TERMS OF SERVICE FOR DEZN.AI

1. INTRODUCTION

Welcome to DEZN.ai ("Platform"), a B2B AI-powered fashion design assistant. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Designer," "User," or "You") and DEZN AI ("Company," "We," or "Us").

By accessing or using the Platform, you certify that you are a professional designer or authorized business representative and are at least 18 years of age.

2. DEFINITIONS

"Client": The end-customer of the Designer whose photos or measurements are processed on the Platform.

"Input Data": Photos, text prompts, measurements, and preferences uploaded by the Designer.

"Generated Output": The AI-generated fashion images and designs created by the Platform.

"Minor": Any individual under the age of eighteen (18) years.

"Data Fiduciary": As defined in the DPDP Act 2023, the entity determining the purpose of processing (here, the Designer).

"Data Processor": As defined in the DPDP Act 2023, the entity processing data on behalf of the Fiduciary (here, the Company).

3. DATA PROTECTION AND ROLE OF PARTIES

3.1 Designer as Data Fiduciary

You acknowledge that in relation to any Client personal data (including facial images and measurements) uploaded to the Platform, You are the Data Fiduciary. You are solely responsible for:

• Obtaining valid, free, specific, informed, and unambiguous consent from your Clients before uploading their data.
• Providing necessary privacy notices to your Clients.
• Ensuring compliance with the Digital Personal Data Protection Act, 2023.

3.2 Company as Data Processor

DEZN.ai acts solely as a Data Processor. We process Input Data exclusively for the purpose of generating fashion designs as instructed by you. We do not retain Client facial images beyond the active generation session.

3.3 Immediate Discard Policy (Biometric Data)

For Adult Clients, facial images uploaded for "Discovery Mode" are processed in volatile memory (RAM) and are permanently deleted from our servers immediately upon the completion of the image generation task. DEZN.ai does not maintain a database of Client facial features.

4. STRICT PROHIBITION ON MINOR'S BIOMETRIC DATA

To comply with Section 9 of the DPDP Act, 2023:

4.1 No Upload Policy: You are STRICTLY PROHIBITED from uploading photographs, facial images, or biometric data of any Minor to the Platform.

4.2 Designer Responsibility: You are solely responsible for verifying client age before uploading any facial photographs. The Platform does not provide automated age verification.

4.3 Breach of Safety: Any attempt to upload biometric data of a Minor is a material breach of these Terms. Such actions will result in immediate account termination and reporting to relevant authorities under the POCSO Act and IT Rules.

5. USER CONDUCT AND CONTENT SAFETY

5.1 Prohibited Content

You agree not to use the Platform to generate, upload, or share content that:

• Is sexually explicit, pornographic, or obscene (specifically CSAM).
• Depicts nudity or sexualized imagery of children (synthetic or real).
• Promotes hate speech, violence, or illegal acts.

5.2 Safety Filters

You acknowledge that DEZN.ai employs automated "Negative Prompting" and safety filters to prevent the generation of inappropriate content. Attempting to "jailbreak" or circumvent these filters is prohibited.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership: Subject to your compliance with these Terms, DEZN.ai assigns to you all rights, title, and interest in the Generated Output (the fashion design). You own the final image for use in your portfolio or client presentations.

6.2 Platform Rights: The Company retains all rights to the underlying AI models, algorithms, "Style DNA" methodologies, and the Platform interface.

6.3 No Training on Client Data: We covenant that Client facial inputs uploaded by you are NOT used to train, fine-tune, or improve our foundational AI models.

7. PAYMENTS AND "GEMS"

7.1 License Credits: "Gems" are virtual license credits used to meter access to the AI generation tools. They are not a digital currency and have no monetary value outside the Platform.

7.2 Non-Refundable: All purchases of Gems are final and non-refundable. Gems are non-transferable between accounts.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DEZN.ai, its officers, directors, and employees from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of:

• Your failure to obtain necessary consents from your Clients (including Parental Consent).
• Your violation of the "No Upload Policy" for Minors.
• Your use of Generated Output in violation of any applicable law.

9. DISCLAIMER OF WARRANTIES

9.1 AI Limitations: You acknowledge that the Platform uses generative AI, which is probabilistic. The Company does not guarantee that the Generated Output will be error-free, physically manufacturable, or an exact likeness of the Client.

9.2 "As Is" Basis: The Services are provided "as is" without warranties of any kind. DEZN.ai disclaims liability for "hallucinations" (AI errors) or unsatisfactory aesthetic results.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in India.

11. GRIEVANCE REDRESSAL

In accordance with the IT Rules, 2021, if you have any complaints regarding content or data privacy, please contact our Grievance Officer:

Email: support@dezn.ai