Vertical Fashion

RECITALS

About Us and What We Do
Vertical Fashion S.r.l. (hereinafter “VF,” “us,” or “we”) operates the mobile application “Vertical Fashion” (the “App”) and the website http://www.verticalfashion.app (the “Website”). The App and Website are collectively referred to as the “Platforms.” We are the operator of the Platforms and are responsible for their operation. Our Platforms are available worldwide in English and are designed to be quick and easy to use.

As the platform operator for the fashion and lifestyle community, we offer you the opportunity to enjoy a variety of content, including videos, fashion and trend news, live shows, and the ability to follow your favourite brands, stylists, models, VIPs, experts/influencers, and many others. You can also share posts with friends and engage in a range of other activities. Our Platforms provide you with easy and straightforward access to fashion and lifestyle news (hereinafter referred to as “Content”).

The Content available on our Platforms comes not only from us but also from third parties (“Third Parties”). This Content is: (i) provided via various hosting platforms, (ii) provided by our contractual partners, such as blogs and associations integrated into the Platforms, or (iii) provided directly by us.

We do not directly host third-party content that is stored on the respective hosting platforms, which is only embedded by us. Therefore, we have no influence over the scope, duration, or availability of such third-party content. You can identify the source of the Content based on the icons typically associated with it.

Scope and what you can and can’t expect

These terms of use apply to our Platforms with all online offers, content, functions, and services within the operating systems offered (currently iOS, Android). As soon as you use the App or our Website, you give your consent with these “Terms of Service”. Please read them carefully before using the App for the first time.

Depending on the country in which you are using our Platforms, you may be able to buy and watch individual live shows. Our streaming terms and conditions then apply.

These terms of use apply both to consumers and entrepreneurs. They are available online and apply to all our services, unless otherwise stipulated; if this is the case, we will make this clear at the appropriate point. Any user terms that conflict with or deviate from these terms of service do not apply unless we have expressly agreed to them in writing.

We may change or adapt these terms of service with future effect, for example to consider changes in the law, changes in the conditions for procuring content, or to close any loopholes herein.

As far as our fee-based offers are concerned, we will only change or adapt these terms of service with future effect if there are external circumstances that force us to do so, e.g. for example to consider changes in the law, changes in the conditions for procuring content, or to close any loopholes herein. In such a situation, we will provide you with timely, appropriate notice. Such changes would apply to paid offers if you don’t object to them in text form (e.g. email) within 30 days of such notice. Should you object, we or you may terminate the contract with immediate effect.

You have no guaranteed right to the availability of certain Content or media functions. We are not obliged to improve, expand, update, upgrade, or make the content, functions, and services available on the Platforms. We may stop any or all of our services at any time. There is no right to their continued provision.

Purpose, contract

This Term and Conditions of Use is a contract that covers the free and/or paid use of our Platforms.

The contractual relationship between you and us comes into force as soon as you click on the “Install” button found on the product description page in the respective app store and, if necessary, enter your password or as soon as you use the Website. In the free, purely ad-financed version of the Apps, advertisements will be displayed in the form of banners, full-screen ads, or sponsor content.

We offer a paid subscription service which will allow you to use the App without seeing advertising, that is otherwise usually displayed in the app in the following formats: – Native – Banner – Pre-roll video If you want to purchase our paid subscription, you can do so at the indicated price through Apple’s in-app purchase process. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the relevant app store. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the relevant app store (not directly from us).

Your subscription has an initial term of 1 (one) month or 1 (one) year which will be automatically renewed on a monthly or yearly basis unless you terminate the subscription by canceling it in your settings. You may terminate your subscription at any time prior to the expiry of your subscription period. The termination becomes effective on the day following the last day of your current subscription period and you will be downgraded to the regular app version. However, once you renew VF Subscription again, you will be instantly able to access the VF app without advertisement.

Your payment obligation to us will automatically be renewed at the end of the relevant subscription term unless you cancelled your paid subscription.

We will expand, change, delete, and improve our services and offers as necessary, especially if this serves technical progress, appears necessary, and/or is needed to prevent misuse. Such changes may lead to changes in the appearance, navigation, or functions of the App. However, we promise to always keep your user experience in mind. It is our top priority.

TERMS AND CONDITIONS OF USE

This page describes the terms and conditions that govern your use of certain VERTICAL FASHION digital products or services, including the mobile applications and the website https://verticalfashion.app , offered by Vertical Fashion S.r.l. (“VF”, “us” or “we”).

1. General Rules and Definitions
1.1 If you choose to use our mobile application (the “APP”), or any of the features of our web site (the “Site”), including but not limited to any software and all downloads (collectively, the “Services”), you will be agreeing to abide by all the terms and conditions of these “Terms and Condition of Use” between you and Vertical Fashion S.r.l. However you use our Services, you agree to be bound by these terms and conditions. Please read these terms carefully before proceeding.
1.2 Please be aware that we may change, add or remove part of these “Terms of Service” at any time, which shall become effective immediately upon posting. It is your own responsibility to review these “Terms and Condition of Use” prior to each use of the APP, Site and Services and by continuing to use these Services, you agree to any changes.  We may change, suspend or discontinue any aspect of the Services at any time to embrace changes to our products, to our users’ needs and to our business priorities. We may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. You are also responsible for ensuring that all persons who access the Services through your internet connection, user and password or by your social login, are aware of these terms and conditions, and that they comply with them.
1.3 Your continued use of the Site and Services, now or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules. We recommend that you print a copy of these terms and conditions for future reference.

2. Content on the Services
2.1 The contents of the Services are intended for your personal, non-commercial use. All content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by Vertical Fashion S.r.l. or the party credited as the provider of the Content. You acknowledge that, as between VF and you, VF is the sole owner of all contents of Services, including, without limitation, all applicable copyrights, patents, trademarks, names, logos, and other intellectual property rights thereto.
2.2 The Services and Contents are protected by copyright rules pursuant to Italian laws and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Contents or the Services (including software) in whole or in part.
2.3 Therefore you may download or copy a Content and other downloadable items displayed for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print and that you will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any of our Contents.
2.4 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Vertical Fashion, or the copyright holder identified in the “copyright notice” contained in the Content. Except as expressly authorised by VF, you are not allowed to create a database in electronic or paper support comprising all or part of the material appearing on the APP or Site of VF.
2.5 Certain Content is licensed from other Contents Creators; therefore, Vertical Fashion will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. Access and Availability of Services and Links
The APP or website or other Services may contain links to other related World Wide Web Internet third parts, such as advertisers. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Since we are not responsible for and have no control over the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

4. Data Privacy

Please read carefully our Privacy Policy to know all information of how personally identifiable information is collected and may be processed or shared with others.

5. Governing Law and Jurisdiction

This agreement will be governed and interpreted in accordance with Italian laws, without resorting to conflict of law provisions. Any disputes, including those relating to the validity, interpretation, execution, termination, and resolution of the clauses of this Terms and Condition of Use, will be subject to the exclusive jurisdiction of the Court of Milan.

6. Indemnification

You agree to defend, indemnify, and hold harmless Vertical Fashion S.r.l. and each of its respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these “Terms and Conditions” or “Privacy Policy” or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

7. Representations and Warranties
Vertical Fashion does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the APP, website and/or by any other Services provided to any person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITE AND SERVICES ARE THEREFORE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

8. No Waiver
10.1 Our failure to insist upon or enforce any provision of these “Terms of Service” shall not be construed as a waiver of any provision or right of Vertical Fashion S.r.l.

9. Assignment

9.1 We may transfer, pass on, or otherwise use our rights and/or obligations under these conditions without informing you in advance or obtaining your consent. If you are a user of a paid App version, we will inform you accordingly in text form (e.g. by email). You would then have the right to send us written notice terminating the contractual relationship within four weeks of receiving our notice.

9.2 With the exception of any claims for damages, you are not entitled to transfer, pass on, or otherwise trade your rights and/or obligations under these conditions.

10. Communications Between Vertical Fashion and Users
10.1   If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
10.2  Vertical Fashion reserves the right to send notifications to inform you of any changes or additions to the Service.
10.3  Vertical Fashion reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance. For more information, please read our Privacy Policy.
10.4  Vertical Fashion may contact you regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve our Services and better understand our users needs, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form. 

11. Dispute resolution procedure

The European Commission provides a platform for extrajudicial online disputes, which you can view here: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration committee.

12. Registration and Security
12.1 As part of the registration or account creation process, you will log in either using an email address via link or code or using social media authentication data. To use the Services, you must also provide us with certain registration information, all of which must be accurate and up to date.
12.2 Each registration is for a single user only. You are not allowed to share your account with anyone else. We may cancel or suspend your access to the Vertical Fashion Services if you share your account.

13. Terms and Conditions for Memberships

13.1 If You choose to sign up and become a Vertical Fashion Member (as Individual) in order to gain access to the APP Vertical Fashion, you will have unlimited access to all content on the APP including some exclusive content not available at present, such as “Live Shows and Events” or other “Exclusive Member Content” or “on-demand contents”.
13.2 Your membership will then auto renew each period (the renewal date being the end of the relevant month) with the relevant subscription fee being charged to the card details submitted by the member during registration. VF Membership (Individual) may be cancelled at any time, subject to the provisions below. For monthly subscriptions cancellation will be effective at the end of the monthly billing cycle during which such cancellation was requested. You shall be charged for the entire billing cycle during which cancellation is requested and no refund for any part-month remaining will be provided. For annual subscriptions, cancellation will take effect at the end of the applicable subscription year and will not be renewed for any further years. If you fail to request cancellation, such that your annual subscription has automatically renewed for another year, you will have 14 days from the renewal date during which you may cancel the annual subscription.
13.3 In order to cancel a subscription, you must follow the automated cancellation process by clicking on the ‘cancel my membership’ button, within the account section of the APP. You will be asked to provide a cancellation reason, to help us understand why you are cancelling. Once you have provided a cancellation reason and have confirmed your cancellation details, you will receive a confirmation email to let you know that this has been successfully processed. Only if you are unable to cancel via the automated cancellation process in our APP, then you may submit your cancellation request by emailing verticalfashion@pec.it The cooling off period is 14 days, meaning you will only be provided with any form of refund if you have successfully followed the automated cancellation process or submitted your cancellation request to us via email within 14 days of subscription renewal.
13.4 If payment using the card details you have submitted fails, you shall retain access to our APP (Individual) for 28 days from the date of such payment failure, following which you will lose access unless you provide alternative card details. Should you regain access following the provision of a valid payment method, your subscription shall resume from the date of initial payment failure.
13.5 Vertical Fashion reserves the right to change the features, content or services related to any Vertical Fashion Membership without notice to the user in order to improve the quality of the Membership offered to you or to comply with any relevant laws, regulations or Vertical Fashion policies. The Vertical Fashion Membership (Individual) subscription is priced as advertised on the website at time of purchase, and Vertical Fashion in its sole discretion reserves the right to amend or change any subscription price. Existing Vertical Fashion Members (Individual) will be provided with notice of any changes to future subscription prices. Any special offer or discount offered may be withdrawn or changed without notice.
13.6 Vertical Fashion Membership (Individual) is to be used by a sole individual per login credentials and is non-transferable. Membership benefits including logins, access to content and services are linked to a specific User and cannot be shared with other non-Users. Vertical Fashion shall monitor the number of devices used to access a Vertical Fashion Membership (Individual) and breach of these terms may result in VF revoking your access to the Site. In the event of access being revoked due to breach of this clause, no refund shall be provided for any membership fees you may have already paid.

13.7 The following clauses relate to the “Trial” offer in connection with VF Memberships or any other special offer we may propose to our users or the market. Please note that if you choose to become a member through the special offer at the launch of the app, you will receive a “Club Membership.” Specifically, as a “first downloader,” you will be granted “lifetime” status as a supporter member with the “Club Membership” label and will have unlimited access to all services for as long as you choose to use the app with your subscription details at registration. 

14. Termination and Duration
14.1 You can cancel the free version (if available) of your subscription at any time by deleting the app from your mobile device. For the paid version of the Vertical Fashion Subscription, you can terminate your subscription by cancelling it in the app settings. You may cancel your paid subscription at any time before the end of your current subscription period. The termination will take effect on the day following the last day of your current subscription, and you will be downgraded to the free version of the app, if available. However, if you renew your paid subscription, you will immediately regain access to the VF app without advertisements.
14.2 The subscription will automatically expire at the end of the subscription period: 1 (one) month for a monthly subscription or 1 (one) year for an annual subscription.
14.3 We reserve the right to terminate our contract with you regarding the use of the free version of the app at any time.
14.4 Both you and we have the right to terminate the contract for cause. If we terminate the contract for any reason other than a breach by you, you are entitled to a partial refund of any prepaid amount for the paid version of the app.

15. User Obligations for Lawful Use
The user agrees to use the “Vertical Fashion” application and its content in compliance with all applicable laws and regulations, as well as the terms and conditions set out in this agreement.

