Terms of Service

By accessing or using the ByTheLook platform (“Platform”), including our website, mobile applications, and all related services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Platform.

You must be at least 18 years of age to create an account on ByTheLook. By registering, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. If you are accessing the Platform on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

These Terms constitute a legally binding agreement between you and ByTheLook Inc. (“ByTheLook,” “we,” “us,” or “our”), a corporation incorporated under the laws of Ontario, Canada.

To use certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate information — all registration details, including your name, email address, and any role-specific information, must be truthful and up to date.
• Maintain one account per person — each individual may hold only one ByTheLook account. Creating multiple accounts to circumvent restrictions, earn duplicate commissions, or manipulate platform features is strictly prohibited.
• Protect your credentials — you are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• Notify us of unauthorized access — if you suspect any unauthorized use of your account, you must notify us immediately at support@bythelook.ca.

ByTheLook reserves the right to suspend or terminate any account that violates these Terms, engages in fraudulent activity, or otherwise poses a risk to the integrity of the Platform, at our sole discretion and without prior notice.

As a consumer on ByTheLook, the following terms apply to your purchases and interactions on the Platform:

• Binding purchases — placing an order through ByTheLook constitutes a binding agreement to purchase the selected items. All prices displayed include the product cost as set by the retailer. Applicable taxes and shipping fees are calculated and displayed at checkout before you confirm your order.
• Payment processing — all payments are processed securely through Stripe. By completing a purchase, you authorize ByTheLook to charge the payment method you provide. We do not store your full credit card details on our servers.
• Returns and exchanges — returns are subject to the individual retailer’s return policy. Unless otherwise stated by the retailer, items may be returned within 30 days of delivery in their original condition with all tags attached. Certain items, including intimate apparel and final-sale merchandise, may not be eligible for return.
• Refund processing — approved refunds are processed within 7–14 business days and credited to your original payment method. The time for the refund to appear on your statement may vary depending on your financial institution.
• Product accuracy — while we strive to ensure product descriptions and images are accurate, ByTheLook does not guarantee that colors, sizing, or other details are perfectly represented. Products are sourced and fulfilled directly by independent retailers.

Creators on ByTheLook curate Looks using products from our partner retailers and earn commissions on resulting sales. By participating as a creator, you agree to the following:

• Commission rates — creators earn between 12% and 15% commission on net sales generated through their published Looks. The exact rate depends on your tier level, volume, and tenure on the platform. Commission rates may be adjusted with 30 days written notice.
• Payout schedule — commissions are paid out every 14–21 days via Stripe Connect to the bank account linked to your Stripe account. You are responsible for ensuring your Stripe account details are current and accurate.
• Minimum payout threshold — a minimum balance of $25 CAD is required for payout. Balances below this threshold roll over to the next payout cycle.
• Commission clawback — if a consumer returns an item from a Look you curated, the commission earned on that item will be deducted from your next payout. If your balance is insufficient, the clawback will carry forward until recovered.
• Original content — all photos, descriptions, and styling content you upload must be your original work. You may not use copyrighted material, stock photos, or content from other creators without explicit permission.
• Content guidelines — Looks must accurately represent the products featured, must not contain misleading claims about sizing or fit, and must comply with our Community Guidelines. ByTheLook reserves the right to remove content that violates these standards.

Retailers on ByTheLook list products, fulfill orders, and participate in the product loan program. By joining as a retailer, you agree to the following:

• Commission rates — ByTheLook charges a commission on each sale facilitated through the Platform. The introductory rate for the first six months is 10%, increasing to the standard rate of 15% thereafter. Volume-based tier discounts (13% and 11%) are available for high-performing retailers. Custom rates may be negotiated on a case-by-case basis.
• Order fulfillment — retailers must acknowledge and begin processing orders within 48 hours of receiving them. Failure to fulfill orders in a timely manner may result in account penalties, reduced visibility, or suspension from the Platform.
• Inventory accuracy — you are responsible for maintaining accurate and up-to-date product listings, including pricing, sizing, availability, and descriptions. If you use Shopify integration, inventory syncs automatically; otherwise, manual updates must be made promptly.
• Loan program participation — retailers who opt into the product loan program must respond to creator loan requests within 48 hours (approval or denial). Approved loans must include proper packaging and a prepaid return shipping label.

The ByTheLook product loan program allows creators to borrow products from participating retailers for content creation purposes. All loans are governed by the following terms:

• Retailer property — all loaned products remain the sole property of the issuing retailer at all times. Creators receive temporary possession for the explicit purpose of photographing and styling Looks.
• Loan duration — standard creators must return loaned items within 7 days of receipt. Trusted-tier creators are granted an extended loan period of 14 days. Loan duration begins on the date the item is marked as delivered.
• Non-return charges — if a loaned item is not returned by the due date and no extension has been approved, the credit card on file will be charged the full retail value of the item. By participating in the loan program, you expressly authorize this charge.
• Damage responsibility — items must be returned in their original condition, with all tags intact and free from stains, odors, or alterations. Damaged items will be assessed and the creator’s credit card will be charged at wholesale replacement cost as determined by the retailer.
• Loan history — your loan track record, including on-time returns and any incidents, contributes to your creator tier standing. Repeated non-returns or damage may result in suspension from the loan program or removal from the Platform.

