Bridify Terms and Conditions

These Terms govern the use of this Application and any other related agreement or legal relationship with the Owner in a legally binding way.

Users must read this document carefully. Although the entire contractual relationship regarding these Products is entered into solely between the Owner and Users, Users acknowledge and agree that Apple, if this Application has been provided to them via the Apple App Store, may enforce these Terms as a third-party beneficiary.

This Application is provided by:
elegantIQ Ltd.
Evagora Pallikaridi 38
8010 Paphos
Cyprus
Owner contact email: support@bridifyapp.com

Information about this Application

The Bridify app is an inspiration app that helps brides find the perfect wedding dress. Users can swipe to indicate whether they like, dislike, or want to favorite a displayed dress. Based on this interaction data, users are shown dresses that match their personal preferences. The app also offers Virtual Try-On, which uses artificial intelligence to generate an illustration of how a dress might look on a photo the User uploads of themselves. The deletion of your user data can be requested via email to info@bridifyapp.com.

"This Application" refers to:

• this website, including its subdomains and any other website through which the Owner makes its service available;

• applications for mobile, tablet, and other smart device systems;

• the interfaces (API);

• the service;

• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

At a Glance

The use of this Application and the Service is age-restricted: To access and use this Application and its Service, Users must be of legal age under applicable law. Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to consumers or to Users who are not considered consumers. Such limitations are always explicitly mentioned in each affected clause. Without such mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply to the use of this Application. Individual or additional conditions of use or access may apply in specific scenarios and will be indicated additionally in this document in such cases. By using this Application, Users confirm that they meet the following requirements:

• There are no restrictions on Users regarding classification as consumers or business clients;

• Users must be recognized as of legal age under applicable law;

• Users are not located in a country that is subject to a US government embargo or that has been designated by the US government as a "terrorist-supporting" country;

• Users are not listed on any US government list of prohibited or restricted parties;

Account Registration

To use the Service, Users may register or create a user account, providing all required data or information completely and truthfully. Users may also use the Service without registering or creating a user account; however, this may lead to restricted availability of certain features. Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also obliged to choose passwords that meet the highest security standards permitted by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are obliged to inform the Owner immediately and unequivocally via the contact details provided in this document if they believe that their personal information, including but not limited to user accounts, access credentials, or personal data, has been breached, unlawfully disclosed, or stolen.

Account Registration Conditions

The registration of user accounts on this Application is subject to the conditions listed below. By registering, Users agree to these conditions.

• Accounts registered by bots or other automated methods are not permitted.

• Unless otherwise specified, each User may only register one account.

• Unless expressly permitted, a user account may not be shared with other persons.

Account Termination

Users can terminate their account and stop using the Service at any time by:

• Contacting the Owner directly using the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right to suspend or delete User accounts at its sole discretion, at any time, and without notice, if it considers them inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User accounts does not entitle Users to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts for reasons attributable to the User does not relieve the User from paying any applicable fees or prices.

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner makes its utmost efforts to ensure that the content provided on this Application does not violate any applicable legal provisions or third-party rights. However, such a result may not always be achievable. In such cases, Users, without prejudice to any legal prerogatives of Users to enforce their rights, are requested to report any relevant complaints, preferably via the contact details provided in this document.

Rights regarding the content of this Application – All rights reserved

The Owner owns and retains all intellectual property rights for such content. Users may therefore not use such content in any way that is not necessary or implicitly required for the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow third parties to do so via the User or their device, even without the User's knowledge. Unless expressly stated in this Application, the User may download, copy, and/or share certain content available through this Application for their sole personal and non-commercial use, provided that copyright notices and any other notices required by the Owner are correctly implemented. All applicable legal restrictions or exceptions to copyright remain unaffected.

Photos You Upload

Virtual Try-On requires you to upload a photo of yourself. When you do, you grant us a limited, non-exclusive, revocable licence to store that photo and to process it, including by sending it to our AI provider, for the sole purpose of creating and storing the try-on images you have asked for. We will not use your photos for any other purpose, and we will not use them to advertise or promote our Services.

By uploading a photo you confirm that you are the person shown in it, or that you have that person's permission to upload it. You must not upload photos of anyone under the age of 18.

Try-on images are generated by artificial intelligence and are an illustration only. They are not a photograph, and they are not a representation of how a dress will fit, drape, or appear in colour on you, or of whether that dress is available in your size. You should not rely on a try-on image when deciding whether to buy a dress.

You can delete photos you have uploaded, and try-on images we have generated, as described in our Privacy Policy.

Access to External Resources

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability. The terms applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, result from the respective terms and conditions of those third parties or, in their absence, from applicable law.

Permitted Use

This Application and the Service may only be used within the scope of their intended purpose, in accordance with these Terms and applicable law. Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable laws, regulations, or third-party rights. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, including denying access to this Application or the Service, terminating contracts, reporting misconduct committed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – if Users engage in or are suspected of engaging in any of the following activities:

• Violating laws, regulations, and/or these Terms;

• Infringing on third-party rights;

• Uploading a photograph of another person without that person's permission;

• Uploading photographs of anyone under the age of 18;

• Significantly impairing the Owner's legitimate interests;

• Offending the Owner or third parties.

API Usage Terms

Users may access their data regarding this Application via the application programming interface (API). Any use of the API, including the use of the API via a third-party product/service that accesses this Application, is subject to these Terms and, in addition, to the following specific terms:

• The User understands and expressly agrees that the Owner is not responsible and shall not be liable for any damages or losses resulting from the User's use of the API or its use of third-party products/services that access data via the API.

