Yellow Octopus AI Wardrobe Assistant TERMS AND CONDITIONS
This document (“Terms and Conditions”) sets out the User terms that apply tothe use of the mobile software application (the “App”) or the website (togetherwith the App, collectively the “Services”) offered by Yellow Octopus AI Wardrobe Assistant.1. ABOUT US1.1.
We are Yellow Octopus AI Wardrobe Assistant, a company registered
Yellow Octopus EU

Gromadzka 5

05-806 Sokolow, Poland (“Yellow Octopus AI Wardrobe Assistant”, “we”, “our”, or“us”).
1.2. We are a fashion ecosystem that digitalises and connects wardrobes offashion customers and their friends in record-breaking time, involving theminto engaging social media style activities where ‘sustainability’ is simplythe outcome. Yellow Octopus AI Wardrobe Assistant links a highly engaginguser-friendly social media platform with tools to promote resell, swap,donation, and upcycling of fashion products.
1.3. Yellow Octopus AI Wardrobe Assistant is not party to any Transactionbetween Users. Under no circumstances will Yellow Octopus AI Wardrobe Assistantbuy, sell or exchange Items shown on the Services nor claim to do so.2. OVERVIEW2.1. These Terms and Conditions define the relationshipbetween Yellow Octopus AI Wardrobe Assistant and Users (“you”, “your”), betweenUsers and Partner and between Users and other Users.2.2. Please read these Terms and Conditions and our PrivacyPolicy carefully before signing in or registering with the Services. If youhave any questions, please contact us at privacy@yellow-octopus.app2.3. We may change these Terms and Conditions from time totime so please check our App or our website at yellow-octopus.app from time totime for any updates to them to ensure that you are happy with any changes. Wewill actively notify you in case we make any material changes to the Terms andConditions.2.4. Your continued use of any part of the Servicesfollowing any update to these Terms of Use will constitute confirmation thatyou have been notified of those changes and you are happy with them.3. DEFINITIONS3.1. Account means User’s account created upon registrationon the Services.3.2. Buyer means User who buys or wishes to buy or swap oneor more Item(s) on the Services.3.3. Discount Coupon means Partner the special deal offeredby a Yellow Octopus AI Wardrobe Assistant Partner (Partner Brand) to YellowOctopus AI Wardrobe Assistant Users that gives the rebate on purchase ofcertain goods or services as a reward for being sustainable. The User can get adiscount coupon as a reward for completing certain activities on the app thatare directly and indirectly contributing to development of a sustainablefashion, like prolonging clothing lifecycle through e.g. swapping, donation, orupcycling.3.4. Donation means the feature offered by Yellow Octopus AIWardrobe Assistant whereby Users can donate their Items or money to charitiesthough a range of different donation models. The User will get a discountcoupon as a reward for supporting the charity of their choice if conditionsapply to the selected charity and donation model.3.5. ePrivacy Directive means Privacy and ElectronicCommunications Directive 2002/58/EC (as updated by Directive 2009/136/EC) andthe Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) asamended by the Privacy and Electronic Communications (EC Directive) (Amendment)Regulations 2011 (SI 2011/1208), the Privacy and Electronic Communications (ECDirective) (Amendment) Regulations 2015 (SI 2015/355) and the Privacy andElectronic Communications (EC Directive) (Amendment) Regulations 2016 (SI2016/524).3.6. GDPR means Regulation (EU) 2016/679 of the EuropeanParliament and of the Council of 27 April 2016 on the protection of naturalpersons with regard to the processing of personal data and on the free movementof such data and repealing Directive 95/46/EC (General Data ProtectionRegulation).3.7. Item and Allowed Item mean goods or items whose sale isnot forbidden by national applicable law or prohibited by Yellow Octopus AIWardrobe Assistant and that are listed by the User in the Services, in order tosell, swap, upcycle, donate or otherwise use them. Only the Items specified by YellowOctopus AI Wardrobe Assistant are Allowed Items for each feature offered by YellowOctopus AI Wardrobe Assistant.3.8. Intellectual Property Rights mean any patent, utilitymodels, rights to inventions, copyright and neighbouring and related rights,moral rights, trademarks and service marks, business names and domain names,rights in get-up and trade dress, goodwill and the right to sue for passing offor unfair competition, rights in designs, rights in computer software, databaserights, rights to use, and protect the confidentiality of, confidentialinformation (including know-how and trade secrets) ­­and all other intellectualproperty rights, in each case whether registered or unregistered and includingall applications and rights to apply for and be granted, renewals or extensionsof, and rights to claim priority from, such rights and all similar orequivalent rights or forms of protection which subsist or will subsist now orin the future in any part of the world.3.9. Partner means either Retailers, Charities, Influencersor Partners that have an account with Yellow Octopus AI Wardrobe Assistantpursuant to the applicable terms.3.10. Resell means the feature offered by Yellow Octopus AIWardrobe Assistant whereby one User can buy/sell an Item from/to another User.
3.11. Seller means User who sells or wishes to sell or swap one or more Item(s)on the Services.3.12. Services mean the option offered by Yellow Octopus AIWardrobe Assistant to Users to join Discount Coupons schemes, manage theironline wardrobe, share styling ideas, list their Items and interact with otherUsers and Partner by Swapping, Donating, Upcycling and Reselling their Items,by posting comments, by sending private messages or by using any other featureavailable in Yellow Octopus AI Wardrobe Assistant App or Website.3.13. Swap means the feature offered by Yellow Octopus AIWardrobe Assistant whereby one User can exchange an Item with another User.3.14. Third Party Services mean products, goods or servicesoffered via any Third Party Site.3.15. Third Party Site means websites and/or apps ofPartnerand other third parties.3.16. Third Party Social Networking Service means thirdparty platforms that may be used to create an account with Yellow Octopus AIWardrobe Assistant.3.17. Transaction means any trade between Users or betweenUsers and Partnerwhich transfers the ownership of and/or the right to use anItem from one User to another or from the Partner to the User.3.18. UK GDPR means Regulation (EU) 2016/679 of the EuropeanParliament and of the Council of 27th April 2016 on the protection of naturalpersons with regard to the processing of personal data and on the free movementof such data (General Data Protection Regulation) as it forms part of the lawof England and Wales, Scotland and Northern Ireland by virtue of section 3 ofthe European Union (Withdrawal) Act 2018.3.19. Upcycle means the feature offered by Yellow Octopus AIWardrobe Assistant whereby Users can send their Items to Yellow Octopus AIWardrobe Assistant upcycling Partners to turn non-usable items into new homedécor products. The User will get a Discount Coupon as a reward for supportingthe upcycling models if conditions apply to the selected upcyling option.3.20. User means an individual who has created an account onthe Services pursuant to these Terms and Conditions.3.21. User Content means any content including but notlimited to photos, videos, messages, and text created by Users and/or uploadedby Users to Yellow Octopus AI Wardrobe Assistant.4. ELIGIBILITY4.1. You need to be at least 13 and capable in your countryof residence of entering into a legally binding agreement in order to use theServices.4.2. The Services are for the personal use of individualusers only and may not be transferred by you to any other person or entity.4.3. You must not allow anyone to access the Services onyour behalf.4.4. In order to use the Services, you need to create anAccount. You may create an Account using Facebook, Twitter, Instagram, Apple,Google or other Third Party Social Networking Service.4.5. When registering for the Services, we may request youto verify your Account for security purposes. Yellow Octopus AI Wardrobe Assistantmay introduce any account verification means in its sole discretion.5. LISTING CONDITIONS.5.1. Only women’s, men’s, unisex, genderless andchildren’sclothing, footwear and accessories are considered Allowed Items for re-selling,swapping and upcycling.5.2. Only T-Shirts & Tops, Trousers, Jackets, Hoodies& Knitwear, Shirts, Dresses & Skirts, Suits, Underwear & Swimwear,Kids & Baby Clothing, Accessories, Scarves, Hats & Gloves, Shoes areconsidered Allowed Items for donation.5.3. The following Items are strictly prohibited:• Items that do not comply with applicable laws;
• Counterfeit items;
• Items that promote or display violence, discrimination, hatred, crime;
• Items that do not comply with hygiene standards, or pose risk to one’shealth;5.4. When listing an item for sale, swapping, donation orupcycling on our Services, you need to comply with the requirements detailedabove and you also confirm that:5.4.1. You are the owner of the Items and have the right totransfer the ownership, sell, swap or donate them;
5.4.2. The sale, swap, use or possession of such Items do not violate therights of any third party, comply with intellectual property rights and do notviolate any local, national or international applicable law or regulation;5.5. You need to provide the following details in order tolist an item: name, brand, product category, short description, price, size,colour, photos and product quality (new, used, new with tags, etc.)5.6. Item’s details can be edited at any time before theUser enters into an agreement with another User.5.7. When an Item is listed for sale or swapping and as suchis published to other Users, this constitutes an offer for sale of the relevantitem by the Seller, which may be accepted by a Buyer.5.8. In order to list an Item you need to verify your Stripeaccount. Your Stripe account is subject to Stripe’s Terms and Conditions andPrivacy Policy, for further information please visit stripe.com6. RE-SELLING CONDITIONS6.1. All Items listed for reselling must include an imageand a description.6.2. Yellow Octopus AI Wardrobe Assistant may remove Itemsfrom reselling if they do not receive support from other Users.6.3. Transactions may only take place via either PayPal orStripe. For PayPal and Stripe Terms and Conditions and Privacy Policy, pleasevisit their websites at paypal.com and stripe.com.6.4. All prices must be expressed in British Pound (GBP)with all applicable taxes included.6.5. The amount paid by the Buyer includes Item price,shipping label, Yellow Octopus AI Wardrobe Assistant commissions, paymentprovider’s fee, protection fee. [please detail].6.6. You are not allowed to sell or purchase an Item bymaking direct arrangements with the Buyer or the Seller, to use a paymentmethod other than Stripe or to use shipping options other than the onesavailable on Yellow Octopus AI Wardrobe Assistant. Selling or purchasing anItem in any other way is a breach of these Terms and Conditions.6.7. The Buyer accepts the Seller’s offer when the Buyerclicks the button ‘Buy’ and fills in the form with the required details,chooses the delivery method and pays for the order.6.8. The acceptance of the Seller’s offer by the Buyerimplies that the Buyer and the Seller enter into a legally binding contract forthe sale and purchase of the agreed Item(s).6.9. A Transaction is deemed