SIZIT Terms of Service

The Service

SIZIT uses photographs of the foot, computer vision, product data and automated systems to calculate measurements and generate footwear size recommendations.

Our Services may include:

• capture or upload of a photograph of the foot;
• detection and approximate measurement of foot length and width;
• conversion or presentation of measurements;
• size recommendations for specific products;
• equivalences between sizing systems;
• the SIZIT widget embedded in online stores;
• analytics, support and improvement features relating to measurement and recommendation; and
• any other related feature we make available to the User.

Together, these features constitute the “Service”.

The Service may be made available to you through partner stores, brands and merchants (the “Partner Merchants”). SIZIT uses the size and product configuration provided by the Partner Merchant to generate recommendations applicable to its catalogue.

The Service may help you make a purchase or another transaction with a Partner Merchant. SIZIT does not sell the footwear, is not a party to the sales contract, does not process payment for your order and does not act as a representative, agent or intermediary of the Partner Merchant. Any purchase, delivery, exchange, return, warranty or refund is governed by the Partner Merchant’s terms.

Sessions

The Service may use a session identifier to relate the measurement steps, the recommendation, the product viewed and, where applicable, a subsequent purchase or return. That identifier does not in itself constitute a personal account.

Personal data

To provide the Service we process photographs, measurements, technical information and other data relating to its use. Before using it, please read our Privacy Policy.

If you do not want us to process the information necessary to provide the Service, you should not use it.

Rights we grant you

As long as you comply with these Terms, SIZIT grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service in the territories where it is available and solely for its intended purpose: measuring your foot and obtaining size recommendations.

This licence does not grant you any other right over our software, models, algorithms, design, trade marks, documentation, databases or other intellectual property.

You may not, directly or through another person:

• copy, modify, adapt, translate or create derivative works of the Service;
• sell, rent, sublicense, distribute or commercially exploit the Service;
• decompile, disassemble, reverse engineer or attempt to obtain its source code, models, weights, rules or internal workings;
• reproduce the functionality of the Service through automated extraction, scraping or other means;
• circumvent security, authentication, usage limitation or protection measures; or
• use our trade marks or identifying elements without written authorisation.

All intellectual property rights in the Service belong to SIZIT or our licensors. Nothing in these Terms implies a transfer of intellectual property to the User.

Rights you grant us

The Service allows you to create, capture, upload, send and store content, including photographs of your foot. You retain any rights you had over that content, but you grant us and our affiliates a licence to use it.

Specifically, you grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable and sublicensable licence to hold, host, store, reproduce, process, adapt, modify, transform, transmit, display, create derived data from and otherwise use the photographs and other content generated or provided when using the Service.

We may exercise this licence to operate, develop, provide, promote and improve the Service; train, test and evaluate systems and models; carry out research; develop new products and features; and allow our providers to carry out those activities on our behalf.

The processing of personal information in connection with this licence will be carried out in accordance with our Privacy Policy and applicable law.

Photographs and captured content

The measurement feature requires you to take or upload a photograph of your foot. The photograph will be sent to our servers to be processed and may be stored and used in accordance with these Terms and the Privacy Policy.

When using the camera, information or content you may not want to share can appear accidentally, such as other people, documents, screens, personal items or the inside of your home. Before capturing or sending the image, check the framing and remove anything you do not want us to process.

The Service is designed to receive only photographs of feet taken in accordance with the instructions shown. You represent and warrant that:

• the image is of your own foot or you have sufficient authorisation to capture and send it;
• no third parties appear and no information that infringes their privacy is included;
• you have the necessary rights over the content sent;
• you will not upload unlawful, offensive or misleading images or images unrelated to the purpose of the Service; and
• you will follow the capture instructions, including correct use of the reference object.

Do not send any photograph that you would not want SIZIT to be able to access and use as described in these Terms.

Permitted use of the Service

You may only use the Service for its intended purpose and in accordance with these Terms and applicable law.

You may not use the Service to:

• measure, analyse or identify a person without their knowledge or authorisation;
• upload images other than those permitted by the instructions;
• distribute malware, viruses, trojans, harmful code or content that interferes with the Service;
• gain automated, abusive or unauthorised access;
• test vulnerabilities or interfere with security or availability;
• impersonate another person or misrepresent the origin of a request;
• infringe intellectual property, privacy, image or other third-party rights; or
• use the results for medical, diagnostic, insurance, employment or biometric identification purposes.

We may suspend or block access if we reasonably believe that the Service is being used in a manner contrary to these Terms.

Network costs and access

You are responsible for having the device, browser, camera, internet connection and other elements necessary to use the Service.

Your carrier or provider may charge you for internet access, data usage, messages or other services. SIZIT does not pay or reimburse those costs.

Third-party services

The Service may integrate with or operate alongside third-party services, such as Shopify, the Partner Merchant’s store, your device’s operating system, your browser or infrastructure providers.

Those third parties have their own terms and policies, which may also apply. SIZIT does not control and is not responsible for the content, features, availability, decisions, operations or practices of those third parties, or for the contracts or transactions you enter into with them.

Recommendations and absence of medical purpose

Measurements and recommendations are automated estimates that may be affected by the quality of the photograph, the position of the foot, lighting, the device, the reference object, the configuration provided by the Partner Merchant, manufacturing differences and personal fit preferences.

SIZIT does not guarantee that a recommendation will be accurate, that a product will be comfortable for you or that you will not need to exchange or return it.

The Service does not provide medical advice and is not intended to diagnose, prevent or treat diseases, injuries, deformities or foot conditions. It is not a medical device. If you have pain, an injury or any medical concern, consult a qualified healthcare professional.

Disclaimer of warranties

To the extent permitted by applicable law, the Service is provided “as is” and “as available”, without express, implied or statutory warranties.

We do not warrant that the Service:

• will always be available, uninterrupted or error-free;
• is compatible with all devices, browsers or merchants;
• will produce accurate measurements or recommendations;
• is suitable for a particular purpose; or
• is free from data loss, security incidents or harmful components.

There may be interruptions due to maintenance, updates, third-party failures, network problems, force majeure or other circumstances beyond our control. We may modify, limit or discontinue any part of the Service.

Limitation of liability

To the maximum extent permitted by applicable law, SIZIT and its directors, employees, affiliates, providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages; loss of profits, revenue, data, opportunities or goodwill; business interruption; purchases or returns; or damages arising from the use of or inability to use the Service.

We are not responsible for third-party claims against the User or for the products, decisions, acts or omissions of Partner Merchants or other third-party services.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including any non-waivable rights you may have as a consumer.

Changes to the Terms and termination

We may amend these Terms when the Service, our practices or the law change. We will publish the updated version and indicate the effective date. Where the change is significant, we may communicate it through a notice in the Service, on our website, through the Partner Merchant or by email if we have your address.

You may stop using the Service at any time.

We may suspend or terminate your access if you breach these Terms, if there is a security risk, if required by an authority or by law, or if we cease providing the Service.

To the extent permitted by law, we will not be liable to you or to third parties for any modification, suspension or termination of the Service.

Assignment

You may not assign or transfer your rights, obligations or licences under these Terms without our prior written consent.

SIZIT may assign or transfer these Terms, in whole or in part, in connection with a reorganisation, financing, merger, acquisition or sale of assets, or to an affiliate, to the extent permitted by applicable law.

Dispute resolution

We will try to resolve in good faith any claim relating to the Service. Before starting formal proceedings, you can write to us at legal@sizit.ai explaining the problem.

Contact

If you have questions about these Terms, you can contact us: