The following End User License Agreement / General Terms and Conditions (“License Agreement” or “General Terms and Conditions”) applies to the use of the mobile application “MakeMeLook.ai ” (hereinafter referred to as the “Application”) of Monorus LLC, 5th Kozhukhovskaya str., 9, Moscow, 115193 (hereinafter referred to as “MakeMeLook”).
This section governs your use of the services or features that MakeMeLook offers at the alpha, preview, early Access or beta stage (“Beta Services"). Beta Services are offered “as is”, which allows for testing and evaluation.
MakeMeLook makes no representations or warranties regarding the Beta Services, including any guarantees that the Beta Services will be publicly available, uninterrupted and error-free, and that the Content will be safe, not lost or damaged. Except as prohibited by law, MakeMeLook expressly disclaims all warranties for the Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or peaceful use, as well as any warranties arising from any trading process or use of the trade.
1.1 The application allows you to virtually try on different styles and directions, request style tips, upload individual photos, save outfits in personal lists and view products for purchase (“Services"). As a fashion community, MakeMeLook offers a platform for sharing fashion ideas with other users, in order to follow them, share and discuss outfits and individual products with them, follow your favorite brands and bloggers, and create and use various fashion news in the media in a simple and uncomplicated way.
1.2 The basic offer of the application is free.
1.3 The application is provided for mobile devices (smartphones or tablets) with the iOS operating system in Russian (the “Mobile Application"). An Internet connection is required to use the application, for which the telecommunications provider selected by the user may charge a separate fee.
1.4 The mobile application can be downloaded to the user's end device through the Apple App Store platform. Pre-registration may be required to use this platform, and the terms of the relevant platform provider apply.
2.1 These Terms come into force upon your first use of the Services and remain in force until their termination. You can terminate these Terms at any time for any reason by stopping using the Beta Services and/or the Services and Content. We may terminate these Terms immediately by notifying you if you significantly violate any part of the Terms, if changes occur in relations with third-party technology providers beyond our control, or in order to comply with the requirements of the law or the government. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or may hold us or any third party accountable.
2.2 Upon termination of the agreement, you stop using the Beta Services and/or the Services and immediately return or, at our direction, destroy any Confidential Information.
2.3 When using the Application, you may need to register. If you have not used the Application, Beta Services and/or Services yet, a usage agreement will be concluded between you and MakeMeLook upon registration, as soon as you click the "Register" or "Register" button and thereby complete the Registration. These general terms and conditions will govern this contract together with our Privacy Policy and other amendments that we make to it from time to time. The application, Beta Services and/or MakeMeLook Services are intended exclusively for users over the age of 13. Users under the age of 18 need the consent of their parents or legal guardians.
2.4 MakeMeLook offers various registration options, from which you can choose the appropriate one. You can register using your email address or using a third-party login service, such as Apple or Google, by specifying your account there. By registering with the login service, you grant us access to certain contents of your account. You can set the amount of this access during registration and in your account settings. You will find additional information in the relevant terms of use and privacy policy of your registration service.
2.5 Any data provided by you must be truthful, complete, and your data must be publicly available. You do not have the right to share confidential or personal information of others with the Application, Beta Services and/or Services. These rules apply at any time of your interaction with the Application, Beta Services and/or Services, including during registration and use. In the case of information marked as optional, you can decide for yourself whether you want to provide this information. You need to select a username and a valid email address.
2.6 You may not create more than one account to use the Beta Services and/or Services provided on the free version of the Application. If we believe that you are using the free version in bad faith, we may charge you standard fees or stop providing access to Beta Services and/or Services.
3.1 MakeMeLook strives to ensure the uninterrupted availability of the Application and will make commercially reasonable efforts to do so. However, it is technically impossible to guarantee uninterrupted availability. In particular, MakeMeLook is not responsible for Internet downtime/network and, especially, for downtime during which the Application is unavailable due to technical or other problems beyond MakeMeLook's control (for example, force majeure, actions of third parties, etc.). With the exception of Beta Services, you will, if possible, be informed in advance of planned maintenance work, which limit accessibility. MakeMeLook expressly disclaims all warranties with respect to the Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or peaceful use, as well as any warranties arising from any way of doing business or using commerce.
