TERMS & CONDITIONS

Updated March 1st 2024

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "Client", "Stylist") and Combyne GmbH (“Combyne”, "Company", "we", "us", "our"), governing your use of the OOTD mobile application ("App"). The App, operated by Combyne GmbH from c/o WeWork, Oskar-von-Miller-Ring 20, 80333 Munich, Germany, serves as a digital platform connecting personal stylists with clients seeking fashion advice, enabling the creation, sharing of digital moodboards, and fashion outfit recommendations.

2. Acceptance of Terms

By accessing, downloading, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy and any additional terms and conditions that may apply. These Terms affect your legal rights and obligations; if you do not agree to be bound by all of these Terms, do not access or use the App.

3. General Terms

Your access to and use of the App are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App. The App is available only to individuals who are at least 16 years old, unless parental/guardian consent is provided.

4. License

Subject to these Terms, Combyne grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App solely for your personal or commercial use restricted to the terms below. You must use the App on a mobile device owned or otherwise controlled by you.

5. User Accounts

5.1 Registration

To use certain features of the App, you must register for an account providing accurate, current, and complete information. You agree to update such information to maintain its accuracy and completeness.

5.2 Account Responsibility

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password. You must notify Combyne immediately upon becoming aware of any breach of security or unauthorized use of your account.

6. Services

6.1 Stylist Services

Stylists provide services including creating digital moodboards and recommending fashion outfits. Stylists are considered independent contractors, not employees or agents of Combyne.

6.2 Third-Party Providers

The App may recommend products from third-party providers. Combyne is not responsible for the examination or evaluation of such products and does not warrant their offerings.

7. Financial Terms

7.1 Payments

Clients are responsible for paying the Stylists for the services rendered through the App's payment system. Combyne may facilitate these payments but is not a party to the transaction. Clients pay Stylists directly through the App using Stripe, with OOTD taking a commission from these transactions.

7.2 Commission

Combyne may take a commission from the transactions processed through the App. The specific terms related to commissions will be communicated to the Stylists and Clients through their respective agreements and instructions in the App.

7.3 Tax and Legal Compliance

Stylists are independent contractors responsible for their own legal and tax obligations. Stylists are responsible for complying with all tax regulations and legal obligations related to their earnings from the App.

8. Intellectual Property Rights

All intellectual property rights in the App, its content, and the services provided are owned by Combyne or its licensors. Users are granted a limited license to access and use the App and its content for their personal, or limited commercial use.

9. Restrictions

Users agree not to use the App in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use. Specifically, users are prohibited from licensing, selling, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any content or materials on the App unless given permission from Combyne.

10. Return and Refund Policy

The specific return and refund policies related to the services or products obtained through the App will be subject to the terms provided by the respective Stylists or third-party providers.

11. Your Suggestions

Any suggestions, ideas, feedback, or other information provided by you to Combyne regarding the App shall become the sole property of Combyne, with the right to use, reproduce, disclose, and distribute such information without limitation or obligation.

12. Your Consent

By using the App, you consent to the collection, use, and sharing of your information as outlined in the Privacy Policy and these Terms.

13. Links to Other Websites

The App may contain links to third-party websites or services that are not owned or controlled by Combyne. Combyne has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

14. Cookies

The App uses cookies to enhance user experience, track usage patterns, and personalize content and ads. By using the App, you consent to the use of cookies in accordance with our Privacy Policy.

15. Changes To Our Terms & Conditions

Combyne reserves the right to modify these Terms at any time. You will be notified of any material changes to these Terms and your continued use of the App after such notification will constitute your acceptance of these changes.

16. Modifications to Our App

Combyne reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice.

17. Updates to Our App

Combyne may provide updates to the App which may include enhancements, bug fixes, and new features. You agree that Combyne is not obligated to provide any updates or to continue to provide or enable any particular features or functionality.

18. Third-Party Services

Combyne is not responsible for the content, accuracy, legality, or any other aspect of third-party services accessed through the App. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

19. Term and Termination

These Terms will remain in effect until terminated by either you or Combyne. Combyne may terminate these Terms or suspend your access to the App at any time, including in the event of your actual or suspected unauthorized use.

20. Copyright Infringement Notice

If you believe that your copyright has been infringed by content on the App, please provide us with a detailed notice of infringement as specified in these Terms.

21. Indemnification

You agree to defend, indemnify, and hold harmless Combyne, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from your use of the App, including but not limited to your violation of these Terms.

22. No Warranties

The App is provided "AS IS" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

23. Limitation of Liability

Combyne shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App.

24. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

25. Waiver

The failure of Combyne to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

26. Amendments to this Agreement

Combyne reserves the right to amend these Terms at any time and will notify users of any changes. Your continued use of the App after any amendments signifies your acceptance of the amended Terms.

27. Entire Agreement

These Terms constitute the entire agreement between you and Combyne regarding the use of the App and supersede all prior agreements and understandings, whether written or oral, concerning the subject matter hereof.

28. Governing Law

These Terms and your use of the App will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

29. Contact Us

For any questions or concerns regarding these Terms, please contact us at [email protected].