Terms of Service

1. Service Description

Merchan provides an AI-powered retail stylist service designed specifically for apparel and fashion e-commerce businesses. Our Service includes:

• AI-powered customer engagement and proactive sales assistance
• Personalized styling and outfit recommendations
• Size and fit consultation capabilities
• Upselling and cross-selling functionality
• Inventory-aware product recommendations
• Integration with e-commerce platforms
• Analytics and performance reporting

2. Eligibility

To use our Service, you must:

• Be at least 18 years old
• Be a registered business or authorized representative of a business
• Operate in the apparel, fashion, or related retail industry
• Have the legal authority to enter into binding contracts on behalf of your business
• Comply with all applicable laws and regulations in your jurisdiction

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that provide inaccurate information or violate these Terms.

4. Subscription and Payment

4.1 Subscription Plans

Our Service is offered on a subscription basis. Details of current plans, features, and pricing are available on our website. We may modify pricing or plans with 30 days' advance notice.

4.2 Payment Terms

• You agree to pay all fees associated with your subscription plan
• Payments are processed automatically using your nominated payment method
• Subscriptions automatically renew unless cancelled before the renewal date
• All fees are exclusive of taxes unless stated otherwise
• You are responsible for any applicable taxes, including GST in Australia

4.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months or unused portions of the subscription
• We reserve the right to issue refunds at our sole discretion in exceptional circumstances

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any part of the Service
• Upload malicious code, viruses, or harmful materials
• Harvest or collect data from your customers without proper consent
• Use the Service to sell prohibited items (counterfeit goods, illegal products, etc.)
• Resell, sublicense, or commercially exploit the Service without authorization
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service in a manner that could damage, disable, or impair our systems

6. Your Content and Data

6.1 Your Content

You retain ownership of all content you upload to the Service, including product catalogs, images, and branding materials. By uploading content, you grant us a limited license to use, store, and process this content solely to provide the Service.

6.2 Customer Data

You are the data controller for your customers' personal information. You represent and warrant that:

• You have obtained all necessary consents to share customer data with us
• Your privacy policy accurately discloses the use of AI retail styling
• You will comply with all applicable privacy laws and regulations
• You will handle customer data requests (access, deletion) in a timely manner

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, AI models, designs, text, graphics, and logos, is owned by Merchan and protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service.

7.2 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without restriction or compensation to you. We appreciate your input in helping us improve our Service.

8. AI-Generated Content Disclaimer

Our Service uses artificial intelligence to generate product recommendations, styling advice, and responses to customer inquiries. You acknowledge and agree that:

• AI-generated recommendations are suggestions and not guaranteed to be accurate or appropriate for every customer
• You are responsible for reviewing and approving AI recommendations as appropriate for your business
• Size and fit recommendations are based on algorithms and may not account for all individual variations
• You should not rely solely on AI-generated content for critical business decisions
• The AI may occasionally produce incorrect or inappropriate outputs

9. Service Availability and Support

9.1 Service Level

We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance. We will make reasonable efforts to notify you in advance of planned maintenance that may affect Service availability.

9.2 Support

We provide customer support via email during business hours (AEST/AEDT). Response times may vary based on subscription tier and issue severity.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, either express or implied
• We do not warrant that the Service will be uninterrupted, secure, or error-free
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim
• Nothing in these Terms excludes or limits liability that cannot be excluded under Australian consumer law

11. Indemnification

You agree to indemnify and hold harmless Merchan, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or intellectual property rights
• Your customers' use of the AI retail stylist on your store

12. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for:

• Material breach of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activities
• Activities that may harm other users or our systems

Upon termination, all licenses granted to you will cease, and you must cease all use of the Service. Provisions that by their nature should survive termination will remain in effect.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email or through the Service at least 30 days before taking effect. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Third-Party Services

The Service integrates with third-party e-commerce platforms and services. Your use of these integrations is subject to the terms and conditions of those third parties. We are not responsible for the availability, accuracy, or content of third-party services.

16. Severability

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, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policyand any other agreements expressly incorporated herein, constitute the entire agreement between you and Merchan regarding the Service, superseding any prior agreements or understandings.

18. Contact Information

If you have questions about these Terms, please contact us: