LEGAL
4. AI system transparency (Article 50 EU AI Act)
4.1. The App applies image-based machine learning and computer vision techniques to derive body representations, visualizations and related sizing outputs from images of and information about natural persons. Where the Widget interacts directly with a natural person for that purpose, such interaction falls within the scope of Article 50(1) of Regulation (EU) 2024/1689 (the "EU AI Act").
4.2. In accordance with Article 50(1) of the EU AI Act, Vesto ensures that any natural person interacting with the App is informed, in a clear and distinguishable manner and at the latest at the time of the first such interaction, that they are interacting with an AI system.
4.3. Generated Output constitutes artificially generated or manipulated image content. In accordance with Article 50(2) and Article 50(4) of the EU AI Act, Vesto marks Generated Output in a machine-readable format where technically feasible, and ensures that Generated Output depicting a Shopper is disclosed to that Shopper as artificially generated. Generated Output is not a photograph and does not depict a real event.
4.4. You acknowledge that the transparency notices referred to in Sections 4.2 and 4.3 are mandatory regulatory requirements applicable to Vesto as provider of the AI system within the meaning of the EU AI Act. You shall not remove, hide, alter, translate inaccurately, obscure through styling or theme customization, or otherwise interfere with the display, content or prominence of such notices in any integration, deployment, white-label implementation or other use of the App, and You shall cooperate with Vesto in good faith to ensure that the notices remain visible and effective to end users throughout the term.
4.5. Where a Merchant deploys the App under its own branding, the Merchant acts as a deployer within the meaning of the EU AI Act and is responsible for compliance with any obligations that attach to it in that capacity.
4.6. The transparency obligations set out in this Section 4 are without prejudice to any further information obligations applicable to Vesto or to You under the EU AI Act, Regulation (EU) 2016/679 (GDPR), or any other applicable laws and regulations.
5. Processing of Shopper photographs and body data
5.1. Where a Shopper elects to upload a photograph of their face, that photograph is processed transiently for the sole purpose of generating a body and face representation. The photograph is discarded immediately upon completion of that processing and is not stored by Vesto. Vesto does not use uploaded photographs to train its models, does not sell or share them, and does not use them to identify any individual.
5.2. Uploading a photograph is optional. Shoppers may instead select a pre-set character model, in which case no photograph is processed at any point.
5.3. Facial imagery processed for the purpose described in Section 5.1 may constitute a special category of personal data under Article 9 GDPR in certain circumstances. Such processing is carried out only on the basis of the Shopper's explicit, freely given, specific and informed opt-in consent, which may be withdrawn at any time. Full details of what is processed, on what legal basis, for how long and with what safeguards are set out in the Privacy Policy at www.vesto3d.com/privacy, which forms part of these Terms.
5.4. As between Vesto and a Merchant, the allocation of controller and processor roles under GDPR, and the corresponding obligations, are governed by the Data Processing Agreement. In the event of conflict between these Terms and the Data Processing Agreement in respect of personal data, the Data Processing Agreement prevails.
6. Merchant terms
6.1. Account and installation
(a) By installing the App on a Shopify store, You represent that You are authorized to bind the Merchant entity that owns that store, that You are acting in the course of a trade, business, craft or profession, and that all information You provide is accurate and current.
(b) Your use of the App is additionally subject to the Shopify Terms of Service and the Shopify App Store terms as between You and Shopify. Vesto is not responsible for the acts or omissions of Shopify. Where Shopify suspends, restricts or terminates Your store or Your access to the Shopify platform, Vesto may be unable to provide the Service to You and shall have no liability for that inability.
6.2. License grant
Subject to Your compliance with these Terms and payment of applicable fees, Vesto grants You a non-exclusive, non-transferable, non-sublicensable, revocable license, for the term of Your installation, to access and use the App and the Documentation for Your internal business purposes and to make the Widget available to Shoppers on storefronts You own or operate.
6.3. License from Merchant to Vesto
You grant Vesto a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, resize, render and display Merchant Content solely to the extent necessary to operate and provide the Service, and to display Your store name and logo as a reference customer on Vesto's website and marketing materials. You may withdraw the reference-customer permission at any time by written notice to hi@vesto3d.com.
