Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your access to and use of Fashually, operated by Buena Logica Technologies Private Limited ("Fashually," "we," "us," or "our"). By creating an account or otherwise using Fashually (the "Service"), you agree to these Terms. If you don't agree, please don't use the Service.

These Terms should be read together with our Privacy Policy, which explains what personal data we collect and how we use it. If there's ever a conflict between the two on a privacy question, the Privacy Policy controls; on everything else, these Terms control.

2. Eligibility and Your Account

Age. You must be at least 18 years old to use Fashually. By creating an account, you represent that you meet this requirement. If we learn that an account belongs to someone under 18, we will suspend the account and delete the associated data — including avatar photos, generated Looks, and anything shared to the Community — consistent with our Privacy Policy.

Signing up. You can only create a Fashually account by signing in with your Google Account or Apple ID. We don't support email/password sign-up. You're responsible for keeping that underlying Google or Apple account secure — anyone with access to it can access your Fashually account.

One account per person. You may not create or use more than one account, even to work around credit limits, referral terms, or an account suspension.

Accuracy. You agree to provide accurate information (including your age, height, weight, and location) when creating your profile. This information is used to generate your avatar and personalize your experience — inaccurate information may produce inaccurate results, which we're not responsible for.

3. The Service

Fashually is an AI-powered fashion photoshoot studio. Using photos, measurements, and other information you provide, we generate a personal AI avatar of you, which you can use — along with optional AI model avatars that aren't based on any real person — to visualize yourself in different outfits, poses, and backgrounds ("Looks").

The Service is currently free to use and supported by advertising. Additional features described in these Terms — including Community sharing, purchasing credits, and an ad-free subscription — are planned for a future phase and are not yet available; we'll update these Terms before each one goes live.

See our Privacy Policy for details on what information we collect and how it's used, including the third-party AI providers involved in generating your avatar and Looks.

4. Acceptable Use

4.1 Your Photos Must Be Your Own — Or You Must Have Real Permission

You may only upload a photo of yourself, or of another real person if you have that person's actual, informed permission to use their likeness on the Service. Uploading someone else's photo — an ex-partner's, a stranger's, a public figure's, or anyone else's — without their genuine permission is a serious violation of these Terms, regardless of where you got the photo or whether it's publicly available elsewhere. You're solely responsible for having that permission, and we may require you to demonstrate it if we have reason to doubt it.

4.2 No Nudity or Sexually Explicit Content

You may not upload, or attempt to generate, nudity or sexually explicit imagery through the Service. This applies to the photos you submit and to the outfits, poses, or prompts you request.

4.3 Zero Tolerance for Child Sexual Abuse Material

Any attempt to upload, generate, or request content that sexualizes, exploits, or endangers a minor results in immediate termination of your account, without prior warning and regardless of any other provision in these Terms. We preserve relevant records rather than simply deleting them, and we report such content to the National Center for Missing & Exploited Children (NCMEC) and other appropriate authorities as required or permitted by law.

4.4 Other Prohibited Conduct

You also agree not to:

• Use the Service for any illegal purpose, or to harass, defame, or threaten anyone
• Impersonate another person or misrepresent your affiliation with anyone
• Attempt to reverse-engineer, scrape, or extract the underlying models or technology behind the Service
• Circumvent the credits system, the age requirement, or any account limit or restriction
• Interfere with or disrupt the Service's operation, including through automated means
• Resell, sublicense, or commercialize access to the Service without our prior written permission

Your use of the Service is also subject to the usage policies of our third-party AI providers (Section 9) — we may decline to generate, or may remove, output that violates a provider's policies even if it wouldn't otherwise violate these Terms.

5. Your Content and What You're Granting Us

5.1 Your Photos and Personal Avatar

You retain all rights to the photos you upload. By uploading your selfie and body photos, you grant Fashually a limited, non-exclusive, non-transferable license to use those photos solely to operate the Service — specifically, to generate your personal avatar and the Looks you request. This license isn't perpetual: it ends when you delete the relevant photo or your account, subject to the retention practices described in our Privacy Policy. We will not use your photos for our own marketing, advertising, or promotional purposes without your separate, explicit consent.

5.2 Looks You Generate

As between you and Fashually, you own the Looks you generate, subject to: (a) any rights belonging to an AI model avatar or other licensed content used to create it, (b) our underlying rights in the Service and the technology used to create it (Section 10), and (c) the Community licensing terms below if you choose to share it. You're responsible for how you use, share, or publish a Look outside the Service, including making sure you have the rights to do so.

5.3 Community Sharing and Recreation (Coming in Phase 2)

When our Community feature launches, sharing and recreation will work as follows:

• If you share a Look publicly, you grant Fashually a non-exclusive, worldwide license to display that Look within the Community.
• If you also allow recreation, you grant other users a limited license to use the styling, outfit, and visual composition of your Look as a reference to generate their own new image on their own avatar. This license does not extend to your personal likeness — it does not permit another user to apply your face or body to their own or any other output.
• You can revoke these licenses at any time by unsharing or deleting the Look, or by deleting your account. This won't retroactively remove copies already viewed, saved, or recreated by others before that point.

5.4 Create & Earn Content

When you submit a link to content you've posted on a third-party platform (such as Instagram or YouTube) that tags or features Fashually as part of our Create & Earn program, you grant Fashually a non-exclusive, worldwide, royalty-free license to view, verify, reference, and reshare that content — including on Fashually's own social media accounts, in marketing materials, and within the app (for example, in a "made by our users" feature) — with attribution to you where practical. This license doesn't give us any rights over the platform where you originally posted the content, and you remain responsible for that content under that platform's own terms.

You're responsible for complying with any disclosure requirements that apply to your posts under applicable law or platform rules — for example, using "#ad" or an equivalent disclosure where required because you're being compensated with credits for posting.

Credits earned through Create & Earn are subject to review before being credited to your account. We may decline to award, or may later reclaim, credits associated with content that is fake, reused across multiple accounts, removed shortly after credits are earned, or otherwise submitted to circumvent this program.

5.5 Our Trademarks

"Fashually," our logo, and the "Made with Fashually" tag are our trademarks. Where a Look includes the "Made with Fashually" tag, you may not remove, obscure, or alter it.

6. Credits

What credits are. Credits are a limited, revocable license to use certain features of the Service — specifically, generating a Look. Credits have no cash value, cannot be sold, transferred, gifted, or redeemed for cash or any other currency, and are forfeited if your account is closed or terminated for any reason.

Earning credits. You can currently earn credits by watching ads, referring other users, sharing a generated Look (which carries the "Made with Fashually" tag), and through Create & Earn (Section 5.4). We may change how many credits an activity earns, add or remove ways to earn credits, or discontinue any part of the credits program at any time.

Spending credits. Starting a Look generation places a temporary hold on the required credits. If the generation completes successfully, the held credits are deducted from your balance. If it fails or doesn't complete, the hold is released and the credits remain available — you're not charged for a generation that fails. A generation that completes but doesn't match what you were expecting (for example, an unexpected pose, styling, or likeness) is still a successful generation, and the credit is not released in that case.

Verification and clawback. See Section 5.4 for how this applies specifically to Create & Earn.

7. Subscriptions (Coming in Phase 2)

We plan to offer an optional ad-free subscription in the future. The Service will otherwise remain free to use, supported by advertising (Section 8). When this launches, this section will be updated with pricing, billing cycle, auto-renewal, and cancellation terms, consistent with the Apple App Store's and Google Play's respective subscription requirements.

We also plan to let you purchase credits directly in the future (Section 6). The same applies: this section will be updated with pricing, payment processing, and refund terms before that feature goes live.

8. Advertising

The ad-supported version of the Service is free for all users, and showing ads (through Google AdMob) is how we fund the Service. See our Privacy Policy for details on how AdMob works and what information is involved.

9. Third-Party AI Providers

We use third-party AI providers to generate your avatar and Looks — see our Privacy Policy for the current list. Your use of the Service is also subject to those providers' own usage policies, including restrictions on the type of content that can be generated. We may decline to generate, or may remove, any output that violates a provider's usage policies, even if it wouldn't otherwise violate these Terms.

10. Intellectual Property

Except for the Looks you generate (Section 5.2) and any content you retain rights to under Section 5, Fashually owns the Service — including our software, AI pipelines, trademarks, and all associated intellectual property. You may not copy, modify, reverse-engineer, or create derivative works based on the Service itself.

11. Disclaimers

THE SERVICE, INCLUDING ANY AI-GENERATED OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AI-GENERATED IMAGES MAY BE INACCURATE, UNEXPECTED, OR NOT REFLECT HOW AN OUTFIT WOULD ACTUALLY LOOK OR FIT. WE DON'T GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASHUALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

13. Indemnification

You agree to indemnify and hold Fashually harmless from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms, including uploading a photo of someone without their permission (Section 4.1); (b) your use of the Service in violation of applicable law; or (c) content you submit through Create & Earn (Section 5.4).

14. Termination

We may suspend or terminate your account for violating these Terms. For most violations, we'll generally aim to warn you first — except as described in Section 4.3, which is immediate and without warning by design. You may delete your account at any time; see our Privacy Policy for what happens to your data when you do. On termination, any unused credits are forfeited (Section 6).

15. Changes to These Terms

We may update these Terms from time to time. We'll post the updated Terms with a new "Last Updated" date, and where a change is material, we'll provide additional notice, such as an in-app notification, before it takes effect.

16. Governing Law and Dispute Resolution

These Terms, and any dispute arising from or relating to them or the Service, are governed by the laws of India, without regard to its conflict-of-law principles.

Subject to the paragraph below, the courts of Bangalore, Karnataka have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service, and you consent to that jurisdiction.

If you qualify as a "consumer" under India's Consumer Protection Act, 2019, nothing in this section limits your right to bring a complaint before a consumer forum with jurisdiction over your own location, or otherwise limits any right or remedy available to you under that Act.

Before filing a claim, we'd appreciate the chance to resolve the issue directly — contact us using the details in Section 18.

17. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any feature-specific terms we post, are the entire agreement between you and Fashually regarding the Service.

Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

No waiver. Our failure to enforce a provision isn't a waiver of it.

Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our consent.

Force majeure. We're not liable for delays or failures caused by circumstances beyond our reasonable control.

18. Contact Us

If you have questions about these Terms, contact us at:

Buena Logica Technologies Private Limited

First Floor, Sri Prem Prasad Complex, 1 New BEL Road, RMV 2nd Stage, Bangalore, Karnataka, India 560 094

Email: hi@fashually.com