Our Terms
& Policies

Terms & Conditions

Effective: April 8, 2024

Welcome to Tailorie! Before you start using our service, please take some time to review the following terms and conditions carefully.

IMPORTANT: THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. WE URGE YOU TO REVIEW THEM CAREFULLY.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://tailorie.com website and the Tailorie Mobile App mobile application (the “Service”) operated by Tailorie Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Governing Law and Severability

These Terms of Service shall be governed by and construed solely and exclusively in accordance with the laws of the State of North Dakota, USA, without giving effect to any law that would result in the application of the law of another jurisdiction.

These Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Tailorie regarding the use of the Service.

If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Copyright Policy

If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of these Terms of Service below.

Overview:

Application and Acceptance of the Terms of Use:

Each time you access or use the Service, you agree to be bound by the Terms of Use along with our Privacy Policy and any additional guidelines, terms, procedures, or rules that may apply to specific features of the Service owned or operated by Tailorie Inc. (“we”, “us”, “our” or “Tailorie”).

You acknowledge that we will use information we obtain about you in connection with your access to and use of the Service in accordance with our Privacy Policy.

If you elect to participate in any features or services offered by Tailorie, you acknowledge that you are agreeing to the relevant terms and conditions associated with those features or services.

Your Responsibilities:

You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Service.

You are solely responsible for any content you provide to us.

You are responsible for your conduct in relation to the Service, and your access to or use of the Service and its content is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Service” below.

Intellectual and Other Proprietary Rights:

Your access and use of the Service and its content are for personal and noncommercial purposes only.

As between Tailorie and you, Tailorie owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Service and its content except, if applicable, with respect to your User Content.

You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Service (including any code used in any software) or its content, whether or not for profit.

If we become aware that any of our users have infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Service. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.

Release, Indemnity, Disclaimers and Limitation of Liability:

You agree to indemnify and hold Tailorie (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service or its content, (b) your User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations.

Tailorie disclaims any warranties and provides the Service “as is”.

Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties:

Tailorie is not responsible for any links to third-party websites, apps, or other services, including social media platforms.

Termination:

Tailorie may, in its sole discretion, terminate your account, access to or use of the Service, or remove and discard any User Content or information stored, sent, or received via the Service without prior notice and for any reason or no reason.

Changes to the Terms of Use:

We may revise the Terms of Use prospectively by posting an updated version on the Service.

Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.

Consumer Terms of Service

Application and Acceptance of this Agreement

These Terms of Service, along with our Privacy Policy and any additional guidelines, terms, procedures, or rules that may apply to specific features of the Service owned or operated by Tailorie Inc. (“we”, “us”, “our” or “Tailorie”), constitute a contract in electronic form between you (“you,” “your,” and “yourself”) and Tailorie (the “Agreement”). This Agreement sets forth the legally binding terms governing your access and use of the Service. This Agreement applies to Tailorie and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products, or services on the Service or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Service or any Content (as defined below).

The Service and Content are for general information, discussion, and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available through or in connection with the Service. We make no representations or guarantees about any aspect of the Service and Content and do not endorse any opinions expressed by any users. THE SERVICE AND ALL CONTENT ARE PUBLISHED “AS IS,” AND YOUR USE OR RELIANCE ON THE SERVICE OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE SERVICE OR ANY CONTENT.

Privacy Policy

In connection with your access to or use of the Service, we may obtain information from or about you. We will use your information in accordance with our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into this Agreement and forms part of the Agreement.

Accuracy of Your Information

The information you submit to us through the Service, including as part of your account creation, registration, or membership, must be truthful, accurate, and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate, or current, we have the right to terminate, suspend, or refuse you access to the Service.

Age Eligibility and Legal Capacity

The Service is not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use the Service or provide information to us.

By accessing or using the Service, you represent that you have the legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Service; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Service.

Username, Password, and Other Credentials

You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you may be asked to create to access the Service or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Tailorie of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

Intellectual and Other Proprietary Rights

Your access and use of the Service and Content are for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:

The Service includes Content that is derived in whole or in part from content or materials supplied and owned by Tailorie, Tailorie’s licensors, or third parties. As between Tailorie and you, Tailorie owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Service and Content except, if applicable, with respect to your User Content (as defined below).

You acknowledge Tailorie’s valid intellectual and proprietary property rights in the Service and Content and that your use of the Service is limited to accessing, viewing, and downloading the Service and Content, as authorized by Tailorie. Nothing in this Agreement shall be deemed to convey to you any right, title, or interest in such intellectual and proprietary property rights or to the Service or Content, or to any portion thereof, except for the limited rights expressly granted herein.

You may not either directly or through the use of any computer, tablet, phone, or other device (each a “Device”) or other means (including the use of a browser, software, program, or code), remove, alter, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Service or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Service or Content. You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service (including any code used in any software) or Content.

You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Service or Content unless expressly permitted by Tailorie in writing. You may not incorporate the Service or Content into, or stream or retransmit the Service or Content via, any hardware or software application or make the Service or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Service or Content with any third-party content, materials, or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate the Service, Content, or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Service or its servers and infrastructures.

You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Service (including any code used in any software) or Content, whether or not for profit.

To the extent we make the Service or Content available to you via a widget, embedded player, or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.

You are prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to view the Service or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

Any future release, update, or other addition to functionality of the Service or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Service content or materials must be retained on all copies thereof. Modification or use of the Service (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.

If you provide Tailorie any feedback or suggestions for improving or regarding your use of the Service (“Feedback“), you hereby assign to Tailorie all rights in the Feedback and agree that Tailorie shall have the right to use such Feedback and related information in any manner it deems appropriate. Tailorie will treat any Feedback you provide to Tailorie as non-confidential and non-proprietary. You agree that you will not submit to Tailorie any information or ideas that you consider to be confidential or proprietary.

User Content

“User Content“ means any and all information and content that a user submits to, or uses with, the Service (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Tailorie. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Tailorie be liable for any inaccuracy or defect in any User Content.

License Grant: By submitting User Content to the Service, you grant Tailorie an irrevocable, nonexclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content for the purposes of operating, promoting, and improving our services. This license allows us to provide users with a seamless and engaging platform experience. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Responsibility and Indemnification: You acknowledge and agree that you are solely responsible for the User Content you submit or make available on the Service. You agree to indemnify and hold Tailorie, Inc. harmless from any claims, damages, or liabilities arising from your User Content, including infringement of third-party rights or violation of laws or regulations.

Monitoring and Moderation: Tailorie reserves the right to monitor, review, and moderate User Content to ensure compliance with our community guidelines, terms of service, and applicable laws. We may take action, including removal of content, in our sole discretion, if content violates our policies or poses a risk to the integrity of our platform. You acknowledge that other users may post comments about your User Content which may be derogatory, and Tailorie has no obligation to monitor or delete any such User Content. Tailorie may remove or modify any User Content without notice or liability at any time in Tailorie’s sole discretion.

Acceptance of Gifted Products from Brand Partners: In addition to user-generated content, Tailorie may facilitate collaborations between users and brand partners, where users receive gifted products or samples from participating brands. By accepting and using gifted products from brand partners, users agree to the following terms:

License Grant to Brand Partners: Users grant the brand providing the gifted product a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content created using the gifted product. This license allows brands to showcase user-generated content featuring their products for promotional and marketing purposes.

User Consent: By accepting gifted products from brand partners, users consent to the use of their content by the respective brand for promotional and marketing activities related to the gifted product. Users acknowledge that their content may be shared by the brand on various channels, including but not limited to social media, websites, and marketing materials.

Indemnification: Users are responsible for ensuring that any content created using gifted products complies with applicable laws, regulations, and community guidelines. Users agree to indemnify and hold Tailorie, Inc. and the brand providing the gifted product harmless from any claims, damages, or liabilities arising from their content.

User Controls: Users retain control over the visibility and accessibility of content created using gifted products on Tailorie. Users may adjust privacy settings and delete or remove content from their profile as desired. However, users acknowledge that content shared publicly may be accessed and used by the brand providing the gifted product in accordance with the granted license.

By accepting gifted products from brand partners, users acknowledge and agree to the terms outlined in this section.

User Submissions

Unsolicited Submissions

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user-generated submission, and may use your name and any stories you provide us in articles or other features published on the Service or in our publications, advertising, or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Tailorie can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Service or our publications, advertising, or sponsored content.

Solicited Submissions

From time to time, the Service may expressly request your participation in product sampling and testing programs and in the conduct of surveys (“Solicited Submissions“). By participating in such programs or surveys, you agree that any material you submit to us, including feedback, reviews, or other content, may be used by Tailorie for various purposes, including but not limited to publication on the Service, in our publications, advertising, or sponsored content. Please note that any material you submit in response to such requests will not be treated as confidential. Regardless of any industry custom or practice, we are not required to pay you for the use of any content that you submit through the Service.

Enforcement

If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Service to any person or entity and changing eligibility requirements at any time.

If we become aware that any of our users have repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Service. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Service (including any user account, registration, or membership), legal action and/or reporting you to law enforcement authorities. If Tailorie elects to modify User Content, Tailorie nonetheless assumes no responsibility for the User Content.

Tailorie reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings, or emails you make on or send through the Service. Tailorie may seek to gather information from the user who is suspected of violating this Agreement and from any other user. Tailorie may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Tailorie believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Tailorie may cooperate with law enforcement authorities or court order requesting or directing Tailorie to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TAILORIE (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TAILORIE (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TAILORIE OR LAW ENFORCEMENT AUTHORITIES.

Your Conduct and Responsible Use of the Digital Services

When using the Digital Services provided by Tailorie, it is imperative to act responsibly. By accessing or using our Digital Services and Content, you agree to abide by the following rules:

No Criminal or Unlawful Conduct: Users are obligated to utilize the Digital Services and Content solely for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and any obligations or restrictions imposed by third parties. Users shall refrain from encouraging conduct that may constitute a criminal offense or give rise to civil liability.

Your Materials Must be Lawful and Appropriate: Users must not store, upload, post, transmit, or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy, or otherwise inappropriate User Content or material. This includes content that is harmful to minors in any way or that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability. Users acknowledge that storing, distributing, or transmitting unlawful User Content or material may result in criminal and/or civil liability.

Content Posted by You Must be Yours: Users shall not store, upload, post, transmit, or otherwise distribute or facilitate the distribution of User Content, material, or information that is fraudulent or infringes upon the rights of any third party, including, but not limited to, patent, trademark, copyright, right of publicity, or other proprietary rights. Users are responsible for verifying the lawfulness of their User Content and agree to bear the burden of establishing its legality if challenged by a third party.

No Collection of Personal Information from Others: Users may not collect, harvest, gather, assemble, or store personal information about other users of the Digital Services without their explicit consent. Furthermore, users must not use such information to transmit unauthorized or unsolicited advertising, junk or bulk email, chain letters, or engage in any other form of unauthorized solicitation. Activities such as spamming or mailbombing are strictly prohibited.

No Bullying, Impersonation, or Interference: Users are prohibited from using the Digital Services to threaten, abuse, harass, or invade the privacy of any other user or third party. Impersonating any person or entity or misrepresenting professional or other affiliations is strictly prohibited. Users must not restrict, inhibit, or interfere with any other user or third party from using or enjoying the Digital Services.

No System Abuse: Users must not upload, post, or otherwise distribute or facilitate the distribution of any software virus or other computer code designed to disrupt, damage, or limit the functioning of the Digital Services or any other online services. Interfering with servers or networks connected to the Digital Services is strictly prohibited.

No Violations of Security Systems: Users are prohibited from using the Digital Services to compromise security, tamper with, or gain unauthorized access to the Digital Services, Content, online accounts, or any other computer systems, resources, or networks. Distribution or use of tools designed for compromising security is strictly prohibited.

We reserve the right to take appropriate action, including suspension or termination of access to the Digital Services, upon becoming aware of any violation of these rules.

Availability of and Modification to the Digital Services and Content

Tailorie does not guarantee the availability of the Digital Services or any Content provided therein. We reserve the right to change, modify, edit, suspend, discontinue, or otherwise manipulate the Digital Services, Content, or any part thereof at any time with or without notice. Users acknowledge that Tailorie shall not be liable for any modification, suspension, or discontinuance of the Digital Services or Content.

Release

In the event of a dispute with other users of the Digital Services, users release Tailorie (and its affiliates, officers, directors, employees, contractors, and agents) from any claims, liabilities, costs, expenses, or damages arising out of or in connection with such disputes. Users expressly waive any protections to the extent permitted by law.

Indemnity

Users agree to indemnify and hold Tailorie (and its affiliates, officers, directors, employees, contractors, and agents) harmless from any claims or demands made by third parties due to or arising out of the user’s use of the Digital Services or Content, User Content, violation of this Agreement, or violation of applicable laws or regulations. Tailorie reserves the right to assume the exclusive defense of any matter subject to indemnification by the user.

Disclaimers

The Digital Services are provided on an “as-is” and “as-available” basis, and Tailorie (and its service providers) expressly disclaim any warranties or conditions, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Tailorie (and its service providers) make no warranty regarding the availability, accuracy, reliability, or safety of the Digital Services or Content. Users acknowledge and accept the inherent risks associated with internet transmission and use of the Digital Services.

Limitation of Liability

In no event shall Tailorie (or its affiliates, officers, directors, employees, contractors, and agents) or its service providers be liable to users or any third party for any loss or damages arising from or related to this Agreement or the use of the Digital Services, including but not limited to direct, indirect, punitive, incidental, consequential, or special damages. Tailorie’s liability is limited to the extent permitted by law.

Third-Party Services

The Digital Services may contain links to third-party websites, apps, or other services. Tailorie does not control Third-Party Services and assumes no responsibility for them. Users access Third-Party Services at their own risk, and the terms and policies of the respective third parties apply.

Affiliate Marketing

Tailorie participates in various affiliate marketing programs, which means we may earn commissions on products purchased through our affiliate links to retailer sites. Our participation in these programs does not influence the content featured on Tailorie, but it does support the services we offer. We aim to be transparent about our affiliate relationships, and we encourage users to contact us with any questions about our affiliations.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of North Dakota, without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be resolved exclusively through binding arbitration conducted by a single arbitrator in North Dakota. The decision of the arbitrator shall be final and binding upon both parties.

Waiver and Severability

Failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

This Agreement (including the Privacy Policy) constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

Assignment

Users may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Tailorie. Tailorie may freely assign or transfer this Agreement without restriction.

Changes to the Agreement

Tailorie reserves the right to modify, amend, or update this Agreement at any time without prior notice. Users are encouraged to review this Agreement periodically for changes. Continued use of the Digital Services after the posting of changes constitutes acceptance of the modified Agreement.

Dispute Resolution (Arbitration Clause and Class Action Waiver)

1.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Tailorie arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.

1.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TAILORIE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TAILORIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

No Waiver

No failure or delay by Tailorie in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

Governing Law

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of North Dakota, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

Notice to California Users

Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Copyright/Trademark Information

Copyright © 2024, Tailorie, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks“) displayed on the Digital Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Us

If you have any questions about this Agreement, please email us at support@tailorie.com.

Brand Partner Terms of Service

Effective Date: April 8, 2024
Welcome to Tailorie!

