Terms of Use

Kaaya AI is a technology platform that helps users discover clothing and fabrics, visualise how they may look through AI-powered Virtual Try-On technology, and connect with participating clothing shops ("Shops"). Kaaya AI provides the technology platform. Unless expressly stated otherwise, Kaaya AI is not the seller of the clothing, fabrics or other physical products displayed through the Services.

You may use Kaaya AI only in accordance with applicable law and these Terms. People under the age of 18 may use Kaaya AI with the involvement and permission of a parent or lawful guardian. If you are under 18, your parent or lawful guardian should review these Terms and the Privacy Policy with you and supervise your use of the Services as appropriate. Where a user is not legally capable of entering into a binding agreement independently, use of the Services must take place with the involvement of a parent or lawful guardian to the extent required by applicable law.

Some Kaaya AI features may require you to create an account using your mobile number or email address. You are responsible for: - providing accurate information when required; - maintaining control over access to your account; and - not intentionally allowing another person to misuse your account. You must not impersonate another person, create accounts for fraudulent purposes or use another person's account without permission. If we reasonably believe that an account is being misused or used in violation of these Terms, we may restrict, suspend or terminate access to the account.

Kaaya AI uses artificial intelligence to create a visual representation of how a selected garment, fabric or clothing style may appear on a person. We work to make Virtual Try-On results as realistic and as close to the real-world appearance as reasonably possible. However, a Virtual Try-On result is still an AI-generated approximation and is not the same as physically wearing or seeing the finished product. The actual garment or stitched product may differ from the Virtual Try-On result. Differences may occur because of factors such as: - lighting; - photography; - screen or display settings; - the quality or appearance of the fabric image; - body position or pose; - AI-generation limitations; - stitching or tailoring; - measurements; - fabric behaviour and drape; - pattern or design placement; - colour reproduction; - texture; - fit; and - other real-world characteristics. A Virtual Try-On result should therefore be used as a visual aid to help you understand or compare clothing. It is not a guarantee of exact fit, colour, texture, measurements, tailoring or final appearance.

You may upload: - photographs of yourself; or - photographs of another person where you have that person's permission to use the photograph with Kaaya AI. You must not upload or use a person's photograph without the permission or other lawful authority required to do so. You remain responsible for ensuring that you have the necessary rights and permissions for photographs you upload. Your Ownership of Your Photos Kaaya AI does not claim ownership of photographs that you upload. By uploading or saving a photograph, you give Kaaya AI a limited permission to process, store and use that photograph only as reasonably necessary to: - provide the Services to you; - generate requested Virtual Try-On results; - allow you to access and reuse saved photographs; - maintain and secure the Services; - provide support; and - perform other processing described in our Privacy Policy. This permission does not give Kaaya AI a general right to use your photograph for advertising or marketing. As explained in our Privacy Policy, Kaaya AI does not use your uploaded photographs or Virtual Try-On images to train, fine-tune or improve its AI models.

You may access, download or share your Virtual Try-On results for lawful personal purposes, subject to these Terms and any rights belonging to other people or third parties. You must not use Virtual Try-On results in a way that: - violates another person's privacy or rights; - misrepresents another person; - is deceptive or fraudulent; - is defamatory or abusive; - is unlawful; or - otherwise violates these Terms. Kaaya AI does not obtain a general right to use your personal Virtual Try-On images for advertising or marketing merely because you generated them using the Services.

You may not use Kaaya AI to: - create or distribute non-consensual images of another person; - harass, threaten, abuse or defame another person; - create unlawful, sexually exploitative or abusive content; - impersonate another person or misrepresent their identity; - commit fraud or deceive another person; - violate intellectual-property, privacy or other legal rights; - upload malicious software or harmful code; - interfere with the operation or security of Kaaya AI; - gain unauthorised access to our systems or another user's account; - bypass security, usage restrictions or access controls; - scrape, crawl or systematically extract information from the Services without our permission; - use automated systems or bots in a way that places unreasonable load on the Services; - reverse engineer, decompile or attempt to obtain the source code of our proprietary technology except where applicable law expressly permits it; - test or exploit vulnerabilities without our authorisation; - use the Services for unlawful purposes; or - encourage another person to do any of the above. We may investigate suspected misuse and take appropriate action, including restricting or terminating access to Kaaya AI.

Participating Shops control the clothing and product information that they choose to display through their Kaaya-powered pages. This may include information such as: - products and fabrics; - photographs; - descriptions; - prices; - availability; - specifications; - offers; and - other product-related information. Kaaya AI generally relies on the relevant Shop to provide accurate and current information. We may conduct periodic, selective or sample-based checks of Shop information as part of maintaining the quality of the platform. However, these checks do not mean that Kaaya AI has independently verified every product, listing or piece of information displayed through the Services. The presence of a product or Shop on Kaaya AI should not be understood as a guarantee by Kaaya AI that every piece of information supplied by the Shop is complete or error-free.

We want participating Shops to treat users fairly. If we receive information suggesting that a Shop is intentionally misleading, defrauding or otherwise seriously mistreating users, Kaaya AI may investigate the matter. Depending on the circumstances, we may: - ask the Shop for information; - correct or remove content; - restrict particular listings; - suspend a Shop's access; or - remove the Shop from Kaaya AI. Where we reasonably determine that a Shop is intentionally using Kaaya AI to wrongfully harm or deceive users, we may remove that Shop from the platform. Our ability to investigate or take action does not mean that Kaaya AI assumes responsibility for resolving every dispute between a user and a Shop.

Kaaya AI does not currently accept or process payments for clothing or fabrics purchased from participating Shops. If you decide to purchase a product you discovered through Kaaya AI, the purchase takes place directly between you and the relevant Shop. This remains the case even where Kaaya AI helps connect you with the Shop for an online purchase. The Shop, not Kaaya AI, receives your payment. Unless Kaaya AI expressly tells you otherwise for a particular service, the relevant Shop is responsible for matters relating to the physical product and transaction, including: - product availability; - final price; - product quality; - measurements; - stitching or tailoring; - delivery; - fulfilment; - warranties offered by the Shop; - cancellations; - returns; and - refunds. Nothing in these Terms removes any responsibility that Kaaya AI itself may have under applicable law.

Participating Shops may use Kaaya AI's technology to communicate with their customers. Messages sent on behalf of a Shop are communications from or on behalf of that Shop. The Shop is responsible for the content of its marketing or customer communications and for obtaining permissions or consents required for those communications under applicable law. Kaaya AI may restrict a Shop's use of communication features if we reasonably believe those features are being misused or used unlawfully.

Kaaya AI and its licensors own the rights in the technology and materials that make up the Kaaya AI platform, including, where applicable: - software; - source and object code; - AI systems and models; - algorithms; - website and application design; - user interfaces; - features and functionality; - databases and platform structure; - Kaaya AI names and branding; - logos; - graphics; and - other proprietary technology and materials. Using Kaaya AI does not transfer ownership of these rights to you. Subject to these Terms, Kaaya AI gives you a limited, personal, revocable, non-exclusive and non-transferable right to use the Services for their intended lawful purposes. You may not copy, sell, license, commercially exploit or create unauthorised derivative products from Kaaya AI's proprietary technology except with our permission or where applicable law expressly permits it.

Product photographs, brand names, fabric designs, descriptions and other content displayed by Shops may belong to the relevant Shop, manufacturer, brand or another rights holder. Kaaya AI's operation of the platform does not transfer ownership of third-party intellectual property to Kaaya AI or to users. You should not use third-party content in a way that infringes another person's intellectual-property rights. If you believe content displayed through Kaaya AI violates your legal rights, you may contact us at contact@kaaya.ai.

Kaaya AI is an evolving product. We may: - add new features; - change existing features; - modify Virtual Try-On technology or models; - change the user experience; - introduce usage limits; - remove features; - temporarily pause parts of the Services; or - discontinue particular Services. We do not guarantee that every feature available today will remain available permanently or in exactly the same form. Where appropriate, we will try to make significant changes in a reasonable manner.

Kaaya AI is currently free for consumers. We may introduce optional paid features or services in the future. We will not charge you merely because these Terms allow us to introduce paid features. Before charging for a new paid feature, we will clearly communicate the applicable price and any additional terms relevant to that purchase or subscription. You will have the choice whether to purchase the paid feature.

We work to provide a reliable and useful service. However, technology services may occasionally experience: - errors; - delays; - maintenance; - interruptions; - AI-generation failures; or - compatibility issues. We may temporarily limit access where reasonably necessary for maintenance, security, technical changes or protection of the platform. Subject to applicable law, we do not guarantee that the Services will operate without interruption or error at all times.

Our Privacy Policy explains how Kaaya AI collects, uses, stores and protects personal data. By using Kaaya AI, you acknowledge that your personal data will be handled as described in the Privacy Policy and in accordance with applicable law. The Privacy Policy includes additional information about: - account information; - user-uploaded photographs; - Virtual Try-On results; - analytics; - data retention; - deletion; - service providers; and - your privacy rights.

We may restrict, suspend or terminate your access to some or all of Kaaya AI where we reasonably believe that: - you have materially violated these Terms; - your use is unlawful; - your activity threatens the security or operation of Kaaya AI; - your account is being used fraudulently; - you are harming other users, Shops or third parties; - suspension is necessary to comply with law; or - suspension is reasonably necessary to protect the Services. Where appropriate, we may provide notice or an opportunity to resolve the issue. In serious cases, including fraud, security attacks, unlawful activity or significant harm to others, we may act immediately. You may stop using Kaaya AI at any time and may request deletion of your account as described in our Privacy Policy.

Kaaya AI is responsible for operating its technology platform in accordance with applicable law. However, there are parts of the experience that are outside Kaaya AI's control. In particular: - Virtual Try-On results are AI-generated approximations; - Shop product information is primarily supplied and controlled by the Shop; - physical garments and fabrics are supplied by the Shop; - transactions and payments currently occur directly between users and Shops; and - third-party services may be used as part of the overall experience. To the fullest extent permitted by applicable law, Kaaya AI will not be responsible for indirect, incidental or consequential losses arising solely from: - differences between a Virtual Try-On approximation and the final physical garment; - inaccurate information supplied by a Shop; - a Shop's product quality, stitching, delivery, return, refund or fulfilment; - conduct of an independent third party; or - misuse of the Services by a user or Shop. This section does not exclude or limit liability where doing so would be prohibited by applicable law, including any rights or remedies available to consumers that cannot lawfully be waived.

You are responsible for your own unlawful or unauthorised use of Kaaya AI. If you knowingly use the Services in violation of another person's rights or applicable law, you may be responsible for losses or legal consequences resulting from that conduct to the extent provided by applicable law.

If you have a complaint or dispute involving Kaaya AI, we encourage you to contact us first at: contact@kaaya.ai We will try in good faith to understand and resolve the issue. Nothing in this section prevents you from approaching a consumer commission, court, regulator or other authority where you have the legal right to do so. Governing Law These Terms are governed by the laws of India. Jurisdiction Subject to any jurisdiction or remedy that applicable consumer or other mandatory law gives you, disputes relating to these Terms or the Services that are properly brought before a court will be subject to the jurisdiction of the competent courts in Surat, Gujarat, India. Arbitration These Terms do not require consumers to submit disputes to mandatory arbitration. If a dispute arises, Kaaya AI and the other party may mutually agree to use arbitration or another alternative dispute-resolution process where permitted by law.

We may update these Terms as Kaaya AI evolves or where necessary because of: - new features; - changes to our Services; - changes in our business; - legal or regulatory developments; or - security or operational requirements. When we update these Terms, we will publish the updated version and revise the "Last Updated" date. Where required by applicable law, we will provide additional notice or obtain consent before a material change takes effect.

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law. Our failure to enforce a provision of these Terms on one occasion does not mean that we permanently waive our right to enforce it later. These Terms do not create a partnership, employment relationship, agency or joint venture between you and Kaaya AI. Any rights or remedies available under applicable law continue to apply where they cannot legally be excluded by these Terms.

For questions, complaints or notices relating to these Terms, contact: Kaaya AI Private Limited 1577, 1st Floor, Mauti Nagar Kholvad, Kamrej, Surat - 394190 Gujarat, India Email: contact@kaaya.ai