Introduction

Welcome to What's My Shape. These Terms and Conditions govern your use of our website located at whatsmyshape.com (the "Website") and all related services, features, content, and applications offered by What's My Shape (collectively, the "Services").

Please read these Terms and Conditions carefully before using our Website or Services. By accessing or using our Website or Services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions, then you may not access the Website or use any Services.

Definitions

Throughout these Terms and Conditions, the following terms shall have the meanings defined below:

• "User" refers to the person or entity accessing or using the Website or Services.
• "Content" includes text, graphics, images, audio, video, software, data compilations, and any other form of information that appears on or is made available through the Website.
• "User Content" refers to any content, including images, that you upload, submit, or otherwise make available through the Services.
• "We," "Our," "Us," or "What's My Shape" refers to the operators and owners of this Website.

Eligibility

You must be at least 13 years old (or 16 years old if you are a resident of the European Union) to use our Services. By using our Services, you represent and warrant that you meet the age requirement and have the legal capacity to enter into these Terms and Conditions.

If you are using the Services on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms and Conditions.

Shape Identification Services

What's My Shape provides AI-powered tools designed to analyze and identify various physical characteristics, including but not limited to face shapes, eye shapes, lip shapes, ear shapes, eyebrow shapes, nose shapes, jawline shapes, and body shapes.

Our shape identification services are provided for informational and entertainment purposes only. The results and analyses provided by our Services:

• Are not intended to provide medical advice, diagnosis, or treatment
• Should not be considered as professional opinions or certified assessments
• May vary in accuracy depending on image quality, lighting, angle, and other factors
• Are algorithmic interpretations and may not always align with human expert opinions

We strive to improve our algorithms continuously, but we do not guarantee the accuracy, completeness, or usefulness of the results provided by our Services.

We do not store any images you upload to our Services. All image processing is done in real-time, and your images are not saved to any database or permanent storage.

User Content and License

When you upload images or other content to our Services, you retain ownership of your User Content. However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and improving our Services.

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person
• Your User Content does not contain material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense

We do not store your uploaded images in any database or permanent storage. All image processing is done in real-time, and images are automatically discarded after analysis.

Intellectual Property Rights

The Website and its original content (excluding User Content), features, and functionality are owned by What's My Shape and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of What's My Shape.

Nothing in these Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our prior written permission.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, threatening, intimidating, or causing distress or discomfort to any other user of our Services
• Impersonating or attempting to impersonate What's My Shape, a What's My Shape employee, another user, or any other person or entity
• Uploading invalid data, viruses, worms, or other software agents through the Services
• Interfering with or disrupting the integrity or performance of the Services or related servers or networks
• Attempting to gain unauthorized access to the Services, user accounts, computer systems, or networks connected to the Services
• Scraping, data-mining, or otherwise collecting information from the Services without our express written consent
• Using our Services to develop a competing product or service
• Reverse engineering, decompiling, or disassembling any portion of our Services

Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by What's My Shape.

What's My Shape has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that What's My Shape shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. What's My Shape expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

What's My Shape makes no warranty that:

• The Services will meet your requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Services will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations

No advice or information, whether oral or written, obtained by you from What's My Shape or through the Services shall create any warranty not expressly stated in these Terms and Conditions.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall What's My Shape, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid, if any, to What's My Shape for the Services during the 12 months preceding the event giving rise to the liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless What's My Shape, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services.

Data Protection and Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, explains how we collect, use, and protect your personal information.

By using our Services, you consent to the collection, processing, and storage of your data as described in our Privacy Policy. This includes:

• Images uploaded for shape identification analysis (processed in real-time and not stored)
• Usage data and analytics information
• Communication data (if you contact us)

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with processing your personal data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

For more detailed information about our data protection practices, please review our Privacy Policy.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.

Dispute Resolution

Any disputes arising out of or related to these Terms and Conditions shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation within 60 days, both parties agree to attempt to resolve the dispute through mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

Any legal action or proceeding relating to your access to or use of the Services shall be instituted in the state or federal courts located in Delaware, USA. You and What's My Shape agree to submit to the personal jurisdiction of these courts and waive any objection to venue in these courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Accessibility

What's My Shape is committed to making our Services accessible to all users, including those with disabilities. We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards in the development of our Website.

We recognize that our shape identification tools analyze physical characteristics, and we are committed to providing inclusive descriptions and alternatives where possible. We continuously work to improve the accessibility of our Services and welcome feedback on how we can enhance the user experience for everyone.

If you encounter any accessibility barriers or have suggestions for improvement, please contact us using the information provided in the Contact Us section.

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your use of our Services, you may simply discontinue using the Services.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• By email: [email protected]
• By visiting the contact page on our website