Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NexWear ("Company," "we," "us," or "our") regarding your use of the NexWear mobile application and related services (the "Service").

By downloading, installing, accessing, or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

NexWear is an AI-powered fashion assistant application that helps users:

• Digitize and organize their wardrobe
• Receive personalized outfit recommendations
• Track style evolution and fashion analytics
• Get weather-based clothing suggestions
• Access sustainable fashion insights
• Sync data across multiple devices

The Service uses artificial intelligence, machine learning, and computer vision technologies to provide personalized fashion recommendations and insights.

3. Eligibility

To use the Service, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are under 18 years of age, you must have permission from your parent or legal guardian to use the Service.

4. User Accounts

4.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized access to your account.

4.3 Account Termination

You may delete your account at any time through the app settings. We may suspend or terminate your account if you violate these Terms or engage in prohibited conduct.

5. User Content and Data

5.1 Your Content

You retain ownership of all content you upload to the Service, including clothing images, style preferences, and other personal data ("User Content"). By using the Service, you grant us a limited, non-exclusive license to use your User Content to provide the Service.

5.2 Content Standards

Your User Content must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Contain harmful, offensive, or inappropriate material
• Include personal information of third parties without consent
• Contain malicious code or viruses

5.3 Content Removal

We reserve the right to remove or disable access to any User Content that violates these Terms or our community guidelines.

6. Prohibited Uses

You may not use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Reverse engineer, decompile, or disassemble the application
• Attempt to gain unauthorized access to our systems
• Use the Service for commercial purposes without permission
• Share your account credentials with third parties
• Upload false, misleading, or inappropriate content
• Interfere with or disrupt the Service or our servers
• Use automated scripts or bots to access the Service
• Collect or harvest user information without consent
• Transmit spam, chain letters, or other unsolicited communications

7. Intellectual Property Rights

7.1 Our Rights

The Service and its original content, features, and functionality are owned by NexWear and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes, subject to these Terms.

7.3 Trademarks

NexWear, our logo, and other marks are trademarks of our company. You may not use our trademarks without our prior written consent.

8. 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 the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

9. Payments and Subscriptions

9.1 Free and Premium Features

The Service offers both free and premium features. Premium features require a paid subscription, which may be offered on a monthly or annual basis.

9.2 Payment Terms

• Subscription fees are charged in advance
• All payments are processed through Apple's App Store
• Prices are subject to change with notice
• Refunds are subject to Apple's refund policy

9.3 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage your subscription through your Apple ID account settings.

10. Disclaimers and Limitations

10.1 Service Availability

We strive to maintain the Service's availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 AI Recommendations

Our AI-powered recommendations are suggestions only and should not be considered professional fashion advice. We are not responsible for any decisions you make based on our recommendations.

10.3 Third-Party Content

The Service may include links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of third-party services.

10.4 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXWEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless NexWear and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

13. Termination

13.1 Termination by You

You may terminate your account and stop using the Service at any time by deleting your account through the app settings.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms
• Engage in prohibited conduct
• Fail to pay subscription fees
• Use the Service in a way that could harm us or other users

13.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and data, though some information may be retained as required by law or for legitimate business purposes.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising out of these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action or collective proceeding.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms in the app
• Sending an email notification
• Displaying a notice in the app

Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and NexWear regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: