Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

By accessing or using Aiimly's website, services, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

1.2 Eligibility and Age Requirements

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into these Terms; and (c) you are not prohibited from using our Services under applicable law.

If you are under 18 years old, you may not use our Services under any circumstances.

1.3 Electronic Communications and Signatures

By using our Services, you consent to receive electronic communications from Aiimly, including emails, notices, and disclosures. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree that your use of our Services constitutes your electronic signature and your agreement to be bound by these Terms with the same force and effect as if you had signed them manually, in accordance with the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA).

2. Service Description

Aiimly provides AI-driven furniture visualization and product recommendation services. Our Services include:

• Room photo upload and processing
• AI-generated furniture visualizations showing how furniture would look in your space
• Preference-based furniture product recommendations
• Links to third-party retailer product pages where you can purchase furniture
• Personalized furniture style, color, material, and price filtering

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

3. User Accounts and Responsibilities

3.1 Account Creation

You may need to create an account to access certain features of our Services. When creating an account, you must provide accurate, complete, and current information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use or security breach

3.3 Prohibited Activities

You agree not to:

• Use our Services for any illegal purpose or in violation of any laws
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Data Scraping and Automated Access: Engage in any form of data scraping, data mining, data extraction, or automated data collection from our Services, whether through bots, web scrapers, crawlers, browser extensions, or any other automated or manual means, without our express written permission. This prohibition includes, but is not limited to: (a) scraping product data, images, or recommendations; (b) using automated tools to access our AI services; (c) circumventing rate limits or access controls; (d) extracting data for use in competing services or databases
• Inappropriate Content: Upload, submit, or transmit any images or content that: (a) contains nudity, sexually explicit material, or pornographic content; (b) depicts or promotes violence, gore, or harm to individuals or animals; (c) is not related to legitimate home interior visualization purposes (e.g., uploading non-room photos, unrelated images, or images intended to abuse or test the service); (d) is offensive, obscene, defamatory, or violates any third party's rights; (e) violates any applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information about other users
• Attempt to reverse engineer, decompile, or disassemble our AI models, algorithms, or proprietary technology

Enforcement: Violation of these Prohibited Activities may result in immediate suspension or termination of your access to our Services without prior notice, as described in Section 9 (Termination). We reserve the right to investigate suspected violations, cooperate with law enforcement, and pursue legal action where appropriate. Repeat offenders will be permanently banned from our Services.

3.4 Payment Terms

Free Services: Certain features of Aiimly are currently provided free of charge. We reserve the right to introduce paid features or subscription plans in the future.

Future Paid Services: If you purchase a paid subscription or service:

• Billing: You authorize us to charge your payment method for all fees incurred. Subscriptions auto-renew unless canceled before the renewal date.
• Price Changes: We may change prices with 30 days' advance notice to existing subscribers.
• Refunds: All fees are non-refundable except as required by law or as explicitly stated in the purchase terms. We do not provide refunds for partial subscription periods.
• Cancellation: You may cancel subscriptions at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until that date.
• Taxes: Fees do not include applicable sales, use, VAT, or other taxes. You are responsible for all taxes except those based on Aiimly's net income.
• Payment Methods: We accept payment methods specified at checkout. You represent that you have the legal right to use any payment method you provide.

4. User Content

4.1 Ownership

You retain ownership of all photos, images, and other content you upload to Aiimly ("User Content"). You are solely responsible for your User Content.

4.2 License to Aiimly

By uploading User Content, you grant Aiimly a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, display, reproduce, and process your User Content solely to:

• Provide our AI visualization services
• Generate furniture recommendations
• Improve our AI algorithms and services

This license terminates when you delete your User Content or close your account, except for content that has been shared with others or where deletion is not technically feasible.

4.3 Content Restrictions

You must not upload User Content that:

• Infringes on any copyright, trademark, or other intellectual property rights
• Contains illegal, obscene, defamatory, or offensive material
• Violates anyone's privacy or publicity rights
• Contains viruses or malicious code

4.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

4.5 User Representations and Warranties

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to upload and grant the licenses described in these Terms
• Your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content complies with all applicable laws and regulations
• You have obtained all necessary consents from any individuals whose likeness appears in photos you upload
• Your User Content does not contain any viruses, malware, or other harmful code
• Your User Content is accurate and not misleading

You acknowledge that Aiimly may, but has no obligation to, review User Content and may delete or remove User Content that violates these Terms or is otherwise objectionable in Aiimly's sole discretion.

5. Intellectual Property

5.1 Aiimly's IP Rights

All content, features, functionality, and technology of Aiimly (including but not limited to software, algorithms, text, graphics, logos, and design) are owned by Aiimly or our licensors and are protected by intellectual property laws.

5.2 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of our Services
• Reverse engineer, decompile, or disassemble our software or algorithms
• Remove any copyright, trademark, or other proprietary notices
• Use our Services to develop a competing product or service

5.3 AI-Generated Images - User Ownership Model

Your Ownership: You own the AI-generated images created by our Services based on your uploaded photos and design preferences. Subject to these Terms, Aiimly grants you all rights, title, and interest in the AI-generated output.

Company's Limited License: You grant Aiimly a limited, non-exclusive, worldwide, royalty-free license to:

• Store and process your AI-generated images to provide the Services to you
• Use anonymized, de-identified versions (with all personal information removed) to improve our AI models, train machine learning systems, and conduct research
• Display anonymized examples in marketing materials or case studies (only with your explicit consent for non-anonymized use)

Important Limitations:

• Copyright Uncertainty: AI-generated content may not be eligible for copyright protection under current U.S. law due to lack of sufficient human authorship. While you own the output, you may not be able to register copyright or enforce copyright protection.
• No Warranties: We make no warranties about the originality, uniqueness, or commercial viability of AI-generated images.
• Commercial Use: You may use AI-generated images for personal or commercial purposes, but you assume all risk regarding intellectual property rights.
• Third-Party Claims: You are solely responsible for any third-party intellectual property claims arising from your use of AI-generated content.

5.4 Trademarks

"Aiimly" and our logos are trademarks of Aiimly. You may not use our trademarks without our prior written consent.

5.5 Copyright Infringement and DMCA Policy

We respect the intellectual property rights of others and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our DMCA Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (such as a URL)
• Your contact information, including your address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

DMCA Copyright Agent:
Aiimly (Pre-incorporation)
Attn: DMCA Agent / Copyright Officer
Email: support@aiimly.com
Physical mailing address will be provided upon incorporation. For urgent DMCA notices, please use email or our contact form.

Counter-Notification: If you believe your content was removed by mistake or misidentification, you may file a counter-notification with the information required by the DMCA. We will forward your counter-notification to the party who submitted the original claim.

Repeat Infringer Policy: We may terminate the accounts of users who are repeat infringers of copyright or other intellectual property rights.

Note: Filing a false DMCA notice or counter-notification may result in legal liability. Please consult an attorney before submitting a DMCA notice or counter-notification.

6. Third-Party Links and Services

6.1 Third-Party Links

Our Services contain links to third-party websites and retailers. These links are provided for your convenience, and we do not endorse or assume responsibility for the content, products, or services of these third parties.

6.2 Third-Party Transactions

When you click on a product link and make a purchase from a third-party retailer, that transaction is between you and the retailer. We are not a party to that transaction and are not responsible for:

• Product quality, delivery, or returns
• Pricing accuracy or availability
• Customer service issues
• Payment processing or security

6.3 Affiliate Relationships

We may receive commissions or other compensation when you purchase products through our links. This does not affect the price you pay.

7. Disclaimer of Warranties

AIIMLY'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that our Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content

AI Visualizations: Our AI-generated visualizations are for reference and inspiration purposes only. Actual furniture appearance in your space may differ due to lighting, angles, perspective, and other factors. We do not guarantee that visualizations will exactly match real-world results.