Tailorie, Inc. (“Tailorie,” “we,” “us,” or “our”) provides a dynamic platform designed to connect brands with their ideal consumer base through personalized engagement and data-driven insights. This Terms of Service Agreement (“Agreement”) governs your use of the Tailorie platform, including our website (https://tailorie.com), mobile application, and all related services (“Services”). By engaging with Tailorie, you (“Brand Partner”) agree to be bound by these terms, establishing a legal agreement between you and Tailorie Inc., a Delaware corporation (“Tailorie”, “we”, “us”, “our”).

By engaging with Tailorie’s Services, you accept these terms, forming a legally binding agreement between you and Tailorie. If you do not agree with any part of this Agreement, you should not use the Services.

Definitions

For the purposes of this Agreement, the following terms shall have the meanings specified:

Brand Partner: Refers to businesses or individuals engaging Tailorie’s Services for brand promotion, consumer engagement, and market research.

Services: Includes but is not limited to consumer matching, product sampling, analytics, and insights provided through the Tailorie platform.

Subscription: The period during which Brand Partners are granted access to Tailorie’s Services, subject to the terms of this Agreement.

Deliverables: All content, reports, and materials provided as part of the Services.

Confidential Information: Proprietary data, trade secrets, and sensitive information disclosed under this Agreement, excluding publicly available or independently developed information.

Intellectual Property Rights: Patents, trademarks, copyrights, trade secrets, and all other intellectual property rights related to the Services and Deliverables.

Description of Services

Tailorie offers a suite of services designed to connect brands with their ideal audience. Our platform utilizes advanced analytics and consumer behavior insights to match Brand Partners with target consumers for product sampling, feedback, and engagement. Services provided under this Agreement may include, but are not limited to:

Consumer matching based on detailed analytics.

Distribution of product samples to targeted consumer groups.

Collection and analysis of consumer feedback.

Market insights and data reporting to inform brand strategy.

Brand Partner Obligations

As a Brand Partner, you agree to:

Provide accurate and complete information about your brand and products.

Cooperate with Tailorie in all aspects of the Services, including timely provision of products for sampling.

Comply with all applicable laws and regulations related to your participation in the Services.

Designate a primary contact to manage your relationship with Tailorie.

Payment, Billing, and Subscription Terms

The Brand Partner agrees to pay all fees associated with their Subscription and any additional Services engaged. Specific fee structures and payment terms will be outlined in your invoice. Tailorie reserves the right to adjust pricing upon renewal or extension of Services, with prior notification to the Brand Partner.

Monthly Subscription: Upon completion of the initial invoice, Brand Partners are enrolled in Tailorie’s monthly subscription service. The invoice outlines the basic subscription details, including fees, commencement dates, and the number of units required for product distribution. These units refer to the number of products the brand is obligated to send out for product sampling or testing each month. This subscription will automatically renew each month, ensuring uninterrupted access to Tailorie’s Services.

7-Day Free Trial and Onboarding Period: Brand Partners are entitled to a 7-day free trial, offering full access to Tailorie’s Services. During this period, Brand Partners are expected to complete the onboarding process. Unless cancelled, the Subscription will transition to a paid model upon the trial’s conclusion.

Transition to Paid Subscription: Following the free trial, the Subscription will automatically renew monthly at the agreed-upon fee unless cancelled by the Brand Partner.

Automatic Renewal and Payment Processing: Subscription fees are automatically charged to the Brand Partner’s payment method on file. It is the Brand Partner’s responsibility to ensure that all payment information is current and accurate.

Obligation to Fulfill Product Distribution: A core component of the Tailorie service involves Brand Partners agreeing to send a specified number of products to consumers for feedback and engagement. Fulfilling this commitment is crucial for the success of the partnership and to maintain the integrity of our consumer engagement process.

Non-Compliance Fee: Brand Partners are obligated to fulfill their product distribution commitments as outlined in their initial invoice. Details regarding these commitments, including the number of units required, are provided in the invoice. Failure to meet these obligations will result in a non-compliance fee. The non-compliance fee is calculated as three times (3x) the monthly subscription fee at the time of the violation. This additional charge is in place to emphasize the importance of adherence to distribution commitments, which are crucial for maintaining the service’s integrity and ensuring a positive experience for consumers.