Liability and Indemnification

Unless expressly stated otherwise or agreed with Users, the Owner's liability for damages in connection with the performance of the contract is excluded, limited, and/or reduced to the fullest extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claims or demands – including, but not limited to, attorney fees and costs – made by any third party due to or arising out of a culpable breach of these Terms, third-party rights, or legal provisions associated with the User's use of the Service or its affiliates, officers, directors, agents, co-branders, partners, and employees, to the extent permitted by applicable law.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to applicable law, Users are not entitled to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health, or bodily integrity, damages resulting from the breach of essential contractual obligations, such as any obligation that is absolutely necessary for the achievement of the contract's purpose, and/or damages resulting from intent or gross negligence, as long as this Application has been used properly and correctly by the User. If damages are not caused by intent or gross negligence or do not concern life, health, or bodily integrity, the Owner is only liable for the typical and foreseeable damages at the time the contract was concluded. Notwithstanding the foregoing, the following limitation applies to all Users who are not considered consumers: In any case of liability, compensation shall not exceed the total payments that the Owner has received, will receive, or would have received from the User under the contract over a period of 12 months or, if shorter, over the duration of the agreement.

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory laws and which cannot be excluded, restricted, or modified (non-excludable right). To the extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability not otherwise excluded under these Terms, is limited, at the Owner's sole discretion, to the re-supply of the services or the payment of the cost of re-supplying the services.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk, and Users will be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or not function properly with Users' web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation, or use of this Service. Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement do not apply to the extent prohibited by applicable law.

Limitations on Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damages, losses, or injuries resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;

• any errors, mistakes, or inaccuracies of content;

• personal injury or property damage, of any nature whatsoever, resulting from User's access to or use of the Service;

• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

• any interruption or cessation of transmission to or from the Service;

• any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;

• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, costs, or debts, and expenses, including, but not limited to, attorney fees and expenses, in an amount exceeding the amount paid by the User to the Owner hereunder in the previous 12 months, or the duration of this agreement between the Owner and the User, whichever is shorter. This section on limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms do not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, attorney's fees and expenses, arising from:

• User's use of and access to the Service, including any data or content transmitted or received by User;

• User's violation of these Terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these Terms;

• User's violation of any third-party right, including, but not limited to, any right of privacy or intellectual property rights;

• User's violation of any applicable law, rule, or regulation;

• any content that is submitted from User's account including third-party access with User's unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

• User's willful misconduct; or

• legal provisions by the User or its affiliates, officers, directors, agents, co-branders, suppliers, and employees, to the extent permitted by applicable law.

General Provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, with Users being informed appropriately. Within the limits of the law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to allow them to withdraw personal data or information and to respect Users' rights regarding continued product use and/or compensation in accordance with applicable laws. Additionally, the Service might be unavailable due to reasons outside the Owner's reasonable control, such as "force majeure" (infrastructure breakdowns or power outages, etc.).

Service Resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without the Owner's express prior written permission, granted either directly or through a legitimate resale program.

Privacy Policy

To learn more about the use of their personal data, Users may consult the privacy policy of this Application.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights pertaining to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties concerning intellectual property. All trademarks – nominal or figurative – and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international property treaties.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will inform the User appropriately about these changes. Such changes will only affect the relationship with the User from the date communicated to the User. Continued use of the Service signifies the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the agreement. The prior applicable version will govern the relationship prior to the User's acceptance. The User can obtain any earlier version from the Owner. Where legally required, the Owner will notify Users in advance when the modified Terms will come into effect.

Exception for Consumers in France

Notwithstanding the foregoing, any modification to these Terms shall be notified in writing at least one month before coming into force. Should consumers in France not accept the modified Terms, they shall have the right to terminate the agreement without penalty or compensation, up to four months after the day on which the modified Terms came into force.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking into account the User's legitimate interests. The provisions concerning the changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications regarding the use of this Application must be sent using the contact details provided in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Such invalid or unenforceable provision will be interpreted, construed, and re-written to the extent reasonably required to make it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permissible by law.

EU Users

Should any provision of these Terms be null, invalid, or unenforceable or be deemed as such, the parties will do their best to find an agreement on valid and enforceable provisions to replace the null, invalid, or unenforceable parts. In the absence of such agreement, the null, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions, if so permitted or prescribed by applicable law. Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of a particular provision of these Terms shall not entail the nullity of the entire agreement, unless the severed provisions are essential to the agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would result in an unacceptable hardship for any of the parties.

Applicable Law

These Terms are governed by the law of the place where the Owner has its seat, as indicated in the relevant section of this document, notwithstanding conflict of laws principles.

Precedence of National Law

However, regardless, if the law of the country where the User is located provides for higher consumer protection standards, these higher standards shall prevail.

Exception for Consumers in Brazil

If the User qualifies as a consumer in Brazil and the product and/or service is marketed in Brazil, Brazilian law shall apply.

Jurisdiction

The exclusive jurisdiction for deciding on any dispute arising from or in connection with these Terms lies with the courts of the place where the Owner has its seat, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who qualify as European consumers, nor to consumers based in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers in Brazil

The foregoing does not apply to Users in Brazil who qualify as consumers.

US Users

Each party expressly waives the right to a jury trial in any court in connection with any action or litigation. All claims under these Terms will be litigated on an individual basis, and no party will participate in a class action or other proceeding with or on behalf of others.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in relation to these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in relation to these Terms in either the Northern Irish or the English courts.

US Users

Surviving Provisions

This Agreement shall remain in effect until terminated by either this Application or the User. Upon termination, the provisions of these Terms that by their context are intended to survive termination or expiration shall survive, including but not limited to the following:

• the licenses granted by the User under these Terms shall remain in effect indefinitely;

• the User's indemnification obligations shall survive for a period of five years from the date of termination;

• the disclaimer of warranties and representations, and the provisions under the section containing indemnification and limitation of liability provisions, shall survive indefinitely.