Effective Date: December 23, 2024
1. Acceptance of Terms
Welcome to Viastyl! These Terms of Service ("Terms") constitute a legally binding agreement between you and VIASTYL Inc., a federally incorporated company in Canada ("we," "us," or "our"), governing your access to and use of the Viastyl mobile application and related services (collectively, the "Service").
By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
3. Account Registration and Security
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.
4. Description of Service
Viastyl is an AI-powered fashion discovery and wardrobe management platform that provides:
- Digital wardrobe organization and management
- AI-powered outfit recommendations
- Virtual try-on features
- Style discovery and inspiration
- Marketplace product recommendations
The Service uses artificial intelligence and machine learning technologies to analyze fashion items and generate recommendations. While we strive for accuracy, AI-generated results may not always be perfect.
5. User Content
5.1 Your Content
You retain ownership of any photos, images, and other content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing and improving the Service.
5.2 Content Restrictions
You agree not to upload content that:
- Infringes on any third party's intellectual property rights
- Is unlawful, harmful, threatening, abusive, or harassing
- Contains nudity or sexually explicit material
- Promotes violence or discrimination
- Contains malware or harmful code
We reserve the right to remove any User Content that violates these Terms.
6. Virtual Try-On and AI Features
Our virtual try-on and AI-powered features use advanced technology to provide fashion visualization and recommendations. You understand and agree that:
- Virtual try-on images are simulated representations and may not perfectly reflect how items will look in real life
- AI recommendations are suggestions based on algorithms and may not always match your preferences
- Results may vary based on image quality, lighting, and other factors
- We continuously work to improve these features but do not guarantee specific results
7. Marketplace and Affiliate Links
7.1 Third-Party Products
The Service may display products from third-party retailers. We do not sell these products directly and are not responsible for:
- Product quality, availability, or accuracy of descriptions
- Pricing, shipping, or return policies
- Any transactions between you and third-party retailers
- Any issues arising from purchases made through linked retailers
7.2 Affiliate Disclosure
FTC Disclosure: In accordance with the Federal Trade Commission (FTC) guidelines and similar regulations, we disclose that Viastyl participates in affiliate marketing programs. This means we may earn commissions when you click on product links and make purchases from partner retailers. These affiliate relationships do not affect the price you pay.
8. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are owned by VIASTYL Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks, logos, and service marks may not be used without our prior written consent. You may not:
- Copy, modify, or distribute any part of the Service
- Reverse engineer or attempt to extract source code
- Use automated systems to access the Service without permission
- Remove any copyright or proprietary notices
9. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable laws or regulations
- Impersonate any person or entity
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to send spam or unsolicited communications
- Harvest or collect user information without consent
- Use the Service for any commercial purpose without our permission
10. Premium Services and Payments
We may offer premium subscription features in the future. If you subscribe to premium services:
- Payment will be charged to your chosen payment method
- Subscriptions automatically renew unless cancelled before the renewal date
- You may cancel at any time through your app store account settings
- Refunds are subject to the policies of your app store (Apple App Store or Google Play Store)
- We reserve the right to modify pricing with reasonable notice
Current free features are provided as-is and may be modified at any time.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Results from AI features will be accurate or reliable
- Any errors will be corrected
- The Service will meet your specific requirements
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIASTYL INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
In no event shall our total liability exceed the amount you have paid us in the twelve (12) months preceding the claim, or $100 CAD, whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless VIASTYL Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
14. Termination
You may terminate your account at any time by deleting your account through the app settings or by contacting us. We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.
Upon termination:
- Your right to use the Service will immediately cease
- We may delete your account and User Content in accordance with our Privacy Policy
- Provisions that by their nature should survive termination shall survive (including intellectual property, disclaimers, indemnification, and limitations of liability)
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of the Province of Quebec, and you consent to the personal jurisdiction of such courts.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Effective Date." Your continued use of the Service after any modifications constitutes acceptance of the new Terms.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and VIASTYL Inc. regarding the Service and supersede all prior agreements and understandings.
19. Contact Information
If you have any questions about these Terms, please contact us: