Welcome to Nouva. These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("you," "your," or "User") and Nouva ("we," "us," "our," or the "Company") governing your access to and use of the Nouva mobile application (the "App") and all related services, features, content, and functionality (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. By creating an account, downloading the App, accessing any feature, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (which is incorporated herein by reference). If you do not agree to all of these Terms, you must not use the Service.
ARBITRATION NOTICE (US USERS): THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 15, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 15 CAREFULLY.
- Definitions
- Eligibility and Account Registration
- Description of Service
- AI-Powered Features and Generated Content
- User Content and Licenses
- Subscriptions, Payments, and Billing
- Free Tier and Advertising
- Acceptable Use Policy
- Intellectual Property Rights
- Privacy and Data Protection
- Third-Party Services and Integrations
- Disclaimers and Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution and Arbitration
- Account Suspension and Termination
- Modifications to Service and Terms
- General Provisions
- Contact Us
1. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
"AI-Generated Content" means any output, including but not limited to outfit combinations, style recommendations, background-removed images, fashion embeddings, style classifications, and any other content generated by the Service's artificial intelligence and machine learning systems based on User Content or other inputs.
"App" means the Nouva mobile application, available for download on the Apple App Store and Google Play Store, including all updates, upgrades, new versions, and replacement software.
"Content" means all text, images, photographs, graphics, video, audio, data, information, and other materials, whether generated by us, by users, or by AI systems.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
"Service" means the App and all related features, tools, functionality, content, and services provided through the App.
"Subscription" means a paid subscription plan that provides access to premium features of the Service.
"User Content" means any photographs, images, text, descriptions, tags, categories, metadata, or other materials that you upload, submit, store, transmit, or otherwise make available through the Service.
2. Eligibility and Account Registration
2.1 Age Requirements
You must meet the following minimum age requirements to use the Service:
United States: You must be at least thirteen (13) years of age. If you are between 13 and 18 years of age, you must have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
United Kingdom: You must be at least thirteen (13) years of age. If you are between 13 and 18 years of age, you must have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
All Other Jurisdictions: You must be at least thirteen (13) years of age, or the minimum age required by the laws of your jurisdiction if higher.
By creating an account, you represent and warrant that: (a) you meet the applicable minimum age requirement; (b) you have the legal capacity to enter into a binding agreement; (c) you are not prohibited from using the Service under any applicable law; and (d) if you are a minor with parental permission, your parent or guardian has reviewed and agreed to these Terms.
If we learn or have reason to believe that a user does not meet the applicable age requirement, we will promptly terminate their account and delete their Personal Information in accordance with our Privacy Policy.
2.2 Account Creation and Authentication
To use the Service, you must create an account using one of our supported authentication methods: Google Sign-In or Apple Sign-In. By authenticating through these services, you authorize us to access and receive certain information from your Google or Apple account as described in our Privacy Policy.
2.3 Account Security and Responsibility
You are solely responsible for: maintaining the confidentiality and security of your account credentials; all activity that occurs under your account, whether or not authorized by you; and promptly notifying us at nouva@uniquepresident.com if you become aware of any unauthorized access to or use of your account.
We reserve the right to disable any account at any time if, in our sole judgment, we believe that you have violated any provision of these Terms or that your account security has been compromised.
2.4 Account Accuracy
You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. Providing false, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account.
2.5 One Account Per User
Each individual may maintain only one (1) active account. Creating multiple accounts for the purpose of circumventing usage limits, exploiting promotions, evading bans, or for any other abusive purpose is prohibited.
3. Description of Service
3.1 Core Features
Nouva is an AI-powered digital closet and fashion styling platform that provides the following features (which may vary by subscription tier):
Digital Closet Management. Upload photographs of your clothing items and organize them into a digital wardrobe with categories, tags, descriptions, and metadata. Your items are stored securely in the cloud and accessible across sessions.
AI-Powered Outfit Generation. Our artificial intelligence systems analyze your wardrobe items and generate coordinated outfit combinations based on fashion principles, style compatibility, and your preferences.
Style Recommendations. Receive personalized style suggestions, including outfit ideas, wardrobe gap analysis, and style trend insights based on your closet composition and interaction history.
Background Removal and Image Processing. Our on-device and cloud-based AI systems automatically process your clothing photographs to remove backgrounds, isolate garments, and enhance image quality for a cleaner closet experience.
Location-Based Features. When enabled, receive weather-appropriate outfit suggestions, discover nearby stores, and access location-relevant fashion content.
Community and Discovery. Browse fashion inspiration, discover style trends, and engage with the Nouva community features (where available).
3.2 Service Availability
The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice, for any reason, including but not limited to: scheduled and unscheduled maintenance; software updates and version releases; infrastructure upgrades; and changes to third-party service availability.
We will make reasonable efforts to provide advance notice of planned service disruptions that are expected to materially affect your use of the Service, but we are not obligated to do so.
3.3 Beta Features
From time to time, we may offer access to features that are in beta, preview, early access, or experimental status ("Beta Features"). Beta Features are provided "as is" without any warranty, may contain bugs or errors, and may be modified or discontinued at any time without notice. Your use of Beta Features is at your own risk, and you agree that we shall not be liable for any loss or damage arising from your use of Beta Features.
4. AI-Powered Features and Generated Content
4.1 How Our AI Works
The Service uses multiple artificial intelligence and machine learning technologies to power its features. These are described in detail in our Privacy Policy (Section 4). In summary:
On-device AI processing. Certain AI features, including background removal (Google ML Kit Subject Segmentation) and image categorization (Google ML Kit Image Labeling), run locally on your device. Your images are not transmitted to external servers for these operations.
Cloud-based AI processing. Other AI features, including outfit generation (powered by Fal.ai) and fashion similarity matching (powered by CLIP/PyTorch models hosted on Google Cloud), require your images to be transmitted to cloud servers for processing. By using these features, you acknowledge and consent to this processing. For full details on what data is transmitted, to whom, and how it is handled, please refer to our Privacy Policy.
4.2 Ownership and Licensing of AI-Generated Content
The ownership and licensing of AI-Generated Content is governed by the following terms:
Your license to use AI-Generated Content. We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download, and use AI-Generated Content solely for your personal, non-commercial purposes in connection with your use of the Service. For the avoidance of doubt, "personal, non-commercial purposes" includes: viewing and using AI-Generated outfit recommendations for your personal styling decisions; saving AI-Generated outfits within the App for your personal reference; and sharing individual AI-Generated outfit images with friends or on your personal social media accounts, provided you do not misrepresent the source (e.g., claiming an AI-generated image is a photograph you took).
No copyright claim by Nouva on AI outputs. We do not claim copyright ownership over AI-Generated Content that is created specifically for you based on your User Content. The legal status of AI-generated works under copyright law is evolving, and we make no representations about whether AI-Generated Content is protectable under copyright law in any jurisdiction.
Nouva's IP in AI systems. While we do not claim ownership of AI outputs, the underlying AI models, algorithms, training data (to the extent it does not contain your Personal Information), software, systems architecture, and methods used to generate AI-Generated Content are and remain the exclusive Intellectual Property of Nouva and/or our licensors. Nothing in these Terms grants you any right, title, or interest in our AI systems.
No guarantee of uniqueness or exclusivity. AI-Generated Content is produced by machine learning models that may generate similar or identical outputs for different users given similar inputs. You acknowledge that AI-Generated Content is not guaranteed to be unique, original, or exclusive to you, and that other users may receive the same or substantially similar recommendations.
Restrictions on AI-Generated Content. You may not: resell, license, distribute, or commercially exploit AI-Generated Content; use AI-Generated Content to create competing products or services; claim that AI-Generated Content was created by a human when it was not; use AI-Generated Content in a manner that is misleading, deceptive, defamatory, or harmful; remove, alter, or obscure any attribution or notices associated with AI-Generated Content; or use AI-Generated Content to train, fine-tune, or develop other AI or machine learning models.
