Terms & Conditions

for the use of SizeFlow (the "Service")

These Terms & Conditions (the “Terms”) govern your access to and use of SizeFlow, a sizing-recommendation widget provided by We Wear S.r.l. and made available on third-party e-commerce websites (each a “Partner Site”). By using the Service, you accept these Terms and our Privacy Policy.

Provider: We Wear S.r.l., Corso Plebisciti 15, 20129 Milan (Italy), VAT/Tax No. 10337690969 (“WeWear”, “we”, “us”).
Contacts: amministrazione@we-wear.biz (legal/privacy) — info@we-wear.biz (general).

1. What the Service is (and is not)
1.1 Nature: SizeFlow generates a non-binding size recommendation for a product based on indicators you provide (e.g., height, weight, age, gender, body shape) and product data.
1.2 Integration on Partner Sites: while visible on a merchant’s website, the Service is provided by WeWear; the merchant is not a party to these Terms and remains responsible only for its sales/returns policies.
1.3 No sale of goods: WeWear does not sell products; any purchase contract is between you and the merchant on the Partner Site.

2. Eligibility and account
2.1 Adults only: the Service is intended only for users aged 18+. If we learn we have data from a minor, we will delete it.
2.2 Accountless use: you may use the Service without a WeWear account. In that case, we and/or the Partner Site may use strictly necessary cookies or similar technologies to keep your session and allow limited continuity (e.g., remembering inputs) — see Art. 8 and the Partner Site’s cookie disclosures.
2.3 Optional account: if an account is offered, you must provide accurate information and keep credentials confidential. WeWear may suspend/terminate access for misuse or breach of these Terms.

3. Price and availability
3.1 Price to consumers: the Service is provided to you free of charge. Partner Sites may pay WeWear a fee; this does not affect your use.
3.2 Availability: WeWear strives to keep the Service available but does not guarantee uninterrupted operation. We may suspend/modify the Service for maintenance, security, legal, or technical reasons.

4. How the Service works; automated outputs
4.1 Automated recommendation: the size suggestion is generated via automated processing of your indicators and product data and is advisory only.
4.2 No guarantees of fit: brands, cuts and preferences vary; recommendations are best-effort estimates and do not guarantee fitness or satisfaction.
4.3 Explanations: you may request meaningful information in clear terms about the logic involved (without disclosing trade secrets) — see the Privacy Policy.

5. Your responsibilities
5.1 Lawful, fair use: use the Service only for its intended purpose and in compliance with law and these Terms.
5.2 No tampering: do not reverse-engineer, interfere with, or misuse the widget, its code, or underlying services.
5.3 Accurate inputs: provide accurate indicators; inaccurate inputs lead to inaccurate suggestions.

6. Privacy and data
6.1 Privacy Policy: our Privacy Policy explains categories of data, purposes, legal bases, profiling, retention (use period + up to 14 days, then anonymisation), rights and contacts, and forms part of these Terms.
6.2 KPI/improvement analytics: WeWear may analyse pseudonymised purchase/return events from Partner Sites to improve accuracy and measure performance; you may object at any time (see Privacy Policy).
6.3 Body scan / 3D avatar (if offered): optional and requires your explicit consent under a separate notice.
6.4 Roles: for the sizing Service, WeWear acts as independent controller. The Partner Site remains controller of its sales/navigation data. In some integrations, WeWear and the Partner Site may act as joint controllers limited to the initial collection via the widget (Art. 26 GDPR).
6.5 Contacts for privacy: amministrazione@we-wear.biz.

7. Right of withdrawal (EU/EEA consumers)
7.1 Digital service at zero price: when a digital service is supplied without monetary payment but in exchange for personal data, a 14-day withdrawal right may apply.
7.2 Immediate performance & waiver: by starting the Service you expressly request immediate performance and acknowledge that the Service may be fully performed before the end of the withdrawal period; once fully performed (recommendation delivered), the withdrawal right is lost to the extent allowed by law.
7.3 If not fully performed: if applicable, you may withdraw within 14 days by contacting amministrazione@we-wear.biz; we will cease providing the Service and proceed per the Privacy Policy.