3.2 MakeMeLook reserves the right to extend or modify the Application, in particular if it contributes to technological progress, is necessary for legal reasons or to prevent misuse. With the exception of Beta Services, in case of significant changes that limit the scope of functions or terminate their implementation, we will inform you in advance within a reasonable time, unless the change is urgently required to prevent misuse, in response to changes in legislation, official or judicial orders, or to ensure the security and functionality of the Application.
3.3 MakeMeLook is not responsible for the accuracy, legality, completeness and timeliness of Third-party Content (including other users), in particular for the Content and information on third-party websites linked to by links from the Application.
3.4 It is technically impossible for MakeMeLook to verify the identity of its users. Therefore, MakeMeLook assumes no responsibility for the correct identification of its users.
3.5 MakeMeLook, the App, Beta Services and/or Services may refer you via a link or deep link to third-party websites or applications where you may be asked to make purchases, share information or otherwise interact with a third party. You are solely responsible, MakeMeLook disclaims any responsibility for your interaction with such third parties. You may be subject to additional Terms and Conditions, Privacy Policy or other Terms and Conditions, and you are solely responsible for any obligations that may arise as a result of your interaction with such third parties. Please use such links only at your discretion.
3.6 MakeMeLook is not obligated to improve the Application or provide certain Content and features in the relevant Application, except as required by law.
4.1 You are granted a simple revocable license, limited by the term of the contract, for the Application and Content provided in the Application by MakeMeLook or third parties solely for the use of the Application under the contract and for the use of this Content within the Application and its functionality, including the sharing function. You agree to comply with these Terms and all applicable laws when using the Beta Services and/or the Services. We and our affiliates own all ownership rights and interests in the Beta Services and/or the Services. This license does not apply to any further use.
4.2 You may enter input data into Beta Services and/or Services (“Input Data”) and receive output data generated and returned by Beta Services and/or Services based on Input Data (“Output Data”). The input and output data are collectively referred to as “Content". By agreement of the parties and to the extent permitted by applicable law, all Data Entered belongs to you. Subject to your compliance with these Terms, MakeMeLook hereby owns all Output Data. This means that you are not allowed to use the Output for any purpose, including commercial, such as selling or publishing. MakeMeLook may use the Content to provide and support the Beta Services and/or the Services themselves, comply with applicable laws, and enforce our Terms.
4.3 Artificial intelligence and machine learning are rapidly developing fields of research. We are constantly working to improve the Beta Services and/or the Services themselves to make them more accurate, reliable, secure and useful. Given the probabilistic nature of machine learning, the use of Beta Services and/or the Services themselves may in some situations lead to incorrect data conclusions that inaccurately reflect real elements of clothing, face or body proportions. You should evaluate the accuracy of any output data depending on your use case, including by viewing the output data.
4.4 You grant MakeMeLook a non-exclusive, transferable, sublicensable and worldwide license to reproduce, publicly reproduce and provide access to the Content you have uploaded, including any input data, through the Application, as well as to edit it as necessary. The license is not limited in time with respect to the individual parts posted by you. Facebook Instagram, TikTok, Telegram, VKontakte or online advertising This license is limited to the purpose of providing the Application and its functionality, as well as promoting MakeMeLook and the Application through our website and social networks such as Facebook, Instagram, TikTok, Telegram, VKontakte or online advertising.
4.5 With respect to all Content uploaded by you, including any Input Data, through the Application, you are responsible for ensuring that you have sufficient authority to use and license it for MakeMeLook, as well as ensuring that no third-party rights interfere with the use of the Content.
4.6. The Output data generated by the Application functions may be subject to third-party licenses, including, but not limited to, open source licenses.
4.7 We appreciate feedback, comments, ideas, suggestions and suggestions for improvement. If you provide us with any of the above, we can use it without any restrictions or compensation to you. For the avoidance of doubt, any feedback, comments, ideas and suggestions you make regarding the App, Beta Services and/or Services will be treated as the property of MakeMeLook.
