TERMS AND CONDITIONS FOR THE USE OF LOOKALIKE

Before accessing Lookalike, you must read and accept these Terms and Conditions, which represent the contract on the basis of which the use of Lookalike is offered both on the mobile application that is downloaded on your smartphone or tablet and on the website www.lookalike.it. It is important to understand these terms because, in order to use our services, you must accept them.

1.DEFINITIONS

1.1 The words listed below, whenever used in these Terms and Conditions with capital letters, shall have the following meanings:

Lookalike: Lookalike S.r.l., with registered office in Via del Gonfalone 3, 20123 Milan (MI), P.I./C.F. 11814320963, pec lookalikesrl@pec.it.

Platform: means jointly the mobile app and the website developed by Lookalike and through which users can take advantage of the services offered by Lookalike.

User: means the person browsing the Platform and to whom the offer of products is addressed.

Visitor: means any User not registered with Lookalike who may use the Platform for certain functionalities without registering, in accordance with the Terms and Conditions.

Partner: the natural or legal person who offers products via the Platform.

Shop: a website managed in total autonomy by the Partner which, on the basis of a collaboration agreement with Lookalike, advertises its Products on the Platform and which can be accessed via links from the Platform.

Products: means the goods that the Partner sells in its Stores and makes visible on the Platform.

Parties: Lookalike and the User where indicated jointly.

Terms and Conditions: the present contract governing the relationship between Lookalike and the Users, including Visitors.

Services: the services offered by Lookalike through the use of the Platform.

User Account or Account: means the User's account created at the time of registration to Lookalike, containing his data and information regarding his activities within the Platform.

Authentication Credentials: the username and password used by the User to access the Platform.

Tips: the section of the Platform through which Users can collect opinions about Products in the form of "ok" or "ko" via a link sent on WhatsApp. The recipient of a tip is a contact of the User, who must be registered on the Platform in order to reply.

Notifications: indicates the content shared by Lookalike with the Users, concerning in particular short and long term offers, initiatives, new brands or the notification of a reply to a Tips. The Visiting User may also receive notifications regarding the presence of new brands and other important messages relating to the operation of the Platform.

2. SUBJECT OF TERMS AND CONDITIONS

2.1 By accessing, browsing and registering on the Platform, as well as by downloading and installing the Lookalike App, the User unreservedly agrees to be legally bound by these Terms and Conditions. Users and Visitors are obliged to read the Terms and Conditions carefully and to save or print them for future reference.

2.2 The main service provided by Lookalike consists in making available to the Users the most important platforms related to the fashion world, whose contents are made accessible through an automated search function of the Products by images through the photos taken and uploaded by the User. Lookalike also provides Users with an easy way to exchange opinions on the Products and shopping, allowing them to share their purchasing decisions with their friends through the Tips function.

2.3 Lookalike links to third party websites, the Stores, where Users can purchase Products. This means that Lookalike is not part of the sales contract, which will be stipulated exclusively between the Users and the Partners, and does not assume any responsibility deriving from the relationship established between them, being considered as a mere manager of the Platform.

2.4 As the eventual contract stipulated between the Partners and the Users is not the subject of the present Terms and Conditions and does not involve Lookalike, the latter shall not be in any way responsible for flaws and defects of the Products and for any possible breach by the Partners.

2.5 The User declares himself aware that although Lookalike takes every care to ensure that the information displayed is presented by the Partners in accordance with the state of affairs, it cannot provide any assurance in this respect. In order to check the final price, description and availability of the Products, the User must check this information on the website of the Shop from which the offer comes.

3. REGISTRATION

3.1 The Platform and its Services are not available to minors.

3.2 Some of the Platform's functions can be used by Visitors without the need to register and create an Account.

3.3 However, in order to access all the features of the Platform, it is necessary to register.

3.4 In order to register, the User undertakes to provide the data requested in the registration form, guaranteeing its truthfulness and completeness (name, email, telephone and password).

3.5 In the case of registration through his Facebook profile, the User must allow Lookalike to access the account information and must still provide his telephone number, if not present, in order to receive the five-digit verification code for the security check by double opt in.

3.6 Lookalike will require the User to perform an Account verification for security purposes. This will be done by verifying the User's telephone number.

3.7 Once registration is complete, any User may access their profile and complete and/or amend it as they see fit by entering other data such as gender, date of birth and profile picture. The User's profile will then contain the photos uploaded in order to access the search engine or the "Album" (i.e. all the "Lookalikes"), the "favourite" Products indicated by the User on the Third Party Stores and the details of the Tips. The images stored in the Album will be deleted from Lookalike every six months.

3.8 The User is responsible for the safekeeping of his Authentication Credentials and undertakes to keep them secret, ensuring that no third party has access to them. The User shall inform Lookalike immediately if he suspects or becomes aware of any improper use or disclosure of the Credentials.

3.9 The User agrees to hold Lookalike harmless and indemnified against any damages, compensation obligations and/or sanctions arising from and/or in any way connected to the violation by the User of the rules on registration to the Platform or the storage of Authentication Credentials.

4. SEARCH FOR PRODUCTS USING IMAGES AND SENDING TIPS

4.1 In order to search for a Product on Lookalike, the User must upload the photo taken or stored on their mobile device or PC to the Platform. The image search tool, based on advanced algorithms, will efficiently retrieve Products that are the same or similar to the one depicted in the uploaded image.

4.2 The search results of LookaliKe link to third party websites, the Shops, which are not owned or controlled by Lookalike. By clicking on links to third party websites and making a purchase, Lookalike may earn a commission. There may also be Sponsored Products which will be displayed before others and which will be notified to the User. The Products may also be offered on the Platform through the e-commerce "Lookalike Selection", which is owned by Lookalike S.r.l. but is configured as a different platform.

4.3 The uploaded images shall not be made accessible to other Users and shall not be shared with the Partners, who shall only be able to ascertain that the User comes from the Platform by means of an affiliate code, which informs the target website or Shop that the traffic comes from Lookalike.

4.4 The uploaded images must conform to certain requirements and the User must ensure that they comply with them. Failure to comply with these conditions may result in the interruption of access to Lookalike at any time in accordance with article 6 below.

4.5 The images must respect the following conditions

a) they must relate only to a product (e.g. dress or fashion accessory) and no other subject. Any other type of image depicting content other than the desired product is prohibited (e.g. photographs on which the User or different people or animals or any other type of subject or reproduction are visible);

b) must not contain illegal content (i.e. obscene, pornographic, abusive or in any way unlawful);

c) must not infringe the rights of third parties, such as intellectual property rights or provisions for the processing of personal data and must not violate any applicable local, national or international law or regulation.

4.6 If the images do not contain the representation of a product, the Platform's search engine does not recognise them and will send a message to the User that the search cannot be carried out. The same will happen if the brand searched for is not yet present on the Platform.

4.7 The User guarantees that the images are sent to the Platform by adults. For minors, the submission must be screened and authorised by their parents or those exercising parental responsibility.

4.8 The sole purpose of sending Tips with links from WhatsApp to your contacts is to allow them to exchange information about Products by sending the link to the Product on the Shop. The recipient of the Tip will be able to respond to the request, after registering on the Platform, by means of "OK" or "KO" responses.

5. USERS' OBLIGATIONS

5.1 Users are solely responsible for the access and proper use of their Account, in accordance with national or international law and the principle of good faith contract.

5.2 Users and Visitors undertake to:

a) to comply with our Privacy Policy and not to use personal data - their own or of third parties - falling under the category of special data pursuant to Article 9 of Regulation (EU) 2016/679 (GDPR);

b) not to use false identities or impersonate others in the use of the Platform or in the use of its services;

c) not to use the Platform for the purpose of engaging in unlawful or fraudulent actions;

d) not to store, disclose or share any content that may involve unlawful interference with or violation of any form of fundamental rights to the honour, image and privacy of third parties and, in particular, minors;

e) not to insert, store or transmit through the Platform any content that infringes industrial property rights and/or intellectual or confidential information of third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties;

f) not to use programmes and/or computer files that contain viruses or that may alter the normal operation of the Platform or infect Users' computers and, therefore, result in losses for the User or their property.

5.3 With regard to the use of the Platform, the User declares that:

- that he/she is a natural person of 18 years of age or older (otherwise, the parent(s) or legal guardian must register on his/her behalf),

- that he or she uses the Platform to satisfy his or her personal interests that are not associated with any professional activity,

- to accept and comply with these Terms and Conditions as well as the other rules of the Platform.

6. RIGHTS AND OBLIGATIONS OF LOOKALIKE

6.1 Lookalike may prohibit Users, the use of the Platform indicating the reasons for the prohibition or restriction, in particular by closing the account and preventing the User from registering again or preventing the User from accessing the Platform, after sending an official notice to the Users concerned, if they

a) provide incorrect, misleading and/or incomplete information at the time of registration;

b) use the identity of another User or otherwise act unlawfully;

c) do not comply with the rules for uploading images and sharing content;

d) log in from the same IP address or the same computer that has been blocked due to violations;

e) do not comply with Articles 4 and 5 of these Terms and Conditions.

6.2 In the case of deletion of the Account, Lookalike may retain certain information, in accordance with the Privacy Policy, as it may be necessary to reconstruct the circumstances that led to the decision to close the User's account and to transfer this data to the institutions and authorities responsible for law enforcement.

6.3 Lookalike, after having been duly informed by the competent Authorities, shall immediately remove all illegal content. In fact, Lookalike may, at any time, remove from the Platform any information that violates these Terms and Conditions, applicable regulations or is contrary to public order.

7. RESPONSIBILITY FOR CONTENT

7.1 With respect to the images and content uploaded to the Platform and the links shared via the Tips function, all Users are fully responsible and must comply with all applicable regulations.

7.2 The User acknowledges and accepts that, as a hosting provider, under no circumstances shall Lookalike carry out any content verification activities and, to the extent permitted by applicable law, shall in no case be held liable for damages or losses suffered by Users and/or third parties in relation to such content.

7.3 In the cases mentioned above, the full responsibility is assumed by the User who has not complied with the Terms and Conditions, with the commitment by the same to hold Lookalike harmless from any damage, loss or expense.

7.4 If a User or a third party believes that certain content is in breach of these Terms and Conditions and/or their rights and/or the rights of third parties (e.g. breach of privacy), the User may notify Lookalike:

- by sending an email to admin@lookalike.shop;

- or by sending a written communication detailing the facts in question to the following address: Via del Gonfalone 3, 20123 Milan (MI).

7.5 Faced with a report of such content, Lookalike shall immediately suspend the Account of the registered User concerned, without prior notice, and remove the content in question for the period in which it carries out the necessary investigations, which may result in Lookalike taking the measures provided for in article 6.

8. CHANGES TO THE TERMS AND CONDITIONS

8.1 The Terms and Conditions may be modified by Lookalike at any time and in particular in the following cases:

a) in order to adapt them to legislative or regulatory provisions in force or in the process of being adopted;

b) b) in order to adapt them to any decision issued by a judicial authority, a consumer protection authority or any other competent authority, which affects the content of the Platform or the services offered by it;

c) reflect changes and developments in the way Lookalike operates its business.

8.2 Any changes and/or new conditions will be in force from the moment they are published on the Platform and will be accessible via the link of the same name in the footer of the Platform. The Users are therefore invited to regularly access the Platform and consult the most updated version of the Terms and Conditions.

8.3 Lookalike also reserves the right to change at its own discretion, at any time, even after the User's registration, the graphic interface of the Platform as well as any other aspect that characterises the functionality and management of the Platform, communicating to the User, where necessary, the relevant instructions.

9. LIMITATIONS OF LIABILITY

9.1 Lookalike will not be held responsible, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the internet network outside of its control or that of its suppliers, as well as unforeseeable events, such as, but not limited to, security breaches in the transmission of data through computer attacks. In these conditions, it is the responsibility of the Users to take all appropriate measures to protect their data and software, in particular from any viruses circulating on the Internet.

9.2 Lookalike shall take the utmost care to avoid interruptions to the service and ensure its regular operation. In any case, short periods of suspension will be possible due to maintenance activities of the hardware and software equipment, suspensions of which the Users will be informed in advance as far as possible. Lookalike also reserves the right to interrupt or suspend the operation of the Platform at any time or to disable it permanently.

9.3 Lookalike shall also not be responsible for any damage or loss, even indirect, due to incorrect or unsuitable use of the Platform by the Users, Visitors or third parties.

9.4 With reference to the links to third party sites/applications and Shops present on the Platform, the User declares that he/she is aware that Lookalike is not able to exercise any control over them and, therefore, cannot be held responsible in any way for the content of these sites/applications, for the respect related to the treatment of personal data and for the services provided through them. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third party shall apply to each service, and Lookalike shall not be held responsible for them.

10. PROCESSING OF PERSONAL DATA

10.1 The User declares to have read all the information on the processing of personal data of Users and Visitors contained in the Privacy Policy and Cookie Policy and prepared pursuant to Article 13 of Regulation (EU) 2016/679 (GDPR).

