PART I: Virtual Sizing, Fitting and Try-on Terms & Conditions
Our Site allows you to use Virtual Sizing, virtual fit-check and virtual try-on features (“Virtual Features”) by way of XR (Extended Reality) technology. This is an online service capable of measuring you through your device camera, ascertain your size and also offer virtual try-on stimulations on the video you capture. If use one or more of these Features, this “Virtual Sizing, Fitting and Try-on Terms and Conditions” shall apply and be treated as a binding agreement between you and Imersive.io Private Limited (hereinafter “Imersive” or “we”/ “us”/ “our”).
By continuing to use the Features you represent that you are 18 years of age or older and that you agree to be bound by these terms. If you do not agree to these terms and/or are the age of 18 years, please do not use the Virtual Features.
1. Other Applicable Terms
This Sizing, Fitting and Try-on Terms & Conditions coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of a virtual try-on feature or a Imersive’s TERMS OF SERVICE and PRIVACY POLICY.
2. Privacy and Consent.
You understand that your consent to the use of your Personal Information as provided in the “Virtual Sizing, Fitting and Try-on Privacy Notice” is a prerequisite to your use of the Virtual Features. By using the Service, you acknowledge and agree that your video data will be processed as described in the Privacy Notice(below) in addition to the terms of our Privacy Policy.
3. Restrictions on Use
You agree not to use the Virtual Features in any manner
a. that is not in compliance with any applicable laws and regulations.
b. for any commercial purpose, as these . Virtual Features are intended for personal use only.
c. to create any false identity to mislead any person as to the identity or origin of any communication.
d. to defame any person or publish information that is rude, obscene, offensive, hateful or inflammatory.
e. that may be considered as violation of any third-party rights including but not limited to intellectual property rights and personality rights.
4. License and Use
In relation to the use of the Virtual Features, you grant to Imersive a royalty free, non-exclusive, transferrable, sub-licensable, irrevocable licence to access your device camera and use the images and videos you upload for the purpose of providing you with the Virtual Features.
By uploading an image/video to our Virtual Feature, you affirm, represent and warrant that you are the owner of, or have the necessary licences, rights, consents and permissions to use and to authorise Imersive to use such image/video as necessary to exercise the licence granted by you in these Terms.
Subject to compliance with these terms, we grant you a personal, free of charge, limited non-assignable, non-exclusive, revocable and non-transferable license to use the Virtual Features and the generated output exclusively for personal, non-commercial, private, informational purposes.
All intellectual property rights in the Virtual Services, including but not limited to software, algorithms, data, and design, are owned by us or our licensors.
5. Disclaimer
The Virtual Features are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim any warranty of merchantability or for fitness for a purpose. The Virtual Features provides an illustration of the try-on stimulation. We take inputs from your video footage and the product images shared by the seller/e-commerce provider. Imersive does not guarantee the accuracy, reliability, or completeness of the sizing and fitting results. We will not be held liable for any inaccuracies with the results of the Virtual Features due to external factors such as lighting, device or camera issues, inaccurate information received by Imersive.
We do not guarantee the accuracy, reliability, or completeness of the sizing and fitting results. To the fullest extent permitted by law, we disclaim all liability for any losses or damages arising from your use of the Service.
6. Termination
These Terms & Conditions shall take effect on the date on which you first install, access, use, or accept the Terms & Conditions and shall remain in force throughout your use of the Virtual Services.
We may in our sole discretion (acting reasonably) terminate or suspend your account and/or suspend or terminate your access to the Application if (i) you are in material or persistent breach of these Terms and Conditions or other policies or terms which apply to your use of the Virtual Features or we have reasonable grounds to suspect that any such breach has occurred; or (ii) you are in breach of any applicable law or regulation or we have reasonable grounds to suspect such breach has occurred.
We also reserve the right (acting reasonably) to modify, suspend or discontinue your access to the Application, at any time for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7. Liability
To the fullest extent permitted by law, we, our affiliates, and our respective officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Virtual Features; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Virtual Features by any third party; (d) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Virtual Features; and/or (e) the defamatory, offensive, or illegal conduct of any third party.
8. Severability
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law or any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable.
9. Governing Law & Jurisdiction
Any dispute or claim arising out of or relating to this Agreement shall be settled and adjudicated exclusively by the courts of Chennai in accordance with the laws of India without regard to conflict of law principles.
10. Modification of Terms of Service
We may modify this Agreement upon providing reasonable notice to you through a service announcement or by sending email to your registered/primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with a reasonable advance notice of the changes by email to your registered/primary email address. You may terminate your use of the Services by providing Imersive a notice as mentioned under the Termination Clause. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
PART II - Virtual Sizing, Fitting and Try-on Privacy Notice
This Privacy Notice applies in addition to our Privacy Policy, in case you use one or more of our Virtual Sizing, Fitting and Try-on features (“Virtual Features”)
1. Consent for Collection and use of Personal Information
When You use our Virtual Features, you specifically consent that:
a. The Virtual Feature may temporarily collect, capture, possess, store, or obtain your image and video footage
b. If you share your information with a social media platform (if the option is available to you), our Virtual Features may share, disclose, or disseminate information about You from your device to the social media platform as needed to complete your request.
c. The video footages and information derived from it may be anonymized / de-personalized and used for analytical purposes, and for service improvements such as to train our models for better precision.
You understand that your consent to the above is a prerequisite to your use of the Virtual Features.
2. What information is collected?
a. Name, Phone Number, Email Address, Geolocation: may be collected at the time of your registration with us, for account registration and maintenance purposes.
b. Video Footage, Height, Age and Gender: When you use the virtual sizing or virtual fit room, we may request you to permit us to access your device camera. We use the video footage to apply our extended reality technology and provide you the virtual sizing or virtual fit-room solution as per your requirement.
To ensure the precision of our output, be it our virtual sizing or our virtual fit room solution, we may also collect your height, age and Gender.
c. IP Address and browser information: We may also collect the IP Address or other unique device identifiers, including your browser and operating system to identify problems, with computer server, to administer our Site(s). Your IP address is used to help identify you but contains no other personal information about you.
3. Purpose of Use
The purpose of the collection, storage, processing and use of personal information for the Virtual Features is to provide you with a meaningful and efficient way to evaluate the products for potential purchase and use. When you use the Virtual Try-On Feature, your information is processed in order to deliver a personalized virtual sizing, fitting or try-on experience to you.
We may also use the video footage and the information derived from the video footages to train our models and improve our service through deep-learning computer algorithms and artificial intelligence. Our commitment is to maintain the confidentiality and security of your facial data, giving you complete control over your personal information.
4. Who is it shared with?
We do not share your information with any other third party except
(i) Sellers or eCommerce providers whose websites you browse and have chosen to integrate our 3D store, virtual sizing or virtual fit-room services. Once you have registered your information with us, we save and store your body measurements to obtain brand-specific sizing without having to provide video footage each time you choose to opt for our services
(ii) our group companies who may also use your information for the purposes set out above, our Vendors and service providers to perform services on our behalf, any successor to all or part of our business or to Government and public authorities in order to comply with applicable law, regulation, legal process, government request, including to meet national security requirements.
5. Where is the Data Stored and how long is it retained?
The output of our prediction of size is stored in your device and also on our servers.
The last three video footages submitted by you is stored for a maximum period of 3 years in active database after which it is moved to backup/archives where it is retained for a further period of 4 years.
Derived information such as anonymous body measurements, and brand specific sizing are proprietary to Imersive may be retained for longer period as it deems fit.
6. Contact Us
For questions or concerns, contact us at hello@imersive.io