4.8 You have no right to use the Beta Services and/or the Services in a way that violates, misappropriates or violates the rights of any person; to reverse-assemble, reverse-compile, decompile, translate or otherwise attempt to discover the source code or basic components of the models, algorithms and systems of the Beta Services and/or the Services (except in the following cases when such restrictions are contrary to applicable law); use the results of Beta Services and/or Services to develop models competing with MakeMeLook; or send us any personal information about children under the age of 13 or the appropriate age of digital consent. You agree to comply with any speed limits and other requirements specified in our documentation. You can use Beta Services and/or Services only in regions that are currently supported by MakeMeLook.
4.9 Any third-party software, Beta Services and/or Services or other products that you use in connection with the Beta Services and/or Services are governed by their own terms and conditions, and we are not responsible for third-party products.
5.1 When using the Application, you must behave respectfully towards other users at all times. This App adheres to a zero tolerance policy for objectionable Content and offensive behavior. In particular, it is prohibited
distribute or upload pornographic, obscene, immoral, politically radical, racist, violent, defamatory or offensive, or any other illegal Content through the App
threaten, harass, insult, defame or engage in any form of verbal or physical violence against other users
distribute images of people without their consent or otherwise violate the personal rights of third parties
distribute Content that infringes the rights of third parties
use the App to prepare, organize, or carry out illegal activities
carry out attacks on the functionality of the Application, such as mass e-mail (SPAM), hacking attempts, brute force attacks, use or distribution of spyware, viruses and worms
use of the Application for network marketing, multi-level marketing (MLM), referral marketing, structured distribution, or other commercial purposes.
Users found to have committed any of the above actions are subject to immediate account suspension or termination, at the discretion of the Application administrators, in addition to any legal consequences that may arise from such actions.
5.2 In case of violations of the User Agreement, makeMeLook may, at its sole discretion, temporarily or permanently block you and/or delete the individual Content uploaded by you. This does not affect MakeMeLook's further claims.
6.1 You agree to defend, indemnify and hold harmless us, our affiliates and our personnel from and against any and all claims, damages and expenses (including attorneys' fees) arising out of or in connection with your use of the Beta Services and/or Services, including your Content, products or services that you develop or offer in connection with the Beta Services and/or Services, and your violation of these Terms or applicable law.
7.1 Disclaimer. THE BETA SERVICES AND/OR SERVICES ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE BETA SERVICES AND/OR SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES, ARISING OUT OF ANY COURSE OF BUSINESS OR TRADE USE. WE DO NOT WARRANT THAT THE BETA SERVICES AND/OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE, LOST OR ALTERED.
7.2 Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SERVICE THAT GAVE RISE TO THE CLAIM WITHIN 12 MONTHS PRIOR TO THE LIABILITY ARISING, OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.1 You may be granted access to confidential information of makeMeLook, its affiliates and other third parties. You may use confidential information only to the extent necessary to use the Beta Services and/or Services in accordance with these Terms. You may not disclose confidential information to third parties, and you must protect confidential information in the same way as your own confidential information of a similar nature, with at least reasonable care.8.3 If you use the Beta Services and/or Services to process personal data, you must provide legally valid privacy notices and obtain the necessary consents to process such data. You also represent to us that you process such data in accordance with applicable law.
Confidential information includes non-public information that MakeMeLook, its affiliates or third parties designate as confidential or that reasonably should be considered confidential under the circumstances. This includes software, specifications, and other non-public business information. Confidential information does not include information that: has become publicly available to the public without your involvement; you already possessed without any obligation of confidentiality when you received it under these Terms; has been lawfully disclosed to you by a third party without an obligation of confidentiality; or you developed independently without the use of confidential information. You may disclose confidential information provided that it is required to do so by law or a valid court order or other authority, provided that you provide reasonable prior written notice to MakeMeLook and use reasonable efforts to limit the scope of the disclosure, including assisting in challenging the disclosure request, in each case where possible.
8.2 You must take reasonable and appropriate measures to help protect your access to and use of the Beta Services and/or the Services. If you become aware of any insecurity or breach related to your use of the Beta Services and/or the Services themselves, you must immediately contact MakeMeLook at help@makemelook.ai and provide details of the insecurity or breach.
8.3 If you use the Beta Services and/or Services to process personal data, you must provide legally valid privacy notices and obtain the necessary consents to process such data, and you represent to us that you process such data in accordance with applicable law.
8.4 Information about the collection and processing of personal data can be found in the settings of the Application and in the Privacy Policy section.
9.1 As a consumer, you have the right to terminate your contract for the free version of the App. You will find the relevant withdrawal instructions in the App.
10.1 We may make changes to these Terms from time to time by posting a revised version on the website or, if the update materially adversely affects your rights or obligations under these Terms, we will send you a notice either by email associated with your account or by means of an in-product notice. These changes will take effect no sooner than 30 days after we notify you. All other changes will take effect immediately. Your continued use of the Beta Services and/or Services following any changes constitutes your acceptance of such changes.
10.2 If you are a business, a public law entity or a special public law foundation, the place of jurisdiction for all disputes arising out of the contractual relationship between you and us is 5th Kozhukhovskaya Street, 9, Moscow, 115193.
10.3 These Terms do not create a partnership, joint venture or agency relationship between you and MakeMeLook or any of its affiliates. MakeMeLook and you are independent parties, and neither party has the right to bind the other party or bind on behalf of the other party without the prior written consent of the other party.
10.4 You may not use the names, logos or trademarks of MakeMeLook or its affiliates without our prior written consent.
10.5 The Beta Services and/or Services have been developed solely at private expense and are commercial software and related documentation in accordance with the applicable federal laws of the Russian Federation.
10.6 You may not transfer or delegate any rights or obligations under these Terms. Any attempt to do so will be null and void. We may transfer these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
10.7 All notices will be in writing, including by email. We may notify you using the registration information you have provided or the email address associated with your use of the Beta Services and/or Services. The notice shall be deemed to have been received on the day it is received by e-mail or on the day it is sent by courier if it is sent by post. MakeMeLook accepts notifications at this address: 9 5th Kozhukhovskaya Street, 115193, help@makemelook.ai, Moscow.
10.8 If you fail to comply with these Terms and Conditions and makeMeLook does not take immediate action, this does not mean that MakeMeLook waives any of our rights. Except as provided in the "Responsibility of MakeMeLook" section, if any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will apply to the maximum extent permissible and will not affect the enforceability of the other provisions.
10.9 The Beta Services and/or Services may not be used for the benefit of, exported or re-exported to any countries subject to an embargo of the Russian Federation (collectively, the "Embargoed Countries") or to anyone on the list of Specially Designated Nationals of the Ministry of Finance of the Russian Federation, any other lists of restricted persons (existing now or hereafter defined) as determined by the Office of Foreign Controls assets, or the List of Prohibited Persons of the Ministry of Trade of the Russian Federation, or the List of Legal Entities, or any other lists of persons with restricted access (collectively, the "Restricted Lists"). You represent and warrant that you are not located in any embargoed country or on any such prohibited lists. You must comply with all applicable laws relating to embargoed countries or restricted party lists, including any requirements or obligations to know your end users directly.
10.10 You acknowledge that your breach of these Terms may cause irreparable harm to makeMeLook and its affiliates, and makeMeLook shall be entitled to seek injunctive relief against you in addition to any other remedies.
10.11 These Terms and any provisions incorporated into these Terms contain the entire agreement between you and makeMeLook regarding the use of the Beta Services and/or Services and, except for any terms of use of specific Services or any applicable corporate agreements, supersede any prior or contemporaneous agreements, communications or understandings between you and makeMeLook with respect thereto.
10.12 These Terms will be governed by the laws of the Russian Federation, excluding the rules or principles of conflict of laws of the Russian Federation. Except as provided in the "Dispute Resolution" section, all claims arising out of or related to these Terms will be submitted exclusively to the federal courts of the Russian Federation.
