All references to “You” or “Your,” as applicable, mean the person who subscribes and has access to the GlamAR SDK in any manner. If You use the GlamAR SDK on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms, Your acceptance to the Terms will be deemed to be an acceptance by that entity and “You” shall be referred to that entity or domain.
By acknowledging the use of our services or by subscribing to the GlamAR SDK, downloading, installing or otherwise having access to the software development kit, You agree that You have read and fully understood and agree to be bound by the Terms herein. If You do not agree with any of these Terms, we request You to not use the GlamAR SDK.
SCOPE OF SERVICES
The services offered by Fynd under these Terms includes access to our software development kit namely GlamAR SDK which is an augmented reality solution to help build a self-assisted try on experience that allows You to subscribe to the platform to enable Your customer to have a live makeup virtual try on experience with Your makeup products directly on Your mobile application.
GlamAR SDK is an augmented reality based solution to help build a real-time virtual try on experience for end consumers.
The above mentioned use of the GlamAR SDK shall be collectively known as “Services” and these Terms shall be applicable to Brand, Brand Users and to any third party who by any means has access to the GlamAR SDK.
In order to use the GlamAR SDK You must at least be 18 years old and are an authorised representative of Your organisation. You must be eligible for a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You may use it only with the involvement of a parent or guardian.
By agreeing to these Terms, You represent and warrant to us:
That You are at least 18 years old;
That You have not previously been suspended, banned, or removed from the use of GlamAR SDK; and
That Your registration and Your use of the GlamAR SDK is in compliance with any and all applicable laws and regulations.
You understand that Fynd is only a facilitator company and is providing Services in the form of the GlamAR SDK. Fynd shall in no event be liable or be accountable for any compliance with applicable laws for the time being in force. In addition to this Fynd being a facilitator company does not guarantee the quality of Your products uploaded on the GlamAR SDK and that You are solely responsible to independently verify all products uploaded on the GlamAR platform regarding Your products when using the Service (“Content”).
In order to access and use the Services on GlamAR SDK, You must register Yourself and maintain a GlamAR Account (Account) which will require You to provide Your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Fynd may reject your application for opening and Account or cancel an existing Account, for any reason, in our sole discretion.
You are responsible for maintaining confidentiality and security of the password and for all activities that occur in and through Your Account, and that Fynd and its affiliates/partners will not be liable for any loss or damage from Your failure to maintain the security of Your Account and password.
You will create the Account on behalf of an entity or firm or in Your individual capacity only if You are a natural person aged 18 years or above and competent to enter into a valid and binding contract.
You will not provide any false personal information to Fynd.
You shall ensure that the Account Information is complete, accurate and up-to-date at all times.
You acknowledge that Fynd will use the email address You provide on opening an Account or as updated by You from time to time as the primary method for communication with You.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with Your Account.
You shall not use any other user’s Account information or log into that user’s Account.
You will not share Your password or do anything that might jeopardize the security of Your Account.
On completing the registration process, You shall be entitled to access the GlamAR SDK and avail of the Services.
Your account, ID, and password may not be transferred or sold to another party.
You agree to immediately notify Fynd of any unauthorized use of Your account or any other breach of security known to You; and
You confirm that You are receiving Services as agreed between us.
ACCESS TO YOUR ACCOUNT
In order to ensure that Fynd is able to provide access to the GlamAR SDK as described in these terms and to respond to Your needs, and/or comply with any statute, law, bye-law, enactment, acts of legislature, regulation, ordinance, policy, treaty, rule, notification, direction, directive, guideline, requirement, license, rule of common law, order, decree, judgment, or any restriction or condition including any similar form of decision of, or determination, application or execution by, or interpretation or pronouncement having the force of law of, any governmental authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms or thereafter (Applicable Law), You hereby consent to let Fynd’s employees and/or agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
You agree to disclose to Fynd, and permit Fynd to use, Your log-in ID, password and such other account details with respect to Your Account(s) on the GlamAR SDK for limited purpose of resolving technical problems.