6.4. Merchant obligations and restrictions
You shall not, and shall not permit any Authorized User or third party to:
(a) upload Merchant Content that You do not have the rights to use, or that infringes any third party's Intellectual Property Rights, right of publicity or privacy;
(b) upload as Merchant Content any image of a natural person without that person's valid consent to the use of their image through the App;
(c) use the App to render garments onto, or otherwise process inputs from, any person under the age of 18, or configure the App in a manner intended to circumvent the age controls described in Section 7.2;
(d) reverse-engineer, decompile, disassemble, scrape, or attempt to derive the source code, model weights, or training methodology of the App, except to the extent such restriction is prohibited by applicable law;
(e) resell, sublicense, rent, lease or otherwise make the App available to any third party as a standalone service, or use the App to build or assist in building a competing product;
(f) use automated means to generate Generated Output in bulk, or in excess of a fair and ordinary shopper-driven volume, other than through an interface Vesto expressly provides for that purpose;
(g) remove, obscure, restyle or otherwise diminish the AI transparency notices described in Section 4;
(h) misrepresent Generated Output as a photograph, as a depiction of a real fitting, or as a guarantee of fit; or
(i) use the App in violation of any applicable law, including consumer protection, advertising, data protection and export control law.
6.5. Fees, plans and quotas
(a) The App is offered on a free tier plus paid plans. Paid plans are charged through the Shopify Billing API and are subject to Shopify's billing terms, including its currency, tax handling and refund mechanics.
(b) Each plan includes a defined quota of Generated Outputs or equivalent usage units as described on the plan selection screen on the Shopify App Listing page. Where usage exceeds the applicable quota, Vesto may, at its option, throttle further use, charge for overage at the published rate, or prompt You to upgrade. Vesto will not charge overage without prior notice.
(c) Vesto may change plan pricing and quota allocations on at least thirty (30) days' prior written notice. If You do not accept a change, Your remedy is to uninstall the App before the change takes effect.
(d) Fees already paid are non-refundable except where required by law or expressly stated otherwise.
6.6. Availability, support and maintenance
(a) Support and Maintenance Services include advice and support for the App by email. They do not include the elimination of system errors arising from solutions integrated by the Merchant or third parties, nor installation, theme customization, configuration, or system- or application-related services that exceed the scope defined herein.
(b) Support requests are made via hi@vesto3d.com and are processed during working hours, Monday to Friday, 09:00 to 18:00 Eastern European Time (Bucharest). Response time for support requests is a maximum of one (1) working day, and a maximum of four (4) hours for complete unavailability of the Service.
(c) Vesto will use commercially reasonable efforts to make the Service available, but does not commit to a specific uptime percentage unless separately agreed in writing. Vesto may perform scheduled maintenance and will give reasonable advance notice where such maintenance is expected to cause material disruption.
(d) Vesto may modify, deprecate or discontinue features of the App. Where a feature is discontinued in a manner that materially reduces functionality for paying Merchants, Vesto will give at least thirty (30) days' notice.
7. Shopper terms
7.1. Nature of the Widget. The Widget lets You generate a visualization of how a garment offered by a Merchant may appear on a body representation generated from information You provide. What You see is generated by an AI system. It is an approximation and not a photograph, not a fitting, and not a promise about how any garment will fit or look on You.
7.2. Age requirement. You must be at least 18 years old to submit a photograph or other body information to the Widget. Certain garment categories, including swimwear, underwear and other minimal-coverage garments, are subject to additional age verification. Do not submit a photograph or body information of any person under 18, and do not submit a photograph or body information of any other person without their knowledge and consent.
7.3. What You may submit. You may submit only a photograph of Yourself, or of an adult who has consented to Your doing so. You may not submit:
(a) images of children, or images that sexualize any person; (b) images of any person who has not consented; (c) images You do not have the rights to use; (d) images containing nudity or sexually explicit content; (e) images of public figures, celebrities or any person for the purpose of creating a depiction of them wearing a garment they have not endorsed; or (f) content that is unlawful, defamatory, hateful, harassing, or that depicts violence.
7.4. What happens to Your photograph. If You upload a photograph, it is processed to build a body representation and is then discarded. It is not stored, not used to train our models, and not used to identify You. You may instead choose a pre-set character model and upload nothing at all. See Section 5 and the Privacy Policy for details.
7.5. Your rights in Generated Output. As between You and Vesto, You may view, save and share Generated Output depicting You for Your own personal, non-commercial purposes. You may not present Generated Output as an authentic photograph, and You may not use Generated Output depicting any other person for any purpose other than that person's own use.
7.6. Purchasing decisions. Your contract of purchase is with the Merchant, not with Vesto. Any question about product availability, sizing, delivery, payment, exchange or return is a matter for the Merchant, whose terms and returns policy govern.
7.7. Suspension. Vesto may suspend or block access to the Widget where it reasonably suspects a breach of this Section 7, including automated detection of prohibited content.
