Terms and Conditions of Neatsy

These Terms govern

the use of Neatsy, and, any other related Agreement or legal relationship with the Owner in a legally

binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the

Owner and Users, Users acknowledge and agree that, where Neatsy has been provided to them via the

Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Neatsy is provided by:

Neatsy inc.

101 Jefferson Dr,

Menlo Park, California, 94025,

Owner contact email: info@neatsy.ai

The following documents are incorporated by reference into these Terms:

Health Features Disclaimer

Neatsy encourages you to consult with your healthcare provider before using the Service. You represent

that you are in good enough health to begin using the Service, which may include changes to your diet or

level of physical activity, among other things. If you have been diagnosed with a health condition that

may be impacted by the Service, you represent that you have obtained express approval from a

healthcare professional to use the Service. The Service requires your active engagement and

participation. You understand that, despite your efforts, individual users’ results will vary for a variety of

reasons and Neatsy cannot guarantee that you will achieve your health goals.

THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE BY NEATSY OR ANY THIRD PARTY.

NEATSY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR SPECIALISTS ARE NOT ACTING IN A

HEALTH CARE PROFESSIONAL CAPACITY. OUR SPECIALISTS DO NOT PROVIDE ANY MEDICAL OR CLINICAL

SERVICES AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE, OR CONDITION. NEATSY

AND OUR SPECIALISTS DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL

CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL

CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION, OR THERAPY

BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR SPECIALISTS.

CONSULTATION WITH OUR SPECIALISTS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY

YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR

HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH

CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY

MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SPECIALISTS IS OFFERED FOR

INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG,

DEVICE, OR TREATMENT, OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE, OR TREATMENT IS

SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE, OR

TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL

MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION

WITH THE SERVICE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY

QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN

YOUR CONDITION OR HEALTH STATUS. THE SERVICE DOES NOT INCLUDE EMERGENCY, TIME-SENSITIVE

OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY,

CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

Shoes fit disclaimer

Neatsy analyzes data on the preferences of different customers and tests how convenient it will be for

people with different parameters to use a certain pair of shoes. Based on overall data analysis, the

average values are rendered as output. There is a possibility of statistical error, and individual

preferences may differ from the average preferences.

In case the shoes don’t fit you, you can contact the store and get a refund or exchange the shoes for the

ones of different sizes in accordance with the legislation of the seller and(or) the buyer.

Neatsy cannot influence the seller in questions of the shoe exchange or the refund questions.

Neatsy does not bear the responsibility for the fact that the recommended pair of shoes don’t fit you.

Termination of Service

You agree that Neatsy in its sole discretion, has the right (but not the obligation) to delete or deactivate

your account, block your email or IP address, or otherwise terminate your access to or use of the Service

(or any part thereof), immediately and without notice, and remove and discard any Content within the

Service, for any reason, including, without limitation, if Neatsy believes that you have violated these

Terms. Further, you agree that Neatsy shall not be liable to you or any third party for any termination of

your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Third-Party Research

Neatsy does not sell user data to third parties. We give users the option to export their own data and

share it with third parties if they wish to do so. Neatsy may share aggregated and/or anonymized user

data, which cannot be reasonably used to identify you, with third parties for research purposes if such

research can help us provide our users with better services or improve the app’s functionality. We also

reserve the right to use aggregated, statistically reworked, and/or anonymized user data, which cannot

be reasonably used to identify you, to publish research that contributes to open science.

Neatsy is not a medical app and is not intended for medical purposes of any kind. Our analysis of the

condition of your feet (incl. but not limited to flat feet, pronation, hallux valgus) and other lifestyle data

is intended to be used for recreational purposes only, to help you live a healthier life. It should not be

assumed to be exceptionally accurate and can not be used for any medical purposes or to diagnose,

treat, cure or prevent any disease or condition.

What the User should know at a glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly

called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within

this document.

Please note that some provisions in these Terms may only apply to certain categories of Users. In

particular, certain provisions may only apply to Consumers or to those Users that do not qualify as

Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence

of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Neatsy.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are

additionally indicated within this document.

By using Neatsy, Users confirm to meet the following requirements:

● There are no restrictions for Users in terms of being Consumers or Business Users;

● Users aren’t 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;

● Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

● Users do not use Service for commercial purposes without entering into a commercial agreement;

● Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect

personally identifiable information from anyone under the age of 18. If you are a parent or guardian

and you are aware that your Child has provided us with Personal Data, please contact us. If we

become aware that we have collected Personal Data from children without verification of parental

consent, we will take steps to remove that information from our servers.

