Terms of Service

Welcome to AWA Clothing AI. These Terms of Service ("Terms") govern your access to and use of our AI-powered design platform, including our website, software, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By creating an account, subscribing to our Services, or otherwise accessing AWA Clothing AI, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

AWA Clothing AI provides a Software-as-a-Service (SaaS) platform that utilizes artificial intelligence technology to assist users in creating:

• Clothing designs and fashion concepts
• Product mockups and visualizations
• Brand logos and graphic elements
• Technical specification sheets (tech packs)
• Price estimates for clothing production
• Clothing size estimates and recommendations

Our Services are designed to enhance creative workflows for fashion designers, brands, and related professionals. We reserve the right to modify, update, or discontinue features at any time without prior notice.

3. Account Registration and Security

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

3.1 Third-Party Authentication

If you register or log in using a third-party service (such as Google OAuth), you authorize us to access certain information from that service as permitted by their privacy policies. You are responsible for maintaining the security of your third-party accounts.

4. Subscription Plans and Billing

4.1 Subscription Model

AWA Clothing AI operates on a subscription-based model with various tiers including free and paid plans. Paid subscription plans are billed on a monthly recurring basis unless otherwise specified. By subscribing to our Services, you authorize us to charge your designated payment method at the beginning of each billing cycle.

4.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. Renewal charges will be applied to your payment method on file. We will provide notice of any price changes at least 30 days before they take effect.

4.3 Payment Terms

All fees are non-refundable except as required by law or as expressly stated in these Terms. You are responsible for all applicable taxes. If payment fails, we may suspend access to your account until payment is received.

4.4 Usage Limits

Different subscription plans have different usage limits, including but not limited to:

• Number of AI-generated images per month
• Access to premium features (logos, mockups, tech packs)
• Number of price estimates or size calculations

Exceeding your plan's limits may require an upgrade to a higher tier or additional fees.

5. Cancellation and Termination

5.1 Cancellation by User

You may cancel your subscription at any time through your account settings or by contacting our support team at awa@2be.am. Cancellation will take effect at the end of your current billing cycle. You will retain access to paid features until the end of the billing period for which you have paid.

5.2 No Refunds

Subscription fees are non-refundable. If you cancel mid-cycle, you will not receive a refund for the remainder of that billing period, but you will retain access until the period ends.

5.3 Termination by AWA Clothing AI

We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice or liability, for any reason, including but not limited to violation of these Terms, fraudulent activity, or conduct that we believe is harmful to other users or our business interests.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You specifically agree NOT to:

• Use the Services to create, distribute, or promote illegal, harmful, offensive, or fraudulent content
• Infringe upon intellectual property rights of third parties, including trademarks and copyrights
• Attempt to reverse engineer, decompile, or extract source code from our software
• Use automated systems (bots, scrapers) to access the Services without authorization
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to our systems or user accounts
• Resell, redistribute, or provide access to the Services to third parties without permission
• Remove, alter, or obscure any proprietary notices or branding
• Use the Services to compete with AWA Clothing AI or develop competing products
• Share account credentials with multiple users (one account per user)
• Violate any applicable laws, regulations, or third-party rights

7. AI-Generated Content and Intellectual Property

7.1 Ownership of AI-Generated Designs

Subject to your compliance with these Terms and payment of applicable fees, you retain ownership of the final designs, images, and content you create using our AI tools ("User Content"). However, you acknowledge that:

• AI-generated outputs may not be unique and similar content may be generated for other users
• The underlying AI models, algorithms, and technology remain the exclusive property of AWA Clothing AI
• We do not guarantee that AI-generated content is free from third-party intellectual property claims
• You are solely responsible for verifying that your designs do not infringe on existing trademarks, copyrights, or design patents

7.2 User Responsibilities

You are solely responsible for:

• Ensuring your use of AI-generated designs does not infringe third-party rights
• Obtaining necessary permissions or licenses for commercial use
• Conducting appropriate trademark, copyright, and design patent searches before using designs commercially
• Compliance with all applicable laws regarding the creation and distribution of your designs
• Accuracy of any claims made about clothing sizes, prices, or technical specifications

7.3 License to AWA Clothing AI

By using our Services, you grant AWA Clothing AI a worldwide, non-exclusive, royalty-free license to use, reproduce, and display User Content solely for the purposes of:

• Providing, maintaining, and improving the Services
• Training and improving our AI models to enhance service quality
• Debugging and troubleshooting technical issues
• Marketing and promotional purposes (only with your explicit consent)

7.4 Prohibited Content

You may not use our Services to create designs or content that:

• Infringes upon trademarks, copyrights, or other intellectual property rights
• Contains hate speech, discriminatory imagery, or promotes violence
• Violates privacy rights or misappropriates likeness of individuals
• Is defamatory, obscene, pornographic, or otherwise unlawful
• Depicts minors in inappropriate contexts
• Promotes dangerous or illegal activities

8. Service Modifications and Availability

8.1 Changes to Features

We continuously work to improve our Services and may add, modify, or remove features at any time. We reserve the right to:

• Update AI models and algorithms to improve output quality
• Change pricing, subscription tiers, and usage limits with reasonable notice
• Discontinue features or tools with reasonable notice when feasible
• Impose usage restrictions or rate limits to ensure service quality

8.2 Service Availability

While we strive to provide reliable and uninterrupted service, we do not guarantee that the Services will be available at all times. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control including server outages, network failures, or third-party service disruptions.

9. Data Accuracy and Disclaimers

9.1 Price Estimates

Price estimates provided by our AI are approximations based on available data and should be used for informational purposes only. Actual production costs may vary significantly based on:

• Current market conditions and material costs
• Manufacturer pricing and location
• Order quantities and specifications
• Shipping and import/export fees

We are not responsible for any financial losses resulting from reliance on AI-generated price estimates.

9.2 Size Estimates

Clothing size recommendations are estimates based on standard sizing charts and may not be accurate for all body types or brands. You are responsible for:

• Conducting your own measurements and fit tests
• Consulting with pattern makers and manufacturers
• Creating size charts appropriate for your target market

9.3 Technical Specifications

Tech packs and technical specifications generated by AI should be reviewed and verified by qualified professionals before use in production. We do not guarantee accuracy or completeness of technical information.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• No Warranties: The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
• Limitation of Damages: AWA Clothing AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, business opportunities, or production costs, arising from your use of or inability to use the Services.
• Maximum Liability: Our total liability to you for all claims arising from these Terms or your use of the Services shall not exceed the amount you paid to AWA Clothing AI in the twelve (12) months preceding the claim.
• AI Accuracy: We do not warrant that AI-generated content, estimates, or recommendations will be accurate, error-free, complete, or suitable for your specific purposes. You are responsible for reviewing and validating all outputs.
• Third-Party Claims: We are not responsible for any claims by third parties related to your use of AI-generated designs, price estimates, size recommendations, or technical specifications.
• Production Issues: We are not liable for any manufacturing defects, production delays, or quality issues that may arise from using AI-generated designs or specifications.

11. Indemnification

You agree to indemnify, defend, and hold harmless AWA Clothing AI, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you create, upload, or share through the Services
• Commercial use of AI-generated designs without proper verification
• Inaccurate price estimates or size recommendations used in your business

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

13. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services (including payment processors, Google OAuth, and analytics services). We are not responsible for the content, privacy practices, or terms of service of any third parties. Your interactions with third parties are solely between you and the third party.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiation. If resolution cannot be reached within 30 days, disputes may be resolved through binding arbitration or in the courts of Switzerland, as applicable.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and AWA Clothing AI.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we may also send email notifications. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.