Last Updated: November 20, 2023
PRIVACY POLICY
Introduction
This document outlines the procedures followed by august.style (“Project”) and its affiliates (“us,” “our,” or “we”) regarding the collection, usage, storage, and processing of personal information belonging to customers and other individuals (collectively referred to as “you”) who access or utilize our websites, mobile applications, and other related services (referred to as the “Services”). By using our Services, you acknowledge and understand that we collect and utilize your personal information as described in this Privacy Policy (“Policy”).
Please note that in certain cases, we may process your personal information based on agreements with third-party organizations. In such instances, the terms of those agreements will govern the processing of your personal information. If you believe that a third-party organization has requested us to process your personal information on their behalf, please contact them directly as they will be responsible for the processing of your information. This Policy does not apply to any third-party websites or applications that you may use, including those linked within our Services. We recommend reviewing the terms and policies of such third-party websites and applications before accessing them.
We encourage you to read this Policy in its entirety to ensure that you are fully aware of how we collect, use, store, and process your personal information, as well as your privacy rights. However, if you prefer to navigate directly to a specific section of this Policy, please refer to the table of contents provided below.
1. Collection of Personal Information
You have the option to visit our websites, install our apps, and provide personal information to us. However, please note that failure to provide certain personal information may limit your access to certain parts of our Services.
Personal Information Provided by You:
You may provide us with personal information about yourself when you:
• Register or log in to your account.
• Use our services/product(s).
• Create or update your user profile.
• Contact customer support.
• Participate in surveys, sponsored events, sweepstakes, or subscribe to newsletters.
• Leave comments (if applicable).
• Refer friends (if applicable).
• Other industry practice.
Examples of the personal information categories you may provide include:
Identifiers and contact information, inclusive of your name, email address, mailing address, phone number, electronic signature, date of birth, and social media contacts; Commercial information, encompassing billing and payment details (e.g., credit card number, expiration date, visual cryptogram), and products or services purchased; Geolocation data, such as your physical location; Contact and Image Data: Upon your consent, contact information (e.g., name, email address) and image data of the contact (if uploaded) on your device that can be used to save as a profile image for your account; Biometric recognition information (including face recognition information, fingerprint recognition information) (if applicable); Other Information.
Automatically Collected Personal Information:
We may automatically collect personal information from you and your devices when you use our Services, including when you visit our websites or apps without logging in.
The categories of personal information we may automatically collect include:
• Device, Usage Information, and Transactional Data: We collect personal information about how you use our Services and the devices (e.g., computers, mobile phones, tablets) you use to access our Services. This may include, but is not limited to, the following:
• IP address.
• Precise geolocation information that you allow our apps to access (usually from your mobile device).
• Unique device identifiers and device attributes, such as operating system and browser type.
• Usage data, such as web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed, the order of those pages, the amount of time spent on particular pages, the date(s) and time(s) you used our Services, the frequency of your use of our Services, error logs, and other related information.
• Transactional data, including contact list data such as names, email addresses, IP addresses, and authentication methods of parties to a transaction, subject line, history of actions that individuals take in connection with a transaction (e.g., review, sign, enable features), personal information about those individuals or their devices, such as name, email address, device contacts you authorize to obtain personal information from parties to a transaction, and photo image (if available) that is used to save as a profile image for the account.
• Cookies and Related Technologies: We use cookies, which are small text files containing information that is downloaded on your device, as well as related technologies such as web beacons, local shared objects, and tracking pixels to collect and/or store information.
Information Obtained from Other Sources:
Subject to applicable laws, we may collect personal information about you from other sources, including:
• Third-Party Sources: This includes marketers, partners, researchers, affiliates (such as companies under the common ownership or control of Project), service providers, and other entities legally allowed to share your personal information with us. For example, if you register for our Services on another website, that website may provide us with your personal information.
• Other Customers: Other customers may provide us with your personal information.
• Combination of Personal Information: We may combine the personal information we receive from other sources with personal information we collect from you (or your device) and use it as described in this Policy.
2. Use of Personal Information
Generally, and in accordance with relevant laws and with your consent where required, we may utilize your personal information for the following purposes: providing, enhancing, and refining our Services; developing new Services; and promoting our companies, products, and Services. Here are some examples of how we employ the personal information we process:
• Furnishing you with the products and Services you request and handling the associated payments.
• Establishing your account and managing our relationship with you (e.g., communicating with you, providing requested information).
• Sending you records of our interactions, including purchase details and other relevant events.
• Marketing features, products, or special events via email, phone, or other means, and sending you marketing communications about third-party products and services that we believe may interest you.
• Organizing sweepstakes, contests, and refer-a-friend programs.
• Selecting and delivering tailored content and advertisements, as well as supporting the marketing and advertising of our Services.
• Generating and evaluating user data to better understand how our users utilize our Services.
• Testing modifications to our Services and developing new features and products.
• Addressing any issues you may encounter with our Services, including providing support, customer education and training, and resolving disputes.
• Managing the Services platform, including support systems and security.
• Preventing, investigating, and responding to fraud, unauthorized access or usage of our Services, violations of terms and policies, or other inappropriate activities.
• Complying with legal obligations and adhering to legal retention periods.
• Establishing, exercising, or defending our rights in legal claims.
Other Uses: We may combine or anonymize the personal information we collect in order to prevent or limit the identification of specific users or devices. This helps us conduct research and carry out marketing activities. Once the information has been aggregated and anonymized to the extent that it no longer qualifies as personal information under applicable data protection laws, this Policy no longer applies.
Lawful Basis for Processing Your Personal Information: If European data protection law is applicable and Project acts as a data controller, the lawful basis for collecting and using the personal information described in this Policy depends on the type of personal information involved and the specific context in which we collect or use it.
We typically collect or use personal information when we have your consent, when it is necessary to fulfill a contract with you, or when the processing is in our legitimate interests and does not override your data protection interests or fundamental rights and freedoms. In some instances, we may have a legal obligation to collect or retain personal information, or we may require the personal information to protect your vital interests or those of another person. For example:
• When we create and manage an account using personal information, we do so to provide you with relevant Services and fulfill our contractual obligations.
• When we use names and email addresses for email marketing purposes, we do so with your consent (which you can withdraw at any time) or, where permitted under applicable law, based on our legitimate interests.
• When we collect and analyze usage data to improve our Services or ensure the security of our websites, we do so based on our legitimate interest in safeguarding and enhancing our Services.
If you have any questions or need further information regarding the lawful basis for collecting and using your personal information, please contact us using the contact details provided in this Policy. Please note that when Project acts as a processor, the appropriate legal basis associated with processing activities is determined by our customer, and any inquiries about the applicable lawful basis should be directed to them.
3. Sharing of Personal Information
In accordance with applicable laws, including required consent, we may share your personal information as outlined below:
• Service Providers: We share your personal information with trusted service providers who assist us in supporting our Services. These companies offer various services such as intelligent search technology, analytics, advertising, authentication systems, bill collection, fraud detection, and customer support. Our service provider agreements ensure the proper use and protection of your personal information.
• Affiliates: We may share your personal information with other companies that are under common ownership or control with Project. These affiliated companies will use your personal information as described in this Policy.
• Marketing Partners: We may share your personal information with sponsors of events, webinars, or sweepstakes in which you participate, as well as other parties involved in joint marketing activities.
• Public or Government Authorities: To fulfill our legal obligations, comply with regulations or contracts, or respond to court orders, administrative or judicial processes (such as subpoenas, government audits, or search warrants), we may share your personal information. We may also disclose information in cases where there are threats to the physical safety of individuals, violations of Project policies or agreements, or to protect the legal rights of third parties, including our employees, users, or the public.
-Corporate Transactions: In the event of any proposed or actual reorganization, sale, merger, consolidation, joint venture, assignment, transfer, or other disposition of all or part of our business, assets, or stock (including bankruptcy or similar proceedings), your personal information may be disclosed or transferred to relevant third parties as part of due diligence. If such a corporate transaction occurs, we will inform you about any changes regarding the control of your information and provide you with any available choices.
-Consent: We may share your personal information in other ways if you have explicitly requested or given consent. For example, with your consent, we may publish user testimonials that identify you.
Additionally, your personal information may be shared as described below:
• Third Parties: When you make a payment to another user within our Services, we share your payment method details with the third-party payment processor chosen by you.
• Public Information: User-Generated Content, your comments on blogs or community forums, may be read, collected, and used by others. Profile Information, when you create a Project profile, other Project users can view your profile information. If you prefer to keep this information private, you can adjust your account settings accordingly.
4. Retention of Personal Information
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected and used, and as required by applicable laws. The duration of retention depends on the specific purposes and may also be subject to our data retention policy and information handling standards. Typically, we retain personal information to comply with retention or statutory limitations or for the purpose of fulfilling a contract with you. If technical limitations prevent deletion or anonymization, we take measures to safeguard the personal information and limit its active use.
5. Your Options
This section outlines various actions you can take to modify or restrict the collection, use, storage, or processing of your personal information:
• Profile: If and when applicable, any prompt to fill out a profile is optional. Some services may require personal information. In these instances the need of the information will be preemptively defined or available upon request at get@august.style, e.g. an accurate birth chart in astrology requires a date of birth, city of birth, and time of birth for calculation of the chart. If we are are able to offer alternative options that may be less astrologically accurate, we will include that information with the service. We cannot guarantee there will always be an alternative option. As with any profile that an August.Style services may include, use or purchase of services that require information that you do not with to provide is optional and unrelated to our other service offerings. In the case of profiles on services that you choose to fill out, you can access and review your personal information at any time. In case of any inaccuracies or incompleteness, you can make changes in your account settings.
• Marketing Messages: You have the choice to unsubscribe from our marketing messages on email by clicking on the “unsubscribe” link in the email or visiting the unsubscribe page at https://www.august.style/unsubscribe. Options for unsubscribing to any messenger or text services will be industry standard, such as messaging "End," and will be defined upon subscription to the services. The information and ability to unsubscribe will also be available that the same link https://www.august.style/unsubscribe. Please note that we may send one confirmation message to verify your opt-out request. However, if you are a registered user or have engaged in transactions with us, we may still send messages related to those transactions or our relationship (e.g., account notifications) even after opting out of marketing messages. If these messages are necessary they will cease ofter the necessary information is shared. One example is ordering of a product from our various digital storefronts.
• Cookies and Related Technology: You can decline cookies by adjusting your browser settings, instructions for which are offered by whatever browser you are using. Given the number and changing landscape of web browsing service platforms, we may not have that information readily available for you, however we would be happy to help via get@august.style. However, please be aware that declining cookies may limit your access to certain parts of our Services. Additionally, please note that we do not acknowledge or act upon browser-initiated Do Not Track signals as this is automated and not information we have access to.
• Device and Usage Information: If you prefer not to share your device location with us, you can disable location sharing on your device, modify your device privacy settings, or choose not to share location information through your browser. Any collection of location done is solely via anonymous marketing analytics tools. This information is never sold, always anonymous, and specifically used to improve our services. For example an increase in visitors from a specific country would allow us to better accomodate the user experience for users in that country by various means, including but not limited to posting content in more than one language. We also offer geographic oriented discounts and deals at times when having events or other business relationships in that region, state, or city. Without location information you are unlikely to be aware of this offer as we do not share this information the geographic regions it is not relevant to — this includes users who do not include their location. If you are in that category you are considered in a "global" location grouping that would not be included as it inherently includes all regions.
• Termination of Your Account: Should you desire to terminate your account, you are permitted to access and modify your plan settings accordingly. For comprehensive guidance on this process, kindly refer to the following webpage: https://www.august.style/unsubscribe.
• Complaints: We are committed to addressing valid complaints regarding your privacy and the collection, use, storage, or processing of your personal information. If you have any questions or complaints about our data practices or this Policy, please contact us via: get@august.style.
6. Children’s Privacy
Our Services are not intended for individuals under the age of 18 or the designated age specified by applicable law for minors. We do not knowingly collect or request personal information from minors, nor do we allow them to use our Services. If you are a minor, please refrain from using our Services or providing us with any personal information. If we become aware that we have unintentionally collected personal information from a minor without verified parental consent, we will delete such information. If you believe we may have collected personal information from or about a minor that should be removed from our system, please contact us through our website.
7. Information for California Residents
In addition to the information and rights described in this Policy, residents of California have additional rights and access to specific information under the California Consumer Privacy Act (“CCPA”) concerning their personal information. This section of the Privacy Policy applies to you if you are a California resident (referred to as a “Consumer” as defined by the CCPA). If you are not a Consumer, this section does not apply to you, and you should not rely on it.
A. Information Collection and Usage
The following is a summary of the personal information (as defined by the CCPA) we collect and use in connection with our Services for commercial and business purposes. For more details, please refer to the relevant sections of this Policy.
