Terms and Conditions

1. Agreeing to these Terms

The Widget shows you, before you enter anything, that continuing means you agree to these Terms and to our Privacy Policy. If you do not agree, please close the Widget and do not use it. You can still shop with the retailer without it.

Agreeing to these Terms is not consent to marketing email. That is asked for separately, on its own optional checkbox, and you can decline it and still use the Widget.

2. Who may use the Widget

You must be at least 13 years old to use the Widget, and we ask for your date of birth to check. In some countries the age at which you can agree to an online service without a parent is higher, up to 16 in parts of the European Economic Area. If you are under that age where you live, please use the Widget only with your parent’s or guardian’s permission.

You must use the Widget for yourself. Do not use it to estimate someone else’s measurements.

3. What mera does, and what it does not do

The Widget estimates your body measurements from photos you provide and compares them with the size chart the retailer has given us, to suggest the size most likely to suit you.

Please understand what that means:

• A recommendation is an estimate, not a guarantee. Its accuracy depends on your photos, your pose, the clothing you are wearing in them, the height you entered, and the accuracy and completeness of the size chart the retailer supplied.
• We do not promise a garment will fit, or that it will fit the way you expected. Fit is also a matter of fabric, cut, stretch and personal preference.
• The recommendation is advice you are free to ignore. Choosing what to buy remains your decision.
• Measurements are not medical or health information and must not be relied on for any medical, fitness, safety or diagnostic purpose.

4. Your purchase is with the retailer, not with us

mera is not the seller. We do not sell, supply, ship or invoice any garment. The contract for anything you buy is between you and the retailer whose store you are on.

Questions about price, availability, payment, delivery, exchange, refund or the quality of a garment are for that retailer, under that retailer’s terms and returns policy. We have no control over those terms and cannot resolve those issues for you.

5. Your photos

You keep ownership of every photo you provide. By providing one, you give us permission to process it solely to produce your size recommendation, in the way our Privacy Policy describes. That permission is limited to that purpose. In practice the analysis happens on your own device, so your photo is not uploaded to us at all.

When you provide a photo, you confirm that:

• it is a photo of you;
• no other identifiable person appears in it;
• you have the right to provide it; and
• it is not unlawful, obscene, or otherwise inappropriate.

We do not use your photos to train artificial-intelligence models, we do not sell them, and we never give them to the retailer.

6. Your account

You can use the Widget without an account. If you create one, it is so your measurements can be reused on your next visit.

• Give us accurate details, and keep your email address current.
• Keep your password to yourself. You are responsible for what happens under your account while it is in your control. Tell us promptly if you think someone else has access.
• An account is for one person. Do not share it.
• You can close your account at any time by emailing privacy@mera.software.

7. Acceptable use

When using the Widget, please do not:

• upload photos of anyone other than yourself, or any unlawful content;
• copy, scrape, decompile, reverse engineer or attempt to extract the models, size charts or source code behind the Widget;
• use bots, scripts or other automated means to access the Widget, or submit information you know to be false in order to skew our results;
• interfere with the Widget or the systems behind it, including by probing them for vulnerabilities without our written permission, or by overloading them;
• use the Widget to build a competing product, or resell or commercialise access to it;
• use the Widget in any way that breaks the law where you are.

If you believe you have found a security vulnerability, please email hello@mera.software and give us a reasonable chance to fix it before telling anyone else.

8. Marketing email

We only send marketing email if you asked for it by ticking the optional box when creating an account. Every message we send includes an unsubscribe link that works, and we will act on it promptly. Unsubscribing does not affect your ability to use the Widget.

Email from mera about your recommendations comes from mera under our own name, not from the retailer.

9. Our intellectual property

The Widget, its interface, its measurement models and the mera name and logo belong to mera or our licensors. These Terms give you permission to use the Widget as a shopper, and nothing more. Size charts and product information belong to the retailer that supplied them.

10. Availability and changes to the service

We aim to keep the Widget available and accurate, but we do not promise it will be uninterrupted or error-free. We may change, suspend or withdraw features, or stop offering the Widget on a particular store, including because our agreement with that retailer has ended.

We may suspend or end your access if you breach these Terms, or if we reasonably need to in order to protect the service or other users. Where it is practical and lawful to do so, we will tell you why.

11. Consumer guarantees we cannot exclude

If you are a consumer in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be supplied with due care and skill. Nothing in these Terms excludes, restricts or modifies those guarantees, or any right or remedy you have under them.

If you are a consumer in the European Economic Area, the United Kingdom, or anywhere else with mandatory consumer protection law, nothing in these Terms takes away rights that the law where you live gives you and does not allow to be given away. Where a term in these Terms conflicts with such a right, that right prevails.

12. Disclaimers

Subject to section 11, the Widget is provided on an “as is” and “as available” basis. To the extent the law allows, we do not give any warranty that a size recommendation will be accurate, that a garment will fit, or that the Widget will meet your particular requirements.

We are not responsible for the accuracy or completeness of size charts, product descriptions or images provided by a retailer, or for anything on a retailer’s website outside the Widget itself.

13. Limitation of liability

Subject to section 11, and to the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, or loss of opportunity arising from your use of the Widget. In particular, we are not liable for the cost of a garment that did not fit, or for return postage, those are matters between you and the retailer, under that retailer’s returns policy and your consumer rights against them.

Where we are liable to you and the law permits a limit, our total liability arising out of or in connection with these Terms is limited to AUD $100. Because the Widget is free for shoppers to use, this reflects a fair allocation of risk between us.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

14. If you misuse the Widget

If you breach section 5 or section 7, for example by uploading someone else’s photo, or by attacking our systems, and that causes a third party to bring a claim against us, you agree to be responsible for the reasonable costs we incur as a result. This applies only to loss caused by your own deliberate breach or unlawful conduct.

15. Changes to these Terms

We may update these Terms. When we do, we will change the date at the top of this page. Changes apply to your use of the Widget after they are published, and never retrospectively to something you have already done.

If a change materially reduces your rights, we will make that clear before it takes effect. If you do not accept a change, stop using the Widget and email us to close your account.

16. Governing law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales, and the courts of Australia hearing appeals from them, have non-exclusive jurisdiction over any dispute arising from these Terms.

If you are a consumer, this does not deprive you of the protection of the mandatory consumer laws of the country where you live, and it does not prevent you from bringing proceedings in your local courts where the law gives you that right.

17. General

If any part of these Terms is found to be unenforceable, the rest continues to apply. If we do not enforce a term straight away, we have not given up the right to enforce it later. These Terms, together with the Privacy Policy, are the whole agreement between you and mera about the Widget. You may not transfer your rights under these Terms to anyone else.

18. Contact us

Questions about these Terms: hello@mera.software. Questions about your information or a deletion request: privacy@mera.software.