General Terms and Conditions

SARTIQ

Please read the following general terms and conditions ("General Terms and Conditions") carefully before using the Sartiq platform ("Platform"), as they contain important information in relation to your rights and related limitations of use.

The user who uses the Platform ("User") acknowledges having reviewed these General Terms and Conditions and agrees to be bound by them. Without such acceptance, the User is not authorized to use the Platform and is requested to delete it from his/her mobile device.

1. Subject matter

1.1

The Platform is supplied by Shootify Labs AG, Via Pedemonte 20, 6962 Viganello (Lugano), Switzerland ("Shootify") and allows the User to:

• Generate content using Shootify's proprietary technology ("Contents") and create digital product showcases featuring the Contents, as better described on Shootify's web outlets.
• Transform garment sketches and additional information (such as materials and product descriptions) into detailed 2D renderings using AI technology ("Sketch Renderings").

From time to time, the Platform may be updated or modified to improve the User's experience and to offer new features deemed useful by Shootify.

1.2

The use of the Platform, the creation of Contents and Sketch Renderings, and the use of the services offered by the Platform ("Services") are governed by these Terms and Conditions as well as the documents and policies posted on the Platform. The specific description of the Services, their technical details, and performance are posted and regularly updated on the Platform. The User is requested to access such information to obtain a comprehensive explanation of the Services.

1.3

In order to access the Platform and use the Services, the User is required – at the first access – to register on the Platform and create an account ("Account") by entering the required data. If you do not accept the General Terms and Conditions, you will not be able to register on the Platform or use the Services.

2. User's obligations

2.1

You acknowledge that use of the Platform in accordance with these General Terms and Conditions is essential for the proper functioning of the Platform and for the usability of the Platform by other Users.

2.2

The User agrees to use the Platform in accordance with the General Terms and Conditions and for exclusive own business purposes within the fashion industry, as set forth herein, as well as in compliance with applicable law, and specifically agrees not to:

1. assign or resell to third parties the Services or otherwise your right to use the Platform;
2. tamper with or otherwise operate on the Platform without the intervention and permission of Shootify;
3. use the Platform or Services if the Account has been suspended;
4. use the Platform to create or services similar or identical to the Services;
5. carry out the framing or mirroring, or make any other incorporation whatsoever, of the Services in sites or services different than the Platform;
6. communicate to Shootify any data which is false, incorrect, misleading or may cause negative consequences for any third party;
7. spread viruses, malwares or any other technology aimed at damaging the Platform, the Users' devices, or to infringe the rights of Shootify or other Users or anyhow aimed at preventing or disturbing the use of the Services by the other Users;
8. use bots or any other technology designed to alter interactions or the way Contents are enjoyed;
9. copy, modify, or disseminate the content of the Platform, Services, or Shootify's or third parties' proprietary information;
10. use any mechanism, software or process that may interfere with the proper functioning of the Platform;
11. circumvent the tools set up by Shootify to ensure the security of the Platform and prevent intrusion or access by unsolicited automated users (including, without limitation, robots, spam, spiders);
12. uploading to the Platform or otherwise communicating or sending via the Platform content that breaches third party personal data, image, publicity, intellectual/industrial property and privacy rights, that is offensive, vulgar, violent, false, or damaging to Shootify's image or contrary to applicable law;
13. copy, download, duplicate, distribute, disseminate or otherwise use - even partially - Content as well as images, distinctive signs, text and content owned by Shootify, other Users or otherwise found on the Platform;
14. export outside the Platform any information, other than as expressly governed by these General Conditions.

3. Intellectual Property Rights

3.1 Ownership

All intellectual property rights in and to the Platform, Services, and any content provided by Shootify (including but not limited to software, technology, algorithms, designs, trademarks, and logos) are and shall remain the exclusive property of Shootify or its licensors.

3.2 User Content

You retain all intellectual property rights to the materials you upload to the Platform (including sketches, garment images, and product descriptions). By uploading content to the Platform, you grant Shootify a non-exclusive, worldwide, royalty-free license to use, process, and modify such content solely for the purpose of providing the Services to you.

3.3 Generated Content

The Contents and Sketch Renderings generated through the Platform using your input materials are owned by you. Shootify retains the right to use anonymized or aggregated data derived from the use of the Platform for the purpose of improving the Services and developing new features.

4. Warranties and Disclaimers

4.1

The Platform and Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

4.2

While we strive to provide high-quality AI-generated content, Shootify does not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Platform will be accurate, complete, or reliable;
• The quality of any Contents or Sketch Renderings will meet your specific expectations or requirements;
• Any errors in the Platform or Services will be corrected.

5. Limitation of Liability

5.1

To the maximum extent permitted by applicable law, Shootify shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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 Platform or Services;
• Any conduct or content of any third party on the Platform;
• Any content obtained from the Platform;
• Unauthorized access, use, or alteration of your transmissions or content.

5.2

In no event shall Shootify's total liability to you for all claims arising out of or related to these Terms exceed the amounts paid by you to Shootify in the twelve (12) months preceding the claim.

6. Indemnification

6.1

You agree to indemnify, defend, and hold harmless Shootify, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Platform or Services;
• Your violation of these General Terms and Conditions;
• Your violation of any rights of another party, including intellectual property rights;
• Any content you upload to the Platform that infringes upon third-party rights.

7. Service Availability and Maintenance

7.1

Shootify reserves the right to modify, suspend, or discontinue the Platform or Services (or any part thereof) at any time with or without notice. Shootify shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform or Services.

7.2

Shootify may perform scheduled or emergency maintenance that may result in temporary unavailability of the Platform. Shootify will make reasonable efforts to provide advance notice of scheduled maintenance.

8. Fees and Payment

8.1

Access to certain features of the Platform or Services may require payment of fees as specified on the Platform or in a separate agreement with Shootify.

8.2

All fees are exclusive of applicable taxes, duties, and levies. You are responsible for payment of all such taxes, duties, and levies except for taxes based on Shootify's net income.

8.3

Unless otherwise specified, all fees are non-refundable. Shootify reserves the right to modify fees at any time upon reasonable notice to you.

9. Termination

9.1

You may terminate your Account at any time by contacting Shootify at info@sartiq.com or through the Account settings on the Platform.

9.2

Shootify may suspend or terminate your Account or access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these General Terms and Conditions.

9.3

Upon termination, your right to use the Platform will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Miscellaneous

10.1

Shootify shall be entitled to declare on its business online outlets and corporate presentations that is a supplier of the User. The content and graphics of such announcements shall be agreed in advance with the User.

10.2

Shootify reserves the right to modify these General Terms and Conditions by publishing the new version on the Platform and informing the User. The new version of the General Terms and Conditions will be applicable only for the future and, unless otherwise specified, will be automatically effective 15 (fifteen) days after the relevant date of publication and communication to the User. It is understood that if the User does not intend to accept the changes to the General Conditions applied by Shootify, the User may at any time cancel his/her Account and discontinue the use of the Platform and Services.

10.3

Shootify may assign the Platform, the Services, and these Terms and Conditions to a company related to or participated in by Shootify itself. The User hereby gives his/her consent to such future assignment, if any.

10.4 Governing Law and Jurisdiction

These General Terms and Conditions are regulated by the laws of Switzerland. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Lugano, Switzerland.