You also grant Fynd the right to disclose to its affiliates / partners / third parties, Your Account Information to the extent necessary for the purpose of rendering services under the GlamAR SDK.
USE OF SERVICES
GlamAR SDK offered by Fynd is a software development kit.
You agree to use the Services solely for the purpose for which the Services are provided and as mutually agreed with us.
You shall not (and shall not allow any third party to) during and after accessing the GlamAR SDK:
sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from the GlamAR SDK;
register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the GlamAR SDK;
reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the GlamAR Services;
remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included in the GlamAR SDK; and
remove, alter or obscure any proprietary notices provided in the Platform and/or the Services.
While accessing the GlamAR SDK, You agree not to submit or upload any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, Objectionable Matter).
You will be solely responsible for uploading or submitting any Objectionable Matter on the Platform and shall indemnify Fynd against any loss, expense, liability, claim sustained or incurred as a result of the Objectionable Matter.
Fynd reserves the right to adopt and amend rules for the permissible use of the GlamAR SDK at any time, and You shall be required to comply with such rules. You shall also be required to comply with all Applicable Laws regarding privacy, data storage etc., or any other policy of Fynd, as updated from time to time.
Fynd reserves the right to terminate Your account and Your access to the GlamAR SDK, without notice, if You commit any breach of this clause.
GlamAR SDK allows You to upload data/content to it. All user data uploaded or submitted by You to Your Account, shall be Your sole property. You retain all rights in the data uploaded by You to the GlamAR SDK and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data.
Fynd will use commercially reasonable security measures as required under Applicable Laws to protect Your data against unauthorized disclosure or use, but Fynd does not guarantee security of Your data. If Your data is damaged or lost, Fynd will use commercially reasonable means to recover such data. You agree that You are entering into this engagement in full knowledge of the same.
You shall not reverse engineer the GlamAR SDK or other technology, circumvent, disable or otherwise interfere with security-related features or any digital rights management mechanisms of the software development kit.
Subject to Your compliance with these Terms and payment of applicable fees, if any, Fynd grants You a limited license to access and make use of the GlamAR SDK offered by Fynd, but not to download or modify any portion of it.
This license use does not include any resale or commercial use of the GlamAR SDK; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading or copying of account information for the benefit of another seller. GlamAR SDK is copyrighted material, trademarks, or other proprietary information and may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.
RIGHTS OF FYND
We reserve the right to modify or terminate Your access to the GlamAR SDK for any reason, without notice at any time.
We reserve the right to refuse access to the GlamAR SDK to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered violate any of our existing policies.
We reserve the right to provide our services to Your competitors and make no promise of exclusivity in any particular market segment.
You will not use the GlamAR SDK:
build a competitive product or service and/or for obtaining a competitive advantage against Fynd,
make or have a product with similar source-code, features, functions or graphics of the Platform,
make derivative works based on the Platform / Services, or
copy any features, functions or graphics of the Platform / Services.
Fynd’s Confidential Information includes all information that You receive relating to us, or to the Services, that is not known to the general public including information related to our software development kit.
Each party agrees that it shall take all reasonable steps to protect its own proprietary information, other than:
by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or
as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
Confidential Information shall not include any information that the receiving party can prove was already in the public domain. Such information is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service.
Fynd is an intermediary as defined under the Information Technology Act, 2000. Fynd does not monitor or control any data or content uploaded by You on the GlamAR SDK. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that:
belongs to another person and to which You do not have any right;
is grossly harmful, misleading, harassing, defamatory, indecent, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force results in impersonation of any person or entity, or falsely states or otherwise misrepresents Your affiliation with a person or entity;
is someone’s identification documents or sensitive financial information contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states;
contains or relates to any Objectionable Matter.
Fynd reserves the right to suspend or terminate Your access to Your Account if You cause any disruption or harm to the Fynd infrastructure or to any third parties, or violate any Applicable Law. You hereby consent to let Fynd’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
SOFTWARE PROPRIETARY RIGHTS
You acknowledge and agree that all rights, titles and interests on the GlamAR SDK (original and any copies including translations, compilations, partial copies, modifications, and updates) shall always remain the intellectual property of Fynd. This includes the actual services, the copyright, the trademark, the distribution rights and all intellectual property rights.
You recognize that We regard the GlamAR SDK as its proprietary information and as confidential trade secrets of significant commercial value. You agree not to provide or to otherwise make available in any form the Services, or any portion thereof, to any person other than the designated officials without the prior written consent from Us. You further agree to treat the e-commerce platform/software solutions with at least the same degree of care with which You would treat your own confidential information and in no event with less care than reasonably required to protect the confidentiality of the GlamAR SDK.
You shall not in any way modify the GlamAR SDK without the prior written approval from Us.
You shall not copy, alter, modify or reproduce the GlamAR SDK except to the extent otherwise authorized by Us.
In addition to any other remedies available to the Company any unauthorized use, alteration, modification, reproduction, publication, disclosure or transfer of the GlamAR SDK will entitle the Us to any available equitable remedy against You.
You acknowledge that there is no transfer of title or ownership to You of GlamAR SDK or any modification or updates to the GlamAR SDK.
We do not claim any intellectual property rights over the materials provided to us. All materials You upload remain Yours.
By uploading materials, You agree: (a) to allow other internet users to view the materials you post publicly; (b) to allow Fynd, and in the case of materials you post publicly, display and use Your materials; and (c) that Fynd can, at any time, review and delete all the materials submitted to its Service, although Fynd is not obligated to do so.
You retain ownership over all materials that You upload while using the Services; however, by making Your webstore (an application derived out of GlamAR SDK) public, you agree to allow others to view materials that You post publicly to Your Store. You are responsible for compliance of the materials with any applicable laws or regulations.
NO REVERSE ENGINEERING
UPDATES TO SOFTWARE
In order to keep the GlamAR SDK up-to-date, we may offer automatic or manual updates at any time and without notice to You.
USER CONDUCT AND OBLIGATIONS
We expect You to observe a certain degree of courtesy and professionalism.
You must use the Services responsibly in the following manner:
Before entering its data and information, You are obliged to check the same for viruses or other harmful components and to use state of the art anti-virus programs for this purpose. In addition, You shall be solely responsible for the entry and the maintenance of Your customer’s data.
Any misuse of the Services shall not be tolerated and You shall not:
copy, modify, host, stream, sublicense, copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the resell the Services;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
bypass any security or other features of the GlamAR SDK,
perform any fraudulent activity, including impersonating any person or entity, distributing, falsely state or misrepresent with a person/company/brand/entity, selling counterfeit makeup or skincare products or otherwise using this Services for sale or promotion of Your products that are not in compliance with applicable laws and regulations;
decipher, reverse engineer, decompile or disassemble the GlamAR SDK in whole or in part, or authorize, direct, or cause a third party to do so;
engage in behavior that violates anyone’s intellectual property rights including but not limited to copyright, trademark, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
use, display, mirror, frame or utilize framing techniques to enclose the GlamAR SDK or any portion thereof, unless and solely to the extent Perfect makes available the means for embedding any part of the Platform;
use the GlamAR SDK in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party,
introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the GlamAR SDK; or
use any data mining or similar data gathering and extraction methods in connection with the Services.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the extent permitted by applicable laws, Fynd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
Your use of the GlamAR SDK is at Your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Fynd does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Fynd does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Fynd does not warrant that the quality of any products, services, information, or other materials purchased or obtained by You through the Services will meet Your expectations, or that any errors in the Services will be corrected.
At any time Fynd liability shall not exceed one year annual service as agreed between the parties.
WAIVER, SEVERABILITY AND COMPLETE AGREEMENT
PRICING FOR SERVICES
This is a free service upto ten stock keeping units (hereinafter referred to as “SKU” or “SKUs”). Thereafter, this is a paid version depending on the SKUs. You will be liable to pay following pricing depending on the requirements of Your organisation.
