Dressly.world and/or our application (collectively referred to as the "Product"), and Tikvex Limited, Georgiou A, 83, Shop 17, Potamos Germasogeias, 4047, Limassol, Cyprus (collectively " Dressly", " we", "us " or "our" as context requires).

These Terms govern your access to and use of the Product and the associated services offered through this Product.

Browsing the Product, its use or viewing the information in it constitutes the acceptance of all the terms of the Terms. In case you do not agree with any condition of the Terms, please immediately close the Product and stop any use of it.

All terms and policies, which may be adopted or introduced by us from time to time, including but not limited to Subscription Terms, Privacy Policy and Cookie Policy constitute an integral part of these Terms and are incorporated hereto by reference.

We may change the Terms by updating and posting them on this page of the Product. Changes shall automatically be effective upon publication. We may notify you specifically about some critical changes but are not obliged to do so in every case. Your use of the Product (after any changes to the Terms are published) means that you accept such changes to the Terms. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.

1. Acceptance of these terms

By using the Product you confirm your acceptance of these Terms and any policies incorporated by reference. You also represent that you have the legal capacity to enter into this Agreement and that your use complies with all applicable laws and regulations.

PLEASE NOTE:

2. Service

Dressly is style and fashion platform with interactive content in various formats (courses, lookbooks, news, reviews, video, reels) from users and creators. To utilize the service, users may be required to set up an account.

3. User Accounts

3.1. Eligibility

To create an account on Dressly, you shall be at least 18 years old (or of the reciprocal age of majority in your state or jurisdiction) and able to form legally binding contracts. We do not knowingly collect personal information from children under 18 years of age.

3.2. Registration

In the course of registration of an account, you need to provide us a valid email address, and/or other information as prompted by the registration form or as required by applicable law. We may also allow you to register by using your social network credentials.

3.3. Account Security

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Dressly of any unauthorized use of your password or account. You should only create one account on the Product.

Unless expressly permitted in writing by Dressly, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. Dressly reserves all available legal rights and remedies to prevent its unauthorized use, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You agree to keep your contact and billing information (including but not limited to email address) true, accurate, complete and up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Dressly accounts.

4. Subscription, payments and refunds

4.1. Subscription

The service is offered on a subscription basis for a fee - subscription. The subscription renews automatically until you cancel. By purchasing a subscription, you agree that you will be charged the applicable subscription fee at the beginning of your subscription period and on each renewal date thereafter until you cancel, at the then-current subscription fee.

The options for the subscription period(-s) duration may be set at the discretion of Dressly and change from time to time. It is crucial to review the payment page for the applicable subscription terms. For instance, the subscription period may be of the following duration: one month, three months or six months.

All relevant and applicable fees will be clearly stated on the payment page, which we advise reading carefully. We may charge any of the fees in a single transaction or in a number of separate transactions.

We may also from time to time offer discounted offers that automatically renew at the full price without a discount after the end of the discount period. Such offers may include, but not limited to, introductory offers, when a you set up an account and initiate you first subscription with us.

The prices may vary depending on your region and other factors. Please always pay attention to the prices stated on the payment page.

Additionally, Dressly may offer temporary promotional discounts at its full discretion, including special pricing for users who are signing up for the first time. Furthermore, Dressly may provide a trial subscription option. However, Dressly is under no obligation to offer such trials and does not guarantee their availability.

4.2. Refunds

As a general rule, purchases are final and cannot be canceled, and we will not refund any transaction once it has been made, regardless of how extensively you used or did not use Dressly. However Dressly will provide refunds in cases and to the extent required by mandatory provisions of applicable law. We reserve the right to refuse a refund request if it abuses with this Terms of Use or the applicable law, at our sole discretion. For payments via application stores, you agree that we cannot refund and you may ask for a refund according to the respective application store's refund policies.

4.3. Payment method

Payments will be charged to the payment method you provided at the time of purchase at the payment page (after entering your payment method details). You authorize us (or our third-party payment processor) to automatically charge the applicable subscription fees on each renewal date to the payment method that you provided until you cancel your subscription. Before charging your payment method for the first time, we may charge a small test amount to verify it. This test charge will be refunded immediately after completion.

You authorize Dressly to supply your payment details to a third-party payment provider for processing your payments. Your credit/debit card provider may charge you currency conversion fees and other charges for processing your payments.

4.4. Payment Processing

The Product available via the Website may be distributed to you by our authorized merchants of record, resellers, or agents.

Our authorized agents and/or resellers include:

If your purchase of the Product is processed by any of our authorized merchants of record, resellers, or agents, then for the purposes of these Terms, the term "Company" shall be interpreted to include such merchant of record, reseller, or agent (as applicable) solely for payment processing purposes.