completed when the product isdelivered to the Buyer.6.10. The Seller is responsible for shipping out the Item(s)after the Buyer has accepted their offer. The Seller must use the ‘shop toshop’ parcel service. Shipping conditions of Section 12 apply.6.11. The payment will only be processed once the Item hasbeen delivered to the Buyer and the Buyer has confirmed that they have noobjection to the product within 48h. In the absence of confirmation from theBuyer within 48 hours from the reception of the Item, the Seller willautomatically get the funds after 48h. If the Buyer has objections, the paymentwill not be processed until the dispute has been resolved between the users, oras step two, by Yellow Octopus AI Wardrobe Assistant customer service.6.12. Any Transaction and/or agreement for sale and/orpurchase of an Item is made solely between the Buyer and the Seller.6.13. Complaints, questions, and claims related to an Itemshould be directed to the Seller. Yellow Octopus AI Wardrobe Assistant is notparty to any Transaction between Users, therefore we have no control and do notgive any commitment relating to the existence, quality, safety, genuineness orlegality of Items, the truth or accuracy of any picture or description of Itemsor any other content made available by Users, the ability of the Seller to sellthe Items, the ability of the Buyer to pay for them or that the Buyer or theSeller will actually complete a Transaction and we have no liability in thisrespect.6.14. Except as otherwise required by law, you areresponsible for all taxes relating to your sales of Items through the Services.7. PURCHASING CONDITIONS FOR TRANSACTIONS BETWEEN USERS ANDPARTNER7.1. Except as otherwise provided, Transactions betweenUsers and Partner are governed by each Partners own terms. Users must carefullyread Partner’s terms and conditions and privacy policy before completing anyTransaction with them.8. SWAPPING CONDITIONS8.1. Users may exchange Items between each other. All Itemslisted for swapping must include an image and a description.
8.2. Any swap offer is accepted only when the two parties agree to each other’sswapping conditions.
8.3. Transaction is deemed completed when both parties receive the products,when the shipment status changes into ‘Delivered’.
8.4. Users are not allowed to swap an Item by making direct arrangements withother Users.
8.5. The acceptance of the Seller’s offer by the Buyer implies that the Buyerand the Seller enter a legally binding contract for swapping the agreedItem(s).8.6. Items should be shipped after the two parties accepteach other’s swapping conditions. The Seller must use the ‘shop to shop’ parcelservice. Shipping conditions of Section 12 apply.8.7. In case any payments are made as part of theTransaction, the relevant provisions of Section 7 apply.8.8. Any Transaction and/or agreement for swapping an Itemis made solely between the Buyer and the Seller.8.9. Complaints, questions, and claims related to an Itemshould be directed to the Seller. Yellow Octopus AI Wardrobe Assistant is notparty to any Transaction between Users, therefore we have no control and do notgive any commitment relating to the existence, quality, safety, genuineness orlegality of Items, the truth or accuracy of any picture or description of Itemsor any other content made available by Users, the ability of the Seller to sellthe Items, the ability of the Buyer to pay for them or that the Buyer or theSeller will actually complete a Transaction and we have no liability in thisrespect.8.10. Users need to pay for the shipping label.9. UPCYCLING CONDITIONS9.1. The upcycling service is offered through our upcyclingPartners. You can choose the upcycling Partner you want to send your Items tofor upcycling. When sending an Item for upcycling, the relevant Partner’s termsand conditions may apply and your personal information will be processed inline with their privacy policy.9.2. You must use the ‘shop to shop’ parcel service.Shipping conditions of Section 12 apply.9.3. Once your pre-loved items get their new life you willreceive a notification that new items were born.9.4. By sending Items to our upcycling Partners you may getaccess to Partner’s discount coupons scheme. You can unlock your Yellow OctopusAI Wardrobe Assistant Coupons and get Doing Good Discounts foryour nextpurchase. Please see Section 11.9.5. Once the Item has been sent to our upcycling Partners,the User will not be able to get it back. Return option is not available forthis service.10. DONATION CONDITIONS10.1. All donated Items are sent to charity, where resold orrecycled, helping raise money for charity. You can choose the charity you wantto donate your Items to from the Partners that Yellow Octopus AI Wardrobe Assistantworks with.10.2. You can either send your parcel using the ‘shop toshop’ parcel service according to the shipping conditions of Section 12 or usethe drop off point and donate it directly at the charity shop according to thechosen charity instructions.10.3. Yellow Octopus AI Wardrobe Assistant may also offerits Users the option to donate the money obtained from reselling their Items tothe charity or organisation they choose.10.4. By donating Items or money you may get access toPartnerDiscount Coupons scheme. You can unlock your Yellow Octopus AI Wardrobe AssistantDiscount Coupons and get Doing Good Discounts for your next purchase. Pleasesee Section 11.10.5. Once the Item has been sent to charity, the User willnot be able to get it back. Return option is not available for this service.11. DISCOUNT COUPONS SCHEME
11.1. When donating an Item or money or sending an Item for upcycling, you maychoose to be introduced and connected to Partner Discount Coupons scheme. Youmay also get some discounts from Partner under some circumstances if you resellyour products instead of returning it to the Partner.11.2. The Discount Coupons scheme allows you to:• identify and register for Discount Coupons schemes;
• view your transaction history with Partner;
• monitor and track your collection of discount points, tokens or rewardsbalances with each Partner (“Discount Coupons”);
• redeem Discount Coupons with Partner; and
• be kept up to date with the latest offers, discounts, promotions, andincentives run by Partner.
Information about when the Discount Coupons will be available after sending theItem(s) to charity or upcycling will be displayed in the app. Once the accessto the Discount Coupons has been granted, the User can use as many of them athis or her discretion subject to the applicable conditions.
11.3. For each activity that is rewarded with Discount Coupons, the Users willbe guided throughout the process and given guidelines on volume/weight/contentin app.11.4. Once your Discount Coupons are available, you have 10days to access and download the coupon codes.11.5. Your Discount Coupons will be available thirty minutesafter you have left your box or bag at a drop off point or your parcel has beenpicked up by the delivery or courier service provider.11.6. Once your Discount Coupons have been issued, they willbe available in your Yellow Octopus AI Wardrobe Assistant Account. We may alsosend them to the email address you provided at the moment of Account creationas part of the transactional email sent to confirm your order.11.7. You can redeem your Discount Coupons on the Partner’sofficial website within Yellow Octopus AI Wardrobe Assistant (through YellowOctopus AI Wardrobe Assistant browser) or outside Yellow Octopus AI Wardrobe Assistanton the Partner’s website. Each coupon has its own Terms and Conditions whichare available in the Coupon’s description on the app.12. SHIPPING CONDITIONS FOR TRANSACTIONS BETWEEN USERS ANDFOR DONATION AND UPCYCLING.12.1. The User selling, swapping, donating, or upcycling anItem is responsible for the shipment of the Item to the Buyer, the charity, theupcycling Partner or any other recipient as applicable and for the generationof the shipping label.12.2. Yellow Octopus AI Wardrobe Assistant shall not beresponsible for any local customs charges, import taxes or duties or anysimilar charge(s) incurred through the carriage and/or delivery of anyshipments.12.3. Packaging guidelines will be provided in app. Once youhave chosen the courier, the requirements on the package size and weight willbe provided.12.4. Some charities may offer to Yellow Octopus AI WardrobeAssistant Users free postage as gratitude for donation. Please check theinformation provided about each charity to confirm whether this applies. Eachcharity may use its own parcel delivery and courier service provider.Accordingly, the parcel will need to be delivered pursuant to each provider’sapplicable terms.12.5. Yellow Octopus AI Wardrobe Assistant may partner withparcel delivery and courier service providers with the aim to offer its Usersthe services of third party service providers specialising in transport anddelivery. In such a case:12.5.1. When the User chooses the Hermes shipping service, ashipping label is automatically sent to the User, which must be used for theshipment of the Item to the Buyer, the charity, or the upcycling Partner asapplicable. As part of this service, Hermes general terms andconditions  are applicable and they will process your personal informationin line with their Privacy Policy [www.myhermes.co.uk/privacy-policy]12.5.2. When the User chooses the ASDA to You shippingservice, a shipping label is automatically sent to the User, which must be usedfor the shipment of the Item to the Buyer, the charity or the upcycling Partneras applicable. As part of this service, ‘Asda to You’ general terms andconditions are applicable and they will process your personal information inline with their Privacy Policy.12.5.3. When the User chooses Collect+, only available forcharities, a shipping label is automatically sent to the User, which must beused for the shipment of the Item to the charity. As part of this service,‘Collect+’ general terms and conditions are applicable and they will processyour personal information in line with their Privacy Policy.12.5.4. Where Yellow Octopus AI Wardrobe Assistant partnerswith other delivery and courier service providers, each provider own terms andconditions and privacy policy will apply.12.5.5. Shipping costs will be provided in app when theavailable shipping options are displayed.12.5.6. Each courier service provider’s Terms and Conditionsapply in case of unsuccessful delivery. 13. SHIPPING CONDITIONS FOR TRANSACTIONS BETWEEN USERS ANDPARTNER13.1. Except as otherwise provided, transactions betweenUsers and Partner are governed by each Partner own terms. Users must readcarefully the Partner Terms and Conditions and Privacy Policy before completingany Transaction with them.
14. RETURNS
14.1. ZigZag and Rebound Returns pages will be open within Yellow Octopus AIWardrobe Assistant to complete returns. Yellow Octopus AI Wardrobe Assistant isnot involved in this process and ZigZag and Rebound Returns terms andconditions apply.
14.2. Returns are not available for Items donated or upcycled.
14.3. Conditions for shipping return to a Partner are defined by each Partner.However, instead of sending to the Partner back those Items the User wishes toreturn, Yellow Octopus AI Wardrobe Assistant encourages its Users to beeco-friendly and save CO2 by reselling the Items instead of returning them. Ifthe Item is sold, Users will receive a refund of the price paid for the Itemand an extra discount for the next purchase. In case the Item was not sold,Users can use the traditional returns procedure defined by each Partner.
14.4. Some Partnermay offer free returns.
15. BUYER PROTECTION15.1. We have created a chat for the purpose of helpingUsers to resolve ongoing disputes between them. Payment will remain on hold ifsuch a claim regarding a specific purchase is submitted until furtheragreement between the two parties is established.
15.2. Yellow Octopus AI Wardrobe Assistant shall not be liable for any issuesarising from Transactions. Please see Section 27 for further information aboutlimitation of liability.16. USER CONTENT16.1. If you upload content to the Services (“UserContent”), you will be solely responsible for that Content. You agree not tosubmit any content that:• Infringes any intellectual property rights;
• is in breach of confidence or privacy;
• is false, misleading, defamatory, discriminatory, threatening or offensive;
• is likely to cause someone anxiety or distress;
• encourages violence or racial or religious hatred;
• encourages or teaches conduct that is a criminal offence;
• gives rise to civil liability; or
• is otherwise unlawful.16.2. You retain all of your ownership rights in any UserContent you upload to the Services, but by uploading content to the Services,you automatically grant, and you represent and warrant that you have the rightto grant, to us a worldwide, non-exclusive, royalty-free, irrevocable andperpetual licence to use, copy, reproduce, distribute, adapt, re-format,modify, publish, translate, licence, sub-licence, assign, transfer and exploitthe User Content (including any Intellectual Property Rights therein) anywhereand in any form for the purposes of providing our Service or for any purpose inconnection with the operation of our business.16.3. Our right to use your User Content does not in any wayaffect your privacy rights and we will only use your personal information inline with our Privacy Policy as further detailed in Section 23 below.16.4. We will not be responsible, or liable to any thirdparty, for the content or accuracy of any User Content posted by you or anyother user of the Services.16.5. We do not check or moderate any User Content before itis added to the Service by Users. We may later check, moderate, any UserContent. We reserve the right to remove any Content you post on the Service if,in our opinion, your post does not comply with these Terms and Conditions.Please also see section 16 below: “Interaction and messages”.16.6. Upon request of the Users or at Yellow Octopus AIWardrobe Assistant sole discretion, Yellow Octopus AI Wardrobe Assistant isauthorised to withdraw from the Services any User Content that violate theseTerms and Conditions or the rights of other Users. User Content removed fromthe Service may continue to be stored by us, including, without limitation, inorder to comply with certain legal obligations.16.7. After having identified the User who has not respectedthe above rules applying to User Content, we reserve the right to suspend theUse of the Services to the User concerned in full or in part or to take anyother action we deem appropriate, in accordance with sections 18.4 and 21.3below.16.8. The views expressed by other users on the Services donot represent our views or values.17. INTERACTION AND MESSAGES17.1. Users can share information about Items sold, bought,swapped, recycled, upcycled, post publications about styling ideas and exchangefeedback among them by reviewing and commenting other Users’ styling ideas andpublications. Users can interact with other Users regardless there is anexisting Transaction between them or not, depending on the privacy settings setby the each User.17.2. Users can also exchange private messages among themfor the purpose of sharing information about the Items available for resellingor swapping.17.3. Users can create their own wish list based on theItems they like from Partner, Partner portfolio or from other Users, such asfriends’. The wish list is not intended to and shall not be deemed toconstitute a guarantee by Yellow Octopus AI Wardrobe Assistant or the Users,Partner or any other agent involved of the availability of the Item or itsprice at the moment when the User complete the Transaction. Notifications aboutthe Items added to the User’s wish list may be sent in-app or by other means suchus email or text message for the purpose of providing the Users withinformation they need about those Items, for example in relation to theiravailability or the price of the Item.17.4. Users can set up alerts based on Items they like. Thealerts are not intended to and shall not be deemed to constitute a guarantee byYellow Octopus AI Wardrobe Assistant or the Users, Partner or any other agentinvolved of the availability of an Item which matches the alert. Notificationsabout Items matching the alert set up by the User may be sent in-app or byother means such us email or text message for the purpose of providing theUsers with information they need about those Items, for example in relation totheir availability or the price.17.5. Users can invite other friends to Yellow Octopus AIWardrobe Assistant through the feature “Invite friends”. By using this featureyou can send a text message or an email to any contact in the address book ofyour device inviting them to join Yellow Octopus AI Wardrobe Assistant. Anycommunication sent by these means is sent at the User own discretion and fromthe User’s mobile phone or email address directly and does not qualify asmarketing sent by Yellow Octopus AI Wardrobe Assistant under any circumstance.17.6. No compensation is given to Users in exchange fortheir reviews and comments on the Services.17.7. Any interaction among Users must always be fair andhonest.17.8. When exchanging comments, feedback or private messageswith other Users, Users cannot do any of the following under any circumstance:• Send messages or information that feature advertising;
• Send spam or content spreading viruses or worms;
• Send mass mailing messages of any other kind whatsoever (when a message issent to more than five Users or when the same message is copied and sent toUsers who have not asked to receive them);
• Send messages containing texts contrary to good moral standards and publicorder, inappropriate, insulting or defamatory messages or those otherwiseregarded as incompatible with these Terms and Conditions and the interests ofUsers;
• Send messages of an unlawful nature or otherwise attempting to cause harm toother Users and/or the Site;
• Send messages that may qualify as harassment of any kind whatsoever17.9. Yellow Octopus AI Wardrobe Assistant does not review,check, or moderate any feedback, comments or private messages beforepublication or delivery. We may later check, moderate, reject, refuse or deleteany feedback and comments which we think break these Terms and Conditions.17.10. Where feedback, comments or private messages areinappropriate or abusive or in any case breach these Terms and Conditions,Users are entitled to report it to Yellow Octopus AI Wardrobe Assistantat privacy@yellow-octopus.app  Upon request of the Users or at YellowOctopus AI Wardrobe Assistant sole discretion, Yellow Octopus AI Wardrobe Assistantis authorised to withdraw from the Services any feedback, comments or privatemessages that violate these Terms and Conditions or the rights of other Users.17.11. After having identified the User who has notrespected the above rules applying to interaction among Users, we reserve theright to suspend the Use of the Services to the User concerned in full or inpart or to take any other action we deem appropriate, in accordance withsections 18.4 and 21.3 below.17.12. The views expressed by other users on the Services donot represent our views or values. 18. UNAUTHORISED ACTIVITIES18.1. Our Service may be used and accessed for lawfulpurposes only. You agree that you will not do any of the following while usingor accessing the Service:• access or tamper with the Services, or try to gainunauthorised access to the Services computer systems, or the technicaldelivery systems of our service providers;
• knowingly introduce viruses, trojans, worms, logic bombs or other materialwhich is malicious or technologically harmful;
• gather and use information, such as user names, real names, email addresseswithout being allowed to do it or transmit any unsolicited advertising, junkmail, spam or other form of solicitation;
• use the Service in any manner not authorised by these Terms and Conditions;
• use any robot, spider, scraper, deep link or other similar automated datagathering or extraction tools, program, algorithm or methodology to access,acquire, copy or monitor the Service or any portion of the Service, without theour permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.18.2. Additionally, the following activities are prohibitedand constitute a violation of these Terms and Conditions:• Providing fraudulent or false information;
• adding or spreading content that is racist, xenophobic, pornographic,supportive of terrorism or that infringes human rights;
• spreading, communicating or making available to third parties any kind ofinformation, element or content against the fundamental rights;
• spreading, communicating or making available to third parties any kind ofinformation, element or content that constitutes unlawful or unfairadvertising;
• sharing other Users or third party personal data without being allowed to doit;
• unlawfully accessing, publishing or otherwise using the personal informationof other Users or third parties;
• impersonating other Users or third party.
