Terms of Service

1. Acceptance of Terms

Welcome to SizeMarker. By accessing or using our video annotation software and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and SizeMarker, operated by TextFlare Technology Limited ("Company," "we," "us," or "our"), a company registered in Hong Kong. By clicking "I Agree," creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Material changes will be notified via email to registered users at least 30 days before taking effect. Your continued use of the Services after such changes constitutes acceptance of the new Terms.

2. Description of Services

SizeMarker provides professional video annotation tools designed for e-commerce sellers. Our Services include:

• Dimension annotation tools for displaying product measurements
• Promotional annotation features for marketing callouts
• Detail spotlight tools for highlighting product features
• Specification label capabilities for product information
• Video export functionality in various formats
• Template libraries and customization options

3. Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You must be at least 18 years old or have parental consent to use our Services.

4. Subscription Plans and Payments

4.1 Free Plan

Our free plan includes limited features with watermarked exports.

4.2 Pro Plan

Pro subscriptions are available on monthly ($7.99/month) or yearly ($59.99/year) billing cycles. Pro features include:

• Unlimited video exports
• 4K export quality
• No watermarks
• Access to 100+ premium templates
• Brand kit customization
• Priority customer support

4.3 Billing

Subscriptions automatically renew unless cancelled before the renewal date. You authorize us to charge your payment method on file for all applicable fees.

4.4 Price Changes

We may change subscription prices at any time. Price changes will not affect your current billing cycle and will take effect at the start of your next billing period. We will provide at least 30 days' notice before any price increase takes effect.

5. Refund Policy

5.1 General Policy

All fees are generally non-refundable. However, refunds may be issued at our sole discretion under the following circumstances:

• Technical issues preventing access to the Services that we are unable to resolve within 7 business days
• Duplicate charges or billing errors
• Unauthorized charges (with appropriate verification)

5.2 EU Consumer Rights

If you are a consumer in the European Union, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason ("Cooling-Off Period"). However, if you access or use the Services during this period, you acknowledge that you may lose this right of withdrawal. To exercise your right of withdrawal, please contact us at support@sizemarker.com.

5.3 Pro-rata Refunds

We do not provide pro-rata refunds for partial billing periods. If you cancel your subscription, you will continue to have access to Pro features until the end of your current billing period.

5.4 Refund Process

Approved refunds will be processed within 10 business days and returned to the original payment method. Processing times may vary depending on your financial institution.

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the videos and content you upload to SizeMarker. By using our Services, you grant us a limited, non-exclusive, royalty-free license to process, store, and transmit your content solely for the purpose of providing the Services.

6.2 Content Responsibility

You are solely responsible for the content you upload. You represent and warrant that you own or have the necessary rights to use and authorize us to process all content you upload, and that such content does not violate any third party's intellectual property rights, privacy rights, or any applicable laws.

6.3 Our Content

SizeMarker and its licensors own all rights to the Services, including software, templates, designs, trademarks, and documentation. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of our Services without prior written permission.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by us without any obligation to compensate you. You hereby assign to us all rights in such feedback.

7. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Create misleading or fraudulent product representations
• Harass, abuse, defame, or harm others
• Use automated systems, bots, or scrapers to access the Services without permission
• Resell, redistribute, or sublicense our Services without authorization
• Circumvent any access controls or usage limits

Violation of this policy may result in immediate suspension or termination of your account without notice or refund.

8. Account Security

8.1 Your Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use strong, unique passwords for your account
• Not share your login credentials with others
• Log out from shared or public devices
• Notify us immediately at support@sizemarker.com if you suspect unauthorized access

8.2 Our Liability

We are not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to protect your credentials. We reserve the right to suspend accounts that we believe have been compromised.

9. Service Availability

9.1 Uptime

While we strive to maintain high availability of our Services, we do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Scheduled Maintenance

We will endeavor to provide advance notice of scheduled maintenance that may affect Service availability. Such maintenance will typically be performed during off-peak hours when possible.

9.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice before discontinuing any material features, except in cases of emergency or security concerns.

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

10.2 Termination by Us

We may suspend or terminate your access to the Services immediately and without prior notice if:

• You violate these Terms or our Acceptable Use Policy
• We are required to do so by law
• We reasonably believe your account has been compromised
• Your payment method fails and is not resolved within 7 days

10.3 Effects of Termination

Upon termination:

• Your right to use the Services will immediately cease
• You will not be entitled to any refund of fees paid (except as required by law)
• We may delete your account data after 30 days, unless retention is required by law
• Provisions that by their nature should survive termination will remain in effect

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

We are not responsible for any third-party platforms where you may upload your annotated videos, including but not limited to Amazon, Shopify, TikTok, Instagram, or other e-commerce or social media platforms. Each platform has its own terms of service that you must comply with.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIZEMARKER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

This applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12.2 Liability Cap

Our total aggregate liability for any claims arising from these Terms or your use of the Services shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) USD $100.

12.3 Essential Purpose

These limitations apply even if any limited remedy fails of its essential purpose.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless SizeMarker, its parent company TextFlare Technology Limited, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your content uploaded to the Services
• Any misrepresentation made by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, or severe weather
• Epidemic, pandemic, or public health emergency
• War, terrorism, civil unrest, or armed conflict
• Government actions, laws, regulations, or embargoes
• Labor disputes or strikes
• Failure of third-party telecommunications or power supply
• Cyberattacks, DDoS attacks, or other malicious activities
• Failure of third-party service providers

In such events, our obligations shall be suspended for the duration of the force majeure event, and we shall use reasonable efforts to mitigate its effects and resume normal operations as soon as practicable.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

For users in the European Union, these Terms do not affect your statutory rights under applicable consumer protection laws in your country of residence, including the right to bring legal proceedings in the courts of your country of residence.

For users in the United States, state consumer protection laws may also apply.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at support@sizemarker.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.

16.2 Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Hong Kong.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.4 Exceptions

This arbitration agreement does not apply to: (a) claims in small claims court within their jurisdictional limits; (b) actions to protect intellectual property rights; (c) users in jurisdictions where this arbitration agreement is not enforceable.

16.5 EU Users

If you are a consumer in the European Union, you have the right to bring proceedings in the courts of your country of residence. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Electronic Communications

By creating an account or using our Services, you consent to receive electronic communications from us, including:

• Account-related notifications (registration confirmation, password reset, security alerts)
• Service announcements and updates
• Billing and payment notifications
• Responses to your inquiries and support requests
• Marketing communications (only with your consent, where required by law)

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by clicking the unsubscribe link in our emails or contacting us at support@sizemarker.com. You cannot opt out of essential service communications while maintaining an active account.

18. Export Compliance

You acknowledge that the Services may be subject to export control laws and regulations, including those of Hong Kong, the United States, European Union, and other jurisdictions.

You agree that you will not:

• Use, export, re-export, or transfer the Services in violation of any applicable export control laws
• Access or use the Services if you are located in, or a national or resident of, any country subject to comprehensive sanctions (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions)
• Use the Services if you are listed on any government list of prohibited or restricted parties

By using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or on any such list.

19. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will notify registered users via email at least 30 days before the changes take effect
• We may also post a prominent notice on our website

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may cancel your subscription.

20. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SizeMarker regarding your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and SizeMarker.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

22. Contact Us

If you have any questions about these Terms of Service, please contact us:

For legal notices, please send correspondence to: legal@sizemarker.com