Below mentioned pricing shall be exclusive of all applicable taxes.
Above mentioned prices are subject to changes, we would request you to please refer https://glamar.io/ from time to time for a complete update on pricing. Further, please refer to the website for complete details on each plan details. Please note Fynd is free to make changes to pricing and each of the above mentioned plans at its discretion.
Under the Starter and Growth plans, You give permission to Fynd to add GlamAR branding on Your modules and image/ video downloads. Further, under Enterprise and Unlimited plans You have an option of "whitelabelling the solution". This can be activated through a checkbox in the admin panel.
Towards billing and payments, Fynd will be integrated into stripe: https://stripe.com/ which accepts credit and debit cards across multiple countries around the world.
The Services are provided to You via the internet and/or cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet shall apply (over and above the Fees) while accessing the GlamAR SDK. You accept responsibility for all such charges that may arise due to Your use of the GlamAR SDK.
Fynd does not provide refunds.
CANCELLATION AND TERMINATION
You may cancel Your Account and terminate the Service at any time by contacting Fynd Support. Upon termination of the Services by either party for any reason:
Fynd will cease providing You with the Services and You will no longer be able to access your Account;
Any outstanding balance owed to Fynd for Your use of the Services through the effective date of such termination will immediately become due and payable in full.
If at the date of termination of the Service, there are any outstanding Fees owned by You, You will receive one final invoice via email. Once that invoice has been paid in full, You will not be charged again.
Without limiting any other remedies, Fynd may suspend or terminate Your Account if we suspect that You have been engaged in fraudulent activity in connection with the use of the Services.
We may change or terminate Your account at any time. Any fraud and we will suspend or terminate Your account.
RIGHTS OF THIRD PARTIES
COMMENTS RECEIVED ON E-COMMERCE PLATFORM
Users of the GlamAR SDK may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights.
In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content Fynd reserves the right to remove such a comment and can also terminate Your permission to access or use this website. It shall be Fynd’s sole discretion in this regard.
If You believe that any content on the website is illegal, offensive but not limited to material that is sexually explicit content or which promotes racism, is deceptive, misleading, abusive, indecent, defamatory, obscene, pornographic, otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or which consists of or contains software viruses, please notify us immediately.
Once this procedure has been followed, Fynd will make all reasonable endeavours to remove such content complained about within a reasonable time.
You acknowledge and undertake that You are accessing the GlamAR SDK at Your own risk and are using Your best and prudent judgment before entering into any transactions through the GlamAR SDK.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
Fynd will not be responsible for any business loss or any other indirect or consequential loss that is not reasonably foreseeable to both You and us when You use the GlamAR SDK.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
Any dispute or difference arising out of or in connection with these Terms or its performance, including any question regarding its existence, validity or termination (each, a Dispute), shall be first attempted and settled by the mutual consultation and negotiation between You and Fynd and in the event of failure to reach an amicable settlement of the Dispute within a period of 30 Business Days from the date of delivery of notice of Dispute, You or Fynd shall be entitled to refer the Dispute to arbitration by giving written notice to the other and both shall mutually determine the manner for the appointment of an arbitrator in accordance with the Arbitration and Conciliation Act,1996. The language of the arbitration shall be English. The seat and the venue of the arbitration shall be Mumbai, Maharashtra, India. An award rendered by the arbitrator shall be final and binding upon You and Fynd.
Fynd shall be under no liability whatsoever in case of occurrence of a Force Majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, security breach, technological disruptions, restrictions on the Platform and/or Services due to any change of any Applicable Law, failure of technology integration of partners or any other cause whatsoever, beyond the control of Fynd (Force Majeure Event).
Further, in case of a Force Majeure Event, Fynd shall not be liable for any breach of security or loss of data uploaded by You on the GlamAR SDK.
If You are unhappy with any content please notify us officially immediately by sending an email to firstname.lastname@example.org.