Effective Date: November 1, 2023

These Terms of Use (or “Terms”, “Terms of Service”) govern your use of Wardrobe, except where we expressly state that separate terms (and not these) apply and provide information about the Wardrobe Service (the “Service”), outlined below. When you create a Wardrobe account or use Wardrobe, you agree to these terms.

Contract Summary

Services

We provide ways for you to create lookbooks for different occasions. You can either keep those lookbooks private or make them publicly available and share them with other users. In simple terms a lookbook is a collection of outfit pictures. Publicly available lookbooks give lookbook curators the chance to showcase affiliate links below each outfit and earn commissions on every sale. Please note that any affiliate links and outfits shared must comply with our Prohibited Content policy outlined in the Community Guidelines at the end of this page. We reserve the right to remove any affiliate links and outfits that violate our policies or that we believe to be fraudulent or deceptive. Please note that we are not responsible for any relationships or interactions between our users and the companies that provide affiliate links. Users are solely responsible for their own actions and interactions with these companies. Any issues or concerns with affiliate links must be addressed directly with the company providing the link. Please be aware that our service does not provide a way for users to message each other.

Price

Optionally, you may subscribe to 'Wardrobe Guardian' for a monthly fee of €1.49. 'Wardrobe Guardian' enables you to securely store your lookbooks in the Cloud. Subscription auto-renews before the end of the current period, unless canceled 24-hours in advance. You may manage your subscriptions and turned off auto-renewal from your Apple App Store / Google Play Store account settings. Subscription canceled during the trial, if offered, will not be charged. If you cancel a subscription purchased from an app on Google Play / Apple App Store, you will not receive a refund for the current billing period, but will continue to receive their subscription content for the remainder of the current billing period, regardless of the cancellation date. The cancellation goes into effect after the current billing period has passed. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our services.

Duration, renewal and termination

You may cease utilizing the Wardrobe Guardian by canceling your monthly subscription at any time. Additionally, you have the option to discontinue using our app at your discretion by deleting your account. We may modify, suspend or terminate your access to or use of our services, if you violate the Terms of Use.

Features for end-users with disabilities

Currently, our service does not provide support for screen readers or other adjustments for end-users with disabilities. However, we may consider adding support for end-users with disabilities as our service matures. We apologize for any inconvenience this may cause and appreciate your understanding.

Terms of Use

The Wardrobe Service is one of the Cuteberry UG (limited) products, provided to you by Cuteberry UG (limited). These Terms of Use therefore constitute an agreement between you and Cuteberry UG (limited).

Impressum

Cuteberry UG (limited)
Im Sand 12
76646 Bruchsal
Germany

Cuteberry UG (limited) is a company registered under the laws of the Republic of Germany.

To contact us by email: support@wardrobe.digital

The Wardrobe Service

We agree to provide you with the Wardrobe Service. The Service includes all of the Wardrobe products, features, applications, services, technologies, and software that we provide to advance Wardrobe's mission: To allow you to create lookbooks and collect outfit pictures. The Service is made up of the following aspects:

• Offering personalised opportunities to create, connect, communicate, discover and share. We provide ways for you to create lookbooks for different occasions. You can either keep those lookbooks private or make them publicly available and share them with other users. In simple terms a lookbook is a collection of outfit pictures. Publicly available lookbooks give lookbook curators the chance to showcase affiliate links below each outfit and earn commissions on every sale. Please note that any affiliate links and outfits shared must comply with our Prohibited Content policy outlined in Section 1 of these Terms of Use. We reserve the right to remove any affiliate links and outfits that violate our policies or that we believe to be fraudulent or deceptive. Please note that we are not responsible for any relationships or interactions between our users and the companies that provide affiliate links. Users are solely responsible for their own actions and interactions with these companies. Any issues or concerns with affiliate links must be addressed directly with the company providing the link. Please be aware that our service does not provide a way for users to message each other.
• Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and Policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Data Policy.
• Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
• Ensuring access to our Service. To operate our global Service, we are currently storing all data in Germany. However in the future we probably might be forced to store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure can become necessary and essential to provide our Service. This infrastructure is currently owned or operated by Firebase, Google.
• Research and innovation. We use the information we have to develop, test, and improve our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community. This includes analyzing the data we have about our users and understanding how people use our Services, for example by conducting surveys and testing and troubleshooting new features.

How Our Service Is Funded

We show Google ads and we also offer optional subscription plans. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our services.

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information.

Your Commitments

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information.

Who Can Use Wardrobe

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions to be part of the Wardrobe community.

• You must be at least 13 years old.
• You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

How You Can't Use Wardrobe

Providing a safe and open Service for a broad community requires that we all do our part.

• You can't impersonate others or provide inaccurate information.You don't have to disclose your identity on Wardrobe, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Wardrobe Community Guidelines (attached at the end of the Terms of Use).
• You can't do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Wardrobe usernames, passwords, or misappropriate access tokens.
• You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us

As part of our agreement, you also give us permissions that we need to provide the Service.

