Effective Date: April 19, 2025
Thank you for choosing to use the Gen AI Wear platform (the "Services"). These Terms of Use (the "Agreement") outline your rights and responsibilities concerning the use of the Services, including the generation of images and other assets (referred to as the "Assets"), as well as the purchase of custom-printed products. Please read this Agreement carefully. By accessing or using the Services, you agree to be bound by these terms.
This Agreement is between Gen AI Wear and the individual or entity using the Services (referred to as the "Customer," "You," or "Your"). By accessing and using the Services, you agree to comply with this Agreement.
The Services are continuously improved to enhance user experience. However, we do not guarantee the quality, stability, uptime, or reliability of the Services. You acknowledge that the Services are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, including, but not limited to, any warranties of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You assume all risks associated with the use of the Services.
Gen AI Wear reserves the right to suspend or terminate Your access to the Services at any time and for any reason.
You agree not to violate the intellectual property rights of others while using the Services, including copyright, patent, or trademark rights. Gen AI Wear reserves the right to investigate and take appropriate action against any violations of these Terms of Use.
By using the Services, you confirm that you are at least 13 years old and meet the minimum age requirements in Your country. If you are under the age of digital consent in Your country, Your parent or guardian must agree to these terms on Your behalf.
When using the Services, You may provide personal information such as Your image/text prompts, email address, shipping, and payment information. Please refer to our privacy policy for information on how we handle Your data.
Your Rights: You retain ownership of all Assets You create with the Services, subject to the terms of this Agreement and the rights of any third parties.
Rights Granted to Gen AI Wear: By using the Services, You grant Gen AI Wear a perpetual, worldwide, non-exclusive license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the text and image prompts You input into the Services, as well as any Assets produced by You through the Service.
Some Services provided by Gen AI Wear utilize third-party AI models, including the Ideogram AI Model. You acknowledge and agree to the following terms regarding AI-generated content:
Usage Policies: Your use of the Ideogram AI Model through our Services is subject to Ideogram's Usage Policies, available at: ideogram.ai/legal/usage-policy. You agree to comply with these policies when using our Services.
We strive to provide high-quality Services, but they are provided "as is," without warranties. You're responsible for any risks associated with using our Services, and we disclaim all warranties, including non-infringement, merchantability, and fitness for a particular purpose.
By purchasing image generation credits, you understand and accept that the quality and characteristics of the generated images may vary. We do not offer refunds on purchased credits.
We reserve the right to rate limit image generation to prevent quality decay or interruptions to other customers.
Ensure Your order details are entered correctly to avoid missed deliveries. We may put orders on hold for various reasons.
Once you place an order, you may not be able to edit or cancel it. You're responsible for filing claims for lost shipments, and we don't guarantee delivery to P.O. boxes. We'll fulfill your order promptly, but delivery estimates are not guaranteed. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier.
Any Dispute arising out of or relating to these Terms shall be resolved by binding arbitration. The arbitration will be conducted in English in Cook County, Illinois, USA. Each party will bear its own lawyers' fees and expenses.
To use Gen AI Wear's services, you need a valid payment method such as a credit card, and fees will be charged accordingly. You're responsible for reimbursing any chargeback fees due to returns or claims outside our policies. We may adjust fees periodically, and by placing an order, you confirm your legal entitlement to use the payment method and agree to any resulting charges.
We provide the Services as is, without warranties of any kind. You agree to indemnify and hold us harmless from any claims arising out of Your use of the Services.
Force Majeure: Neither party will be liable for failure or delay in performance due to circumstances beyond its control.
No Agency: This Agreement does not create any agency, partnership, or joint venture between the parties.
Severability: If any part of this Agreement is invalid, the rest of the Agreement will remain in effect.
Survival: Certain sections of this Agreement will survive termination.
Governing Law: These Terms shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law principles.
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