Last Updated: [12/06/2023]
Welcome to fAIshion Inc!
Please read these Terms of Use (“Terms”) carefully before using fAIshion Inc’s website (the “Site”), Chrome Plugin, API, Shopify App, and other applications (the “Apps”) operated by fAIshion Inc (“us,” “we,” or “our”). These Terms set forth the legally binding terms and conditions for your use of the Site and Apps.
By accessing or using the Site and Apps in any manner, you agree to be bound by these Terms. If you do not agree with all the terms and conditions of this agreement, you are not permitted to use the Site and Apps.
1. Our Services
1.1. fAIshion Inc provides innovative artificial intelligence-powered fashion solutions. By using our Site and Apps, you agree to abide by these Terms and any additional terms and conditions that may be provided.
2. Intellectual Property Rights
2.1. The Site and Apps, including all content, features, and functionality, are owned by fAIshion Inc and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Apps for personal, non-commercial use.
3. User Representations
3.1. By using the Site and Apps, you represent and warrant that you are at least 18 years old or the legal age of majority in your jurisdiction and that you have the legal capacity to enter into these Terms.
4. Prohibited Activities
4.1. You agree not to engage in any of the following activities:

• Violating any applicable law or regulation.

• Attempting to interfere with the proper functioning of the Site and Apps.

• Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site and Apps.

• Circumventing or attempting to circumvent any security measures or authentication features.

5. User Generated Contributions
5.1. The Site and Apps may allow users to post, submit, or share content. By providing any user-generated content, you grant fAIshion Inc a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content.
6. Contribution License
6.1. You retain ownership of your user-generated content. However, by contributing content to the Site and Apps, you grant fAIshion Inc a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Site and Apps.
7. Mobile & Plugin Application License
7.1. If you download and use the Chrome Plugin, Shopify App, and mobile Apps, you agree to be bound by these Terms and any additional terms and conditions provided by the app store from which you downloaded the Apps.
8. Third-Party Websites and Content
8.1. The Site and Apps may contain links to third-party websites or services. fAIshion Inc is not responsible for the content, privacy policies, or practices of third-party websites or services.
9. Advertisers
9.1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site and Apps are solely between you and such advertiser.
10. Services Management
10.1. fAIshion Inc reserves the right to modify, suspend, or discontinue any part or all of the Services at any time without notice.
11. Term and Termination
11.1. These Terms are effective unless and until terminated by either you or fAIshion Inc. You may terminate these Terms by discontinuing your use of the Site and Apps.
11.2. fAIshion Inc may terminate these Terms at any time without notice if, in its sole discretion, you fail to comply with any term or provision of these Terms.
12. Modifications and Interpretations
12.1. fAIshion Inc reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site and Apps after any such changes constitutes your acceptance of the new Terms.
13. Governing Law and Dispute Resolution
13.1. These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
13.2. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site and Apps (collectively, “Disputes”) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13.3. Arbitration Location: The arbitration shall take place in [City], California, or any other location mutually agreed upon by the parties.
13.4. Arbitration Fees: Each party shall bear its own costs, including attorney’s fees, associated with the arbitration, and shall share equally in the fees and expenses of the arbitrator(s) unless the arbitrator(s) determine otherwise.
13.5. Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration or proceeding under these Terms shall be joined to any other arbitration or proceeding, whether through class arbitration proceedings or otherwise. You agree that you and fAIshion Inc are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
13.6. Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
14. Corrections
14.1. fAIshion Inc reserves the right to correct any errors or omissions on the Site and Apps.
15. Disclaimer
15.1. The Site and Apps are provided “as is” and “as available” without any warranties of any kind, either express or implied.
16. Limitation of Liability
16.1. In no event shall fAIshion Inc be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
17. Indemnification
17.1. You agree to indemnify, defend, and hold harmless fAIshion Inc from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party.
18. User Data
18.1. fAIshion Inc may collect and use information about you in accordance with its Privacy Policy.
19. Electronic Communications
19.1. By using the Site and Apps, you consent to receiving electronic communications from fAIshion Inc.
20. Transactions and Signature
20.1. You agree that all transactions made through the Site and Apps and your electronic signature are legally binding and enforceable.
21. California Users and Residents
21.1. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
22. Miscellaneous
22.1. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary.
23. Contact Us
23.1. If you have any questions about these Terms, please contact us at support@faishion.ai.
Thank you for using fAIshion Inc!
fAIshion Inc