SCIMM
TERMS AND CONDITIONS
Consumer Terms of Service
Last Updated: December 23, 2024
These Terms and Conditions ("Terms") govern your use of SCIMM's body scanning and size recommendation services. By creating an account or using our services, you agree to be bound by these Terms.
1. Definitions and Interpretation
In these Terms, the following definitions apply:
2. Acceptance of Terms
By accessing or using the Platform, you confirm that:
3. Account Registration and Security
3.1 Account Creation
To use our Services, you must create an Account by providing accurate information including your name, email address, age, and gender. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Security
You agree to:
3.3 Account Termination
You may terminate your Account at any time through the Platform settings. We may suspend or terminate your Account if you violate these Terms or engage in fraudulent or illegal activities.
4. Services Description
4.1 Body Scanning
SCIMM provides smartphone-based 3D body scanning technology to capture your body measurements. You consent to the collection and processing of Body Scan Data when you use this feature.
4.2 Size Recommendations
Based on your Body Scan Data, we provide personalized size recommendations for products from Brand Partners. These recommendations are generated using machine learning algorithms and are provided as guidance only.
4.3 Service Availability
We strive to provide uninterrupted Services but do not guarantee continuous availability. We may modify, suspend, or discontinue Services for maintenance, updates, or improvement purposes with reasonable notice.
4.4 Free Services
The current Services are provided free of charge to consumers. We reserve the right to introduce paid features or subscription tiers in the future with advance notice.
5. Body Scan Data and Privacy
5.1 Data Collection
By using our body scanning feature, you provide explicit consent for SCIMM to collect, process, and store your Body Scan Data as biometric personal data under GDPR Article 9.
5.2 Data Usage
Your Body Scan Data is used to:
5.3 Machine Learning Training (Optional)
We may request separate consent to use pseudonymized Body Scan Data for machine learning model training. You may opt out of this usage while continuing to use all Services.
5.4 Data Sharing
We do not sell your Body Scan Data. We share size recommendations (not raw scan data) with Brand Partners only when you request size information for their products. For complete details, see our Privacy Policy.
5.5 Data Retention
Your Body Scan Data is retained for 24 months after your last use or until you delete your Account or withdraw consent, whichever comes first. You can delete your data at any time through Account settings.
6. User Conduct and Prohibited Activities
You agree not to:
7. Intellectual Property Rights
7.1 SCIMM's Rights
All intellectual property rights in the Platform, Services, algorithms, software, designs, logos, and content (excluding user-generated content) are owned by SCIMM or our licensors. These Terms do not grant you any ownership rights.
7.2 Your Rights to Body Scan Data
You retain all rights to your Body Scan Data. By using our Services, you grant SCIMM a limited, non-exclusive license to process your Body Scan Data solely for providing Services as described in these Terms and our Privacy Policy.
7.3 Limited License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.
8. Third-Party Services and Links
8.1 Brand Partner Integration
Our size recommendations may direct you to Brand Partners' websites or platforms. These are independent third parties, and your purchases or interactions with them are subject to their own terms and conditions.
8.2 No Responsibility for Third Parties
SCIMM is not responsible for the content, products, services, or practices of Brand Partners or other third parties. We do not endorse or guarantee any third-party products or services.
8.3 Third-Party Terms
When you interact with Brand Partners or other third parties, you are subject to their terms of service and privacy policies. We encourage you to review these documents.
9. Disclaimers and Limitations
9.1 Size Recommendation Accuracy
IMPORTANT: Size recommendations are generated using algorithms and machine learning models. While we strive for accuracy, we cannot guarantee that recommended sizes will fit perfectly. Actual fit may vary based on brand sizing, garment design, fabric, and personal preference. SCIMM is not responsible for fit issues, returns, or exchanges with Brand Partners.
9.2 Service "As Is"
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.3 No Medical or Health Advice
Body measurements provided by SCIMM are for sizing purposes only and do not constitute medical, health, or fitness advice. Consult healthcare professionals for health-related concerns.
9.4 Technical Limitations
Body scan accuracy depends on factors including lighting conditions, camera quality, scanning technique, and clothing. We do not guarantee scan accuracy under all conditions.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
Note: These limitations may not apply in your jurisdiction. You may have additional rights under consumer protection laws that cannot be waived.
11. Indemnification
You agree to indemnify, defend, and hold harmless SCIMM, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your misuse of the Services; (c) your violation of any third-party rights; or (d) any fraudulent or illegal activities.
12. Changes to Terms
We may modify these Terms at any time. Material changes will be notified via email or prominent notice on the Platform at least 30 days before taking effect. Continued use of the Services after changes constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must stop using the Services and may delete your Account.
13. Consumer Rights (EU)
13.1 Right of Withdrawal
As the Services are currently provided free of charge, the EU right of withdrawal for consumer contracts does not apply. If we introduce paid services in the future, you will have a 14-day right of withdrawal as required by EU Consumer Rights Directive.
13.2 Consumer Protection
Nothing in these Terms affects your statutory rights as a consumer under Belgian or EU law. If any provision conflicts with mandatory consumer protection laws, those laws shall prevail.
13.3 Dispute Resolution
EU consumers may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
14. Governing Law and Jurisdiction
These Terms are governed by Belgian law. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Antwerp, Belgium, except where mandatory consumer protection laws require otherwise.
EU consumers may also bring proceedings in their country of residence.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.
16. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SCIMM regarding the Services and supersede all prior agreements and understandings.
17. Contact Information
For questions about these Terms, please contact us:
SCIMM BV
Léon Stynenstraat 53 box 402
2000 Antwerp, Belgium
Enterprise Number: 0801.235.242
Email: info@scimm.eu
Website: www.scimm.eu
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Last updated: December 23, 2024
SCIMM BV
2000 Antwerp, Léon Stynenstraat 53, bus 402
Registration: 0801.235.242
