Terms of Service

Last Updated: January 7, 2025

Welcome to Xtylist AI. These Terms of Service ("Terms") govern your use of the Xtylist AI mobile application and website (the "Service") operated by Xtylist AI ("we", "our", or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Eligibility

You must be at least 13 years old (or 16 in the EEA) to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

2. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorized account access.
• One person may not maintain multiple accounts.

3. Subscription Plans

3.1 Free Plan

The free plan includes limited features as described in the app. We reserve the right to modify free plan features at any time.

3.2 Paid Subscriptions

• Premium: €12.99 per month
• Professional: €39.99 per month

Prices are in Euros and may vary by region. Prices are subject to change with notice.

3.3 Billing

• Subscriptions are billed monthly in advance.
• Payment is processed through Stripe.
• Subscriptions automatically renew unless cancelled.
• You can cancel anytime; access continues until the end of the billing period.

3.4 Refunds

Refunds are handled according to applicable law and the policies of your app store (Apple App Store, Google Play). Contact support@xtylistai.com for refund requests.

4. Acceptable Use

You agree NOT to:

• Upload illegal, harmful, or inappropriate content
• Upload images you do not have rights to use
• Harass, abuse, or harm other users
• Impersonate others or create fake accounts
• Attempt to hack, reverse engineer, or exploit the Service
• Use the Service for commercial purposes without authorization
• Scrape, mine, or collect user data
• Circumvent usage limits or subscription restrictions
• Upload malware or malicious content

5. User Content

5.1 Your Content

You retain ownership of content you upload (photos, wardrobe items, outfits). By uploading content, you grant us a license to:

• Store and process your content to provide the Service
• Generate AI-powered recommendations and visualizations
• Display your public posts to other users (community features)

5.2 Content Standards

Uploaded content must not:

• Contain nudity or sexually explicit material
• Depict violence or illegal activities
• Infringe on intellectual property rights
• Contain personal information of others without consent

5.3 Content Removal

We may remove content that violates these Terms without notice. Repeated violations may result in account termination.

6. AI-Generated Content

• AI-generated outfit suggestions and virtual try-on images are for personal use only.
• AI outputs may not be perfectly accurate; use your judgment.
• We do not guarantee specific results from AI features.
• Virtual try-on images are simulations and may differ from real-world appearance.

7. Intellectual Property

• The Service, including its design, features, and code, is owned by Xtylist AI.
• Our trademarks, logos, and branding may not be used without permission.
• You may not copy, modify, or distribute any part of the Service.

8. Third-Party Services

The Service integrates with third-party providers:

• Authentication: Google, Apple Sign-In
• Payments: Stripe
• AI Services: Anthropic (Claude), Google (Gemini)

Your use of these services is subject to their respective terms and privacy policies.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Fitness for a particular purpose
• Accuracy of AI recommendations
• Uninterrupted or error-free operation
• Security of data (though we implement reasonable measures)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTYLIST AI SHALL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Loss of data, profits, or business opportunities
• Damages exceeding the amount you paid us in the past 12 months

11. Indemnification

You agree to indemnify and hold harmless Xtylist AI from claims arising from:

• Your violation of these Terms
• Your content or use of the Service
• Your violation of any third-party rights

12. Termination

• You may delete your account at any time through the app settings.
• We may suspend or terminate accounts that violate these Terms.
• Upon termination, your right to use the Service ends immediately.
• Provisions that should survive termination will remain in effect.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use after changes constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of Germany. Any disputes shall be resolved in the courts of Germany, unless prohibited by your local consumer protection laws.

15. Dispute Resolution

Before filing a legal claim, you agree to attempt to resolve disputes by contacting us at legal@xtylistai.com. We will attempt to resolve issues within 30 days.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xtylist AI regarding the Service.

18. Contact Us

• General: support@xtylistai.com
• Legal: legal@xtylistai.com
• Privacy: privacy@xtylistai.com
• Website: xtylistai.com

Xtylist AI
Your AI-Powered Personal Stylist