United States Terms & Privacy Addendum

1. Scope & Relationship to the Master Terms

This United States Addendum (the "US Addendum") applies in addition to our Terms of Service and Privacy Policy whenever you access or use the Platform from the United States or you are a U.S. resident. The Terms of Service and Privacy Policy remain in full effect; this US Addendum supplements them with rights and obligations specific to U.S. federal and state law. Where this US Addendum conflicts with the Master Terms for U.S. users on a topic it specifically covers (arbitration, DMCA, state privacy rights, biometric law, sales tax, U.S. marketing law), this US Addendum prevails for U.S. users only. This US Addendum is written and executed in English. Translations are for information only and are not legally authoritative.

2. Federal Arbitration Act & Governing Law for U.S. Users

This US Addendum and any dispute arising out of or relating to it, the Master Terms, or your use of the Platform is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. ("FAA"), and, to the extent not preempted by federal law, by the substantive law of England and Wales. The FAA governs the interpretation and enforcement of the arbitration provisions in Sections 3 to 6 below. Nothing in this section limits the parties' obligations under non-waivable U.S. consumer-protection statutes.

3. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. You and TerzyApp agree that any dispute, claim, or controversy arising out of or relating to the Master Terms, this US Addendum, the Platform, or your relationship with TerzyApp (a "Dispute") that has not been resolved after you have raised it with us — by reporting the problem to the Seller in the in-app chat and, if that does not resolve it, contacting TerzyApp Support from the Order so that we can review what both of you provide — and that has an amount in controversy of US$10,000 or more shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be the U.S. county in which you reside, or, if you do not reside in the United States, New York, New York. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

4. Class Action Waiver

YOU AND TERZYAPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court of competent jurisdiction finds this class-action waiver unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and proceed in court, and the remainder of the arbitration agreement remains enforceable. This Class Action Waiver does not preclude individual claims for public injunctive relief where such waiver would be unenforceable under McGill v. Citibank (Cal. 2017).

5. 30-Day Opt-Out of Arbitration

You may opt out of the arbitration agreement in Sections 3 and 4 by sending written notice to [email protected] within 30 days after you first accept these Terms (or, for existing users, within 30 days after this US Addendum is published). Your notice must include your full name, account email, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of the Master Terms or this US Addendum. If you opt out, disputes will instead be resolved in the courts identified in Section 7.

6. Small-Claims Carve-Out

Notwithstanding Sections 3 and 4, either party may bring an individual action in a U.S. small-claims court of competent jurisdiction for any Dispute within that court's jurisdictional limit (typically up to US$10,000, depending on state), so long as the action remains in that court and proceeds on an individual (non-class) basis. The arbitration agreement and class-action waiver do not apply to such individual small-claims actions.

7. Courts of Last Resort & Jurisdiction

For Disputes that are not subject to arbitration under Section 3 (because the amount is below US$10,000, because a court has held the arbitration agreement unenforceable, or because you have opted out under Section 5), the exclusive jurisdiction lies with the federal and state courts located in New York County, New York, and you and TerzyApp consent to personal jurisdiction in those courts. Nothing in this Section limits your rights under non-waivable consumer-protection law in your state of residence.

8. DMCA Notice & Takedown

We comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe content on the Platform infringes your copyright, you may submit a written notice to our designated DMCA agent that includes (a) a physical or electronic signature of the rights owner or authorised agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material with sufficient detail to locate it; (d) your contact information; (e) a statement under penalty of perjury that you have a good-faith belief that the use is not authorised; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the rights owner or authorised to act on their behalf. Counter-notices follow the procedure in 17 U.S.C. § 512(g).

9. Designated DMCA Agent

Our designated DMCA agent for notices is: DMCA Agent, Terzyapp UK Ltd, c/o [U.S. agent address TBC], email [email protected]. We have registered (or will register) this agent with the U.S. Copyright Office under 17 U.S.C. § 512(c)(2). Notices that do not substantially comply with § 512(c)(3) may not be actionable. We maintain a repeat-infringer policy and will terminate accounts of users who repeatedly infringe copyright.

10. Children's Online Privacy — COPPA

The Platform is not directed to children under 13 and we do not knowingly collect personal information from children under 13 within the meaning of the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501–6506). If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information promptly. A parent or guardian who believes we have inadvertently collected such information should contact [email protected]. The Platform's minimum age remains 18, as stated in the Master Terms.

11. California Privacy Rights (CCPA / CPRA)

If you are a California resident, you have the rights below under the California Consumer Privacy Act, as amended by the California Privacy Rights Act. We have not sold personal information for monetary consideration in the past 12 months and do not anticipate doing so.

• Right to know — categories and specific pieces of personal information we have collected, sources, purposes, and recipients.
• Right to delete — subject to legal retention obligations (tax records, fraud investigation, defective-product claims).
• Right to correct — inaccurate personal information.
• Right to opt out of "sale" or "sharing" of personal information — including cross-context behavioural advertising. We honour the Global Privacy Control signal where presented by your browser.
• Right to limit use of sensitive personal information — including precise geolocation and biometric data; we limit such use to the purposes set out in our Privacy Policy.
• Right to non-discrimination — we will not deny services, charge different prices, or provide a different level of quality because you exercise your rights.
• Right to designate an authorised agent to submit a request on your behalf, with verification.

12. Privacy Rights in Other U.S. States

If you are a resident of Colorado, Connecticut, Delaware, Iowa, Minnesota, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you have rights substantially similar to those described in Section 11 under your state's comprehensive consumer privacy law (CPA, CTDPA, DPDPA, ICDPA, MCDPA, MDPA, NHPA, NJDPA, OCPA, TIPA, TDPSA, UCPA, VCDPA respectively). These include rights to access, correct, delete, port, and opt out of targeted advertising, sale, and certain profiling. To exercise any of these rights, submit a request to [email protected]. We will respond within the timeframes required by your state's law (typically 45 days, extendable by 45). If we deny your request, you have the right to appeal to [email protected].

13. Illinois Biometric Information Privacy Act (BIPA)

If you are an Illinois resident and use the body-measurement service, you are providing a biometric identifier or biometric information within the meaning of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. ("BIPA"). Before the first body-measurement session, we present a separate consent screen that summarises, and links in full to, the Biometric & Body Data Notice. That screen informs you (a) that we are collecting biometric data, (b) the specific purpose (estimating measurements to support tailored orders), (c) the retention period (raw images are deleted as soon as the measurement values have been derived from them, and where a capture is not processed successfully an automated clean-up removes the images, and a deletion that does not succeed at the first attempt is logged so that we can remove the file; the derived measurement values are retained until you delete them or close your account), and (d) requires your informed written consent, which you give through an explicit consent control before any capture takes place. We do not sell, lease, trade, or otherwise profit from your biometric data. We do not disclose biometric data to third parties except (i) to the Seller you have contracted with, where strictly necessary; (ii) where required by law, subpoena, or warrant; or (iii) with your separate written consent. Biometric data is stored using the same standard of care we use for other confidential personal information (encryption in transit and at rest, role-based access controls).

14. Texas Biometric Identifier Law (CUBI)

If you are a Texas resident, the collection of biometric identifiers is governed by Texas Business and Commerce Code §§ 503.001 et seq. ("CUBI"). We provide notice before capturing biometric identifiers and obtain your consent through the Biometric & Body Data Notice. We do not sell biometric identifiers. We destroy biometric identifiers within a reasonable time, and in no event later than the first anniversary of the date the purpose for collecting the identifier expires. Raw images and depth captures are destroyed as soon as the measurement values have been derived from them, and where a capture is not processed successfully an automated clean-up destroys them, and a deletion that does not succeed at the first attempt is logged so that we can remove the file; the derived measurement values are destroyed when you delete them, when you close your account, or one year after your last interaction with the Platform, whichever is sooner.

15. California Shine the Light

California Civil Code § 1798.83 permits California residents to request information about disclosures of personal information to third parties for those parties' direct marketing purposes during the prior calendar year. We do not disclose personal information to third parties for their direct marketing purposes.

16. Sensitive Personal Information

Under the CPRA and several other state laws, certain categories of data are designated "sensitive personal information," including precise geolocation, biometric data, account login credentials, and contents of communications. We process sensitive personal information only for the purposes set out in the Privacy Policy and applicable state law, do not use it to infer characteristics about you for advertising, and honour requests to limit its use as described in Section 11.

17. U.S. Marketing — CAN-SPAM & TCPA

Marketing emails to U.S. recipients comply with the CAN-SPAM Act of 2003. Each marketing email includes (a) accurate header information; (b) a non-deceptive subject line; (c) identification as an advertisement where required; (d) our postal address; and (e) a clear, working unsubscribe mechanism honoured within 10 business days. You can also manage your marketing email preferences from your account at any time. We do not currently send marketing SMS, marketing MMS, or pre-recorded or auto-dialled marketing calls to U.S. recipients. If we introduce any of them in future, they will be sent only with your prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and FCC implementing rules, and each message will include instructions for opting out. The only text messages we send today are transactional: one-time passcodes used to sign in or verify your identity, and notices confirming a change to the phone number on your account. You receive these because you asked us to take that action, and we do not use them to market to you. Message and data rates may apply. If you have any question about messages you receive from us, contact [email protected].

18. Sales Tax — Marketplace Facilitator

TerzyApp acts as a "marketplace facilitator" for sales-tax purposes in U.S. states where marketplace-facilitator laws apply. In those states, where TerzyApp is registered and has enabled tax collection, we calculate, collect, and remit applicable state and local sales or use tax on Orders shipped to that state, you authorise us to do so on the Seller's behalf, and the applicable tax is shown at checkout. Where we have not enabled marketplace-facilitator collection for a state, no sales tax is added by TerzyApp at checkout, the Seller remains responsible for any tax due on its supply, and you may be responsible for self-assessed use tax where your state requires it. Acting as a marketplace facilitator for sales-tax purposes does not make TerzyApp the seller of the underlying goods for warranty, product-liability, consumer-protection, or other purposes; the Master Terms continue to govern those matters. Sellers remain responsible for their own federal and state income tax.

19. Accessibility

TerzyApp is committed to making the Platform accessible to users with disabilities consistent with the Americans with Disabilities Act and applicable Web Content Accessibility Guidelines (WCAG 2.2 AA). If you encounter an accessibility barrier, please contact [email protected] so we can work to address it.

20. Export Controls & Sanctions

You represent that you are not located in, ordinarily resident in, or a national of any country or region subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, and Zaporizhzhia and Kherson regions of Ukraine), and that you are not on the U.S. Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals list or any equivalent restricted-party list. The Platform is subject to U.S. export-control laws including the Export Administration Regulations; you agree not to export, re-export, or transfer Platform content in violation of those laws.

21. Changes to This US Addendum

We may update this US Addendum from time to time. Material changes will be notified at least 30 days in advance by email or in-app message. Non-material changes take effect when published. If you do not accept a material change, you may close your account; doing so does not affect Orders already in progress or arbitration agreements covering Disputes that have already arisen. The "Last updated" date reflects the current version.