Categories of Personal Information we may collect and use for commercial and business purposes:
a) Contact and account registration information: When you register for an account or get in touch with us, you may provide us with your name, email address, physical address, phone number, account username and password, electronic signature, and other relevant details.
b) Financial or payment information: We collect information related to the payment methods you provide, billing details, and information about the products or services you purchase.
c) Transaction information: When you use our Services for transactions, we may collect the names and email addresses of transaction participants, subject lines, the history of actions taken within a transaction (e.g., reviews, signatures, enabling features), and personal information of individuals involved or their devices, such as names, email addresses, IP addresses, and authentication methods.
d) Customer service information: We gather information regarding your customer service interactions with us, including any questions or messages you send us directly through online forms, email, phone, or mail.
e) Information about your web browser, mobile device, or internet connection: When you access our Services online, we may automatically collect your IP address, device identifiers, device attributes (including cookie IDs and mobile advertising IDs), data on how you interact with our online Services (usage data), location information (such as city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation), and, with your permission based on your mobile device settings, geolocation information obtained from GPS functionality on your mobile device.
Commercial and Business Purposes for Using Collected Personal Information:
• Providing requested products and services to you and processing payments.
• Creating and managing your account, and maintaining our relationship with you (e.g., communication, providing requested information).
• Sending you transaction records, including those related to purchases or other events.
• Marketing features, products, or special events via email or phone or social platform, and sending you marketing communications about third-party products and services we believe may interest you.
• Conducting sweepstakes, contests, and refer-a-friend programs.
• Selecting and delivering tailored content and advertising, and supporting marketing and advertising efforts for our Services.
• Generating and analyzing data about our users and their usage of our Services.
• Testing changes and developing new features and products for our Services.
• Addressing issues you may encounter with our Services, including providing support and resolving disputes.
• Managing the Services platform, including support systems and security.
• Preventing, investigating, and responding to fraud, unauthorized access or use of our Services, violations of terms and policies, or other inappropriate activities.
• Complying with legal obligations and applicable retention periods.
• Establishing, exercising, or defending our rights in legal claims.
B. The Right to Opt Out of Personal Information Sales:
Consumers have the right to opt out of the “sales” of their personal information as defined by the CCPA. According to the CCPA, with certain exceptions, a “sale” occurs when a business sells, rents, releases, discloses, disseminates, makes available, transfers, or otherwise communicates orally, in writing, or electronically, a consumer’s personal information to another business or a third party in exchange for monetary or other valuable consideration.
As explained in more detail in Section 3 of this Policy, we share personal information with other companies that our services require. Consumers can submit requests to opt out of such sharing using the following methods:
1. Adjusting cookie settings and selecting the option to opt out of respective cookie activities.
2. Clicking the “unsubscribe” link at the bottom of any Project marketing communication or messaging "End" to the service itself.
C. The Right to Access:
Consumers have the right to request specific details about the personal information we have collected about them within the past 12 months. This includes the right to request:
• The specific pieces of personal information and categories of personal information we collected about them in an identifiable way. We are unable to isolate users in analytics to provide as all users in the analytics are anonymous.
• The categories of personal information we sold or disclosed for business purposes and the categories of third parties to whom we sold or disclosed that information for a business purpose.
• The categories of sources from which we collected personal information.
D. The Right to Deletion:
Consumers have the right to request the deletion of personal information we have collected from them. However, the CCPA allows us to retain information in certain circumstances (e.g., legal obligations, specific exceptions outlined by the CCPA).
E. How to Exercise Access and Deletion Rights:
Consumers can submit requests for accessing or deleting their personal information by accessing and reviewing personal information associated with your account if and when we offer services that include profiles native to our own app or website, or contacting us via get@august.style.We do not have access or ability to delete personal information on app services integrated into our services through which user correspond and receive marketing materials, e.g social media platforms.
For security purposes, we will verify your identity before fulfilling your request. If you have an account with us, we may verify your identity by having you log in, complete a two factor identification, e.g. messaging a code to you phone, and/or by request submission of an image taken of yourself holding government identification. This is for your protection to prevent unauthorized requests for your personal information. If you don’t have an account, we may need to contact you or request additional information (such as your name, email address, or telephone number, and photo government identification) to verify your identity.
Once your identity is verified, we will respond to your request to the extent permitted by law. If we’re unable to verify your identity, we may ask for more information or deny your request. If we can’t fulfill your request completely, we will provide you with further details explaining why.
Please note that certain personal information may be exempt from these requests under applicable law. Additionally, we require certain types of personal information to provide our products and services. If you request deletion of such information, you may no longer be able to access or use our products and services as they may not function without the information based on service and design and degree of personalization the service offers.
F. The Right to Nondiscrimination
Consumers have the right to be free from discrimination for exercising their CCPA rights. We will not deny, charge different prices for, or provide a different level of quality of goods or services with respect to Consumers who choose to exercise their CCPA rights.
G. Authorized Agents
If you designate an agent to make CCPA requests on your behalf, we will verify both your identity and your agent’s authorization to act on your behalf. We may request a signed written authorization or a copy of a power of attorney to verify the agent’s authority in addition to any of the earlier methods of confirming identification.
H. “Shine the Light”
If you are a California resident, you have the right to request a list of third parties that received your personal information for direct marketing purposes in the previous year. This list will include the types of personal information shared. We provide this list at no cost. To request this information, please contact us via the https://august.style/contact.
8. Your Privacy Rights
You have certain rights regarding your personal information, as described below and subject to local data protection laws. To exercise any of these rights, please contact us via https://www.august.style/contact.
a) You can access and review the personal information associated with your account at any time by visiting Official Website.
b) You can request information about how we collect and use your personal information, the categories of personal information involved, the recipients of your personal information, the sources from which we obtained your personal information, our business purposes for using your personal information, and how long we use or store your personal information.
c) You have the right to correct any inaccurate personal information we hold about you. Please notify us if you believe your personal information is inaccurate, incomplete, or out-of-date.
d) In certain situations, you can request the erasure or cessation of the use of your personal information, object to or restrict the use of your personal information, or export your personal information to another controller.
e) If we rely on your consent to process your personal information, you have the right to decline or withdraw your consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. You can also request that we stop using your personal information for direct marketing purposes.
f) If you are unsatisfied with our response to your complaint, you have the right to raise questions or complaints with your local data protection authority.
If you make a request to exercise the rights mentioned above, we will require certain information for identity verification purposes. If you have an account with us, we may verify your identity by having you log in. If you don’t have an account, we may ask for additional information to confirm your identity. You may also be request to confirm identity by submitting a current image holding a government identification with photograph, or by confirming any two-factor authentication you have set up or provided information necessary to complete. If you authorize an agent to make a request on your behalf, we will verify both your identity and the agent’s authorization.
Please note that certain personal information may be exempt from these requests under applicable law. We require certain types of personal information to provide our products and services. If you request deletion of such information, you may no longer be able to access or use our products and services.
International Data Transfers
Some August.Style services and parent company August House LLC operates globally, which means that personal data may be transferred, stored, and processed outside the country or region where it was initially collected, including the United States and other countries outside the EEA, Switzerland, and the UK. By using Project products and services or providing personal data, you acknowledge that your personal data may be transferred to these locations, which may have different and potentially less protective data protection laws than your country.
We protect your personal data in accordance with this Policy and take appropriate steps to ensure its protection under applicable laws, such as using the European Commission’s standard contractual clauses when transferring personal data from the EEA, Switzerland, or the UK to countries without adequate data protection levels. If you would like more information about this, please contact us.
9. How We Safeguard Your Personal Information
To protect your personal information from misuse, destruction, loss, alteration, disclosure, acquisition, or unauthorized access, we have implemented appropriate technical, physical, and organizational measures. Our staff members are only allowed to access customer personal information to the extent necessary to fulfill their job responsibilities and the applicable business purpose, subject to confidentiality obligations.
10. Changes to Policy
We may update this Policy to reflect changes in the law, our companies, our services, our data processing practices, or technological advancements. The use of personal information we collect will be governed by the Privacy Policy in effect at the time of its use. Depending on the nature of the change, we may notify you of such changes by posting them on this page.
11. Contacting Us
If you have any questions or complaints regarding the use of your personal information or this Policy, you can reach out to us via email at get@august.style or by sending a letter to 3571 Far West Blvd #3623, Austin TX
12. Additional Countries: The Services are accessible globally via the Internet, with the exception that Short Message Service (SMS) is exclusively available within the jurisdiction of the United States. If you reside in one of the following countries, the provisions below also apply to the processing of your personal information. In case of any conflict between the country-specific language provided below and the above provisions, the below provisions take precedence:
12.1 Australia:
Transfers and Disclosures to Applicable Countries: We may transfer or disclose your personal information to recipients in all applicable countries.
How We Protect Your Personal Information: Your personal information is securely stored on IT infrastructure located within the United States.
• Contacting Us: If you have any complaints regarding our compliance with Australian law, please contact us using the provided addresses. We will investigate the complaint and respond to you within a reasonable timeframe.
12.2 Brazil:
Your Privacy Rights: In addition to the rights mentioned earlier, customers and users in Brazil have the right to confirm the existence of processing, correct inaccurate or outdated information, request anonymization, blocking, or elimination of unnecessary or excessive personal information, request the review of decisions based solely on automated processing, obtain information about entities with which we share their personal information. Brazilian residents may ask for a list of third parties that have received your personal information for direct marketing purposes during the previous calendar year. This list also contains the types of personal information shared. We provide this list at no cost. We will provide this information within 30 (thirty) days from the date of your request, respecting our commercial and industrial secrecy.
12.3 Canada:
• Transfers to the U.S. and Third Countries: We may transfer your personal information outside of your jurisdiction for further processing, subject to the laws of the foreign jurisdiction.
12.4 France:
• Your Privacy Rights:
a) You have the right to object, based on legitimate grounds, to the processing of your personal information. However, there may be instances where we are legally obligated to process your personal information or where we are unable to fulfill your request due to a statutory prohibition.
b) In certain circumstances, you can provide instructions on how you want us to handle your personal information after your death. Please contact us for more details regarding this matter.
c) If you are dissatisfied with our response to a complaint, you have the right to raise questions or complaints with the French supervisory authority known as the Commission Nationale de l’Informatique et des Libertés (CNIL). You can reach the CNIL by sending a letter to 3 Place de Fontenoy, 75007 Paris, France, or by calling +33 1 53 73 22 22.
d) When making a request to exercise your privacy rights mentioned above, we will take reasonable measures to verify your identity. If you authorize an agent to make a request on your behalf, we will verify the agent’s identity and require proof of your own identity. To fulfill such a request, the authorization documents must clearly state the duration and purpose of the agent’s authorization, as well as confirm their entitlement to receive the information we will provide.
12.5 Israel:
• Collection of Personal Information: You are not legally obligated to provide us with the personal information described in Section 1.
• Transfers to the U.S. and Third Countries: Your personal information may be transferred to another jurisdiction for further processing, and by residing in a jurisdiction where such transfer requires your consent, you provide us with your express and unambiguous consent for the transfer.
Last updated on: November 20, 2023
TERMS & CONDITIONS
IMPORTANT NOTICE: THE FOLLOWING SERVICE TERMS AND CONDITIONS (“TERMS”) INCLUDE A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS THAT GOVERN DISPUTES ARISING FROM THE USE OF THE PROJECT SITE AND SERVICES. IT IS IMPORTANT TO READ AND UNDERSTAND THESE TERMS AS THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
These Terms govern access to and use of the august.style (“Project”, “we”, “our” or “us”) websites, products, and services (collectively, the “Site”) by individuals or entities who are any of the following (collectively, “you” or “your”):
• General website visitors to https://www.august.style and/or other URLs owned or operated by Project (each a “Website Visitor”);
• subscribers or licensees to one or more of our products or services (“Project Services”) (each, a “Customer”), and
• users of Project Services, including authorized users of Customer accounts and other Project Service end users (each, a “User”),
By using the Site, you accept these Terms (whether on behalf of yourself or a legal entity you represent).
By using the Site, you acknowledge and accept these Terms on behalf of yourself or any legal entity you represent. Please note that by accessing, using, or downloading any materials from the Site, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Site and must cease using it immediately.
1. ELIGIBILITY
1.1. You affirm that you are of legal age to enter into this Agreement and to use the Services and Software. You affirm that you are otherwise fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Your access may be terminated without warning if it comes to our attention that you are under the legal age to enter into this Agreement or are otherwise ineligible to enter into this Agreement or to use the Services and Software.
2. UPDATES AND COMMUNICATIONS
2.1. We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. PLEASE REVIEW THIS WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. YOU AGREE THAT PROJECT MAY MODIFY, DELETE, AND MAKE ADDITIONS TO THERE TERMS, ITS GUIDES, STATEMENTS, POLICIES, AND NOTICES, WITH OR WITHOUT NOTICE TO YOU, AND FOR SIMILAR TERMS, GUIDES, STATEMENTS, POLICIES, AND NOTICES APPLICABLE TO YOUR USE OF THE SERVICES BY POSTING AN UPDATED VERSION ON THE APPLICABLE WEBPAGE. IF YOU CONTINUE TO USE THE SITE OR THE PROJECT SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any revision to the Terms.
