Effective Date: 19 July 2024

The VÒNG mobile app is owned and operated by ZELUS P.C. (“we”, “us”, “our”), a company incorporated in Athens, GREECE, whose registered address is 43 Aisopou, Chalandri, 15238, Athens, with registration number 150686103000 and VAT NUMBER 801168969.

These Terms and conditions determine the rules to access and use our services and define the relationship between you, as a user, and us, ZELUS p.c., as well as the relationship between users. 

By accessing or using our services (our application or any other service made available to you from us) you agree that you have read, understood, and accepted these Terms and Conditions. Your own terms and conditions do not apply. If you do not agree with any of these Terms and Conditions, you shall not access or use our services. We reserve the right to change these Terms and Conditions at any time, without prior notice to you.  We will make every effort to inform you of any material changes to our terms of use, but please check the app occasionally for any changes to the terms and Conditions. We reserve the right to terminate your account or take any other action we deem appropriate if you violate these Terms and Conditions or otherwise create or are likely to create liability for us.

If you have any questions regarding these terms and conditions, please contact us at info@zelus.gr

1. DEFINITIONS

• User (also “you” or “your”): Any user that creates an account or uses our app or our services by any other means. 
• User content: any form of content, texts, images, photos, and all the material and data that you upload or transmit through our Services, or that other users upload or transmit.
• Illegal content: Any form of content and/or any information which, by itself or in connection with an activity, does not comply with EU or Greek law.
• Account: user’s account created upon registration on or app.
• Item and allowed item: any good or item that the user uploads or lists in our platform in order to use our services. 
• Intellectual Property Rights: all brands, logos, trademarks, internet domain names, models and designs, patents, copyrights (including all rights relating to software) and moral rights, rights relating to databases, semiconductor topographies, knowhow, and other rights, as well as all other industrial and intellectual rights, in any case independent from whether or not they have been registered and with the inclusion of registration applications as well as all equivalent rights or means of protection leading to a similar result anywhere in the world.
• GDPR: General Data Protection Regulatory. The European Union (EU) law that came into effect on 25th May 2018. GDPR governs the way in which we can use, process, and store personal data (information about an identifiable, living person).

All the abovementioned definitions shall have the same meaning either used in the singular or plural.

2. THE MOBILE APPLICATION 

You can access and use our mobile application (app) using your smartphone or tablet, as long as you have internet access. Our application is free of charge, and you can download it from the “Google Play Store” platform. The application may be updated from time to time to add new features and services and any new updates must be downloaded by you.

With our mobile application we want to enable you to digitally organize your wardrobe and to make better choices regarding buying, using and disposing of your clothing items so that you cover your needs but at the same time create zero to minimum impact to the society and the environment. By using our services you can:

• generate new personalized clothing combinations (outfits);
• keep track of what you wear every day;
• get insights on what is in your closet in an organized manner (e.g.: how many and what clothing items you own, how you combine them, how often you wear them, etc);
• get suggestions on what you don’t use frequently so you can give it away if you wish;
• get suggestions on how to combine your items in outfits;
• share your daily outfits;
• get styling ideas from other users;
• get information on fashion related business regarding their services, their assortiment, an estimation of their price range, their business and operations principles and practices, their transparency, their digital and physical locations.

3. USER ENGAGEMENTS 

By using our services, you represent and warrant that:

• All data and information that you provide upon registration and creation of your account are true, accurate and complete.
• You create only one account (your own) and use it for personal purposes.
• You will not share your password with third parties, give third parties access to your account, and transfer your account to any other.
• You are at least 16 years old to use our services.
• You will not access our services through automated or non – human means, whether through a bot, script or otherwise.
• You are solely responsible for the content that you upload, post or display via our services, which must comply with the rules set in the “user content” section. 

4. LICENSE OF USE

Subject to your complete and ongoing compliance with these Terms and Conditions, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application (app) associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services.

This license grants you the right to use our app and services only for personal use, excluding any other purposes. You do not acquire any intellectual property and ownership on our application, on its services, on its content and it is strictly prohibited to reproduce, modify, adapt, or exploit in any way any of our platform’s content (VÒNG content). You explicitly agree that the use of the application and services will be in full accordance with any applicable laws and regulations and with these Terms and Conditions and such use will not infringe our rights in any way, constitutes an act of unfair competition, direct or indirect, or will be in any way unlawful. Accessing or using the source codes of the application and its software components is strictly forbidden. This license does not grant you any other right other than those granted here.

5. NOT- PERMITTED  ACTIVITIES

Our app and services may be used and accessed for lawful purposes only. While using our services you agree that you will not:

1. Violate these Terms and Conditions and policies that apply with respect to the use of our services.
2. Use our services for any illegal, unauthorized, misleading, fraudulent or discriminatory purpose and you will not violate any applicable law or regulations (or help a third party to use our services in this way).
3. Provide fraudulent, false or inaccurate information.
4. Submit or distribute content that you do not own or do not have the right to disclose it.
5. Submit or distribute content that is racist, xenophobic, pornographic, defamatory, offensive, insulting, threatening, harassing, advocating, supportive of terrorism or violates human rights.
6. Submit or distribute content representing, describing or depicting nudity.
7. Submit or distribute content that is in breach of confidentiality or another person’s privacy.
8. Violate or infringe the rights of third parties, including intellectual property rights (e.g. infringing the copyright or trademark rights of others, or distributing counterfeit or pirated goods), except where an exception or limitation applies under applicable law.
9. Upload viruses or malicious code and technologically harmful material, or take any action that could disable, overburden, interfere with or create problems with the proper operation, integrity, administration or appearance of our services.
10. Collect data from our services (user names, email addresses etc.) using automated or not automated means or attempt to access data that you do not have the right to access or transmit any unsolicited advertising, junk mail, spam or other form of solicitation. We further reserve all of our rights against data and message mining.
11. Attempt to bypass any measures that we implement designated to prevent or restrict access to our services or tamper with security we implement to protect our services.

6. DIGITAL WARDROBE 

You can create your own digital wardrobe by uploading the items that you keep in your closet. Allowed items to upload are:

• clothing items that cover the upper part of your body (tops) including but not limited to blouses, shirts, sweaters, sweatshirts, etc, 
• clothing items that cover the lower part of your body (bottoms) including but not limited to trousers, shorts, skirts, etc,
• clothing items that cover the whole part of your body (one-pieces) including but not limited to dresses, jumpsuits, etc
• clothing items that are used as an outer layer of your clothes (outerwear) including but not limited to coats, jackets, cardigans, etc
• shoes
• accessories including but not limited to bags, gloves, jewelry, hats, belts, scarfs, (sun)glasses, straps, hosiery, etc

7. USER CONTENT

As an account user you can submit content to the Service, including, but not limited, images, outfits, photos, comments, suggestions etc. Be aware that any content you upload to publicly accessible portions of the Service will be available to other users of the Service. Please be sure that you post only content that you are comfortable with sharing and we strongly recommend you avoid submitting any content that reveals any personal information of your life.  When uploading content such as pictures of items, we will make substantial efforts to erase the background using appropriate technical measures, under the license you have granted us as detailed below. We cannot promise however that this will always be achievable.

You retain ownership of the intellectual property rights you have in your content, but in order to provide you with our services, you grant us a worldwide, royalty-free, irrevocable, non-exclusive, transferable, and sublicensable license to host, use, copy, modify, reproduce, distribute, store, perform, translate and display your content and to create derivative works. You also agree that we may remove metadata associated with your content. You can delete content you have posted at any time, but the images of items you have uploaded to the app are retained, after they have been anonymised, for the purpose of training our machine learning algorithms.

You may only post content that you have the full right and authority to post and does not constitute a violation of existing laws, these terms and conditions and our Privacy Policy. When you submit content you represent and warrant that:  a) you own the content that you post or upload or otherwise have all rights, power, and authority necessary to grant the rights to your content contained within these Terms and Conditions and b) your content does not violate or infringe any third’s party rights, including but not limited to trademarks, copyrights or any other intellectual property rights, privacy rights. You acknowledge and agree that we do not exercise any control or advisory powers with regards to any rights held by third parties.

You also agree not to submit any illegal content and any specifically forbidden or inappropriate content, as specified under article 5 “NOT PERMITTED ACTIVITIES”. All submitted content is at the sole responsibility of you and is posted at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user’s content or communications/opinions posted or expressed via the platform. We are not responsible of the content that users submit to the platform and our services.

Once we become aware of suspected illegal content in our application, we take a number of measures to control this content, and in case it is found to be illegal content, we are entitled to withdraw it and disable access to it and/or suspend the provision of our services and/or terminate the user’s account, if the user does not comply with these terms or violates EU or Greek law.

We may also carry out our own initiatives investigations to detect any illegal content on our platform or upon notice from third parties in order to detect, identify and withdraw illegal content or disable access to it.

We encourage you to report content or conduct that you believe violates these Terms at vong@zelus.gr.

8. THIRD PARTY CONTENT AND SITES

Our services may contain or reference links to websites operated by third parties for your convenience. Third-Party content is not under our control and we are not responsible for it or for any third party’s websites, products, or services. We are not liable for the accuracy, completeness, correctness and reliability for the content of third parties web services nor we endorse it. We are also not responsible for any link contained in a third party website.  In no event will we be responsible for the information contained in such third party website or for your use of or inability to use such website. Your use of third-party content is at your own risk, and you should be aware that by accessing any third party website you are subject to the terms and conditions and privacy policies of that third – party website. We are not responsible for such provisions, and expressly disclaim any liability related to your use of third party website.

9. PRIVACY AND DATA PROTECTION 

Your personal data is collected and processed in accordance with the GDPR and the applicable laws. All provisions governing your right to privacy and data protection are outlined in a separate document (‘Privacy Policy’) and are an integral part of these Terms and Conditions. You may find our Privacy Policy here.