11.1 If you believe that third-party content or the conduct of any other user infringes your rights, you may send us a notice at help@makemelook.ai.
11.2 If an illegal act or information becomes apparent from your complaint, MakeMeLook will forward your complaint to the third party/user and request a statement from the third party/user. If the third party/user does not refute your complaint, MakeMeLook will remove the content to the extent of its technical capabilities or take action against the user.
YOU AGREE TO THE FOLLOWING BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
BINDING ARBITRATION. You and makeMeLook agree to resolve any past or present claims related to these Terms or our Beta Services and/or Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms and future changes to these arbitration terms by completing this form within 30 days of agreeing to these arbitration terms or related changes.
Informal Dispute Resolution. We would like to understand and try to resolve your concerns before a formal legal action. Before filing a lawsuit against MakeMeLook, you agree to attempt to resolve the dispute informally by sending us a letter to help@makemelook.ai stating your name, a description of the dispute, and the remedies you are seeking. If we are unable to resolve the dispute within 60 days, you can initiate formal proceedings. Any statute of limitations will be suspended during the 60-day resolution process.
Arbitration Forum. Either party may commence binding arbitration through the Beta Services and/or the Services, an alternative dispute resolution provider. The parties shall pay equal shares of the arbitration fees. If the arbitrator finds that you are unable to pay the arbitration fees and are unable to obtain a waiver, MakeMeLook will pay them for you. MakeMeLook will not seek attorneys' fees in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions. This Arbitration Section does not require arbitration of the following claims: individual actions filed in small claims court; and injunctive or other equitable relief to stop unauthorized use or abuse of the Beta Services and/or Services or infringement of intellectual property rights.
NO CLASS ACTIONS. Disputes shall be filed only on an individual basis and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If, for any reason, a dispute is brought in court rather than by arbitration, each party knowingly and irrevocably waives any right to a trial by jury in any suit, proceeding, or counterclaim. This does not preclude either party from participating in a class settlement.
Bulk submissions. If, at any time, 30 or more similar claims for arbitration are brought against MakeMeLook or related parties by the same or coordinated counsel or entities ("Bulk Submission"), the Beta Services and/or Services will randomly assign a sequential number to each of the Bulk Submissions. Claims numbered 1-10 will be "Initial Test Cases" and will first be referred to arbitration. The arbitrators will make a final determination on the Initial Test Cases within 120 days of the preliminary hearing, unless the claims are settled in advance or the parties agree to extend the deadline. Thereafter, the parties will have 90 days (the "Mediation Period") to resolve the remaining mediation cases based on the decisions of the Initial Test Cases. If the parties fail to resolve the outstanding claims within this time, the parties may opt out of the arbitration process and go to court by giving written notice to the other party within 60 days after the end of the mediation period. Otherwise, the remaining cases will be considered by arbitration in accordance with the established procedure. Any statute of limitations will run from the time you select the initial test cases until your case is selected as described above.
Possibility of separation. If any part of this Section is found to be illegal or unenforceable, the remainder will remain in effect, except to the extent that a finding of partial illegality or unenforceability would permit a bulk application or a class or representative arbitration to take place, in which case this Section will not be enforceable in its entirety. Nothing in this Section will be deemed a waiver or otherwise limiting the right to seek public injunctive relief or any other non-waivable right prior to the arbitrator's determination on the merits of such claim.
You have the right to terminate this contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the date of the contract.
In order to exercise your right of withdrawal, you must inform us (9 5th Kozhukhovskaya Street, 115193, help@makemelook.ai, Moscow) of your decision to terminate this contract by an express notice (e.g. by post, fax or e-mail). You can use the attached standard withdrawal form, but it is not mandatory.
In order to comply with the withdrawal deadline, it is enough for you to send a message that you have exercised the right to withdraw funds before the withdrawal deadline expires.
If you terminate this contract, we will reimburse you for all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to terminate this contract. We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; In any case, you will not incur any fees as a result of such refund.
