Terms of Service

Welcome to HEMECO! These Terms of Service ("Terms") govern your use of the HEMECO website and related services (collectively, the "Services") provided by HEMECO Inc. ("HEMECO," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

If you have questions about these Terms, contact contact@hemeco.app.

1. Eligibility & Accounts

1.1 Age Requirements

The Services are not intended for children under 13. If you are 13 or older but under the age of legal majority in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

If you are a parent or guardian:

• You must review and agree to these Terms and our Privacy Policy before allowing your minor to use the Services.
• In jurisdictions with biometric laws (such as Illinois BIPA), your agreement and consent may serve as the required written release for HEMECO to collect and process your minor's biometric‑related information as described in the Privacy Policy.

We reserve the right to request proof of age or parental consent and to restrict or terminate access where we suspect violations.

1.2 Accounts and Registration

You must create an account to use the Services. We do not offer guest access. When you create an account, you agree to:

• Provide accurate, current, and complete information;
• Keep your login credentials confidential; and
• Notify us promptly at contact@hemeco.app if you suspect unauthorized access to your account.

You are responsible for all activity that occurs under your account.

1.3 One User, One Account

You may not:

• Impersonate another person or create an account for someone else without their permission;
• Sell, rent, or transfer your account;
• Create multiple accounts to abuse promotions or bypass restrictions.

We may refuse registration or terminate accounts where we suspect misuse.

2. Privacy & Biometric Consent

Your use of the Services is also governed by our Privacy Policy. By using virtual try‑on features that analyze your face, hair, or body, you acknowledge that:

• You have read and understood our Privacy Policy, including the Biometric & Face/Body Geometry section;
• You consent to the collection and processing of biometric‑related information (face and body geometry) solely to provide the virtual try‑on features you use; and
• Where required (for example under GDPR, LGPD, or BIPA), your acceptance of these Terms and your affirmative consent (e.g., clicking "I Agree" on a biometric notice) together constitute:
  • Your explicit consent to process biometric‑related data; and
  • Your written release authorizing HEMECO to collect and use biometric information as described, subject to our strict retention and destruction policies.

If you do not consent to biometric processing, you must not use virtual try‑on features. You may still use parts of the Services that do not involve images (if available).

3. License to Use the Services

3.1 Limited License

Subject to your compliance with these Terms, HEMECO grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services for your personal, non‑commercial purposes.

We reserve all rights not expressly granted to you under these Terms.

4. User Content

4.1 Your Content

"User Content" means any content you submit through or create with the Services, including:

• Photos or videos you upload or capture;
• Edited images, try‑on results, and looks you create;
• Text such as captions or comments;
• Other content you generate in the Services.

You retain ownership of your User Content, subject to the license you grant to HEMECO below.

4.2 License You Grant to HEMECO

To operate the Services, you grant HEMECO a worldwide, non‑exclusive, royalty‑free, sublicensable license to:

• Use, reproduce, host, process, and display your User Content;
• Apply AI transformations to your content;
• Store your content temporarily or as long as needed to provide features you choose (such as cloud galleries, favorites, or histories);
• Display and share your content where you ask us to (for example, in a public gallery or when you share with friends via the Services).

We will not publicly display your content without your choice (such as posting to a public feed or using a "share publicly" feature, if provided).

4.3 Use for Improvement & AI Training

By using HEMECO, you agree that we may use your User Content (including photos, videos, and try‑on sessions) and usage data to:

• Train and improve our AI models and algorithms;
• Develop new virtual try‑on features and effects;
• Test and evaluate quality improvements;
• Enhance accuracy, speed, and user experience for all users.

This AI training is an essential part of how HEMECO works and improves over time. Without your separate explicit consent, we will not:

• Use your identifiable content in external marketing or advertising; or
• Share your identifiable User Content with third parties for their own AI training purposes.

4.4 Your Responsibilities

You represent and warrant that:

• You have all necessary rights to your User Content;
• You have obtained consent from any person whose image, likeness, or personal data appears in your content (including consent for AI modifications where appropriate);
• Your content and your use of the Services do not violate any law or third‑party rights, including privacy, publicity, and intellectual property rights.

You are solely responsible for your User Content and the consequences of sharing it.

4.5 Prohibited Content

You agree not to submit, create, or share content that:

• Is illegal, abusive, defamatory, or harassing;
• Is sexually explicit or pornographic, especially involving minors or non‑consensual content;
• Promotes violence, self‑harm, terrorism, or hate against protected groups;
• Violates intellectual property, privacy, or publicity rights;
• Uses HEMECO to create deceptive "deepfakes" or impersonations of others without clear, informed consent;
• Contains malware, viruses, or other harmful code.

We may remove or block content that we believe violates these Terms or applicable law, and we may report illegal content to authorities where required or appropriate.

5. Acceptable Use

You must use the Services lawfully and respectfully. You agree not to:

Misuse the Services

• Bypass or circumvent security features;
• Probe, scan, or test the vulnerability of our systems without permission;
• Use the Services to distribute spam or unsolicited communications.

Reverse engineer or interfere

• Reverse engineer, decompile, or attempt to extract the source code of the Services or underlying models, except where permitted by applicable law;
• Use automated tools (bots, scrapers) to access the Services or collect data in a way that burdens our systems.

Use for unlawful or harmful purposes

• Use HEMECO to violate any law or rights of others (including biometric privacy laws);
• Use try‑on features to create harmful, misleading, or defamatory images of real people without their consent.

Exploit or abuse the Service

• Sell or resell access to the Services without our written permission;
• Use the Services in a way that could damage, disable, overburden, or impair our systems or interfere with other users' enjoyment.

Violating this section may result in immediate suspension or termination of your account and access to the Services (see Section 15).

6. Virtual Try‑On & AI‑Generated Output

6.1 Informational and Entertainment Use

HEMECO's virtual try‑on and AI features are provided for informational and entertainment purposes only. They:

• Simulate how products or styles might look on you;
• Do not guarantee actual appearance, color, texture, or fit;
• Are not a substitute for professional advice (e.g., dermatology, hair care, tailoring).

6.2 No Medical or Cosmetic Procedure Advice

HEMECO does not provide:

• Medical advice or diagnoses;
• Recommendations about cosmetic procedures, surgery, or treatments.

Always seek advice from qualified professionals for health, skin, or cosmetic decisions.

6.3 Clothing Fit & Color Disclaimer

Clothing and fashion simulations may be affected by:

• Camera quality and angle;
• Lighting and environment;
• Device display characteristics.

We do not guarantee that any real‑world product will match the simulated appearance or fit. We are not responsible for purchase decisions based solely on virtual try‑ons.

6.4 AI Limitations

AI‑generated or modified content can sometimes:

• Produce artifacts, distortions, or unexpected results;
• Behave inconsistently with unusual angles or lighting;
• Reflect biases inherent in training data.

You are responsible for reviewing AI‑generated output and deciding whether and how to share or rely on it.

7. Third‑Party Services & Links

The Services may include:

• Links to third‑party websites or services;
• Integrations with third‑party platforms (for example, sharing to social media);
• Use of third‑party AI, analytics, or attribution tools.

We are not responsible for:

• The content, policies, or practices of third parties; or
• Any damages or losses arising from your use of third‑party services.

Your use of third‑party services is governed by their own terms and privacy policies.

8. Intellectual Property

8.1 HEMECO's Rights

All rights, title, and interest in and to the Services and "HEMECO Content" (including code, designs, logos, trademarks, filters, AI models, templates, and documentation) are owned by HEMECO or our licensors.

Except for the limited license granted in Section 3, you do not acquire any rights in HEMECO's intellectual property. You agree not to:

• Copy, modify, distribute, or create derivative works of HEMECO Content;
• Use HEMECO trademarks, logos, or branding without our prior written consent.

8.2 Feedback

If you provide feedback, ideas, or suggestions, you grant HEMECO a perpetual, worldwide, royalty‑free license to use and incorporate them into our products and services without obligation to you.

8.3 Copyright / IP Complaints

If you believe that content in the Services infringes your copyright or other IP rights, contact us at contact@hemeco.app with:

• Identification of the copyrighted work or IP at issue;
• Identification of the allegedly infringing material and its location in the Services;
• Your contact information;
• A statement that you have a good‑faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act;
• Your physical or electronic signature.

We may remove or disable access to content as required by law and may terminate accounts of repeat infringers.

9. Disclaimers

To the fullest extent permitted by law:

• The Services are provided "AS IS" and "AS AVAILABLE";
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement;
• We do not warrant that the Services will be uninterrupted, secure, or error‑free, or that defects will be corrected;
• We do not guarantee that virtual try‑on or AI‑generated results will match real‑world appearance, fit, or color.

If your jurisdiction does not allow certain disclaimers, some of the above may not apply to you. In that case, HEMECO's warranties are limited to the minimum required by law.

10. Limitation of Liability

To the fullest extent permitted by law:

No Indirect Damages

HEMECO and its affiliates, officers, employees, and agents ("HEMECO Parties") are not liable for any indirect, incidental, special, consequential, or punitive damages; or for any loss of profits, data, goodwill, or other intangible losses arising out of or related to your use of (or inability to use) the Services.

Liability Cap

The total cumulative liability of the HEMECO Parties for all claims related to the Services is limited to the greater of:

• (a) the amount you paid to HEMECO for the Services in the 12 months before the event giving rise to liability; or
• (b) USD $100 (or equivalent in local currency).

Exceptions

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any statutory consumer rights that cannot be excluded.

Your mandatory consumer rights (if any) are not affected.

11. Indemnification

You agree to indemnify and hold harmless the HEMECO Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services;
• Your User Content (including claims that it infringes rights or violates law);
• Your breach of these Terms or applicable law;
• Your violation of third‑party rights.

We may assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with our defense and not settle any matter without our prior written consent.

12. Governing Law

Except where prohibited by local law:

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict‑of‑law rules.

For consumers in jurisdictions with mandatory consumer protection laws (for example, EU/UK, Australia): This choice of law does not deprive you of the protections of the mandatory provisions of your home jurisdiction's consumer laws.

13. Dispute Resolution

13.1 Informal Resolution

Before starting a formal dispute (such as a lawsuit or arbitration), you agree to contact us at contact@hemeco.app and allow us 30 days to try to resolve the issue informally.

13.2 Arbitration & Class‑Action Waiver (U.S. Users)

If you reside in the United States (or otherwise choose to be subject to this clause where permitted):

• Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except that you may bring qualifying claims in small‑claims court.
• You and HEMECO waive any right to a jury trial and to participate in a class action lawsuit or class‑wide arbitration, to the maximum extent allowed by law.
• All disputes must be brought in your or HEMECO's individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration will be conducted by a recognized arbitration provider (such as AAA or JAMS) under its consumer rules. The arbitrator's decision will be final and binding, and may be enforced in any court with jurisdiction.

If your local law does not allow mandatory arbitration or class‑action waivers, some or all of this Section 13.2 may not apply to you.

13.3 30‑Day Opt‑Out

You may choose to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to contact@hemeco.app with the subject line "ARBITRATION OPT‑OUT" and including:

• Your full name;
• The email address tied to your HEMECO account; and
• A clear statement that you wish to opt out of arbitration.

Opting out of arbitration does not affect the rest of these Terms.

13.4 Users Outside the U.S.

If you reside outside the United States:

• You may be entitled to bring claims in the courts of your home country where this cannot be limited by contract;
• Otherwise, disputes may be brought in the courts of Montreal, Quebec, Canada.

13.5 Time Limit

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

14. Termination & Suspension

14.1 Your Rights

You may stop using the Services at any time. Where available, you may delete your account through account settings or by contacting contact@hemeco.app.

14.2 Our Rights

We may suspend or terminate your access to the Services (including your account) if:

• You materially or repeatedly breach these Terms or applicable law;
• We are investigating suspected misconduct;
• We discontinue the Services in whole or in part;
• It is necessary for security, legal, or operational reasons.

Where appropriate and legally allowed, we will give you reasonable notice before termination.

14.3 Effects of Termination

Upon termination:

• Your license to use the Services ends;
• You may lose access to your User Content stored in the Services or cloud;
• We may retain some information as described in the Privacy Policy (for example, for legal, security, or backup purposes).

Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will continue to apply.

15. Changes to These Terms

We may update these Terms from time to time. When we do:

• We will update the "Last Updated" date at the top; and
• For material changes, we will provide additional notice (for example, on the website or via email).

If you continue using the Services after changes take effect, you are deemed to have accepted the updated Terms. If you do not agree, you must stop using the Services.

16. Other Legal Terms

17. Contact

If you have questions about these Terms or the Services, contact: