Terms of Use – Ohpollk

These Terms of Use (“Terms”) govern your access to and use of Ohpollk (the “Website”), including all content, features, and services offered on or through the Website (e.g., browsing womenswear like casual dresses/tailored blazers/plus-size essentials, creating a user account, using the “Fit Finder Tool,” placing orders, or accessing customer support). By accessing or using the Website, you agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and Refund Policy (all available on the Website). Given the personal nature of womenswear—where fit, style, and privacy matter deeply—we ask you to review these Terms carefully to ensure alignment with your use of the platform.

1. Eligibility

To use the Website, you must meet the following requirements:

Be at least 13 years of age. If you are between 13 and 17 years old, you must obtain the consent of a parent or legal guardian to use the Website, and your parent/guardian must agree to these Terms on your behalf.
Have the legal capacity to enter into a binding contract (or have a parent/guardian act on your behalf if you lack such capacity)—critical for purchases of womenswear, especially high-value items like formal gowns or custom-tailored pieces.
Comply with all applicable local, state, federal, and international laws, regulations, and these Terms—including laws related to online transactions, consumer protection, and the import/export of clothing (if purchasing internationally).
Not be prohibited from accessing the Website by any court order, legal restriction, or prior violation of our policies (e.g., past fraudulent activity related to womenswear purchases, unauthorized use of the Fit Finder Tool).

If you use the Website on behalf of a business, organization, or other entity (e.g., a boutique purchasing wholesale womenswear, a personal stylist sourcing pieces for clients), you represent that you have the authority to bind that entity to these Terms, and “you” shall refer to both you and the entity.

2. User Accounts

2.1 Account Creation & Maintenance

To access certain features of the Website (e.g., saving size preferences, storing shipping addresses for faster checkout, tracking past orders of jeans or sweaters, or creating a wishlist of dresses), you may create a user account. When creating an account, you must provide accurate, complete, and up-to-date information—including your full name, valid email address, and a secure password. For business accounts, you must also provide valid business registration details and contact information.
You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. This includes preventing unauthorized access by third parties (e.g., not sharing your password with others, logging out after using public devices to browse womenswear or save custom size settings).
If you suspect any unauthorized access to or use of your account (e.g., unknown orders for womenswear, changes to your saved size preferences, or modifications to shipping addresses), you must notify Ohpollk immediately at [email protected]. We will assist you in securing your account (e.g., resetting your password, canceling unauthorized orders, freezing access to saved payment methods) as soon as possible.
We reserve the right to suspend or terminate your account at our discretion if:
You provide false, incomplete, or outdated information (e.g., a fake email address, incorrect billing details for a blazer purchase, or misleading business credentials).
You violate these Terms, our Privacy Policy, or any other applicable policy (e.g., misusing coupons for discounted womenswear, sharing account access to exploit promotions, or uploading inappropriate content to the Website).
Your account is inactive for a continuous period of 12 months (we will notify you via email at least 30 days before termination to allow you to reactivate it, including preserving any saved size preferences or wishlist items).

2.2 Account Responsibilities

You may not share your account credentials with any third party or allow others to use your account (e.g., letting a friend use your account to purchase a limited-edition dress at a promotional price, or sharing access to the Fit Finder Tool with unauthorized users).
You agree to use your account only for legitimate purposes related to womenswear shopping and engagement—including:
Browsing, researching, and purchasing womenswear (e.g., everyday tees, work blazers, formal gowns, plus-size jeans).
Using the Fit Finder Tool to input body measurements and receive size recommendations for specific items (e.g., determining whether to order a size M or L for a linen dress).
Contacting customer support for assistance with product questions (e.g., “What fabric is this sweater made of?”), order issues (e.g., a delayed delivery of a wedding guest dress), or post-purchase care (e.g., “How do I clean this silk blouse?”).
You may not use your account for fraudulent, illegal, or unauthorized activities—such as:
Placing orders with stolen payment methods, fake billing addresses, or fraudulent business credentials.
Creating multiple accounts to exploit promotions (e.g., using a single “first-order discount” across multiple accounts for womenswear).
Accessing or modifying other users’ accounts without permission, or interfering with the Website’s functionality (e.g., manipulating the Fit Finder Tool to generate incorrect size recommendations, or disrupting order processing systems).

3. Permitted & Prohibited Uses of the Website

3.1 Permitted Uses

You may use the Website only for the following lawful, non-commercial purposes (unless explicitly authorized for commercial use, e.g., wholesale accounts):

Browsing, searching, and learning about womenswear—including reading product descriptions (e.g., fabric composition, care instructions, size details), viewing high-resolution images of pieces (e.g., close-ups of embroidery on a dress, fit shots of jeans), and reviewing user feedback (e.g., “How does this blazer fit on plus-size bodies?”).
Creating and managing a user account to access personalized features (e.g., saving favorite pieces like a midi skirt, tracking the status of an order, or storing gift recipient addresses for holiday shopping).
Using interactive tools like the Fit Finder Tool or Style Quiz to explore personalized womenswear options—including saving results for future reference or sharing them with family/friends for feedback (e.g., “Should I order the small or medium for this sweater?”).
Placing orders for womenswear in accordance with our Terms of Purchase—including providing accurate details (e.g., size, color, shipping address) and reviewing order summaries before submission.
Contacting customer support for assistance with product questions, order issues, returns, or styling advice (e.g., “Can this dress be worn for a formal event?” or “How do I return an item I bought online?”).
Accessing and using non-commercial content from the Website (e.g., sharing a blog post about “womenswear trends for fall” on social media, saving a product image of a blouse for personal outfit planning)—provided you do not modify the content and include a link back to the Website.

3.2 Prohibited Uses

You may not use the Website for any of the following activities. We reserve the right to take legal action against you (and suspend/terminate your account) if you violate these restrictions—especially critical for protecting the integrity of our womenswear content, user data, and platform functionality:

Illegal or Fraudulent Activity: Violating any law or regulation—including but not limited to:
Fraudulently purchasing womenswear (e.g., using stolen credit cards, claiming false returns for used items, or misrepresenting your identity to obtain custom pieces).
Selling or distributing counterfeit Ohpollk products (e.g., copying our dress designs, using our logo to market fake womenswear).
Misrepresenting your purpose (e.g., posing as an Ohpollk representative to obtain user data, fabric sourcing details, or custom design templates).
Unauthorized Access or Interference: Attempting to access, modify, or disable any part of the Website—including:
Hacking, scraping, or using automated tools (e.g., bots) to collect product data (e.g., womenswear pricing, size charts, fabric specifications) without our prior written permission.
Overloading servers with excessive requests (e.g., repeatedly refreshing a product page during a limited-edition dress launch, or submitting multiple duplicate Fit Finder Tool requests) to disrupt Website functionality.
Interfering with order processing systems (e.g., manipulating checkout to avoid paying for high-value womenswear, creating fake orders to test inventory).
Misuse of Content: Copying, reproducing, distributing, modifying, or creating derivative works of any content on the Website—including:
Product images (e.g., using a photo of our blazer to promote another brand’s womenswear, or altering a dress image to sell as your own design).
Educational or technical content (e.g., republishing our “fabric care guide” or “size measurement tutorial” on another website).
Logos, trademarks, or brand names (e.g., using the “Ohpollk” name or logo without permission to market clothing repair services or unrelated products).

This does not apply to non-commercial, personal use as permitted in Section 3.1.

Harmful or Inappropriate Content: Posting, transmitting, or sharing content that is defamatory, harassing, threatening, obscene, discriminatory, or harmful—including:
False reviews of womenswear (e.g., lying about a sweater having a defective seam to harm our brand, or misleading other customers about the fit of a dress).
Hate speech related to body type, size, or style preferences (e.g., mocking users for choosing plus-size clothing, or shaming others for their fashion choices).
Malicious software (e.g., viruses, malware) that could damage the Website or users’ devices (e.g., infecting the Fit Finder Tool with a virus to steal body measurement data).
Exploitation of Promotions or Tools: Manipulating promotions, discounts, or interactive tools to gain unfair advantages—such as:
Using expired coupons for discounted womenswear, or combining incompatible promotions (e.g., using a “20% off all dresses” coupon with a “free shipping” offer if explicitly prohibited).
Creating fake accounts to claim the same promotion multiple times (e.g., a “free accessory with purchase” offer).
Misusing the Fit Finder Tool to generate incorrect size recommendations (e.g., inputting false measurements to receive a smaller size for free) or to collect data for commercial use.

4. Intellectual Property

All content on the Website—including but not limited to logos, trademarks, product images (of dresses, blazers, jeans, etc.), custom design templates, size charts, fabric guides, blog posts, videos, software, and interactive tools like the Fit Finder Tool—is the intellectual property of Ohpollk or our licensors. The “Ohpollk” name and logo are registered trademarks of Ohpollk, and all other trademarks displayed on the Website (e.g., “Organic Cotton Certified” badges, “Plus-Size Friendly” labels) are the property of their respective owners.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website’s intellectual property solely for your personal, non-commercial use of the Website (e.g., viewing a dress image to decide on a purchase, using the Fit Finder Tool to find your size for a sweater). This license does not allow you to:
Sell, rent, sublicense, or distribute any intellectual property from the Website (e.g., reselling our size charts to a competing womenswear brand, or charging others to access our fabric care content).
Use the Website’s intellectual property for commercial purposes (e.g., using Ohpollk’s product photos to market your own clothing store, or using our Fit Finder Tool algorithm to create a competing tool).
Alter, modify, or create derivative works of any intellectual property (e.g., editing a blazer image to make it appear to have a different fabric, or changing our logo to use on unauthorized merchandise).
Remove or obscure any copyright, trademark, or other proprietary notices from the Website’s content (e.g., deleting the “Ohpollk” watermark from product images, or removing copyright notices from blog posts).
Any unauthorized use of the Website’s intellectual property may violate copyright laws, trademark laws, and these Terms—and may result in legal liability (e.g., fines, damages) or account termination. For custom content (e.g., Fit Finder Tool results, personalized style recommendations), unauthorized use may also result in additional legal action to protect user data and platform integrity.

5. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content—including but not limited to:

Social media platforms (e.g., Instagram, Pinterest) where we share womenswear styling tips, user photos of Ohpollk pieces (tagged with #MyOhpollk), or new collection announcements.
Payment processors (e.g., Stripe, PayPal) used to process purchases of womenswear—especially high-value transactions like formal gowns or bulk orders.
Third-party resources (e.g., fabric certification organizations, clothing care blogs, or shipping carriers’ tracking pages for monitoring deliveries of orders).

These links are provided for your convenience only. Ohpollk does not endorse, control, or assume responsibility for any third-party content, products, or services. This includes:

The accuracy, legality, or safety of third-party websites (e.g., a blog post with incorrect information about fabric sustainability, or a third-party stylist service with poor reviews).
The privacy practices of third parties (e.g., a social media platform’s data collection policies for users sharing photos of Ohpollk womenswear, or a payment processor’s storage of financial information).
Any transactions or interactions you have with third parties (e.g., purchasing clothing care products from a linked store, or using a third-party tailor to alter an Ohpollk blazer).

You access third-party links at your own risk. We recommend reviewing the terms of use and privacy policies of any third-party website before using it. These Terms do not apply to third-party websites or content.

6. Disclaimer of Warranties

The Website and all content, features, and services offered on or through the Website are provided “as is” and “as available” without any warranties of any kind—either express or implied. To the maximum extent permitted by law, Ohpollk disclaims all warranties, including but not limited to:

Warranties of Merchantability: The warranty that the Website or womenswear will meet your expectations (e.g., a dress will fit as described, the Fit Finder Tool will provide accurate size recommendations). We strive to provide accurate product details and tool functionality, but minor discrepancies may occur (e.g., slight fabric color variations, size recommendations that need adjustment for body type).
Warranties of Fitness for a Particular Purpose: The warranty that the Website or its features will be suitable for your specific needs (e.g., the Style Quiz will recommend outfits that match your personal taste, the checkout process will work for international orders). We recommend testing tools like the Fit Finder Tool with a single purchase before relying on them for multiple orders.
Warranties of Non-Infringement: The warranty that the Website or its content (including custom tools like the Fit Finder Tool) will not infringe on the intellectual property rights of third parties. We take steps to ensure all content is original or properly licensed, but we cannot guarantee protection against claims from third parties.
Warranties of Availability or Error-Free Use: The warranty that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Technical issues (e.g., server downtime during a new collection launch, temporary glitches in the Fit Finder Tool) may occur, and we are not liable for any disruption to your use of the Website—though we will work to resolve issues promptly.

Your use of the Website is at your sole risk. If you are dissatisfied with the Website, its content, or any womenswear purchased through the Website, your sole remedy is to stop using the Website or return the product in accordance with our Refund Policy.

7. Limitation of Liability

To the maximum extent permitted by law, Ohpollk shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of the Website (or inability to access or use the Website), including but not limited to:

Damages from lost profits or business opportunities (e.g., a wholesale customer losing sales due to delayed access to the Website’s wholesale portal, or a stylist missing a client deadline due to a Fit Finder Tool glitch).
Damages from unauthorized access to or use of your account (e.g., fraudulent orders for high-value womenswear placed under your name, or unauthorized modifications to your saved size preferences).
Damages from errors, omissions, or inaccuracies in Website content (e.g., purchasing a “cotton” tee that is actually a cotton-polyester blend due to a description error, or receiving a size that does not match the Fit Finder Tool’s recommendation).
Damages from emotional distress related to womenswear (e.g., disappointment with a custom dress that does not fit as expected, or frustration with a delayed gift delivery for a special occasion).
Damages from viruses, malware, or other harmful components obtained through the Website (e.g., damage to your device from a malicious link, or loss of personal data from a security breach).

Our total liability to you for any claim related to these Terms or the Website shall not exceed the total amount you paid for womenswear through the Website in the 12 months preceding the claim. This limitation applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory—and even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ohpollk, its affiliates, employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Website (including any unauthorized use or violation of these Terms).