Terms of Service

These Terms of Service (the "Terms") govern access to and use of the TraiOn.me platform, including the website located at https://traion.me, the virtual try-on widget, Shopify and WooCommerce integrations, application programming interfaces ("APIs"), and any related dashboards, tools, features, or services (collectively, the "Services") provided by TraiOn.me, a business registered in Dubai, United Arab Emirates ("TraiOn.me", "we", "us", "our").

By installing, accessing, or using the Services as a merchant, partner, or other business customer (collectively, "Merchant", "you", "your"), you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Definitions

For the purposes of these Terms:

• "Account" means a registered account for access to the Services.
• "End User" means an individual consumer or shopper interacting with the virtual try-on widget on a Merchant's property (e.g., web store).
• "Content" means any data, images, photos, text, product information, feedback, or other materials submitted to or generated by the Services.
• "Merchant Data" means any data provided or made available to TraiOn.me by or on behalf of the Merchant, including store metadata, product catalogs, and configuration settings.
• "End User Images" means photos uploaded by End Users (or on their behalf) for purposes of generating virtual try-on outputs.
• "AI Output" means images or other materials generated by the Services based on End User Images and Merchant product data.
• "Credits" means prepaid units allowing a certain number of AI generations or other billable events.
• "Third-Party Platforms" means e-commerce platforms, such as Shopify or WooCommerce, with which the Services integrate.
• "Applicable Law" means all applicable laws, regulations, and rules, including data protection and consumer laws, in relevant jurisdictions.

2. Scope of Services

TraiOn.me provides Merchants with tools to embed AI-powered virtual try-on functionality into their digital properties, including but not limited to product pages and cart pages. The Services ingest Merchant product content and End User Images in order to generate AI Output that visually simulates how items might appear on a person.

The Services are provided on a business-to-business (B2B) basis. Merchants remain solely responsible for their relationship with End Users and for all representations made to End Users about their products, sizing, fit, pricing, and return policies.

3. Eligibility and Merchant Accounts

The Services are intended for use by businesses only. By creating an Account or installing the TraiOn.me application, you represent and warrant that:

• You are duly authorized to bind the legal entity you represent.
• You provide accurate and complete registration information and keep such information current.
• You are not located in, and are not a citizen of, a country subject to comprehensive sanctions or embargoes, and you are not listed on any government sanctions list.

You are responsible for maintaining the confidentiality of Account credentials and for all activities that occur under your Account. TraiOn.me shall not be liable for any loss or damage arising from unauthorized use of your Account.

4. Use of the Services; Acceptable Use

Subject to these Terms, TraiOn.me grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in connection with your e-commerce operations.

You shall not, and shall not permit any third party to:

• Use the Services for any illegal, harmful, or fraudulent purpose.
• Upload, submit, or process any End User Images or Content that is unlawful, defamatory, obscene, sexually explicit, hateful, violent, or otherwise in violation of Applicable Law.
• Use the Services to generate AI Output involving minors in sexual or otherwise inappropriate contexts.
• Reverse engineer, decompile, or attempt to derive source code from any part of the Services, except to the extent permitted by Applicable Law.
• Circumvent or attempt to circumvent any technical limitations, security controls, or usage restrictions of the Services.
• Resell, sublicense, or provide the Services to third parties as a stand-alone offering without TraiOn.me's prior written consent.

5. Merchant Obligations

Merchant is solely responsible for:

• Obtaining all necessary consents and providing all necessary notices to End Users under Applicable Law, including privacy and data protection laws.
• Ensuring that End Users are of lawful age and capacity to use the virtual try-on feature.
• Ensuring that all product data, images, descriptions, and sizing information supplied to TraiOn.me are accurate and not misleading.
• Configuring and maintaining integrations, webhooks, and API keys on Third-Party Platforms.
• Complying with the terms of service and policies of Third-Party Platforms (e.g., Shopify's terms, WooCommerce policies).

TraiOn.me does not provide legal advice and does not assume responsibility for Merchant's compliance with consumer, e-commerce, or data protection laws.

6. Fees, Credits, Setup Fee, and Taxes

6.1 Credits and Packages

The Services are billed via Credits purchased by the Merchant. Each AI generation or try-on event may consume one or more Credits, as indicated in your plan or dashboard.

6.2 Setup Fee

A one-time setup fee (currently USD $5 or equivalent) will be added to your first deposit upon activation of the Services. This fee covers account activation and initial configuration.

6.3 Payment and Billing

Fees are payable in advance and are non-refundable except where TraiOn.me, in its sole discretion, issues a refund or where required by Applicable Law. You authorize TraiOn.me or its payment processors to charge the payment method on file for all purchases, including recurring or usage-based charges where applicable.

6.4 Taxes

Fees are exclusive of any value added tax (VAT), sales tax, or other similar taxes, which will be added where applicable. Merchant is responsible for any applicable taxes arising from use of the Services, except for taxes based on TraiOn.me's net income.

7. Third-Party Platforms and Integrations

The Services may integrate with or rely upon Third-Party Platforms. TraiOn.me does not control and is not responsible for Third-Party Platforms. Your use of Third-Party Platforms is subject to their own terms and policies.

TraiOn.me shall not be liable for any unavailability, errors, or data loss caused by or related to Third-Party Platforms, nor for any changes such platforms may make to their APIs, functionality, or pricing.

8. AI Providers and Subprocessors

To generate AI Output, TraiOn.me may use third-party AI processing providers and other subprocessors (collectively, "Subprocessors"). These may be located in or outside the United Arab Emirates or the European Economic Area.

TraiOn.me will:

• Ensure Subprocessors are bound by written agreements with data protection and confidentiality obligations.
• Use commercially reasonable efforts to ensure End User Images are processed only for generating AI Output and are not retained for model training.
• Publish or otherwise make available a list of material Subprocessors upon request where legally required.

9. Data Protection and Privacy

The processing of personal data through the Services is governed by the TraiOn.me Privacy Policy and, where applicable, a Data Processing Agreement ("DPA") between TraiOn.me and the Merchant. In the event of a conflict between these Terms and a signed DPA, the DPA shall prevail with respect to data protection obligations.

Where the Merchant is subject to the EU General Data Protection Regulation (GDPR), UK GDPR, or equivalent laws, the Merchant acts as "data controller" and TraiOn.me acts as "data processor" in respect of End User personal data processed via the Services.

10. Image Retention and Deletion

Unless otherwise expressly agreed in writing:

• End User Images and corresponding AI Output are stored only for the limited purpose of rendering try-on experiences and associated features (e.g., short-term history).
• TraiOn.me implements automated routines to delete End User Images and AI Output within a maximum of 24 hours from generation, except to the extent retention is required by law or for security incident investigation.
• TraiOn.me does not use End User Images or AI Output to train generalized models.

11. Intellectual Property

11.1 Ownership by TraiOn.me

All rights, title, and interest in and to the Services, including software, algorithms, models, interfaces, designs, know-how, and documentation, are and shall remain the exclusive property of TraiOn.me and its licensors.

11.2 Merchant Data and End User Images

Merchant retains all rights in Merchant Data. End Users retain their rights in End User Images. By submitting Merchant Data and End User Images to the Services, Merchant grants TraiOn.me a non-exclusive, worldwide, royalty-free, limited license to host, process, transmit, and display such data solely as necessary to provide the Services, including generation of AI Output.

11.3 AI Output

Subject to full payment of applicable fees, TraiOn.me grants Merchant a non-exclusive, worldwide, royalty-free license to use AI Output solely in connection with Merchant's products and services, including for marketing, merchandising, and customer experience, provided such use complies with Applicable Law and these Terms.

TraiOn.me may internally store derived, non-personal metrics related to AI Output (e.g., aggregate quality scores or model performance statistics) for purposes of improving the Services.

12. Confidentiality

Each party may receive non-public information from the other party that is designated as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Each party agrees to: (a) use Confidential Information solely for purposes of performing its obligations or exercising its rights under these Terms; and (b) protect such information with at least the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable degree of care.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRAION.ME SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

AI OUTPUT IS A VISUAL APPROXIMATION ONLY. IT DOES NOT CONSTITUTE A GUARANTEE OF ACTUAL FIT, SIZE, COLOR, OR APPEARANCE. MERCHANT REMAINS RESPONSIBLE FOR ALL CLAIMS MADE ABOUT PRODUCTS, AND FOR HANDLING RETURNS, EXCHANGES, OR CUSTOMER DISPUTES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAION.ME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR (B) ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAION.ME'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MERCHANT TO TRAION.ME FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.

15. Indemnification

Merchant shall indemnify, defend, and hold harmless TraiOn.me and its affiliates, officers, directors, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Merchant's use of the Services in violation of these Terms or Applicable Law;
• Merchant Data, End User Images, or other Content provided by or on behalf of Merchant;
• Any dispute between Merchant and any End User or third party.

16. Suspension and Termination

TraiOn.me may suspend or restrict access to the Services if: (a) necessary to address a security risk; (b) Merchant is in material breach of these Terms; or (c) required by Applicable Law or at the request of a competent authority.

Either party may terminate these Terms for convenience by providing written notice (including via email) to the other party. Upon termination:

• Merchant's right to access the Services shall cease;
• Any outstanding fees shall become immediately due and payable;
• TraiOn.me will delete or anonymize personal data as required by Applicable Law and any DPA.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates, or, if agreed in writing, binding arbitration under rules and venue mutually agreed by the parties.

18. Changes to the Services and to these Terms

TraiOn.me may modify or discontinue any part of the Services at any time, including to reflect evolving AI capabilities, security best practices, regulatory changes, or platform requirements.

TraiOn.me may update these Terms from time to time. Material changes will be notified via dashboard notice, email, or website posting. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms.

19. Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

You may not assign or transfer these Terms or your rights hereunder without TraiOn.me's prior written consent. TraiOn.me may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices to TraiOn.me shall be sent to support@traion.me.