Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and StudioNN Agency S.L. (NIF: B42978130; VAT: ESB42978130), domiciled in Alicante, Spain ("aimily", "we", or "Company"), operator of the platform at https://www.aimily.app ("Platform").

By accessing the Platform, creating an account, starting a trial or subscribing to any plan, you confirm that you have read, understood and accepted these Terms in full. If you act on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.

• You must be at least 18 years old (or the legal age of majority in your jurisdiction, if higher) to use the Platform.
• If acting on behalf of an organisation, you warrant that you have sufficient authority to enter into contracts on its behalf.
• The Platform is not directed at minors under 18. aimily does not knowingly collect data from minors.

2. Description of Service

aimily is a technology platform for fashion collection management and AI-assisted design. Core features include, without limitation:

• Planning and management of fashion and footwear collections (Creative, Merchandising, Design & Development, and Marketing blocks).
• Generation of sketches, colorisations and photorealistic 3D renders via third-party AI models.
• Range Plan management, SKUs, Tech Packs and collection calendars.
• Margin analysis tools, financial projections and marketing campaign planning.

aimily is a technology tool supporting the creative and management process. It is NOT a design agency, does not provide fashion consulting, and does not act as manufacturer, distributor, licensor or commercial intermediary of any physical product.

3. User Accounts

An account is required to access Platform features. You are solely responsible for:

• Providing truthful, complete and up-to-date registration information.
• Maintaining the confidentiality of your access credentials.
• All activities carried out under your account.
• Notifying aimily immediately at legal@aimily.app of any unauthorised use of your account.

aimily shall not be liable for any damages arising from the User's failure to comply with these obligations.

4. Subscriptions & Billing

Access to advanced features requires a subscription plan. Available plans:

• Trial — 14 days of full access to all features at no cost. No credit card required to start.
• Starter — €199/month (or €159/month billed annually). Includes the full AI toolset.
• Professional — €599/month (or €479/month billed annually). Includes advanced collaboration features and greater usage scale.
• Enterprise — Custom pricing (minimum €1,500/month). For organisations with specific scale, security and dedicated support needs.

All prices are in EUR, exclusive of VAT. Applicable VAT is calculated and applied automatically by Stripe Tax based on the User's tax jurisdiction. Payments are processed exclusively by Stripe, Inc.

Subscription plans renew automatically at the end of each billing period (monthly or annual) unless the User cancels before the renewal date.

4.1 Cancellation

You may cancel your subscription at any time from your account settings or via the Stripe customer portal. Upon cancellation:

• You retain access until the end of your current paid billing period.
• Money-back guarantee: within the first 7 days after your first paid charge, you may request a full refund if aimily is not the right fit — write to hello@aimily.app. After day 7, no refunds are provided for unused portions of a billing period; cancelling stops future charges. The EU 14-day right of withdrawal under Directive 2011/83/EU still applies where the service has not been used.
• After the period ends, your account becomes read-only. Data is retained for 30 additional days before permanent deletion.

4.2 Account Deletion

You may permanently delete your account and all associated data from your account settings. This action is irreversible. Your active subscription will be cancelled immediately with no refund for remaining time, and your Stripe customer profile will be deleted.

5. Intellectual Property — User Content

You retain at all times the ownership and all intellectual property rights over: (i) files, images, reference photos and other content you upload to the Platform ("User Content"); and (ii) outputs generated by AI models as a result of processing such User Content ("Outputs").

• aimily does NOT claim any ownership right over User Content or Outputs.
• aimily does NOT use User Content or Outputs to train, fine-tune or improve AI models, beyond what is strictly necessary to deliver the current service session.
• You grant aimily a limited, non-exclusive, non-transferable, revocable, royalty-free licence to process User Content solely to provide the contracted services.
• You are solely responsible for ensuring you hold all rights, licences and authorisations required over the content you upload.
• aimily owns all rights in the Platform, its source code, design, brand, logos and technical documentation. Nothing in these Terms transfers any such rights to the User.

6. AI-Generated Content — Critical Legal Notices

This section contains essential liability limitations that the User must read and understand in full before using AI image-generation or AI-assisted design features.

aimily's sketch generation, colourisation and 3D render features operate via third-party AI models (currently OpenAI, Google and Anthropic). The operation of those models and the nature of their outputs are governed exclusively by those providers' terms and policies, not by aimily.

• Outputs are generated by third-party AI models, not by aimily. aimily acts as a technological interface to those models with no creative input of its own.
• Outputs are provided "as is" exclusively for inspiration and creative assistance purposes. They do not constitute finished designs, marketable products or functional equivalents of professional design work.
• aimily makes NO warranty or representation that Outputs are original, unique, novel, non-infringing of third-party rights, or fit for any specific commercial or production purpose.
• aimily makes NO warranty that Outputs are automatically protected by copyright, registered industrial designs or other intellectual property rights in any jurisdiction.
• Outputs may inadvertently and unintentionally resemble designs, garments, collections, trade marks, logos, trade dress or other pre-existing works protected by third-party rights. This risk is inherent to the statistical operation of generative AI models and cannot be eliminated by aimily.
• The User is the SOLE AND EXCLUSIVE party responsible for conducting, prior to any manufacturing, production, commercialisation, export or public communication, all IP clearance searches and diligences necessary, including without limitation: trade mark searches (national, EU, international), patents and utility models, registered and unregistered industrial designs, copyright, and trade dress protection.
• The User is the SOLE AND EXCLUSIVE party responsible for complying with all applicable laws on trade marks, patents, industrial designs, copyright and unfair competition, both in Spain and in any country where the User commercialises or distributes products derived from Outputs.
• aimily acts exclusively as a technological creative-assistance tool. It shall not be construed as co-designer, co-author, manufacturer, distributor or joint tortfeasor in respect of any physical or digital product manufactured, commercialised or distributed by the User based on Outputs.
• aimily has no control over the User's manufacturing process, supply chain, distribution channels or markets, and accepts no liability arising from such activities.

7. Prohibited Uses

The User expressly agrees NOT to use the Platform for any of the following purposes:

• Manufacturing, distributing, commercialising or facilitating the counterfeiting of fashion products, footwear or any other items, including the unauthorised reproduction of registered trade marks, logos, distinctive designs or trade dress belonging to third parties.
• Uploading to the Platform images, photographs or any other content over which the User does not hold the necessary usage rights, including photographs of third-party collections, copyrighted images or illicitly obtained content.
• Generating Outputs that reproduce, imitate or are substantially similar to designs protected by third-party IP or industrial property rights, with the intention of commercialising them without authorisation.
• Engaging in any illegal, fraudulent, misleading or deceptive activity, or any activity that infringes third-party rights or applicable unfair competition regulations.
• Reverse engineering, decompiling, disassembling or attempting to obtain the source code of the Platform or any of its components.
• Using automated tools (bots, scrapers, crawlers) to extract data, content or Outputs from the Platform in a bulk or systematic manner.
• Circumventing, disabling or manipulating any security mechanism, authentication or access control of the Platform.
• Transmitting through the Platform malicious code, viruses, malware, ransomware or any other harmful element.
• Reselling, sublicensing or transferring Platform access to third parties without aimily's express prior written consent.

8. User Warranties and Representations

By using the Platform, the User expressly represents and warrants that:

• You hold all rights, licences and authorisations required over the content you upload, including image rights over photographs of persons that may appear therein.
• You will not use Outputs generated by aimily to manufacture or commercialise counterfeit products, or to infringe third-party intellectual or industrial property rights.
• You will conduct all necessary IP clearance searches and diligences before initiating any production or commercialisation process based on Outputs.
• You understand and accept that Outputs are inspiration and creative-assistance material, not finished designs ready for direct production, and that the responsibility for validating their commercial and legal suitability rests exclusively with you.
• You will at all times comply with applicable law in your jurisdiction in relation to your use of the Platform and the commercialisation of products derived from Outputs.

