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 license to use this data, for as long as your account remains active and for any retention period described in our Privacy Policy, to generate your size recommendations and operate the Service. You further grant the Company a non-exclusive, royalty-free, perpetual license to anonymise and aggregate this data and to use the resulting anonymised, aggregated data — which does not identify you or any other individual — to train and improve our AI recommendation algorithms. Anonymised, aggregated data is not personal data, is not linked back to you, and is not subject to the deletion timelines described in our Privacy Policy.

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.

• The Core plan costs £10.99 per month or £95.99 per year. Both fees include VAT and renew automatically until cancelled.

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:

· Your 14-day cancellation right (UK/EU): You normally have 14 days to cancel a digital subscription. When you subscribe and then run a size check, you are asking us to start providing the service straight away, and you accept that you lose that 14-day cancellation right once we have done so. We tell you this before you subscribe. If you subscribe but do not run a size check, your 14-day right still applies.

· 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.

· Refunds: Subscriptions purchased through the Apple App Store or Google Play are refunded according to Apple’s or Google’s own refund policies, and refund requests for those purchases must be made directly to Apple or Google. Nothing in these Terms removes or limits any right you have under UK consumer law that cannot be excluded by agreement.

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: Your subscription renews automatically at the end of each term until you cancel. You can cancel at any time through your Apple ID settings (iPhone) or your Google Play subscriptions (Android). Cancelling stops the next renewal; you keep access until the end of the period you have already paid for.

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.