Welcome to WearView! Please read these Terms of Use ("Agreement" or "Terms") carefully before using any services provided by WearView. This Agreement governs your access to and use of the WearView 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.
The Services are available to you subject to your acceptance of these Terms, which include all other operating rules and policies published by WearView. 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.
WearView 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.
Modification of Terms: WearView 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 WearView 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.
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.
Purpose of the Service: By using the WearView AI app, you agree to use it solely for simulating fashion photoshoots and creating virtual try-on experiences. 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:
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: WearView 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.
General IP Rights:
Your Rights and Restrictions:
User Contributions and Shared Content:
Protection of IP and Enforcement:
External Links Disclaimer:
No Endorsement of Third Party Content:
Use at Your Own Risk: Your use of WearView'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. WearView 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: WearView, 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:
Maximum Liability: In no event will WearView's aggregate liability for all claims relating to the services exceed the greater of $500 or the amount you paid WearView, 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: WearView reserves the right to modify or discontinue, temporarily or permanently, the site or services (or any part thereof) with or without notice. WearView 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.
Agreement to Arbitrate
This section is critically important as it affects your legal rights. By agreeing to these terms, you and WearView 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 WearView's services will be exclusively resolved through arbitration, except for matters that may be taken to small claims court.
Scope and Procedure
No Class Actions
You and WearView agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and neither you nor WearView 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.
Opt-Out of Arbitration
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 WearView's designated address and include your full contact details.
Enforcement
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.
Assignment:
You may not assign these Terms without the prior written consent of WearView, although WearView may assign them without restriction.
Severability:
If any part of these Terms is held unenforceable, the rest remains in effect.
Entire Agreement:
These Terms constitute the entire agreement between you and WearView, superseding all prior communications.
Enforceability and Non-waiver:
The enforceability of these Terms is not waived by any failure of WearView to enforce any part of these Terms.
Notice Requirements:
All notices under these Terms must be in writing, and are deemed given when received via the specified methods in these Terms.
No Agency or Partnership:
Nothing in these Terms creates a partnership or agency relationship between you and WearView.
For questions regarding the Terms of Use, you can get in touch by emailing us at legal@tryone.ai.