Brand Partner Terms & Conditions

"Platform" means The Changing Room's AI-powered virtual try-on technology, APIs, embeddable widgets, and associated services.

"Brand Partner" means any business entity that accesses the Platform via a subscription plan for commercial purposes.

"End User" means any individual who uses the virtual try-on widget embedded on a Brand Partner's digital property.

"User Content" means photographs and other materials uploaded by End Users to the Platform.

"Session Data" means analytics and interaction data generated during End User sessions with the Platform.

Subject to the terms of this Agreement and payment of applicable fees, EIVRDAY, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to:

• Embed the Platform widget on your owned and operated digital properties (websites, mobile apps);
• Provide End Users access to the Platform through your embedded integration;
• Use Platform-generated content (try-on images) in connection with your products for commercial marketing purposes, subject to Section 6.

This license does not permit resale, sublicensing, or white-labeling except under an Enterprise agreement.

3.1 Data Controller Relationship. With respect to End User data collected through your embedded widget, you are the Data Controller and EIVRDAY, Inc. acts as Data Processor under the General Data Protection Regulation (GDPR) and applicable data protection laws.

3.2 Brand Partner Obligations. You must:

• Obtain valid, explicit informed consent from End Users prior to initiating the try-on experience, specifically disclosing that their photo will be processed by AI;
• Maintain and publish a compliant Privacy Policy on your digital properties that discloses the use of The Changing Room technology;
• Provide End Users with clear mechanisms to exercise their rights under GDPR (access, rectification, erasure, portability, objection);
• Notify us within 48 hours of becoming aware of any data breach involving End User data processed through our Platform;
• Not use the Platform to collect biometric data for purposes beyond the stated try-on functionality.

3.3 Our Data Practices. EIVRDAY, Inc. processes End User photos solely to generate the requested virtual try-on output. Photos are processed in real-time and are not retained beyond the active session unless the End User explicitly saves their result. We do not sell, lease, or transfer biometric data to third parties.

3.4 Data Processing Agreement. Enterprise Brand Partners will receive a signed Data Processing Agreement (DPA). Starter and Growth partners are subject to our standard DPA incorporated by reference into this Agreement, available upon request.

3.5 International Transfers. If you operate outside the European Economic Area (EEA), you acknowledge that data may be transferred to and processed in jurisdictions with different data protection standards. We implement Standard Contractual Clauses (SCCs) as required.

You agree not to use the Platform to:

• Generate content involving minors in any sexualized context;
• Produce misleading, defamatory, or fraudulent depictions of real individuals;
• Circumvent age verification systems or present adult content to users under 18;
• Harvest, scrape, or re-identify individuals from generated images;
• Train competing AI models using Platform outputs;
• Use the Platform in any manner that violates applicable laws or regulations, including consumer protection, advertising standards, and intellectual property laws.

Violations of this policy may result in immediate suspension without refund and potential legal action.

5.1 Brand Partners using the Platform for influencer campaigns acknowledge that the influencer's generated try-on images may include their personal likeness and are subject to the influencer's own consent.

5.2 It is the Brand Partner's sole responsibility to obtain appropriate model releases, usage rights, and disclosure agreements from influencers prior to using generated content in advertising.

5.3 Any commercial use of try-on images featuring identifiable individuals must comply with applicable advertising disclosure laws (e.g., FTC guidelines, ASA standards).

5.4 EIVRDAY, Inc. provides no warranty that generated images are suitable for specific advertising placements and accepts no liability for Brand Partner use of generated content in marketing campaigns.

6.1 EIVRDAY, Inc. retains all intellectual property rights in the Platform, underlying AI models, and technology infrastructure.

6.2 You retain all rights in your product images, brand assets, and product descriptions you provide to the Platform.

6.3 Generated try-on images are considered derivative works. You receive a commercial license to use such images for marketing your products. You may not claim copyright ownership over generated images, nor use them to train competing AI systems.

6.4 You grant EIVRDAY, Inc. a limited, non-exclusive license to use anonymized, aggregated session data and non-identifiable generated outputs to improve the Platform's AI models.

7.1 Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan.

7.2 All fees are non-refundable except as required by law or as expressly stated in your order form.

7.3 You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Access to the Platform continues until the period end.

7.4 Overage charges apply if you exceed session limits on your plan. We will notify you at 80% and 100% of your session limit each billing period.

7.5 EIVRDAY, Inc. reserves the right to modify pricing with 30 days' written notice to existing subscribers.

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIVRDAY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Platform will be uninterrupted or error-free; (b) generated images will be accurate or suitable for all intended uses; (c) the Platform will meet your specific business requirements.

TO THE FULLEST EXTENT PERMITTED BY LAW, EIVRDAY, INC.'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL EIVRDAY, INC. BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless EIVRDAY, Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform in violation of this Agreement;
• Your failure to obtain required consents from End Users or influencers;
• Any breach of your data protection obligations under Section 3;
• Any third-party claim arising from your marketing use of generated content.

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with this Agreement, including but not limited to pricing, technical specifications, and business plans, and to use such information only for the purposes of this Agreement.

This obligation does not apply to information that is: (a) publicly available through no fault of the receiving party; (b) independently developed without reference to confidential information; or (c) required to be disclosed by law or court order.

This Agreement commences on your acceptance and continues until terminated. Either party may terminate with 30 days' notice. EIVRDAY, Inc. may terminate immediately upon material breach, non-payment, or use of the Platform in violation of applicable law.

Upon termination: your license to embed the Platform widget terminates; you must remove all embed code from your properties within 7 days; all confidentiality and indemnification obligations survive termination.

This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from this Agreement shall first be subject to good-faith negotiation for 30 days. If unresolved, disputes shall be settled by binding arbitration under the AAA Commercial Arbitration Rules. The prevailing party shall be entitled to recover reasonable legal fees.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the registered Brand Partner contact at least 30 days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

For legal notices, data protection inquiries, or compliance questions, please contact: