These Terms of Service govern access to and use of the PrimeStyleAI Services.
The Services are offered strictly for business use by Customers, Authorized Users, and integrations operating on Customer properties.
1.1 Definitions
- Company, we, us, our means PrimeStyleAI.
- Customer means the business entity, retailer, or merchant that creates an account or is issued API credentials.
- Authorized User means Customer's employees or contractors authorized to access the Services.
- End User means Customer's customers or site/app visitors interacting with Customer's properties.
- Services means the PrimeStyleAI API, SDK, developer portal, documentation, and related tools.
- Output means AI-generated images, visualizations, or other results produced by the Services.
- Customer Data means data submitted by Customer or End Users through Customer, including product images and user-uploaded images.
1.3 Account Registration, Credentials, and Security
- Customer is responsible for all activity under its account and credentials, including API keys.
- Customer must protect credentials using industry-standard practices, including access controls, secret management, and rotation.
- Customer must promptly notify us of any suspected unauthorized access or security incident.
1.4 License and Use of the Services
Subject to these Terms and any applicable order form or pilot agreement, PrimeStyleAI grants Customer a limited, non-exclusive, non-transferable, revocable license during the applicable term to access and use the Services solely for Customer's internal business purposes and solely as integrated into Customer's owned or controlled digital properties.
1.5 Acceptable Use and Prohibited Activities
- No unlawful use and no use that violates privacy, consumer protection, advertising, or intellectual property laws.
- No reverse engineering, decompiling, scraping, or attempting to extract source code, model weights, prompts, or underlying system design.
- No circumvention of rate limits, access controls, or safety filters.
- No submission of content involving minors, explicit sexual content, or illegal, violent, or hate content.
- No use to create deepfakes of real persons without authorization or in a misleading manner.
1.6 AI Output Disclaimer and No Sizing or Fit Guarantee
Outputs are simulated AI-generated representations. Outputs may not accurately reflect real-world garment fit, sizing, drape, color, texture, pattern alignment, lighting, or other attributes. The Services do not provide professional fitting, tailoring, medical, or biometric services. Customer remains solely responsible for product information, sizing charts, advertising claims, and all customer-facing representations.
1.7 No Performance Guarantees and No Reliance
We do not guarantee any business outcome, including conversion lift, revenue impact, return reduction, or customer satisfaction. Any projections, examples, or pilot modeling are illustrative only. Customer agrees not to rely on the Services or Outputs for any purpose other than evaluation and permitted business use and assumes all risk of use.
1.8 Beta Features, Availability, and Third-Party Dependencies
Some features may be labeled beta or preview and are provided as-is. Service performance may vary and may be affected by third-party infrastructure and AI providers. We may modify, suspend, or discontinue features at any time.
1.9 Fees, Usage, and Taxes
Fees, if any, are governed by an order form, pilot agreement, or separate commercial agreement. Unless otherwise specified, fees are non-refundable. Customer is responsible for applicable taxes, duties, and similar governmental assessments, excluding taxes on our income.
1.10 Intellectual Property and Feedback
- We retain all right, title, and interest in the Services, including all software, models, algorithms, documentation, and improvements.
- Customer retains rights in Customer Data. Customer grants us a limited license to process Customer Data to provide the Services.
- If Customer provides feedback, Customer grants us a perpetual, worldwide, royalty-free license to use and incorporate feedback without obligation.
1.11 Confidentiality
Each party may receive the other's Confidential Information. Each party will protect the other's Confidential Information using reasonable care and will use it only to perform under these Terms or the applicable agreement. Obligations do not apply to information that is public without breach, independently developed, or lawfully obtained from a third party.
1.12 Suspension and Termination
- We may suspend or terminate access immediately for violation of these Terms, suspected abuse, security risk, or legal compliance reasons.
- Upon termination, Customer must stop using the Services and delete stored credentials and any non-public documentation we provided, except as required for records.
1.13 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF OUTPUTS.
1.14 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL PRIMESTYLEAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL; AND (B) PRIMESTYLEAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) USD $100 OR (II) THE FEES PAID BY CUSTOMER TO PRIMESTYLEAI FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
1.15 Indemnification by Customer
Customer will defend, indemnify, and hold harmless PrimeStyleAI and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising from Customer Data, Customer's products, sizing, descriptions, marketing claims, sales practices, relationship with End Users, violation of applicable law, or misuse of the Services.
1.16 Compliance, Export, and Sanctions
Customer will comply with all applicable laws. Customer represents it is not subject to sanctions and will not use or permit use of the Services in violation of U.S. export controls or sanctions laws, including by providing access to restricted parties or jurisdictions.
1.17 Governing Law, Arbitration, and Class Action Waiver
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association in Orange County, California, in English, before a single arbitrator.
EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, either party may seek injunctive relief to protect its Confidential Information or intellectual property.
1.18 Changes to the Terms
We may update these Terms from time to time. If changes are material, we will post the updated Terms with a new Last Updated date. Continued use of the Services after changes become effective constitutes acceptance.
Contact
Contact PrimeStyleAI
For questions about these Terms, contact PrimeStyleAI in Laguna Niguel, California, USA.