8. Intellectual Property Rights
8.1. With the exception of Sections 8.2 and 8.4, Vesto holds and retains all title and interest in and to the App, the Widget, the underlying models and the related Software and Documentation, as well as in and to any Intellectual Property Rights associated therewith that originate from Vesto. Nothing in these Terms shall be interpreted as a transfer, in whole or in part, of any rights in the App to any Merchant, Authorized User, Shopper or third party. The foregoing applies equally to any improvement, development, adaptation, alteration, idea, discovery or Intellectual Property Right relating to the App that is created, prepared, authored, edited, conceived or reduced to practice by Vesto individually or jointly with others.
8.2. The release of information and/or data by You to Vesto that could constitute Intellectual Property Rights shall not be deemed an assignment of those rights. Your Intellectual Property Rights remain with You. Vesto is granted a non-exclusive right to use such information and/or data only for the purposes set out in these Terms.
8.3. For the avoidance of doubt:
(a) Both Parties own various Intellectual Property Rights developed independently of the App and not specifically designed for use in the App. These remain with the respective Party, and nothing in these Terms constitutes a transfer thereof.
(b) Any general know-how, methodology, processes and experience ("General Knowledge") gained by either Party prior to or during the performance of these Terms does not constitute Intellectual Property Rights of the other Party, provided such General Knowledge does not constitute Confidential Information of the other Party.
8.4. You retain ownership of any Intellectual Property Rights in Merchant Content, content or logos (and any trademark relating to them) provided to Vesto for integration into the App. Vesto is granted a limited right to access and use such content or logos for performance under these Terms.
8.5. Generated Output. Ownership of Generated Output is allocated as follows: the underlying garment depiction remains subject to the Merchant's rights in the corresponding Merchant Content; the body representation is generated from Shopper Input and is made available to the Shopper on the terms in Section 7.5; and all rights in the models, pipelines and rendering technology that produce Generated Output remain with Vesto. No Party acquires rights in another Party's contribution by virtue of the combination.
8.6. Feedback. Where You voluntarily provide suggestions, feature requests or other feedback regarding the App, Vesto may use such feedback without restriction and without obligation to You.
8.7. These Terms do not limit You in any way from working on any other project, alone or with any third party, on any service related to the subject matter of Your agreement with Vesto, including another application (a "Project"). Such collaborations do not affect the rights or obligations of the Parties. You are entitled to use services related to the App for a Project without violating Vesto's pre-existing Intellectual Property Rights.
9. Intellectual property and data protection infringement
9.1. Vesto shall defend, indemnify and hold harmless the Merchant and its Authorized Users from and against any and all losses, damages, costs and expenses incurred as a result of any claim, suit or proceeding brought against them arising out of a claim that the App or the Service (or any use or other activity related thereto) infringes the Intellectual Property Rights of a third party or infringes data protection laws — save to the extent the claim arises from Merchant Content, from Shopper Input, or from a use of the App in breach of these Terms.
9.2. The Merchant shall (i) notify Vesto without undue delay in writing of any such claim, suit or proceeding, and (ii) allow Vesto to control the defense of and potentially settle such claim and provide reasonable assistance (at Vesto's expense) in connection therewith.
9.3. In the event that the App or any part thereof is held to constitute an infringement of Intellectual Property Rights, or its further use, distribution or other disposal is prohibited or restricted, Vesto shall promptly, at its own expense and at its option, either:
(a) procure the licenses necessary for the Merchant and its Authorized Users to exercise the rights granted hereunder; (b) replace the infringing element with a non-infringing element of equivalent function and performance; or (c) modify the App so that it becomes non-infringing, without detracting from its essential function or performance.
9.4. The Merchant shall defend, indemnify and hold harmless Vesto from and against any claim arising out of Merchant Content, out of the Merchant's own product, sizing or returns representations, or out of the Merchant's breach of Section 6.4.
10. Confidentiality
10.1. Each Party (including the Parties and their respective Affiliates) agrees (i) not to disclose the other Party's Confidential Information that it becomes aware of during the term to third parties without the other Party's prior consent, and (ii) not to use such Confidential Information for purposes other than performance of its obligations under these Terms. Disclosure shall be limited to those officers, employees, consultants and agents of the receiving Party who have a need to know and who are bound by confidentiality obligations no less stringent than those contained herein. These obligations survive for five (5) years from expiration or termination, except with respect to information constituting a trade secret or proprietary technical knowledge, in which case the obligations survive for so long as such information is not publicly known.
