Terms of Service

For UK/EU Terms of Service – Click Here

Date of Last Revision: March 2, 2022

US and CA

Acceptance of These Terms of Service

SoleSavy US, Inc. (“SoleSavy,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at www.solesavy.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and in the Account section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SOLESAVY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At SoleSavy, we respect the privacy of our users. For more information please see our Privacy Policy, located at http://solesavy.com/privacy-policy/ and under the Account section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description: The Service is designed to provide you with a membership-based service built on community and dedicated to reshaping how enthusiasts grow their collections, connect with others, and enjoy their passion.

Your Registration Obligations: You may be required to register with SoleSavy or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SoleSavy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SoleSavy will not be liable for any loss or damage arising from your failure to comply with this paragraph.

General Practices Regarding Use and Storage: You acknowledge that SoleSavy may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SoleSavy’s or its third-party service providers’ servers on your behalf. You agree that SoleSavy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SoleSavy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SoleSavy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to SoleSavy, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by SoleSavy. SoleSavy reserves the right to investigate and take appropriate legal action against anyone who, in SoleSavy’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of SoleSavy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SoleSavy or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate any applicable local, state, national, or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by SoleSavy from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Code of Conduct: SoleSavy prohibits discrimination, harassment and bullying in any form—verbal, physical, or visual. We are committed to a violence-free community, and we will not tolerate any level of violence or the threat of violence in the community. We strictly prohibit discrimination or harassment on the basis of race, color, religion, status, national origin, ancestry, pregnancy status, sex, gender identity or expression, age, marital status, mental or physical disability, medical condition, sexual orientation, or any other characteristics protected by law.

We ask that all our valued members follow our code of conduct so our community can flourish. There will be ZERO tolerance for abuse in our community, the Site, our network or any other part of the Service. Members are required to conduct themselves in a respectful manner towards all members. Any form of conduct by a member that is deemed harmful to the community, the Site, our network or any other part of the Service by SoleSavy will result in the termination of their account. See SoleSavy’s full code of conduct for more information at Solesavy.com/code-of-conduct.

Contests and Promotions: SoleSavy may offer certain contests and promotions to its members from time to time. All contests and promotions offered by SoleSavy shall be governed by the rules specific to the applicable contest or promotion that we post or make available in relation to such contest or promotion.

Competitors: No employee, independent contractor, agent, or affiliate of any competing shoe company is permitted to view, access, or use any portion of the Service without express written permission from SoleSavy. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of SoleSavy or any of its affiliates, or acting on behalf of a competitor of SoleSavy in using or accessing the Service.

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to SoleSavy that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with SoleSavy or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SoleSavy the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service If you dispute any charges you must let SoleSavy know within thirty (30) days after the date that SoleSavy charges you. We reserve the right to change SoleSavy’s prices. If SoleSavy does change prices, SoleSavy will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at SoleSavy’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on SoleSavy’s net income.

Recurring Membership Fees: If you join as a member or otherwise select a Service with an auto renewal feature (“Recurring Membership”), you authorize SoleSavy to maintain your account information and charge that account automatically upon the renewal of the Recurring Membership with no further action required by you. In the event that SoleSavy is unable to charge your account as authorized by you when you enrolled in a Recurring Membership, SoleSavy, may, in its sole discretion: (i) bill you for the Recurring Membership and suspend your access to the Recurring Membership until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

SoleSavy may change the price for a Recurring Membership from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Memberships will take effect at the start of the next membership period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Membership before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Membership at any time, but if you cancel your membership before the end of the current membership period, we will not refund any membership fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current membership period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you purchase any Recurring Membership through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by SoleSavy. Except as otherwise explicitly stated by SoleSavy, the third-party marketplace will be solely responsible for making refunds under its refund policy, and SoleSavy will have no refund obligations. SoleSavy disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

If you subscribed on our website, you can cancel by logging into my.solesavy.com, then go to the red circle in the upper right corner (should have your first initial in it) > Membership > Edit Membership > Cancel. Once the request is submitted, the SoleSavy team will reach out to you to learn more about the reason you want to cancel.

Payment Processing: Notwithstanding any amounts owed to SoleSavy hereunder, SOLESAVY DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor, and other third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy and other applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreements, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. SoleSavy assumes no liability or responsibility for any payments you make through the Service.

Refunds: Payments made by you hereunder to the SoleSavy for Items are final and non-refundable, unless otherwise determined by SoleSavy.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Purchase and Sale Transactions Between SoleSavy and You

In addition to the Services described above, the Service, may and from time to time, permit you to purchase shoes, accessories or other products (“Items”) from us directly (e.g., through our Site, Mobile Apps or other parts of the Service).
Availability: By placing an order through the Service to purchase Items from us, you are offering to purchase an item on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Canada and the United States and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Items which you ordered have been dispatched to you. Only those Items listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Payment: Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Items will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Returns: SoleSavy does not accept returns for any items purchased directly from us

Purchase, Trade and Sale Transactions Between SoleSavy Users

The Service also provides an online marketplace (“Marketplace”) where users of SoleSavy can list, buy, trade and sell Items. Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service, Buyers and Sellers enter into a contract for the sale and purchase of shoes directly between themselves, and SoleSavy is not a party to such sale or purchase
Risks, No Warranty. You assume certain risks in using a service such as the Marketplace. SoleSavy is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items on the Marketplace, and is not the Buyer or Seller in any transaction on the Marketplace. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of Items on the Service.
Prohibited items. SoleSavy prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation. Users are permitted to buy and sell Items on the SoleSavy platform and SoleSavy prohibits the listing or sale of counterfeit items.
Authenticity. SoleSavy shall not be responsible for the authentication of Items sold on the Marketplace, however, SoleSavy shall provide access to a third party authenticator that a user may utilize at the user’s discretion and expense. SOLESAVY WILL NOT BE LIABLE WITH RESPECT TO ITEMS TRADED ON THE MARKETPLACE OR BEAR ANY RESPONSIBILITY WITH RESPECT TO SUCH ITEMS OR FOR THE AUTHENTICATION PROCESS.
Counterfeit Items. SoleSavy takes counterfeiting seriously and does not permit the trade or sale of counterfeit items on the Marketplace under any circumstance. If we receive any counterfeit items from you, or if we suspect counterfeit listings, we reserve the right to take any of the following actions in our sole discretion: (i) cancel any transaction relating to that item; (ii) remove any or all of your other listings from the Marketplace; (iii) cancel all pending trades to which you are a party; (iv) charge you the full amount of the value charged if you do not provide a full refund to the buyer; (v) report the counterfeit items to law enforcement; or (vi) temporarily or permanently suspend your account.
Sellers. As a Seller, you represent and warrant that you have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. The contract to sell is between you and the Buyer, not SoleSavy.
Buyers. As a Buyer, you are solely responsible for reading and reviewing the Item listed before making an offer or purchasing. The contract to purchase is between you and the Seller, not SoleSavy.
Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to SoleSavy including any shipping or additional fees listed. SoleSavy is not an auctioneer, nor is it a Seller or carrier. The Service includes pricing, listing, and shipping assistance, but SoleSavy is not a Buyer or Seller of Items. All purchases are final, with no returns, refunds, cancellations, or retractions allowed. If there is an issue with the transaction, please contact customer support at [email protected].
Shipping. SoleSavy will provide Seller with a prepaid shipping label to send the Item to the Buyer (SoleSavy reserves the right to discontinue providing labels to any or all users at any time and for any reason). Seller must then deliver the Item to Buyer. When using a label, Seller must only use the label to ship the applicable Item, is fully responsible for contents of the parcel, and must comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. Below are different shipping scenarios and the applicable status of funds during the scenarios. For transactions that only involve one shipment by one party, if the shipment is marked as undeliverable or unclaimed by the carrier, the funds to Seller are put on hold. If the shipment is returned to sender or disposed, the funds will be automatically returned to the Buyer. If the shipment is marked as delivered by the carrier, funds will be released to the Seller. For transactions that involve two shipments by two parties (trade scenario), if one or both shipments are marked by the carrier as undeliverable, unclaimed, or disposed, funds will be held. Funds will also be held if the carrier marks one of the parties’ shipments as return to sender. If the carrier marks shipments from both parties as return to sender, funds will be automatically returned. If both shipments for the parties are marked as delivered by the carrier, funds will be released. If one or both packages are lost, then funds will be released. If either party has issues with a shipment in the above scenarios, the party should contact SoleSavy at [email protected]. When funds are released to a party through the account setup with SoleSavy’s permitted third party payment providers, the funds will equal the purchase price, minus taxes, and any applicable fees
Taxes. Purchased Items may be subject to applicable taxes in your jurisdiction, which SoleSavy will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and SoleSavy is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale, you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where SoleSavy does not collect taxes on your behalf.
Payments. Buyers may pay for Items using payment methods approved by SoleSavy, and SoleSavy will receive payment from Buyer on behalf of Seller. By submitting payment information to SoleSavy, you authorize SoleSavy to store that information and with your confirmation, charge you for any Items purchased.
Shipping Costs and Fees. Buyers are responsible for any shipping costs incurred with respect to their purchased Item. The Buyer will be charged a fee by our payment processor to accept credit card payments.
Returns. SoleSavy may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing [email protected], in each case within three days after delivery (as determined by the tracking information on the label) of the Item

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding SoleSavy and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your SoleSavy account information to ensure that your messages are not sent to the person that acquires your old number.

Mobile App License: Subject to these Terms of Service, SoleSavy hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of SoleSavy, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SoleSavy.

Special Notice for International Use; Export Controls: If you access or use the Service from outside of the United States or Canada, you do so at your own risk. Whether inside or outside of the United States or Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.. Downloading or using the Software is at your sole risk.

Third-Party Distribution Channels: SoleSavy offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

SoleSavy and you acknowledge that these Terms of Service are concluded between SoleSavy and you only, and not with Apple Inc. (“Apple”), and that as between SoleSavy and Apple, SoleSavy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be SoleSavy’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
SoleSavy and you acknowledge that SoleSavy, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between SoleSavy and Apple, SoleSavy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to SoleSavy as follows:

[email protected]

+1 (833) 765-3789

1209 N Orange St, Wilmington, DE 19801

You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

SoleSavy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and SoleSavy only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) SoleSavy, and not Google, is solely responsible for SoleSavy’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to SoleSavy’s Google-Sourced Software.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by SoleSavy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The SoleSavy name and logos are trademarks and service marks of SoleSavy (collectively the “SoleSavy Trademarks”). Other SoleSavy, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SoleSavy. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SoleSavy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SoleSavy Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will SoleSavy be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SoleSavy does not pre-screen content, but that SoleSavy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, SoleSavy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SoleSavy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant SoleSavy and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize SoleSavy and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to SoleSavy are non-confidential and SoleSavy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that SoleSavy may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SoleSavy, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: SoleSavy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SoleSavy of your infringement claim in accordance with the procedure set forth below.

SoleSavy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SoleSavy’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:

1209 N Orange St, Wilmington, DE 19801

To be effective, the notification must be in writing and contain the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, SoleSavy will send a copy of the counter-notice to the original complaining party informing them that SoleSavy may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against SoleSavy or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, SoleSavy has adopted a policy of terminating, in appropriate circumstances and at SoleSavy’s sole discretion, the accounts of users who are deemed to be repeat infringers. SoleSavy may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Slack. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. SoleSavy has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not SoleSavy, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. SoleSavy enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. SoleSavy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless SoleSavy, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “SoleSavy Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any SoleSavy Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such SoleSavy Party. SoleSavy will provide notice to you of any such claim, suit, or proceeding. SoleSavy reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting SoleSavy’s defense of such matter. You may not settle or compromise any claim against the SoleSavy Parties without SoleSavy’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SOLESAVY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE SOLESAVY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOLESAVY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SOLESAVY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE SOLESAVY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SOLESAVY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and SoleSavy, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and SoleSavy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SOLESAVY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SOLESAVY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

3. Pre-Arbitration Dispute Resolution

SoleSavy is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SoleSavy should be sent to 1209 N Orange St, Wilmington, DE 19801 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If SoleSavy and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or SoleSavy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SoleSavy or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SoleSavy is entitled.

4. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless SoleSavy and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, SoleSavy agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, SoleSavy will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, SoleSavy will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SoleSavy will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

6. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

8. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, SoleSavy agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending SoleSavy written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that SoleSavy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if SoleSavy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. SoleSavy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that SoleSavy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SoleSavy will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and SoleSavy will have no liability or responsibility with respect thereto. SoleSavy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and SoleSavy governing your access and use of the Service, and supersede any prior agreements between you and SoleSavy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SoleSavy submit to the personal and exclusive jurisdiction of the state and federal courts located within California. The failure of SoleSavy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of SoleSavy, but SoleSavy may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. SoleSavy will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond SoleSavy’s reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California 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 (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at SoleSavy US, Inc. , 1209 N Orange St, Wilmington, DE 19801 +1 (833) 765-3789

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at [email protected] and 1209 N Orange St, Wilmington, DE 19801 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

UK/EU Terms of Service

Date of Last Revision: February 15, 2023

Acceptance of These Terms of Service

SoleSavy US, Inc. (“SoleSavy,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at www.solesavy.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”), and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the (“Service”). All access and use of the Service if you are located in the United Kingdom or European Union is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. If you are located in the United States of America [or any other jurisdiction outside of the United Kingdom or European Union], our US Terms of Service found here https://solesavy.com/tos/ govern your relationship with us.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “UK/ EU – Terms of Service” link on the Site and in the ‘Account’ section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. In the event a change or modification has an adverse impact on your rights and obligations contained in these terms of Service, the Services and/or content provided to you (in each case as decided by SoleSavy acting reasonably), you may cancel your account and terminate these Terms of Service within [ten (10) days] of the change or modification coming into effect by notifying us in accordance with section 15 and we will provide you with a pro rata refund

of any amounts paid by you in advance reflecting the period where you did not benefit from the Services as a result of such termination. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

While all of the provisions in these Terms of Service are important, you should pay particular attention to: (a) how membership periods automatically renew and your associated payment obligations (see section 4); (b) when we may terminate your use of the Service (see section 13); (c) the disclaimers and our liability to you (see sections 10 and 11); and (d) your cancellation rights (see sections 3)

Access and Use of the Service

Your Registration Obligations: You may be required to register with SoleSavy or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. How we process such registration data and certain other information about you is detailed in our Privacy Policy. If you are under 18 years of age, you are not authorised to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SoleSavy of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SoleSavy will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to Service: SoleSavy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SoleSavy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If the Service is materially and adversely changed due to our modification of the Service (as decided by SoleSavy acting reasonably), you may cancel your account and terminate these Terms of Service within [ten (10) days] of the modification coming into effect by notifying us in accordance with section 15. If you notify us in such circumstances or we permanently discontinue the Service we will provide you with a pro rata refund of any amounts paid by you in advance reflecting the period where you did not benefit from the Services as a result of such termination or permanent discontinuance.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to SoleSavy, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). SoleSavy reserves the right to investigate and take appropriate legal action against anyone who, in SoleSavy’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. If you are blocked by SoleSavy from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

At our sole discretion we may refuse entry to our Service for any reason including but not limited to our belief that you may be a ‘reseller’. Any SoleSavy member found to be using their account for the sole purpose of “reselling” will have their account terminated. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms or violate the use of our intellectual property.

You agree to not use the Service to:

email or otherwise upload any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationship; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of SoleSavy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SoleSavy or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate any applicable national, supranational or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

Commercial Use: Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, nor to use the Service, or access the Service for any commercial purpose. The Service is for your personal use only.

Fees, payment and recurring memberships

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to SoleSavy that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with SoleSavy or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SoleSavy the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service If you dispute any charges you must let SoleSavy know within thirty (30) days after the date that SoleSavy charges you. We reserve the right to change SoleSavy’s prices. If SoleSavy does change prices, SoleSavy will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at SoleSavy’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on SoleSavy’s net income.

Recurring Membership Fees: If you join as a member or otherwise select a Service with an auto renewal feature (“Recurring Membership”), your access to the Service will automatically renew at the end of its initial membership period for subsequent periods equal in length to the initial membership period. SoleSavy will notify you by email at least seven (7) days prior to such automatic renewal taking effect. You authorise SoleSavy to maintain your account information and charge that account automatically upon the renewal of the Recurring Membership with no further action required by you. In the event that SoleSavy is unable to charge your account as authorised by you when you enrolled in a Recurring Membership, SoleSavy, may, in its sole discretion: (i) bill you for the Recurring Membership and suspend your access to the Recurring Membership until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorised by you.

Unless expressly stated otherwise in these Terms of Service, payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Membership at any time. If you cancel your membership after the cancellation period described below but before the end of the current membership period, we will not refund any membership fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current membership period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you subscribed on our website, you can cancel by logging into my.solesavy.com, then go to the red circle in the upper right corner (should have your first initial in it) > Membership > Edit Membership > Cancel. Once the request is submitted, the SoleSavy team may reach out to you to learn more about the reason you want to cancel.

Payment Processing: Notwithstanding any amounts owed to SoleSavy hereunder, SOLESAVY DOES NOT PROCESS PAYMENTS FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor, and other third-party payment processors (collectively, “Payment Processors”). The other Payment Processors that we use and their associated privacy policies are below:

Apple: Their Privacy policy can be viewed here
Google: Their Privacy Policy can be viewed here
Chargebee: Their Privacy Policy can be viewed here

These payment processing services are provided by the Payment Processors and are subject to Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreements, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorise the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the Payment Processor for more information. SoleSavy assumes no liability or responsibility for any payments you make through the Service.

Purchase and Sale Transactions Between SoleSavy and You

1. In addition to the Services described above, the Service may, from time to time, permit you to purchase shoes, accessories or other products (“Items”) from us directly (e.g., through our Site, Mobile Apps or other parts of the Service).
2. Availability: By placing an order through the Service to purchase Items from us, you are offering to purchase an item on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
3. Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Items which you ordered have been dispatched to you. Only those Items listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
4. Payment: Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Items will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Shipping and Delivery: Our delivery charges and methods are as described at https://store.solesavy.com/pages/how-store-shipping-works. Dispatch times may vary according to availability. The estimated arrival or delivery date is not a guaranteed delivery date for your order and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to forty five (45) days for the returned Items to be identified as refused and processed for a refund.

Mobile Services and Software

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith (including the Mobile Apps, the “Software”) are the property of SoleSavy, its affiliates, and its licensors. To the maximum extent permitted by applicable law, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SoleSavy.

Special Notice for International Use; Export Controls: If you access or use the Service from outside of the United Kingdom, European Union, United States or Canada, you do so at your own risk. Whether inside or outside of the United Kingdom, European Union, United States or Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Downloading or using the Software is at your sole risk.

Third-Party Distribution Channels: SoleSavy offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilise any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

SoleSavy and you acknowledge that these Terms of Service are concluded between SoleSavy and you only, and not with Apple Inc. (“Apple”), and that as between SoleSavy and Apple, SoleSavy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be SoleSavy’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
SoleSavy and you acknowledge that SoleSavy, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between SoleSavy and Apple, SoleSavy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to SoleSavy as follows:

[email protected]

1209 N Orange St, Wilmington, DE 19801

Complaints will be handled via email at [email protected]
You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

SoleSavy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and SoleSavy only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) SoleSavy, and not Google, is solely responsible for SoleSavy’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to SoleSavy’s Google-Sourced Software.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights and laws. Except as expressly authorised by SoleSavy or permitted by applicable law, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited.

User Content: You represent and warrant that you own (or are permitted to use) all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant SoleSavy and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable limited license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorise SoleSavy and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

SoleSavy will process and investigate notices of alleged infringement and will take appropriate actions under the EU Digital Copyright Directive and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SoleSavy’s Copyright Agent at [email protected] (Subject line: “Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:

1209 N Orange St, Wilmington, DE 19801

To be effective, the notification must be in writing and contain the following information:

a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorised to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address.

Repeat Infringer Policy: In accordance with applicable law, SoleSavy has adopted a policy of terminating, in appropriate circumstances and at SoleSavy’s sole discretion, the accounts of users who are deemed to be repeat infringers. SoleSavy may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

Compensation

You agree to compensate and reimburse SoleSavy, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “SoleSavy Parties”) on demand for all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. SoleSavy reserves the right to assume the exclusive defense and control of any matter which is subject to this section, and you agree to cooperate with any reasonable requests assisting SoleSavy’s defense of such matter. You may not settle or compromise any claim against the SoleSavy Parties without SoleSavy’s written consent.

Disclaimer of Warranties

Consumers have certain rights under law and nothing in these Terms of Service can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods.

We have taken every reasonable care in the provision of the Services. However, except as stated in section 11 and to the maximum extent permitted under applicable law, your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Solesavy Parties expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including the implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.

The Solesavy Parties make no warranty or representations that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

Limitation of Liability

To the extent we are permitted under applicable law to limit our liability, our liability to you for our failure to provide the Services with reasonable care and skill is limited to the total amount paid by you to SoleSavy and for any other loss or damages you suffer, including any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including damages for loss of goodwill, use, or data or other intangible losses (even if the Solesavy Parties have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service Solesavy Parties’ total liability to you for all damages, losses, or causes of action exceed the amount you have paid Solesavy in the last six (6) months, or, if greater, one hundred euros (€100).

In some jurisdictions, consumer protection laws do not allow certain disclaimers or exclusions of or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms of Service may not apply in whole or part. We do not seek to exclude or limit our liability for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or restricted by applicable law.

Termination

Unless otherwise prohibited by applicable law, and without impacting SoleSavy’s other rights and remedies, you agree that SoleSavy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if SoleSavy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. SoleSavy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that SoleSavy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SoleSavy will not be liable to you or any third party for any termination of your access to the Service. If you are not in breach of these Terms of Service or engaged in fraudulent, abusive or illegal manner and we suspend or terminate your account, we will provide you with a pro rata refund of any amounts paid by you to us in advance reflecting the period where you did not have access to the Services as a result of such suspension or termination.

Upon any termination of your account, all licences granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content will no longer be available to you through the Services and all sections of these Terms of Service that, by their nature, should survive termination will survive termination, including the sections entitled User Content, Compensation, Disclaimer of Warranty, Limitation of Liability and General.

User Disputes

General

These Terms of Service (together with the terms incorporated by reference herein and any other terms presented to you by us on or before you create your account and pay us fees) constitute the entire agreement between you and SoleSavy governing your access and use of the Service, and supersede any prior agreements between you and SoleSavy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software.

These Terms of Service and any disputes arising out of or in connection with them (including non-contractual disputes) are governed by English law and you can bring legal proceedings in relation to the Services or these Terms of Service in the English courts. If you live outside of England, both you and SoleSavy can bring legal proceedings in respect of the Services or these Terms of Service in either your local courts or the English courts.

The failure of SoleSavy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

To the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action came into existence.

A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms of Service without the prior written consent of SoleSavy, but SoleSavy may assign or transfer these Terms of Service, in whole or in part, without restriction, provided we ensure such assignment does not affect your rights under these Terms of Service.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. SoleSavy will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond SoleSavy’s reasonable control.

Questions? Concerns? Suggestions?

Please contact us at uk@solesavy.com and 1209 N Orange St, Wilmington, DE 19801 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

Terms of Service

For UK/EU Terms of Service – Click Here

US and CA

Acceptance of These Terms of Service

Access and Use of the Service

Conditions of Access and Use

Purchase and Sale Transactions Between SoleSavy and You

Purchase, Trade and Sale Transactions Between SoleSavy Users

Mobile Services and Software

Intellectual Property Rights

Third-Party Services and Websites

Indemnification

Disclaimer of Warranties

Limitation of Liability

Dispute Resolution By Binding Arbitration

Termination

User Disputes

General

Notice for California Users

U.S. Government Restricted Rights

Questions? Concerns? Suggestions?

UK/EU Terms of Service

Your privacy