2.2. You hereby consent to receive all forms of communication, correspondence, and notices that we provide in relation to our Site and any associated Project Services. This includes, but is not limited to, marketing and promotional messages pertaining to us or the Project Services, and correspondence concerning our delivery of the Project Services (“Communications”). These Communications may be delivered via electronic means, such as e-mail, text, in-product notifications, push notifications, or by being posted on or otherwise made available through the Site. To the maximum extent allowed by applicable laws, you acknowledge that all Communications we provide to you electronically fulfill any legal requirement that such Communications be in writing or delivered in a specific manner. You also agree, as a Customer, to maintain your Account contact information up-to-date. Should you wish to discontinue receiving our email marketing and promotional messages at any point, you may opt out by unsubscribing at the following link: https://www.august.style/unsubscribe.
3. ACCOUNT
3.1. Registration; Username and Passwords. You may be required to provide information about yourself to register for and to access or use the Services and Software. You represent and warrant that any such information is and will remain accurate and complete, and that Project has no liability whatsoever for errors and omissions in your data. You may also be asked to choose a username and password to access or use the Services and Software. We may reject, or require that you change, any such username or password, in our sole discretion. You are entirely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any third party.
3.2. Prohibition on Sharing. You may not share an account or any other user rights with any other individual, unless otherwise expressly pre-approved by Project in writing. You may not share any login credentials or passwords regarding the foregoing with any other individual. You acknowledge that sharing of any such rights is strictly prohibited. Your right to use or access the Services and Software is personal to you and not assignable or transferable. You may not assign or transfer any account, Host rights, or any other user rights with any other individual, except upon (i) an individual termination of employment or relationship with their employer, as applicable, or (ii) Project’s prior express written approval.
4. OWNERSHIP
4.1. Intellectual Property. The Site contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties.
4.1.1. By using the Site, you agree to comply with all applicable copyright and intellectual property laws. Additionally, you acknowledge the presence of valuable intellectual property owned by Project and its licensors on the Site. All current and future rights to any intellectual property or proprietary rights, including information, improvements, design contributions, derivative works, knowledge, processes, applications, and registrations related to such intellectual property, belong solely and exclusively to Project and its licensors. Except as expressly granted in these Terms or in a separate written agreement between you and Project, all other rights are reserved by Project. Any unauthorized use of the Site’s intellectual property is strictly prohibited.
4.1.2. All trade names, trademarks, service marks, trade dress, logos, icons, insignia, symbols, interface and other designs, domain names and corporate names, and the like associated or displayed with the Services or Software (collectively, the “Trademarks”) are registered and/or unregistered Trademarks of Project and its licensors. The Trademarks may not be used in any advertising or publicity, or otherwise to indicate Project’s sponsorship of or affiliation with any product, service, event, or organization without Project’s prior express written permission.
4.1.3. Copyright. Project respects copyright law and expects its users to do the same. If you believe that any content or material on the Site may infringe copyrights you own, please notify us timely.
4.2. License Restrictions. The information provided on the Site, including any software that may be available for download from the Site or third-party websites or applications (“Software”), is protected by copyright and owned by Project, its licensors, and/or other third-party providers. Your use of the Software is subject to these Terms and any additional license or terms imposed by the respective third-party providers.
It is important to note that unauthorized reproduction or distribution of the Software is strictly prohibited by law. Such unauthorized actions may result in civil and criminal penalties. Violators will be prosecuted accordingly.
4.3. Submissions of User Content.
4.3.1. Submissions. The Site provides you with the ability to submit, post, upload, or make available various types of content (referred to as “User Content”), such as questions, public messages, ideas, product feedback, comments, and more. Please note that User Content may be viewable by other users. By posting User Content, unless stated otherwise, you grant us a non-exclusive, royalty-free, sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display the User Content worldwide, in any form, media, or technology now known or developed in the future. Additionally, you permit other users to view, copy, access, store, or reproduce your User Content for their personal use. You also grant us the right to use your name and other submitted information in connection with the User Content. By posting User Content, you represent and warrant that: (a) you own or have the necessary rights to the User Content you post; (b) the User Content you post is truthful and accurate; and (c) posting and use of the User Content does not violate these Terms or any applicable laws.
4.3.2. Screening & Removal. Regarding screening and removal of User Content, we may, at our discretion, pre-screen User Content before it appears on the Site, but we are not obligated to do so. We reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is posted on the Site. This includes the right to remove any User Content that violates these Terms or is deemed objectionable. Please note that we do not verify, adopt, ratify, or sanction User Content. Therefore, you must evaluate and assume all risks associated with your use of User Content or your reliance on its accuracy, completeness, or usefulness.
5. RESTRICTIONS ON USE OF THE SITE
5.1. By using the Site, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
5.1.1. Is illegal, or violates any federal, state, or local law or regulation;
5.1.2. Advocates or discusses illegal activities with the intent to commit them;
5.1.3. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
5.1.4. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
5.1.5. Interferes with the use and enjoyment of the Site by others;
5.1.6. Attempts to impersonate another person or entity;
5.1.7. Engages in commercial activities that violate these Terms, such as spamming, conducting surveys, organizing contests, participating in pyramid schemes, or disseminating other advertising materials;
5.1.8. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
5.1.9. Accesses or uses a Project Services account of a Customer without such Customer’s permission;
5.1.10. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
5.1.11. Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site, or the servers or networks connected to the Site;
5.1.12. Hacks into our proprietary or confidential records, the records of another user, or any other unauthorized access;
5.1.13. Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
5.1.14. modify, customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer, or attempt to gain access to any underlying technology of the Services or Software, including any source code, process, data set or database, management tool, development tool, server or hosting site;
5.1.15. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;
5.1.16. Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
5.1.17. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Site;
5.1.18. Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site, by any means except as provided for in these Terms or with the prior written consent of Project; or
5.1.19. Attempts to do any of the foregoing.
5.2. You are prohibited from framing the Site, placing pop-up windows over its pages, or taking any action that alters the display of its pages. However, you are allowed to link to the Site, as long as you acknowledge and agree that you will not link it to any website that contains inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, or that violates intellectual property, proprietary, privacy, or publicity rights. Failure to comply with this provision may result in the immediate termination of your access to and use of the Site, at our sole discretion.
