Digimirror

Welcome to DigiMirror! These Terms of Service ("Terms") govern your access to and use of the DigiMirror web application, website, and related services (collectively, the "Service") operated by "Us".

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, REGISTERING AN ACCOUNT, OR CLICKING "I AGREE" (OR SIMILAR), YOU AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

You represent that you are lawfully able to enter into contracts and are of legal age to form a binding contract and make online purchases in your jurisdiction. You also represent that your use of the Service is permitted under the laws of your local jurisdiction.

1. Description of Service

DigiMirror provides a platform allowing users to upload two images – one depicting a person and one depicting an item of clothing – to generate a new image visualizing the person wearing the clothing. This generation process utilizes a third-party Artificial Intelligence (AI) service provider. An optional feature allows users to attempt to extract clothing from an image of a clothed person to potentially improve the accuracy of the main generation process. The primary goal is to provide a digital preview ("Service").

2. Third-Party Services

Advertisement
The Service may display advertisements and promotions from third parties, such as Google AdSense. Your interactions with these advertisers, including correspondence, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Service.
Links to third-party websites or resources, including those accessed via advertisements, do not imply any endorsement by Us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services available from them.
DISCLAIMER: This includes any warranties regarding the accuracy, suitability, or content of advertisements displayed on the Service.
AI Reliance
- Core Functionality: You acknowledge and agree that the core image generation functionality of the Service relies entirely on a third-party AI service provider ("AI Provider").
- Data Transfer: By using the Service, you explicitly consent to the transfer of your uploaded images ("User Content") to this AI Provider solely for the purpose of processing your generation request.
- AI Provider's Terms & Data Use: The AI Provider's own terms of service and privacy policy govern their processing of the images. You understand that the AI Provider may use the images you submit through our Service to improve their own services, as per their policies. While We have selected a globally recognized and secure provider, We are not responsible for the AI Provider's data handling practices, security, terms, or actions. We encourage you to review the AI Provider's policies.
- Output Nature: AI generation is inherently unpredictable. The AI Provider may sometimes refuse to generate images based on its own safety protocols or content restrictions. We have no control over this.
Disclaimer: WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO THE ACTIONS, OMISSIONS, OUTPUTS, FAILURES, DATA USE, SECURITY PRACTICES, OR TERMS OF THE AI PROVIDER. YOUR USE OF THE IMAGE GENERATION FEATURE IS AT YOUR OWN RISK REGARDING THE AI PROVIDER'S INVOLVEMENT.

3. Data Usage for Service Improvement and Trend Analysis

Improving and optimizing our virtual try-on service and underlying technology.
Analyzing aggregated fashion trends.
Generating anonymized reports and insights about general clothing preferences.
This data is always anonymized and aggregated, meaning it is not linked to you personally and cannot be used to identify you. Your use of the service helps contribute to these anonymous insights, allowing us to enhance the experience for all users and understand the fashion landscape better. Please review our Privacy Policy for comprehensive details on our data practices.

4. User Accounts

Registration: To purchase and use Credits (defined below) beyond the Free Trial, you must register for an account. You agree to provide accurate, current, and complete information during registration, including a valid email address (which requires confirmation), a username, and a password.
Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
Age Requirement: You must be of legal age to form a binding contract and make online purchases (e.g., using PayPal) in your jurisdiction to create an account and purchase Credits. By creating an account, you represent that you meet this requirement.

5. Free Trial

Offer: We may offer new users a one-time free trial consisting of a limited number of Credits (e.g., 3 Credits) to use the Service's generation features without registration. The functionality during the Free Trial is identical to the paid version.
Abuse Prevention: To prevent abuse, We employ technical measures (which may include browser/device fingerprinting as detailed in our Privacy Policy) to limit the Free Trial offer, typically to one per user or device. Attempts to circumvent these limits are prohibited.
Consequences of Abuse: If We determine, in Our sole discretion, that you have abused or attempted to abuse the Free Trial offer, We reserve the right to immediately block your access to the Service, terminate any associated accounts, prevent future registration, forfeit any purchased Credits without refund, and ban you from all aspects of the Service.