10.2. Vesto will maintain information barrier practices intended to block the exchange of a Merchant's Confidential Information — including conversion data, catalogue data and usage analytics — with any of its investors, shareholders or agents that operate in a business sector similar to that Merchant's.
10.3. The obligations in Section 10.1 do not apply to information which the receiving Party can demonstrate:
(a) is in the public domain as at the date of these Terms or subsequently enters the public domain other than as a result of a breach of law or agreement; (b) was known to the receiving Party prior to disclosure by the disclosing Party; (c) is acquired from a third party having the right to disclose it without breach of any obligation of confidence; (d) is independently developed by the receiving Party without reliance on, use of, or strategic guidance derived from any Confidential Information; or (e) the receiving Party is required to disclose by law or by any stock exchange, regulatory body, court or governmental agency, provided that, to the extent legally feasible, the receiving Party notifies the disclosing Party prior to such disclosure and cooperates in the event the disclosing Party chooses to contest it or seek confidential treatment.
11. Warranties
11.1. Vesto warrants to the Merchant that:
(a) Vesto has and will during the term maintain all Intellectual Property Rights related to the App necessary to provide the Service and to grant sufficient rights and licenses to the Merchant and its Authorized Users to use the App for their business purposes;
(b) the App does not and will not contain any malicious program code or instructions constructed with intent to damage or adversely affect any Software or the operation or business of any Authorized User;
(c) Vesto shall comply with all applicable laws and regulations in the performance of its obligations under these Terms;
(d) Vesto shall perform all of its undertakings with promptness, diligence and efficiency in a professional manner, that its personnel have the requisite skills and experience, and that it shall at all times have adequate personnel and resources for the due fulfilment of its obligations; and
(e) uploaded Shopper photographs are processed transiently and discarded as described in Section 5.1, and are not retained, used for model training, or used for identification.
11.2. The Merchant warrants to Vesto that:
(a) it has and will during the term maintain Intellectual Property Rights in the trademarks, logos, Merchant Content, data and other materials provided to Vesto sufficient to allow Vesto to perform its obligations, and grants Vesto sufficient rights and licenses to that end;
(b) it shall comply with all applicable laws and regulations in the performance of its obligations under these Terms, including consumer protection, advertising and data protection law; and
(c) it shall perform all of its undertakings with promptness, diligence and efficiency in a professional manner and shall at all times have adequate personnel and resources for the due fulfilment of its obligations.
11.3. Disclaimer. Except as expressly stated in Section 11.1, and to the maximum extent permitted by applicable law, the Service is provided "as is" and Vesto disclaims all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy of Generated Output, or uninterrupted or error-free operation. This Section 11.3 does not apply to a Shopper who is a consumer, to the extent applicable law provides otherwise.
12. Remedies for breach of warranty
12.1. Any deviation from any obligation under these Terms, in particular Section 11, is a "Default". A defaulting Party shall, at its own cost, promptly and no later than thirty (30) days from the other Party's notice, remedy any Default.
12.2. If a defaulting Party fails to remedy a Default as set out in Section 12.1, the other Party may set in writing a reasonable final deadline for rectification. If the Default has not been remedied when that deadline expires, the non-defaulting Party is entitled to terminate and to claim damages. If a Default has a material negative impact on the Service, a Party also has the right to terminate immediately.
12.3. A Party is not liable for a Default if (i) the Default results solely from an act of the other Party or the other Party's contractor and (ii) the defaulting Party has, without undue delay, notified the other Party thereof in writing stating the reasons. In any event, the defaulting Party shall provide reasonable assistance to mitigate any adverse consequences of the Default.
13. Liability
13.1. Each Party is liable for losses and damages incurred by the other Party arising from or related to the non-fulfilment of its warranties or obligations under these Terms.
13.2. Neither Party is liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of business, revenue, goodwill or anticipated savings.
13.3. Subject to Section 13.4, Vesto's aggregate liability to a Merchant arising out of or in connection with these Terms in any twelve (12) month period shall not exceed the greater of (i) the total fees paid by that Merchant to Vesto in the twelve (12) months preceding the event giving rise to the claim.
13.4. No limitation or exclusion of liability applies with respect to: (i) Sections 9 (Intellectual Property and Data Protection Infringement) and 10 (Confidentiality); (ii) claims related to death or bodily injury; (iii) claims related to tangible property damage; (iv) losses or damages caused by gross negligence or wilful misconduct; and (v) any liability that cannot be limited or excluded under applicable law.
13.5. Nothing in this Section 13 limits the rights of a Shopper who is a consumer under mandatory consumer protection law.
14. Term, suspension and termination
14.1. These Terms take effect for a Merchant on installation of the App and continue until the App is uninstalled or these Terms are terminated in accordance with this Section.