4.3 License You Grant Us for AI Processing
By uploading photographs and other User Content to the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to process your User Content through our AI and machine learning systems solely for the purpose of providing you with the Service's features. This license specifically includes the right to: transmit your images to our cloud servers and third-party AI processors (Fal.ai) for processing; generate fashion embeddings, segmentation data, outfit combinations, and other AI-Generated Content from your images; store the resulting AI-Generated Content in your account; and display AI-Generated Content to you within the App.
Limitations on this license. This license does not include the right to: use your images or User Content to train, fine-tune, or improve general-purpose AI models (see our Privacy Policy, Section 4.4, for our AI training disclosure); share your User Content or AI-Generated Content with other users without your permission; use your User Content for purposes unrelated to delivering the Service to you; or retain your User Content or AI-Generated Content after you delete it or your account.
Termination of license. This license automatically terminates with respect to specific content when you delete that content from the Service, and terminates in its entirety when you delete your account, subject to the data retention provisions described in our Privacy Policy.
4.4 AI Disclaimers and Limitations
You acknowledge and agree that:
AI is not perfect. AI-Generated Content may contain errors, inaccuracies, or outputs that do not meet your expectations. Outfit recommendations may not reflect current fashion trends, your personal style, or the appropriateness of certain combinations for specific occasions, climates, or cultural contexts.
AI is not professional advice. AI-Generated Content, including outfit recommendations, style suggestions, and wardrobe analysis, is provided for informational and entertainment purposes only. It does not constitute professional fashion advice, personal styling consultation, or any other form of expert guidance. You should exercise your own judgment when making styling decisions.
AI outputs may be inappropriate. In rare cases, AI systems may produce outputs that are unexpected, inappropriate, or offensive. We work to minimize such occurrences but cannot guarantee their complete elimination.
You assume the risk. You use AI-Generated Content at your own risk. We disclaim all liability for any decisions you make based on AI-Generated Content (see Section 13, Limitation of Liability).
5. User Content and Licenses
5.1 Your Ownership of User Content
You retain all right, title, and ownership interest in your User Content. Nothing in these Terms transfers ownership of your photographs, descriptions, metadata, or other materials to Nouva. We do not claim any ownership interest in your User Content.
5.2 License Grant to Nouva
By uploading, submitting, or otherwise making User Content available through the Service, you grant Nouva a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, process, store, transmit, display, and modify your User Content solely as necessary to: operate, maintain, and provide the Service and its features to you; process your User Content through our AI systems as described in Section 4.3; create AI-Generated Content based on your User Content for your use; store and back up your User Content on our cloud infrastructure; display your User Content to you within the App; and improve the Service using anonymized or aggregated data only (from which no individual user can be identified).
This license is: limited to the purposes described above; terminable by you at any time by deleting the applicable content or your account; and subject to the Privacy Policy's data retention and deletion provisions.
5.3 Representations and Warranties Regarding User Content
By uploading User Content, you represent and warrant that:
You have the necessary rights. You own the User Content or have obtained all necessary licenses, permissions, rights, consents, and releases to grant the rights described in these Terms.
No infringement. Your User Content does not, and will not, infringe, misappropriate, or violate any third party's Intellectual Property Rights, privacy rights, publicity rights, or other legal rights.
No illegal or harmful content. Your User Content does not contain any material that is: unlawful, defamatory, libelous, threatening, obscene, harassing, or otherwise objectionable; harmful to minors in any way; in violation of any applicable law or regulation; or designed to deceive, mislead, or defraud others.
No unauthorized images of others. Your User Content does not contain photographs or images of other individuals without their informed consent, particularly photographs that depict identifiable individuals in a private or sensitive context.
No malicious content. Your User Content does not contain viruses, malware, spyware, or other harmful code or materials.
5.4 Content Moderation and Removal
We reserve the right, but are not obligated, to: monitor User Content for compliance with these Terms; remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms, infringes any third party's rights, or is otherwise objectionable; and take appropriate action against users who violate these Terms, including issuing warnings, suspending accounts, or terminating accounts.
We are not responsible for screening or monitoring all User Content and shall not be liable for any User Content, whether provided by you or by other users.
5.5 Content Backup
While we use commercially reasonable efforts to maintain the availability of your User Content through our cloud infrastructure (Firebase Storage and Firestore), we are not a backup or archival service. We strongly recommend that you maintain independent copies of any User Content that is important to you. We are not liable for any loss, damage, or corruption of User Content.
6. Subscriptions, Payments, and Billing
6.1 Subscription Tiers
The Service is offered in multiple tiers, which may include a free tier with limited features and advertising, and one or more premium subscription tiers with additional features and an ad-free experience. The specific features, limitations, and pricing of each tier are described within the App and may change from time to time.
6.2 Payment Processing
All payments for Subscriptions are processed through the Apple App Store (for iOS users) or Google Play Store (for Android users) via RevenueCat, our subscription management platform. We do not directly collect, process, or store your payment card information. Your payment is subject to the terms and policies of the applicable app store.
6.3 Pricing and Currency
Subscription prices are displayed in the App in your local currency as determined by the applicable app store. Prices are inclusive of applicable taxes unless otherwise stated. We reserve the right to change Subscription prices at any time, subject to the notice provisions in Section 6.6.
6.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) unless you cancel at least twenty-four (24) hours before the end of the current billing period. Renewal is charged at the then-current subscription rate, which may have changed since your initial purchase or last renewal.
6.5 Cancellation
You may cancel your Subscription at any time through the subscription management settings of the Apple App Store or Google Play Store. Cancellation takes effect at the end of the current billing period — you will retain access to premium features until your current paid period expires. We do not provide pro-rata refunds for unused portions of a billing period.
6.6 Price Changes
If we change the price of a Subscription, we will provide you with at least thirty (30) days' advance notice of the price change. The new price will apply to your next renewal period following the notice period. If you do not agree to the new price, you may cancel your Subscription before the new price takes effect.
6.7 Refunds
Refund requests are subject to the refund policies of the Apple App Store or Google Play Store, as applicable. We do not process refunds directly. If you believe you are entitled to a refund, please contact the applicable app store.
6.8 Free Trials and Promotions
We may offer free trial periods or promotional pricing from time to time. At the end of a free trial, your Subscription will automatically convert to a paid Subscription at the then-current rate unless you cancel before the trial ends. We will clearly disclose the terms of any free trial or promotion before you enroll.
7. Free Tier and Advertising
7.1 Free Tier Features
Users who do not subscribe to a premium tier may access a free version of the Service with limited features and functionality. The specific limitations of the free tier are described within the App and may change from time to time.
7.2 Advertising
The free tier of the Service is supported by advertising. Advertisements are delivered by Google Mobile Ads (AdMob) and may be personalized based on your device's advertising identifier and general usage patterns. We do not share your closet images, wardrobe data, or AI-Generated Content with advertising networks. You can manage your advertising preferences through your device's settings. For details on how advertising data is collected and used, please refer to our Privacy Policy (Section 17).
7.3 Upgrading
You may upgrade from the free tier to a premium Subscription at any time through the App.
8. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
8.1 General Prohibitions
Illegal activity. Use the Service for any purpose that is illegal under applicable local, state, national, or international law or regulation, or to facilitate, promote, or encourage any illegal activity.
Harmful content. Upload, transmit, or distribute User Content that is defamatory, obscene, pornographic, vulgar, offensive, threatening, harassing, hateful, discriminatory, or that promotes violence or harm against any individual or group.
Infringement. Upload, transmit, or distribute User Content that infringes, misappropriates, or violates any third party's Intellectual Property Rights, rights of privacy, rights of publicity, or other proprietary rights.
Unauthorized images. Upload photographs or images of other individuals without their informed consent, particularly images of minors.
Impersonation. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including using another person's account without their permission.
8.2 Technical Prohibitions
Reverse engineering. Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the App, its AI models, or any component of the Service, except to the extent such restriction is expressly prohibited by applicable law.
Circumvention. Circumvent, disable, or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of Content, or features that enforce limitations on use of the Service.
