Bandy.ai

Bandy AI Terms of Service

Effective Date: July 25, 2025

Overview

mR4kD5

If you do not agree with these Terms, you must not use the Service or Site. For further details, review our Privacy Policy or contact us at [email protected].

1. Eligibility and Access

1.1 Who Can Use the Service

To use the Service, you must:

  • Be at least 18 years old or have reached the age of majority in your jurisdiction.
  • Have the authority to bind any organization you represent.

By using the Service, you represent and warrant that you meet these eligibility requirements.

1.2 Account Management

Certain features require creating an account (“Account”). You agree to:

  • Provide accurate, complete, and current information during registration.
  • Update your information as needed to maintain accuracy.
  • Safeguard your Account credentials and prevent unauthorized access.
  • X269rR
  • You are solely responsible for all activities under your Account.

2. Client Content

2.1 Ownership and Responsibility

You retain ownership of all content you upload or generate through the Service, such as images, designs, or graphics (“Client Content”). You are solely responsible for ensuring Client Content complies with these Terms, applicable laws, and third-party rights.

3. Content Restrictions

To maintain a safe, ethical, and responsible platform, we enforce the following restrictions on all content generated, uploaded, or shared through the Service, including Client Content and Licensed Photos.

3.1 Prohibited Content

You must not generate, upload, or share content that:

  • Promotes or facilitates illegal activities, including but not limited to fraud, violence, or the sale of illegal goods or services.
  • Incites hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Is pornographic, sexually explicit, or obscene, including depictions of sexual abuse, child exploitation, or animal cruelty.
  • Infringes intellectual property rights, such as copyrights, trademarks, or trade secrets of others.
  • Is intentionally false, misleading, or deceptive, particularly when presented as factual.
  • Discloses personal or confidential information without explicit consent, violating privacy rights.
  • Constitutes hate speech, promoting hostility or discrimination toward individuals or groups based on protected characteristics.
  • Targets individuals or groups with the intent to harass, threaten, or bully.
  • Promotes or glorifies self-harm, suicide, or other dangerous behaviors.
  • Contains spam, malware, viruses, or content designed to phish, scam, or harm users or the Service.
  • Impersonates individuals, organizations, or entities misleadingly or deceptively.

3.2 AI-Specific Restrictions

As the Service uses AI to generate Licensed Photos, you must:

  • Do not input sensitive personal data (e.g., racial or ethnic origins, political opinions, religious beliefs, health data, or sexual orientation) into our AI tools.
  • Do not use AI tools to generate content that violates the prohibitions in Section 3.1.

3.3 Enforcement

We reserve the right to:

  • Remove any content that violates these restrictions.
  • Suspend or terminate Accounts involved in violations.
  • Report illegal activities to the appropriate authorities.
  • Take any other action deemed necessary to protect the Service and its users.

4. Service Usage

4.1 License Grant

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service to generate and use photorealistic fashion product images (“Licensed Photos”) for your apparel or e-commerce business, subject to these Terms and an active subscription.

4.2 Prohibited Activities

You must NOT:

  • Use the Service for illegal, unauthorized, or non-commercial purposes unrelated to your business.
  • Attempt to reverse-engineer, decompile, or extract the Service’s source code.
  • Use automated tools (e.g., bots, scrapers) to access or interact with the Service.
  • Interfere with or disrupt the Service or its infrastructure.
  • Share Account credentials with unauthorized parties.
  • Use Licensed Photos beyond the permitted scope.We may suspend or terminate your access for violations.

4.3 Service Modifications

We may update or modify the Service, including features or availability, without prior notice. For material changes affecting core functionality, we will notify you via the Site, Service, or email. We reserve the right to discontinue features or the entire Service, providing notice where feasible.

5. Intellectual Property

5.1 Bandy AI Property

All rights, title, and interest in the Service, Site, and Licensed Photos (excluding Client Content), including software, designs, trademarks, and underlying technology, are owned by us or our licensors. These Terms grant no ownership rights, only the limited license described herein.

5.2 Licensed Photos Usage

You may use Licensed Photos for your apparel or e-commerce business for one brand, valid for the longer of: (i) two years from the date of generation, or (ii) the duration of your active subscription. You may not sublicense, transfer, or use Licensed Photos for other purposes.

5.3 Client Feedback

Any feedback, suggestions, or ideas you provide (“Feedback”) become our sole property. We may use Feedback without restriction or compensation to you.

5.4 Intellectual Property Disputes

If we believe the Service may infringe third-party rights, we may, at our discretion:

  • Obtain rights for continued use.
  • Modify the Service to avoid infringement.
  • Terminate access and provide a prorated refund of Fees for the unused subscription term.

This section represents our sole liability for intellectual property infringement claims.

6. Payment and Subscriptions

6.1 Subscription Fees

Access to premium features requires payment of fees (“Fees”) as specified in your order form (“Order Form”). Fees are quoted in US dollars and are non-refundable unless otherwise stated or required by law.

6.2 Billing and Renewal

  • You authorize us and our third-party payment processors to charge Fees to your selected payment method.
  • Subscriptions automatically renew unless canceled through your Account settings before the renewal date.
  • We may adjust Fees with notice, effective at the start of the next subscription term.
  • Unused credits or allowances do not carry over to subsequent terms unless specified in the Order Form.

6.3 Taxes

Fees exclude applicable taxes, which you are responsible for paying. If tax withholding is required, notify us at [email protected], and applicable taxes will be added to the Fees.

7. Data and Privacy

7.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms.

7.2 AI Technology

The Service relies on artificial intelligence to generate Licensed Photos. While we strive for accuracy and quality, outputs may contain limitations, inaccuracies, or biases beyond our reasonable control. You are responsible for reviewing Licensed Photos for suitability.

7.3 Anonymized Data

We may collect and use anonymized, aggregated data derived from your use of the Service to improve, analyze, and market the Service. Such data will not identify you or your Clients.

8. Third-Party Services

8.1 Third-Party Involvement

The Service may rely on third-party providers to support its operations and functionality. We may change or update these providers at our discretion without notice.

8.2 Third-Party Integrations

The Service may connect with or integrate third-party services, such as payment processors or other tools. We are not responsible for the performance, security, reliability, or legal compliance of these third-party services, and you use them at your own risk.

9. Termination and Suspension

9.1 Termination by You

You may cancel your subscription via your Account settings, with termination effective at the end of the current subscription term. No refunds will be issued for partial terms unless required by law.

9.2 Termination or Suspension by Us

We may suspend or terminate your access to the Service, with or without notice, if you:

  • Breach these Terms or applicable laws.
  • Fail to pay Fees when due.
  • Use the Service in a manner that poses a security risk, causes harm, or creates liability for us or others.

9.3 Effects of Termination

Upon termination:

  • Your access to the Service and Licensed Photos ceases immediately.
  • You must export your Client Content prior to termination, as we may delete it afterward, subject to legal retention requirements.
  • Obligations related to payments, intellectual property, confidentiality, and indemnification survive termination.

10. Confidentiality

10.1 Confidential Information

“Confidential Information” means non-public business, technical, or product information disclosed under these Terms. The receiving party must:

  • Protect Confidential Information with at least reasonable care.
  • Not disclose it without prior written consent, except as required by law.
  • Use it only to fulfill obligations under these Terms.

This obligation survives for seven years after termination or longer if required by applicable law.

10.2 Exceptions

Confidential Information does not include information that:

  • Is publicly available without breach of these Terms.
  • Was known to the receiving party prior to disclosure.
  • Is received from a third party without confidentiality obligations.
  • Is independently developed without using the disclosing party’s Confidential Information.

11. Warranties and Liability

11.1 Disclaimer of Warranties

The Service and Licensed Photos are provided “as is” and “as available” without warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or meet your specific needs.

11.2 Limitation of Liability

To the fullest extent permitted by law:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
  • Our total liability for any claims arising from these Terms or the Service is limited to the Fees you paid in the six months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

  • Your Client Content is infringing third-party rights.
  • Your misuse of the Service.
  • Your violation of these Terms or applicable laws.

13. Miscellaneous Provisions

13.1 Amendments

We may update these Terms by posting a revised version at https://bandy.ai/terms-of-service. Material changes will be notified via the Site, Service, or email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13.2 Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Disputes shall be resolved exclusively in the state or federal courts in Wilmington, Delaware. Parties agree to attempt amicable resolution before pursuing litigation.

13.3 Entire Agreement

These Terms, including the Privacy Policy, Data Processing Addendum, and any Order Form, constitute the entire agreement between you and us, superseding all prior agreements or understandings.

13.4 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be reformed to the extent necessary to make it enforceable.

13.5 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.6 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms freely without restriction.

13.7 Contact Information

For questions or concerns, contact us at: [email protected].

By accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.