Fashionomix – Terms of Service

Effective date: May 4, 2025

1. Imprint / Service Provider

2. Scope and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Fashionomix website, mobile applications, browser extensions and any related services (collectively, the "Service").

By registering for and using the Service you confirm that you are at least 18 years old and that you accept and will comply with these Terms and our Privacy Policy.

3. Changes to the Terms or the Service

We may update the Terms or modify / discontinue parts of the Service at any time. Revised Terms will be posted and, where legally required, notified to you by e mail or in app message. Continued use after the effective date constitutes acceptance of the changes.

4. Description of the Service

Fashionomix uses algorithmic style analysis to suggest outfits and link you to third party retailers where those items can be purchased.

5. Affiliate Links and Third Party Content

Some outbound links are affiliate links; Fashionomix may earn a commission if you purchase through them. Product availability, pricing and shipping are entirely controlled by the external retailer, not by Fashionomix. We do not endorse, guarantee, or assume responsibility for any third party sites, services or products.

6. Accounts and User Content

Except for the publicly accessible landing page, the Service is available only to registered users. To create an account, you must provide accurate information and keep your login credentials secure.

Content you upload (images, text, ratings, etc.) remains yours, but you grant Fashionomix a worldwide, non exclusive, royalty free license to store, process, display and analyze that content solely for operating and improving the Service.

You must not:

• violate any law or third party right;
• upload unlawful, defamatory or infringing content;
• interfere with or disrupt the Service or its security features;
• reverse engineer, decompile or attempt to extract the Service's source code.

7. No Fees — Beta Stage

The Service is free of charge during the current beta phase. We may introduce paid plans in the future, in which case we will present the applicable terms and obtain your prior consent.

8. Intellectual Property

The Service and all associated software, databases and graphics are protected by copyright and other intellectual property laws. Except for the limited right to use the Service under these Terms, no license or right is granted to you.

9. Early Access and Warranty Disclaimer (German § 312 i Abs. 2 Exception)

Fashionomix is currently in an early experimental ("beta") stage. The Service is supplied "as is" and "as available", without any guarantee of availability, accuracy or fitness for a particular purpose. Functions may change, be withdrawn at any time and data may be lost; please keep your own backups.

Within the limits of statutory consumer rights, no further warranty is provided.

10. Limitation of Liability

1. Unlimited liability: Fashionomix is liable without limitation for intent and gross negligence, for injuries to life, body or health and under the German Product Liability Act.

2. Ordinary negligence: In the event of slight negligence we are liable only for breach of an essential contractual duty ("cardinal duty"), and then only for foreseeable, typical damage.

3. Data loss: Liability for loss of data is limited to the typical recovery expenses that would have arisen if you had made regular backup copies appropriate to the risk.

4. No further liability: Any further liability is excluded. Mandatory consumer rights remain unaffected.

11. Indemnification

If you breach these Terms or violate a third party's rights and we consequently face a claim, you shall indemnify and hold Fashionomix harmless from and against all reasonable costs (including legal fees) arising from that claim, to the extent you are responsible.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access with immediate effect if you materially breach these Terms, if required by law, or if we discontinue the Service.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

• For consumers (Verbraucher) the mandatory statutory places of jurisdiction apply.
• For merchants and other business users (Kaufleute, § 14 BGB) the exclusive place of jurisdiction is Bayreuth, Germany.

14. Severability

If any provision of these Terms is held invalid, the remaining provisions remain in full force. An invalid clause shall be replaced by a valid provision that comes closest to the economic purpose of the invalid one.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fashionomix about the Service and supersede any prior agreements or understandings.

16. Contact

Questions or legal notices can be sent to admin@fashionomix.com or by post to Meysam Shaygan – Fashionomix, Donndorfer Straße 3, 95447 Bayreuth, Germany.

Last updated: May 4, 2025