ecomlook Terms of Use

Effective Date & Last revised: October 5, 2023

This page describes Terms of Use of services of ecomlook AI Lab, Inc. (“Company”, “we”, “us” or “our”), a mobile technology company specializing in deep learning-related products.
These Terms of Use (these “Terms”) apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application ecomlook (“ecomlook” or “application”) and website.
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using ecomlook on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14 (Dispute Resolution; Binding Arbitration), do not Use ecomlook. Your continued Use of ecomlook will confirm your acceptance of these Terms.
If you have any questions about these Terms or ecomlook, please contact us via an email ecomlook@ecomlook.com.
ecomlook uses a Neural Network Model Stable Diffusion that allows users to generate personalized Virtual Try-on (“Virtual Try-ons”). For how the Virtual Try-ons feature works, you can read our short FAQ.
There are certain restrictions to Using the Virtual Try-on feature – read more in Section 5.
We do not use your Personal Data to generally train and/or create our separate artificial intelligence products.
We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Also, we expect and appreciate you observing the rules of ecomlook Use listed in Section 5 of these Terms.

1. DESCRIPTION OF SERVICES
2. ELIGIBILITY
3. USER ACCOUNTS AND ACCOUNT SECURITY
4. PRIVACY
5. USER CONTENT
6. PROHIBITED CONDUCT AND CONTENT
7.LIMITED LICENSE; COPYRIGHT AND TRADEMARK
8. COPYRIGHT INFRINGEMENT
9. FEEDBACK
10. INDEMNIFICATION
11. DISCLAIMERS
12. LIMITATION OF LIABILITY
13. RELEASE
14. DISPUTE RESOLUTION; BINDING ARBITRATION
15. GOVERNING LAW AND VENUE
16. CHANGES TO THESE TERMS
17. ELECTRONIC COMMUNICATIONS
18. TERMINATION
19. EXPORT AND ECONOMIC SANCTIONS CONTROL
20. ADDITIONAL TERMS APPLICABLE TO iOS DEVICES
21. HOW TO CONTACT US

You can upload your photos to ecomlook and create Virtual Try-ons. Your original content and your AI-generated content belong to you, and we claim no ownership over such content. You would need to give us a permission to use that content (for our AI to generate you Virtual Try-ons). You take this permission away when your Virtual Try-ons are ready.

ecomlook may allow you to upload, edit, create, store and share content, including photos and videos, as well as generate and download your Virtual Try-on (“User Content”). We do not claim ownership over your User Content.
We want you to enjoy the functionality of ecomlook seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
Therefore, solely for the purposes of operating or improving ecomlook, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating ecomlook or if otherwise implied by the Using of ecomlook and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from ecomlook’s library or by terminating your account.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.

Here we impose some rules as to the content you may want to upload. Namely, you must own the photos you upload, and if you don’t, then you must provide respective rights to upload such content to ecomlook. Also, in case you wish to upload a photo depicting your friend or someone else other than you, you may do so only with their consent. If you upload someone else’s content to ecomlook and we receive claims, you will indemnify ecomlook for such claims (it means that we will ask you to financially compensate us these claims). We encourage you to observe these rules and not harm others using their content without consent.

You represent and warrant that:

you own the User Content edited and adjusted by you on or through ecomlook or otherwise have the right to grant the rights and licenses set forth in these Terms
you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through ecomlook and warrant to us that any usage of third-party User Content is cleared by you with the respective rightholder
if the User Content depicts third parties, you have received all the necessary consents form them to upload their photos to ecomlook, and
you have the legal right and capacity to enter into these Terms in your jurisdiction.

You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold ecomlook harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 10
“Indemnification” of these Terms.
We will not be liable to you for any modification, suspension or discontinuation of ecomlook, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).

The list below describes the prohibited conduct that leads to breach of this agreement between you and us. ecomlook is made for your entertainment, and we want everyone to respect each other and not ruin the user experience by the misuse of ecomlook services.
You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using ecomlook.
You represent, warrant and agree that you will not Use ecomlook by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying ecomlook or that could damage, disable, overburden or impair the functioning of ecomlook in any manner.
To decipher, decompile, disassemble or reverse engineer any aspect of ecomlook (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of ecomlook.
To circumvent any content-filtering techniques we employ or to access any feature or area of ecomlook that you are not authorized to access.
To develop or to use any third-party applications that interact with ecomlook without our prior written consent, including any scripts designed to scrape or extract data from ecomlook.
To display, mirror or frame ecomlook, or any individual element within ecomlook, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to ecomlook.
To copy, modify, host, stream, sublicense, or resell ecomlook, or otherwise Use ecomlook for any commercial purposes (this excludes selling your User Content).
For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To violate any applicable law or regulation.
To encourage, assist or enable any other party to do any of the foregoing.

Use of Virtual Try-ons.

ecomlook gives you the ability to use AI as a tool to create Virtual Try-ons, and we claim no rights in the Virtual Try-ons you generate through our AI.
You are the one to decide how to use the generated Virtual Try-ons further, and you are the one accountable for their use. You must ensure that the way you are using your Virtual Try-ons is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation. If you are unsure that your intended use of the Virtual Try-ons would be legal, we advise you to err on the side of caution, especially if using for commercial purposes.

Due to the fact that we use Stable Diffusion AI technology in ecomlook for creation of the Virtual Try-ons, you additionally represent, warrant and agree that you will not Use Virtual Try-ons feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license, and, in particular:

In any way that violates any applicable national, federal, state, local or international law or regulation;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
To generate or disseminate verifiably false information and/or content with the purpose of harming others;
To generate or disseminate personal identifiable information that can be used to harm an individual;
To defame, disparage or otherwise harass others;
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
To provide medical advice and medical results interpretation;
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference.
We reserve the right to:

Monitor your Use of ecomlook to ensure compliance with these Terms, and to comply with applicable law or other legal requirements
To investigate violations of these Terms or conduct that affects ecomlook
To consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
To, in our discretion and at any time, suspend or discontinue ecomlook, introduce new features or impose limitations on certain features, or restrict access to ecomlook.

Everything you see on ecomlook (except your photos or Virtual Try-ons) is owned or licensed to ecomlook. And we allow you to enjoy the functionality of ecomlook to its fullest; if you want to use any ecomlook elements outside ecomlook, however, you must ask for our consent first. This includes, for example, using our trademarks or logo.
ecomlook and the text, graphics, images, photographs, videos, audio, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in ecomlook, excluding your User Content (collectively, “ecomlook Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to ecomlook and ecomlook Content.
Your use of the ecomlook Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use ecomlook and the ecomlook Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:

sell, resell or commercially use ecomlook or the ecomlook Content
copy, reproduce, distribute, publicly perform or publicly display the ecomlook Content, except as expressly permitted by us or our licensors
modify the ecomlook Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of ecomlook or the ecomlook Content, except as expressly set forth in these Terms and the Supplemental Terms
use any data mining, robots or similar data gathering or extraction methods, or
Use ecomlook or the ecomlook Content other than as expressly provided in these Terms and the Supplemental Terms.

Any Use of ecomlook or the ecomlook Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ecomlook Content.

If ecomlook displays any content that infringes someone’s copyright, please let us know. You can find all the details on how to notify us below.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on ecomlook have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from ecomlook by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:

Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on ecomlook, a representative list of such works.
Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on ecomlook (including the provision of links thereto).
Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within ecomlook is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or ecomlook resolved in court. Instead, all disputes arising out of or relating to these Terms or ecomlook will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR ecomlook MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
ecomlook AI Lab, Inc. ecomlook@ecomlook.com
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.

The following terms apply if you Use ecomlook on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).

Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
Developer Contact Details. Any questions, complaints or claims with respect to the App should be directed to ecomlook@ecomlook.com
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).