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 information submitted by Customer through the Services, including product images, product metadata, sizing information, and integration-related content.
- User Profile Data means information voluntarily submitted directly by End Users to PrimeStyleAI, including profile photographs, measurements, height, weight, fit preferences, account information, recommendation history, and virtual try-on history.
- User Profile Data is controlled by PrimeStyleAI and governed by the PrimeStyleAI Privacy Policy.
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
The Services may generate measurement estimates, size recommendations, confidence scores, virtual try-on visualizations, and fit-related outputs. Such outputs are algorithmic estimates only.
PrimeStyleAI does not guarantee measurement accuracy, sizing accuracy, product fit, product comfort, product appearance, or customer satisfaction.
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.
1.7 User Profiles and Cross-Site Functionality
PrimeStyleAI may permit End Users to create reusable profiles for use across participating websites and applications utilizing the PrimeStyleAI Services.
Such profiles may include photographs, measurements, height, weight, fit preferences, recommendation history, and virtual try-on history.
End Users retain control over profile information and may modify or delete profile information in accordance with PrimeStyleAI policies.
Customer acknowledges that User Profile Data is maintained by PrimeStyleAI and is not transferred to Customer except for recommendation outputs necessary to provide the Services.
1.8 Biometric Disclaimer
PrimeStyleAI does not provide biometric identification services.
Photographs submitted to the Services are not used for identity verification, facial recognition, biometric authentication, or surveillance.
1.9 Data Control and Deletion
User Profile Data may be modified or deleted by the applicable End User in accordance with the PrimeStyleAI Privacy Policy and Profile Deletion Policy.
1.10 IP Protection
Customer shall not use the Services to train competing AI systems, benchmark the Services for publication without written consent, or build competing sizing, fit prediction, recommendation, or virtual try-on systems using information derived from the Services.
1.11 Customer Responsibility
Customer remains solely responsible for product descriptions, size charts, product measurements, product quality, product inventory, advertising claims, customer communications, and sales transactions.
1.12 Incorporation by Reference
The PrimeStyleAI Privacy Policy, Cookie Policy, AI Decision Engine & Measurement Disclaimer, and any applicable Data Processing Addendum are incorporated into and form part of these Terms.
1.13 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.
1.14 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.
1.15 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.
1.16 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.
1.17 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.
1.18 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.
1.19 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.
1.20 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.
1.21 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.
1.22 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.
1.23 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.
1.24 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 at support@primestyleai.com, privacy@primestyleai.com, or legal@primestyleai.com.