8. Cookies and similar technologies
8.1 Strictly necessary: the widget may use strictly necessary technologies (e.g., session continuity, remembering inputs). These do not require consent but must be disclosed.
8.2 Non-essential cookies: any marketing identifiers controlled by WeWear or third parties will be set only with your prior consent via the Partner Site’s consent tool.
8.3 More info: see the Partner Site’s cookie policy and WeWear’s Privacy Policy (names, purposes, durations, third parties).

9. Intellectual property and licence
9.1 Ownership: WeWear (and its licensors) own all IP in the Service (software, algorithms, UI, content, brand).
9.2 Your licence: We grant you a limited, non-exclusive, non-transferable licence to use the Service for personal, non-commercial purposes in accordance with these Terms.
9.3 Feedback: you grant WeWear a non-exclusive, royalty-free licence to use feedback to improve the Service.

10. Liability and guarantees (consumer-safe wording)
10.1 No exclusion of mandatory rights: nothing in these Terms excludes or limits mandatory consumer rights, or liability that cannot be excluded under law (including wilful misconduct or gross negligence, and, where applicable, personal injury).
10.2 Service “as available”: within legal limits, the Service is provided “as available”; we do not warrant uninterrupted or error-free operation.
10.3 No guarantees of fit: recommendations are informational and may not match preferences or brand variability.
10.4 Limitations: to the extent permitted by law, WeWear is not liable for indirect or unforeseeable losses (e.g., loss of profits, business, or data), except where caused by WeWear’s wilful misconduct or gross negligence.
10.5 Merchant’s responsibilities: product quality, conformity, delivery, returns and refunds are governed by the merchant’s terms; the merchant remains solely responsible for the sales contract with you.

11. Duration; suspension; termination
11.1 Term: these Terms apply while you use the Service; you may stop at any time.
11.2 Suspension/termination by WeWear: WeWear may suspend/terminate access where reasonably necessary for legal, security, technical or misuse reasons (e.g., fraud, automated scraping, breach of these Terms); where feasible, we will provide notice.
11.3 Inactivity: if an optional account exists and remains inactive for [12 months], WeWear may deactivate or delete it upon prior notice.

12. Changes to the Service or Terms
12.1 Why we may change: we may update the Service or these Terms for legal, security, technical, or business reasons (e.g., new features, regulatory changes).
12.2 Notice: we will post updated Terms with a new “Last updated” date and, where feasible, provide reasonable prior notice (e.g., within the widget or via the Partner Site UI).
12.3 Your options: if you do not agree to changes, stop using the Service. Continued use after the effective date constitutes acceptance. This does not affect mandatory consumer rights.

13. Governing law; venue
13.1 Law: these Terms are governed by Italian law without prejudice to mandatory consumer protections of your country of residence (Art. 6 Rome I).
13.2 Venue:
  i. For disputes with consumers, the courts of the consumer’s place of residence or domicile shall have jurisdiction, in accordance with applicable consumer protection laws.
  ii. For disputes with non-consumer users, the courts of Milan (Italy) shall have exclusive jurisdiction.

14. Third-party sites and services
14.1 Partner Sites and any third-party services are governed by their own terms and privacy policies.
14.2 WeWear is not responsible for third-party content, availability, or practices.

15. Force majeure
15.1 WeWear shall not be liable for delays or failures due to events beyond its reasonable control (e.g., internet outages, cyberattacks, laws, orders of authorities, strikes, force majeure).

16. Assignment
16.1 WeWear may assign or transfer these Terms (in whole or part) in connection with a merger, acquisition, or corporate reorganisation, ensuring that your consumer rights are preserved.
16.2 You may not transfer your rights hereunder.

17. Severability; entire agreement
17.1 If any provision is found invalid or unenforceable, the remainder will continue in effect.
17.2 These Terms and the Privacy Policy form the entire agreement for the Service between you and WeWear.

18. Contact
18.1 Questions about the Service or these Terms: amministrazione@we-wear.biz.

Last updated: 19/09/2025