Account registration

To use the Service Users must register or create a User account, providing all required data or

information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are

also required to choose passwords that meet the highest standards of strength permitted by Neatsy.

By registering, Users agree to be fully responsible for all activities that occur under their username and

password.

Users are required to immediately and unambiguously inform the Owner via the contact details

indicated in this document, if they think their personal information, including but not limited to User

accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Conditions for account registration

Registration of User accounts on Neatsy is subject to the conditions outlined below. By registering, Users

agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Unless otherwise specified, each User must register only one account.

Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice,

User accounts which it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation,

damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User

from paying any applicable fees or prices.

Content on Neatsy

Unless otherwise specified or clearly recognizable, all content available on Neatsy is owned or provided

by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Neatsy infringes no

applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a

result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are

kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use

of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth

below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third

parties, or create derivative works from the content available on Neatsy, nor allow any third party to do

so through the User or their device, even without the User's knowledge.

Where explicitly stated on Neatsy, the User may download, copy and/or share some content available

through Neatsy for its sole personal and non-commercial use and provided that the copyright

attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Neatsy.

By providing content to Neatsy, Users confirm that they are legally allowed to do so and that they are not

infringing any statutory provisions and/or third-party rights.

Rights regarding the content provided by Users

Users acknowledge and accept that by providing their own content on Neatsy they grant the Owner a

non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and

maintenance of Neatsy as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they

provide to Neatsy.

Users acknowledge, accept and confirm that all content they provide through Neatsy is provided subject

to the same general conditions set forth for content on Neatsy.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Neatsy. Users

acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own

discretion and to, without prior notice, deny the uploading User access to Neatsy:

● if any complaint based on such content is received;

● if a notice of infringement of intellectual property rights is received;

● upon order of a public authority; or

● where the Owner is made aware that the content while being accessible via Neatsy, may represent

a risk for Users, third parties, and/or the availability of the Service.

The removal, deletion, blocking, or rectification of content shall not entitle Users that have provided

such content or that are liable for it, to any claims for compensation, damages, or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered

due to content they provided to or provided through Neatsy.

Access to external resources

Through Neatsy Users may have access to external resources provided by third parties. Users

acknowledge and accept that the Owner has no control over such resources and is therefore not

responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any

possible grant of rights in content, result from each such third parties’ terms and conditions or, in the

absence of those, applicable statutory law.

Acceptable use

Neatsy and the Service may only be used within the scope of what they are provided for, under these

Terms and applicable law.

Users are solely responsible for making sure that their use of Neatsy and/or the Service violates no

applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate

interests including by denying Users access to Neatsy or the Service, terminating contracts, reporting any

misconduct performed through Neatsy or the Service to the competent authorities – such as judicial or

administrative authorities - whenever Users engage or are suspected to engage in any of the following

activities:

● violate laws, regulations, and/or these Terms;

● infringe any third-party rights;

● considerably impair the Owner’s legitimate interests;

● offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Neatsy, as part of the Service, are provided on the basis of payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and

in the dedicated sections of Neatsy.

To purchase Products, the User must register or log into Neatsy.

Product description

Prices, descriptions, or availability of Products are outlined in the respective sections of Neatsy and are

subject to change without notice.

While Products on Neatsy are presented with the greatest accuracy technically possible, representation

on Neatsy through any means (including, as the case may be, graphic material, images, colors, sounds) is

for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps that are taken from choosing a Product to order submission form part of the purchasing

process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.

After having reviewed the information displayed in the purchase selection, Users may place the order by

submitting it.

Order submission

When the User submits an order, the following applies:

The submission of order determines contract conclusion and therefore creates for the User the

obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.

In case the purchased Product requires active input from the User, such as the provision of personal

information or data, specifications, or special wishes, the order submission creates an obligation for the

User to cooperate accordingly.

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided

by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes,

and costs (including, if any, delivery costs) that they will be charged.

Prices on Neatsy are displayed:

either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is

browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or

discount shall always be subject to the eligibility criteria and the terms and conditions set out in the

corresponding section of Neatsy.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the

future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an

offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated

in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If a breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its

contractual obligations and expressly reserves the right to take appropriate legal action to protect its

rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon

displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

Each Coupon is only valid when used in the manner and within the timeframe specified on the website

and/or the Coupon;

A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not

permitted;

Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may

only be applied a single time even in cases involving installment-based purchases;

A Coupon cannot be applied cumulatively;

The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the

Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights,

including cash-out;

The User is not entitled to any credit/refund/compensation if there is a difference between the value of

the Coupon and the redeemed value;

The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting, and

commercial trade of the Coupon are strictly forbidden, along with any illegal activity related to the

purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases,

related information can be found in the dedicated section of Neatsy.

All payments are independently processed through third-party services. Therefore, Neatsy does not

collect any payment information – such as credit card details – but only receives a notification once the

payment has been successfully completed.

If payment through the available methods fails or is refused by the payment service provider, the Owner

shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the

failed or refused payment shall be borne by the User.

Purchase via an app store

Neatsy or specific Products available for sale on Neatsy must be purchased via a third-party app store. To

access such purchases, Users must follow the instructions provided on the relevant online store (such as

"Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such

third-party's terms and conditions, which, in case of any inconsistency or conflict, shall always prevail

upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions

of sale carefully and accept them.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by

the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Neatsy or

as communicated before the order submission.

Contract duration

Trial period

Users have the option to test Neatsy or selected Products during a limited and non-renewable trial

period, at no cost. Some features or functions of Neatsy may not be available to Users during the trial

period.

Further conditions apply to the trial period, including its duration, which will be specified on Neatsy.

The trial period shall end automatically and shall convert into paid Product after a specified time period.

All conditions are specified on Neatsy.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of

time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure

to do so may cause service interruptions.

Subscriptions handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by

using the relevant process on Neatsy. When doing so, Users acknowledge and accept that:

● any payment due shall be charged to their Apple ID account;

● subscriptions are automatically renewed for the same duration unless the User cancels at least 24

hours before the current period expires;

● any and all fees or payments due for renewal will be charged within 24-hours before the end of the

current period;

● subscriptions can be managed or canceled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination

notice to the Owner using the contact details provided in this document, or — if applicable — by using

the corresponding controls inside Neatsy.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous

termination notice to the Owner using the contact details provided in this document. Terminations shall

take effect 21 days after the notice of termination has been received by the Owner.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period

specified below (generally 14 days), for any reason and without justification. Users can learn more about

the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a

statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance

contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their

intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of

this document. Users are, however, free to express their intention to withdraw from the contract by

making an unequivocal statement in any other suitable way. In order to meet the deadline within which

they can exercise such rights, Users must send the withdrawal notice before the withdrawal period

expires.

When does the withdrawal period expire?

Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the

contract is entered into unless the User has waived the withdrawal right.

In case of purchase of digital content not supplied in a tangible medium, the withdrawal period expires

14 days after the day that the contract is entered into unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to

the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the

least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from

the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless

otherwise agreed with the User, reimbursements will be made using the same means of payment as

used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result

of such reimbursement.

On the purchase of services

Where a User exercises the right of withdrawal after having requested that the service be performed

before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion

to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the

part of service provided until the time the User withdraws, compared with the full coverage of the

contract.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

● for the supply of digital content which is not supplied on a tangible medium if the performance

has begun with the consumer’s prior express consent and with their acknowledgment that their

right of withdrawal is thereby lost;

● for the provision of services, after the service has been fully performed if the performance has

begun with the consumer’s prior express consent, and with their acknowledgment that their

right of withdrawal is lost once the contract has been fully performed;

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or

remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar

State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable

right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a

non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at

the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having

the services supplied again.

US Users

Disclaimer of Warranties

Neatsy is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk.

To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions,

representations, and warranties — whether express, implied, statutory, or otherwise, including, but not

limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement

of third-party rights. No advice or information, whether oral or written, obtained by the user from the

owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents,

co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or

correct; that the Service will meet Users’ requirements; that the Service will be available at any

particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that

the Service is free of viruses or other harmful components. Any content downloaded or otherwise

obtained through the use of the Service is downloaded at users' own risk and users shall be solely

responsible for any damage to Users’ computer system or mobile device or loss of data that results from

such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service

advertised or offered by a third party through the Service or any hyperlinked website or service, and the

Owner shall not be a party to or in any way monitor any transaction between Users and third-party

providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browsers, mobile

devices, and/or operating systems. The owner cannot be held liable for any perceived or actual damages

arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain

implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific

legal rights, and Users may also have other rights which vary from state to state. The disclaimers and

exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries,

affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for:

● any indirect, punitive, incidental, special, consequential or exemplary damages, including without

limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or

relating to the use of, or inability to use, the Service; and

● any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use

of the Service or User account or the information contained therein;

● any errors, mistakes, or inaccuracies of content;

● personal injury or property damage, of any nature whatsoever, resulting from User access to or use

of the Service;

● any unauthorized access to or use of the Owner’s secure servers and/or any and all personal

information stored therein;

● any interruption or cessation of transmission to or from the Service;

● any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

● any errors or omissions in any content or for any loss or damage incurred as a result of the use of

any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

● the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner,

and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and

employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in

an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12

months, or the period of duration of this agreement between the Owner and User, whichever is

shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable

jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other

basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,

therefore the above limitations or exclusions may not apply to the User. The terms give the User specific

legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The

disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent

prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers,

directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all

claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but

not limited to, legal fees and expenses, arising from:

● User’s use of and access to the Service, including any data or content transmitted or received by

User;

● User’s violation of these terms, including, but not limited to, User’s breach of any of the

representations and warranties set forth in these terms;

● User’s violation of any third-party rights, including, but not limited to, any right of privacy or

intellectual property rights;

● User’s violation of any statutory law, rule, or regulation;

● any content that is submitted from User’s account, including third party access with User’s unique

username, password or other security measures, if applicable, including, but not limited to,

misleading, false, or inaccurate information;

● User’s wilful misconduct; or

● statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners,

suppliers, and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of

any such right or provision. No waiver shall be considered a further or continuing waiver of such term or

any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for

maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether.

If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal

Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,

such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Neatsy and its Service

without the Owner’s express prior written permission, granted either directly or through a legitimate

reselling program.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Neatsy.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as

copyrights, trademark rights, patent rights, and design rights related to Neatsy are the exclusive property

of the Owner or its licensors and are subject to the protection granted by applicable laws or international

treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks,

illustrations, images, or logos appearing in connection with Neatsy are and remain, the exclusive

property of the Owner or its licensors and are subject to the protection granted by applicable laws or

international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the

Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not

wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms

may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can

obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into

force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights

or obligations under these Terms, taking the User’s legitimate interests into account. Provisions

regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the

written permission of the Owner.

Contacts

All communications relating to the use of Neatsy must be sent using the contact information stated in

this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable

law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining

provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent

reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms

constitute the entire Agreement between Users and the Owner with respect to the subject matter

hereof, and supersede all other communications, including but not limited to all prior agreements,

between the parties with respect to such subject matter. These Terms will be enforced to the fullest

extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do

their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby

substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the

applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular

provision of these Terms shall not nullify the entire Agreement unless the severed provisions are

essential to the Agreement, or of such importance that the parties would not have entered into the

contract if they had known that the provision would not be valid, or in cases where the remaining

provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant

section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual

residence in a country where the law provides for a higher consumer protection standard, such higher

standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies

with the courts of the place where the Owner is based, as displayed in the relevant section of this

document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in

Switzerland, Norway, or Iceland.

Definitions and legal references

Neatsy (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these

Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a

discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of

nationality.

Example withdrawal form

Addressed to:

Neatsy inc., 101 Jefferson Drive, Menlo Park, CA 94025

info@neatsy.ai

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the

provision of the following service:

_____________________________________________ (insert a description of the goods/services that

are subject to the respective withdrawal)

Ordered on: _____________________________________________ (insert the date)

Received on: _____________________________________________ (insert the date)

Name of consumer(s):_____________________________________________

Address of consumer(s):_____________________________________________

Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides Neatsy and/or the Service to Users.

Product

A good or service available for purchase through Neatsy, such as e.g. physical goods, digital files,

software, booking services, etc.

The sale of Products may be part of the Service.

Service

The service provided by Neatsy as described in these Terms and on Neatsy.

Terms

All provisions applicable to the use of Neatsy and/or the Service as described in this document, including

any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Neatsy.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more

generally, acts for purposes outside their trade, business, craft, or profession.

These Terms were last modified on _April 11th, 2022_.