Terms of use: MY IMAGE ADVISORY

1. General Terms

All our platform is designed to help people dress properly and make this industry more sustainable and eco-friendlier. We have built Artificial Intelligence models so users can get a virtual image consultant to get to know their body type, shape of face, colorimetry, and style. Within our platform we have developed a marketplace for people to rent second-hand clothes to give a new life to fashion for a more sustainable future. Finally, we implemented a personal shopper to suggest the best clothes in accordance people’s personal characteristics and tastes. MY IMAGE ADVISORY bases its services and recommendations on machine learning and computer vision technologies, as well as external parties like owners of clothes and users. By using all or part of MY IMAGE ADVISORY in any platform, mode or time you accept all these Terms and forfeit any legal actions as described below.

We have built a marketplace where people can supply and demand second-hand clothes to increase the lifespan of outfits. People that have idle clothes can ship items to our warehouse and get a fee each time a user rents such clothing. We will administer such items by cleaning, minor repairing, classifying, recommending, and shipping to other users. The owner will fill a survey with the characteristics of the clothing and will be asked for a price of their item. We suggest that the value the user inputs is the retail price of the item minus its depreciation. Every time a user gets an item rented; she will get 7% of the retail price in money or 38% in credits for the platform. The owner should be aware that an item can be destroyed, damaged, stolen or others that make it impossible for MY IMAGE ADVISORY to return it or to rent it further. In such a case, the owner will receive 90% of the price in money or 550% in credits to use MyImageAdvisory. In any situation, the owner discharges MY IMAGE ADVISORY on any legal actions for not returning the garment. The user should only input clothing and accessories that are in very good conditions (new and almost as new) and can be rented (no personal items like underwear, facemasks, etc. and preferable no day-to-day items like jeans, shirts, etc.). MY IMAGE ADVISORY has the right to deny an item into our warehouse and/or return any items at the expense of the user.

Our users can access an immense wardrobe to dress on demand, like Fashion as a Service. We will offer subscriptions where a user can get certain amount of clothes each month and change them at the end of the period. We will suggest the items that best fit each user given the survey and pictures uploaded. By using our platform, you agree to these terms of use, and you forfeit any legal action to issues that this service might cause like errors in our assessment, recommendations, wrong items shipped, misleading information, confusing pictures of items, or biased advertising, among others. You also agree that this service provides a basic analysis with simple recommendations; thus, it is not intended to substitute a professional analysis or consulting service, nor to buy or rent clothing, accessories, makeup or any other without testing the items. The user is requested to return the items in the same conditions as they were received, only minor damages due to normal usage are accepted. If an item is not returned by the date agreed or is received with more damaged than a normal usage, the user will be charged the full price of the item. The user refrains from suing MY IMAGE ADVISORY if we decide the item should be purchased on behalf of the user.

We don’t charge you to get recommendations on how to dress properly with our AI models. However, we encourage every user to buy a monthly subscription to help them dress according to each situation and change your look as often as you want in an eco-friendly way. Within our recommendations we might provide advertising of our client’s products like clothing, accessories, makeup, or any other and we will show you ads on our logic that you might be interested. By using our services, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you. However, we don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information). Instead, advertisers can tell us things like the kind of audience they want to target, and we show those ads to people who may be interested. 

You also agree that the information you input into our services will be used to train the algorithms to provide better user experience and results. We will refrain to show your pictures and data to any other user, supplier, vendor, or client unless you explicitly authorize so when you join the service or at any other time in the terms of use settings.

The assessment we make depends on the camera you use and the accuracy to the reality of the pictures taken. For the recommendations, the colors might vary depending on the resolution of the screen or the quality used for printing. The recommendations provided do not substitute a visual assessment of your characteristics with colors, clothing, accessories or any other. For further recommendations you should seek a professional image consultant to make a personalized advisory. MY IMAGE ADVISORY is not liable for any misinformation, lost profit, damaged image, or any other from our recommendations, and will not respond for any lawsuit for any reason. Also, we are not liable for any discrimination or lack of reasonable accommodation for people with a disability given that our services rely in artificial intelligence models created by ourselves or third parties.

Most of the pictures we show are not property of MY IMAGE ADVISORY as they have been taken from third party or public sources. Our users take pictures of their clothes, and this is their information. We will not be liable for the pictures we show as we use third party public information. 

Our data policy explains how we collect and use your personal data to determine some of the ads you see and provide all the other services described below. 

2. The Case of Ads. 

We might use your personal data such as body type, shape of face, style, colorimetry, etc., to show you ads of products and services that are more relevant to you; however, these might be inaccurate, and we refrain any liability of such flaws. 

