Volumental's Terms of Service

For example, as a part of your consumer experience, we enable you to scan your feet and create a 3D foot scan by using our in-store or web scanner, and receive personalized footwear recommendations from our retail partners. You also can use your Volumental scan with our various Retail Partners when looking for a perfect fit online (“Freedom to Fit”). Please note that Volumental does not share your personal data with third parties (except for the Retail Partner(s) you used our Service with).

We provide the Service in-store (e.g., on our in-store scanners) and online (e.g., on our website https://volumental.com/ or via Volumental’s e-commerce Widget) (the “Website”).

Our Service also enables you to enter into agreements with our third-party retail partners (e.g., retail stores) (“Retail Partners”). But we are not a party to those agreements or responsible for them as well as not an intermediary or an agent between you and our Retail Partners.

If the functionality of the Service allows and if you’re older than 16, you can create a user account (the “User account”). To create an account, you may be required to provide an email address, mobile number, and (or) other information, confirm it with means of authentification, and/or select a password.

If the functionality of the Service allows, you may also SSO to sign into your user account by, e.g., using one of the selected social media accounts or Apple ID. In this case, you authorize us to collect your data (e.g., your username, access credentials, and other information). Such information will be treated in accordance with our Privacy Policy.

Your User account is personal, and you are prohibited from providing a third party with access to the Service through your User account. If you have reason to believe that any third party has gained access to your User account, you must immediately inform us. In that case, we have the right to suspend access to your User account.

If your User account is left inactive, we have the right to cancel your User account permanently without prior notice.

We process your data. When creating your User account or using the Service, you will be asked to submit certain information about yourself. Please read our Privacy Policy before using the Service. You can find the privacy policy here: https://www.volumental.com/privacy-policy. Don’t use the Service if you don’t agree to the Privacy Policy.

If you accept and adhere to these Terms, you are granted a non-exclusive, non-transferable, revocable license to use, download and install the Service in the relevant territory for its intended purpose (e.g., for scanning your feet and getting recommendations). The license also includes the right to use the Service on a device for its intended purpose. You will not receive any other license to use our intellectual property rights.

We do not grant you, or any third party, permission to copy or alter the Service in whole or in part. You, or any third party, may not develop, add to, decompile, or make reverse engineering on the Service or its components without our written consent. It is not allowed to re-create the source code or its functionality or make copies of the software.

All intellectual property rights in the Scanner and the Website, or any other part of the Service, belong to or are disposed of with license by us. Nothing in these Terms shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.

Our Service lets you create, take, upload, send, receive, and store content (e.g., user-generated images). When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us and our affiliates a license to use that content.

You hereby give us a worldwide, perpetual, non-exclusive, gratuitous, transferable, and sub-licensable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, cache, present, display, modify, develop, and otherwise use the images generated by you while using the Service. This license is for the purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. Such information will be treated in accordance with our Privacy Policy.

Please kindly note that our Service with the scanning function requires taking photos of your foot, which will be sent to our servers for further processing. While taking photos, it's possible to accidentally capture unwanted subjects in the background. Thus, please ensure there are no unwanted subjects in the view before using our Service with the scanning function.

Additionally, we would like to emphasize that our Service operates under the assumption that you will only create, take, upload, send, and store images of your feet. Please be aware that all photos taken with our Service will be uploaded and processed on our servers. Hence, we kindly request that you carefully follow the instructions and refrain from taking any photos that you do not want us to have access to.

We do not want the Service to be used for anything other than its intended purpose (e.g., for scanning your feet and getting recommendations). Your use of the Service may only be for its intended purposes. If you do not accept this, don’t use the Service. If we discover that your User account is used for other purposes we have the right to suspend your account without prior notice.

You may not use the Service to distribute viruses, trojans, or similar programs. We do not allow automatic reading of the Service.

• 3D Foot scan (in-store and web)

The Service allows you to capture images of your feet which are used to generate your 3D foot scan. You agree and warrant that you will not film, capture, or upload any other image to the Service.

• Network Fees and Access

You are responsible for ensuring the necessary network access to use the Service. There may be additional costs (e.g. transfers of data and messaging services) which are not paid or reimbursed by us. You are also responsible for obtaining and maintaining the necessary hard- or software to use our Service.

The Service is provided ‘as is’ without warranties to the extent allowed by law. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, or qualification for any particular purpose, suitability, or accuracy of the Service.  We recommend you not to rely on the Service for a purpose that is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law, we are not liable to you or any third party for any direct, indirect, or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms or the inability to use the Service. We are not responsible to you for any third-party claims made against you.

We have the right to make changes and updates to these Terms. We will inform you of any such changes. We will give you such information by clear notice on the Website or by email to your email address. 

You have the right to terminate your user account and/or remove your 3D foot scan from the Service. For that, you will need to follow the instructions in the email with your scanning results.

We have the right to suspend your access to the Service if we have reason to believe that you are violating these Terms. Furthermore, we reserve the right to modify, discontinue, temporarily, or permanently cease providing the Service without prior notice, at our discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or any third party for such modification, suspension, or discontinuance.

You may not assign or transfer any rights, obligations, or licenses as provided in these Terms. We may assign and transfer our rights under these Terms without your consent and without notice to you.

These Terms shall be governed by and construed by Swedish laws, without regard to its conflict of law rules.

Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration by the Arbitration Rules of the SCC Arbitration Institute. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

As a consumer, in addition to/instead of the arbitration, you may have the opportunity to contact a local alternative dispute mechanism in the event you cannot resolve the dispute directly with us.

• California residents

If you are a California resident, under Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services

of the California Department of Consumer Affairs (1625 North Market Blvd., Suite N 112 Sacramento, CA 95834).