Terms and Conditions

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Agreement

Using Wearly means accepting these terms, for you and for the business you represent.

These Terms and Conditions (the “Terms”) are a binding agreement between you and Wearly Technologies Inc. (“Wearly,” “we,” “us”) and govern your use of Wearly Studio, its website, applications, APIs, integrations and related services (the “Service”).

By creating an account, subscribing or otherwise using the Service, you accept these Terms. If you use the Service for a company or brand, you confirm that you have authority to bind it, and “you” includes that company or brand. If you do not agree, do not use the Service.

The Service is built for businesses and is offered for commercial use. You must be at least 18 years old to use it.

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The Service

Wearly is an AI studio for retail product imagery. What you can access depends on your plan and account.

The Service may include:

• Studio, Queue and Gallery, to generate product images at volume, review results and download them
• Video Creator and its editor, to create, extend and cut videos
• Rework Studio, to edit images with prompts and layers, along with upscaling tools
• The Assistant and Prompt Assistant, AI agents that answer questions and act in your account
• My Brand, Characters, saved prompts, recipes, moodboards, Explore presets and Workspaces
• Campaign, Campaign Creator, Content Creator and Atelier
• Products, including AI-written product descriptions
• Integrations with store platforms, including catalog import, publishing and a shopper try-on widget
• Catalog, a storefront to share a wholesale catalog and receive orders
• A Developer API
• Team management, and managed production for Enterprise accounts

Some features depend on your plan or are enabled per account. We may add, change, limit or remove features and AI models at any time, including ones you currently use, without liability to you.

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Accounts and teams

Keep your account secure. The account owner answers for the team and for its spending.

You agree to provide accurate information, keep your credentials secure, and tell us promptly about any unauthorized access. You are responsible for everything that happens under your account, including credits spent and actions taken by anyone using your credentials or API keys.

Each person may hold one account unless we authorize otherwise.

Teams

An account owner may invite members and appoint team admins who can send invitations. Members spend the owner’s credits and can access the owner’s shared prompts, products and brand materials. The owner is responsible for billing, for controlling who has access, and for the conduct of everyone on the team.

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Plans

Plans are monthly subscriptions that include credits. Current prices are shown at checkout.

We currently offer:

If you subscribed to an earlier or custom plan, you receive the credits included in that plan. Features vary by plan and are described where you subscribe.

Introductory offers, such as a first-month discount, apply only as stated when offered and do not change the price of later periods. Referral benefits have no cash value and are applied at our discretion to a future invoice.

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Credits

Credits pay for generation. They have no cash value and they do not last forever.

• Credit costs vary by model and settings. The cost is shown in the product before you generate, and it may change.
• Credits are deducted when a job is submitted. Approving or rejecting a completed result does not change that. Credits for jobs that fail or are blocked by a safety filter are generally returned automatically.
• Credits have no cash value and cannot be sold or transferred between accounts.
• On a plan without rollover, your balance resets to the plan amount at each renewal, and unused credits, including any added manually, are lost.
• On a plan with rollover, unused credits carry over only up to the maximum balance set for that plan, and anything above it is lost.
• Shopper try-ons on a connected store also use credits, up to any budget you set.
• If you cancel, you can use your credits until the end of the period you paid for. When that period ends, your balance, including rolled-over credits, goes to zero.
• If you move to a lower plan, your balance resets to the new plan’s monthly amount when the change takes effect, and rolled-over credits are lost.
• Unused credits are forfeited if your account is terminated.

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Billing and refunds

Subscriptions renew until you cancel. All sales are final.

Payments are processed by Stripe. Subscriptions renew automatically at the end of each billing period at the price then in effect, until you cancel. You can cancel at any time, and cancellation takes effect at the end of the current period. You are responsible for any applicable taxes. If a payment fails, we may suspend access to paid features.

We may change prices and plans for future billing periods.

All sales are final. Subscriptions and credits are non-refundable, in whole or in part, including for unused credits, partial periods, or generated content you are not satisfied with, except where a refund is required by law.

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Your content

What you upload stays yours. You promise you have the right to use it, and we may use it to train AI.

You keep your rights in the images, videos, prompts, brand materials, product data and other content you provide (“Your Content”). You grant us a worldwide, perpetual, irrevocable, royalty-free license to host, process, reproduce and modify Your Content and Generated Content, and to send them to our service providers, including third-party AI providers, in order to operate, improve and develop the Service and to train, evaluate and improve AI models, including Wearly’s own models.

