Terms

These Terms govern your use of the Feminize website and application, the licences granted with the patterns we sell, and the orders you place with us. Please read them together with the Privacy Policy. Sections 15 and 16 limit our liability to you and are set out in capitals so that you do not pass over them.

1. Agreement to These Terms

1.1 These terms of service (the “Terms”) constitute a binding agreement between you and Feminize, 29 Seneca Crescent, Brantford, Ontario, Canada (“Feminize”, “we”, “us” or “our”) governing your access to and use of the website at feminizetheworld.com (the “Site”) and the Feminize mobile application (the “App”, and together with the Site, the “Services”).

1.2 By accessing or using the Services, by creating an account, or by placing an order, you accept these Terms. If you do not accept them, do not use the Services.

1.3 The Privacy Policy at feminizetheworld.com/privacy is incorporated into these Terms by reference and forms part of them.

2. Definitions

2.1 “Pattern” means a sewing pattern licensed by us, in digital or printed form, together with its instructions, illustrations and accompanying files.

2.2 “Your Content” means the photographs you capture through the App and the pattern documents the App drafts from them, together with all measurements and other data derived from those photographs.

2.3 “Licence” means the grant of rights described at Section 6, and “Licensee” means the person or business to whom it is granted.

2.4 “Order” means an offer by you to purchase goods or a Pattern through the Services.

3. Eligibility and Your Account

3.1 You must be at least thirteen (13) years of age, or sixteen (16) where you are in the European Economic Area and the member state of your residence has not specified a lower age, to hold an account. By holding one you represent that you meet that requirement and that you have the legal capacity to enter into these Terms.

3.2 An account is required in order to use the App. You are responsible for maintaining the confidentiality of your credentials, and any act or omission effected through your account is treated as your own.

3.3 You must notify us without delay if you become aware, or have reason to suspect, that another person has obtained access to your account.

3.4 You represent that you are not located in, and are not ordinarily resident in, a country subject to comprehensive trade sanctions administered by the Government of Canada or the Government of the United States, and that you are not named on any list of prohibited or restricted parties maintained by either government.

4. Your Content Remains Yours

4.1 As between you and us, Your Content is and remains yours. Nothing in these Terms transfers ownership of it, and we assert no proprietary claim over it.

4.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and process Your Content solely in order to (a) operate the Services and make Your Content available to you, and (b) improve the accuracy of the measurement software, using the shapes and measurements derived from your photographs dissociated from your account. That licence is limited to those two purposes, is granted for no other, and terminates in respect of the material erased when you delete your account.

4.3 We will not publish, sell, license to any third party, or use for the promotion of the Services any of Your Content.

4.4 You represent and warrant that you hold the rights necessary to photograph what you photograph and to submit it to the Services, and that doing so infringes no right of any other person.

5. Measurement Output: Nature and Limitations

5.1 The App measures a photographed pattern piece by computational reconstruction and reports the result in millimetres. That result is an estimate produced by software from an image. It is not a guarantee, a certification, or a substitute for measuring the physical piece.

5.2 The accuracy of a measurement depends on conditions we do not control, including the lighting, the flatness of the piece, the presence and correct placement of the calibration marker, and the resolution and optics of your device.

5.3 You must verify any measurement that matters against the physical piece before cutting cloth or committing material. We accept no responsibility for material, labour or opportunity lost in reliance on a measurement alone, and this Section 5.3 is a term you should regard as material to your use of the Services.

6. What a Pattern Licence Permits

6.1 A Pattern is licensed to you and is not sold outright. The Licence is personal to the Licensee, is non-exclusive, non-transferable and non-sublicensable, and is granted on the tiers set out below. The first two tiers accompany every Pattern at no additional cost.

6.2 Personal. You may sew the Pattern as often as you wish for yourself, for members of your household, and as gifts.

6.3 Cottage. You may sell finished garments made with your own hands from the Pattern, to a maximum of 250 garments per Pattern in any period of twelve (12) months, provided that each listing or point of sale credits the design in the words “Pattern by Feminize”. This tier is intended for makers and small shops. It is included, and there is nothing further to purchase.

6.4 Commercial. A commercial licence is required where either (a) more than 250 garments per Pattern are to be sold in any period of twelve (12) months, or (b) the sewing is to be performed by any person other than the Licensee, including a workshop, a contract manufacturer, a factory or a brand’s own production. Write to hello@feminizetheworld.com and we will price the licence against the Pattern and the intended run. Terms are agreed in writing before production begins, and production commenced before that agreement is unlicensed.

6.5 Restrictions applicable to every tier. The Pattern files are licensed to the Licensee alone. You may not share, resell, lend, give away, publish, post, upload or otherwise make them available to any other person; you may not use them, in whole or in part, to produce another pattern for sale or distribution; you may not remove or obscure any notice of authorship or watermark they carry; and you may not use them to train, fine-tune or evaluate any machine learning model. A Licence extends to the person or business to whom it was issued and to no one else.

6.6 A Licence granted under this Section 6 terminates automatically on breach of Section 6.5, without prejudice to any remedy otherwise available to us.

7. Our Intellectual Property

7.1 The Services, and all software, text, illustration, photography, typography and design comprised in them, other than Your Content, are owned by us or by our licensors and are protected by copyright and other laws. Save for the Licence granted at Section 6 and the ordinary use of the Services these Terms permit, no right in them is granted to you.

7.2 The name Feminize and the marks and get-up used in connection with the Services may not be used without our prior written consent.

8. The Pattern Assistant

8.1 The Services include an optional pattern assistant which generates responses using a third-party language model. Section 7 of the Privacy Policy describes what is transmitted to that provider and, importantly, what is not.

8.2 Output generated by the pattern assistant is produced probabilistically and may be incomplete, mistaken or unsuitable for your purpose. It is not professional advice of any kind. You must exercise your own judgement before acting on it, and Section 5.3 applies to any measurement or dimension it reports with equal force.

8.3 We do not warrant that output generated for you is original or that it does not resemble output generated for another user, and we make no representation as to the ownership of it beyond disclaiming any of our own.

8.4 The pattern assistant may be modified, limited or withdrawn at any time, and it may be unavailable.

9. Orders, Prices, Payment and Taxes

9.1 Prices are those displayed at checkout, in the currency displayed. We take reasonable care that prices are accurate, and Section 9.4 governs the case where one is not.

9.2 Payment is collected and processed by Stripe. Your card details are not transmitted to us and are not held by us.

9.3 Your Order is an offer. It is accepted, and a contract of sale is formed, only when we confirm the Order by email. Confirmation of receipt is not acceptance.

9.4 We may decline an Order, before or after confirmation, where the item is out of stock, where the price or description displayed was materially incorrect, or where we suspect fraud. Where we decline an Order for which payment has been taken, we refund it in full, and that refund is your sole remedy in respect of the declined Order.

9.5 Prices are exclusive of applicable sales taxes unless stated otherwise, and any such tax is added at checkout where we are required to collect it.

10. Shipping, Title and Risk

10.1 We ship to addresses in Canada and the United States.

10.2 Ready-made items are ordinarily delivered within three (3) to ten (10) business days of dispatch. Items made to order are quoted at checkout and take longer. Delivery estimates are estimates and are not a term of the contract.

10.3 Orders delivered into the United States may attract duties, tariffs or import charges. Those are payable by the customer, are assessed by the importing authority and not by us, and are not included in the price displayed at checkout.

10.4 Digital Patterns are not shipped. They become available in your account as soon as payment clears.

10.5 Risk in physical goods passes to you on delivery. Title passes on delivery or on receipt of payment in full, whichever is later.

11. Returns, Exchanges and Faulty Goods

11.1 Our production runs are small and frequently made to order. Returns for change of mind are therefore not offered.

11.2 We will exchange, where stock permits, an item returned unworn, unwashed and in its original condition within thirty (30) days of delivery. Write to us before returning anything and we will arrange it.

11.3 A digital Pattern cannot be exchanged and is not refundable once it has been downloaded. Where a file is defective, corrupt, or materially different from what the product page described, that is a fault and Section 11.4 applies to it.

11.4 Anything faulty, damaged in transit or wrongly supplied is put right regardless of the foregoing: repaired, replaced or refunded, at your election. Write to hello@feminizetheworld.com.

11.5 Nothing in this Section 11 affects the rights conferred on you by the Consumer Protection Act, 2002 (Ontario) or by any other consumer protection legislation applicable to you, which cannot be waived by a term on a page.

12. Acceptable Use

12.1 You must not: attack, overload or attempt to disrupt the Services; probe, scan or test their security without our prior written permission; access or attempt to access any account other than your own; scrape, harvest or systematically extract data from the Services; circumvent or attempt to circumvent any entitlement check, watermark or access control; or reverse engineer, decompile or disassemble any part of the Services except to the extent that applicable law forbids that restriction.

12.2 You must not upload anything unlawful, infringing, or that you lack the right to upload, and you must not upload a photograph of anything you have no right to photograph.

12.3 You must not use the Services, or any Pattern or output obtained through them, to train, fine-tune or evaluate any machine learning model.

13. Suspension and Termination

13.1 You may terminate these Terms at any time by deleting your account, which Section 12 of the Privacy Policy describes.

13.2 We may suspend or terminate your access to the Services, in whole or in part, where you are in material breach of these Terms or where your use of the Services is unlawful. Where the circumstances permit, we will give notice and an opportunity to remedy the breach first.

13.3 Termination does not affect any right or liability accrued before it, and Sections 4.4, 5, 6.5, 7, 15, 16, 17, 18, 19 and 24 survive it.

14. Notice of Claimed Infringement

14.1 A rights holder who believes that material accessible through the Services infringes their copyright should write to hello@feminizetheworld.com identifying the work said to be infringed, identifying the material complained of with sufficient particularity to locate it, providing contact details, and stating that the complaint is made in good faith and that the information in it is accurate.

14.2 We investigate every such notice and remove or disable access to material where the complaint is substantiated. We may terminate the account of a person who repeatedly infringes.

15. Disclaimer of Warranties

15.1 THE SERVICES, ALL CONTENT COMPRISED IN THEM, AND ALL OUTPUT GENERATED BY THEM, INCLUDING EVERY MEASUREMENT, RECONSTRUCTION, DRAFTED PATTERN DOCUMENT AND ASSISTANT RESPONSE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

15.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY DIMENSIONAL OUTPUT GENERATED BY THE SERVICES WILL BE ACCURATE, COMPLETE OR FIT FOR ANY PARTICULAR APPLICATION.

15.4 This Section 15 does not exclude any warranty, condition or guarantee that applicable law does not permit to be excluded, and Section 18 applies to it.

16. Limitation of Liability

16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, NOR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, AND (B) CAD $100.

16.3 The limitations in this Section 16 apply notwithstanding the failure of the essential purpose of any limited remedy, and allocate risk between us in a manner reflected in the prices charged.

16.4 Nothing in this Section 16 limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be limited or excluded, and Section 18 applies to it.

17. Indemnity

17.1 You will indemnify and hold us harmless against any claim, demand, loss, liability, damage, cost and reasonable legal expense brought by a third party and arising out of (a) Your Content, (b) your breach of these Terms, in particular Sections 6.5 and 12, (c) your infringement of the intellectual property or other rights of any person, or (d) your violation of any applicable law.

17.2 We will notify you of any claim to which this Section 17 applies, and you may assume its defence with counsel reasonably acceptable to us, save that no settlement admitting fault on our part or imposing an obligation on us may be entered into without our written consent.

17.3 This Section 17 does not apply to a consumer to the extent that applicable consumer protection legislation prohibits it.

18. Consumer Rights Not Affected

18.1 If you deal with us as a consumer, you have rights under the Consumer Protection Act, 2002 (Ontario) and under other consumer protection legislation applicable where you live. Those rights cannot be excluded, restricted or modified by these Terms.

18.2 Where any provision of these Terms, in particular Sections 15, 16 and 17, would have that prohibited effect, that provision applies to you only to the extent that the applicable legislation permits, and the remainder of these Terms continues in force.

19. Additional Terms Applicable to the App Obtained Through the Apple App Store

19.1 This Section 19 applies where you obtain the App from the Apple App Store, and prevails over any inconsistent provision of these Terms in that case.

19.2 These Terms are concluded between you and Feminize alone, and not with Apple Inc. (“Apple”). Feminize, and not Apple, is solely responsible for the App and its content.

19.3 Apple grants you a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, save that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.

19.4 Apple has no obligation whatever to furnish any maintenance or support service in respect of the App.

19.5 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatever with respect to the App, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to any warranty is the sole responsibility of Feminize.

19.6 Feminize, and not Apple, is responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and any claim arising under consumer protection, privacy or similar legislation.

19.7 In the event of a third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, Feminize, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

19.8 You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

19.9 Questions, complaints and support requests concerning the App should be addressed to hello@feminizetheworld.com.

19.10 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, have the right, and are deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary of them.

20. Force Majeure

20.1 We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including act of God, fire, flood, epidemic, war, civil unrest, labour dispute, failure of a telecommunications or hosting provider, act of government, or interruption to the supply of materials. Where such an event prevents the fulfilment of a paid Order for more than thirty (30) days, either party may cancel it and we will refund what was paid.

21. Changes to These Terms

21.1 These Terms may be amended. The date shown at the head of this document is the date on which the words below it last changed.

21.2 A material amendment will be notified to every person holding an account by email before it takes effect, and continued use of the Services after that date constitutes acceptance of it. An amendment does not apply retroactively to an Order already accepted, which remains governed by the Terms in force when it was accepted.

22. Assignment

22.1 You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent. We may assign them, in whole or in part, to an affiliate or in connection with a merger, reorganisation or sale of the business or its assets, provided that the assignee assumes our obligations under them.

23. Severability, Waiver and Entire Agreement

23.1 If any provision of these Terms is held invalid, illegal or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force.

23.2 No failure or delay in exercising a right under these Terms operates as a waiver of it, and no single or partial exercise precludes any further exercise of it or of any other right.

23.3 These Terms, together with the Privacy Policy and any written licence agreed under Section 6.4, constitute the entire agreement between you and us in respect of the Services and supersede all prior understandings, whether written or oral, concerning their subject matter. Nothing in this Section 23.3 excludes liability for fraudulent misrepresentation.

23.4 Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us. Save as provided at Section 19.10, these Terms confer no right on any person who is not a party to them.

24. Governing Law and Jurisdiction

24.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, including any non-contractual obligation, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws principles.

24.2 The courts of the Province of Ontario have exclusive jurisdiction, and you and we submit to that jurisdiction, save that a consumer may bring proceedings in the courts of the place of their residence where applicable law confers that right, and save that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

24.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

25. Notices and Contact

25.1 Notices to us are given in writing to hello@feminizetheworld.com or to Feminize, 29 Seneca Crescent, Brantford, Ontario, Canada. Notices to you are given to the email address held on your account, and are deemed received on the day of sending.

25.2 Any question about these Terms may be put to hello@feminizetheworld.com, and will be answered by a person.