Authorization to Charge: By entering into this Agreement, Brand Partners authorize Tailorie to automatically charge the payment method on file for all applicable fees associated with their Subscription, including the monthly subscription fee, any additional charges for extra services, and any applicable non-compliance fees as outlined in the Non-Compliance Fee section of these Terms of Service. This authorization remains in effect for the duration of the Brand Partner’s Subscription and until all owed fees are fully paid.

In the event of a non-compliance fee, Brand Partners acknowledge and agree that Tailorie has the right to charge such fees directly to the payment method on file without requiring additional authorization. Brand Partners commit to maintaining up-to-date and valid payment information on file to facilitate uninterrupted payment processing.

Failed Payment Process: If a payment attempt is unsuccessful due to expired, insufficient funds, or otherwise invalid payment details, Tailorie will notify the Brand Partner and may suspend the Services until the payment issue is resolved. Continued failure to resolve payment issues may result in termination of the Subscription and additional charges related to collection efforts, including but not limited to collection agency fees, reasonable attorney’s fees, and court costs.

Brand Partners are responsible for ensuring their payment information is current and accurate to prevent service disruptions due to failed payment attempts. Tailorie reserves the right to take all necessary legal and collection actions to recover owed fees.

Renewal Process: Your Tailorie subscription automatically renews each month. We ensure uninterrupted access to our services by automatically processing the monthly subscription fee from your designated payment method. To maintain transparency and trust, any forthcoming changes to your subscription terms, including adjustments to fees, will be communicated to you at least 30 days before your next billing cycle.

Understanding Your Subscription Commitment and Cancellation Policy

At Tailorie, we strive to provide a flexible and supportive environment for all our Brand Partners. We understand that business needs can evolve, leading to changes in your subscription requirements. Here’s what you need to know about managing your subscription and what happens when you decide to cancel or continue your partnership with us:

Cancellation Terms: You have the flexibility to cancel your subscription at any time. To cancel, notify your Tailorie account representative at least 7 days before your next scheduled billing date to avoid further charges. Upon cancellation, you will continue to have access to your subscription until the end of your current billing cycle.

If a cancellation request is made on or after the first day of a new billing cycle, please be aware that the cancellation will only take effect at the end of the current cycle. This policy accounts for the resources already allocated to your brand’s promotion at the start of the cycle. We appreciate your understanding and cooperation in this matter.

Next Month’s Commitment: By continuing your subscription into a new billing cycle, you affirm your acceptance of the terms for the forthcoming month, including the fulfillment of product distribution obligations. Failure to meet these obligations may result in the application of a non-compliance fee, as detailed in our Terms of Service. This fee underscores the importance of commitment to the agreed-upon product distribution, crucial for maintaining the high standard of service and consumer engagement we promise to our users.

A Partnership Built on Mutual Commitment: Tailorie is committed to your brand’s growth and success. Your active participation and adherence to these terms are vital for a fruitful and ongoing partnership. By choosing to continue your subscription with Tailorie, you signify your understanding of and agreement with these terms, laying the foundation for a mutually beneficial collaboration.

We are here to support you every step of the way and are always available to discuss any aspect of your subscription or services to ensure your experience with Tailorie exceeds your expectations.

By engaging with Tailorie’s Services, Brand Partners acknowledge their acceptance of
these terms and commit to fulfilling their obligations under their specific Brand Partner Agreement. By agreeing to these Terms of Service, Brand Partners acknowledge their understanding of and agreement to this fee structure as part of their commitment to fulfilling their product distribution obligations.

Confidential Information

Protection of Confidential Information: Both parties recognize and agree that the Confidential Information to be disclosed under this Agreement is of substantial value. Both Tailorie and the Brand Partner commit to keeping this information confidential and to use it solely for the purposes of executing the Services outlined in this Agreement.

Exceptions: Confidential Information does not include information that (i) becomes generally available to the public without breach of this Agreement by the receiving party; (ii) was independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iii) is lawfully received from a third party without a duty of confidentiality.

Required Disclosure: If either party is required by law to disclose the Confidential Information, it must provide prompt notice to the other party to allow them to seek a protective order or other appropriate remedy.

Intellectual Property Rights and Content Licensing

Tailorie Ownership: Tailorie retains all rights, title, and interest in and to the Tailorie platform, including any software, applications, inventions, and other technology developed in connection with the Services, along with all intellectual property rights related to the foregoing. No licenses or rights are granted implicitly.

Brand Partner Content and Licensing: Brand Partners retain ownership over all text, images, videos, and other content they upload or provide to Tailorie for the purpose of using the Services (“Brand Content”). However, Brand Partners grant Tailorie a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Brand Content in connection with the Services provided by Tailorie. This license is solely for the purpose of operating, promoting, and improving our Services, and to develop new ones.

Public Profile and Promotional Use: By creating a public profile and uploading Brand Content to the Tailorie platform, Brand Partners allow Tailorie to publicly display and promote the Brand Content. Tailorie may also use the Brand Content for marketing and promotional activities related to the Tailorie platform, subject to the Brand Partner’s standard branding guidelines, as communicated to Tailorie.

Brand-Provided Content: Brand Partners retain ownership of all content, trademarks, logos, and other materials provided to Tailorie for the purpose of using the Services. By submitting such materials, Brand Partners grant Tailorie a worldwide, perpetual, irrevocable, royalty-free license to use, display, modify, and distribute these materials in connection with the provision of the Tailorie Services and related marketing activities.

Feedback and Improvements: Any feedback, comments, or suggestions Brand Partners may provide regarding Tailorie or the Services is entirely voluntary, and Tailorie will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to the Brand Partner. No compensation will be provided to Brand Partners for feedback or the resulting enhancements to the Tailorie Services.

Pre-Existing Intellectual Property: Except for the license granted herein, nothing in this Agreement shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Tailorie’s rights or interests therein or any other Tailorie intellectual property, proprietary rights, or technology, or Tailorie’s rights or interests therein.

Data Protection and Privacy
Tailorie is committed to protecting the privacy and security of personal data collected through the Services. All personal data is processed in accordance with applicable data protection laws, including GDPR and CCPA. Brand Partners agree to comply with all applicable data protection laws in their use of the Services and not use personal data obtained through the Services for any unlawful purpose. For more details on our data processing practices, please refer to our Privacy Policy.

User Feedback and Data

Collection and Use of Feedback: As part of the Services, Tailorie collects feedback, comments, and data from users who interact with Brand Partner’s products (“User Feedback”). Tailorie uses this User Feedback to provide valuable insights to Brand Partners and to enhance the overall service offering.

Ownership and Licensing of User Feedback: While User Feedback is generated in response to Brand Partner’s products, the ownership of the User Feedback resides with Tailorie. However, Tailorie grants Brand Partners a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and display the User Feedback solely for the Brand Partner’s internal business purposes, such as product development and marketing strategy.

Anonymization and Aggregate Data: Tailorie may anonymize and aggregate User Feedback with other data collected through the Services (“Aggregated Data”). Tailorie retains the right to use, share, and commercialize Aggregated Data for any business purpose, including but not limited to, improving the Services, developing new services, and sharing insights with current or prospective clients, provided that such Aggregated Data does not identify the Brand Partner or its individual products directly.

Confidentiality of User Feedback: Despite the ownership provisions herein, Tailorie acknowledges that certain User Feedback may contain sensitive or proprietary information of the Brand Partner. Tailorie agrees to treat such sensitive User Feedback with the same degree of care as it treats its own confidential information.

Rights to Publish Feedback: Tailorie retains the right to use, reproduce, distribute, display, and create derivative works from any User Feedback obtained through the Services for promotional, marketing, research, or any other business purposes at its sole discretion. This includes the right to publish, share, and publicize such User Feedback, whether in its original form or in a summarized, anonymized, or aggregated format, without requiring prior consent from the Brand Partner. Tailorie commits to ensuring that any use of User Feedback respects the privacy of the individuals providing feedback, adhering to applicable laws and regulations regarding data privacy and protection. Brand Partners acknowledge and agree that by participating in the Tailorie Services, they grant Tailorie a perpetual, irrevocable, worldwide, royalty-free license to use the User Feedback as stated herein.

Consumer Insights: All consumer insights and data collected through the Tailorie platform, including but not limited to user preferences, feedback, and usage statistics, are owned by Tailorie. Tailorie grants Brand Partners a limited, revocable, non-exclusive license to use such data solely for internal analysis, product development, and marketing optimization. This data shall not be sold, transferred, or disclosed to third parties without Tailorie’s prior written consent.

Indemnification and Liability
Brand Partners agree to indemnify, defend, and hold harmless Tailorie, its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or related to their use of the Services, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

Limitation of Liability:

In no event shall Tailorie be liable to Brand Partner or any third party for any loss of use, revenue, profit, data, or for any consequential, incidental, indirect, exemplary, special, or punitive damages arising out of or in connection with this Agreement, whether arising from breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Tailorie has been advised of the possibility of such damages.

Furthermore, Tailorie shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

(i) Brand Partner’s access to or use of the Services;

(ii) Any conduct or content of any third party on the Services;

(iii) Any content obtained from the Services; and

(iv) Unauthorized access, use, or alteration of Brand Partner’s transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Tailorie has been informed of the possibility of such damage.

Non-Exclusivity: Tailorie reserves the right to provide identical or similar services to third parties during the Term of this Agreement and after its expiration or termination.

Publicity:Tailorie is granted the right to utilize the name and logo of the Brand Partner for the purpose of identifying the Brand Partner as a client of Tailorie, including on Tailorie’s website and promotional materials. Tailorie acknowledges that any such usage shall adhere to any written guidelines provided by the Brand Partner. Tailorie reserves the right to issue a press release regarding the Brand Partner’s engagement with Tailorie, with the content of such release subject to the Brand Partner’s prior written approval, which shall not be unreasonably withheld or delayed. Additionally, Tailorie may create and publish case studies featuring the Brand Partner’s experience, without the need for the Brand Partner’s written approval.

Force Majeure: Neither Tailorie nor Brand Partners shall be liable for any failure to perform their obligations hereunder where such failure results from any cause beyond Tailorie’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Such circumstances include but are not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Term and Termination

This Agreement commences on the Effective Date and continues until terminated by either party in accordance with the terms herein. Either party may terminate the Agreement with notice for breach of terms or other specified conditions.

Miscellaneous

Amendments: This Agreement may only be amended in writing, signed by both parties.

Assignment: Tailorie reserves the right to assign, transfer, or subcontract any of its rights or obligations under this Agreement to a third party without the prior written consent of the Brand Partner. In the event of such an assignment, Tailorie shall notify the Brand Partner in writing. The Brand Partner may not assign, transfer, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Tailorie, which consent shall not be unreasonably withheld.

Governing Law: This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Governing Language: In the event of any discrepancy or inconsistency between translations of this Agreement into different languages, the English version shall prevail and govern the interpretation and enforcement of the Agreement.

Dispute Resolution: Any disputes arising out of this Agreement shall be resolved first through good faith negotiation between the parties, and if necessary, by arbitration or litigation in the jurisdiction agreed upon in this Agreement.

Entire Agreement: This Agreement constitutes the entire agreement between Tailorie and the Brand Partner regarding its subject matter and supersedes all prior agreements or communications.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Notices: All notices under this Agreement must be in writing and will be deemed given when delivered by email, certified mail, or courier to the addresses specified by each party.

Contact Us

If you have any questions about these Terms, please contact us.