Product Recommendations: Product pricing, availability, colors, and specifications are controlled by third-party retailers and may change without notice.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIIMLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages arising from your use or inability to use our Services
• Damages arising from unauthorized access to your account or content
• Damages arising from third-party products, services, or websites

Our total liability to you for any claims arising from your use of our Services shall not exceed the amount you paid us in the 12 months prior to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

8.5 Indemnification

You agree to indemnify, defend, and hold harmless Aiimly and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of another party, including any intellectual property rights, privacy rights, or publicity rights
• Your User Content, including any claims that your User Content infringes or violates third-party rights
• Your violation of any applicable laws, regulations, or third-party rights
• Any dispute between you and any third party

Aiimly reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), and you agree to cooperate with our defense of such claims. You will not settle any claim that affects Aiimly without our prior written consent.

This indemnification obligation will survive termination of these Terms and your use of the Services.

8.6 Force Majeure

Aiimly shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
• War, terrorism, riots, civil unrest, or acts of civil or military authorities
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or lockouts
• Internet, telecommunications, or network infrastructure failures
• Cyber-attacks, hacking incidents, or data breaches affecting third parties we rely upon
• Government actions, embargoes, or changes in laws or regulations
• Shortages of transportation, facilities, fuel, energy, labor, or materials
• Failures or delays by third-party service providers (including cloud hosting providers)

During any force majeure event, Aiimly's obligations will be suspended for the duration of the event, and we will use reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 30 days, either party may terminate these Terms upon written notice.

9. Termination

9.1 Termination by You

You may stop using our Services and close your account at any time by contacting us at support@aiimly.com.

9.2 Termination by Aiimly

We may suspend or terminate your access to our Services at any time, with or without cause, with or without notice, including if:

• You violate these Terms
• Your use of our Services poses a security risk
• You engage in fraudulent or illegal activity
• We discontinue our Services

9.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• Your User Content may be deleted (subject to our Privacy Policy)
• Certain provisions of these Terms survive, including intellectual property rights, disclaimers, and limitations of liability

10. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by:

• Posting a prominent notice on our website
• Sending an email to registered users
• Updating the "Last Updated" date at the top of these Terms

Your continued use of our Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You agree that any legal action or proceeding arising from or related to these Terms or your use of the Services shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in California, and you consent to the personal jurisdiction of such courts.

11.2 Dispute Resolution - Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before initiating arbitration, you agree to first contact us at support@aiimly.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Aiimly may initiate arbitration.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Rules").

Arbitration Procedures:

• The arbitration shall be conducted by a single neutral arbitrator
• The arbitration shall be conducted in California, or remotely via video conference if mutually agreed
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction
• The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise or as required by applicable law

AAA Rules: The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and these Terms, these Terms shall control.

Small Claims Court: Either party may bring a claim in small claims court if it qualifies for small claims court jurisdiction, as an alternative to arbitration.

Arbitration Costs: For claims under $10,000, Aiimly will pay all arbitration filing fees. For claims over $10,000, fees will be allocated in accordance with the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may award fees in accordance with the AAA Rules.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to support@aiimly.com within 30 days of first accepting these Terms. Your notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other parts of these Terms will continue to apply, and disputes will be resolved in the courts specified in Section 11.1.

11.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to bring claims as part of a class action or representative proceeding.

13. Severability, Entire Agreement, and General Provisions

13.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent to the maximum extent permitted by law. If modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall remain in effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Aiimly, constitute the entire agreement between you and Aiimly concerning your use of the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Services.

13.3 No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Aiimly's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Aiimly.

13.4 Assignment

You may not assign or transfer these Terms or your account to any third party without Aiimly's prior written consent. Aiimly may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Any purported assignment in violation of this section is void.

13.5 Survival

The following provisions shall survive termination of these Terms: Sections 4 (User Content, excluding the license grant), 5 (Intellectual Property), 6 (Third-Party Links), 7 (AI Services Disclaimer), 8 (Limitation of Liability, Indemnification), 11 (Governing Law and Dispute Resolution), and 13 (General Provisions).

13.6 Export Controls

The software and technology underlying our Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or trade sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.

13.7 California Residents - Consumer Rights Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. Contact Us

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

Aiimly (Pre-incorporation Phase)
Email: support@aiimly.com
Contact Form: Available on our main page

Physical Address:
We are currently operating in preview mode. A physical mailing address will be provided upon incorporation. For legal correspondence and DMCA notices, please use the email addresses above or our contact form.