5.3. While we are not obligated to monitor your or anyone else’s access to or use of the Site for violations of these Terms, or to review or edit any content, we reserve the right to do so. This is done to operate and improve the Site, including fraud prevention, risk assessment, investigation, customer support, analytics, and advertising purposes. It also ensures your compliance with these Terms and enables us to comply with applicable laws or any court orders, consent decrees, administrative agency requirements, or other governmental body directives.
6. PRIVACY
6.1. Project Privacy Notice. By acknowledging your comprehension and providing consent, you concur that the information you furnish to us or that we gather will be processed and managed as delineated in the Project Privacy Policy, accessible at https://www.august.style (Website, “Privacy Website”) and https://www.august.style/about/legal-privacy-terms, unless otherwise stipulated in these Terms.
6.2. Access & Disclosure. With the exception of the provisions outlined in these Terms: (i) we reserve the right to access, preserve, or share any of your information when we have a good faith belief that such sharing is reasonably necessary to investigate, prevent, or take action regarding potential illegal activities or to comply with legal processes, such as a subpoena; and (ii) we may also share your information in instances involving potential threats to the physical safety of individuals, violations of the Project Privacy Notice, the Terms or any other user agreements or terms in effect, or to address claims of third-party rights violations and protect the rights, property, and safety of Project, our employees, users, or the general public. This sharing may involve disclosing your information to law enforcement, government agencies, courts, or other relevant organizations. For detailed information on how we process personal data, please refer to the Privacy Website.
7. CONFIDENTIALITY
7.1. Definition. “Confidential Information” means: (i) with respect to Project, any information disclosed by, for, or on behalf of Project, directly or indirectly, to you or any end user in connection with these Terms, the Services or Software, or learned or accessed by you or any end user in connection with the Services or Software, including business information, development plans, product roadmap details, systems, strategic plans, source code, services, products, pricing, methods, processes, financial data, programs, trade secrets, know-how, and marketing plans, however it is conveyed in any form or medium, together with all information derived from the foregoing, and any other information that is designated as being confidential (whether or not it is marked as “confidential”) or which is known by you or the end user or reasonably should be understood by you or the end user to be confidential (“Project Confidential Information”); and (ii) with respect to you, any information disclosed by you to Project that (a) must be kept confidential pursuant to applicable Law or (b) is sensitive security and technical information that is clearly and conspicuously marked as “confidential” by you (“Customer Confidential Information”).
7.2. Exclusions. Confidential Information does not include information that: (i) is already rightfully known to the receiving party at the time it is received, free from any obligation to keep such information confidential; (ii) becomes publicly known or available through no act or omission of the receiving party or any third party; (iii) is rightfully received from a third party without restriction and without breach of these Terms; or (iv) is independently developed by the receiving party without the use of the disclosing party’s Confidential Information.
7.3. Obligation of Confidentiality. You and Project shall take reasonable steps to maintain the confidentiality of each other’s Confidential Information using measures that are at least as protective as those taken to protect its own information of a similar sensitivity, but in no event using less than a reasonable standard of care. Neither you nor Project will disclose the other party’s Confidential Information to any person or entity except to its employees, advisors, and attorneys who have a strict need to know the information in connection with these Terms and who are bound by confidentiality obligations at least as protective as the provisions herein. In addition to the foregoing permitted disclosures, Project also may disclose Customer Confidential Information to its consultants, contractors, service providers, subprocessors, and other third parties who are bound by confidentiality obligations at least as protective as the confidentiality provisions herein.
7.4. Permitted and Compelled Disclosures. Notwithstanding the restrictions in this section and without limiting any other rights of Project, we may disclose Customer Confidential Information received in connection with these Terms, the Services, or Software as required by applicable Law; provided, however, that Project will first notify you, unless providing such notice or timely notice is: (i) prohibited by applicable Law; or (ii) determined by Project in its sole discretion to be (a) a risk or potential risk of harm to a person or to the health of a person, (b) a risk or potential risk of damage to property, (c) an emergency, or (d) a threat to the Services, Software, or Project’s rights or property.
8. TERM AND TERMINATION
8.1. Termination. You have the option to terminate your use of the Site at any time by simply discontinuing your further usage. However, Project reserves the right to terminate your access to the Site as a Website Visitor at our sole discretion, for any reason or no reason, including if you violate these Terms.
8.2. Effect of Termination. In the event that these Terms expire or are terminated for any reason: (a) any liabilities you owe to us that have accumulated before the expiration or termination date will remain in effect; (b) any licenses or usage rights granted to you regarding the Site, including any intellectual property rights, will immediately cease in accordance with these Terms; (c) our obligation to provide you with access to the Site under these Terms will come to an immediate end, except for any rights explicitly stated to be provided after the expiration or termination of these Terms; and (d) the provisions regarding Ownership, Restrictions on Use of the Site, Privacy, Confidentiality, Effect of Termination, Warranties and Disclaimers, Indemnification Obligations, Limitations of Liability, General, and Supplemental Terms in Certain Countries will continue to apply and remain in effect.
9. WARRANTIES AND DISCLAIMERS
9.1. YOU AGREE THAT THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND PROJECT, ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROJECT, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO GUARANTEE, PROMISE, WARRANTY, OR REPRESENTATION (I) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE, (II) REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR SOFTWARE, OR (III) THAT THE SERVICES OR SOFTWARE WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES OR SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES OR SOFTWARE REMAINS WITH YOU. PROJECT DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY DATA, INCLUDING CUSTOMER CONTENT AND CUSTOMER DATA, USER INFORMATION, OR COMMUNICATIONS BETWEEN USERS. USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK.
9.2. THE PROJECT PARTIES PROVIDE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE INFORMATION CONTAINED THEREIN. THEY DO NOT GUARANTEE THAT THE SITE OR INFORMATION HAVE BEEN OR WILL BE PROVIDED WITH DUE SKILL, CARE, AND DILIGENCE, NOR DO THEY TAKE RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES RELATED TO THE SITE OR INFORMATION. THE PROJECT PARTIES ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE OR INFORMATION, UNAUTHORIZED ACCESS TO THE SITE OR INFORMATION, INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS OR VIRUSES TRANSMITTED THROUGH THE SITE BY THIRD PARTIES, LOSS OF DATA OR CONTENT, OR ANY ERRORS OR OMISSIONS IN YOUR DATA OR CONTENT. FURTHERMORE, YOU ARE NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF PROJECT TO ANY THIRD PARTY.
9.3. The Project Parties do not endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Site. The Project Parties are not involved in monitoring activities between you and third-party providers of products or services. You are solely responsible for your interactions and activities with other individuals resulting from your use of the Site.
9.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as in this Section 10 or below in Section 12. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 10 and Section 12 specifically do apply to you.
10. INDEMNIFICATION OBLIGATIONS
10.1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Project and our subsidiaries and affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Project Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Sites or any content you provide thereon or therein; (b) sharing your login credentials for the Sites without Project’s authorization; (c) your Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Sites. You agree to promptly notify the Project Parties of any Claims, cooperate with the Project Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Project Parties will have control of the defense or settlement, at Project’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Project Parties.
10.2. We maintain the sole authority to settle, compromise, and make payments for any claims or legal actions brought against us, without requiring your prior consent. We also reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate with us in the defense of these claims. Without our prior written consent, you agree not to settle any matter in which we are named as a defendant or for which you have indemnity obligations. We will make reasonable efforts to inform you promptly upon becoming aware of any such claim, action, or proceeding.
11. LIMITATIONS OF LIABILITY
11.1. Disclaimer of Consequential Damages.
11.1.1. REGARDLESS OF ANY CONTRARY PROVISIONS IN THESE TERMS, PROJECT WILL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE INFORMATION PROVIDED BY US. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF WE WERE AWARE OF THE LIKELIHOOD OF SUCH LOSSES AND REGARDLESS OF WHETHER THE CLAIMS ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
11.1.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROJECT PARTIES SHALL NOT BE HELD LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM: (A) YOUR USE OF THE SITE OR THE INFORMATION PROVIDED BY US; (B) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE OR IN THE INFORMATION; (C) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE INFORMATION; (D) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THE INFORMATION, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THE SITE; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (F) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ELEMENTS TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES; (G) LOSS OF YOUR DATA OR USER CONTENT FROM THE SITE; (H) ERRORS OR OMISSIONS IN ANY OF YOUR DATA OR USER CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SITE, REGARDLESS OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE PROJECT PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (I) THE DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THESE TERMS, OUR PRIVACY NOTICE, OR ANY OTHER COMMUNICATION OR NOTICE PROVIDED BY US.
11.1.3. Please note that in some countries and jurisdictions, consumer contracts may not allow the limitation or exclusion of consequential, direct, indirect, or other damages. Therefore, if you are a consumer, the limitations or exclusions stated in this Section 12.1 may not apply to you.
11.2. Cap on Damages. Our total liability to you, regardless of the cause of action arising from or related to these Terms, your use of the Site, or the information we provide you (including warranty claims), will not exceed USD$ This limitation applies regardless of the forum and regardless of whether the action or claim is based on contract, tort (including negligence), or any other legal or equitable theory. However, this Section will only apply to the extent permitted by product liability law and will not apply in cases where personal injury or death has been intentionally caused by Project or by Project’s gross negligence.
11.3. Independent Allocations of Risk. Each provision in these Terms that limits liability, disclaims warranties, or excludes damages represents an agreed allocation of the risks between the parties. This allocation is an essential element of the agreement between the parties. Each of these provisions is independent and will apply even if other provisions in these Terms have failed to fulfill their essential purpose.
11.4. Jurisdictional Limitations.
11.4.1. Certain states and jurisdictions may not allow limitations of liability or caps on damages in certain situations, so some parts of the above limitation may not apply to you. In such cases, the exclusions and limitations will apply to the maximum extent permitted by applicable mandatory law, and our liability will be limited or excluded as allowed under the applicable law.
12. Apple iOS Terms of Use not relevant at this current time and have been removed from this agreement.
13. GENERAL
13.1. Third Party Content. We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Project does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rule (including terms of service or privacy policies of the providers of such Third-Party Content).
13.2. Relationship. At all times, you and we are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of ours or are otherwise authorized to bind or commit us in any way without our prior written authorization.
13.3. Trade Restrictions, Export Restrictions. You acknowledge that the Site, any information we supply you, and any other products, services, information, documentation, software, technology, technical data, and any derivatives thereof, that Project makes available pursuant to these Terms (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories (“Trade Restrictions”). You may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or Software or any related technical information or materials, directly or indirectly, in violation of Trade Restrictions. You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.export.gov/article?id=Consolidated-Screening-List; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Site. If we determine in our sole discretion that you are actually or likely to be in violation of any representation or warranty set out in this Section, we have the right to terminate your use of and/or access to the Site immediately with or without notice to you.
13.4. Assignability. Unless prohibited by applicable law, you are not allowed to assign your rights or obligations under these Terms without obtaining our prior written consent. If consent is granted, these Terms will be binding upon your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms, except as explicitly stated in these Terms, will be considered void. On the other hand, we have the freedom to freely assign our rights, duties, and obligations under these Terms at any time, with or without providing notice to you.
13.5. Notices. Except as otherwise permitted by these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent using: (a) Project Services; (b) certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in your registration information or on the Site for Project, with a copy, in the case of Project, to get@august.style. You or we may change our address for receipt of notice by notice to the other party in accordance with this Section Notices are deemed given upon receipt if delivered using Project Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier.
13.6. Force Majeure. Except for any payment obligations, neither you nor we will be held liable for the failure to fulfill any obligation under these Terms if such failure is caused by a force majeure event. A force majeure event refers to circumstances beyond the party’s reasonable control, including acts of God, natural disasters, war, civil unrest, governmental actions, strikes, and other similar causes. In the event of a force majeure event, the affected party will notify the other party within a commercially reasonable time and will make commercially reasonable efforts to resume performance as soon as reasonably practicable. Any obligations that were not fulfilled due to a force majeure event will be fulfilled promptly once the force majeure event has concluded.
14. Mandatory Arbitration, Waiver of Class Actions. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1. You acknowledge that these Terms have an impact on interstate commerce, and the interpretation and enforcement of the arbitration provisions in these Terms are governed by the Federal Arbitration Act. This Section 15.7 is intended to have a broad scope and applies to all disputes between us, including but not limited to claims related to any aspect of our relationship. These claims may arise from contract, tort, statute, fraud, misrepresentation, or any other legal theory. This section covers disputes that arose prior to these Terms or any previous agreements, as well as disputes that may arise after the termination of these Terms. The only exceptions to this broad provision are disputes related to certain intellectual property matters, as specified below.
14.2. Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have a dispute with us, you agree that before taking any formal action, you will contact us at get@august.style and provide a brief, written description of the dispute and your contact information (including your username if it relates to a Project Services account). Except for intellectual property disputes, both parties agree to make reasonable efforts to settle any dispute, claim, question, or disagreement through direct consultation and good faith negotiations. Initiating a lawsuit or arbitration will be conditioned upon the failure of these efforts.