5. Representations and warranties from and restricted activities of users

5.1. Representations and Warranties from Users

By using the Product, you represent and warrant that you

5.2. Prohibited Activities of Users

This is a list of activities that we prohibit on the Product:

Although Dressly cannot monitor the conduct of its Users while not on the Product, it is also a violation of these Terms to use any information obtained from the Product in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent or to harass, abuse, or harm another person.

6. Use of contacts and interaction with customer service

6.1. Electronic Communication

Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Product, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Product.

All information communicated on the Product is considered electronic communication. When you communicate with us through or on the Product or via other forms of electronic media, such as e-mail, you are communicating with Dressly electronically.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

6.2. Telephone Calls and Text Messages

Communications from Dressly, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Product including account verification and message notifications, updates concerning new and existing features of the Product, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, any news concerning Dressly and any other purposes related to the Product or required to enforce these Terms.

By entering your telephone number into the Product, you expressly agree to receive communications at that number as required for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any Do-Not-Call lists. We are not responsible for the timeliness or final delivery of the communication, as we cannot control work of the cellular telephone operator or other networks.

We will use your mobile number in accordance with our Privacy Policy. You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages. You are responsible for those charges.

You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Product or the services provided by non-Dressly entities. Please note that consent is not a condition of using our Product and consent may be revoked at any time. However, opting out may impact your use of the Product.

We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.

6.3. Receipt of Special Offers and Other Communications

By accepting these Terms, you agree to receive special offers, promotional materials and other communications from Dressly according to the terms of the Privacy Policy.

6.4. Prohibited Conduct Towards Customer Service

When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

If your behavior towards any of our representatives is such as described above, we may terminate your membership and cancel your subscription.

7. Privacy

We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Product is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.

8. Suspension or termination of membership

8.1. General Grounds for Termination of Account

Customers may terminate their accounts at their sole discretion and at any time by written notice via email of our Support Team indicated at the end of the Terms below. Terminations typically will be effective within seven business days after our receipt of your termination notice.

We may block or terminate your use of the Product, cancel your subscription and/or modify or discontinue any portion or all of the Product at any time, at our sole discretion, for any or no reason and without notice.

For the purposes of these Terms:

The decision regarding termination or blocking of the account is made each time by the Customer Service at its sole discretion.

In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.

8.2. Termination as a Result of Death or Disability

If a person that was the User of the Product is no longer able to use the Product by reason of death or disability, such person or their legal representative or legal successor may contact us regarding termination of the account.

8.3. Blocking of IP addresses

In order to protect the integrity of the Product, we reserve the right, at any time in our sole discretion, to block Users with certain IP addresses from accessing the Product.

In particular, we may block Users with IP addresses from certain jurisdictions, including, but not limited to, those that are subject to sanctions of the United Nations Security Council, included into the OFAC Sanctions List or the EU consolidated list of persons, groups and entities subject to financial sanctions.

9. License and copyright policy

9.1. Proprietary Rights

Unless otherwise indicated, all content, information, and other materials on Dressly, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the " Materials") are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Dressly or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Dressly, by agreeing to these Terms you are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to access and use Dressly.

Dressly reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of Dressly or the Materials; (b) distribution, public performance or public display of any Materials; (c) copying, modifying, reverse engineering, decompiling, disassembling, attempting to derive the source code of or otherwise making any derivative uses of Dressly or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Dressly, the Materials, or any information contained in them, except as expressly permitted on Dressly; or (f) any use of Dressly or the Materials except for their intended purposes. Any use of Dressly or the Materials except as specifically authorized in these Terms, without the prior written permission of Dressly, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Dressly can terminate this license as set out in Section 8.

9.2. License

You grant to Dressly and its affiliates, licensees, and successors, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), a non-exclusive, unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully sublicensable (through multiple tiers) license to exercise the copyright, publicity, and database rights over the content, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works of, in any media now known or not currently known, with respect to any content.

You agree that any content you post on the Product, ideas, comments and testimonials you submit on the Product, including any content, information etc. within the above definition of the Materials, will not be considered confidential and may be used by Dressly, in its sole discretion, without any obligation to compensate for use of or to return any submitted Materials.

9.3. Our Actions in Cases of Intellectual Property Rights Infringement

We do not tolerate infringing activity on or through the Product anyhow.

If we have any reasons to believe in good faith that content and/or any kind of information violates intellectual property rights of a third party by being made available on or through the Product, upon notice from an intellectual property owner or his or her agent, we:

"Repeat infringer" is a User that has uploaded content to or through the Product and about whom Dressly has received more than two takedown notices compliant under applicable law with respect to such User content.

However, we may terminate the account of a User after receipt of a single notification of claimed infringement.

9.4. Procedure for Reporting Claimed Infringement

If you believe that any information/materials made available on or through the Product infringe your intellectual property right, please promptly send a written "Notification of Claimed Infringement" containing the following information to the designated agent identified below. Dressly may share your Notification of Claimed Infringement with the User that is a possible infringer, and you consent to making such disclosure by Dressly. Your communication must include substantially the following:

You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.