11. WITHDRAWAL AND TERMINATION

11.1 The User may withdraw from the contractual relationship with Lookalike at any time with immediate effect by deleting his account or by sending an email to the address of the company. Lookalike may terminate the contractual relationship with the User with thirty (30) days' notice electronically by sending an email.

11.2 Lookalike may also, without prejudice to the provisions of Art. 6, terminate the contractual relationship with the User for the following reasons, with immediate effect

- in the event of violation of Articles 4, 5, 6 and 7, in particular for non-compliance with the rules for the use of photographs and/or content that violates the rights of third parties;

- in the event of the commission of fraudulent activities, abuse or misuse of the Platform by the User

- in the event of violation of the law.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Lookalike is the owner of all rights, in particular intellectual property rights relating to the Platform, namely its system, the layout and design of the Platform, the software used by and for the Platform, the trademarks and domain names used by and for the Platform.

12.2 The submission of information or data, particularly images on the Platform implies the granting by the Users to Lookalike, free of charge, of a non-exclusive licence to use the content worldwide, which applies for the duration of any applicable rights (and their potential extensions). The User therefore expressly acknowledges that he/she has these rights and grants them to Lookalike.

12.3 The reproduction of the graphics and structure of the Platform is prohibited. No rights are granted to the User in the software relating to the Platform, including updates and the relevant source codes.

13. MAJOR FORCE

13.1 Lookalike cannot be considered responsible for the failed or delayed fulfilment of its obligations, for circumstances beyond its reasonable control due to force majeure events or, however, to unforeseen and unforeseeable events and, in any case, independent of its will.

13.2 The fulfilment of the obligations by Lookalike shall be understood to be suspended for the period in which the force majeure events occur.

13.3 Lookalike shall do everything in its power to find solutions that allow the correct fulfilment of its obligations despite the persistence of force majeure events.

14. APPLICABLE LAW AND RESOLUTION OF DISPUTES

14.1 These Terms and Conditions are governed by Italian law.

14.2 In case of disagreement between Lookalike and the User, we invite the Users to contact Lookalike first to find an amicable solution. In the event that the matter remains unresolved, or if the User is not satisfied with the result, the User may use alternative methods of dispute resolution, such as the mediation mechanisms offered to consumers. The consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the consumer User to resolve out of court any disputes relating to and/or arising out of contracts for the sale of goods and the provision of services concluded online. Consequently, the consumer User may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/.

14.3 For the purposes of judicial resolution of the dispute, for Consumer Users, any matter relating to the application, execution and interpretation of these Terms and Conditions shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to refer the matter to a judge other than the "consumer court" pursuant to Article 66 bis of the Consumer Code with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Civil Procedure Code.

15. FINAL PROVISIONS AND SPECIFIC APPROVAL OF CLAUSES

15.1 Lookalike may, without prejudice to the applicable data protection laws, transfer and/or cede to third parties all the rights and obligations provided for in these Terms and Conditions, in particular in the case of transfer of a business sector, merger by incorporation of a new company, merger by incorporation, demerger or any change of control that affects Lookalike S.r.l., provided that this does not reduce the protection of the rights of the consumer. This transfer frees Lookalike from all obligations as operator of the Platform, in particular towards its Users and Visitors for the future. In the event that Lookalike transfers and/or assigns these rights and obligations under these Terms and Conditions, the User is entitled to immediately withdraw from his contractual relationship and close his account.

15. 2 Pursuant to Articles 1341 and 1342 of the Italian Civil Code, Users and Visitors declare that they have read and understood the following provisions of these Terms and Conditions: 3 (Registration), 4 (Searching for products through images and sending Tips), 5 (Obligations of Users), 6 (Rights and obligations of Lookalike), 7 (Responsibility for content), 8 (Changes to the Terms and Conditions); 9 (Limitations of Liability); 11 (Withdrawal and Termination), 12 (Intellectual Property Rights), 11 (Withdrawal and Termination); 14 (Applicable Law and Dispute Resolution); 15 (Assignment).

15.3 If any clause or part of the clauses contained in these Terms and Conditions shall be held by any competent authority to be invalid, illegal or unenforceable to any extent, such clause shall be severed to that extent from the remaining clauses, which shall continue to be valid and enforceable to the fullest extent permitted by law.