Material Digitization Service Additional Terms
Last updated as of
Dec 10, 2025
The Material Digitization Service Additional Terms ("Additional Terms") govern your use of the Material Digitization Service (“Service”) and are incorporated in reference to the General Terms of Use ("General Terms") (the Additional Terms and the General Terms are collectively referred to as "Terms"). Capitalized terms not defined here have the same meaning as defined in the General Terms. References to "Services" in these Additional Terms are to the Material Digitization Service.
Definitions.
1.1 “Digitize” or “Digitization” means the process of digitally scanning the surface appearance of Material(s) and the measurement of the physical properties of Material(s) (if needed).
1.2 “Digitized Material(s)” means the digital renderings of the Material(s) created through the process of Digitization, which include the surface appearance of the original Material(s) and the captured physical properties (if needed).
1.3 “Material Digitization Service” or “MDS” or “Service” means the fee-based Digitization service that CLO provides to create Digitized Material(s).
1.4 “Material(s)” means the physical textile materials, textile products, and/or other related physical items you wish to Digitize through the Service.
Services and Terms of Use of MDS.
2.1 MDS Order. To use the Material Digitization Service, you must first submit the MDS Order Form either by filling out the customer information and Material information (collectively referred to as the "Necessary Information") through a CLO designated website or by contacting the business development representative of CLO. After submission of the MDS Order Form, CLO will contact you at the email address provided in the Order Form with the quotation, shipping guideline and test standard of Material(s). You may modify your MDS Order before it has been confirmed. For confirmed MDS Order Forms, modifications can only be made by directly contacting our business development representative.
2.2 Transfer of Material(s). You are responsible for delivering the Material(s) listed in the applicable MDS Order Form to the designated shipping address according to the shipping guideline. For avoidance of doubt, you assume all responsibilities and costs for delivering, which includes but not limited to export and import formalities, fees, freights, storages, duties, wear-and-tears, insurance, taxes and penalties or damages if the Material(s) transferred are deemed to be noncompliant with customs/shipping regulations or assuming third party liabilities. If any of CLO, CLO’s Affiliates or third-party service providers is held liable to bear any of the liabilities or suffer any loss from the transfer of Material(s), CLO is entitled to claim full compensation from you.
2.3 Service Obligations. CLO is not obligated to provide the Service if you fail to (a) provide us with the Necessary Information, (b) follow the shipping guideline, or (c) deliver Material(s) that match the test standard.
2.4 Disclaimer; Unsuitable Material(s). CLO does not warrant or guarantee that all or any particular Material(s) you send will be deemed suitable for the Service. You acknowledge and agree that: (a) such determinations may be made by CLO at its sole reasonable discretion and (b) any Material that is deemed unsuitable for the Service shall be disposed of at CLO's sole discretion.
2.5 Retrieval of Digitized Material(s). You may choose to have the Digitized Material(s) delivered through either CLO-SET (https://style.clo-set.com/aboutus) or swatchbook Platform (https://www.swatchbook.us/) while you will need to log in to your CLO-SET or swatchbook account to retrieve the Digitized Material(s). If you do not have either one of the accounts, you must create one where your use of CLO-SET or swatchbook Platform shall be governed by the respective Terms, which are available at https://legal.clo-set.com/ and https://legal.clo-set.com/additional-swatchbook.
ALL MATERIAL(S) WILL NOT BE RETURNED AND MAY BE DISPOSED AT CLO’S SOLE DISCRETION. PRIOR WRITTEN CONSENT FROM CLO SHALL BE REQUIRED IF YOU WOULD LIKE THE MATERIAL(S) TO BE RETURNED TO YOU AFTER DIGITIZATION. CLO RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS AND CHARGES SHOULD THE RETURN OF ANY MATERIAL(S) BE REQUESTED. DESPITE THE FOREGOING, CLO OFFERS NO ASSURANCE THAT THE MATERIAL(S) RETURNED IN SUCH INSTANCES WILL BE IN THE IDENTICAL CONDITION AS WHEN SHIPPED TO CLO.2.6 Limited Use of Confidential Information and Material(s). CLO, CLO’s Affiliates and third-party service providers will not disassemble, reverse engineer, attempt to determine the underlying chemical composition of, or replicate in any way the Material(s) embodying your Confidential Information, except as necessary for CLO to perform its MDS obligations.
2.7 Use of Material(s). For any Material(s) shipped to CLO, CLO warrants that CLO, CLO’s Affiliates or third-party service providers will retain control of the Material(s) and will only allow employees of CLO, CLO’s Affiliates and/or third-party service providers to handle or otherwise access or use the Material(s)—solely to the extent permitted by these Terms.
2.8 Test Report. Upon successful Digitization of any Material, a Test Report will be provided to you if physical properties testing and 3D validation are performed. A "Test Report" is a document verifying whether the Material(s) have been successfully Digitized. A successful Test Report result does not represent or guarantee exceptional performance, quality, effectiveness, or shape of the Digitized Material(s).
Data Collection and Privacy.
3.1 Any necessary personal information and data CLO collects to perform the Service shall be processed in accordance with all applicable data privacy laws. Please see our Privacy Policy which could be found at, https://legal.clo-set.com/privacy, for how CLO collects, stores, and uses the information you provide.
3.2 The data you have provided or data created in the performance of the Service shall be used solely (a) for the purposes of carrying out the parties’ obligations under this Additional Terms; ;(b) for CLO’s and/or its Affiliates’ research and analytical purposes, as long as the data used is anonymized (i.e., it does not identify you, the Material owner, or the Material supplier); (c) for the purposes of maintaining the security and integrity of the Service; and (d) to respond to any legitimate law enforcement or legal request.
Intellectual Property.
Each party retains all rights, titles, and interests in and to its own intellectual property. The Material(s) are considered your background intellectual property and will remain your sole and exclusive property. You would also retain full intellectual property rights to the Digitized Material(s). Except as set forth herein, this Additional Term does not grant any license or other rights to either party.
Affiliates and Third-party Service Providers.
You acknowledge and agree that in providing the Service, CLO may have its Affiliates or third-party service providers to engage in activities in connection with the Service on behalf of CLO, including: (a) receiving and/or digitizing the Material(s), (b) performing the MDS, and (c) receiving your Confidential Information. CLO shall be fully liable for any act or omission of any such Affiliates or third-party service providers in breach of the Terms.