Introduction
These Terms of Service ("ToS") constitute a legally binding agreement between GLOBAL META UNIVERSE PTE. LTD. (together with its affiliates, "FashionLabs", "we", "our" or "us") and you ("user", "you" or "your"). These ToS govern your access to and use of our mobile applications, websites, tools, platform features, and the AI-powered virtual try-on and content generation services described below (collectively, the "Services").
PLEASE REVIEW THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 15. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into the ToS and together form and are hereinafter referred to as this "Agreement."
1. Acceptance of ToS
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, VISITING THE APP, OR ACCESSING OR USING THE SERVICES, INCLUDING THE AI FUNCTIONS THAT ARE PART OF THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE ToS. IF YOU DO NOT AGREE TO THE ToS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
The ToS are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to the ToS on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to the ToS; (ii) you have read and understand the ToS; and (iii) you agree to the ToS on behalf of the party that you represent.
2. Amendments to ToS
Please note that this Agreement is subject to change by us in our sole discretion at any time. When changes are made, we will update the new ToS and any supplemental Terms available on the website and within the App. FashionLabs may require you to provide consent to the updated ToS in a specified manner before further use of the Services is permitted. If you do not agree to any change(s), you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT ToS.
3. Description of Services
FashionLabs provides an AI-powered virtual try-on application and related online services (collectively, the "Services"). The Services include features and capabilities that utilize artificial intelligence, machine learning, or similar technologies developed by FashionLabs and/or its third-party providers ("AI Functions"). The Services allow you to:
- Upload photos or other permitted content
- Generate virtual try-on images and other content using the AI Functions that realistically simulate clothing, styling, and different environmental scenarios
- Create, download, publish, or share such generated content through the FashionLabs platform or external channels
We may update, enhance, modify, suspend, or discontinue any aspect of the Services at any time, including specific virtual try-on features, clothing catalogs, and community or sharing functionalities. We may also impose limits on, or restrict or suspend, your access to the Services (in whole or in part) for operational, technical, business, legal, or security reasons.
4. Account, Registration and Authentication
You may access and use the Services either: (a) without creating a registered account, in which case your access may be associated with your device or other technical identifiers (a "Device Login"), or (b) by registering an account with FashionLabs (an "Account") using a supported login method, such as email verification or third-party authentication (e.g., Apple ID, Google, or other login methods enabled by FashionLabs).
When creating an Account, you may be required to provide certain information, which may include, without limitation, your nickname, phone number, email address, or other information necessary for operating the Services. By using the Services, you agree to provide true, accurate, current, and complete information and to update such information as necessary.
You are responsible for maintaining the confidentiality and security of any device, credentials, authentication method, or identifier associated with your access to the Services. You are solely responsible for all activities conducted through your Device Login or Account, whether or not authorized by you.
By providing your email address and using the Services, you hereby consent to FashionLabs's use of your email address to: (i) authenticate login requests and verify your identity; (ii) perform and improve upon the Services; and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages or alterations.
5. Service Access and Subscription
5.1 Points-Based Service Access
FashionLabs provides access to its Services through a points-based and/or subscription-based model. Points can be obtained by:
- Purchasing point packages through one-time payments
- Subscribing to membership plans (monthly, yearly, or as otherwise offered), which may include recurring Points or other benefits
- Earning Points through activities or tasks published by FashionLabs (such as content creation challenges, promotional campaigns, or other engagement programs)
Points are non-transferable, cannot be withdrawn for cash or any other currency, and have no monetary value. FashionLabs reserves the right to set and modify expiration dates for Points.
5.2 Subscription and Renewal
By purchasing or earning Points, you agree to pay all applicable fees ("Fees") using a valid payment method. All Fees are non-refundable except as required by applicable law.
If you purchase a subscription plan, it will automatically renew at the end of each billing period at the then-current rate, unless you actively cancel the auto-renewal according to the subscription terms before the next renewal date. Cancellation stops future renewals, but no partial or prorated refunds will be provided for the remaining period.
European Economic Area, UK, and Switzerland Users: You have the right to withdraw from your subscription contract within 14 days of purchase without giving any reason (the "Cooling-Off Period"). However, you acknowledge that if you expressly request the Service to begin during the Cooling-Off Period, your right of withdrawal will be lost once the Service has been fully provided.
5.3 Promotional Offers and Incentive Programs
FashionLabs may, from time to time, provide promotional offers such as bonus Points, discounted packages, trial periods, or other benefits ("Promotional Offers"). These offers are temporary, subject to specific terms announced by FashionLabs, and cannot be combined with other offers unless expressly stated.
5.4 Payments and Processors
FashionLabs uses third-party payment processors, such as Stripe, PayPal, and in-app purchase services provided by Apple App Store and Google Play, to handle transactions. By purchasing through the Services, you agree to comply with the applicable payment processor's terms and privacy policies.
6. Content and Ownership
6.1 Ownership and Responsibilities
"Input" refers to any content, information, and materials (including text, images, or videos) that you provide, submit, upload, publish, or otherwise make available through the Services for use with our AI Functions. When you provide Input for use with our Services, you will receive output generated and returned by it ("Output", and together with Input, "User Content").
We do not claim any ownership rights in your User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your own User Content. You are solely responsible for your User Content, its legality, reliability, and appropriateness. You represent and warrant that your User Content:
- Is true, accurate, and not misleading
- Does not infringe any third party's intellectual property rights, rights of publicity, or privacy
- Complies with all applicable laws and regulations
- Is not defamatory, threatening, or harassing
- Is not obscene or pornographic and is not harmful to minors
- Is free of viruses or other malicious code
- Does not misrepresent any relationship with or endorsement by FashionLabs
- Will not create liability for FashionLabs or cause us to lose our service providers
YOU ACKNOWLEDGE AND AGREE THAT AI FUNCTIONS MAY GENERATE SIMILAR OR IDENTICAL OUTPUT FOR OTHER USERS. FASHIONLABS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY FOR YOUR NEEDS OF ANY OUTPUT, OR THAT YOU OWN OR WILL ACQUIRE ANY LEGAL RIGHTS (INCLUDING COPYRIGHTS) IN ANY OUTPUT.
6.2 License You Grant to FashionLabs
By submitting, uploading, or making available any User Content through the Services, you grant to FashionLabs a worldwide, non-exclusive, royalty-free, and revocable license, solely for the purpose of operating, providing, maintaining, and improving the Services.
Where you provide express consent (where required under applicable law), you further grant FashionLabs the right to use your User Content to train, develop, enhance, and improve the Services and our AI models. You may withdraw such consent at any time by adjusting your privacy/permissions settings within the Services.
6.3 Our Rights and Responsibilities
Any Personal Data contained in User Content will be handled in accordance with all applicable privacy and data protection laws and regulations, including without limitation the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
7. Prohibited Uses
In addition to other prohibitions as set forth in the ToS, you are prohibited from using the Services:
- For any unlawful purpose
- To upload, share, or store sexually explicit, pornographic, or otherwise NSFW content
- To conduct any unlawful acts or solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- To infringe upon or violate the rights, including intellectual property rights, of us or any third party
- To harass, abuse, insult, harm, defame, slander, stalk, threaten, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Services
- To attempt to access unauthorized accounts or collect personal information of others
- To copy, distribute, or disclose any part of the Services without authorization
- To use automated systems such as "robots" or "spiders" to access the Services
- To impersonate another person or misrepresent your affiliation
- To attempt to reverse engineer any software used to provide the Services
- To develop third-party applications that interact with the Services without prior written consent
- To sell or otherwise transfer your profile
8. Representation of Warranties
8.1 Age Eligibility
You must be at least 13 years old to access and use our Service. If you are under the age of 13 you are not permitted to register for an Account or provide your personal information to FashionLabs.
Accordingly, you represent and warrant that: (i) if you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, you have the right, authority and capacity to enter into this Agreement; or (ii) if you are under 18 years of age, you have your parent's or guardian's permission to use our Service.
8.2 User Obligations
You further represent and warrant that (i) you have read, understand, and agree to be bound by this Agreement; (ii) you will act professionally and responsibly in your interactions on our Website and the APP; and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
If you are located in the Designated Countries or serve end-users in the EEA market, you represent and warrant that you will obtain consent or use any other available, legally valid mechanism to transfer data and cause such data to be processed, and that you will comply with all applicable data protection laws.
9. Termination and Suspension
9.1 Termination
You may terminate the ToS and close your Account at any time for any reason by using the account deletion feature within your Profile settings.
FashionLabs reserves the right, at its sole discretion, to refuse, suspend, limit, or terminate your access to the Services, at any time and for any reason, including but not limited to our reasonable belief that you have violated any provision of this Agreement.
9.2 Data Handling Post-Termination
Following the termination or cancellation of your Account, we will initiate the process to delete or anonymize your personal data in accordance with our Data Retention and Deletion Policy and Applicable Data Protection Laws.
10. Third-Party Links and Services
The Services may contain links to third-party websites. Such links do not constitute endorsement by FashionLabs or association with those websites, their content or their operators. FashionLabs does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk.
11. Intellectual Property Rights
11.1 Intellectual Property
Except for the User Content that you own, the Services and their entire contents, features, and functionality (including but not limited to all text, graphics, logos, images, software, UI, trademarks, and the selection and arrangement thereof, collectively "Proprietary Material") are owned by FashionLabs, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with this Agreement, FashionLabs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
11.2 Copyright Complaints and Infringement Claims
FashionLabs respects the intellectual property rights of others and expects our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with applicable intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following written information via email to security@fashionlabs.ai:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
- Your contact information, including your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material is not authorized
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
12. Confidential Information
You acknowledge that all non-public information of FashionLabs, including but not limited to trade secrets, business plans, financial data, product designs, technology, user data, and any other information that is designated as confidential or that a reasonable person would understand to be confidential (collectively, "Confidential Information") is a valuable asset.
You agree not to disclose, transfer, or use any Confidential Information for any purpose other than as necessary to use the Services under this Agreement. Upon termination of this Agreement, you shall return or destroy all materials containing FashionLabs's Confidential Information.
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FASHIONLABS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, TIMELINESS, SECURITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT LINKED TO THE SERVICES.
FASHIONLABS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; OR (IV) ANY INTERRUPTION OR CESSATION OF THE SERVICES DUE TO EVENTS BEYOND OUR REASONABLE CONTROL.
14. Limitation of Liability and Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FASHIONLABS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR SERVICE INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FASHIONLABS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (I) THE TOTAL AMOUNT OF FEES PAID BY YOU TO FASHIONLABS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (USD $100).
You agree to defend, indemnify, and hold harmless FashionLabs, along with its officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses—including reasonable attorneys' fees and legal costs—arising out of or relating to:
- Your access to or use of the Services
- Any User Content you create, upload, or share through the Services
- Your violation of this Agreement
- Your breach of any applicable law, regulation, or third-party rights
15. Dispute Resolution
15.1 Informal Resolution Process
You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at security@fashionlabs.ai. You and FashionLabs will attempt in good faith to negotiate a written resolution of the matter directly.
15.2 Binding Arbitration
You and FashionLabs agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively "Disputes") will be settled by binding arbitration. This means that you and FashionLabs both agree to waive the right to a trial by jury.
You and FashionLabs agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and FashionLabs both agree to waive the right to participate as a plaintiff or class member in any class action proceeding.
15.3 Arbitration Provisions
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.)
Unless you and FashionLabs agree otherwise, the seat of the arbitration shall be in San Francisco, California. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations.
15.4 Governing Law
Except as provided in Section 15 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
16. Miscellaneous
16.1 Entire Agreement
This Agreement, comprising the Terms of Service (ToS), our Privacy Policy, and other community rules, constitutes the entire and exclusive understanding between you and FashionLabs concerning the Services and supersedes all prior oral or written agreements.
16.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.
16.3 Assignment
You may not assign or transfer any of your rights or obligations under this Agreement without FashionLabs's prior written consent. FashionLabs may freely assign this Agreement in connection with a merger, acquisition, sale of assets, or by operation of law.
16.4 Waiver
The failure of FashionLabs to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.
16.5 No Third-Party Beneficiaries
This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the parties to this Agreement.
16.6 No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on our website or the APP. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Contacting Us
If you have any questions about this Agreement or about our Services, please contact us using the appropriate email address below based on the nature of your inquiry:
- Support & General Inquiries: For technical support, account issues, and general questions, please contact us at support@fashionlabs.ai
- Business Cooperation: For partnership opportunities, commercial collaborations, and business development inquiries, please contact us at contact@fashionlabs.ai
- Security & Legal Matters: To report security vulnerabilities, privacy concerns, legal notices, or other security and legal related matters, please contact us at security@fashionlabs.ai
Please note that noreply@fashionlabs.ai is used for system-generated notifications only and is not monitored for incoming messages.
We strive to respond to all legitimate inquiries within a reasonable time frame. When contacting us, please provide a detailed description of your issue or inquiry to help us assist you more effectively.