Terms of Service
# Terms of Service **Last updated: [DATE]** These Terms of Service ("Terms") govern your access to and use of the website, mobile services, SMS/text messaging service, and related features (collectively, the "Service") operated by [COMPANY LEGAL NAME] ("[BRAND NAME]," "we," "us," or "our"). Please read them carefully. By accessing or using the Service, or by providing your phone number to us, you agree to be bound by these Terms. **Placeholders to fill in before publishing** are marked in [BRACKETS]. Sections marked **[LEGAL REVIEW]** address issues where the correct language depends on choices only you and your attorney can make (for example, whether you are the seller of record, your governing state, and your SMS consent flow). --- ## 1. Acceptance of these Terms By creating an account, texting our number, browsing the Service, or otherwise using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy], which is incorporated here by reference. If you do not agree, do not use the Service. ## 2. Who may use the Service You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service and to consent to receive text messages from us. By using the Service you represent that you meet this requirement and that the information you provide is accurate and current. ## 3. Your account Some features require an account or a verified phone number. You are responsible for the activity that occurs under your account and for keeping your login and phone access secure. Notify us promptly at [CONTACT EMAIL] if you believe your account has been compromised. ## 4. The text messaging service **[LEGAL REVIEW]** A central feature of the Service is the ability to send us style inspiration and messages by text, and to receive personalized recommendations and updates from us by text. **Consent.** When you provide your phone number and opt in, you agree to receive recurring automated and non-automated text messages from us at the number provided, including messages related to personalization, product recommendations, order updates, and marketing. Consent is not a condition of any purchase. **Message frequency and cost.** Message frequency varies based on your interactions with us. Message and data rates may apply. We do not charge for the messages themselves, but your mobile carrier may. **Opting out.** You can opt out of promotional texts at any time by replying **STOP** to any message. You may continue to receive transactional messages (such as order confirmations) where permitted by law. Reply **HELP** for help or contact us at [CONTACT EMAIL]. **Carrier disclaimer.** Carriers are not liable for delayed or undelivered messages. We are not responsible for the accuracy, timeliness, or delivery of messages, which depend on your carrier and device. **[LEGAL REVIEW]** The specific opt-in language, the consent record you keep, and how STOP/HELP are handled must comply with the TCPA and applicable carrier (CTIA) guidelines. Have counsel confirm your consent flow and this section. ## 5. Content you submit When you text, upload, or otherwise submit images, links, descriptions, or other material ("User Content") to help us learn your taste, the following applies. **License.** You grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and process your User Content for the purpose of operating and improving the Service, including generating your personalized feed and recommendations. This license ends when you delete the relevant User Content or close your account, except to the extent it has already been used to train or improve models in a manner not reasonably reversible, or where retention is required by law. **Your responsibilities.** You represent that you have the rights to submit your User Content and that it does not infringe anyone's intellectual property, privacy, or other rights, and does not include unlawful, harmful, or offensive material. Do not submit content depicting other people without their consent, and do not submit anyone else's private information. **Removal.** We may remove or decline to process User Content at our discretion, for example if it violates these Terms. ## 6. Personalization and automated recommendations The Service uses automated systems, including machine learning, to interpret your activity and User Content and to build a personalized feed and recommendations. Recommendations are provided for your convenience and are not advice. Product availability, pricing, and details are subject to change and may contain errors. ## 7. Products, pricing, and orders **[LEGAL REVIEW]** **[LEGAL REVIEW] — Choose the model that fits your business and delete the other:** **Option A — We are the seller of record.** Products offered through the Service are sold by [COMPANY LEGAL NAME]. We describe products as accurately as we can, but do not warrant that descriptions, pricing, or availability are error-free. We may correct errors, cancel orders, and limit quantities at any time. Payment, shipping, returns, and refunds are governed by our [Shipping & Returns Policy]. **Option B — We are a discovery and referral platform.** Products shown through the Service are sold by third-party brands and retailers ("Merchants"), not by us. Your purchase is a transaction between you and the Merchant, subject to the Merchant's own terms, pricing, shipping, and return policies. We are not responsible for Merchant products, fulfillment, or customer service, though we will try to help direct you to the right place. All prices are shown in [CURRENCY] unless stated otherwise and may not include taxes, shipping, or duties. ## 8. Acceptable use You agree not to: use the Service for any unlawful purpose; scrape, harvest, or collect data from the Service except as expressly permitted; interfere with or disrupt the Service; attempt to gain unauthorized access to any system; reverse engineer any part of the Service; upload malware; impersonate others; or use the Service to send unsolicited communications. We may suspend or terminate access for violations. ## 9. Intellectual property The Service, including its design, text, graphics, logos, and software, is owned by us or our licensors and is protected by intellectual property laws. Brand names, trademarks, and product imagery belonging to third parties remain the property of their respective owners. We grant you a limited, revocable, non-transferable license to use the Service for your personal, non-commercial use. ## 10. Third-party brands, links, and services The Service features third-party brands and may link to third-party sites and services we do not control. We are not responsible for their content, products, or practices. Your dealings with third parties are solely between you and them. ## 11. Disclaimers THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RECOMMENDATIONS WILL MEET YOUR EXPECTATIONS. ## 12. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY LEGAL NAME] AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF [AMOUNT, e.g. $100] OR THE AMOUNT YOU PAID US IN THE [12] MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. ## 13. Indemnification You agree to indemnify and hold harmless [COMPANY LEGAL NAME] from any claims, damages, and expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms. ## 14. Dispute resolution and governing law **[LEGAL REVIEW]** These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. **[LEGAL REVIEW]** Many consumer services include a binding arbitration clause and class-action waiver here. Whether to include one, and how to word the opt-out, has significant legal consequences and varies by state. Have counsel draft this section. A placeholder is below. [Optional: Any dispute arising from these Terms or the Service will be resolved by binding arbitration on an individual basis, and you and we waive the right to a jury trial and to participate in a class action, except where prohibited by law. You may opt out of arbitration within [30] days of first accepting these Terms by [METHOD].] ## 15. Changes to these Terms We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting the updated Terms with a new date or by text or email). Your continued use of the Service after changes take effect constitutes acceptance. ## 16. Termination We may suspend or terminate your access to the Service at any time, with or without cause. You may stop using the Service at any time and may request account deletion at [CONTACT EMAIL]. ## 17. Contact us Questions about these Terms? Contact us at: [COMPANY LEGAL NAME] [MAILING ADDRESS] [CONTACT EMAIL]
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