We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of the SPECS website, the SPECS app, or any of our other products or services that are subject to them (which we refer to collectively as the “Specs Services”). These Terms form a legally binding contract between you and Specs Inc. (“Specs”). So please read them carefully.

Some Specs Services are personalised and we provide information about how they work in these Terms, our Privacy Policy, on our Support Site, and within the Specs Services themselves (such as in notices, consents, and settings). These resources collectively govern your use of the Specs Services and form our agreement with you.

These Terms also incorporate the Snap Terms of Service. The Specs Services are a “Service” as defined in the Snap Terms of Service, which among other things, means your use of the Specs Services is subject to the disclaimers and limitations of liability in the Snap Terms of Service.

By using any of our Specs Services, you agree to the Terms. Of course, if you don’t agree with the Terms, then don’t use the Specs Services.

THESE TERMS INCORPORATE THE ARBITRATION CLAUSE IN THE SNAP TERMS OF SERVICE. IF YOU LIVE IN THE UNITED STATES, YOU AND SPECS AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SPECS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

IF YOU LIVE OUTSIDE THE UNITED STATES, THERE MAY BE SOME ADDITIONAL RIGHTS THAT APPLY TO YOUR AGREEMENT WITH US. THE PROVISIONS OF THESE TERMS DO NOT AFFECT STATUTORY RIGHTS YOU MIGHT HAVE UNDER THE LAWS IN THE COUNTRY WHERE YOU LIVE.

Some of our Specs Services may have additional terms that contain dispute resolution provisions unique to that Specs Service or your residency.

If you are using the Specs Services on behalf of a business (rather than for your personal use), you and Specs agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Specs Services will be finally settled through binding arbitration under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Specs Services.

The Specs Services are not directed to anyone under the age of 18, and you must be 18 years or older to use the Specs Services. To use the Specs Services, Specs grants you a non-assignable, non-exclusive, revocable, and non-sublicensable licence in accordance with these Terms and our policies. Our virtual try-on features provide approximations only and we do not guarantee accurate fit or sizing.

We may offer additional Specs Services with additional terms that may require you to be even older to use them. So please read all such terms carefully. By using the Specs Services, you represent, warrant, and agree that:

• you can form a binding contract with Specs;

• you are not a person who is barred from using the Specs Services under the laws of the United States or any other applicable jurisdiction – including, for example, that you do not appear on the US Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;

• you are not a convicted sex offender; and

• you will comply with these Terms (including any other terms and policies referenced in these Terms) and all applicable local, state, national, and international laws, rules and regulations.

If you are using the Specs Services on behalf of a business or some other entity, you represent that you are authorised to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Your privacy matters to us. You can learn how your information is handled when you use our Specs Services by reading our Privacy Policy.

As between you and us, Specs is the owner of the Specs Services, which includes all related brands, works of authorship, software, and other proprietary content, features and technology. The Specs Services may also be covered by patents owned by Specs or its affiliates, including those listed at www.specs.com/patents.

You must also respect Specs’ rights and adhere to the SPECS Brand Guidelines, and any other guidelines, support pages, or FAQs published by Specs or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to the Specs Services:

• use branding, trademarks, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials Specs makes available via the Specs Services, except as explicitly allowed by these Terms, the SPECS Brand Guidelines, or other brand guidelines published by Specs or our affiliates.

In summary: We own or control all of the content, features and functionalities of the Specs Services. To ensure the Specs Services and other users are protected from harm, there are rules we need you to follow when you use our Specs Services.

Specs honours trademark, copyright, and other intellectual property laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Specs Services any infringing material that we become aware of. If you believe that anything on the Specs Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice with our designated agent: Specs Inc., Attn: Copyright Agent, 3000 31st Street, Santa Monica, CA 90405, email: copyright@specs.com. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, including trademark infringement, on the Specs Services, please use the tool accessible here. 

In summary: If you see anything which you believe infringes your intellectual property rights, let us know.

We’re relentlessly improving our Specs Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Specs Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

This also means we may need to update these Terms to reflect any changes to our Specs Services or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If those changes to these Terms are material we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Specs Services or features). If you continue to use the Specs Services once the changes come into effect, we will take that as your acceptance.

In summary: The Specs Services are going to evolve over time. We may update these Terms from time to time to reflect these changes or for other reasons.

PLEASE READ THE ARBITRATION CLAUSE IN THE SNAP TERMS OF SERVICE CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SPECS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. 

1. Opt-Out. You may opt out of the Arbitration Agreement as explained in the Snap Terms of Service. The contact information for your opt-out notice is: Specs Inc., Attn: Arbitration Opt-out, 3000 31st Street, Santa Monica, CA 90405, or email the opt-out notice to arbitration-opt-out@specs.com.

In summary: Unless you exercise your right to opt out, Specs and you will resolve all claims and disputes first through an informal dispute resolution process and, if that does not resolve the issue, on an individual basis using binding arbitration. This means that you cannot bring a Class Action suit against us in the event of a claim or dispute.

Except to the extent they are pre-empted by US federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these Terms or their subject matter.

If you are a resident of California, in accordance with 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 by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

These Terms, including the additional terms referenced at the beginning, make up the entire agreement between you and Specs, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Specs Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

Specs welcomes comments, questions, concerns or suggestions. You can contact us or get support here. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you and without any restriction or obligation to you. You agree that we will own all rights in anything we develop based on such feedback or suggestions.

Specs Inc. is located in the United States at 3000 31st Street, Santa Monica, California 90405.