Terms of Service for UNEEQ

1. Agreement to Terms

Welcome to UNEEQ ("we," "us," "our," or "the App"). These Terms of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and UNEEQ governing your access to and use of the UNEEQ mobile application and all related services.

2. Changes to Terms

We reserve the right to modify, update, or change these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of this document
• Provide notice of material changes through the App or via email
• Post the revised Terms in the App

Continued use of UNEEQ after changes take effect constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. If you do not agree to the modified Terms, you must stop using the App immediately.

3. Eligibility and Age Requirements

3.1 Minimum Age

UNEEQ is intended for users who are 13 years of age or older. By using the App, you represent and warrant that you are at least 13 years old.

3.2 Parental Consent for Minors

If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that you have obtained permission from your parent or legal guardian to use UNEEQ and that they have read and agreed to these Terms on your behalf.

3.3 Prohibited Users

You may not use UNEEQ if:

• You are under 13 years of age
• You have been previously banned or suspended from UNEEQ
• You are a registered sex offender
• Your use of the App is prohibited by applicable law
• You have provided false or misleading information to us

3.4 Account Suspension for Underage Users

If we discover that a user is under 13 years old, we will immediately terminate their account and delete their personal information in accordance with applicable law.

4. Account Registration and Security

4.1 Account Creation

To access certain features of UNEEQ, you must create an account by providing:

• A valid email address
• Your first and last name
• Your date of birth (to verify age eligibility)
• A secure password

4.2 Account Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account

4.3 Account Responsibility

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password
• Any content posted through your account
• Compliance with these Terms

You may not:

• Share your account with others
• Create multiple accounts
• Use another person's account without permission
• Sell, transfer, or assign your account to anyone

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity
• Any other reason at our sole discretion

You may delete your account at any time through the App settings. Upon account deletion, your personal information will be deleted in accordance with our Privacy Policy.

5. License and Intellectual Property

5.1 Limited License to Use UNEEQ

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the App on your personal mobile device
• Access and use the App for your personal, non-commercial use

5.2 Restrictions on Use

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any commercial purpose without our written permission
• Sell, rent, lease, sublicense, or transfer the App to any third party
• Use automated systems (bots, scrapers, crawlers) to access the App
• Attempt to gain unauthorized access to the App or its systems
• Bypass or circumvent any security features or access controls
• Use the App in any manner that could damage, disable, or impair our servers

5.3 Ownership

UNEEQ and all associated intellectual property rights, including but not limited to trademarks, logos, design elements, software code, algorithms, and App functionality, are and shall remain the exclusive property of UNEEQ. These Terms do not grant you any ownership rights in the App.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas about UNEEQ, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback into our App without any obligation to you.

6. User-Generated Content

6.1 Content You Post

UNEEQ allows you to create and share content, including:

• Photos and videos of clothing items
• Product links (including affiliate links)
• Captions, descriptions, and tags
• Comments and interactions with other users' content
• Profile information and profile pictures

6.2 Your Ownership

You retain ownership of all intellectual property rights in the content you create and post to UNEEQ. However, by posting content, you grant us certain rights as described below.

6.3 License You Grant to UNEEQ

By posting content to UNEEQ, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, and display your content
• Distribute your content through the App and related services
• Create derivative works from your content (such as AI-generated try-on images)
• Publicly perform and publicly display your content
• Use your content for promotional and marketing purposes

This license exists for the duration that your content remains on UNEEQ and for a reasonable time thereafter for backup, archival, or legal purposes.

6.4 Content Visibility

6.5 Your Representations and Warranties

By posting content to UNEEQ, you represent and warrant that:

• You own or have the necessary rights to post the content
• Your content does not infringe any third party's intellectual property rights
• Your content complies with all applicable laws and these Terms
• You have obtained all necessary permissions, releases, and consents from any individuals appearing in your content
• Your content does not contain any viruses, malware, or harmful code

6.6 Product Links and Affiliate Marketing

You may include links to products from third-party retailers (such as Amazon, eBay, Nike, etc.) in your posts. These links may be affiliate links through which you earn commissions.

6.7 Prohibited Content

You may not post content that:

• Infringes upon any third party's intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Contains false, misleading, or deceptive information
• Violates any applicable law or regulation
• Is defamatory, libelous, hateful, discriminatory, or harassing
• Contains explicit sexual content, nudity, or pornography
• Promotes violence, self-harm, or illegal activities
• Exploits, harms, or attempts to exploit or harm minors in any way
• Contains personal information of others without their consent
• Includes spam, malware, viruses, or phishing attempts
• Impersonates any person or entity
• Contains unauthorized advertising or promotional materials
• Infringes upon any person's privacy or publicity rights

6.8 Content Moderation

We reserve the right, but have no obligation, to:

• Monitor, review, or screen user content
• Remove or refuse to post any content that violates these Terms
• Take any action we deem appropriate against users who violate these Terms
• Preserve content and account information for legal purposes

We are not responsible for user-generated content. The views expressed by users do not represent our views.

6.9 Repeat Infringer Policy

We will terminate accounts of users who repeatedly infringe the intellectual property rights of others. If you believe content on UNEEQ infringes your rights, please see our Copyright and DMCA Policy below.

7. Copyright and DMCA Policy

7.1 Respect for Intellectual Property

UNEEQ respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to valid notices of copyright infringement.

7.2 DMCA Takedown Notices

If you believe that content on UNEEQ infringes your copyright, you may submit a DMCA takedown notice to us with the following information:

Required Information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing (with sufficient detail for us to locate it)
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

7.3 Response to DMCA Notices

Upon receiving a valid DMCA takedown notice, we will:

• Remove or disable access to the allegedly infringing content
• Notify the user who posted the content
• Take appropriate action against repeat infringers

7.4 Counter-Notifications

If you believe your content was wrongfully removed due to a DMCA takedown notice, you may submit a counter-notification containing:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification
• Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your district

Upon receiving a valid counter-notification, we may restore the content unless the copyright owner files a legal action within 10-14 business days.

7.5 Trademark Infringement

If you believe content on UNEEQ infringes your trademark rights, please contact us at above4standarddeviations@gmail.com with "Trademark Complaint" in the subject line.

8. AI-Powered Features

8.1 Virtual Try-On Technology

UNEEQ uses artificial intelligence (Google Gemini API) to generate virtual try-on images. By using this feature, you understand and agree that:

• Try-on images are AI-generated approximations and may not perfectly represent how clothing will look on you
• We are not responsible for the accuracy of AI-generated images
• Try-on results may vary based on photo quality, lighting, and other factors
• You use the virtual try-on feature at your own risk

8.2 Image Processing

When you upload a body photo for the try-on feature, we process your image using AI technology. Your photo:

• Is used solely to generate virtual try-on images for you
• May be processed through third-party AI services (Gemini API)
• Is stored securely and deleted when you replace it or switch to mannequin/model mode
• Is never shared publicly or used for any other purpose

8.3 Content Tagging and Categorization

We use AI to automatically tag and categorize clothing items in uploaded content. This helps improve content discovery and personalization. By posting content, you consent to AI analysis of your images.

8.4 No Warranties for AI Features

9. Third-Party Services and Links

9.1 Third-Party Retailers

UNEEQ allows users to link to products from third-party retailers such as Amazon, eBay, Nike, and others. We:

• Do not operate, control, or endorse these retailers
• Are not responsible for products, services, or content on third-party sites
• Do not process payments or participate in transactions between users and retailers
• Are not liable for any disputes, losses, or damages arising from third-party purchases

9.2 Third-Party Technology Providers

We use third-party services to operate UNEEQ, including:

• Google Gemini API for AI image generation
• Supabase for database services
• Oracle Cloud for image storage

These providers have their own terms of service and privacy policies. Your use of UNEEQ may be subject to these third-party terms.

9.3 Your Responsibility for Third-Party Interactions

You are solely responsible for:

• Your interactions with third-party retailers and services
• Reviewing third-party terms of service and privacy policies
• Verifying product information, prices, and availability
• Resolving disputes with third parties

We are not a party to any transaction between you and third-party retailers and have no liability for such transactions.

10. Prohibited Activities and Conduct

10.1 General Prohibitions

You may not use UNEEQ to:

Illegal Activities:

• Engage in any unlawful conduct
• Violate any applicable local, state, national, or international law
• Promote or facilitate illegal activities

Harmful or Abusive Behavior:

• Harass, bully, threaten, or intimidate other users
• Post hateful, discriminatory, or offensive content
• Engage in any form of abuse, violence, or threats
• Impersonate any person or entity or misrepresent your affiliation
• Stalk, dox, or share others' private information without consent

Platform Integrity:

• Interfere with or disrupt the App's operation
• Use bots, scripts, or automated tools to access the App
• Attempt to gain unauthorized access to accounts, systems, or networks
• Introduce viruses, malware, or harmful code
• Circumvent security measures or access controls
• Manipulate algorithms or engagement metrics through artificial means

Fraudulent Activity:

• Create fake accounts or use fake identities
• Post false, misleading, or deceptive content
• Engage in phishing, scamming, or fraudulent schemes
• Misrepresent products or use misleading affiliate links

Spam and Manipulation:

• Send unsolicited messages or spam
• Post repetitive or irrelevant content
• Engage in vote manipulation or artificial engagement
• Use misleading metadata, tags, or descriptions

Intellectual Property Violations:

• Infringe upon others' copyrights, trademarks, or patents
• Use others' content without permission
• Circumvent digital rights management systems

Commercial Misuse:

• Use the App for unauthorized commercial purposes
• Compete with UNEEQ or create derivative products
• Scrape or harvest data from the App
• Resell or redistribute access to the App

10.2 Consequences of Violations

Violation of these prohibitions may result in:

• Content removal
• Account suspension or termination
• Legal action
• Cooperation with law enforcement
• Other remedies as we deem appropriate

11. Privacy and Data Protection

11.1 Privacy Policy

Your use of UNEEQ is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

11.2 Data You Provide

By using UNEEQ, you consent to our collection and use of your data as described in the Privacy Policy, including:

• Account information
• Optional body photos for try-on features
• Content you post
• Usage data and interactions

11.3 Communication Consent

By creating an account, you consent to receive communications from us, including:

• Service-related notifications
• Account updates
• Important policy changes
• Responses to your inquiries

You may opt out of non-essential communications through your account settings.