14.3. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below) subject to these Terms as set forth below. Specifically, all claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of the Site or information we supply shall be finally settled by binding arbitration. The applicable arbitration provider depends on where you live. If you are a California resident, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules, available at https://www.adrservices.com/services-2/arbitration-rules. If you are not a California resident, the arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator shall be appointed to resolve that dispute.
14.4. Arbitrator’s Powers. The arbitrator, rather than any federal, state, or local court or agency, holds exclusive authority to resolve all disputes arising from or related to the interpretation, applicability, enforceability, or formation of these Terms. This includes any claims asserting that all or part of these Terms are void or voidable, whether a claim is subject to arbitration, or the question of waiver through litigation conduct. The arbitrator has the power to grant any relief that would be available in a court of law or equity. The arbitrator’s decision will be written, binding on the parties, and can be entered as a judgment in any court with competent jurisdiction.
14.5. No Jury Trial. The parties acknowledge that, without this mandatory arbitration provision, they would have the right to bring a lawsuit in court and have a trial by jury. They also understand that in certain cases, the costs of arbitration may exceed those of litigation, and the scope of discovery in arbitration may be more limited than in court.
14.6. Class Action Waiver. The parties agree that arbitration will be conducted solely on an individual basis and not as a class action or representative action. Both parties expressly waive their right to file or participate in a class action or seek relief on a class-wide basis. YOU AND PROJECT AGREE THAT ANY CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If a court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then the arbitration provisions stated above will be null and void, and the parties will be deemed not to have agreed to arbitrate disputes.
14.7. Exception: Litigation of Intellectual Property. Despite the agreement to resolve all disputes through arbitration, either party may initiate enforcement actions, validity determinations, or claims related to theft, piracy, or unauthorized use of intellectual property in any state or federal court, or other governing body or authority with lawful jurisdiction. This includes filing claims with the U.S. Patent and Trademark Office to protect intellectual property rights (which encompasses patents, copyrights, moral rights, trademarks, and trade secrets, excluding privacy or publicity rights).
14.8. Survival. This Mandatory Arbitration and Waiver of Class Actions section will remain in effect even after the termination of your use of the Site or the information we provide.
14.9. Entire Terms. These Terms, which include the language and paragraphs preceding Section 1, are the final, complete, and exclusive expression of the agreement between you and Project regarding the Project Services provided under these Terms. These Terms supersede and the parties disclaim any reliance on previous oral and written communications (including any confidentiality agreements pertaining to the Site (including the Project Services) under these Terms) with respect to the subject matter hereof and apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Project hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by you and conditions assent solely based on these Terms and conditions of these Terms as offered by Project.
14.10. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below) subject to these Terms as set forth below. Specifically, all claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of the Site or information we supply shall be finally settled by binding arbitration. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, regardless of the residency of the parties involved. This Agreement will govern to the extent it conflicts with NAM’s rules. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator shall be appointed to resolve that dispute.
14.11. Language and Translations. Project may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will prevail.
14.12. Waiver. The waiver by either you or Project of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
14.13. Severability. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
15. Governing Law & Venue. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Texas, U.S.A, without reference to its choice of law rules to the contrary. For purposes of determining the governing law, you and Project agree that Project is the proponent of these Terms. Notwithstanding your and Project’s agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in Austin, TX, as necessary to protect the party’s rights or property pending the completion of arbitration. You and Project submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Austin, Texas, U.S.A.
15.1. California. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
15.2. New Jersey. If you are a New Jersey resident, the limitations in Section 10 specifically do apply to you.
15.3. Austria. If you are domiciled in Austria, Project shall be fully liable for intentional and gross negligence, as well as for any damages arising from injury to life, body or health caused by Project. In the case of liability for slight negligence, Project shall be liable only for breach of a material obligation (“Cardinal Duty”) and any such liability shall be limited to typical, foreseeable damages and shall not include liability for lack of economic results, loss of profit, or indirect damages. A Cardinal Duty in the meaning of this Section 16.3 is an obligation, the fulfillment of which is essential to the performance of these Terms and on the fulfillment of which the contracting party may therefore rely. If you are a consumer, nothing in these Terms affects your rights under mandatory Austrian law and these Terms will be interpreted, construed, and enforced in all respects in compliance with mandatory consumer protection laws of Austria. If you are a consumer, you may submit a claim to enforce your rights under these Terms to the competent courts in Austria. The offering of Project Services is limited to businesses only. If you are a consumer in the sense of the Consumer Protection Act, you must not enter an agreement with Project for the Project Services.
15.4. Belgium. If you are domiciled in Belgium, except in cases of intentional or gross negligence (including by its employees or agents), or of breach of essential obligations under the contract in the absence of force majeure, Project shall not be liable to you for any damages arising out of or related to any transactions or uses of the Services contemplated under these Terms. You will have the right to assign your rights or obligations under these Terms subject to you providing 30-day prior written notice to Project.
15.5. Germany. If you are domiciled in Germany, Project shall be fully liable for intentional and gross negligence, as well as for any damages arising from injury to life, body or health caused by Project. In the case of liability for slight negligence, Project shall be liable only for breach of a material obligation (“Cardinal Duty”) and any such liability shall be limited to typical, foreseeable damages and shall not include liability for lack of economic results, loss of profit, or indirect damages. A Cardinal Duty in the meaning of this Section 16.5 is an obligation, the fulfilment of which is essential to the performance of these Terms and on the fulfilment of which the contracting party may therefore rely. If you are a consumer, nothing in these Terms affects your rights under mandatory German law and these Terms will be interpreted, construed, and enforced in all respects in compliance with mandatory consumer protection laws of Germany. If you are a consumer, you may submit a claim to enforce your rights under these Terms to the competent courts in Germany.
16. SYSTEM REQUIREMENTS; CHANGES.
Your use of the Services and Software requires one or more compatible devices, Internet access, and certain third-party software, and you may be required to obtain updates or upgrades from time to time for Software or third-party software, which may result in additional costs to you. Because use of the Services and Software involves hardware, software, and Internet access, your ability to access and use the Services and Software may be affected by the performance of the foregoing. High-speed Internet access is recommended. You are solely responsible for any fees that may apply to your access to or use of the Services and Software, including fees for hardware, software, Internet access, or text messages. You agree that the foregoing requirements are your responsibility, and Project may, in its sole discretion, discontinue availability or compatibility of the Services or Software, on a particular operating system, device, or platform.