This website is operated by xFashion Sdn Bhd (“xFashion”, “we,” “us,” or “our”). These Terms of Use (“Terms of Use” or “Terms”) govern your access to and use of the xFashion website (“Site”) to view and purchase the Product (as defined below) (“Service”).

“Product” means a digital fashion item or outfit which can be applied to your pictures via augmented reality technology.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE.

1. You represent that you are of legal age in your country of residence to enter into a binding agreement and are legally responsible for your use of the Site.
2. Access to, or use of, the Service by anyone who is under the age of 13 years old is strictly prohibited and in violation of these Terms, unless such access or use is supervised by a parent or legal guardian (“Parent”) who: (a) has read and understands these Terms; (b) approves all rights granted and all obligations undertaken; and (c) agrees to be bound by these Terms. If you are a Parent of a user who is under the age of 13 years old, then, by allowing such user to access or use the Service, you are subject to these Terms and responsible for such user’s activity on the Service. With respect to the Parent of such a user, “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means “the Parent, on behalf of the Parent and the user under the age of 13 years old,” and “your” has the corresponding meaning.
3. If you are using the Service on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you.

1. Except as set forth in these Terms, or as otherwise approved by us, the Service is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
2. You understand that Your Content (as defined below) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks using Secure Sockets Layer (SSL) to establish an encrypted link between the server and the client. The SSL certificate and methodology is handled by Stripe Inc https://stripe.com/.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
4. A breach or violation of any of these Terms will result in the immediate termination of your Service.
5. We reserve the right to refuse access to or use of the Service to anyone for any reason at any time.
6. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. You agree to use the Service in a lawful and responsible manner.
2. You agree not to use the Site for any unauthorized or illegal purposes, including but not limited to:
   • transmitting any harmful, threatening, defamatory, obscene, or offensive content;
   • interfering with or disrupting the Site or the servers or networks connected to the Site; and
   • attempting to gain unauthorized access to the Site or any portion thereof.
3. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
4. You agree to provide us with accurate and up to date information (including registration information). You must not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.
5. You agree to be solely responsible for Your Content you upload or submit to the Site. If you provide the images of the other people, then you must have the right to use them and provide them for our usage. You take full responsibility for any claims that may arise from a person or people that appear in any photo(s) that you used and provided for our usage.
6. You agree not to infringe or violate the intellectual property rights of xFashion or any third party including not to buy, sell or transfer any aspect of the Service Content (as defined below) or Content of other users or solicit, collect, or use login credentials or Content of other users.

1. We reserve the right, but are not obligated, to limit the sales of our Product or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
2. We reserve the right to limit the quantities of any Product or Service that we offer. All descriptions of Product pricing are subject to change at any time without notice, at our sole discretion.
3. We reserve the right to discontinue any Product at any time.
4. Any offer for any Product or Service made on this Site is void where prohibited.
5. We do not warrant that the quality of any Product, Service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

1. We are not responsible if information made available on the Service is not accurate, complete or current.
2. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
3. Any reliance on the material on the Service is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
4. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to the Service.

1. Prices for our Products are subject to change without notice.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
3. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
4. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5. We may also, in the future, offer new services and features through the Site (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms.

1. Certain Content and Services available via the Site may include materials from third parties.
2. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
4. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
5. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

1. You agree that all material, including information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Service or otherwise made available by us in connection with the Service (collectively, “Service Content”) is owned by us and our licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.
2. Except as expressly authorized by us in writing or solely as necessary for your use of the intended functionality of the Service, you agree not to sell, license, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Service Content or post any Service Content on any other website or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Service Content for your own personal informational or record-keeping purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without our express prior written permission. You shall use the Service Content only for purposes that are permitted by these Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
3. All data, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, work of authorship or information, comments, feedback, opinions, postings, messages, files, e-mail, data or other materials presented on your profile or otherwise uploaded to the Service by you is “Your Content.” As between us and you, you (or your licensors) will own any and all of Your Content. For an account for a company or entity, we may assume, in our sole discretion, that all of Your Content belongs to that company or legal entity.
4. Subject to your compliance with these Terms, you may use your output of the Service (“Output”) for any lawful purpose (except as set forth in these Terms), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Service and the Output does not transfer to you ownership of any intellectual property rights in the Service and that (ii) we may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models.
5. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access Your Content and your Output through the Service, and to use, reproduce, distribute, display and perform Your Content and your Output, which you make available to such user through the Service. You further grant, and you represent and warrant that you have all rights necessary to grant, to us, under all of your intellectual property rights, a perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to host, use, run, copy, store, modify, distribute, reproduce, adapt, publish, publicly perform, translate, list information regarding, make derivative works of, and display Your Content and your Output, in any media now known or hereafter developed, and to allow others to do the same, without compensation to you or any third party.
6. You affirm, represent, and warrant the following: (a) you have the written consent of each and every identifiable natural person referred to or mentioned in Your Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained, and are solely responsible for obtaining, all consents required by applicable laws and regulations to provide Your Content relating to third parties; (c) Your Content and Output and our use thereof as contemplated by these Terms and the Service will not violate any applicable laws or regulations or infringe any rights of any third party, including any intellectual property and privacy rights; (d) Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of Your Content in connection with the Service is not violative of any confidentiality rights of any third party; (e) we may exercise the rights to Your Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise; (f) you will not upload or make available through the Service, either directly or by other means: any personal information of children under the age of 13 or the applicable age of digital consent; (g) Your Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generated content, or unsolicited messages; or otherwise objectionable content; and (h) to the best of your knowledge, all of Your Content and other information that you provide to us is truthful and accurate.
7. We have the right (but not the obligation) in our sole discretion to remove any of Your Content or your Output that is shared via the Service.

1. Your submission of personal information through the Site is governed by our Privacy Policy, which is located at https://xfashion.me/privacy_policy.cshtml.

1. Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information in the Service, including pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated.

1. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, other websites, or the Internet. We reserve the right to terminate your access to and use of the Service or any related website for violating any of the prohibited uses.

1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SERVICE CONTENT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE OR OUTPUT RESULTING THEREFROM IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, CORRECT, FAMILY-FRIENDLY, OR SUITABLE FOR ANY PURPOSE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
2. FURTHER, WE DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
3. DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICE.

1. In no case shall xFashion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1. You agree to indemnify, defend and hold harmless xFashion and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your access to and use of the Service, including your use of Output; (b) your violation of any term of these Terms, including your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) your violation of any applicable law or regulation; (e) Your Content or any content that is submitted via your Service account, including any misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any third party’s access to or use of the Service with your username(s), password(s), or other authentication credential(s).

1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to our Services (or any part thereof).

1. You agree that these Terms are governed by and construed in accordance with the laws of Malaysia and Malaysia is the proper and exclusive forum for any legal proceedings.

1. Any new features or tools which are added to the current Site shall also be subject to these Terms. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

1. If you have any questions about these Terms, please contact us at [hello@xfashion.me]

1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

1. These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Use).

1. For purposes of these Terms, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereto” and “hereunder” refer to these Terms as a whole.
2. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
3. Whenever the masculine is used in these Terms, the same shall include the feminine and whenever the feminine is used herein, the same shall include the masculine, where appropriate.
4. Whenever the singular is used in these Terms, the same shall include the plural, and whenever the plural is used herein, the same shall include the singular, where appropriate.