Uwear.ai Software Terms and Conditions

1. Acceptance of Terms

By using the Uwear.ai software, including accessing and utilizing the Application Programming Interface (API), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use or access this software or API.

2. Description of Service

Uwear.ai is a software and API service that allows brands and clothing sellers to generate on-model photos of their items using artificial intelligence. The API allows for programmatic access to Uwear.ai's image generation capabilities, enabling integration with other systems and applications.

3. License

Subject to these Terms and Conditions, and any applicable API specific terms, we grant you a non-transferable, non-exclusive, revocable license to use the software and API for commercial purposes, subject to any usage limits and restrictions outlined in your subscription or API documentation.

4. Restrictions

You agree not to:

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software or API.

• Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the software or API access credentials to any third-party, except as expressly permitted under a separate reseller agreement with Uwear.ai.

• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the software or API, including but not limited to API keys, rate limits, and authentication mechanisms. Upload any content that you do not own or have the right to use, or any content that is obscene, pornographic, or otherwise objectionable.

• Upload any content that you do not own or have the right to use, or any content that is obscene, pornographic, or otherwise objectionable.

• Use the API in a manner that exceeds reasonable request volumes, constitutes excessive or abusive usage, or otherwise violates any API usage guidelines or rate limits provided by Uwear.ai. We reserve the right to define "reasonable" and "excessive" usage at our sole discretion.

• Use the API for purposes of reverse engineering the underlying AI models or algorithms.

• Attempt to gain unauthorized access to the API, its systems, or data.

5. Intellectual Property

All intellectual property rights in the software, the API, and the "Uwear.ai" trademark belong to us or our licensors. You obtain no rights in the software, API, or the trademark other than those expressly granted in these Terms and Conditions. This includes, but is not limited to, the underlying AI models, algorithms, and all generated output images (subject to the commercial use terms below).

6. No Refund Policy

Unfortunately, we cannot offer refunds as the costs incurred running AI models is extremely high (compared to traditional software). When a photo is generated, we pay for the processing time used by the GPU, regardless of the photo quality and cannot ask for a refund ourselves. During sign up, you agree to withhold your right to refund for this reason. This no refund policy applies to all usage of the software and API, including but not limited to subscription fees and API usage charges. Please ensure you understand the service and its limitations before committing to paid usage.

7. Commercial Terms

Any photos generated by users using the software or API are available for commercial use without time limit or use restrictions. However, we retain the proprietary right to these photos for AI training and improving our algorithms. By using our service, you grant us a non-exclusive, worldwide, royalty-free license to use generated images for the purpose of improving our AI models and services. This includes using images for internal research, development, and algorithm refinement.

8. Disclaimer of Warranties

The software and API are provided "as is", without warranty of any kind. We do not warrant that the software or API will meet your requirements or that its operation will be uninterrupted or error-free. Specifically, we do not warrant the accuracy, quality, or suitability of AI-generated images for any particular purpose. AI model performance can vary, and image outputs may not always be perfect or meet specific expectations.

9. Limitation of Liability

In no event will we be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising from the use or inability to use the software or API, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms and Conditions or the use of the software or API will not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Termination

We may terminate these Terms and Conditions and your access to the software and API at any time without notice, including but not limited to for violations of these Terms, abusive API usage, or non-payment of fees. Upon termination, you must cease all use of the software and API, and destroy all copies of the software in your possession. For API users, termination includes revocation of API keys and access credentials.

11. API Specific Terms

The following terms apply specifically to your use of the Uwear.ai API:

• API Access and Keys: Access to the API requires registration and the issuance of unique API keys. You are responsible for maintaining the confidentiality and security of your API keys and are liable for all activities conducted through your API keys. You agree to notify us immediately of any unauthorized use of your API keys or any other breach of security.

• API Documentation and Support: We will provide API documentation to assist you in integrating with our API. We are not responsible for your integration efforts or any issues arising from your code or implementation.

• API Changes and Deprecation: We may update or modify the API from time to time. We will endeavor to provide reasonable notice of any material changes or deprecations that may affect backward compatibility. Continued use of the API after changes are implemented constitutes acceptance of the updated API terms.

• Data Security: You are responsible for implementing appropriate security measures to protect data transmitted to and from the API, including compliance with all applicable data protection laws.

11. Governing Law

These Terms and Conditions are governed by the laws of Montreal, Canada, without regard to its conflict of law provisions.

12. Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions, including the API specific terms, at any time. Any changes will be effective immediately upon posting on our website. For significant changes that materially affect your rights or obligations, we will endeavor to provide reasonable notice via email or website notification, but it is your responsibility to periodically review these Terms for updates.

For any questions, please write to hello@uwear.ai

Uwear.ai Privacy Policy

1. Information We Collect

We collect personal information from you when you create an account with us, such as your email address. We also collect information about your use of our software and API through the use of cookies and other tracking technologies, such as Google Analytics. For API users, we may also collect API keys, API usage logs, timestamps, request and response data (excluding the actual clothing images themselves unless necessary for debugging and with anonymization measures), and IP addresses for security and operational purposes.

2. How We Use Your Information

We use your email address to manage your account and to communicate with you about your account and our software and API. We may also use your email address to send you notifications or updates about our software and API, but you will have the ability to opt-out of receiving these communications. We use the information we collect through cookies and other tracking technologies to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. API usage data is used to monitor API performance, ensure security, detect and prevent abuse, improve our services, and for billing and usage reporting.

3. Sharing of Your Information

We do not sell, trade, or rent your personal information to third parties. We may share your personal information with service providers who perform services on our behalf, such as hosting providers, email service providers, and API infrastructure providers (e.g., API gateway services). These service providers are required to keep your personal information confidential and are not permitted to use it for any purpose other than to provide services to us.

4. Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to collect information about your use of our software and API. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service and potentially impact API functionality that relies on session management.

5. Data Retention

We retain your personal information for as long as necessary to provide you with our software and services, or as required by law. API usage logs and related data may be retained for a period necessary for operational purposes, security monitoring, and billing, and in accordance with applicable legal and regulatory requirements.

6. Security

We take reasonable measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. This includes implementing security measures for API access, such as secure key management and access controls. However, no method of transmission over the Internet or electronic storage is completely secure, so we cannot guarantee its absolute security.

7. Your Rights

You have the right to access, correct, or delete your personal information that we have collected. You may also have the right to restrict or object to certain types of processing of your personal information. To exercise these rights, please contact us using the contact information provided below.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on our website prior to the effective date of the changes.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at hello@uwear.ai