THE TERMS AND CONDITIONS IN THIS STYLEMATCH SERVICE AGREEMENT (THE “AGREEMENT”) CREATE A CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND STYLEMATCH AND ITS AFFILIATES (“WE”, “US” OR “OUR”). PLEASE READ THIS AGREEMENT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, IN COURT PROCEEDINGS OR CLASS ACTIONS TO RESOLVE DISPUTES.

YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU WISH TO USE OUR STYLEMATCH SERVICES, AND BY CLICKING “AGREE” YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT AND GOVERN ALL TRANSACTIONS BETWEEN YOU AND STYLEMATCH UNTIL YOU OR WE TERMINATE IT PURSUANT TO SECTION 7 OF THIS AGREEMENT.

1.Overview

There are three service packages to choose from based on the size of Your wardrobe and the level of services You desire.  These are:

• Style Mini

• Style Midi; and

• Style Maxi.

Details of each of these packages can be found at www.stylematch.co./services. 

2.Closet Prep

If You choose to add closet prep to your styling package, a stylist assistant will arrive 1-3 hours before your scheduled styling appointment depending on the size of your current wardrobe. We will connect you directly with this stylist assistant upon receiving your booking request. 

• The styling assistant will prepare your clothes at your designated home address before your stylist arrives. Each stylist has specific directions, but in general this will include the following:

• Taking all clothes out of your closet and drawers

• Placing all clothes in categorized piles 

• Remove any items that are clearly damaged

• You’re responsible for keeping track of all items during the closet prep appointment. A stylist assistant is not Our employee.  She or he is a third party contractor and we accept no responsibility or liability for their actions.

3. Styling Service

A stylist is not Our employee. She or he is a third party contractor and we accept no responsibility or liability for their actions. During your styling service, your stylist will do a selection of the following:  

Review your clothing piece by piece as you try it on.

Separate your clothing into keep, tailor, sell, and donate piles.

Document the pieces you own with their sizes.

Create a list of “wardrobe gaps” to help focus shopping efforts.

Clearly communicate with you about why items work for you or do not work for you, in their professional opinion.  

• Clearly communicate with you about what items they plan to purchase to add to your wardrobe.

Reconfirm a clothing budget that you are comfortable with.

Purchased items will be shipped directly to your home. Stylematch will track the packages and notify you when everything has arrived. 

Your stylist will clearly communicate with you to schedule a follow-up try-on with the new purchases.

Stylematch will return all clothes that are not kept.

The Stylist will add newly purchased items to your wardrobe records.

The Stylist will create a set number of new looks for you (varies depending on package purchased).

These looks will be available for view in your Stylematch profile.

You are responsible for keeping all purchased clothes in returnable condition and You will be charged for any clothes that are lost or damaged before they are returned.

4. Termination; Denial of Service

You and We may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice, save that the provisions of Clause 11 will continue to apply (insofar as applicable). 

 At Stylematch, We value Our customers and are committed to providing a safe, respectful, and positive experience for You, as well as for the members of Our team. We reserve the right, in our sole discretion, to deny or terminate access to Our services of any customer who engages in behavior that negatively affects the holistic wellbeing of Our employees or the integrity of Our platform.

5. No Assignment

You may not assign this Agreement or any interest You have in it without Our prior written consent. Any prohibited assignment is null and void. This Agreement will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.

6. Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF OUR AND ANY STYLEMATCH SERVICES IS AT YOUR SOLE RISK. OUR AND ANY CLOSET PREP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR OR ANY STYLIST’S OR STYLIST ASSISTANT’S SERVICES WILL MEET YOUR REQUIREMENTS OR (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES OR FROM A STYLIST OR STYLIST ASSISTANT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

STYLEMATCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR SERVICES OR OUR WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES OR THIS AGREEMENT.

IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF PROVIDING OUR SERVICES TO YOU. 

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF OUR BUSINESS, AND WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. 

7. Indemnification

You will indemnify and hold Us harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Us as a result of or arising in any way out of Our delivery of Our services to You.

8. Governing Law

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and Stylematch, whether tort, contract, or statutory, will be governed exclusively by the laws of Tennessee, without regard to its conflicts of laws principles (whether of Tennessee or any other jurisdiction). Any Dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Tennessee and the United States, respectively, sitting in Nashville, Tennessee.

9. Amendments to this Agreement

We may update or change any of the terms and conditions of this Agreement at any time in Our sole discretion upon thirty (30) days’ notice. You will be bound by all revised terms on the effective date, unless You terminate this Agreement before the effective date of the revised terms. If You do not agree to any revised terms, Your sole recourse is to terminate this Agreement in accordance with “Termination; Denial Of Service” at Section 7 above before the effective date of the revised terms. 

10. Entire Agreement

Any terms, policies, or documents incorporated by reference, sets forth the final, complete, and exclusive agreement between You and Us regarding the subject matter hereof and terminates and supersedes all prior understandings or agreements on such subject matter. In the event there is a conflict between the terms of this Agreement and any terms or documents incorporated by reference, this Agreement will control.

11. No Implied Waiver

Any failure by You or Us to enforce any provision of this Agreement will not constitute a waiver of such provision or of any other provision of this Agreement.

Severability

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

Survival of Terms After Agreement Ends

Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on You or Us will survive the termination of this Agreement.

12. Headings

Headings used in this Agreement are provided for convenience only and will not be used to construe meaning or intent.

13. Notices

All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about this Agreement, the Service or wish to terminate this Agreement, please contact Us by email at: hello@stylematch.co.

We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.

 All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.

14. Dispute Resolution

PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

 (a) Scope 

For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”)  will be resolved by the processes and procedures described in this Section 19, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AND STYLEMATCH WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES RESOLVED IN COURT. 

 (b) Amicable Resolution 

In the event of a Dispute, You and Stylematch will first negotiate in good faith to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at hello@stylematch.co. The notice must specifically describe the nature of the Dispute and the relief You seek. You and Stylematch will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as You and Indyx may agree upon in writing). If the Dispute is not resolved satisfactorily within sixty (60) days after You or Stylematch receives notice from the other party in accordance with “Notices” at Section 18 above, You or Stylematch can submit the Dispute to binding arbitration in accordance with the arbitration provisions below. 

(c) Binding Arbitration 

Except for any controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” in Section 17(d) below), any Dispute that remains unresolved after You and Stylematch attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or Stylematch may commence confidential binding arbitration under the terms in this Section 17(c). The arbitration will be administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by this Agreement. The place of arbitration will be in Nashville, Tennessee. The arbitration will be conducted by a single arbitrator, selected by the AAA in accordance with the applicable Consumer Arbitration Rules. The arbitration may be held by teleconference or by video conference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the arbitrator. The arbitrator’s decision(s) shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

(d) Small Claims Court Option 

If You entered into this Agreement individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration. 

(e) CLASS ACTION AND LITIGATION WAIVER 

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER SHALL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION 17. 

(f) Severability. 

Should any portion of this Section 14 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section 14, which will remain in full force and effect. If the severance of any portion of Section 14 results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.

15. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or Your access to and use of the Service. Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.