Terms of service

Agreement

These terms are an agreement between you and Steven Michael Barber, doing business as Chimney Top Digital Services, a sole proprietorship based in Tennessee, which provides EZCapsule. You accept them by ticking the "I agree" box when you sign in. If you use the service for a business, you accept them for that business.

You must be at least 18 years old to use EZCapsule. It is not directed at anyone under 18; we do not knowingly collect their data.

Please read the "Disputes" section: disputes go to court in Tennessee or small-claims court, and it waives class actions and jury trials.

The service

EZCAPSULE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, CHIMNEY TOP DIGITAL SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not promise the service will be uninterrupted or error-free.

Important limits

EZCapsule gives general capsule wardrobe guidance from built-in templates. It is not personal styling advice, and outfit counts are arithmetic on what you enter.

EZCapsule never analyzes the people in photos: it does not detect faces or measure bodies, and it has no selfie, body-shape or try-on feature.

Your responsibilities

Keep your sign-in email secure, only add data you are allowed to store, and do not use the service to break the law or anyone else’s terms.

To protect the service, we limit how often some actions can be repeated (such as sign-in emails, invitations, account renames and checkouts); a request over the limit is refused for a while and can be tried again later.

Who can use EZCapsule

You must be 18 or older to create an account. EZCapsule is not for children, and we do not knowingly collect information from anyone under 18.

Your photos

Upload only photos you took or have the right to use. Photograph the item, not yourself.

Do not upload photos of other people, and never upload photos of minors. We may remove any photo that breaks these rules.

Photos are resized and stripped of location and camera data in your browser, and the server refuses any photo that still carries that data.

General guidance, not personal styling

Templates, gaps, outfit counts and suggestions are general capsule wardrobe guidance written by us. They are not personal styling, fit or sizing advice, and we make no promise about how any item will look or fit.

Affiliate links

Some suggestions may link to retailers. When a suggestion is a paid link, the card says so next to the link: we earn a commission if you buy through it, at no extra cost to you. Links to Amazon also carry the statement Amazon requires.

Suggestions are optional. You can mark any gap as not needed instead of buying.

Advertising

The free plan may show ads, but never on screens that show your photos, the sign-in pages or the export page. Where the law requires it, ads load only after you consent.

Limitation of liability

To the fullest extent the law allows: (a) Chimney Top Digital Services is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, or for legal fees, settlements or judgments you incur, even if told they were possible; and (b) our total liability for all claims about the service is limited to the greater of the amount you paid us in the 12 months before the claim and US $100.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for gross negligence or willful misconduct, or for anything else the law does not allow to be limited.

Some jurisdictions do not allow some of these limits, so they may not all apply to you.

Disputes: informal resolution, courts, and class-action and jury waivers

Before starting any claim, email support@chimneytopdigital.com with a description of the dispute and give us 30 days to try to resolve it.

If it isn't resolved, either you or Chimney Top Digital Services may bring an individual claim in a small-claims court that has jurisdiction over it. Any other dispute about these terms or the service will be decided only by the courts named in "Governing law and venue".

Class-action waiver: to the extent the law allows, claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. Jury-trial waiver: to the extent the law allows, you and we each waive the right to a jury trial.

Consumers in the EU and the UK: the mandatory consumer-protection law of the country where you live prevails over these terms. The class-action and jury-trial waivers and the Tennessee venue do not apply to you, and you may bring a claim in the courts where you live.

Governing law and venue

These terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Except for claims in small-claims court, any dispute will be heard only in the state courts of Knox County, Tennessee, or the U.S. District Court for the Eastern District of Tennessee, and both parties consent to that jurisdiction. For consumers in the EU and the UK, the previous section applies instead.

Changes to these terms

We may change these terms from time to time. When we do, we will post the updated terms at the same address with a new effective date.

For a material change we will give you at least 30 days' notice before it takes effect, by email to your account's sign-in address or by a notice in the service, unless a change is needed sooner to comply with the law, to address a security or safety issue, or to add a feature you can choose not to use. If the service asks you to tick an "I agree" box, we will also ask you to accept the new terms at your next sign-in after they take effect.

The changed terms apply to you once you accept them by ticking the box; until you do, you are signed out and cannot sign in. If you do not accept them, stop using the service before the effective date; you can delete your account at any time.

A change to the "Disputes" section does not apply to a dispute that either party told the other about in writing before the change took effect. Earlier versions of these terms are available on request.

Contact and legal notices

Chimney Top Digital Services. Email: support@chimneytopdigital.com.

Legal notices and service of process: Chimney Top Digital Services, 9169 W State St #2913, Garden City, ID 83714, USA.