Terms of Use

These Terms of Use, together with any Order Form, Acceptable Use Policy, Privacy Policy, AI Product Terms, Content License Agreement, and, where applicable, Data Processing Addendum, form a legally binding agreement between you and The F* Word, Inc. ("F*W," "we," "us," or "our") governing your access to and use of our websites, applications, APIs, documentation, and related services that link to or reference these Terms (collectively, the "Service").

By clicking to accept, creating an account, placing an order, or accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The following documents are incorporated by reference:

• Acceptable Use Policy
• Privacy Policy
• AI Product Terms
• Content License Agreement
• Data Processing Addendum, where applicable

1. The Service

THE F* WORD is an AI-powered fashion workflow platform that helps designers, brands, creators, teams, and enterprises generate, iterate, visualize, manage, and commercialize fashion assets and workflows, including sketches, renders, 3D garments, tech packs, virtual try-ons, production materials, and related outputs.

"Licensed Content" means content, templates, software, tools, and other materials that THE F* WORD or its licensors make available through the Service.

"User Content" means any prompts, text, images, files, measurements, briefs, comments, data, inputs, outputs, Designs, and other materials that you upload, submit, connect, import, create, store, or generate through the Service.

2. Eligibility and Registration

You must be at least 13 years old, or the minimum age required to consent to online services where you live, and capable of entering into a binding contract.

If you use the Service on behalf of a company, brand, agency, school, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" includes both you and that organization.

You agree to provide accurate, current, and complete registration information and to keep it updated. You may not create an account using false information, a false identity, or on behalf of another person without authorization.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Each login is personal to the assigned user unless your plan expressly permits otherwise. You must promptly notify us of any unauthorized use of your account or other security incident.

You agree to receive service-related notices electronically, including by email, account notification, or in-product message.

If your account uses an email domain controlled by an employer or other organization, or if your account is purchased, managed, or administered by an organization, we may recognize that organization as the account owner or administrator and may provide administrative control or access consistent with that relationship and applicable law.

3. Plans, Access, and Commercial Use

4. License to Use the Service

Subject to these Terms and payment of applicable fees, THE F* WORD grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription term and only for your internal business or personal use, depending on your plan.

You will follow our reasonable instructions, documentation, and product guidance when using the Service.

You will not, and will not permit any third party to:

• copy, reproduce, distribute, republish, sell, lease, sublicense, or exploit the Service except as expressly permitted by us
• frame or mirror the Service or any part of it
• modify, adapt, translate, disassemble, decompile, reverse engineer, or attempt to derive source code, underlying models, or non-public components of the Service, except to the extent this restriction is prohibited by law
• scrape, crawl, spider, harvest, download, or extract data from the Service except through expressly authorized APIs or features
• remove, alter, or obscure copyright, trademark, or other proprietary notices
• bypass, disable, or interfere with security, authentication, access controls, rate limits, or usage restrictions
• upload malware or harmful code
• use the Service to build, benchmark, train, validate, or improve a competing product or service
• use Licensed Content, except as expressly permitted, to train or fine-tune any external AI or machine learning model
• use the Service in violation of law, third-party rights, or our Acceptable Use Policy

Unauthorized use automatically ends the license granted under these Terms.

5. Fees, Billing, Renewal, and Cancellation

Some features require payment. Fees are payable in advance unless otherwise stated in an Order Form.

If you purchase a subscription, it will automatically renew for successive billing periods unless you cancel before renewal. By purchasing, you authorize us or our payment processor to charge the payment method on file for the applicable fees, taxes, and other disclosed charges.

You may cancel online through your account settings or another online cancellation method we make available. Unless otherwise stated, cancellation takes effect at the end of the current billing period, and you keep access until then.

Fees are exclusive of taxes unless stated otherwise. You are responsible for taxes, duties, levies, or similar charges, other than taxes on our net income.

