Terms of Use
Effective Date: July 04, 2025
These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “your”) and The F* Word Inc. (“F*W,” “we,” “us,” or “our”) governing your access to and use of our websites (including www.thefword.ai), mobile/desktop applications, APIs, documentation, and any other services that link to or reference these Terms (collectively, the “Service”). By accessing or using the Service, you accept these Terms and all policies incorporated by reference. If you do not agree, do not use the Service.
The following policies are expressly incorporated:
Acceptable Use Policy (“AUP”)
Privacy Policy
Content License Agreement
AI Product Terms
Data Processing Addendum (“DPA”)
1. OVERVIEW
F*W is an AI‑powered platform that enables designers, brands, and creators to generate, iterate, visualize, and commercialize fashion assets—2‑D sketches, 3‑D garments, tech packs, virtual try‑ons, NFT‑ready files, and print‑on‑demand outputs (“Designs”).
“Licensed Content” means assets we or our licensors provide.
“User Content” means anything you upload, import, or create using the Service.
2. ELIGIBILITY & ACCOUNT ADMINISTRATION
2.1 Age & Capacity
You must be at least 13 years old (or the minimum digital‑consent age where you live) and able to form a binding contract.
2.2 Managed Email / Admin Entity
If you register with an email controlled by an employer, school, or other organization (“Admin Entity”), you represent that you have authority to bind that entity, and “you” includes both you and the Admin Entity. At the Admin Entity’s request we may share account details with, or transfer account control to, the Admin Entity.
2.3 Teams & Seats
A “Team” groups multiple user seats under one subscription. The creator is the “Team Owner.” Team Owners or appointed administrators (“Admins”) may add or remove seats, manage permissions, access or re‑assign Designs and User Content, and are responsible for all activity on the Team account.
2.4 Unique Credentials
Each person must maintain a unique login. You are responsible for all actions under your credentials and must keep them secure.
3. PLANS, VISIBILITY & COMMERCIAL RIGHTS
Free Plan – Content created on a free account is public by default and may be viewed, remixed, or featured across the Service. Free‑tier content is for personal, non‑commercial use only.
Paid Plans (Pro, Enterprise) – Content is private by default and you receive a commercial license to use your Designs for product sales, client work, marketing, NFTs, and similar monetized purposes, subject to the Content License Agreement.
If you require privacy or commercial rights, upgrade to a paid plan.
4. LICENSE & ACCEPTABLE USE
We do not sell, trade, or share your personal information with advertisers or unrelated third parties.
4.1 License Grant
Subject to these Terms, F*W grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Service in accordance with your subscription tier.
4.2 Acceptable Use & Restrictions
You must comply with the AUP. Without limitation, you shall not:
copy, reverse‑engineer, or create derivatives of the Service;
offer the Service on a service‑bureau or time‑sharing basis;
train or fine‑tune external AI models on Licensed Content without written consent;
upload malware, scrape, mine, or harvest data;
use the Service to discriminate or harass;
circumvent security or access‑control mechanisms.
Violation may lead to suspension or termination (§ 13).
5. SUBSCRIPTIONS, BILLING & AI TOKENS
5.1 Auto‑Renewal
Paid plans renew automatically on the cadence selected. We will send a renewal reminder at least three (3) days before your billing date.
5.2 Fees & Taxes
Prices are listed in the checkout currency and include applicable taxes unless noted. Payments are non‑refundable except as required by law.
5.3 Trials & Promotions
Trials convert to paid plans unless canceled before the trial ends. Promotional terms override these Terms only for the promo duration.
5.4 Price Changes
We may change prices with thirty (30) days’ prior notice; new prices apply at your next renewal.
5.5 AI Tokens
AI tokens credited to your account do not expire unless a specific promotion states otherwise. Tokens roll over between billing cycles and can be used at any time to generate Designs or run simulations.
6. INTELLECTUAL PROPERTY & CONTENT
6.1 User Content Ownership and License
You retain all rights in your User Content. You grant F*W and its sub processors a worldwide, royalty‑free license to host, reproduce, process, and display User Content solely to operate, improve, or promote the Service.
Free Plan – Your User Content is public and may be remixed or featured by F*W.
Paid Plans – Your User Content remains private unless you share it.
6.2 Licensed Content
Use of Licensed Content is governed by the Content License Agreement; certain assets carry additional restrictions (e.g., print‑only).
6.3 AI Outputs
Outputs generated via AI functionality are treated as User Content (subject to underlying Licensed Content restrictions). Similar outputs may be created for other users.
6.4 Feedback
You irrevocably assign to F*W all rights in feedback or suggestions you provide.
7. SHARING & PUBLISHING DESIGNS
You may publish or share Designs within the Service, via third‑party platforms, or by link. You are solely responsible for how and with whom you share. Sharing Designs publicly does not affect private status for paid accounts unless you explicitly publish them.
8. PRINT‑ON‑DEMAND & FULFILLMENT
The Service may connect you with third‑party print‑on‑demand partners. Orders are subject to partner fees, taxes, delivery times, and terms. F*W is not the vendor of record and disclaims responsibility for print errors, fulfillment delays, or shipping issues.
9. DATA PRIVACY
9.1 Data Handling
You control the data you upload. While we employ reasonable technical and organizational safeguards, you are encouraged to maintain independent backups.
9.2 Privacy Policy & DPA
Our Privacy Policy describes how we process personal data as a controller. When we act as a processor on your behalf (e.g., collecting customer measurements), the DPA applies and is incorporated herein.
9.3 AI Training Opt-out
To improve the accuracy, quality, and brand-specific capabilities of our AI, F*W may use User Content to train our internal models only.
Fashion Explorer and Fashion Pro Plans: Model training is enabled by default, but you may disable it at any time by getting in touch with us at support@thefword.ai
Enterprise Plans: Model training is disabled by default. It will only be enabled with explicit written consent from the customer.
We never share User Content with external models, external datasets, or third-party training pipelines.
10. THIRD‑PARTY SERVICES
Integrations with third‑party websites, apps, or wallets (“Third‑Party Services”) are offered for convenience. Your use of Third‑Party Services is governed by their terms; F*W disclaims all liability arising therefrom.
11. WARRANTY DISCLAIMER
THE SERVICE, LICENSED CONTENT, AND ALL FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, F*W DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE.
12. LIMITATION OF LIABILITY
F*W’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS DO NOT APPLY TO GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR YOUR INDEMNITY OBLIGATIONS.
13. INDEMNIFICATION
You will defend, indemnify, and hold harmless F*W, its affiliates, officers, directors, employees, and agents from any third‑party claim arising out of (a) your User Content, (b) your breach of these Terms, or (c) your violation of law, including reasonable attorneys’ fees.
14. Third-Party Rights in Generated Content
FW does not represent or warrant that any content generated through the Services (“Generated Content”) will be free from the rights of third parties, including but not limited to copyrights, trademarks, trade dress, design rights, or rights of publicity. You acknowledge and agree that you are solely responsible for evaluating and, if necessary, obtaining all rights, licenses, or permissions for any use of Generated Content outside the Services. FW disclaims all liability for any claims arising from your use of Generated Content in a manner that infringes or misappropriates the rights of any third party.
14. TERM, SUSPENSION & TERMINATION
14.1 Term
These Terms remain in effect until terminated.
14.2 Suspension/Termination
We may suspend or terminate your access immediately for any AUP breach, non‑payment, or legal risk.
14.3 Effect
Upon termination, your license ends and access ceases. We may delete data 30 days after termination. If we terminate for convenience, we will refund unused prepaid fees on a pro‑rata basis.
14.4 Survival
Sections 6, 9–18 survive termination.
15. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law rules. Any dispute will be resolved by confidential, individual arbitration under the American Arbitration Association Commercial Rules via videoconference. Class‑action and jury‑trial waivers apply. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual‑property or data‑security breaches.
16. EXPORT & SANCTIONS COMPLIANCE
You must comply with all applicable export‑control and sanctions laws. You may not use the Service in embargoed regions or for prohibited end users.
17. CHANGES TO TERMS OR SERVICE
We may modify these Terms or the Service. Material changes take effect thirty (30) days after we notify you by email or in‑product. Continued use after the effective date constitutes acceptance.
18. MISCELLANEOUS
Entire Agreement – These Terms and incorporated policies are the entire agreement and supersede prior agreements.
Severability – If any provision is unenforceable, the remainder remains in effect.
Waiver – Failure to enforce any provision is not a waiver
Notices – Legal notices to F*W: Legal Dept., 251 Littlefield Ave, San Francisco CA 94107, USA; legal@thefword.ai. Notices to you will be sent to the email associated with your account.
Headings – Headings are for convenience only and do not affect interpretation.
DMCA – We respect intellectual‑property rights and respond to DMCA‑compliant notices (see Intellectual Property Policy).
19. CONTACT
Questions? Email support@thefword.ai or visit our Help Center.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.