Terms of Use

Welcome to Omby.me. These Terms of Use ("Terms") govern your access to and use of the Omby.me mobile application, including any content, functionality, and services offered on or through the application (the "Service"). The Service is owned and operated by ("Company," "we," "us," or "our").

Please read these Terms carefully before you start to use the Service.

1. Introduction and Acceptance of Terms

By downloading, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. This agreement is a legally binding contract between you and the Company.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check these Terms periodically for changes.

2. The Omby.me AI Fashion Service

The Service provides users with a personalized fashion assistant powered by artificial intelligence ("AI"). By uploading photographs of your outfits ("User Content"), you can receive AI-generated analysis, commentary, and recommendations regarding style, color harmony, silhouette, and suitable occasions. The Service may also identify individual clothing items and suggest alternatives.

The Output does not constitute professional styling or fashion advice, and any reliance you place on such information is strictly at your own risk.

3. User Accounts and Responsibilities

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You must notify us immediately of any unauthorized use of your account.

You must be at least 13 years of age to use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

4. User-Generated Content (UGC)

This section governs the content you provide to the Service.

4.1. Your Ownership of Your Content

You retain full ownership of and all intellectual property rights in and to the photographs and other content you upload, submit, or transmit to the Service ("User Content"). These Terms do not grant us any ownership rights to your User Content. This commitment is a cornerstone of our relationship with you and ensures you remain in control of your personal data.

4.2. License Grant to Omby.me

In order for us to provide the Service to you, you grant the Company a limited, non-exclusive, royalty-free, worldwide, sublicensable license to use, host, store, reproduce, modify, process, and create derivative works of your User Content.

This license is granted for the sole and exclusive purpose of operating, providing, developing, and improving the AI-powered analysis and recommendation features of the Service for you.

This license terminates when you delete your User Content from our systems or delete your account, subject to our data retention policies outlined in the Privacy Policy. This purpose-limited license ensures we have the necessary permissions to, for example, transmit your photo to our backend servers and process it with our AI to generate your style analysis, without claiming any broader rights to use your photo for unrelated purposes such as public display or third-party advertising.

5. Acceptable Use and Prohibited Conduct

You agree not to misuse the Service or help anyone else to do so.

5.1. General Prohibitions

You agree not to engage in any of the following prohibited activities:

• Post, upload, or distribute any User Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
• Violate any applicable local, state, national, or international law or regulation.
• Infringe on the intellectual property rights, privacy rights, or any other rights of any third party.
• Spam, harass, or threaten other users of the Service.
• Attempt to gain unauthorized access to the Service, user accounts, or our computer systems or networks.

5.2. Specific Prohibitions Related to AI Use

To protect the integrity and intellectual property of our Service, you specifically agree not to:

• Use the Service or its Output to mislead anyone that AI-generated content is human-generated.
• Attempt to decompile, disassemble, reverse-engineer, or otherwise discover the source code or underlying algorithms of our AI models.
• Use any content, data, Output, or other information received or derived from the Service to directly or indirectly create, train, test, or otherwise improve any other machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights. This clause is essential to prevent the unauthorized scraping and use of our proprietary technology and results.

6. Omby.me Intellectual Property

Excluding your User Content, you acknowledge that all materials of the Service, including the design, software, text, graphics, logos, and the AI-generated Output, are the property of the Company or our licensors and are protected by copyright, trademark, and other intellectual property laws.

The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service or its intellectual property.

7. Disclaimers and Assumption of Risk

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR SUITABILITY FOR ANY PURPOSE OF THE AI-GENERATED OUTPUT. YOU ACKNOWLEDGE THAT THE SERVICE USES EXPERIMENTAL TECHNOLOGY AND YOU AGREE TO USE DISCRETION BEFORE RELYING ON, PUBLISHING, OR OTHERWISE USING THE OUTPUT GENERATED BY THE SERVICE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.

8. Limitation of Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID THE COMPANY IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

9. Termination of Service

You are free to stop using our Service at any time. We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

10. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be settled by binding arbitration in California, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

11. Miscellaneous Provisions

These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

For any questions about these Terms, please contact us at: hey@omby.me.

12.⁠ ⁠Subscription Terms

Omby.me offers auto-renewable subscriptions that provide access to premium features. Payment will be charged to your Apple ID account upon confirmation of purchase.

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

You can manage or cancel your subscription at any time in your App Store account settings. If offered, any free trial period will automatically convert to a paid subscription unless canceled before the end of the trial.

No refunds are provided for unused portions of any term.