Terms of Service
Please read these Terms of Service carefully before using the Trenchcoat Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Operator
The Service is operated by Trenchcoat, an individual doing business under the Trenchcoat brand, based in Illinois, United States (“Operator,” “we,” “us,” or “our”). For legal inquiries, contact us at legal@trenchcoat.app.
2. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are located in the European Union, you must be at least 16 years old (or the minimum age required by your member state) to use the Service without parental consent, where required by applicable law.
If you are under 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. Account Responsibilities
To access certain features, you must create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activity that occurs under your account.
- Notifying us immediately of any unauthorized use of your account at legal@trenchcoat.app.
- Providing accurate and up-to-date account information.
You may not share your account credentials with others or create accounts on behalf of others without authorization.
4. Acceptable Use
You agree not to:
- Scrape or crawl the Service using automated tools, bots, spiders, or similar technologies without our express written permission.
- Reverse-engineer or attempt to extract the source code, algorithms, or data structures underlying the Service.
- Circumvent rate limits or other technical measures designed to protect the Service.
- Submit false or misleading reports about brands or other users through the Service's reporting features.
- Impersonate any person, brand, or entity.
- Use the Service to transmit spam, malware, or any harmful or unlawful content.
- Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
- Use the Service in any manner that violates applicable laws or regulations.
We reserve the right to suspend or terminate accounts that violate these terms at our sole discretion.
5. User Content
You may submit content through the Service, including brand suggestions, brand reports, and closet data (“User Content”). By submitting User Content, you grant Trenchcoat a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, display, and distribute that content solely to operate and improve the Service.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights or applicable laws.
We reserve the right to remove or moderate any User Content at our discretion, including content that violates these Terms, is inaccurate, or is otherwise objectionable.
6. Brand Intellectual Property
The Service displays information about third-party fashion brands, including brand names, logos, and other trademarks. These marks are the property of their respective owners. Trenchcoat does not claim any ownership of third-party brand trademarks or intellectual property. Their appearance on the Service is for informational and referential purposes only and does not constitute an endorsement or affiliation.
Trenchcoat's own content—including the Trenchcoat name, design, interface, editorial content, search algorithms, and software—is owned by the Operator and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our proprietary content without express written permission.
7. Affiliate Disclosure
Trenchcoat may participate in affiliate marketing programs in the future, under which we may earn a commission if you click through a link on the Service and make a purchase. This affiliate program is not currently active at launch. No affiliate links are currently live in the Service. When and if affiliate relationships become active, they will be clearly disclosed on all relevant pages in compliance with FTC guidelines, and this section will be updated accordingly.
8. Third-Party Links and Services
The Service may contain links to third-party websites, products, or services (including brand websites). These links are provided for convenience only. Trenchcoat does not endorse, warrant, or assume any responsibility for the content, privacy practices, or reliability of any third-party site or service. Your interactions with third-party sites are governed by those parties' own terms and policies.
9. Disclaimers
10. Limitation of Liability
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. To the extent such exclusions are not permitted by applicable law, Trenchcoat's liability will be limited to the maximum extent permitted.
11. Indemnification
You agree to indemnify, defend, and hold harmless Trenchcoat, its operators, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
You may terminate your account at any time through the Settings section of the Service. Self-serve account deletion is available in your account settings. Upon deletion, your account data will be removed as described in our Privacy Policy.
Upon termination, all rights granted to you under these Terms immediately cease. Sections that by their nature should survive termination (including Sections 6, 9, 10, 11, and 13) will survive.
13. Dispute Resolution — Binding Arbitration
13.1 Informal Resolution
Before initiating arbitration, you agree to first contact us at legal@trenchcoat.app and provide a written description of the dispute and the relief you seek. We will attempt to resolve the dispute informally within 30 days. If the dispute is not resolved within that period, either party may proceed to arbitration.
13.2 Binding Arbitration
Except as set forth in Section 13.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration will take place in Illinois or, if you prefer, may be conducted remotely by telephone or videoconference. For claims under $10,000, you may choose to have the arbitration conducted solely on the basis of written submissions. Filing fees will be allocated in accordance with the AAA's Consumer Arbitration Rules.
13.3 Class Action Waiver
13.4 Opt-Out
You have the right to opt out of binding arbitration and the class action waiver by sending written notice to legal@trenchcoat.app within 30 days of the date you first agree to these Terms (or within 30 days of any material update to this section). Your opt-out notice must include your full name, email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
13.5 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or address actual or threatened infringement, misappropriation, or violation of intellectual property rights. Small claims court claims that qualify may also be brought in the appropriate small claims court rather than in arbitration.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict-of-law principles. Subject to the arbitration agreement in Section 13, any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in Illinois, and you consent to the personal jurisdiction of such courts.
15. Changes to These Terms
We may update these Terms of Service from time to time. When we do, we will update the “Last updated” date at the top of this page. If we make material changes, we will notify you by email (to the address on your account) or through a prominent notice on the Service at least 30 days before the changes take effect.
Your continued use of the Service 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 Service.
16. Contact
If you have any questions about these Terms of Service, please contact us at:
Trenchcoat
legal@trenchcoat.app