FASHN - Terms of Use

Welcome to FASHN! Please read these Terms of Use ("Agreement" or "Terms") carefully before using any services provided by FASHN. This Agreement governs your access to and use of the FASHN AI website, related services, features, content, and any applications we offer (collectively, "Services"). By accessing or using the Services in any manner, you agree to be bound by these Terms, including the Privacy Policy incorporated here, which explains how we handle your personal data.

Acceptance of Terms of Use

The Services are available to you subject to your acceptance of these Terms, which include all other operating rules and policies published by FASHN. Occasionally, specific services may be subject to additional terms, which are incorporated here by reference. Please be aware that these Terms are binding and any use of our Services constitutes acceptance of these Terms.

FASHN reserves the right to modify or discontinue offering the Services to any person or entity at our discretion, and to change eligibility criteria at any time. These Terms do not apply where prohibited by law, and in such cases, you are not authorized to access or use the Services.

Changes to Terms and Service Availability

Modification of Terms: FASHN reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Such changes will be made by posting a notice on the FASHN website or directly communicating them to you via email. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to regularly check the Terms of Use for changes. Your continued use of the Service after any modifications indicates your acceptance of the new Terms.

User Eligibility and Responsibilities

Age Requirements: You must be at least 18 years old to use the Services, or the minimum age of digital consent in your jurisdiction. Users under this age must have the Agreement approved by a parent or guardian who agrees to be bound by these Terms and is responsible for all activities of the minor.

Rules and Conduct

Purpose of the Service: By using the FASHN AI app, you agree to use it solely for simulating fashion photoshoots. You must have explicit consent to use images of individuals or rights to use product photos for this purpose.

Prohibited Actions: You are prohibited from using the Service in any manner that:

• Violates any applicable laws, rules, or regulations.
• Infringes on the intellectual property or other rights of any person or entity. Is threatening, abusive, defamatory, libelous, deceptive, invasive of privacy, or in any other way objectionable.
• Exploits or harms minors in any way.
• Spreads false information intended to harm others, supports terrorism, or promotes violence against protected groups.
• Generates or disseminates nudes, pornography, or any content depicting minors.
• Interferes with, disrupts, or imposes an unreasonable load on the Service or its infrastructure.
• Involves unauthorized data extraction, reverse engineering, or duplication of any aspect of the Service.
• Violates the integrity of the Service’s operational functionality.

Content Responsibility: You are responsible for any content you upload or actions you take on the Site and will bear all risks associated with your use. Ensure that no sensitive personal information is included in any form on the Site. You must not upload harmful software or engage in activities that disrupt or interfere with the operational performance of the Site.

Monitoring and Enforcement: FASHN reserves the right to monitor the Site and take appropriate legal action against anyone violating these Terms, including reporting to law enforcement authorities. We may deny access to any part of the Service to anyone found to be in violation of these Terms.

Security and Integrity: You must not attempt to breach the security mechanisms of the Site or use the Service to engage in illegal activities. Any attempt to do so will be addressed with strict legal action and may lead to termination of service access.

Compliance with Laws: You agree to comply with all federal, state, local, and international laws while using the Site. This includes not engaging in or assisting others to engage in illegal activities, violating these Terms, or manipulating software and automated systems to access the Site improperly.

Consequences of Violation: Violating these rules and guidelines may result in the immediate termination of your access to the Service, legal action against you, and civil or criminal liability.

Intellectual Property Rights and Licensing

• Trademarks and Patents: All logos, marks, and designations of FASHN are trademarks or registered trademarks owned by FASHN. Portions of FASHN’s products, including features and functionality, may be protected under patent applications or patents owned by FASHN. All other trademarks mentioned on the website belong to their respective owners and require prior written consent for their use.

• Licensing Terms: Upon agreeing to these Terms and subject to your compliance, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, and non-assignable license to access and use the Service for either personal or business purposes.
• Use of Content: You are granted a limited, non-exclusive, revocable license to access and use the Site for non-commercial and informational purposes.

• Usage of Inputs and Assets: By using the Services, you grant FASHN a non-exclusive, royalty-free, and irrevocable license to use, copy, modify, and process the inputs and assets you provide, solely for the purpose of improving and operating the Services.
• Sharing with Other Users: You grant other users of the Service a non-exclusive, royalty-free license to access and use publicly available assets you create, as enabled by the Service’s features.

• Termination of Repeat Infringers: FASHN will terminate or disable the use of the Site for users who are repeat copyright infringers in circumstances deemed appropriate by FASHN.

Links to and From Other Websites

• Access to External Sites: Links on the FASHN site may lead to other websites. Please note that when you click on any of these links, you are moving to another website for which FASHN has no responsibility. We do not control the content or terms of use of these third-party websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
• Linking to Our Site: You are permitted to link to our site provided that the link does not imply any endorsement, sponsorship, or approval by FASHN of your site. This permission is revocable at FASHN’s discretion.
• Prohibited Uses: You may not frame or inline link any content from our site, or use techniques that alter in any way the visual presentation or appearance of our site, without prior written consent. You may not use any FASHN trademarks, logos, or other proprietary graphics as part of the link without express written permission.

