Terms and Conditions

Last updated: February 3, 2025

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. These definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

  • Affiliate: means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Country: refers to California, United States.
  • Company: (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to the organization or entity operating under the Fashion Archive (or “Archive”) brand.
  • Device: means any device that can access the Service such as a computer, cellphone, or digital tablet.
  • Service: refers to the mobile application “Fashion Archive” (or “Archive”) and any related websites, APIs, or services maintained by the Company.
  • Terms and Conditions: (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service: means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • You: means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.

User Eligibility

  1. Age Requirement
    • While the Company does not explicitly enforce a minimum age to use certain features of the Service, You represent that You are at least 13 years of age or older. If You are under 18, You should use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
    • If You are under 13 (or the minimum legal age in Your jurisdiction), You may not use the Service unless parental or guardian consent is obtained, and such parent or guardian agrees to be bound by these Terms on Your behalf.
  2. Compliance

    You must comply with all local, state, national, or international laws, rules, and regulations when using the Service.

Description of the Service

  1. Core Functionality
    • The Service allows You to upload, store, and manage images of Your outfits, often referred to as “Content.”
    • You can tag or categorize Your outfits for personal reference and organizational purposes.
    • A limited set of AI-powered features may be available to free users, with enhanced or additional AI features offered to subscribers.
  2. Subscriptions

    The Service may offer paid subscription plans that provide access to premium features. All subscription terms, including pricing and renewal cycles, will be displayed prior to purchase.

User Accounts

  1. Account Creation
    • When You create an account, You agree to provide accurate, current, and complete information.
    • You may be required to choose a unique username and provide details such as an email address, payment information (for subscriptions), and a date of birth.
  2. Account Security
    • You are responsible for safeguarding the password or other credentials used to access the Service. You agree not to disclose these credentials to any third party.
    • You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of Your account.
  3. Account Termination

    The Company may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

    Upon termination, Your right to use the Service will cease immediately.

User-Generated Content

  1. Content Ownership

    You retain all rights to the Content You upload to the Service. By uploading Content, however, You grant the Company a non-exclusive, worldwide, royalty-free license to store, display, and process Your Content solely for the purpose of operating and improving the Service.

  2. Content Guidelines

    You agree that any Content You upload will not contain illegal or offensive material, including but not limited to explicit content or hateful imagery. The Company may remove or restrict Content that violates these Terms or applicable laws without prior notice.

  3. No Endorsement

    The Company does not endorse any Content posted by users. All Content is the sole responsibility of the user who provides it.

Paid Subscriptions and Payment

  1. Subscription Plans

    Certain features of the Service may be offered under subscription plans. The details of subscription pricing and the benefits associated with each plan will be provided prior to purchase.

  2. Payment Processing
    • Payments are handled by a third-party payment processor. By providing Your payment information, You authorize the processing of subscription fees through this third-party provider.
    • The Company does not assume liability for any issues arising from the payment process handled by the third-party provider.
  3. Billing and Cancellation

    Your subscription may automatically renew at the end of the applicable billing cycle unless You cancel it through Your account settings or by contacting the Company. If You cancel Your subscription, You may continue to access subscription benefits until the end of the current billing cycle, and no prorated refunds will be provided.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service or contact Us for further assistance.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its affiliates, suppliers, or licensors under any provision of these Terms, and Your exclusive remedy for all the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, suppliers, or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In such states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that:

  1. The Service will meet Your requirements;
  2. The Service will be compatible with other software, applications, systems, or services;
  3. The Service will operate without interruption or will be secure and error-free; or
  4. Any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company at the email address provided in the Contact Us section below.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

U.S. Legal Compliance

  1. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country.
  2. You represent and warrant that You are not listed on any U.S. Government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You in a language other than English. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]