Automated access. Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy, or record the Service or any Content, except as may be the result of standard search engine or Internet browser usage.
Interference. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service. This includes denial-of-service attacks, flooding, spamming, or any other activity that degrades Service availability.
AI exploitation. Attempt to extract, replicate, or reconstruct our AI models, training data, model weights, or algorithms through the Service's inputs and outputs (model extraction attacks).
8.3 Commercial Prohibitions
Unauthorized commercial use. Use the Service or AI-Generated Content for any commercial purpose without our prior written consent, including reselling or redistributing AI-Generated Content, offering styling services based on our AI outputs, or creating competing products or services.
Unauthorized access. Access or attempt to access the Service by any means other than through the interfaces provided by us, including by any automated, deceptive, or fraudulent means.
8.4 Enforcement
We reserve the right to investigate and take appropriate action in response to violations of this Acceptable Use Policy, including: issuing warnings; temporarily or permanently suspending your account; removing offending User Content; reporting violations to law enforcement authorities; and pursuing legal remedies.
9. Intellectual Property Rights
9.1 Nouva's Intellectual Property
The Service, including but not limited to the App, its design, user interface, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software code, AI models, algorithms, training methodologies, fashion embedding systems, recommendation engines, and all other Content and materials provided through the Service (collectively, "Nouva Content"), are owned by or licensed to Nouva and are protected by copyright, trademark, patent, trade secret, and other Intellectual Property Rights under United States and international laws.
Limited license to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use.
Restrictions. You may not: copy, modify, adapt, translate, or create derivative works of the App or Nouva Content; distribute, license, sell, rent, lease, or lend the App or Nouva Content; make the App or Nouva Content available over a network where it could be used by multiple devices at the same time; or use Nouva Content for any commercial purpose.
9.2 Your Intellectual Property
As stated in Section 5, you retain all ownership rights in your User Content. These Terms do not grant Nouva any ownership interest in your User Content beyond the limited license described in Section 5.2.
9.3 Trademarks
"Nouva," the Nouva logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nouva or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed in the Service are the trademarks of their respective owners.
9.4 Feedback and Suggestions
If you provide us with any feedback, suggestions, ideas, comments, improvements, or recommendations regarding the Service ("Feedback"), you hereby grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback in any manner and for any purpose, without compensation, attribution, or further consent.
You acknowledge that: Feedback does not include your User Content, Personal Information, or any information that you designate as confidential in writing; we are under no obligation to use or implement any Feedback; we may already be developing or may develop similar ideas independently; and you have no expectation of confidentiality regarding Feedback unless we agree otherwise in writing.
9.5 Copyright Infringement and DMCA
We respect the Intellectual Property Rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged copyright infringement that are reported to our designated copyright agent.
Filing a DMCA Notice. If you believe that your copyrighted work has been copied and is accessible through the Service in a way that constitutes copyright infringement, please send a written notice to our designated copyright agent at nouva@uniquepresident.com containing: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and its location within the Service; your contact information, including your address, telephone number, and email address; a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
Counter-Notification. If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated copyright agent with the information required under the DMCA.
10. Privacy and Data Protection
Your privacy is important to us. Your use of the Service is subject to our Privacy Policy, which describes in detail how we collect, use, store, share, and protect your Personal Information, including: the categories of Personal Information we collect; how your photographs are processed by AI systems; the third parties with whom we share your data; your rights regarding your Personal Information; and how to exercise those rights, including account deletion and data export.
By using the Service, you acknowledge that you have read, understood, and agree to the collection and processing of your information as described in the Privacy Policy. The Privacy Policy is incorporated into and forms part of these Terms.
11. Third-Party Services and Integrations
11.1 Third-Party Service Providers
The Service integrates with and relies upon certain third-party services, including but not limited to: Google Cloud Platform / Firebase (cloud infrastructure, authentication, database, storage, functions); Fal.ai (AI image processing); RevenueCat (subscription management); Google Mobile Ads (advertising); Apple and Google (authentication); and Google Maps / Places (location services).