Intellectual property rights on ByTheLook are governed by the following terms:

• Creator content ownership — creators retain full intellectual property rights to the photos, descriptions, and styling content they upload to the Platform. By uploading content, you grant ByTheLook a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your content on the Platform and in promotional materials for the purpose of operating and marketing ByTheLook.
• License termination — the license granted to ByTheLook persists for as long as the content remains published on the Platform. Upon deletion of your content or account, the license terminates within a reasonable period, except where the content has been incorporated into existing orders or cached materials.
• Platform intellectual property — the ByTheLook name, logo, brand identity, website design, software, algorithms, and all associated intellectual property are owned exclusively by ByTheLook Inc. You may not copy, modify, distribute, or create derivative works from any Platform IP without prior written permission.
• Retailer product content — product images, descriptions, and branding provided by retailers remain their property. ByTheLook is granted a license to display this content on the Platform for the purpose of facilitating sales.
• DMCA and takedown requests — if you believe your intellectual property has been infringed upon on our Platform, please contact us at legal@bythelook.ca with a detailed description of the alleged infringement. We will investigate and take appropriate action in accordance with applicable law.

You agree not to engage in any of the following prohibited activities while using the Platform:

• Fraudulent transactions — placing orders with stolen payment information, initiating chargebacks in bad faith, or engaging in any form of payment fraud.
• Fake reviews and ratings — posting fabricated reviews, inflating ratings through coordinated activity, or soliciting fake testimonials.
• Misleading content — publishing Looks or product descriptions that materially misrepresent the items featured, including false claims about sizing, materials, or brand affiliations.
• Harassment and abuse — threatening, intimidating, harassing, or abusing other users, including creators, retailers, consumers, or ByTheLook staff.
• Spam and unsolicited communications — sending bulk messages, promotional spam, or unsolicited commercial communications through Platform messaging features.
• Unauthorized scraping — using automated tools, bots, or scripts to scrape, crawl, or harvest data from the Platform without prior written consent.
• Commission circumvention — directing consumers to purchase products outside of the Platform to avoid commission obligations, or facilitating off-platform transactions for items discovered through ByTheLook.

Violation of these terms may result in immediate account suspension or permanent termination, forfeiture of pending commissions, and legal action where appropriate.

ByTheLook operates as a marketplace facilitator that connects consumers, creators, and retailers. To the maximum extent permitted by applicable law:

• Product responsibility — ByTheLook is not the seller, manufacturer, or distributor of products listed on the Platform. We are not liable for product quality, fit, safety, authenticity, or accuracy of product descriptions provided by retailers.
• Fulfillment — order fulfillment, shipping, and delivery are the sole responsibility of the individual retailer. ByTheLook is not liable for delays, lost shipments, or fulfillment failures.
• Maximum liability — in no event shall ByTheLook’s total aggregate liability to you exceed the total fees or commissions you have paid to ByTheLook during the 12 months immediately preceding the event giving rise to the claim.
• Exclusion of damages — ByTheLook shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the cause of action or theory of liability.
• Platform availability — the Platform is provided on an “as is” and “as available” basis. We do not warrant uninterrupted, error-free, or secure operation and shall not be liable for any downtime or service disruptions.

We are committed to resolving disputes fairly and efficiently. The following procedures apply:

• Buyer-retailer disputes — disputes between consumers and retailers regarding product quality, returns, or fulfillment are handled through the Platform’s built-in dispute resolution system. Both parties are expected to engage in good faith to reach a resolution.
• Platform mediation — ByTheLook may, at its discretion, mediate disputes between Platform users. While we strive to facilitate fair outcomes, we are not obligated to act as an arbitrator and any mediation provided is non-binding.
• Informal resolution — before initiating formal proceedings, you agree to first contact us at legal@bythelook.ca and attempt to resolve the dispute informally within 30 days.
• Binding arbitration — any dispute that cannot be resolved informally shall be submitted to binding arbitration administered in Toronto, Ontario, in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted by a single arbitrator, and the decision shall be final and enforceable in any court of competent jurisdiction.
• Class action waiver — you agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against ByTheLook.

ByTheLook reserves the right to modify these Terms at any time. When we make changes:

• Advance notice — we will provide at least 30 days prior notice of material changes via email to the address associated with your account and through a prominent notice on the Platform.
• Continued use — your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform and close your account.
• Material changes — changes that materially affect your rights or obligations (including commission rates, loan terms, or dispute resolution procedures) will require your explicit consent before taking effect. You will be prompted to review and accept such changes upon your next login.
• Version history — previous versions of these Terms will be archived and made available upon request by contacting legal@bythelook.ca.

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the courts located in Toronto, Ontario.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

For questions, concerns, or legal inquiries regarding these Terms of Service, please contact our legal team:

By using ByTheLook, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.