• submitting or contributing any User Content without the permission of thecontent owner, or otherwise infringe the intellectual property, copyright,trademark or other rights of third parties;
• tampering with security we implement to protect our Services;
• Partnerpurchase or sell an Item by making direct arrangements with the Buyeror the Seller to use a payment method other than PayPal or Stripe;
• reselling Discount Rewards and offers, discounts, targeted promotions orother information;
• attempting to use Discount Rewards and offers, discounts, targeted promotionsor other information more than once;
• creating reviews of Transactions not carried out;
• making or implying any statements you make are made or endorsed by us;
• intentionally overwhelming our servers with excessive demand; and
• adding any hyperlinks to our Services without our written consent.18.3. We reserve the right to investigate and prosecuteviolations of any of the above and/or involve and cooperate with lawenforcement authorities in prosecuting users who violate these Terms andConditions. During such investigation we may temporarily withdraw your right touse the Services or remove User Content without notice to you.18.4. Any of the activities described above constitutes aserious breach of these Terms and Conditions and we may take any of thefollowing actions with or without notice and entirely at our discretion:• Temporarily or permanently suspend your Account andwithdraw your right to use the Services;
• temporarily or permanently remove your User Content; and
• take legal action against you.18.5. The actions described above are not limited and we maytake any other action we reasonably deem appropriate.19. ADVERTISEMENT ON THE SERVICESWe and our selected business partners and Partner maydisplay advertising to you through the Service. This advertising may be basedon your User Content or other information available through the Service, suchas your activities, behaviour and interaction with our Services. We may useadvertising cookies for this purpose. We will only use your personalinformation in line with the GDPR, the UK GDPR and the ePrivacy Directive andas set out in our Privacy Policy.20. VARIATION OF OR SUSPENSION OF THE SERVICEAlthough it is our intention that the Service is availableas much as possible, there may be occasions when the Service may beinterrupted, including for scheduled maintenance, upgrades and emergencyrepairs, or due to failure of telecommunication links and/or equipment. Wereserve the right to change or discontinue, temporarily or permanently, theService at any time without notice. We shall not be liable to you or any thirdparty for any modification or discontinuance of the Service.21. DEACTIVATION, CANCELLATION OR SUSPENSION OF YOUR ACCOUNT21.1. You may temporarily deactivate your Account at anytime by contacting us by email at myaccount@digitalwardrobe.com or bycontacting our support service On deactivation, neither your Account nor youraccount details containing your personal information will be deleted from oursystems. You will still be able to reactivate your account within three monthsafter deactivation. After 3 months deactivated accounts may be subject toautomatic deletion. Please note that your Account will not be deactivated bydeleting the App alone.21.2. You may delete your Account at any time in app orby contacting us by email at privacy@yellow-octopus.app or by contacting oursupport service. You need to email us from the email associated with your YellowOctopus AI Wardrobe Assistant account and include your username in the message,along with your request to delete the account. Requests may take up to sevendays to be processed. After deleting your account you will have 30 days torestore your account before all information is permanently deleted, unlessotherwise required in line with the data protection framework and our PrivacyPolicy. However, you should note that even if your Account is deleted, some ofyour data may persist and appear within the Services, for example where yourUser Content has been re-shared by other Users. Please note that your accountdetails will not be deleted by deleting the App alone.21.3. We may at any time suspend your use of the Service onreasonable grounds which relate to:• the security of the Services including the suspectedunauthorised or fraudulent use of the Services;
• we believe it is required by law (for example, where the provision of theServices to you is, or becomes, unlawful); and/or
• your use the Services in contravention of any reasonable instructions givenby us or in breach of these Terms and Conditions.21.4. We will normally give advance notice (by email) to youif your Account is going to be suspended, where we will explain the reasons forsuch action, except where doing it would compromise reasonable securitymeasures or if it is unlawful to do so.21.5. Accounts that remain inactive for more than 6 monthsmay be subject to automatic deletion. Once your account is deleted, you will nolonger be able to access your Account or any User Content you have submitted tothe Services.21.6. If you or Yellow Octopus AI Wardrobe Assistant endyour use of the Services or we withdraw the Service as described in thisclause, we will not be liable to you or to any third party for the suspensionor termination of your Account or your access or use of the Services. You willalso lose any rights you have to use the Service or access our content or yourUser Content. We will not offer you compensation for any losses.22. INTELLECTUAL PROPERTY22.1. We are the owner or the licensee of all IntellectualProperty Rights (including copyright, trademarks and database rights), in andto our Services. The contents on our Services, meaning, by way of example butnot limited to, the texts, photographs, graphics, images, icons, technology,software, databases and other audio-visual or sound content, as well as itsgraphic design and source code, including their “look and feel” and thedistinctive brand features are protected by worldwide copyright laws andtreaties. All such rights are reserved by us.22.2. We give you permission to use the materials andcontent comprising the Services for the sole purpose of using the Services inaccordance with these Terms and Conditions. No other use is permitted withoutprior written consent from us.22.3. The trademarks, service marks, and logos of YellowOctopus AI Wardrobe Assistant used and displayed on the Services are registeredand unregistered trademarks or service marks of Yellow Octopus AI Wardrobe Assistant.Other company, product and service names located on our Services may betrademarks or service marks owned by others. Nothing on our Services should beconstrued