We may change prices, plans, or included features from time to time. If a material change affects your paid plan, we will give notice before it takes effect at renewal. If you do not agree, you may cancel before the new pricing or change takes effect.

Trials and promotional offers may be subject to additional terms. Unless stated otherwise, a trial converts to a paid subscription if you do not cancel before the trial ends.

Payments are non-refundable except as required by law or expressly stated in writing.

If payment fails or your account is overdue, we may suspend or terminate access to paid features.

6. Beta and Experimental Features

We may offer beta, preview, alpha, or experimental features from time to time. These features are provided as-is, may be changed or discontinued at any time, and may not have the same reliability, support, availability, or security standards as generally available features.

7. Ownership and User Content

As between you and F*W, and subject to any rights in Licensed Content or third-party materials incorporated into your User Content, you retain your rights in your User Content.

THE F* WORD and its licensors own all right, title, and interest in and to the Service, including the software, models, interfaces, workflows, documentation, trademarks, and Licensed Content. Except for the limited rights expressly granted to you, no rights are transferred.

You are solely responsible for your User Content and for your use of outputs, Designs, and other materials generated through the Service. You represent and warrant that you have all rights, licenses, permissions, notices, and lawful bases needed to upload, submit, connect, generate, use, and commercialize your User Content.

You grant THE F* WORD and its service providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, display, adapt, process, and otherwise use your User Content solely as necessary to provide, maintain, secure, support, and improve the Service, enforce these Terms, and comply with law.

For free individual accounts only, and only where stated in the applicable product experience, AI Product Terms, or Privacy Policy, you also grant THE F* WORD the right to use User Content and related outputs for internal model improvement, product improvement, promotion within the Service, and related internal operations.

For paid plans, including any plan used by a brand, business, agency, studio, team, or enterprise customer, we do not use your private User Content, prompts, uploads, files, outputs, Designs, or customer data to train, fine-tune, or improve AI or machine learning models unless you expressly opt in in writing.

We may remove or refuse content that violates these Terms, the Acceptable Use Policy, applicable law, or third-party rights.

We are not obligated to store or retain User Content for any minimum period unless required by an Order Form or applicable law. You should maintain your own backups.

8. AI Outputs and Content Review

Outputs generated by AI may be inaccurate, incomplete, unavailable, not unique, or unsuitable for your intended use. Similar outputs may be generated for other users.

You are responsible for reviewing, validating, and approving all outputs before using them for design, manufacturing, marketing, commercial launch, customer use, legal clearance, or any other purpose.

THE F* WORD does not represent or warrant that outputs will be accurate, unique, non-infringing, merchantable, or fit for a particular purpose.

9. Customer Name and Logo Use

If you create an account, sign up, or use the Service on behalf of a company, brand, agency, or other organization, you grant F*W a limited, non-exclusive, royalty-free license during the active customer relationship to use that organization's name, logo, and trademarks solely to identify the organization as a customer or user of F*W on our website, customer lists, sales materials, investor materials, and similar factual marketing collateral.

This license is limited as follows:

• we will use your name and logo only in a factually accurate way
• we will not imply endorsement, sponsorship, partnership, or approval beyond the existence of a customer relationship
• we will follow any reasonable written brand guidelines you provide
• we will not publish a testimonial, quote, case study, press release, or co-marketing campaign using your brand without your prior written consent
• we will stop future use within a commercially reasonable period after written opt-out, except for materials already printed, archived, or in circulation
• this section does not apply if an Order Form, NDA, or other written agreement prohibits logo use

You represent that you have authority to grant this license on behalf of the organization.

10. Third-Party Services

The Service may interoperate with third-party services, payment processors, integrations, plug-ins, platforms, fulfillment providers, print-on-demand partners, or other third-party products. Your use of those third-party services is governed by their own terms and policies. THE F* WORD is not responsible for third-party services.

If the Service enables manufacturing, print-on-demand, fulfillment, or shipping workflows through third parties, THE F* WORD is not the vendor, manufacturer, shipper, or vendor of record unless we expressly say so.

11. Privacy and Data Processing

Our Privacy Policy explains how we process personal data as a controller. Where we process personal data on your behalf as a processor, the Data Processing Addendum applies where incorporated by an Order Form or otherwise agreed in writing.

If there is any conflict between these Terms and the Privacy Policy or DPA solely on the subject of personal data processing, the Privacy Policy or DPA controls to the extent of that conflict.

Nothing in these Terms limits our use of service telemetry, logs, billing data, support records, security data, aggregated data, or deidentified data to provide, secure, monitor, and improve the Service, so long as that use remains consistent with the Privacy Policy and applicable law.

12. Investigations and Enforcement

If we believe that you may have violated these Terms, the Acceptable Use Policy, or applicable law, we may investigate, suspend or limit access, remove content, or terminate your account.

We may preserve or disclose information if we believe it is reasonably necessary to comply with law, respond to lawful process, enforce these Terms, detect or prevent fraud, abuse, or security issues, or protect F*W, users, or third parties.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, LICENSED CONTENT, OUTPUTS, BETA FEATURES, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS.

THE F* WORD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE F* WORD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, F*W'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• USD $100, or
• the amount you paid to THE F* WORD for the Service in the 12 months before the event giving rise to the claim

Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless F*W, its affiliates, officers, directors, employees, contractors, and agents from and against third-party claims, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your User Content
• your use of the Service
• your violation of these Terms, the Acceptable Use Policy, or applicable law
• your infringement, misappropriation, or violation of any third-party rights
• your commercial use, sale, distribution, manufacture, or deployment of outputs or Designs created through the Service

16. Suspension and Termination

We may suspend or terminate your access immediately if:

• you breach these Terms or the Acceptable Use Policy
• your use creates legal, security, or operational risk
• payment is overdue
• we are required to do so by law or government request

You may stop using the Service at any time. Cancellation of paid subscriptions is governed by Section 5.

Upon termination, your right to use the Service ends immediately. Subject to applicable law, our retention practices, and any Order Form, we may delete your account, User Content, and related data after termination.

We are not liable to you for suspension or termination of your account, including deletion of User Content, except as required by law or expressly stated in a written agreement.

Sections that by their nature should survive will survive, including ownership, licenses, disclaimers, limitations of liability, indemnity, dispute resolution, and payment obligations.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, excluding its conflict of laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of any arbitration provision.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association, unless either party brings an eligible claim in small claims court.

Arbitration may be conducted remotely or, if required, in San Francisco County, California.

To the maximum extent permitted by law, you and THE F* WORD agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated, representative, or private attorney general action.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement, confidentiality violations, or data-security breaches.

If you are a consumer residing in a jurisdiction with mandatory consumer protections, nothing in these Terms limits any non-waivable rights or remedies you may have under applicable law.

18. Export Controls

You may not use, export, re-export, or transfer the Service except as authorized by United States law and other applicable export control and sanctions laws. You represent that you are not located in, under the control of, or a national or resident of a prohibited jurisdiction and are not on any restricted party list.

19. Changes to the Service or Terms

We may change, update, suspend, or discontinue any part of the Service at any time.

We may modify these Terms from time to time. If we make a material change, we will provide notice as required by law or by the applicable plan or Order Form. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

20. Miscellaneous

These Terms and the documents incorporated by reference are the entire agreement between you and THE F* WORD regarding the Service and supersede prior or contemporaneous understandings relating to the Service, except for any separate written agreement signed by both parties.

If there is a conflict between these Terms and an Order Form or signed enterprise agreement, the Order Form or signed agreement controls to the extent of the conflict.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.

If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be enforced to the maximum extent permitted.

Failure to enforce any provision is not a waiver.

We respect intellectual property rights and may respond to notices of alleged infringement in accordance with applicable law and our policies.

21. Contact

The F* Word, Inc.

1461 Acton Crescent, Berkeley CA 94702- 191

support@thefword.ai

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.