9. Indemnification

You agree to defend, indemnify and hold harmless StudioNN Agency S.L. and its officers, employees, agents, partners and licensors (collectively, "Indemnified Parties") against any claim, demand, proceeding, damage, loss, cost, fine or expense (including reasonable attorneys' fees) arising out of or related to:

• User Content uploaded to the Platform, including any allegation that such content infringes intellectual property rights, image rights or other third-party rights.
• Your use of Outputs generated by aimily, including manufacturing, distributing, commercialising, exporting or publicly communicating products derived from those Outputs.
• Your violation of any provision of these Terms or applicable law.
• Any third-party claim for infringement of trade marks, industrial designs, copyright, patents, trade dress or any other IP right, arising from products manufactured or commercialised by you based on Outputs.
• Damages caused to third parties as a result of defective or non-conforming products manufactured by you.

This indemnification obligation shall survive termination of these Terms and the contractual relationship between the parties.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• aimily's total and cumulative liability to the User for any cause, regardless of the form of action (contractual, tortious or other), shall be limited to the amounts actually paid by the User to aimily during the twelve (12) months immediately preceding the event giving rise to the claim, or €100 (one hundred euros), whichever is greater.
• In no event shall aimily be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including, without limitation, loss of profits, loss of data, loss of reputation or goodwill, loss of business opportunities or costs of obtaining substitute services, even if aimily had been informed of the possibility of such damages.
• aimily assumes no liability for third-party claims against the User arising from IP rights in products manufactured or commercialised based on Outputs.
• aimily assumes no liability for business losses, lost profits or commercial damages arising from suspension, interruption or termination of the service.
• aimily assumes no liability for unauthorised access to the User's account attributable to the User's failure to comply with their security obligations.
• aimily does not control and is not responsible for the behaviour, biases, errors or outputs of third-party AI models (OpenAI, Google, Anthropic) accessible through the Platform.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In those cases, the above limitations apply to the maximum extent permitted by local law. The statutory rights of consumers recognised by Spanish law and European Union law are not affected by these limitations.

11. Disclaimer of Warranties

The Platform and all its services, content and features are provided "as is" and "as available", without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, aimily expressly disclaims:

• All implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or non-infringement of third-party rights.
• All warranties that the Platform will be available uninterrupted, error-free or free of viruses or other harmful components.
• All warranties as to the accuracy, completeness, reliability, timeliness or suitability of Outputs generated by third-party AI models.
• All warranties that Outputs are original, unique, non-infringing or fit for production or commercialisation.
• All warranties of economic, commercial or creative results arising from use of the Platform.

12. Third-Party Services

The Platform integrates services provided by third-party providers. Use of those services is subject to their respective terms and conditions, which the User should review directly:

• Generative AI models: OpenAI, Inc. (GPT Image / DALL·E), Google LLC (Gemini) and Anthropic PBC (Claude). aimily does not control those models or their outputs and accepts no liability for their behaviour.
• Payment processing: Stripe, Inc. Payment data is managed exclusively by Stripe pursuant to its terms and privacy policy.
• Hosting and database infrastructure: Vercel, Inc. (hosting and CDN) and Supabase (Supabase, Inc.) (database and authentication).
• Transactional communications: Resend, Inc. (email delivery).

aimily does not guarantee the continuous availability of any of these third-party services and assumes no liability for interruptions, errors or changes to their terms that may affect the Platform.

13. Data Protection & Privacy

The processing of the User's personal data is governed by aimily's Privacy Policy, available at https://www.aimily.app/privacy, incorporated into these Terms by reference.

• StudioNN Agency S.L. acts as data controller for the personal data of its users, in compliance with Regulation (EU) 2016/679 (GDPR), Spanish Organic Law 3/2018 (LOPDGDD) and Law 34/2002 on Information Society Services (LSSI-CE).
• Users in the European Economic Area hold the rights of access, rectification, erasure, objection, restriction of processing and portability recognised under the GDPR.
• To exercise rights or for any data protection enquiry: legal@aimily.app. legal@aimily.app
• Users resident in the United States and Latin American countries whose laws include specific privacy provisions (such as CCPA/CPRA in California, LGPD in Brazil, Mexico's LFPDPPP, or equivalent norms) may exercise their rights under local law by contacting the same address.

14. Termination

aimily reserves the right to suspend or terminate User access to the Platform, with or without prior notice, in the following circumstances:

• Material or repeated breach of these Terms.
• Use of the Platform for illegal, fraudulent or harmful activities against third parties or aimily.
• Non-payment of applicable subscription fees.
• Where required by court order, administrative decision or legal obligation.

The User may terminate the contractual relationship by cancelling their subscription and deleting their account at any time, as provided in Section 4.

Upon termination for any reason, the following sections shall survive in full force: Section 5 (Intellectual Property), Section 6 (AI-Generated Content), Section 9 (Indemnification), Section 10 (Limitation of Liability), Section 11 (Disclaimer of Warranties) and Section 15 (Governing Law and Dispute Resolution).

15. Governing Law and Dispute Resolution

These Terms are governed in all respects by Spanish law and, where applicable, by European Union law.

15.1 EU / EEA Users

For Users habitually resident in the EU/EEA, any dispute arising out of or in connection with these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the Courts of Alicante, Spain. The mandatory consumer protection rights of the User's Member State of residence are not affected.

15.2 United States Users

For Users accessing the Platform from the United States, these Terms are governed by Spanish law, excluding its conflict of laws rules. To the maximum extent permitted by applicable law, the User expressly waives: (i) the right to a jury trial; and (ii) the right to initiate or participate in class action proceedings against aimily. Any dispute shall be resolved before the Courts of Alicante, Spain, or alternatively, by international arbitration under the ICC Rules, with proceedings in Spanish or English at aimily's election.

15.3 Latin America Users

For Users accessing the Platform from Latin American countries (including without limitation Mexico, Argentina, Colombia, Chile, Peru, Brazil and other countries in the region), these Terms are governed by Spanish law. Any dispute shall be submitted to the Courts of Alicante, Spain, without prejudice to consumer protection rights that local law may grant the User.

Alternative dispute resolution: EU consumers have the right to use the European Commission's Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr). aimily's contact address for this purpose is: legal@aimily.app.

16. Severability

If any provision of these Terms is declared void, invalid or unenforceable by a competent court, that provision shall be amended to the minimum extent necessary to make it valid and enforceable, or if not possible, shall be deemed severed. In any case, the invalidity or unenforceability of one clause shall not affect the validity and effectiveness of the remaining Terms, which shall continue in full force.

17. Entire Agreement

These Terms, together with aimily's Privacy Policy and Cookie Policy, constitute the entire agreement between the User and StudioNN Agency S.L. regarding use of the Platform, and supersede all prior agreements, negotiations, representations and understandings, whether oral or written, between the parties on such subject matter.

18. Modifications to the Terms

aimily reserves the right to modify these Terms at any time. For material changes, aimily will notify the User with a minimum of thirty (30) calendar days' prior notice by: (i) an email to the registered contact address on their account; and/or (ii) a prominent notice on the Platform.

After the notice period, continued use of the Platform by the User shall constitute full and irrevocable acceptance of the modified Terms. If the User does not accept the changes, they must cease using the Platform and cancel their subscription before the new Terms take effect. Non-material changes (typographical corrections, editorial clarifications) take effect immediately.

19. Contact

For any queries, complaints or notices regarding these Terms, please contact aimily:

• Email: legal@aimily.app
• Legal entity: StudioNN Agency S.L.
• NIF: B42978130 | VAT: ESB42978130
• Registered office: Alicante, Spain
• Platform: https://www.aimily.app

StudioNN Agency S.L. is registered in the Spanish Mercantile Registry in accordance with applicable Spanish law.