10. INTELLECTUAL PROPERTY

We are the owner or the licensee of all Intellectual Property Rights related to our content (VÒNG content) – including all appurtenances – of our app and services, with the exception of all documents, information, content and other elements (user content) received or uploaded by the user. Our app and services may also contain names of other companies, products and services which could be trademarks or service marks owned by their respective owners. We grant users a non-exclusive, non-transferable and non-sublicensable right to use our services and app and their content in accordance with these terms and conditions and nothing stipulated in these Terms shall be interpreted, either expressly or implied, as transferring ownership of Intellectual Property Rights of us to users.

Having regard to the provisions of the preceding paragraphs, the user shall not copy, analyze, decompile, make public, distribute, exploit, transfer to third parties, change or create derivative works of any content encumbered with Intellectual Property Rights, unless expressly permitted by us. 

11. DISCLAIMER 

Our app and services are provided on an “as-is” and “as available” basis. You agree that you use our services and their content at your sole risk, and we are not responsible for any use of or reliance on our services or for any interruptions or delays in the services provided. 

We do not guarantee or warrant you the results that you may obtain from the use of our services and we do not warrant that our services will meet your requirements. 

We expressly disclaim all warranties, express or implied, as to our service, content and products included or accessible from the service, conditions and/or representations, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the fullest extent permitted under applicable law.

We make no representations or warranties as to the accuracy, completeness, correctness, quality, reliability, currency, of any information found on our app or obtained through the use of our services.  Although we make every effort to provide you with accurate and up-dated information through our services, we cannot guarantee that. You always have to do your own research and exercise your own judgment before deciding if something meets your needs and criteria.  

We do not warrant the adequacy of our Services or their compatibility with your computer equipment, mobile devices or environment, and do not warrant that our services, its servers or any emails that may be sent by us are free of viruses or other harmful components. 

We do not represent or warrant that the service will be error free or uninterrupted. Every effort is made to keep our services running smoothly, however we take no responsibility for, and will not be liable for, our service being temporarily unavailable due to technical issues beyond our control. In addition, we may temporarily suspend or limit the operation of our app for maintenance or updated purposes. In such cases you are not entitled to any compensation. 

You acknowledge and agree that we are not responsible or liable, directly or indirectly, when you use third party services.

12. LIMITATION OF LIABILITY 

To the maximum extent permitted under applicable law, we limit our liability that may apply to our service and its content provided that nothing in these terms will be construed to limit or exclude any liability that cannot be excluded or limited by law. We or our directors, officers, employees, affiliates, agents, will not be liable to you for any actual, incidental, consequential or indirect loss or damage of any kind (including but not limited economic, special, punitive) and in any way caused, whether in contract, tort (including negligence) or otherwise, regardless of whether the loss or damage was foreseeable, arising from or related to : a) our services, including your use, misuse or inability to use our services b) our content,  c) user content. We are not responsible or liable for the acts or omissions of a user related to the use of our services, nor are we responsible or liable for the user’s content and we do not verify any content (including but not limited, the reliability, accuracy, trueness, lawfulness) uploaded by a user to our app.

We will not be liable to you for any loss of money or profits, lost opportunities, lost savings, loss or destruction of or damage to data, damage to your computer systems or mobile device or any other equipment by technologically harmful material (such as viruses, bugs, malware, ransomware, spyware etc.).

We are not responsible and we cannot be held liable for errors and omissions in the operation of our app and services, or for events of a delay, defect or error in data transmission.

13. INDEMNIFICATION 

You agree to defend, indemnify and hold us and our service providers harmless, from and against any and all claims, damages, liabilities, losses, obligations, costs or expenses (including, but not limited to, attorney’s fees) arising from:

(i) your use of and access to our services and your content;
(ii) your violation of these terms and conditions, laws and regulations;
(iii) your violation of any third party, including without limitation any intellectual property, proprietary or privacy rights;
(iv) your violation of other users’ rights.

We will use reasonable efforts to notice to you of any such claim, suit, or proceeding. We reserve 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 our defense of such matter.

14. VALIDITY 

If any provision of these Terms and Conditions is declared invalid by a competent authority, the invalidity of such provision shall not affect the validity of the remaining terms hereof, which shall remain in full force and effect.

15. WAIVER

Any failure to exercise any of our rights under these Terms and Conditions shall not constitute a waiver of such right nor shall it be construed as a waiver of future compliance with these Terms and these Terms and Conditions shall remain in full force and effect and enforceable.

16. APPLICABLE LAW

These Terms and Conditions are governed and supplemented, where necessary, by Greek and EU law, as well as by the relevant international treaties, while the courts of the city of Athens shall have jurisdiction.

Our aim is that any disputes that may arise from the use and / or interpretation and application of these Terms and Conditions  and our services are resolved amicably and out of court. For this reason, in case you as a user find any element or information problematic from a legal and/or ethical point of view in our content and/or services, please inform us at our e-mail address info@zelus.gr.