12. Disclaimers and Limitation of Liability

12.1 "AS IS" and "AS AVAILABLE" Basis

We disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected
• Warranties that the App is free from viruses or harmful components

12.2 No Guarantee of Results

We do not guarantee that:

• The virtual try-on feature will produce accurate results
• AI-generated images will meet your expectations
• You will achieve any particular results from using the App
• Product links will remain valid or lead to available products
• You will earn affiliate commissions or achieve any financial benefit

12.3 User Content Disclaimer

We are not responsible for:

• User-generated content posted on UNEEQ
• The accuracy, quality, or legality of user content
• Interactions between users
• Products linked by users
• Affiliate relationships between users and retailers

12.4 Third-Party Services Disclaimer

We are not responsible for:

• Third-party websites, products, or services
• Actions or omissions of third-party retailers
• The availability, quality, or safety of products purchased through links
• Privacy practices of third-party services
• Technical issues caused by third-party providers

12.5 Limitation of Liability

12.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12.7 You Use UNEEQ at Your Own Risk

You acknowledge and agree that:

• You use UNEEQ entirely at your own risk
• You are responsible for your interactions with other users
• You are responsible for products you purchase through links
• You should use caution and common sense when using the App

13. Indemnification

You agree to indemnify, defend, and hold harmless UNEEQ and its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of UNEEQ
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third party's rights, including intellectual property rights
• Content you post to UNEEQ
• Your interactions with other users
• Your affiliate marketing activities
• Any false or misleading information you provide

This indemnification obligation survives termination of these Terms and your use of UNEEQ.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing any formal claim, you agree to contact us at above4standarddeviations@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days before pursuing formal action.

14.2 Binding Arbitration

If the informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or UNEEQ shall be resolved through binding arbitration, except for disputes relating to intellectual property rights or injunctive relief.

Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or JAMS. The arbitration will take place in the United States, and you and UNEEQ agree to submit to the personal jurisdiction of the arbitration proceeding.

14.3 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Small claims court actions (if requirements are met)
• Disputes relating to intellectual property rights
• Requests for injunctive relief or equitable remedies
• Claims that cannot be arbitrated under applicable law

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

14.5 Venue

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in California.

15. International Users

UNEEQ is based in the United States and intended for use by individuals located in the United States. If you access UNEEQ from outside the United States:

• You do so at your own initiative and are responsible for compliance with local laws
• Your data may be transferred to and processed in the United States
• You consent to the transfer and processing of your data in the United States
• You acknowledge that U.S. data protection laws may differ from those in your country

We make no representation that UNEEQ is appropriate or available for use in all locations.

16. Termination

16.1 Termination by You

You may terminate your account and stop using UNEEQ at any time by:

• Deleting your account through the App settings
• Contacting us at above4standarddeviations@gmail.com

Upon termination, your access to UNEEQ will cease, and your personal data will be deleted in accordance with our Privacy Policy.

16.2 Termination by Us

We reserve the right to suspend or terminate your access to UNEEQ immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, illegal, or abusive activity
• Violation of applicable laws
• Harm to other users, third parties, or UNEEQ
• Prolonged inactivity
• Any other reason at our sole discretion

16.3 Effect of Termination

Upon termination:

• Your license to use UNEEQ immediately ceases
• You must stop using the App
• Content you posted may remain visible on UNEEQ unless you request deletion
• We may delete your account data in accordance with our Privacy Policy
• Sections of these Terms that by their nature should survive termination will survive (including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution)

16.4 No Refunds

As UNEEQ is currently free to use, there are no refunds applicable. If we introduce paid features in the future, refund policies will be clearly stated.

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UNEEQ regarding your use of the App and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of UNEEQ.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

17.5 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and UNEEQ. You have no authority to bind UNEEQ or make commitments on our behalf.

17.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, Internet failures, or server outages.

17.7 Notices

All notices to you may be provided through:

• Email to the address associated with your account
• Posting in the App
• Push notifications

Notices to us should be sent to: above4standarddeviations@gmail.com

17.8 Export Control

You agree to comply with all applicable export and import laws and regulations. You may not use UNEEQ in any country subject to U.S. trade embargoes or sanctions.

17.9 Mobile App Store Terms

Your use of UNEEQ may also be subject to the terms of service of the mobile app store from which you downloaded the App (e.g., Apple App Store, Google Play Store). In the event of a conflict between these Terms and the app store terms, these Terms shall control regarding your use of UNEEQ.

17.10 English Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

17.11 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding UNEEQ, please contact us at above4standarddeviations@gmail.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: