Terms and Conditions

9. Limitation of Liability and Dispute Resolution

9.1. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service.

9.2. In no event shall our total liability to you exceed the greater of (a) the amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred U.S. dollars (US $100).

9.3. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the above limitations may not apply to you.

9.4. Arbitration Agreement: You and Formentia LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

9.5. Class Action Waiver: You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason this class action waiver is deemed unenforceable, then the arbitration agreement will be null and void.

9.6. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA Consumer Arbitration Rules then in effect. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party.

9.7. Arbitration Opt‑Out: You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending an email to info@formentia.com with the subject line “Arbitration Opt‑Out” and your full name, the email tied to your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor we can require the other to participate in arbitration.

10. Disclaimer of Warranties

10.1. The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

10.2. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

10.3. We specifically disclaim any warranties regarding the accuracy of outfit recommendations, clothing item identifications, or other AI-generated content.

11. Governing Law and State-Specific Provisions

11.1. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

11.2. State-Specific Terms:

a) California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Formentia LLC, 30 N Gould St Ste R, Sheridan, WY 82801. If you have a question or complaint regarding the Service, please contact us at info@formentia.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

b) Colorado, Delaware, Illinois, Nevada, and Virginia Residents: Residents of these states have specific rights regarding their personal information under their respective state privacy laws. Please refer to our Privacy Policy for detailed information about these rights and how to exercise them.

c) International Users: If you are accessing the Service from a region outside the United States, you agree to comply with all local laws applicable to your use of the Service.

12. Changes to Terms

12.1. We reserve the right to modify these Terms at any time. For material changes, we will provide notice at least 30 days before the new terms take effect by posting the updated Terms on this page, sending you an email notification, and/or displaying a notice within the Service.

12.2. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service before the new Terms take effect.

12.3. For users with paid subscriptions, if you reject material changes to these Terms, you may cancel your subscription and receive a pro-rated refund for the unused portion of your current billing cycle.

14. Severability

14.1. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

15. DMCA / Copyright Policy

15.1. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the designated copyright agent identified below.

15.2. DMCA Notification: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Service, with enough detail that we can find it
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

15.3. DMCA Counter-Notification: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content, you may send a counter-notice containing the following information to our copyright agent:

• Your physical or electronic signature
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
• Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Wyoming, and a statement that you will accept service of process from the person who provided notification of the alleged infringement

15.4. Designated Copyright Agent:

Formentia LLC
Attn: Copyright Agent
30 N Gould St Ste R
Sheridan, WY 82801
Email: info@formentia.com

15.5. Please be aware that if you knowingly materially misrepresent that material or activity is infringing or was removed or disabled by mistake, you may be held liable for damages, including costs and attorneys' fees.

16. Entire Agreement

16.1. These Terms constitute the entire agreement between you and Formentia LLC regarding the Service and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

17. Security

17.1. We implement commercially reasonable technical and organizational measures designed to protect your information and keep the Service secure. However, no method of transmission over the Internet or method of electronic storage is completely secure; therefore, we cannot guarantee absolute security.

17.2. Your Responsibilities: You are responsible for:

• Safeguarding the credentials you use to access the Service
• Immediately notifying us of any unauthorized use or suspected breach of security via info@formentia.com
• Ensuring your device and browser are updated with the latest security patches
• Using secure networks when accessing the Service

17.3. Vulnerability Disclosure: If you discover a security vulnerability, please report it responsibly to info@formentia.com. We appreciate researcher cooperation and will not pursue legal action against good-faith reports made in accordance with industry-standard coordinated-disclosure practices.

18. Acceptable Use

18.1. You agree to use the Service only as permitted by these Terms and applicable law. Without limiting the foregoing, you must not:

1. Access or probe any non-public areas of the Service, our systems, or the technical delivery systems of our providers.
2. Reverse-engineer, decompile, or disassemble any part of the Service, its AI models, or software components, except to the extent such restriction is prohibited by law.
3. Interfere with, disrupt, or compromise the integrity or performance of the Service, including by uploading malware, launching denial-of-service attacks, or flooding systems with automated requests.
4. Scrape or harvest data, images, or metadata from the Service without our express written consent.
5. Circumvent any rate-limiting, access-control, or authentication mechanisms.
6. Use the Service to send spam or unsolicited communications, or to store or transmit infringing, defamatory, or otherwise unlawful content.
7. Misrepresent your identity or affiliation with any person or entity, or impersonate others.

18.2. Violation of this Acceptable‑Use Policy may result in suspension or termination of your account and may subject you to civil or criminal liability.

19. Feedback

19.1  We welcome suggestions, ideas, bug reports, and other feedback you provide about the Service (“Feedback”). You acknowledge and agree that:

• License Grant. By submitting Feedback, you grant Formentia LLC a world‑wide, perpetual, irrevocable, royalty‑free, sublicensable, and transferable license to use, copy, modify, create derivative works from, publish, and otherwise exploit the Feedback for any purpose, including improving and marketing the Service and other products.
• No Compensation. You will not receive any compensation, credit, or reimbursement for providing Feedback or for the Company's use of it.
• No Obligation. We have no obligation to implement any Feedback or to keep it confidential.
• Representations. You represent that you have the right to provide the Feedback and that it does not infringe any third‑party rights.

19.2  If you wish your Feedback to remain confidential or proprietary, do not submit it through the Service; instead, contact us first at info@formentia.com to discuss a separate written agreement.

20. User Responsibility for Uploaded Content & Incidental Personal Data

You are responsible for ensuring that any content you upload, including clothing images, does not infringe upon third-party intellectual property rights or violate others’ privacy. If your uploads contain incidental personal or identifying information, such as faces, tattoos, or visible backgrounds with identifiable features, you acknowledge that:

• You have obtained any necessary permissions from the individuals depicted;
• You may delete such content at any time through your account settings;
• While we will delete original images upon request, any anonymized, aggregate patterns or data already incorporated into our AI models cannot be removed without retraining the model, which is technically infeasible.