In particular, the user agrees to:

1. Lawful and Correct Use: Use the App solely for lawful purposes and refrain from engaging in any activity that may violate local, national, and/or international laws, regulations, third-party rights, or the terms and conditions of this agreement. The user is fully responsible for all activities conducted through their account.
2. Intellectual Property: Respect all intellectual property rights relating to the Content provided on the App, including, but not limited to, copyright, trademarks, and other proprietary rights. The user is prohibited from copying, distributing, reproducing, modifying, publishing, transmitting, or displaying any Content without the explicit permission of the rights holders.
3. Compliance with Privacy Laws: Comply with data protection and privacy laws, using the App and its Content only for purposes consistent with our Privacy Policy and applicable data protection laws, including Regulation (EU) 2016/679 (GDPR) and other local or international regulations.
4. User Conduct: Refrain from any activity that may interfere with the proper functioning of the App or with its access by other users, including, but not limited to, the use of hacking systems, viruses, malware, denial-of-service (DoS) attacks, or any other harmful computer techniques.
5. Monitoring and Account Suspension: Vertical Fashion S.r.l. reserves the right to monitor the use of the App and to suspend or close the account of any user who violates the above provisions, or who, at Vertical Fashion S.r.l.’s sole discretion, may harm the integrity of the App or its services.

The user agrees to respect all rights, obligations, and responsibilities arising from these terms and conditions, and assumes full responsibility for any violation of laws or third-party rights resulting from the use of the App.

16. Liability
16.1 Except as set out in Section 11.2, our liability in connection with the performance of our contractual obligations towards you or any other user is limited to the typical foreseeable damages that would arise from this type of contractual relationship in the event of a negligent breach of an essential contractual obligation. An “essential contractual obligation” under these terms is one that is necessary for the proper execution of the agreement, the breach of which endangers its purpose and performance, and on which users can reasonably rely. “Typically, foreseeable loss or damage” refers to losses that could reasonably have been foreseen at the time these terms and conditions were accepted. We and our agents disclaim any liability for damages arising from the negligent breach of a non-essential contractual obligation.
16.2 However, we and our agents do not limit or disclaim liability for damages resulting from death, personal injury, fraud, or gross negligence or wilful misconduct on our part. Furthermore, any mandatory consumer rights under applicable law remain unaffected.
16.3 The disclaimers and limitations of liability set forth above do not apply in cases where we fraudulently conceal a material circumstance relating to the standard of the platforms or if we guarantee the functionality of the app or website. The same applies to any user claims under the Product Liability Act.
16.4 We shall not be liable for any damages arising from force majeure events, including, but not limited to, the following: failure of electronic or mechanical devices or communication channels, acts of third parties (such as denial-of-service attacks or excessive or improper use of the apps), telephone or other connection issues, computer viruses, unauthorized access, theft, operational errors, fire, storms (including floods), actions or regulations by supervisory, governmental, or supranational authorities, war, riots, or industrial disputes.

17. Cancellation and Refund Policy
Should you cancel your VF Membership within the 14-day cooling-off period as outlined in the Consumer Contracts Regulations, your membership will cease, and you will be offered a refund in accordance with the relevant Legislative Decree and European Commission Directives.

Legal References and Consumer Protection
The use of the app is governed by the following regulations, which protect consumer rights:

1. Directive (EU) 2011/83/EU on consumer rights, implemented in Italy by Legislative Decree No. 21 of February 21, 2014, which establishes fundamental consumer rights in the case of distance contracts and contracts concluded outside business premises, including the right of withdrawal and pre-contractual information requirements.
2. Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, implemented in Italy by Legislative Decree No. 173 of November 4, 2021, which sets specific obligations in case of non-compliance with digital services and provides remedies for consumers.
3. Directive (EU) 2019/2161, amending Directive 93/13/EEC on unfair contract terms, implemented in Italy by Legislative Decree No. 26 of March 7, 2023, which updates the Consumer Code to ensure greater protection against unfair commercial practices and unfair terms.
4. Directive (EU) 2020/1828 on collective actions for consumer protection, implemented in Italy by Legislative Decree No. 28 of March 10, 2023, which promotes collective actions in cases of consumer harm caused by unfair commercial practices.
5. Directive (EU) 2005/29/EC on unfair commercial practices, which prohibits misleading and aggressive practices toward consumers.
6. Directive (EU) 2006/114/EC on misleading advertising and the comparison of offers, which regulates the advertising of products and services.

Useful Links:

• European Commission – Consumer Rights
• EUR-Lex: 2024 EU Directives

Last updated: January 3, 2025

WE ENCOURAGE YOU TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS
AND VISIT THIS PAGE PERIODICALLY TO CHECK FOR ANY UPDATES.

CONTINUED USE OF THE SERVICES AFTER ANY UPDATES
WILL BE CONSIDERED AS YOUR ACCEPTANCE OF THE MODIFIED TERMS.