6. User Content

Responsibility: You are solely responsible for the images you upload to the Service ("User Content").
Representations and Warranties: You represent and warrant that:

You own or have all necessary rights, licenses, consents, and permissions to upload the User Content and grant Us the licenses required herein.
The User Content does not infringe upon, violate, or misappropriate any third-party right, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
The User Content complies with our Acceptable Use policy (Section 9) and is not illegal, hateful, defamatory, obscene, or otherwise objectionable according to applicable laws and community standards. You specifically agree not to upload any illegal or extremely immoral data.
If the User Content depicts identifiable individuals, you have obtained their explicit consent (or parental/guardian consent if a minor, where legally permitted and appropriate for the service) to use their image in this manner.

License Grant: You grant Us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, and temporarily process your User Content for the purpose of providing the Service to you, including transmitting it to the AI Provider for generation. This license terminates upon completion of the processing required for your generation request.
License Grant for Anonymized Data: While you retain ownership of any original images you provide (subject to any separate terms regarding user content), you grant Digimirror a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, analyze, aggregate, create derivative works from, and otherwise exploit the anonymized and aggregated data derived from your use of the service (including the AI-extracted clothing attributes and interaction patterns) for the purposes outlined in our Privacy Policy, including service improvement, trend analysis, and the creation of anonymized reports and insights. This license specifically excludes any right to use your original images or any personally identifiable information for these purposes.
Storage: WE DO NOT STORE YOUR UPLOADED USER CONTENT ON OUR SERVERS beyond the transient time required for processing the generation request via the AI Provider. Uploaded images needed for subsequent operations within your session may be stored locally in your browser's storage. You are solely responsible for maintaining and safekeeping your original User Content.

7. Generated Content

Ownership: Subject to your ownership of the underlying User Content and compliance with these Terms, and based on the terms provided by our AI Provider, you own the rights to the specific images generated by the Service directly from your User Content ("Generated Content"). The AI Provider's terms permit commercial use of such Generated Content.
Responsibility & Disclaimer: You are solely responsible for your use of the Generated Content. AI generation can be unpredictable and may produce unexpected, inaccurate, or potentially problematic results. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, SUITABILITY, LEGALITY, OR NON-INFRINGEMENT OF THE GENERATED CONTENT. You use the Generated Content at your own risk.
Storage: WE DO NOT STORE THE GENERATED CONTENT ON OUR SERVERS. Generated Content is delivered to you and may be stored locally in your browser's storage during your session. You are solely responsible for saving, downloading, and safekeeping any Generated Content you wish to retain.

8. Credits System

Usage: Accessing the image generation feature requires Credits. Registered users can purchase Credits.
Definition: One (1) Credit entitles you to initiate one (1) image generation request. A Credit is deducted only upon the successful return of a Generated Image to you by the Service. If a verifiable technical failure on Our servers prevents the delivery of a Generated Image after you initiate the request (and before deduction), the Credit will not be deducted. Credits are not consumed due to unsatisfactory results, user-side internet connection issues preventing receipt, or errors originating solely from the AI Provider after the request was successfully processed by Us.
Purchase: Credits can be purchased through the Service via PayPal. Pricing is displayed on the Pricing page and is subject to change at Our discretion for future purchases.
No Expiration: Purchased Credits do not expire.
Non-Transferable & No Cash Value: Credits are non-transferable, have no cash value, and cannot be redeemed for cash or refunded except as explicitly stated in the Refund Policy (Section 8).

9. Payments and Refund Policy

Payment Processor: All payments for Credits are processed through PayPal. By making a purchase, you agree to PayPal's terms and privacy policy. We do not collect or store your full financial information (like credit card numbers). We are not responsible for any errors, fees, or data handling issues caused by PayPal.
Authorization: You authorize Us (through PayPal) to charge your selected payment method for the Credits purchased.
Taxes: You are responsible for any applicable sales or use taxes associated with your purchase of Credits.
REFUND POLICY:

General Policy: Due to the nature of the Service and the inherent unpredictability of AI generation, Credits that have been used to generate an image are NON-REFUNDABLE, regardless of your satisfaction with the Generated Content. You accept this risk when using a Credit.
Unused Credits: Generally, refunds are not provided for unused Credits. Any exceptions are at Our sole discretion and may be subject to processing fees.
Service Failure: In the event of a verifiable technical failure on Our end that consumes a Credit without returning a Generated Image (as defined in Section 7), the Credit will not be deducted or may be restored upon verification.
PayPal Disputes: While payment processing and refund transactions occur via PayPal (including notifications via webhooks if a refund is approved by Us according to this policy), this Refund Policy governs your eligibility for a refund from Us. Initiating chargebacks considered abusive or in violation of this policy may result in account termination and forfeiture of all remaining Credits.
Abuse/Termination: No refunds will be issued for Credits forfeited due to violation of these Terms, including Free Trial abuse or account termination.

10. Acceptable Use Policy

You agree not to use the Service to:

Upload, generate, or transmit any User Content or request Generated Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, excessively violent, hateful, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation, or age), or otherwise objectionable.
Violate any applicable local, state, national, or international law or regulation.
Infringe upon any intellectual property rights (copyrights, trademarks, patents) or other proprietary rights of any party.
Violate the privacy or publicity rights of any third party.
Upload content depicting identifiable minors inappropriately or without verifiable parental/guardian consent.
Attempt to harm, disrupt, or gain unauthorized access to the Service, Our servers, networks, user accounts, or the systems of the AI Provider.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
Use any automated means (bots, scrapers) to access the Service, except potentially via official APIs if We offer them.
Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
Misrepresent your identity or affiliation with any person or entity.
Attempt to abuse or circumvent the Credits system or Free Trial limitations.

We reserve the right to investigate violations, remove content, suspend or terminate accounts, and take appropriate legal action in Our sole discretion.

11. Intellectual Property

Our Service: We own all rights, title, and interest in and to the Service itself, including its code, design, graphics, and overall look and feel, excluding User Content and Generated Content (subject to Section 6).
User Content & Generated Content: You retain ownership of your User Content. You own the Generated Content subject to Section 6 and the AI Provider's terms.
Feedback: If you provide Us with feedback or suggestions regarding the Service, you grant Us an unlimited, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE (INCLUDING GENERATED CONTENT) WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU ACKNOWLEDGE THE INHERENT UNPREDICTABILITY OF AI AND AGREE THAT WE ARE NOT RESPONSIBLE FOR UNSATISFACTORY, UNEXPECTED, OR OBJECTIONABLE GENERATED CONTENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING THE AI PROVIDER; (D) ANY USER CONTENT OR GENERATED CONTENT; (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US FOR CREDITS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Us and Our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys fees) arising from or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party, including intellectual property or privacy rights; or (e) your violation of any applicable laws or regulations.

15. Termination

By You: You may terminate your account at any time by contacting Us or using account deletion features if available.
By Us: We reserve the right, in Our sole discretion, to suspend or terminate your account and access to the Service at any time, for any reason or no reason, including, but not limited to, violation of these Terms, abusive behavior, fraudulent activity, or prolonged inactivity, without prior notice or liability to you.
Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. Any unused Credits will be forfeited without refund unless We decide otherwise in Our sole discretion or as required by law. Sections concerning Third-Party AI, User Content Responsibility, Generated Content Ownership/Disclaimers, IP Rights, Disclaimers of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and Miscellaneous will survive termination.

16. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the law, without regard to its conflict of law principles.
Dispute Resolution: Any dispute arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in the corresponding country, and you consent to the exclusive jurisdiction of these courts.
Contact for Disputes: For initial dispute resolution or legal compliance inquiries, please contact Us via the information provided on Our Contact Page.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If We make material changes, We will notify you by posting the revised Terms on the Service, updating the "Last Updated" date, or potentially by sending an email to the address associated with your account. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

18. Miscellaneous

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Us regarding the Service and supersede all prior agreements or understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
Contact Information: For questions about these Terms, please contact Us through the information provided on Our Contact Page or at [[email protected]].

Terms of Service