Your use of the Service may be subject to the terms and conditions of these third-party services. We encourage you to review their terms. We are not responsible for the performance, availability, or practices of third-party services.
11.2 App Store Terms
The App is distributed through the Apple App Store and Google Play Store. Your download and use of the App is subject to the terms of the applicable app store, including but not limited to the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
Apple-Specific Terms. If you download the App from the Apple App Store, the following additional terms apply: these Terms are between you and Nouva, not Apple; Apple has no obligation to furnish maintenance or support services for the App; in the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund; Apple is not responsible for addressing any claims relating to the App; and Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to App Store distribution.
11.3 Links to External Content
The App may contain links to third-party websites, applications, or resources ("External Content"). External Content is not under our control, and we are not responsible for any External Content, including any information, products, or services available through External Content. The inclusion of any link does not imply endorsement by Nouva.
12. Disclaimers and Warranties
12.1 "As Is" and "As Available"
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AI-GENERATED CONTENT, AND FUNCTIONALITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; WARRANTIES THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; WARRANTIES THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND WARRANTIES THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
12.2 AI-Specific Disclaimers
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:
Accuracy. WE DO NOT WARRANT THAT AI-GENERATED OUTFIT RECOMMENDATIONS, STYLE SUGGESTIONS, OR ANY OTHER AI-GENERATED CONTENT WILL BE ACCURATE, FASHIONABLE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, OCCASION, CLIMATE, CULTURAL CONTEXT, OR PERSONAL PREFERENCE.
Completeness. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL CAPTURE ALL RELEVANT STYLE CONSIDERATIONS OR ACCOUNT FOR ALL RELEVANT FACTORS.
Reliability. AI SYSTEMS MAY PRODUCE INCONSISTENT, UNEXPECTED, OR ERRONEOUS RESULTS. THE SAME INPUT MAY PRODUCE DIFFERENT OUTPUTS AT DIFFERENT TIMES.
Safety. WHILE WE ENDEAVOR TO FILTER INAPPROPRIATE CONTENT, WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL ALWAYS BE APPROPRIATE, INOFFENSIVE, OR SAFE.
Professional Advice. AI-GENERATED CONTENT DOES NOT CONSTITUTE AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL FASHION ADVICE, PERSONAL STYLING CONSULTATION, IMAGE CONSULTING, OR ANY OTHER FORM OF PROFESSIONAL GUIDANCE. YOU SHOULD EXERCISE YOUR OWN JUDGMENT IN ALL STYLING DECISIONS.
12.3 No Warranty Regarding Third Parties
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF ANY THIRD-PARTY SERVICES, CONTENT, OR PRODUCTS ACCESSED THROUGH OR IN CONNECTION WITH THE SERVICE.
12.4 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
13. Limitation of Liability
13.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOUVA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "NOUVA PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND;
(B) LOSS OF REVENUE, PROFITS, BUSINESS, SAVINGS, OR GOODWILL;
(C) LOSS OF DATA, INCLUDING BUT NOT LIMITED TO LOSS OF USER CONTENT, AI-GENERATED CONTENT, OR WARDROBE DATA;
(D) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(E) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICE;
(F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR SYSTEMS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
(G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(H) ANY ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT; OR
(I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICE;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NOUVA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE NOUVA PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF (OR INABILITY TO USE) THE SERVICE, OR ANY CONTENT OR AI-GENERATED CONTENT, SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO NOUVA FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE NOUVA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3 Essential Purpose
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND NOUVA, AND THAT NOUVA WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.
13.4 Exceptions for UK Users
If you are a consumer in the United Kingdom, nothing in these Terms shall: exclude or limit our liability for death or personal injury caused by our negligence; exclude or limit our liability for fraud or fraudulent misrepresentation; exclude or limit any liability that cannot be excluded or limited under applicable UK law; or affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection laws of your country of residence.
13.5 Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOUVA AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14. Indemnification
14.1 Your Indemnification Obligations
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Nouva Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and investigation costs) arising out of or in connection with:
(a) your use of or access to the Service, including any data, content, or AI-Generated Content transmitted or received by you;
(b) your User Content, including but not limited to any claim that your User Content infringes, misappropriates, or violates any third party's Intellectual Property Rights, rights of privacy, rights of publicity, or other rights;
(c) your breach or alleged breach of any representation, warranty, or obligation under these Terms;
(d) your violation of any applicable law, regulation, or third-party right; and
(e) any dispute between you and another user of the Service.
14.2 Procedure
We will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide timely notice shall not relieve your indemnification obligations except to the extent you are materially prejudiced). You shall have the right to control the defense and settlement of any claim, provided that: you may not settle any claim without our prior written consent if the settlement would impose any obligation on us or admit any liability on our behalf; and we may participate in the defense at our own expense.
14.3 UK Consumer Limitation
If you are a consumer in the United Kingdom, this indemnification obligation applies only to the extent permitted by applicable consumer protection laws of your country of residence.
15. Dispute Resolution and Arbitration
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice of law or conflict of law provisions. For UK consumers, this choice of law shall not deprive you of the protection of the mandatory provisions of the consumer protection laws of your country of habitual residence.
15.2 Informal Resolution
Before initiating any formal dispute resolution proceeding, you and Nouva each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. You agree to contact us at nouva@uniquepresident.com describing the Dispute, and we will attempt to resolve it within thirty (30) days. If the Dispute is not resolved within 30 days, either party may proceed with formal dispute resolution as described below.
15.3 Binding Arbitration (US Users)
Agreement to Arbitrate. If informal resolution fails, you and Nouva agree that any Dispute will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth in Section 15.5 below. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law, and not by any state arbitration law.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA's rules and fee information are available at https://www.adr.org or by calling 1-800-778-7879.
Arbitration Location. The arbitration will take place in London, England, or at another mutually agreed-upon location. If the amount in controversy is $10,000 or less, the arbitration may be conducted entirely by telephone or video conference, at the election of the party initiating the arbitration.
Arbitrator's Authority. The arbitrator will have exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is void or voidable. The arbitrator shall have the power to grant any remedy that would be available in court, including temporary or permanent injunctive relief.
Arbitration Award. The arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.4 Class Action and Jury Trial Waiver
Class Action Waiver. YOU AND NOUVA EACH AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOUVA EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE.
If a court decides that applicable law precludes enforcement of any of this Section's limitations as to a particular claim or request for relief (such as injunctive relief), then that claim or request for relief (and only that claim or request for relief) must be severed from the arbitration and may be brought in court.
15.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may: bring an individual action in small claims court for Disputes within the court's jurisdiction; or seek temporary or preliminary injunctive relief in any court of competent jurisdiction for claims involving Intellectual Property Rights, unauthorized access to the Service, or violations of the Acceptable Use Policy, pending a final decision by the arbitrator.
15.6 UK Users
If you are a consumer in the United Kingdom: (a) the arbitration provisions in Sections 15.3 and 15.4 do not apply to you; (b) you may bring claims against us in the courts of England and Wales, or the courts of your country of habitual residence within the UK; (c) we may bring claims against you only in the courts of your country of habitual residence; and (d) nothing in these Terms limits your right to bring a complaint to your local consumer protection authority or Trading Standards.
15.7 Time Limitation
You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose, or the claim is permanently barred. This limitation does not apply to the extent prohibited by applicable law.
16. Account Suspension and Termination
16.1 Termination by You
You may terminate your account and these Terms at any time by: using the Delete Account feature in the App (Profile > Settings > Delete Account); or contacting us at nouva@uniquepresident.com to request account deletion.
Upon termination by you, we will process your data in accordance with the account deletion procedures described in our Privacy Policy (Section 11), including the 30-day grace period and permanent deletion process. If you have an active Subscription, you must also cancel it through the Apple App Store or Google Play Store to prevent further charges.
16.2 Suspension or Termination by Us
We may immediately suspend or terminate your access to the Service, without prior notice or liability (except as required by law), if: you breach any material provision of these Terms, including the Acceptable Use Policy; you engage in conduct that we reasonably believe is harmful to other users, the Service, or our business; we receive a valid legal or regulatory order requiring us to do so; we reasonably believe your account has been compromised; you fail to pay Subscription fees when due; or continued provision of the Service to you would expose us to material legal liability.
Notice. Except where immediate action is necessary to prevent ongoing harm, fraud, or legal liability, we will: provide you with reasonable notice (via email or in-app notification) of the suspension or termination; explain the reason for the action; and, where the violation is curable, give you a reasonable opportunity (at least 14 days) to remedy the violation before termination.
16.3 Effect of Termination
Upon termination of your account (whether by you or by us): your right to access and use the Service ceases immediately; any licenses granted to you under these Terms automatically terminate; we will process your data in accordance with our Privacy Policy, including deletion of your User Content and AI-Generated Content following the procedures described therein; and any outstanding Subscription fees that have accrued prior to termination remain payable.
16.4 Survival
The following Sections survive termination of these Terms: Section 1 (Definitions); Section 4.2 (Ownership of AI-Generated Content, to the extent of AI outputs already delivered to you); Section 5.1 (Your Ownership of User Content); Section 9 (Intellectual Property Rights); Section 12 (Disclaimers); Section 13 (Limitation of Liability); Section 14 (Indemnification); Section 15 (Dispute Resolution); Section 16.3 and 16.4 (Effect of Termination and Survival); and Section 18 (General Provisions).
17. Modifications to Service and Terms
17.1 Modifications to the Service
We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice, including adding or removing features, changing design, or updating AI capabilities. We will use commercially reasonable efforts to provide advance notice of changes that materially and adversely affect your use of the Service.
17.2 Modifications to These Terms
We may revise these Terms from time to time. When we make material changes:
Notice. We will provide at least thirty (30) days' advance notice before the revised Terms take effect. Notice will be provided via: email to the address associated with your account; a prominent notification within the App; and/or updating the "Last Updated" date at the top of these Terms.
Your Choices. If you do not agree to the revised Terms, you must discontinue using the Service and delete your account before the revised Terms take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
UK Users. For changes that materially affect your rights or obligations, we will seek your explicit consent where required by applicable consumer protection law.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Nouva with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Service.
18.2 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.
18.3 Waiver
The failure of Nouva to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Nouva.
18.4 Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without Nouva's prior written consent. Nouva may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this Section shall be null and void.
18.5 Force Majeure
Nouva shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, epidemics, or pandemics; war, terrorism, insurrection, or civil unrest; government actions, orders, or regulations; labor disputes or shortages; utility or telecommunications failures; cyberattacks or data breaches affecting our infrastructure providers; and acts or omissions of third-party service providers on whom we rely.
18.6 Notices
All notices to you may be provided through the App, via email to the address associated with your account, or by any other means Nouva deems reasonably appropriate. Notices to Nouva must be sent by email to nouva@uniquepresident.com or by mail to 54b Trundleys Road, 26 Anayah Apartments, London SE8 5FB, United Kingdom. Notices are deemed received: when delivered via the App, upon display; when sent by email, upon confirmed delivery; and when sent by mail, upon actual receipt.
18.7 Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and Nouva. Neither party has the authority to bind or obligate the other in any way.
18.8 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that: Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms with respect to App Store distribution (as required by Apple's Developer Program License Agreement); and the Nouva Parties identified in Section 13 and Section 14 are intended third-party beneficiaries of the limitation of liability and indemnification provisions.
18.9 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.10 Language
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency.
19. Contact Us
If you have questions, concerns, or feedback about these Terms, please contact us:
Nouva Legal Team Email: nouva@uniquepresident.com Mailing Address: 54b Trundleys Road, 26 Anayah Apartments, London SE8 5FB, United Kingdom
For privacy-related inquiries, please see the Contact section of our Privacy Policy.
For copyright infringement notices (DMCA), please send to: nouva@uniquepresident.com
These Terms of Service are provided to assist with legal workflows. They should be reviewed by qualified legal professionals before publication. Legal requirements vary by jurisdiction; verify current requirements with authoritative sources. This document does not constitute legal advice.