Owner: Ihcanum Enterprise Limited (SC868445) ("The Company")

1. THE SERVICE AND BINDING AGREEMENT

1.1 Scope: These Terms of Use (“Terms”) govern your access to and use of the Vivariety mobile application and web-based interfaces (the “Service”). The Service is an AI-powered sizing intelligence tool designed to provide recommendations for third-party fashion products.

1.2 Acceptance: By creating an account or accessing the Service, you enter into a legally binding contract with Ihcanum Enterprise Limited. If you are using the Service on behalf of a corporate entity, you represent that you have the authority to bind such entity to these Terms.

2. VIVARIETY INTELLIGENCE & THE "FIT PASSPORT"

2.1 Fit Passport Data: To utilize the Service, you may input personal biometric data and preferences into your “Fit Passport.” You grant the Company a non-exclusive, royalty-free, perpetual license to use, aggregate, and de-identify this data for the purpose of improving our AI recommendation algorithms.

2.2 No Proprietary Right to Results: The specific size recommendation, fit confidence scores, and size feedback generated by our AI (the “Output”) are the intellectual property of the Company. You are granted a limited, revocable license to use this Output for personal, non-commercial shopping purposes only.

2.3 Size Recommendation Disclaimer: Vivariety is a guidance tool. You acknowledge that fashion retailers do not adhere to universal sizing standards. Our Output is a statistical prediction guided by data provided through scraping of the retailer’s website and does not constitute a guarantee of fit. To the maximum extent permitted by law, the Company disclaims all liability for any dissatisfaction, injury, or loss arising from a garment failing to meet the user's expectations of fit.

3. SUBSCRIPTION TERMS & FINANCIALS

3.1 Pricing: The "Core" Service is provided via a subscription model.

• Monthly Plan: £7.99 (Inclusive of VAT where applicable).

• Annual Plan: £69.99 (Inclusive of VAT where applicable).

3.2 Commencement of Service: You agree that the supply of digital content (the size recommendation) commences immediately upon your first link-submission or access to the Fit Passport results.

3.3 Non-Refundability & Forfeiture of Cancellation Rights:

· Statutory Right of Withdrawal (UK/EU): By performing a "Size Check" immediately after subscription, you acknowledge that you are requesting the immediate supply of digital content. You expressly agree that your 14-day right to cancel under the Consumer Contracts Regulations 2013 is waived once the digital service has been substantially performed (i.e., once a recommendation/result is generated).

· Annual Commitment: Where a user elects the Annual Plan, they commit to a 12-month term in exchange for a discounted rate. You acknowledge that no pro-rata refunds, partial credits, or "unused time" reimbursements will be issued if you choose to cancel or cease using the App before the end of the 12-month period.

· Post-Commencement Claims: Once use of the Service has commenced, the Company is entirely absolved from any obligation to fulfill refund requests, regardless of the user's perceived utility of the recommendations or frequency of use.

3.4 Re-Subscription Protocol: Should you cancel your subscription and subsequently wish to regain access to the Service, you acknowledge that you cannot "resume" or "reactivate" a previous billing cycle. You will be required to undergo the payment and onboarding process de novo (from scratch) at the then-current market rate. No credits from previous memberships shall carry over.

3.5 Billing & Auto-Renewal: Subscriptions are billed in advance. Your subscription will automatically renew at the end of each term unless cancelled via your account settings or the relevant App Store interface.

4. THIRD-PARTY RETAILERS & AFFILIATE DISCLOSURES

4.1 Intermediary Status: Vivariety is not a retailer. We do not sell, resell, or distribute any fashion items. Any purchase you make is a contract solely between you and the Third-Party Retailer.

4.2 Affiliate Relationships: The Service serves as a discovery platform. You acknowledge that the App may contain links to third-party websites and that the Service may be configured to include affiliate tracking code.

4.3 Commission Notice: In accordance with our business model, we may earn a commission or referral fee if you purchase a product after clicking a link within the Service (e.g., via a "Continue Shopping" button). This potential commission does not increase the price you pay to the retailer.

4.4 No Liability for Third-Party Content: We do not verify the inventory, price accuracy, or "satisfactory quality" (under the Consumer Rights Act 2015) of items listed on third-party sites. We are not a party to any dispute between you and a retailer regarding returns, shipping, or faulty goods.

5. INTELLECTUAL PROPERTY & PROHIBITED USE

5.1 Ownership: All software, code, AI models, "Fit Passport" structures, and branding are the exclusive property of Ihcanum Enterprise Limited.

5.2 Fit Passport: The architecture of the "Fit Passport" and the resulting "Confidence Scores" are trade secrets of the Company.

5.3 Usage License: Users are granted a limited, non-sublicensable license to view AI-generated size recommendations. Any attempt to scrape, crawl, or reverse-engineer the sizing logic will result in immediate account termination without refund.

5.4 Prohibited Acts: You shall not:

• Use any automated system (spiders, robots, scrapers) to extract data from the Service for commercial purposes.

• Attempt to reverse-engineer the Vivariety size-matching algorithm.

• Circumvent any paywalls or subscription tiers.

6. LIMITATION OF LIABILITY

6.1 Exclusion of Damages: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of data, or cost of procurement of substitute goods.

6.2 Liability Cap: Our total aggregate liability to you for any claim arising out of or in connection with these Terms shall not exceed the total amount of fees paid by you to the Company in the six (6) months preceding the event giving rise to the claim.

7. INDEMNIFICATION

You agree to indemnify and hold harmless Ihcanum Enterprise Limited and its officers, Directors, and employees from any claims, damages, or expenses (including legal fees) arising from:

(i)              your misuse of the Service;

(ii)            (ii) your violation of these Terms; or

(iii)          (iii) any purchase made through a third-party retailer found via the App.

8. AMENDMENTS AND JURISDICTION

8.1 Changes to Terms: We reserve the right to modify these Terms at any time to reflect changes in our business (such as the full activation of our affiliate marketplace). Continued use of the Service constitutes acceptance of the updated Terms.

8.2 Governing Law: These Terms are governed by the laws of Scotland. You agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute.