Terms of Service

These terms are an agreement between you and AiNDREA, Inc. ("AiNDREA", "we", "us"), 5 West 37th St., 9th Floor, New York, NY 10018. They cover aindrea.ai, the free weekly report, the free plan, pilots and paid plans (together, the "Service"). If you use the Service for a company, you agree for that company and confirm you can bind it. If you have a signed order form or enterprise agreement with us, it controls where it differs from these terms.

1. The Service

• The free weekly report: a free email and web report on a fashion category.
• The free plan: the report as your brand's own, with your store connected.
• Pilots: a 30-day trial of paid features on the terms stated when the pilot is offered.
• Paid plans: priced per category, billed monthly, with unlimited seats.

Features open over time and by category. We describe what is available on the site and in the product, and we may change or improve the Service.

2. Eligibility and accounts

You must be 18 or older and use the Service for business purposes. Keep your sign-in details secure and your account information accurate. You are responsible for activity under your account and for the people you invite to it.

3. Fees and billing

• Charges: paid plans are charged monthly in advance, at the prices shown when you subscribe, plus any applicable taxes.
• Cancellation: you can cancel any time. Cancellation takes effect at the end of the current billing month, and we don't refund partial months.
• Payments: payments are processed by Stripe.
• Price changes: we will give you at least 30 days' notice. The new price applies from your next billing month after that notice.
• Pilots: a pilot's terms, including what happens at its end, are those stated in the pilot offer.
• Non-payment: if a payment fails and isn't fixed after we notify you, we may suspend paid features.

4. Your data

• Ownership: you own the data you bring to the Service, including your store data, your Brand Graph and your answers to calls ("Your Data").
• Our license: you give us permission to host, process and use Your Data only to provide and support the Service for you.
• Separation: we keep each brand's data separate, never show your data to another customer, and never use it to serve or improve the Service for anyone else.
• Your rights to it: you confirm you have the right to connect the stores and share the data you bring.
• Privacy: our Privacy Policy explains how we handle personal information.

5. Calls, reports and generated work

• Calls are recommendations. AiNDREA's calls, reports, forecasts and drafts are recommendations and estimates based on the information available on their dates. We show the date and source of the figures behind them wherever we can, so you can check them. You decide what to make, buy, price, publish or spend, and you are responsible for those decisions. We don't guarantee any sales, margin or other result.
• Nothing happens without your approval. Nothing that spends your money or publishes in your name happens without your approval.
• Generated work: generated images and copy are labeled as generated. As between you and us, you may use the outputs we create for your brand in your business, and we assign to you whatever rights we have in them. Outputs are produced with third-party AI models, so we can't promise that every output is free of others' rights or eligible for copyright protection. Review outputs before you publish or produce them. Similar outputs may be produced for others, because AI systems can produce similar results from similar inputs.
• Our free report: you may share the free weekly report with attribution to AiNDREA. You may not resell it or republish it in bulk.

6. Acceptable use

Don't use the Service to break the law or anyone's rights. Also don't:

• try to get into accounts or data that aren't yours;
• copy, scrape or resell the Service or its data;
• reverse engineer it, except where the law allows;
• overload or disrupt it;
• use it to build a competing product.

7. Third-party services

When you connect another service (for example, your store, email, analytics or ad accounts), that service's own terms apply to your use of it. We are not responsible for those services.

8. Our property

AiNDREA owns the Service, its design, its market data and its methods. Apart from the rights these terms give you, we keep all rights. If you send us feedback, we may use it without obligation to you.

9. Confidentiality

Each of us will protect the other's non-public business information with reasonable care, and use it only for the purpose of the Service.

10. Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Market data comes from public sources and can be incomplete or out of date.

11. Limitation of liability

To the extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue;
• each party's total liability under these terms is limited to the fees you paid us in the 12 months before the claim, or $100 if you used only free features.

These limits apply to every claim, including claims under section 12, except your obligation to pay fees and claims arising from your breach of section 6.

12. Indemnity

• Yours: you will defend us against third-party claims arising from Your Data or from your breach of section 6, and pay the resulting damages and costs.
• Ours: we will defend you against third-party claims that the Service, as we provide it, infringes their US intellectual property, and pay the resulting damages and costs. This doesn't cover claims arising from:
  • generated images, copy or other outputs;
  • third-party AI models or other third-party services;
  • Your Data;
  • your changes to the Service, or your use of it with something we didn't provide;
  • continued use after we tell you to stop.
• If the Service is claimed to infringe: we may change it so it doesn't, get you the right to keep using it, or end your subscription and refund any fees you prepaid for the unused period. This section states our whole responsibility for infringement claims.
• How it works: the party asking for protection must tell the other promptly, let it control the defense and settlement, and help reasonably.

13. Term and termination

• Ending use: you can stop using the Service and close your account at any time.
• Our right to end it: we may suspend or end your access if you materially breach these terms and don't fix it within 15 days of notice, or immediately where needed to protect the Service or others.
• Getting your data out: when your account closes, you can export Your Data for 30 days. We finish deleting it within 90 days of closure, as described in the Privacy Policy. If you ask us to delete it immediately, there is no export window.
• What survives: sections 4, 8, 9, 10, 11, 12 and 14 survive.

14. General

• Governing law and courts: these terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Disputes go to the state or federal courts located in the State of Delaware.
• Changes to these terms: we may update these terms. For significant changes, we will tell account holders at least 30 days before they take effect. Continuing to use the Service after that means you accept them.
• Notices: we send notices by email to your account; you can reach us at [email protected].
• The rest: these terms and any order form are the whole agreement. If a part is unenforceable, the rest still applies. Not enforcing a term is not a waiver. Neither party may assign these terms without consent, except as part of a merger or sale.