Protecting people's privacy is central to how we've designed all our platform. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't and will never sell your personal data. We allow advertisers to tell us their target audience (for example, females between the age of 20-25 who have a feminine style with an hourglass body type) so we show their ads to people who might be interested. 

We could also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off MY IMAGE ADVISORY. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by certain number of females between the ages of 25 and 30 who live in the New York City area) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name, email address, pictures or others that by itself can be used to contact you or identifies who you are) unless you give us specific permission. 

We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Data Policy. 

3. Your commitments to MY IMAGE ADVISORY

We provide these services to you and others to help advance our mission to help people accomplish their objectives of style and dressing in a sustainable and eco-friendly way. In exchange, we need you to make the following commitments: 

3.1 Rules to use MY IMAGE ADVISORY

· We provide services to women between the ages of 18 and 50. The lower bound also depends on the legislation of your country, therefore you will be responsible to abide to those laws. 

· You must provide accurate information about yourself.

· You can create only one account (your own) and use it for your own analysis. You should not upload pictures or information of other people into your account.

· You will not share your password, give access to your MY IMAGE ADVISORY account to others, or transfer your account to anyone else.

· If you are a crossdresser, have changed your gender or are in the process of doing so, our models will be uncertain in such cases so you shouldn’t use this platform.

· You cannot reenter MY IMAGE ADVISORY if we've previously disabled your account for violations of our Terms or Policies or banned you for other reasons.

· You are prohibited from receiving our services, ads, promotions, or software under applicable laws.

3.2 The permissions you give us

We need certain permissions from you to provide our services: 

3.2.1 Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. 

You own the intellectual property rights (things like copyright or trademarks) of any content that you upload on MY IMAGE ADVISORY. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. 

However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Services as described in Section 1 above. 

Specifically, when you upload content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you upload a picture on MY IMAGE ADVISORY for analysis, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service. This license will end when your content is deleted from our systems. 

You can delete all your information by deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where: 

· immediate deletion is not possible due to technical limitations; 

· your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); 

· your data was used to train our algorithms; or

· where immediate deletion would restrict our ability to: 

• investigate or identify illegal activity or        violations of our terms and policies (for example, to identify or        investigate misuse of our Services or systems);
• comply with a legal obligation, such as the        preservation of evidence; or 
• comply with a request of a judicial or        administrative authority, law enforcement or a government agency; in        which case, the content will be retained for no longer than is necessary        for the purposes for which it has been retained (the exact duration will        vary on a case-by-case basis). 

In each of the above cases, this license will continue until the content has been fully deleted. 

3.2.2 Permission to use your name, pictures, and information about your characteristics with ads and sponsored content: You give us permission to use your name and picture and information about actions you have taken on MY IMAGE ADVISORY next to or in connection with ads, offers, and other sponsored content that we display across our Services, without any compensation to you. For example, we may show your friends that you are interested in a sweater you liked by a brand that has paid us to display its ads on MY IMAGE ADVISORY. 

3.2.3 Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available. 

3.2.4 Permission to show pictures to other MY IMAGE ADVISORY members: If you agree and give us permission in your settings, we might use pictures you uploaded into our systems to show them to other users. The users that might see your pictures might not be related to you. We will only use your pictures if you have granted us permission and we have assessed that these show clear visual examples of body type, shape of face, colors, clothing, accessories, style, etc. We will not be liable that we showed pictures to a particular person or people as you have granted the permission.

4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, questionnaires, videos, or others we provide), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our terms of use and you will not replicate any material, idea, algorithm, design or other. You must obtain our written permission (or permission under an open-source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. 

5. Additional terms

5.1 Updating our Terms

We work constantly to improve our services and develop new features to make our Services better for all our users, including you. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. 

We will notify you (for example, by email or through our Services) before we make changes to these Terms and give you an opportunity to review them before you use our services with new terms that go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services. 

We hope that you will continue using our Services, but if you do not agree to our updated Terms and no longer want to be a part of MY IMAGE ADVISORY you can delete your account. 

5.2 Account suspension or termination

We want MY IMAGE ADVISORY to be the platform to get recommendations and clothing for dressing properly; however, if we determine that you have clearly, seriously, or repeatedly breached our Terms, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. 

When we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our staff, systems or services; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. 

5.3 Limits on liability

We work hard to provide the best Services we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warrantied or merchantability, fitness for a particular purpose, title and non-infringement. We do not control the recommendations or assessments of people, and we are not responsible for any inaccuracy actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). 

We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages. 

5.4 Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If your dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. 

In case you have a dispute, the applicable laws will be those of Mexico City, Mexico. Any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, and you may resolve your claim in any competent court that has jurisdiction in Mexico over the claim. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of Mexico will govern these Terms and any claim, without regard to conflict of law provisions. If the terms and conditions vary between languages, any dispute will be based on the official language of the country where the app is being used.

5.5 Others

· If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

· You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

· These Terms do not confer any third-party beneficiary rights. All our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

· You should know that we may need to change the information for your account in certain circumstances. We will inform you in advance if we must do so and explain why.

· We always appreciate your feedback and other suggestions about our services and products. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

· We reserve all rights not expressly granted to you. 

 1. What information do we collect? 

To provide MY IMAGE ADVISORY, we must process information about you. The types of information we collect depend on how you use our Products and Services, but these can go from physical characteristics to preferences in a broad range of topics.

Data our users provide.

· Information and content you provide. We collect the content, communications, and other information you provide when you use our services, including when you sign up for an account, create or share content, and ask for recommendations. These can include information in or about the content you provide like your own personal garments stored with us or items you got from other users. It can also include what you see through features we provide like mannequins. Our systems automatically process content and communications you and others provide to analyze characteristics we might find useful to know you better. 

· Preferences and characteristics. We collect information about your preferences regarding brands, clothing, accessories, and others and how you interact with them across our services. We also collect information of your physical characteristics and these might be sensitive like weight, skin color, age, etc.

· Your usage. We collect information about how you use our Products, such as the types of advice you receive and use from us; the features you use; or the advertising you click; the devise you use to log in, etc. We also collect information about how you use features like a camera.

· Information about transactions made on our Products or partners. If you use our “Fashion as a Service” or purchase through our partners ads or engage in any other financial transactions through us, we can collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.

Device Information

As described below, we collect information from and about the computers, phones, or other web-connected devices you use that integrate with our services, and we combine this information across different devices you use. For example, we might know the information of the device you are using for our services to adjust screen resolution or print material to provide a better experience to the user.
 

Information we might obtain from these devices includes: 

· Device attributes:information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

· Device operations:information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).

· Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.

· Device signals:Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

· Data from device settings:information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.

· Network and connections:information such as the way you connect to the internet, the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.

· Cookie data: data from cookies stored on your device, including cookie IDs and settings.

Information from partners.

Advertisers, app developers, and publishers can send us information. These partners can provide information about your activities on MY IMAGE ADVISORY—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether you have a MY IMAGE ADVISORY account or are logged into MY IMAGE ADVISORY. We could also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.
 

Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.

2. How do we use this information? 

We use the information we have (subject to the preferences you made) as described below to provide and support our products and services: 

Provide, personalize, and improve our services.

We use the information we have, to deliver our services, including to personalize features and content (including personalized feedback, recommendations, and ads) and make suggestions for you on and off our Platform. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others; how you use and interact with our platform.

· Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of MY IMAGE ADVISORY.

· Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.

· Face recognition: If you allow, we might use face recognition technology to recognize you in photos, videos and camera experiences. The face-recognition will be to identify how you dress in various circumstances to provide feedback and recommendations.

· Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you. 

Provide measurement, analytics, and other business services.

We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. 

Promote safety, integrity and security.

We use the information when we must verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of our platform.

Communicate with you.

We use the information we have, to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us. 

3. How is this information shared? 

Your information is shared with others in the following ways: 

Products you own and store in MY IMAGE ADVISORY

When you upload items into the digital wardrobe and ship such items to our warehouse, this information can be seen by anyone. They can comment, amend and rate your items stored with us. We are not liable that a review from a third party stored with us is harmful, wrong, misleading or biased.

Sharing on third party platforms.

You might like to share your information retrieved from our services in other digital platforms or traditional paper means. For example, you might share items you liked, we recommended, or you think an acquaintance might be interested, for their review or knowledge. The liability of this remains of the third party and yourself and through the platform you shared the content.
 

Public information might be seen by anyone, on or off our Products, including if they don't have an account. This includes your name; any information you share with a public audience; or any other public. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.

 

Advertisers.

We might provide advertisers with reports about the cohorts or clusters of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. 

Measurement partners.

We might share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. 

Partners offering goods and services in our Products.

When you subscribe to receive premium content, or buy something from our partners, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. 

Vendors and service providers.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments, or conducting surveys. 

Researchers and academics.

We might also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health, and well-being. 

Law enforcement or legal requests.

We share information with law enforcement or in response to legal requests in the circumstances outlined.