as granting, by implication, estoppel, or otherwise, any licence orright to use the trademarks, without our prior written permission specific foreach such use. Use of the Trademarks as part of a link to or from any site isprohibited unless establishment of such a link is approved in advance by us inwriting. All goodwill generated from the use of the Yellow Octopus AI Wardrobe Assistanttrademarks inures to our benefit.23. DATA PROTECTION23.1. We will only process your personal data in accordancewith the GDPR, the UK GDPR and any other applicable data protection laws.23.2. These Terms and Conditions should be read alongsideour Privacy Policy, please read it for full information about how we processyour personal data, including the categories of data processed, the purposes ofprocessing, your rights and other relevant information.24. LINKS TO THIRD-PARTY WEBSITES24.1. Our Site or App may contain links to websites and/orapps of Partner and other third parties (“Third Party Sites”). We do notendorse the Partner, companies or contents of any Third Party Site, or theproducts, goods or services offered via any Third Party Site (“Third PartyServices”).24.2. Third Party Sites have not been verified or reviewedby us. Your access and use of any Third Party Site, including any purchase ofThird Party Services you make from a Third Party Site, is entirely at your ownrisk and discretion and subject to the terms and conditions and privacypolicies of that Third Party Site.  We expressly disclaim any liabilityrelated to your use of any Third Party Sites or Third Party Service.25. INDEMNIFICATION25.1. You agree to indemnify us and our service providersand keep us and our service providers indemnified from any and all third partyclaims, liability, damages, expenses and costs (including, but not limited to,reasonable lawyers’ fees) arising out of or attributable to any misuse by youof the Service, your violation of these Terms and Conditions or yourinfringement of any intellectual property or other right of anyone.25.2. Where we decide to conduct the defence of such claim,you agree to assist us as reasonably requested.26. DISCLAIMER OF WARRANTIES26.1. Your use of Service and all information, products andother content (including that of third parties) included in or accessible fromthe Service is at your sole risk. The Service is provided on an “as is” and “asavailable” basis. We expressly disclaim all warranties of any kind as to theService and all information, products and other content (including that ofthird parties) included in or accessible from the Service, whether express orimplied.26.2. We and our service providers make no warranty that:• the Service will meet your requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Service will beaccurate, reliable or completely up to date;
• the quality of any products, services, information, or other materialobtained by you through the Service will meet your expectations; or
• any errors in the technology will be corrected.26.3. Any material downloaded or otherwise obtained throughthe use of the Service is done at your own discretion and risk and you aresolely responsible for any damage to your computer system or loss of data thatresults from the download of any such material. No advice or information,whether oral or written, obtained by you from us through or from the Servicewill create any warranty not expressly stated in these terms.26.4. Your use of Third Party Services shall be subject tothe terms and conditions and privacy policy of the relevant Partner or thirdparty and it is your responsibility to review and understand the terms andconditions and privacy policy that apply to your use of such Third PartyServices. You acknowledge and agree that we are not responsible for theperformance of Third Party Services.27. LIMITATION OF LIABILITY27.1. Nothing in these Terms excludes or limits ourliability for death or personal injury arising from our negligence, or ourfraud or fraudulent misrepresentation, or any other liability that cannot beexcluded or limited by English law.27.2. To the extent permitted by law, we exclude allconditions, warranties, representations or other terms which may apply to ourServices or any content on it, whether express or implied.27.3. We will not be liable to any user for any loss ordamage, whether in contract, tort (including negligence), breach of statutoryduty, or otherwise, even if foreseeable, arising under or in connection with:• use of, or inability to use, our Services; or
• use of or reliance on any content displayed on our Services.27.4. Please note that we have no liability to you for anyloss of profit, loss of business, business interruption, loss of anticipatedsavings, or any indirect or consequential loss or damage.27.5. We will not be liable for any loss or damage caused bya virus, distributed denial-of-service attack, or other technologically harmfulmaterial that may infect your computer equipment, computer programs, data orother proprietary material due to your use of our Services to your downloadingof any content on it, or on any website linked to it.27.6. We assume no responsibility for the content ofwebsites linked on our Services. Such links should not be interpreted asendorsement by us of those linked websites. We will not be liable for any lossor damage that may arise from your use of them.27.7. We are not responsible for any action or inaction ofUsers, or content provided by Users including, without limitation:• the descriptions, information or photos of Items,including their accuracy and completeness;
• the quality, legality or safety of the Items;
• the delivery of the Items;
• the availability of the Items;
• the Seller’s title to the Items; or
• any Seller’s or Buyer’s right and ability to complete such Transaction.28. VALIDITY OF THESE TERMS AND CONDITIONSIf any part or provision of these Terms and Conditions isfound to be unlawful or unenforceable, this shall not affect the validity ofany other part or provision.29. WAIVEROur failure or delay in enforcing or exercising any right,provision power or privilege under these Terms and Conditions will not operateas a waiver of such right, and any single or partial exercise of any such rightwill not preclude any other or further exercise of such right or the exerciseof any other right, power or privilege.30. APPLICABLE LAWThese Terms and Conditions, their subject matter and theirformation (and any non-contractual disputes or claims) are governed by the lawof England and Wales. Any dispute arising out of or in connection with Theseterms and Conditions, including any question regarding its existence, validity,or termination, shall be referred to the courts of England and Wales.