Terms of Service
Popwear

Introduction

These Terms of Service ("Terms") are a legally binding contract between you and Popwear AI ("Popwear," "we," "us"). They govern your access to and use of popwear.ai (the "Site") and its associated services (the "Services"). Your use of the Site or Services constitutes your acceptance of these Terms. By proceeding, you represent and warrant that:

  • You have read and comprehended these Terms;
  • You agree to be bound by these Terms in their entirety;
  • You accept our Privacy Policy, located at Insert Correct Popwear AI Privacy Policy URL Here; and
  • You will comply with all pertinent laws and regulations.

License to Use Our Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services. This license permits use for both personal and commercial purposes, strictly in accordance with your chosen subscription plan and these Terms.

Intellectual property rights

Our rights

Popwear Incorporated (“Popwear,” “we,” “us,” or “our”) exclusively owns and will continue to own all right, title, and interest in and to the following (collectively, the “Popwear Property”), together with any and all associated worldwide intellectual-property rights:

Brand Assets

  • The “Popwear” and “Popwear AI” names and brands
  • The popwear.ai domain and all related or derivative domains
  • All Popwear logos, icons, slogans, and other brand identifiers
  • All marketing collateral, advertising copy, and similar branded materials

Platform Assets

  • The architecture, structure, and “look-and-feel” of the Site and Services
  • All platform features, functionalities, and workflows
  • Our proprietary algorithms, source code, databases, and systems
  • The user-interface and user-experience (UI/UX) designs
  • All documentation and supporting materials

Website & Content Assets

  • All text, graphics, media, and other content published on popwear.ai
  • Blog articles, knowledge-base entries, whitepapers, and guides
  • Marketing materials and promotional content
  • Interface components, icons, animations, and other design elements

The Popwear Property is protected by U.S. and international copyright, trademark, trade-dress, patent, and other intellectual-property laws, as well as applicable unfair-competition statutes and treaties. All rights not expressly granted to you in these Terms are reserved by Popwear. Unauthorized use, reproduction, modification, distribution, or display of any Popwear Property is strictly prohibited.

User rights

Popwear holds exclusive ownership of its platform, services, and Brand Assets. This ownership does not extend to content provided or created by users. Popwear explicitly does not claim ownership rights over:

  • User-generated content: Output sentences, images
  • User-uploaded content: Input sentences, images
  • Products accessed via external links.

You may freely:

  • Share generated outfit idea on other platforms.
  • Modify and adapt generated outfit idea for your own use.

To be explicitly clear:

  • Popwear places no restrictions on your use of generated code
  • You are free to use, modify, and share generated outfit ideas and media from Popwear without attribution requirements.

Data Usage

We collect and process data generated through your use of the Services for purposes including platform improvement, support provision, and user experience enhancement. Our Privacy Policy contains detailed information governing our data collection and processing practices. This section specifically addresses how your data is utilized to operate and improve the Services.

Service Improvement

To facilitate the continuous improvement of our Services, we analyze data derived from your usage, including prompts submitted and interaction patterns. This analysis is crucial for enhancing our AI models and underlying systems. Understanding how developers and other users utilize the platform allows us to optimize service performance and reliability, as well as to identify potential areas for development and feature enhancement.

Support and Operational Uses

We use the data we collect to provide comprehensive customer support and ensure the optimal operation of our platform. This includes activities such as monitoring system performance, analyzing error patterns, and generating internal reports to help us maintain and improve service quality. Specifically, our support and operational teams use this information to:

  • Deliver effective technical assistance by understanding common issues and usage patterns.
  • Monitor, maintain, and enhance platform stability and performance.
  • Generate insights to improve our platform features, documentation, and user guides.
  • Compile aggregated usage statistics for service optimization.
  • Conduct internal analysis to guide platform improvements and future development.

Data Retention and Management

We adhere to clear policies for data retention and management:

  • Your data is retained only for as long as necessary to fulfill the purposes for which it was collected, as described in these Terms and our Privacy Policy.
  • You may request the deletion of your data, subject to our data retention policies, applicable legal requirements, and technical feasibility.
  • Certain data may be retained for longer periods where required to comply with legal or regulatory obligations, resolve disputes, or enforce our agreements.

Responsible Data Usage

We are committed to responsible data usage practices that balance platform improvement with protecting user privacy and building trust. Our commitment includes:

  • Implementing strict data access controls.
  • Conducting regular security audits and compliance checks.
  • Ensuring comprehensive employee training on data handling protocols.
  • Maintaining transparency in our data usage practices.
  • Performing regular reviews and updates of our data policies. For complete details regarding data collection, processing, security measures, and your privacy rights, please refer to our Privacy Policy at https://popwear.ai/privacy.

