Terms of Service

Last updated: 2025.01.01

1. Introduction

Welcome to Klamotty ("App"). These terms of service ("Terms") govern your use of the App, which is operated by Vivien Annett Hoffmann ("we", "us", "our"), Lindenstr. 17, 01623 Lommatzsch, registered in Germany. By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App. We reserve the right to update these terms of service at any time. We will notify you of any material changes by posting the new terms on the App and updating the "Last Updated" date at the top of this document. Your continued use of Klamotty after the posting of the revised terms means that you accept and agree to the changes.

2. Account Creation

2.1 Eligibility

You must be at least 18 years old to create an account and use the App. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Information

To create an account, you must provide a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Account Security

We are not liable for any loss or damage arising from your failure to comply with the above requirements. You may be held liable for losses incurred by us or any other user of the App due to someone else using your account as a result of your failure to keep your account information secure and confidential.

3. User Responsibilities

3.1 Prohibited Activities

You agree not to use the App for any illegal activities, including but not limited to: • Engaging in any activity that violates any law, statute, ordinance, or regulation. • Committing fraud or engaging in deceptive practices. • Uploading or transmitting any viruses, malware, or any other harmful code. • Harassing, abusing, or threatening other users. • Infringing upon the intellectual property rights of others.

3.2 Data Accuracy

You are responsible for ensuring the accuracy of all information you provide to the App, including your clothing inventory, journal entries, and outfit feedback. The App provides recommendations based on the data you provide and meteorological conditions, but cannot verify the accuracy of your input.

4. App Features and Services

4.1 Clothing Recommendations

The App provides personalized clothing outfit recommendations based on meteorological conditions and your preferences. These features include: • Weather-based outfit recommendations • Clothing journal to track your outfits • Inventory management for your clothing items • Public wishlist based on your inventory

4.2 Location Services

To provide weather-based recommendations, the App collects and uses your location data. You can control location permissions through your device settings. Without location access, certain features of the App may not function properly.

5. IMPORTANT DISCLAIMER REGARDING RECOMMENDATIONS

5.1 Recommendations Are Advisory Only THE CLOTHING RECOMMENDATIONS PROVIDED BY KLAMOTTY, WHETHER PERSONALIZED OR GENERAL, ARE INTENDED AS A STARTING POINT AND SUGGESTION ONLY. THEY ARE NOT PROFESSIONAL MEDICAL OR SAFETY ADVICE. 5.2 Parental Responsibility IF YOU ARE USING THE APP TO DRESS CHILDREN, YOU ACKNOWLEDGE AND AGREE THAT: • YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR CHILD'S BODY TEMPERATURE, COMFORT, AND WELL-BEING AT ALL TIMES. • CHILDREN'S TEMPERATURE REGULATION VARIES SIGNIFICANTLY BETWEEN INDIVIDUALS. • YOU MUST USE YOUR OWN JUDGMENT AND EXPERTISE AS A PARENT OR GUARDIAN. • THE APP'S RECOMMENDATIONS SHOULD NOT REPLACE YOUR OWN ASSESSMENT OF YOUR CHILD'S NEEDS. 5.3 Limitation of Liability for Recommendations WE ARE NOT RESPONSIBLE FOR ANY HARM, INJURY, ILLNESS, DISCOMFORT, OR ANY OTHER TROUBLES CAUSED BY FOLLOWING THE APP'S RECOMMENDATIONS. THIS INCLUDES BUT IS NOT LIMITED TO: • Hypothermia or overheating • Weather-related illnesses • Discomfort or inappropriate dressing for conditions • Any physical or health-related consequences BY USING THIS APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU USE THE RECOMMENDATIONS AT YOUR OWN RISK AND ACCEPT FULL RESPONSIBILITY FOR ALL DECISIONS MADE BASED ON THOSE RECOMMENDATIONS.

6. Payment and Subscription

6.1 Pricing Model

The App operates on a one-time payment basis with a 14-day free trial period. After the trial period, a one-time payment is required to continue using the App. Current pricing information is available on our website.

6.2 Free Trial

New users are eligible for a 14-day free trial period. During this period, you have full access to all App features. If you do not wish to continue after the trial, you must cancel before the trial period ends to avoid being charged.

6.3 Payment Methods

Our payment process is conducted by Creem.io. Creem.io is the Merchant of Record for all our payments. Creem provides all customer service inquiries related to payments and handles payment-related issues.

6.4 Refund Policy

Refund policies are handled separately from these Terms. Please refer to our refund policy documentation for detailed information on how refunds are processed.

7. Privacy and Data Protection

7.1 Data Collection

We collect and store: • Your email address for account management and communications • Your location data to provide weather-based recommendations • Your clothing inventory and item details • Your journal entries and outfit records • Your outfit feedback and preferences • Weather preferences and settings

7.2 Data Usage

We use the collected data solely to: • Provide personalized clothing recommendations based on weather conditions • Maintain your clothing inventory and journal • Generate your public wishlist • Improve our recommendation algorithms • Communicate with you regarding your account and service updates

7.3 Data Sharing

We do not sell your personal data to third parties. We may share your data only: • With service providers necessary to operate the App (e.g., weather data providers, hosting services) • When required by law or to protect our rights • Your public wishlist data, which you explicitly choose to make public For more detailed information about our data practices, please refer to our Privacy Policy.

8. App Usage

8.1 Availability

We strive to keep the App available at all times, but we cannot guarantee uninterrupted access to the App. There may be times when the App is unavailable due to maintenance, upgrades, weather data provider issues, or other reasons beyond our control.

8.2 Modifications

We reserve the right to modify, suspend, or discontinue the App or any of its features at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App.

8.3 Third-Party Services

The App integrates with third-party weather data services. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or functionality of these third-party services.

9. Intellectual Property

9.1 Ownership

The App, including all content, features, functionality, and recommendation algorithms, is owned by us and is protected by international copyright, trademark, and other intellectual property laws.

9.2 User Content

You retain ownership of your clothing inventory data, journal entries, and other content you create in the App. By using the App, you grant us a limited license to use, store, and process this content solely for the purpose of providing the App's services to you.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through arbitration in accordance with the rules of the German Institution of Arbitration (DIS). The place of arbitration shall be Germany, and the language of arbitration shall be English.

11. Limitation of Liability

11.1 General Limitation

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: • Your use or inability to use the App. • Any unauthorized access to or use of our servers and/or any personal information stored therein. • Any interruption or cessation of transmission to or from the App. • Any errors or inaccuracies in the recommendations, weather data, or any other information provided by the App. • Any decisions made based on the App's clothing recommendations. • Any health-related issues, injuries, or discomfort resulting from following the App's recommendations.

11.2 Cap on Liability

In no event shall our aggregate liability for all claims relating to the App exceed the amount paid by you to us, if any, for the use of the App.

11.3 Weather Data Accuracy

We rely on third-party weather data providers. We do not guarantee the accuracy, completeness, or timeliness of weather information. Weather conditions can change rapidly and unpredictably, and you should always check current conditions and use your own judgment.

12. Termination

12.1 Termination by User

You may terminate your account at any time by following the instructions in your account settings or by contacting us at contact@klamotty.app.

12.2 Termination by Us

We reserve the right to terminate or suspend your account at our discretion, without prior notice, if you violate these Terms or if we believe termination is necessary to protect our interests or the interests of other users.

12.3 Effect of Termination

Upon termination of your account: • Access to the App will be immediately revoked • Your clothing inventory, journal entries, and other personal data will be deleted from our systems in accordance with our data retention policies • Your public wishlist will no longer be accessible We are not responsible for any loss of data resulting from the termination of your account. We recommend exporting any data you wish to keep before terminating your account.

13. Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT: • The App will meet your requirements or expectations • The App will be uninterrupted, timely, secure, or error-free • The recommendations provided will be accurate or appropriate for your specific situation • Any errors in the App will be corrected

14. Changes to Terms

14.1 Amendments

We may amend these Terms at any time by posting the amended terms on the App. Your continued use of the App after the effective date of the amended terms constitutes your acceptance of the amended terms. If you do not agree to the amended terms, you must stop using the App and may terminate your account.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the use of the App and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

If you have any questions or concerns about these Terms, please contact us at: Email: contact@klamotty.app Website: klamotty.app / klamotty.de Operator: Vivien Annett Hoffmann Lindenstr. 17 01623 Lommatzsch Germany

18. Language

These Terms are provided in English. If these Terms are translated into any other language, the English version shall prevail in case of any conflict between the different language versions.

19. Acknowledgment

BY USING KLAMOTTY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE IMPORTANT DISCLAIMERS REGARDING THE ADVISORY NATURE OF RECOMMENDATIONS AND YOUR RESPONSIBILITY TO MONITOR CHILDREN'S WELL-BEING.