Terms & Conditions

1. Acceptance of Terms

By downloading, installing, or using the WeartyAI mobile application ("App"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, please do not use the App. These Terms constitute a legally binding agreement between you and WeartyAI.

2. Eligibility

You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you meet this requirement. We reserve the right to suspend or terminate accounts of users who do not meet the eligibility criteria.

3. Credits System

The App operates on a virtual credit system. Credits are purchased in-app and used to access AI features:

• Credits have no monetary or cash value outside the App.
• Credits do not expire.
• Credits are non-transferable between accounts.
• Credits are deducted upon initiating a generation, not upon completion. If a generation fails due to a technical error on our end, credits will be refunded to your account.

4. Payments & No Refund Policy

All credit purchases are processed securely via Stripe. All sales of credits are final and non-refundable, except in the following case:

• Verifiable technical failures caused solely by WeartyAI that prevent credits from functioning may be reviewed within 14 days of purchase.

We do not issue refunds for dissatisfaction with AI-generated outputs, as the quality of AI results can vary based on input quality.

5. AI Disclaimer — Limitations & Accuracy

Specifically, you acknowledge and agree that:

• Valuations are estimates only. AI price estimates are not professional appraisals, certified valuations, or financial advice. Market prices fluctuate constantly and the AI may return figures that do not reflect actual resale value.
• AI can hallucinate. The AI may generate descriptions, brand names, model numbers, or product details that are incorrect or do not exist. Always verify information independently before relying on it.
• Images are AI-generated. Virtual try-on and model photos are synthetic images created by AI. They may not accurately represent how a garment will look in real life, on a specific body type, or under real lighting conditions.
• Market data is not real-time. Price comparisons are based on search results at the time of the request and may not reflect the most current listings on Vinted, eBay, or other platforms.
• Not financial advice. Nothing in the App constitutes financial, investment, or professional advice of any kind.

WeartyAI shall not be held liable for any financial loss, missed sales, incorrect purchases, or any other damages arising from reliance on AI-generated content.

6. User-Generated Content

By uploading photos or text to the App, you grant WeartyAI a limited, non-exclusive, worldwide licence to process and transmit that content solely for the purpose of providing the requested AI service. You retain ownership of all content you upload.

You agree not to upload content that is:

• Illegal, obscene, or offensive.
• Infringing on the intellectual property rights of others.
• Containing nudity or sexually explicit material.
• Depicting minors in any capacity.
• Designed to deceive, defraud, or manipulate AI systems.

Violations may result in immediate account termination and loss of remaining credits without refund.

7. AI-Generated Images & Content Moderation

All AI-generated images, particularly those produced by the Virtual Try-On feature, are subject to automated content moderation. The App enforces strict safety guidelines — generated content must be fully clothed, modest, and safe for work. Attempts to circumvent content moderation are prohibited and may result in account suspension.

AI-generated images are for personal and commercial use only. You may not use generated images to defame, impersonate, or harass individuals.

8. Intellectual Property

The WeartyAI name, logo, app design, and all proprietary content are the intellectual property of WeartyAI. You may not reproduce, distribute, or create derivative works from our materials without prior written consent.

AI-generated outputs (valuations, images, descriptions) produced through your use of the App are owned by you, subject to the terms of the underlying AI providers (Anthropic, fal.ai).

9. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorised access to your account.
• Sharing accounts or reselling credits is prohibited.

10. Limitation of Liability

To the fullest extent permitted by law, WeartyAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, data loss, or business interruption arising from your use of the App.

Our total liability to you for any claim shall not exceed the amount you paid for credits in the 30 days preceding the claim.

11. Service Availability

We strive for 99% uptime but do not guarantee uninterrupted access to the App. We reserve the right to suspend, modify, or discontinue any feature or the entire App at any time, with or without notice. We shall not be liable for any service interruption.

12. Termination

We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms. Upon termination, any unused credits will be forfeited. You may request account deletion at any time by contacting weartyai@gmail.com.

13. Governing Law

For users outside the United States: these Terms shall be governed by and construed in accordance with the laws of Scotland, United Kingdom. Any disputes arising shall be resolved through good-faith negotiation, and if unresolved, through the courts of Scotland.

For users in the United States, Section 14 below (arbitration) applies and prevails over this section.

14. US Users — Binding Arbitration & Class-Action Waiver

14.1 Scope. This Section applies to any dispute, claim, or controversy between you and WeartyAI arising out of or relating to these Terms, the App, the credits system, AI-generated outputs, or any related interaction ("Dispute"), to the maximum extent permitted by law.

14.2 Informal resolution first. Before initiating arbitration, you agree to send a written "Notice of Dispute" to weartyai@gmail.com describing the nature of the dispute and the relief sought, and to negotiate in good faith for at least 60 days. The same applies if WeartyAI has a Dispute against you.

14.3 Binding arbitration. If the Dispute is not resolved during the 60-day informal period, it shall be resolved exclusively by final, binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitration shall be conducted by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

14.4 Federal Arbitration Act. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this Section.

14.5 Venue and location. Arbitration shall take place in the county where you reside or, at your election, by telephone or video conference. If the amount in dispute is less than US $10,000, the arbitration may be conducted entirely on the basis of documents submitted to the arbitrator.

14.6 Class-action waiver. You and WeartyAI each agree that any Dispute shall be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, then the entirety of this Section 14 shall be null and void, and the Dispute shall be litigated in court under Section 13.

14.7 30-day opt-out. You may opt out of this Section 14 by sending an email to weartyai@gmail.com with the subject line "Arbitration opt-out" within 30 days of first accepting these Terms (or 30 days after we materially modify this Section). The email must include your full legal name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

14.8 Exceptions. Notwithstanding the above, either party may bring a claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief from a court to protect intellectual property or stop unauthorised access to the App.

14.9 Survival and severability. This Section 14 survives termination of your account or these Terms. If any part of this Section (other than the class-action waiver in 14.6) is found unenforceable, the rest shall remain in force.

14.10 Fees. WeartyAI will pay all filing, administration, and arbitrator fees required by the AAA Consumer Rules for any individual arbitration brought by a US consumer, except that if the arbitrator finds your claim frivolous you may be required to reimburse those fees in accordance with the AAA Rules.

15. Copyright Complaints — DMCA

WeartyAI complies with the US Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the App infringes your copyright, please follow the procedure on our DMCA notice page, which sets out how to file a takedown notice, how to file a counter-notice, our repeat-infringer policy, and the contact details for our Designated Agent registered with the U.S. Copyright Office.

16. Changes to Terms

We may update these Terms at any time. Significant changes will be communicated via in-app notification or email. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. If we materially change Section 14 (arbitration), you will be given a fresh 30-day window to opt out as described in 14.7.

17. Contact

WeartyAI (sole trader, United Kingdom)
Email: weartyai@gmail.com
Website: weartyai.com
DMCA / copyright: see DMCA page
ICO data-controller registration: ZC147184