User accounts and content

Account creation and management

  • You may create an account to use our Services
  • You are responsible for maintaining account security
  • Currently, account deletion must be requested via support
  • We reserve the right to terminate accounts that violate these Terms

User content

You may upload content including but not limited to:

  • Images
  • Texts You represent that:
  • You have all necessary rights to upload such content
  • Your content does not violate any laws or third-party rights
  • You are solely responsible for your content and its use

Digital Service Notice

  • Our Service provides immediate access to digital resources and software. Consequently, standard consumer rights regarding returns or "cooling-off periods" for physical goods may not apply.
  • Unless otherwise explicitly stated in these Terms or mandated by governing law, all purchases are considered final and are non-refundable upon completion.

DMCA Compliance

We respect intellectual property rights and are committed to complying with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed upon, please submit a DMCA takedown notice to us at [email protected]. Your notice must include the following information:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of good faith belief in the infringement
  • A statement of accuracy under penalty of perjury

Prohibited uses

You explicitly agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services.
  • Use any automated tools, bots, scrapers, or spiders to access or interact with the Services without our express prior written permission.
  • Attempt to gain unauthorized access to any non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
  • Create multiple free accounts for the purpose of circumventing usage limits or restrictions.
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • Upload, post, or transmit any content that contains viruses, malware, malicious code, or any other harmful components.
  • Attempt to probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures, including attempts to overload, flood, or crash our systems (Denial of Service attacks).
  • Use the Services (including any output or developments derived from the Services) in connection with activities subject to sanctions or export restrictions under applicable law, or in violation of any applicable export control laws or regulations.
  • Use the Services if you are located in, under the control of, or a national or resident of any comprehensively sanctioned or embargoed country or region, or if you are identified on any restricted party list (e.g., U.S. Treasury Department's Specially Designated Nationals List).

Promotions and feedback

Promotions

From time to time, we may offer promotions, contests, sweepstakes, or similar activities (collectively, "Promotions"). Your participation in any Promotion is subject to these Terms, as well as any additional terms, conditions, or rules specific to that Promotion, which will be made available to you at that time.

User feedback

  • We welcome feedback and suggestions
  • We may implement any feedback without compensation
  • Providing feedback grants us a perpetual, worldwide license to use it
  • No credit or compensation is due for implemented suggestions

Disclaimer of warranties

THE SITE, SERVICES, AND ALL POPWEAR CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPWEAR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, POPWEAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (A) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES, OR ANY POPWEAR CONTENT; (B) THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE SECURITY OF THE PLATFORM; OR (D) THAT THE SITE, SERVICES, OR POPWEAR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

ANY CONTENT, MATERIALS, OR CODE DOWNLOADED OR ACCESSED THROUGH THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, OR DATA THAT RESULTS FROM SUCH DOWNLOAD OR ACCESS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY POPWEAR, ITS EMPLOYEES, AGENTS, OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Limitation of liability

A. EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL WHITETOWER LTD., ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS (COLLECTIVELY, "WHITETOWER PARTIES") BE LIABLE FOR ANY:

(i) CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;

(ii) LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, OR GOODWILL;

(iii) LOSS OF, DAMAGE TO, OR INTERRUPTION OF DATA, NETWORKS, OR INFORMATION SYSTEMS; OR

(iv) COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES.

B. AGGREGATE LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE WHITETOWER PARTIES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, AND THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO WHITETOWER LTD. UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT FIRST GIVING RISE TO THE LIABILITY (IF ANY).

C. SCOPE OF LIMITATIONS. THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS "LIMITATION OF LIABILITY" SECTION SHALL APPLY:

(i) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION, OR OTHERWISE;

(ii) EVEN IF A WHITETOWER PARTY HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND

(iii) EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Popwear, including our officers, directors, employees, agents, licensors, affiliates, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of our platform and services
  • Breach of these Terms
  • Infringement of third-party rights
  • Content you create using our platform
  • Any content you submit or share through our services

Legal Notices and Governing Law

Governing Law

These Terms of Service ("Terms") and your use of the Popwear service ("Service") shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside, without regard to its conflict of law principles. Your use of the Popwear application may also be subject to other applicable local, state, national, or international laws, including those of the United States.

Dispute Resolution

Should you have any concern or dispute regarding the Service, you agree to first attempt to resolve the matter informally by contacting WhiteTower LTD ("Company"). Optional: You might specify how to contact, e.g., "via the contact information provided on our website" or link to a contact page.

Specific User Terms

European Union (EU) Users

If you are a consumer residing in the European Union, you shall benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

U.S. Federal Government End Use Provisions

If you are an end user of the United States federal government, the Service provided by the Company constitutes a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that: (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. government list of prohibited or restricted parties. Access to or use of the Service from such locations or by such parties is strictly prohibited.

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 such 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. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Contact information

For any questions regarding these Terms, contact us at: Email: [email protected]