14.2. A Merchant may terminate at any time by uninstalling the App from its Shopify store. Uninstallation does not entitle the Merchant to a refund of fees already paid except as required by law.
14.3. Vesto may suspend or terminate access to the Service, in whole or in part, with immediate effect where: (i) the Merchant is in material breach of these Terms and has failed to remedy it within the period in Section 12.1; (ii) the Merchant fails to pay fees when due; (iii) continued provision would expose Vesto to legal liability or regulatory action; (iv) Vesto reasonably suspects use of the App in breach of Section 6.4(b), 6.4(c) or Section 7.3, in which case suspension may be immediate and without prior notice; or (v) Shopify terminates or suspends the Merchant's store or Vesto's app listing.
14.4. On termination, the license in Section 6.2 ends, the Widget ceases to be served on the Merchant's storefront, and each Party shall return or destroy the other's Confidential Information on request. Sections 5, 8, 9, 10, 13, 14.4, 19, 20, 22 and 23 survive termination.
14.5. Merchant account data is deleted or anonymised within 6 months of uninstallation, as further described in the Privacy Policy. Shopper photographs are not retained at any point and so are unaffected by termination.
15. Force majeure
15.1. Neither You nor Vesto is responsible for the non-performance of any obligation under these Terms to the extent that such non-performance results from a Force Majeure Event, provided the Affected Party has promptly notified the other Party in writing of its occurrence. The Affected Party shall use every endeavour to minimise the impact and duration of the Force Majeure Event at its own cost.
15.2. As soon as the Force Majeure Event ends, the Affected Party shall promptly notify the other Party in writing and resume fulfilment of its obligations.
16. Reporting adverse effects
If Vesto receives complaints or other relevant surveillance data about a Merchant's products, or about Generated Output relating to a Merchant's products, Vesto shall forward the information to that Merchant within one working day and shall provide reasonable additional information and assistance upon request.
18. How to exercise your rights
Requests can be made using the contact details in this Policy. We may ask you to verify your identity before responding. Your request should contain enough information for us to confirm that you are who you claim to be, or that you are an authorised representative. Where a request comes from an authorised representative, we may ask for evidence of a power of attorney or other valid written authority.
Please include enough detail for us to understand and respond to the request. We cannot respond, or provide Personal Information, until we have verified your identity or authority and confirmed that the information relates to you.
17. Third-party platforms
17.1. The Service depends on third-party platforms and infrastructure providers, including Shopify and Vesto's hosting and compute providers. Vesto is not responsible for the acts, omissions, availability, pricing or terms of any such third party.
18. Assignment
Neither Party shall assign its rights or obligations under these Terms without the prior consent of the other Party. Notwithstanding the foregoing, a Merchant may assign its capacity under these Terms, entirely or partly, or delegate its obligations, upon written notice, to any of its Affiliates. Similarly, Vesto may change its corporate structure or ownership (including by sale of all or substantially all of its assets, or by merger with another company), provided that such change does not affect the quality of the Service provided under these Terms and does not negatively affect Vesto's solvency.
19. Governing law and disputes
19.1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Romania, without regard to conflict of law principles.
19.2. The Parties shall attempt to resolve any dispute amicably. Failing amicable resolution within thirty (30) days, the competent courts of Bucharest, Romania shall have exclusive jurisdiction.
19.3. Section 19.2 does not deprive a Shopper who is a consumer of the protection of the mandatory rules of the law of the country in which that Shopper is habitually resident, nor of the right to bring proceedings in the courts of that country. Consumers resident in the European Union may also use the European Commission's Online Dispute Resolution platform.
Severability
If any provision of these Terms is, or becomes, entirely or partially invalid or unenforceable, this shall not affect the validity of any other provision, which shall remain in full force and effect. To the extent permitted by law, any such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely reflects the intentions of the Parties, or, considering the meaning and purpose of these Terms, the potential intentions of the Parties had they considered the point at the time of concluding them. The foregoing applies equally where these Terms contain a regulatory gap.
21. Entire agreement and order of precedence
21.1. These Terms, together with the Privacy Policy and, where applicable, the Data Processing Agreement and any written order form, constitute the entire agreement between the Parties in respect of the Service and supersede all prior understandings.
21.2. In the event of conflict, the following order of precedence applies: (i) the Data Processing Agreement, in respect of personal data; (ii) any signed written order form; (iii) these Terms; (iv) the Documentation.
22. No waiver
A failure or delay by either Party to exercise any right under these Terms does not constitute a waiver of that right.