LuxeList Terms of Service
Effective Date: June 15, 2025
Welcome to LuxeList ("LuxeList," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the LuxeList mobile application, website, AI services, scanning features, virtual closet, recommendations, and related products ("Services").
By creating an account or using LuxeList, you agree to these Terms.
If you do not agree, do not use the Services.
1. Eligibility
You must be at least 16 years old to use LuxeList.
If you are under 18, you may use the Services only with parental consent.
Age Verification: By creating an account, you represent that you meet the age requirements.
We may refuse or revoke access to anyone at any time for any reason, including violations of these Terms.
2. Your Account
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity under your account
- Ensuring the information you provide is accurate and up to date
Account Security:
- Do not share your password
- Notify us immediately if you suspect unauthorized access
- We are not liable for losses due to compromised credentials
We may suspend or terminate your account if we believe you have violated these Terms.
3. Acceptable Use Policy
You agree to use LuxeList only for lawful, personal, non-commercial purposes.
3.1 Prohibited Activities
You agree not to:
General Misuse:
- Use the Services in any way that violates laws or regulations
- Interfere with or disrupt the Services, servers, or networks
- Attempt to gain unauthorized access to any part of the Services
- Use automated scripts, bots, or scrapers to collect data
Content Violations:
- Upload illegal, harmful, offensive, or inappropriate content
- Upload images of people without their consent
- Violate intellectual property rights of others
- Upload malware, viruses, or malicious code
AI & Scanning Misuse:
- Attempt to manipulate or "jailbreak" AI features
- Use scanning features for identity verification or surveillance
- Extract or reverse-engineer AI models
- Use outputs for harmful or discriminatory purposes
Commercial Violations:
- Use LuxeList for commercial purposes without written permission
- Resell, redistribute, or sublicense the Services
- Create derivative products based on LuxeList
3.2 Enforcement
Violations may result in:
- Content removal
- Feature restrictions
- Account suspension
- Account termination
- Legal action if necessary
4. User-Generated Content & Image Rights
You may upload clothing photos, screenshots, style images, descriptions, and other materials ("User Content").
4.1 Ownership & License
You Retain Ownership: You own all content you upload.
License to LuxeList: By uploading content, you grant LuxeList a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display your content within the Services
- Use AI to analyze, classify, and generate recommendations from your content
- Create derivative works (e.g., virtual try-on images, style combinations)
- Backup and maintain your content for account functionality
This license:
- Exists only while your account is active (plus backup retention period)
- Is limited to providing Services to you
- Does NOT grant us rights to share your content with other users
- Does NOT grant us rights to use your content for marketing without explicit permission
- Terminates when you delete your content or account
4.2 Your Representations & Warranties
You represent and warrant that:
- You own the rights to the content you upload, OR
- You have permission to use it and grant the license above
- Your content does not violate any third-party rights
- Your content does not violate laws or these Terms
Third-Party Content Warning:
If you upload screenshots from brands, influencers, social media, or other sources:
- You acknowledge these may be protected by copyright and trademark
- LuxeList provides classification and recommendations as a personal styling tool
- You are responsible for ensuring your use is lawful
- We are not liable for any claims arising from your uploaded content
4.3 Consent for Images of People
Important: If you upload images containing people (including yourself):
- You confirm you have consent from all individuals pictured
- For scanning features using facial or body analysis, you confirm explicit consent
- You will not upload images of minors without parental consent
- You will not upload images for malicious purposes (harassment, doxxing, etc.)
4.4 LuxeList Is Not Responsible for User Content
We are not liable for:
- Copyright violations committed by users
- Images uploaded without permission
- Inappropriate or harmful content
- Any consequences of the content you upload
- Third-party claims related to your content
4.5 Content Moderation
We reserve the right to:
- Remove content that violates these Terms
- Remove content flagged as inappropriate
- Disable accounts that repeatedly violate our policies
We are not obligated to monitor or pre-screen content, but may do so.
4.6 Trademark Disclaimer
All brand names, logos, and trademarks displayed in AI classification results or recommendations are the property of their respective owners.
- LuxeList does not claim ownership of these trademarks
- Display of trademarks is for identification and informational purposes only
- No endorsement or affiliation is implied
- Trademark rights remain with their owners
5. AI Services & Limitations
LuxeList includes AI-powered features such as:
- Clothing classification
- Outfit recommendations
- Color/shape/style analysis
- Style chat and advice
- Scanning (face, body, proportion, color)
- Wardrobe insights
5.1 No Guarantees of Accuracy
AI tools may produce:
- Inaccurate, incomplete, or biased outputs
- Misclassifications
- Styling recommendations that do not fit your preferences
- Scanning results that are imperfect or inconsistent
You agree that:
- AI responses are not professional advice
- You use them at your own discretion
- You will not hold LuxeList liable for any results or interpretations
- Outputs are for entertainment and personal styling purposes only
5.2 AI-Generated Content Ownership
Virtual Try-On & Generated Images:
- Images generated by AI features (e.g., virtual try-on, outfit combinations) are created for your personal use
- You may save and use these for personal purposes
- LuxeList retains no ownership claims to AI-generated outputs
- You grant us a license to generate and display these outputs to you
5.3 For Personal Use Only
AI features are provided solely for personal styling, entertainment, and convenience.
5.4 User Responsibility for AI Inputs
You are solely responsible for:
- The prompts you provide
- Any attempts to circumvent safety restrictions ("jailbreaking")
- Any actions you take as a result of AI advice
LuxeList is not liable for AI misuse or outputs generated in response to unsafe inputs.
6. Scanning Features (Face, Body, Color, Proportion)
LuxeList may include scanning features that analyze face shape, body proportions, colors, and other visual information.
6.1 Biometric Data & Consent
Explicit Consent Required: Before using scanning features, you must provide explicit consent to biometric data collection as described in our Privacy Policy.
Illinois BIPA Notice: If you are in Illinois, please review Section 1.3 of our Privacy Policy for important information about biometric data collection, use, and retention.
6.2 Not Medical or Biometric Authentication
Scanning features:
- Do not perform medical, biometric, or diagnostic assessments
- Are not intended to identify or verify identity
- Are not guaranteed to be accurate
- Are for styling recommendations only
6.3 Body Measurement Disclaimers
Important: Measurements derived from pose detection and body scanning:
- Are estimates only, not guaranteed accurate
- May vary based on lighting, camera angle, clothing, and positioning
- Should not be used for medical purposes, health assessments, or precise garment sizing
- Are provided for general styling guidance only
Not Medical Advice: Scanning features do not provide medical advice, diagnoses, or health assessments. Consult healthcare professionals for health-related concerns.
6.4 Accuracy May Vary
Lighting, camera quality, angle, and environment may affect results. Results may change over time or between sessions.
6.5 No Emotional or Personal Liability
You agree that:
- Scanning results may not match your expectations
- Results are subjective and for entertainment purposes
- You will not hold LuxeList liable for personal feelings, self-perception issues, or dissatisfaction
- You use scanning features at your own emotional risk
6.6 Right to Refuse or Withdraw
You may:
- Refuse to use scanning features (other features remain available)
- Withdraw consent at any time
- Request deletion of biometric data (contact privacy@luxelist.app)
7. Payment, Subscriptions & Refunds
LuxeList may offer:
- Premium upgrades
- Scanning credits
- AI usage credits
- Subscriptions
- One-time purchases
7.1 Payment Processing
Website Purchases:
- Processed by secure third-party payment providers (e.g., Stripe)
- LuxeList does not store credit card details
- You authorize us to charge your payment method for purchases
App Store/Google Play Purchases:
- Processed by Apple App Store or Google Play
- Subject to their respective terms and policies
- We do not control or process these payments directly
7.2 Subscription Terms
If you subscribe:
- Subscriptions auto-renew unless cancelled before renewal date
- You may cancel at any time through your account settings or the app store
- Cancellation takes effect at the end of the current billing period
- No refunds for partial periods unless required by law
7.3 Pricing Changes
We reserve the right to:
- Change pricing at any time
- Notify you of price changes before they take effect
- Honor your existing subscription price until renewal
7.4 Refund Policy
General Rule: All sales are final unless:
- Required by law in your jurisdiction
- Required by app store policy
- We determine a refund is appropriate (at our sole discretion)
App Store/Google Play Refunds:
Governed by their respective refund policies. Contact Apple or Google directly for app store purchase refunds.
Website Refunds:
Contact support@luxelist.app within 14 days of purchase to request a refund. We will review requests on a case-by-case basis.
No Refunds For:
- Change of mind
- Unused credits or features
- Account termination for Terms violations
- Dissatisfaction with AI or scanning results
8. Data Storage, Loss, and Availability
Your data may be stored using:
- Firebase
- Cloud storage (AWS, Google Cloud, or similar)
- Local device storage (optional)
- LuxeList servers
8.1 No Guarantee of Preservation
We take reasonable steps to preserve your data, but you acknowledge that:
- Data may be lost or corrupted
- Syncing may fail
- Firebase or cloud storage may malfunction
- Outfits, lookbook entries, preferences, and closet data may disappear
- We are not liable for any data loss
Backup Recommendation: For important items, we recommend saving copies outside LuxeList.
8.2 Service Interruptions
We do not guarantee:
- Uninterrupted availability
- Error-free operation
- Real-time syncing
- Permanent storage
- 24/7 uptime
Services may be interrupted for:
- Maintenance
- Updates
- Technical issues
- Force majeure events
8.3 No Liability for Data Loss
LuxeList is not liable for any data loss or damages resulting from it, including but not limited to:
- Lost closet items
- Deleted images
- Corrupted preferences
- Syncing failures
- Cloud provider outages
9. Intellectual Property
All LuxeList content—including design, algorithms, AI models, text, logos, UI, and branding—belongs to LuxeList and is protected by intellectual property law.
9.1 Our Rights
LuxeList owns all rights to:
- The app and website design
- AI models and algorithms
- Classification systems
- Recommendation engines
- Branding and trademarks
- Source code
9.2 Your Limited License
We grant you a limited, non-exclusive, non-transferable license to:
- Use the Services for personal purposes
- Download the app on your devices
- Access your account and content
This license:
- Does NOT permit commercial use
- Does NOT permit redistribution or resale
- Does NOT permit reverse engineering
- Terminates if you violate these Terms
9.3 Prohibited Uses
You may not:
- Copy, modify, or reverse engineer LuxeList
- Extract or replicate AI models or algorithms
- Use LuxeList for commercial purposes without written permission
- Create derivative products or competing services
- Remove copyright or trademark notices
10. Third-Party Services
LuxeList may use secure third-party providers for:
- Authentication (e.g., Firebase Auth)
- Cloud storage (e.g., Firebase Storage, AWS S3)
- Analytics (anonymized)
- AI processing (e.g., OpenAI, Anthropic)
- Payment processing (e.g., Stripe)
- Crash reporting (e.g., Sentry)
10.1 Third-Party Terms
Use of third-party services may be subject to their own terms and policies. We are not responsible for third-party actions or policies.
10.2 Service Availability
We are not liable for:
- Third-party failures or outages
- Changes to third-party services
- Third-party security breaches beyond our control
10.3 Data Processing Agreements
We maintain Data Processing Agreements (DPAs) with all third-party processors that handle personal data, ensuring they:
- Follow strict security standards
- Use data only for specified purposes
- Delete data when no longer needed
11. Beta Testing Terms
If you participate in beta testing:
11.1 Beta Status
Beta features:
- May be unstable or incomplete
- May change without notice
- May be removed at any time
- Are provided "as-is" without warranties
11.2 Data Risks
During beta testing:
- Data may be lost
- Features may not work correctly
- Accuracy is not final
- You accept all risks
11.3 Confidentiality
You agree not to:
- Publicly share unreleased features
- Post screenshots of beta features
- Discuss beta features outside designated channels
11.4 Feedback
Feedback you provide:
- May be used to improve the Services
- Does not create any obligations
- Does not grant you ownership rights
12. Termination
12.1 Termination by You
You may delete your account at any time through app settings or by contacting privacy@luxelist.app.
12.2 Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms
- Misuse the Services
- Upload illegal or harmful content
- Attempt to manipulate or exploit the platform
- Engage in fraudulent activity
- Fail to pay for services
12.3 Effect of Termination
Upon termination:
- Your access to the Services ends immediately
- Your data will be deleted per our Data Deletion Policy
- Outstanding payments remain due
- Sections of these Terms that should survive termination will survive
13. Disclaimers
To the fullest extent permitted by law, LuxeList provides the Services "as-is" and "as available."
We disclaim all warranties, including:
- Merchantability: Services may not meet all your needs
- Fitness for a particular purpose: Services may not be suitable for your specific use
- Non-infringement: Though we respect IP rights, we cannot guarantee user content doesn't infringe
- Accuracy: AI outputs, classifications, and scanning results may be inaccurate
- Reliability: Storage, syncing, and availability are not guaranteed
- Security: Though we use security measures, no system is perfectly secure
You use LuxeList at your own risk.
14. Limitation of Liability
To the maximum extent permitted by law:
LuxeList is not liable for any direct, indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to:
- Lost data or corrupted files
- Incorrect AI or scanning outputs
- Body measurement inaccuracies
- Emotional distress or dissatisfaction with results
- Reliance on AI-generated recommendations
- Copyright disputes related to uploaded content
- Data loss from syncing or storage errors
- Unauthorized access beyond our reasonable control
- Lost profits or business opportunities
- Service interruptions or downtime
- Third-party failures
Maximum Liability: If liability cannot be excluded, it is limited to the greater of:
- The amount you paid for the Services in the last 12 months, OR
- $100 USD
This limitation applies even if:
- We were aware of the possibility of damages
- A remedy fails of its essential purpose
- Damages were foreseeable
15. Indemnification
You agree to indemnify, defend, and hold harmless LuxeList, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, legal fees, or expenses arising from:
- Your uploaded content
- Your violation of these Terms
- Your prompts or AI interactions
- Misuse of scanning features
- Copyright or trademark violations
- Third-party disputes over content you uploaded
- Misuse or manipulation of AI
- Your violation of laws or third-party rights
- Images uploaded without proper consent
This indemnification survives termination of your account.
16. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal Resolution
Before filing any claim, you agree to contact us at legal@luxelist.app to attempt informal resolution. We will try to resolve disputes within 30 days.
16.2 Binding Arbitration
If informal resolution fails, any dispute must be resolved through binding individual arbitration under the rules of the American Arbitration Association (AAA).
Arbitration means:
- A neutral arbitrator decides the dispute, not a judge or jury
- The decision is final and binding
- Court review is extremely limited
Location: Arbitration will be conducted:
- By videoconference if possible
- In your state of residence if in-person hearing is required
Costs: Each party pays their own legal fees unless the arbitrator awards them. AAA filing fees apply.
16.3 Class Action Waiver
You waive the right to participate in a class action, class arbitration, or representative action.
All disputes must be brought individually. You cannot join your claim with others.
16.4 Small Claims Exception
You may bring claims in small claims court if:
- The claim qualifies for small claims court jurisdiction
- The claim is brought on an individual basis (not as a class action)
16.5 Opt-Out
You may opt out of arbitration by emailing legal@luxelist.app within 30 days of account creation with:
- Your name and email
- Subject line: "Arbitration Opt-Out"
If you opt out:
- Disputes will be resolved in court
- Class action waiver still applies
16.6 Survival
This arbitration agreement survives termination of your account and these Terms.
17. Governing Law
These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles.
If arbitration does not apply, you agree that any legal action must be brought in the state or federal courts located in [Your County/City, State], and you consent to jurisdiction there.
18. Changes to These Terms
We may update these Terms at any time to reflect:
- New features
- Legal requirements
- Changes in business practices
- Security improvements
18.1 Notification
Significant changes will be communicated:
- In-app notification
- Email to your registered address
- Prominent notice on the website
18.2 Acceptance
Continued use of LuxeList after changes take effect means you accept the updated Terms.
If you do not agree, you must stop using the Services and delete your account.
18.3 Version History
Archived versions of these Terms are available upon request.
19. Severability
If any provision of these Terms is found unenforceable:
- The provision will be modified to be enforceable
- The rest of the Terms remain in full effect
20. Entire Agreement
These Terms, together with our Privacy Policy and Data Deletion Policy, constitute the entire agreement between you and LuxeList.
They supersede all prior agreements or understandings.
21. Contact
For questions, disputes, or account inquiries:
Email: legal@luxelist.app
Support: support@luxelist.app
Privacy: privacy@luxelist.app
Mailing Address (for legal notices):
LuxeList Legal Team
[Your Business Address]
[City, State ZIP]
Last Updated: January 15, 2025
Version: 2.0
LuxeList