• No Responsibility: FASHN assumes no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
• No Affiliation: Unless explicitly agreed upon in writing by FASHN, referencing our products, services, or processes, or other attributes by trade name, trademark, logo, or otherwise, does not imply FASHN’s endorsement or sponsorship.

Fees and Payments

• Service Fees: FASHN offers only a paid subscription service. You can sign up for a monthly subscription payable in U.S. dollars. This subscription will automatically renew each month.
• Immediate Access: By completing your purchase, you agree to immediate access to the digital content, waiving any right to a 14-day withdrawal period typically allowed by law.
• Cancellations: You may cancel your subscription at any time through the website or by contacting [email protected]. Note that you will not receive a refund or credit for any payments already made at the time of cancellation.
• Price Changes: FASHN reserves the right to change subscription prices. Any price changes will take effect at the start of the next subscription period following the date of the price change.
• Taxes and Late Payments: Subscription fees do not include taxes or duties. You are responsible for all applicable taxes and duties. Delinquent payments may result in suspension of service until such payments are received.

Termination

• Termination by FASHN: FASHN may terminate your access to all or any part of the Service at any time if you breach these Terms of Use, with potential forfeiture and destruction of all information associated with your account.
• Mutual Termination Rights: Either party may terminate the Service for any reason upon providing written notice to the other party.
• Effect of Termination: Upon termination, all rights and licenses granted to you will terminate immediately. However, certain provisions of this Agreement, such as warranty disclaimers, indemnity, and limitations of liability, will survive termination.

Indemnification

• Your Responsibilities: You agree to defend, indemnify, and hold harmless FASHN, its affiliates, and their respective employees, contractors, directors, and suppliers from any liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Services, or any violation of these Terms.
• Assumption of Defense: FASHN reserves the right to assume exclusive defense and control over any matter for which you are required to indemnify FASHN, and you must cooperate with FASHN in asserting any available defenses.

Limitation of Liability and Disclaimer

Use at Your Own Risk: Your use of FASHN’s services, including the website and all content, is entirely at your own risk. The services and content are provided on an “AS IS” and “AS AVAILABLE” basis. FASHN disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties implied by a course of performance or usage of trade.

Limitation of Liability: FASHN, its directors, employees, agents, partners, suppliers, content providers, successors, and assigns will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, data loss, cost of procurement of substitute goods or services, or other intangible losses, regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise. This limitation applies to:

• Any reliance on the services or website;
• The inability to use the services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the services;
• Any other matter relating to the services.

Maximum Liability: In no event will FASHN’s aggregate liability for all claims relating to the services exceed the greater of $500 or the amount you paid FASHN, if any, in the last 12 months.

Time Limit for Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modifications and Interruptions: FASHN reserves the right to modify or discontinue, temporarily or permanently, the site or services (or any part thereof) with or without notice. FASHN will not be liable for any modification, suspension, or discontinuance of the services.

General Legal Compliance: You are responsible for using the site in compliance with all applicable laws and regulations of the jurisdictions in which you are domiciled, reside, or are located at the time of such access or use.

Disclaimer and Exclusions May Not Apply: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.

Dispute Resolution by Binding Arbitration

This section is critically important as it affects your legal rights. By agreeing to these terms, you and FASHN consent to resolve any disputes through binding arbitration, which means that you waive any right to have those disputes decided by a judge or jury. All disputes, claims, or causes of action arising from or related to these Terms or your use of FASHN’s services will be exclusively resolved through arbitration, except for matters that may be taken to small claims court.

• Pre-Arbitration Requirements: Before arbitration begins, both parties agree to attempt to resolve disputes informally. You must send a detailed notice of your claim to [email protected], and FASHN will provide a similar notice to you, specifying the nature of the issue and the proposed resolution.
• Arbitration Process: Arbitration will be conducted under the rules of the American Arbitration Association (“AAA”) and will be governed by the Federal Arbitration Act. This process is generally simpler and more limited than court trials.
• Location and Manner: Arbitrations may take place in the United Kingdom or another mutually agreed location, and can be conducted in person, by telephone, or online. The specific procedures will be determined by the AAA rules.

You and FASHN agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and neither you nor FASHN will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

You have the option to opt-out of the arbitration agreement by providing written notice within 30 days of first accepting these terms. This notice must be sent to FASHN’s designated address and include your full contact details.

The arbitrator’s decision will be final and binding on all parties, and may be entered as a judgment in any court of competent jurisdiction.

General Provisions

You may not assign these Terms without the prior written consent of FASHN, although FASHN may assign them without restriction.

If any part of these Terms is held unenforceable, the rest remains in effect.

These Terms constitute the entire agreement between you and FASHN, superseding all prior communications.

The enforceability of these Terms is not waived by any failure of FASHN to enforce any part of these Terms.

Notices

All notices under these Terms must be in writing, and are deemed given when received via the specified methods in these Terms.

Miscellaneous

Nothing in these Terms creates a partnership or agency relationship between you and FASHN.

Contact Us

For questions regarding the Terms of Use, you can get in touch by emailing us at [email protected].