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Terms & Conditions

 

Last Updated: June 30, 2025

These Terms and Conditions ("Terms") govern your use of the FashionDraw application ("the App"). The App is licensed, not sold, to you. Your license is subject to your prior acceptance of this End User License Agreement ("EULA").

The Application Provider, Fashionary International Ltd ("we", "us", "our"), reserves all rights in and to the App not expressly granted to you under this EULA.

a. Scope of License

We grant you a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the App Store's Usage Rules. You may not distribute the App over a network, reverse-engineer, modify, or create derivative works of the App. This license extends to your use of all features within the App, including the AI Generation Service, subject to the additional terms below.

b. AI Generation Service & User Content

The App includes features that allow you to generate images and other content using artificial intelligence ("AI Generation Service"). This service is powered by our proprietary technology and technology from our third-party service providers.

- Content Ownership: You retain ownership of any original prompts, text, or files you submit to the AI Generation Service ("Input"). Subject to your compliance with these Terms, we grant you all rights, title, and interest in and to the content generated by the service based on your Input ("Output"). You are solely responsible for your Input and Output.

- Accuracy: AI-generated content is probabilistic and may sometimes be inaccurate, offensive, or otherwise not representative of our views. You should not rely on the factual accuracy of Output.

  • Use Restrictions: You agree not to use the AI Generation Service to:
  • Generate content that is illegal, harmful, abusive, or that infringes upon the rights of any third party, including intellectual property and privacy rights.
  • Create content that exploits or harms children.
  • Develop competing models or services.
  • Reverse-engineer, decompile, or otherwise attempt to discover the source code or underlying components of the models and systems.
  • Send viruses, malware, or other malicious code.

c. Consent to Use of Data

You agree that we may collect and use technical data about your device, system, and software to facilitate software updates and product support. Our use of personal information, including content submitted to the AI Generation Service, is detailed in our Privacy Policy.

d. External Services

The App enables access to our services and those of our third-party partners who provide core functionalities like the AI Generation Service ("External Services"). You agree to use these services at your sole risk. We are not responsible for examining or evaluating the content, accuracy, or availability of any third-party External Services and will not be liable for them. We reserve the right to change, suspend, or remove access to any External Services at any time without notice.

e. Age Requirement

You must be at least 13 years old to use the App. If you are under 18, you must have permission from your parent or legal guardian to use the App.

f. Termination

This EULA is effective until terminated by you or us. Your rights will terminate automatically if you fail to comply with any of these terms.

g. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND THE AI GENERATION SERVICE IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

h. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APP. OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES WILL NOT EXCEED FIFTY DOLLARS ($50.00).

i. Governing Law

This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.