Snapfeet Software License and Service Agreement
1. SERVICE DESCRIPTION
Snapfeet is a software service offered by Trya srl that works as a personal shopping assistant to help You to find and buy, from our Partner Shops (listed at www.snapfeet.io), the shoes that best fit Your feet dimensions and your preferences (hereinafter, “Snapfeet Service” or simply “Service” or “Snapfeet”).
Snapfeet may be used only through dedicated client applications provided by Trya (smartphone App and other possible client applications for other devices, if made available), licensed to You under the EULA available on Snapfeet website at https://www.snapfeet.io/policies/terms/android and https://www.snapfeet.io/policies/terms/apple.
By elaborating 2D pictures (that You will have to take with Your client device according to the provided instructions), Snapfeet will create a 3D model of Your feet and calculate their relevant dimensions (length, ball girth, instep girth, and possibly other dimensions in the future)
- in order to help you to choose (and also to suggest to You) the shoe sizes and models from our Partner Shops that best fit the dimensions of your feet and Your personal preferences, and
- in order to help You to benefit from possible discounts and promotions offered by our Partner Shops (always concerning shoe models and sizes that may fit Your feet dimensions and Your preferences).
When you will be willing to purchase shoes from any Partner Shop, Snapfeet will send to the Partner Shop only the dimensions of your feet (without any personal data that may identify You), associated with an anonymous ID provided by the Partner Shop itself (via QR code, deep link or other equivalent technical means) in order to help You to choose the right size and model. The Partner Shop will send back to Snapfeet data related to Your possible purchase (date of purchase, model, size, price paid), associated with the same ID above.
Snapfeet is provided to You free of charge.
4. NO WARRANTIES
Trya cannot and does not warrant the accuracy of 3D feet models created through the Snapfeet Service nor the conformity of the models to the real feet they have been created from, since accurate 3D reconstruction from 2D images may partially fail due to a number of factors that fall out of Trya’s control, including but not limited to camera quality, camera lens defects, light exposure, fake shadows, optical or photographic artefacts and the like, and the software platform may not be able to automatically detect such issues.
Trya cannot and does not warrant the accuracy of the matching operations between a 3D foot model and the best fitting shoe model/size for that particular foot, because it depends on the accuracy of the 3D foot model, on the accuracy of the parameters provided by the shoe manufacturer or by Partner Shop, as well as on subjective factors.
Trya cannot and does not warrant the accuracy of the matching operations between Your preferences and and the shoe models suggested to You by Snapfeet, because it depends mainly on subjective factors.
Also because of its inherent characteristics, as explained above, SNAPFEET SERVICE IS PROVIDED TO YOU ON AN “AS-IS” AND AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, TRYA EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TRYA DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE.
ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR PRIVACY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. THE ABOVE LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURIES OF A CONSUMER.
5. DISCLAIMER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL TRYA, TRYA’S AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER, EVEN IF TRYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM:
- THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICE PROVIDED HEREUNDER;
- THE INABILITY TO USE THE SERVICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION;
- THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE; OR
- THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED TO THE SERVICE. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. THE ABOVE LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURIES OF A CONSUMER.
6. NO ASSIGNMENT, SUBLICENSE OR TRANSFER.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without Trya’s prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and Trya, in its sole discretion, shall have the right to immediately terminate this Agreement.
Trya reserves the right to change, amend and/or modify this Agreement, in whole or in part, at any time, and when Trya does so, it will provide You with reasonable notice that a change, amendment or modification has been made. You agree that reasonable notice includes, by way of example, a reasonably prominent posting on the Trya’s website or on the client application, or the sending of an e-mail to you, indicating that this Agreement has been changed. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by Trya. From time to time, Trya may post on the Service or otherwise notify You of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
8. TERM AND TERMINATION
This Agreement is effective until terminated by Trya or You. Trya shall have the right to terminate this Agreement including, without limitation, Your right to access and use the Snapfeet Service, at any time in Trya’s sole discretion and without advance notice to You. You may terminate this Agreement at any time by deleting all copies of Snapfeet client applications in your possession or control, if any, and discontinuing use of any and all parts of the Snapfeet Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Snapfeet Service. Removal of the client applications or discontinuing use of the Snapfeet Service does not relieve you of your prior liabilities and continuing obligations under this Agreement, as applicable.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
10. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO SNAPFEET PARTNER SHOP, VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY TRYA TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.
11. GOVERNING LAW
This contract is governed by the laws of England and Wales, with the exclusion of their international private law conflict rules. Please note that under Regulation Rome I such a choice may not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable under the law of the country where the consumer has his habitual residence (if applicable).
The parties irrevocably agree that the courts of Vicenza (Italy) have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).