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, friend graph, Chat messages, Streak data, and anything shown on Community — promptly, on an expedited basis, 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 create 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 see yourself in different Outfits, Poses, and Backgrounds (“Looks”), including from a curated Daily Drop or What’s Viral collection.

You can also connect with other users as Friends, message them in Chat, build a Streak together, and choose which of your Looks to show on Community. Block and report tools let you control who can contact you and flag content for our review (Section 4.5).

The Service is currently free to use and supported by advertising. Purchasing Credits directly and an ad-free subscription are planned for a future phase and are not yet available; we’ll update these Terms before either 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 creating 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 create, nudity or sexually explicit imagery through the Service. This applies to the photos you submit, the Outfits, Poses, or prompts you request, and anything you send, post, or share in Chat or Community.

4.3 Zero Tolerance for Child Sexual Abuse Material

Any attempt to upload, create, 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, threaten, or impersonate anyone — including in Chat, Community, or anywhere else on the Service
• Post or send hateful, discriminatory, or illegal content
• 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 create, or may remove, output that violates a provider’s policies even if it wouldn’t otherwise violate these Terms.

4.5 Chat, Community, Blocking, and Reporting

Chat and Community are subject to the same rules as the rest of the Service, including Sections 4.1 through 4.4.

• Blocking stops you and another user from messaging each other, seeing each other’s Community Looks, or sending each other Friend Requests, until one of you unblocks. Blocking doesn’t end an existing friendship.
• Reporting lets you flag another user to us for review. We don’t act automatically on a report, and reporting someone doesn’t itself block or restrict them — you can also block them separately if you want to stop contact right away. Reports are confidential.
• We review reports and suspected violations at our discretion, and may warn, suspend, or terminate an account, or remove content, based on that review. We don’t have a duty to act on every report, to act within any particular timeframe, or to share the outcome of our review with the person who filed it.

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 create your personal avatar, the Looks you request, and to operate Chat and Community if you choose to share a resulting Look through them. 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 Create

As between you and Fashually, you own the Looks you create, 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 show it there. 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

• If you show a Look on Community, you grant Fashually a non-exclusive, worldwide license to display that Look, and your associated profile information (name, username, photo), within Community — viewable by anyone, including people without a Fashually account.
• Anyone can view your Community Looks; signed-in users can react to them (heart, thumbs-up, or fire). This version of Community doesn’t include a way for another user to recreate your Look, comment on it, or otherwise reuse your styling or likeness — the license above only covers displaying the Look as you posted it.
• You can revoke this license at any time by removing the Look from Community or by deleting your account. This won’t retroactively remove copies already viewed or saved by others before that point.

5.4 Chat Content

When you send a Look, photo, video, or message to a Friend in Chat, you grant Fashually a limited, non-exclusive license to transmit, store, and display that content to the Friend you sent it to, solely to operate the Chat feature. This license doesn’t give us any right to use your Chat content for marketing, for Community, or for any purpose beyond delivering it to the Friend(s) you chose to send it to.

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, creating 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 rewarded ads (subject to a daily limit), referring other users, and a one-time sign-up bonus. 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.

7. Subscriptions (Coming in a Future Phase)

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. We may also send you push notifications about Service activity and, occasionally, about Fashually generally. See our Privacy Policy for details on how AdMob and push notifications work.

9. Third-Party AI Providers

We use third-party AI providers to create your avatar and Looks — see our Privacy Policy for how we describe them. Your use of the Service is also subject to those providers’ own usage policies, including restrictions on the type of content that can be created. We may decline to create, 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 create (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. SHOP THIS LOOK’S LINKS TO AMAZON, AND THE PRODUCTS, PRICES, AND AVAILABILITY THEY SHOW, ARE SET BY AMAZON AND MAY CHANGE WITHOUT NOTICE. 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, post, or send through Chat or Community (Sections 5.3 and 5.4).

14. Termination

We may suspend or terminate your account for violating these Terms, including based on our review of a report (Section 4.5). 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, 1 New BEL Road, RMV 2nd Stage, Bengaluru, Karnataka 560094 Email: hi@fashually.com