• We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, transferable, sub-licensable, 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) for purposes of making the Wardrobe Service available. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy.
• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

• We can remove any content you share on the Service if it violates these Terms of Use or our Policies, (including our Wardrobe Community Guidelines), or we are required to do so by law.
• If you violate these Terms of Use or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law, we may – without prejudice of our termination right for good cause – completely or partially refuse to provide or stop providing the Service to you. In this case, we will inform you in advance about the reason and the kind and scope of such intended restrictions and give you the opportunity to comment on them. Thereafter, we will inform you whether or not we will adhere to the intended restrictions. This does not apply if and as long as we are prohibited from providing the notification, including details on the reason, the possibility to request a review, and, if applicable, the kind and duration of the limitation, for legal reasons. This also does not apply if and as long as the notification would be unreasonable, taking into account the interests of both parties.
• Our right to terminate for good cause remains unaffected. Good cause is specifically if a party violates obligations under these Terms, any laws, third party rights, or privacy policies, and the terminating party cannot be expected to continue the contractual relationship under consideration of all circumstances of the individual case and having weighed the interests of both parties up until the agreed time of termination or the expiry of a period of notice. A termination for good cause is possible only within a reasonable time frame after becoming aware of the violation.
• If the good cause is a breach of an obligation of these Terms, termination is permitted only after an unsuccessful granted cure duty has expired, or after an unsuccessful warning. However, a time limit for remedy and a warning are not necessary if the other side refuses to fulfill their obligations seriously and with finality or if special circumstances justify an immediate termination, having weighed the interests of both parties.
• If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult support@wardrobe.digital. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems. When you delete your account yourself, the process will take less time than if we were to do it for you.
• Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
  • - where 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)
  • - where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible
  • - where deletion would restrict our ability to:
    • 1) investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems)
    • 2) protect the safety and security of our products, systems, and users
    • 3) comply with a legal obligation, such as the preservation of evidence
    • 4) 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)
• If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement

• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement

• This agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens

• We are liable only as follows: We have unlimited liability in accordance with statutory provisions; arising out of injury damaging to life, limb or health; in case of intent; of gross negligence; and in accordance with the Product Liability Act.
• Without limiting any of the above, we shall be liable for slight negligence only in the case of violation of an "essential" obligation under this agreement. "Essential" obligations in this sense are obligations necessary for the fulfillment of the agreement, the breach of which would jeopardize the purpose of the agreement in question, and which you can trust to be complied with. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence. How We Will Handle Disputes. If a claim or dispute arises out of or relates to your use of the Service as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.
• If a claim or dispute arises between us that relates to use of the Service in any other capacity, including, but not limited to, access or use of the Service for a business or commercial purpose, you agree that any such claim or dispute must be resolved in a competent court in Ireland and that Irish law will apply without regard to conflict of law provisions.

Unsolicited Material

We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and Policies, and we may need to make changes to these Terms so that they accurately reflect our Service and Policies. We will only make changes if the provisions are not appropriate anymore or if they are incomplete, and only if the changes are reasonable for you in consideration to your interests. Unless otherwise required by law, we will notify you of the changes and choices you have (for example, through our Service) at least 30 days before we update the Terms, and we will give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Community Guidelines

The Short

We want Wardrobe to continue to be an authentic and safe place for inspiration and expression. Help us foster this community. Post only your own photos and always follow the law. Respect everyone on Wardrobe, don’t spam people or post nudity.

The Long

Wardrobe is a reflection of our diverse community of cultures, ages, and beliefs. We’ve spent a lot of time thinking about the different points of view that create a safe and open environment for everyone.

We created the Community Guidelines so you can help us foster and protect this amazing community. By using Wardrobe, you agree to these guidelines and our Terms of Use. We’re committed to these guidelines, and we hope you are too. Overstepping these boundaries may result in deleted content, disabled accounts, or other restrictions.

In some cases, we allow content for public awareness which would otherwise go against our Community Guidelines – if it is newsworthy and in the public interest. We do this only after weighing the public interest value against the risk of harm and we look to international human rights standards to make these judgments.

• Share only photos that you’ve taken or have the right to share. As always, you own the content you post on Wardrobe. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.
• Post photos that are appropriate for a diverse audience. We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on Wardrobe. This includes photos and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples. People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
• Foster meaningful and genuine interactions. Help us stay spam-free by not artificially collecting likes, followers, or shares, posting repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent. Don’t offer money or giveaways of money in exchange for likes, followers, comments or other engagement. Don’t post content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings. You don’t have to use your real name on Wardrobe, but we do require Wardrobe users to provide us with accurate and up to date information. Don't impersonate others and don't create accounts for the purpose of violating our guidelines or misleading others.
• Follow the law. Wardrobe is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed. We also remove content that attempts to trade, co-ordinate the trade of, donate, gift, or ask for non-medical drugs, as well as content that either admits to personal use (unless in the recovery context) or coordinates or promotes the use of non-medical drugs. Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries are prohibited. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
• Respect other members of the Wardrobe community. We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
• Maintain our supportive environment by not glorifying self-injury. The Wardrobe community cares for each other and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humour.

Help us keep the community strong:

• Each of us is an important part of the Wardrobe community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting option. We have a global team that reviews these reports and works as quickly as possible to remove content that doesn’t meet our guidelines. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
• You may find content you don’t like but doesn’t violate the Community Guidelines. If that happens, you can unfollow the lookbook who posted it. If there's something you don't like in a comment on one of your posts, you can delete that comment.
• Many disputes and misunderstandings can be resolved directly between members of the community. If one of your photos was posted by someone else, you could try commenting on the post and asking the person to take it down. If that doesn’t work, you can file a copyright report. If you believe someone is violating your trademark, you can file a trademark report. Don't target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
• We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.