Terms of Service

1.1 Acceptance of Terms

By accessing or using Nekkewa (including our mobile application, website, and web integration services), you agree to comply with and be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services.

1.2 Eligibility

To use Nekkewa, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using our services under applicable laws
• Provide accurate and complete registration information

Users between 13 and 18 years of age must have parental or guardian consent to use Nekkewa.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through:

• Email notification to your registered address
• In-app notifications
• Prominent notice on our website

Your continued use of Nekkewa after changes become effective constitutes acceptance of the modified Terms.

2.1 Nekkewa Services

Nekkewa provides the following AI-powered services:

• Mobile Application: iOS and Android apps for virtual try-on experiences
• AI Image Generation: Creation of photorealistic images showing users wearing clothing items
• Wardrobe Management: Storage and organization of uploaded items and generated images
• Web Integration SDK: Tools for e-commerce websites to offer virtual try-on to their customers
• Automatic Personalization: Real-time personalized product visualization on integrated websites

2.2 AI Technology

Nekkewa uses Google's Gemini 2.5 Flash Image API and other AI technologies to generate virtual try-on images. By using our service, you acknowledge that:

• AI-generated results may vary in quality and accuracy
• Generated images are simulations and may not perfectly represent real-world fit or appearance
• Processing time may vary based on system load and complexity
• We do not guarantee specific results or outcomes

3.1 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for:

• Safeguarding your login credentials
• All activity that occurs under your account
• Immediately notifying us of any security breach

We are not liable for any loss or damage arising from your failure to protect your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activity
• Your account has been inactive for more than 12 months (free accounts)
• We are required to do so by law

You may delete your account at any time through the app settings. Upon deletion, your data will be removed in accordance with our Privacy Policy.

4.1 Subscription Plans

Nekkewa offers the following subscription tiers:

• Free Plan: 10 monthly credits, 1 generation per day, up to 2 items per generation
• Hobby Plan ($9/month): 100 monthly credits, unlimited daily generations, up to 4 items per generation
• Extensive Plan ($19/month): 300 monthly credits, unlimited daily generations, up to 7 items per generation, AI analysis included

4.2 Credit System

Credits are used for AI generations:

• 1 credit per basic generation
• 2 credits for generations with AI analysis
• 1 additional credit per extra variation (beyond the first 3)
• Credits reset monthly on your subscription renewal date
• Unused credits do not roll over to the next month

4.3 Pay-As-You-Go Credits

You can purchase additional credits:

• $0.30 per credit (individual)
• 50 credits for $5
• 100 credits for $10
• 500 credits for $40

Purchased credits never expire and can be used anytime.

4.4 Billing and Payments

Payment terms:

• All payments are processed securely through Stripe
• Subscriptions are billed monthly in advance
• Your payment method will be charged automatically unless you cancel
• You must provide a valid payment method to use paid plans
• All fees are in USD unless otherwise stated
• Prices are subject to change with 30 days notice

4.6 Web Integration SDK Pricing

For e-commerce websites using our SDK:

• Starter Plan: €50/month for 100 generations
• Professional Plan: €250/month for 1,000 generations
• Enterprise Plan: €2,000+/month for 10,000+ generations
• Revenue Share: 15% commission per generation (alternative billing model)

Additional fees may apply for automatic personalization features and advanced analytics.

5.1 Your Content

You retain ownership of all content you upload to Nekkewa. By uploading content, you grant us:

• A worldwide, non-exclusive license to use, store, and process your content to provide the service
• The right to create AI-generated derivative works based on your uploaded images
• Permission to use aggregated, anonymized data for service improvement

This license terminates when you delete your content or account, subject to technical backup delays.

5.2 Content Ownership and Rights

Regarding AI-generated images:

• You own the AI-generated images created from your uploads
• You may use generated images for personal, non-commercial purposes
• Commercial use requires written permission from Experiatech
• You cannot sell, license, or transfer generated images without authorization

5.4 Prohibited Conduct

You agree NOT to:

• Use Nekkewa for any illegal purpose
• Attempt to reverse engineer, decompile, or hack our services
• Circumvent usage limits or billing systems
• Create fake accounts or share accounts with others
• Use automated tools (bots, scrapers) without permission
• Interfere with the proper functioning of the service
• Harvest or collect user data without consent
• Resell or redistribute our services without authorization

5.5 Content Moderation

We reserve the right to review, monitor, and remove any content that violates these Terms. We may use automated systems and human review to enforce our policies.

Violations may result in content removal, account suspension, or permanent termination without refund.

6.1 Nekkewa Intellectual Property

All intellectual property rights in Nekkewa, including but not limited to:

• Software, algorithms, and AI technology
• User interface design and user experience
• Logos, trademarks, and brand assets
• Documentation and marketing materials
• Web SDK and integration tools

These are owned by Experiatech and protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Nekkewa app for personal use
• Use the Web SDK for authorized e-commerce integrations
• Download and display AI-generated images you created

This license does not include the right to copy, modify, distribute, or create derivative works of our software.

6.3 Trademarks

"Nekkewa," "StyleFusion," and associated logos are trademarks of Experiatech. You may not use our trademarks without prior written consent.

6.4 Copyright Infringement

We respect intellectual property rights. If you believe content on Nekkewa infringes your copyright, contact us at:

developer@experiatech.com

Include: (1) description of copyrighted work, (2) location of infringing material, (3) your contact information, (4) statement of good faith belief, (5) statement of accuracy under penalty of perjury, (6) electronic signature.

8.1 Third-Party Providers

Nekkewa integrates with third-party services:

• Google Cloud Platform and Firebase (infrastructure and AI)
• Stripe (payment processing)
• Cloudflare (CDN and performance)
• Social login providers (Google, Apple, Facebook)

Your use of these services is subject to their respective terms and privacy policies.

8.2 E-commerce Integration

When you use Nekkewa through our Web SDK on third-party e-commerce websites:

• Those websites have their own terms and privacy policies
• We are not responsible for their practices or content
• Usage data may be shared with the website operator for billing purposes

8.3 Disclaimer

We do not endorse, warrant, or assume responsibility for any third-party services, websites, or products. Your interactions with third parties are solely between you and them.

9.2 AI Technology Limitations

You acknowledge and agree that:

• AI-generated images are simulations and may not accurately represent reality
• Results may vary and are not guaranteed to meet your expectations
• Generated images should not be used as the sole basis for purchase decisions
• We are not responsible for disappointment with actual product fit or appearance

9.3 No Professional Advice

Nekkewa provides entertainment and visualization services only. We do not provide fashion consulting, professional styling advice, or any form of professional services. Do not rely on our service for critical decisions.

10.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Cost of substitute services
• Emotional distress or reputational harm

This applies even if we were advised of the possibility of such damages.

10.3 Exceptions

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

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

12.2 Jurisdiction

You agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in Montréal, Quebec, Canada, and you consent to the personal jurisdiction of such courts.

12.3 Informal Resolution

Before filing any formal claim, you agree to contact us at developer@experiatech.com to attempt to resolve the dispute informally.

We commit to working in good faith to resolve any disputes within 30 days.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Experiatech regarding Nekkewa and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or failures of third-party services.

13.6 Survival

Provisions that by their nature should survive termination (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution) shall survive the termination of these Terms.