We use Your Content and Generated Content to train AI models. Do not upload anything you are not willing or permitted to have used this way.

Our Privacy Policy explains this in more detail. Shopper try-on photos are not used for training.

You represent and warrant that:

• You own Your Content or have every right and license needed to use it this way, including for garments, designs, logos and trademarks
• You have the consent of every identifiable person in Your Content, including models, for it to be used with AI, including to train AI models, and for the resulting content to be used commercially
• Your Content and your use of it comply with all applicable laws and do not infringe any third party’s rights

The Service is not a backup or archive. You are responsible for downloading and keeping copies of anything you want to keep.

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AI-generated content

AI makes mistakes. You review everything, you decide what to publish, and it is your responsibility.

The Service uses artificial intelligence, including third-party AI models, to produce images, videos, text, recommendations and other output (“Generated Content”). You understand and accept that:

• Generated Content can be wrong, unrealistic or misleading. It can change a product’s color, fit, fabric, shape, details or labels, and it may not match the real product.
• Generated Content can resemble real people, brands, designs or works, including when you did not ask it to, and similar output may be produced for other customers.
• Generated Content may not qualify for copyright or other legal protection in your country.
• Results vary, and we do not guarantee any quality, outcome, conversion, saving or sales result. Models may change or stop being available.
• Safety filters may block or alter content, and can do so in error.
• AI fashion models and Characters are synthetic. Any likeness to a real person is your responsibility to check before use.
• Product descriptions and other text can contain errors, and the Assistant’s answers can be wrong.

The Assistant

The Assistant and other agents can take actions in your account when you use them, such as generating images, spending credits and changing prompts or recipes. You are responsible for those actions and their cost, whether or not the result is what you intended.

Your responsibility

You are solely responsible for Generated Content and for what you do with it. Before using or publishing it, you must review it and verify that it is accurate, lawful and fit for your purpose. This includes truthful product representation, advertising and consumer protection rules, any requirement to disclose the use of AI, intellectual property, and the rights of any person who appears or seems to appear in it.

To the extent we hold any rights in Generated Content made from your inputs, we assign them to you, without any warranty. Your rights do not extend to third-party material that may appear in it.

Wearly has no liability of any kind for Generated Content or for your use or publication of it. See No liability.

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Acceptable use

Use Wearly for legitimate commerce, and do not use it to harm, deceive or copy.

You must not use the Service to:

• Create or upload illegal, sexual, hateful, violent or otherwise harmful content, or any sexualized content involving minors
• Depict a real person without their consent, impersonate anyone, or create deepfakes
• Infringe copyright, trademarks, publicity rights or any other third-party right
• Deceive consumers, including by showing a product in a way that materially misrepresents it
• Bypass security, safety filters, credit charges, plan limits or usage limits
• Scrape, reverse engineer or overload the Service, or use it or its output to train or build a competing model or service
• Resell or redistribute the Service without our written authorization

We may remove content and limit or suspend access if we believe these Terms have been broken. We have no obligation to review or monitor content.

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Stores, try-on and catalogs

When you connect a store or sell through a catalog, your shoppers and buyers are your responsibility.

Connected stores

You may connect only stores you are authorized to manage. You are responsible for whatever you import or publish, including images and descriptions pushed to your store. Store platforms are third-party services under their own terms, and we are not responsible for them.

Shopper try-on

If you enable the try-on widget, your shoppers may upload photos of themselves, and the result is an AI approximation that does not guarantee how a product will look or fit. You are the party responsible toward your shoppers. You must provide all required notices, obtain any required consent, including for photos of people and any biometric or sensitive data, and comply with privacy and consumer laws where you sell. We process those photos on your behalf and have no liability for shopper claims, including returns and purchase decisions.

Wholesale catalogs

If you use Catalog, you alone are the seller. Prices, stock, orders, payment, delivery, taxes and disputes are between you and your buyers, and Wearly is not a party to those transactions.

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Developer API

Your API key spends your credits, so protect it.

You are responsible for keeping API keys secret and for all usage and credits spent with them, authorized or not. We may set rate limits and change, limit or discontinue the API. These Terms apply to any Generated Content you obtain through the API and to whatever you build with it.

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Help from our team

Our team may work in your account to help you. The final call is always yours.

When you ask for support, onboarding or prompting help, or use managed production, our staff may access your account and content, and may create prompts, recipes, AI models and images in it. Advice and work from our team is provided as is. You remain responsible for reviewing and approving the results and for how you use them.

Enterprise accounts may also be governed by a separate written order. If that order conflicts with these Terms, the order applies on that point, but these Terms’ limits on liability continue to apply unless the order expressly replaces them.

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Third-party services

Wearly relies on other providers, and we do not answer for them.

The Service depends on third parties, including AI model, payment, hosting, messaging and store platform providers. We do not control them and are not responsible for their acts, omissions, outages, price changes or content. A provider may change or withdraw a model or service at any time.

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Wearly’s rights

The platform is ours, and so is anything you suggest we build into it.

Wearly and its licensors own the Service, including its software, models, system prompts, presets, design and branding. These Terms give you only a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing. If you send us feedback, we may use it freely and with no obligation to you. Blog posts, research pages and similar materials are for information only and are not professional advice.

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Disclaimers

The Service comes as is, with no promises.

The Service, Generated Content and all related materials and support are provided “as is” and “as available,” with all faults and without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement and accuracy.

We do not warrant that the Service will be uninterrupted, secure or error-free, that data or content will not be lost, or that any output will be accurate, lawful, non-infringing or suitable for your needs. You use the Service at your own risk.

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No liability

Wearly is not liable for your use of the Service, and above all not for AI-generated content.

To the fullest extent permitted by law, Wearly, its affiliates and their officers, directors, employees, agents, licensors and suppliers (the “Wearly Parties”) will not be liable for any claim, loss or damage of any kind arising out of or related to the Service or these Terms, whether in contract, tort (including negligence), strict liability or any other theory, and even if advised of the possibility.

This includes direct, indirect, incidental, special, consequential, exemplary and punitive damages, and lost profits, sales, revenue, goodwill, data or content, business interruption, and the cost of reshoots, returns, chargebacks or replacement services.

Without limiting the above, the Wearly Parties have no liability whatsoever for Generated Content, including its accuracy, how it represents a product, any infringement of intellectual property or of a person’s likeness or publicity rights, any advertising or consumer protection claim, and any action taken by the Assistant or another AI agent. You accept this risk in full when you use the Service.

Your only remedy if you are dissatisfied with the Service is to stop using it.

If a court or applicable law nevertheless holds any Wearly Party liable despite this section, the total liability of all Wearly Parties for all claims combined will not exceed US$100.

Nothing in these Terms excludes liability or rights that by law cannot be excluded or limited. Where such a law applies, the exclusions in this section apply to the fullest extent that law allows. These limits are an essential basis of our agreement, and we could not offer the Service without them.

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Indemnification

If someone makes a claim because of how you used Wearly, you cover it.

You will defend, indemnify and hold harmless the Wearly Parties from all claims, damages, losses, liabilities, fines, costs and expenses, including reasonable legal fees, arising out of or related to:

• Your use of the Service, including use by your team or through your API keys
• Your Content and Generated Content, including any use or publication of them
• Claims by your customers, shoppers, buyers, models, licensors or any person depicted
• Your violation of these Terms, of any law or of any third party’s rights

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Suspension and termination

Either of us can end this at any time. Download what you need first.

You may stop using the Service and delete your account at any time through your account settings. We may suspend or terminate your account or access, in whole or in part, at any time, including if we believe you broke these Terms or created risk for us or others.

When your account ends, your right to use the Service stops immediately, unused credits are forfeited, no refund is due, and we may delete your content, subject to our Privacy Policy and any legal duty to keep it. Sections that by their nature should survive will survive, including those on AI-generated content, disclaimers, no liability, indemnification and disputes.

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Governing law and disputes

Delaware law and Delaware courts, individually, and within one year.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules. Any dispute arising under them is subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to that jurisdiction.

To the fullest extent permitted by law, you and Wearly waive any right to a jury trial, and any claim must be brought individually and not as part of a class or representative action. Any claim must be filed within one year after it arose, or it is permanently barred.

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Changes and general terms

We may update these terms, and continuing to use Wearly means you accept the update.

We may modify these Terms at any time. We will post the updated Terms on this page and change the “Last updated” date. Continuing to use the Service after that means you accept them.

These Terms, along with any order and our Privacy Policy, are the entire agreement between us on this subject. If any provision is unenforceable, it will be limited only as much as necessary and the rest stays in effect. Not enforcing a provision does not waive it. You may not assign these Terms without our consent, and we may assign them freely. We are not liable for events beyond our reasonable control. The English version of these Terms controls over any translation.

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Contact

Questions about these terms are welcome.

Wearly Technologies Inc., team@wearlyapp.com