10. Disclaimer of warranties

Except where otherwise inapplicable or prohibited by law to the fullest extent permitted by law, Dressly services, software, and related documentation are provided "as is" and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this Product shall create any warranty, representation or guarantee not expressly stated in these Terms.

Dressly expressly disclaims all warranties of any kind whether express or implied, including, any warranty that:

Any material obtained through the use of the Product is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

We cannot guarantee and do no promise any specific results from use of the Product. You agree also to take the risks of interruption of the Product for any technical reasons.

11. Limitation of liability

Except where otherwise inapplicable or prohibited by law in no event shall Dressly, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including, but not limited to, loss of business, profits, data, use, revenue or other economic advantage), even if advised of the possibility of such damages resulting from or in connection with:

The limitation of damages set forth above is a fundamental element of the basis of the bargain between us and you. This Product and the information would not be provided without such limitations. Even if Dressly is found liable under any theory in no event will our liability, and the liability of our parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance exceed the greater of (a) the amount of fees you pay to Dressly in the 12 months prior to the action giving rise to liability, or (b) USD 100.

12. Indemnification

To the fullest extent permitted by law you agree to indemnify and hold Dressly, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assignees harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party resulting from or in any way connected with or related to your use of or conduct on the Product and/or your breach of this Agreement and/or any of your representations and warranties set forth above.

Dressly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify, Dressly in connection therewith.

13. Dispute resolution by mandatory binding arbitration and class action waiver

13.1. Applicability of Arbitration Agreement

This Arbitration Agreement governs any dispute between you and Dressly (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and Dressly, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or Dressly may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.

13.2. Initial Dispute Resolution

Most disputes can be resolved without resort to arbitration. If you have any dispute with Dressly, you agree that before taking any formal action, you will contact us via email of our Support Team indicated at the end of the Terms below, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Dressly, and good faith negotiations will be a condition to either party initiating an arbitration.

13.3. Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties' relationship with each other, and/or your use of the Product will be finally settled by binding arbitration before one arbitrator administered by:

In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

13.4. Arbitration Proceedings

Initiating Arbitration. To start an arbitration, you must follow instructions available at:

Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by Dressly. If Dressly initiates arbitration against you and you are a consumer, Dressly will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.

Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.

Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.

Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.

Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.

Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other. Ex parte communications are not permitted.

Choice of Law. The arbitrator shall apply relevant governing law based on your residency, without regard to conflict of laws rules.

Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim and essential findings.

13.5. Class Action Waiver and Jury Trial Waiver

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR DRESSLY AGREES TO ANY ARBITRATION ON A CLASS BASIS...

13.6. Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions or claims regarding intellectual property in court.

13.7. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions by sending electronic notice of your decision to opt out within 30 days.

13.8. Severability of Arbitration Agreement

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, it shall be severed and the remainder enforced.

13.9. Survival

This Arbitration Agreement will survive any termination of your use of the Product.

14. Changes to the agreement and its parties. Notices

14.1. Changes to the Agreement

We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by posting or otherwise giving you notice.

The changes shall be effective upon such posting or notice.

Your continued use constitutes acceptance. Any new features are also subject to the Terms.

14.2. Changes to Parties

We may assign or transfer all of our rights and obligations hereunder to any other person, and you consent to any such assignment.

14.3. Notices

We may choose to notify you of changes via the Product or email. Ensure our support email is whitelisted to avoid spam filtering.

15. Term of the agreement

This Agreement will take effect when you access the Product and remains in effect until your account is terminated.

Sections that by nature survive termination shall survive.

16. Electronic signature

You agree that clicking buttons such as "CONNECT NOW", "PAY", "I ACCEPT" constitutes a legally binding electronic signature under applicable law including the E-Sign Act.

17. Miscellaneous

17.1 Governing and Venue

Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the governing law - Delaware, the USA.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of USA to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.

The parties irrevocably submit to the personal jurisdiction and venue of the courts of USA and waive any defenses of improper venue or forum non conveniens.

17.2 Entire Agreement. Severability

This Agreement and referenced provisions contain the entire agreement. If any provision is held invalid, the remainder shall continue.

17.3 No Waiver of Breach or Default

Failure to require performance does not affect our right to require performance later.

17.4 Force Majeure

Dressly shall not be responsible for failure to perform due to causes beyond reasonable control including natural disasters, war, strikes, infrastructure failures.

17.5 Absence of Certain Kind of Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Dressly as a result of this Agreement or use of the Product.

17.6 Use of Section Headers

Headers are for convenience only.

17.7 Translations

Any translation provided is for convenience; the English version prevails.

18. Contact information

Please contact us with any questions regarding the Terms.

E-mail: [email protected]

Attention of: Customer Support, Dressly.

All Rights Reserved.