1. Acceptance of Terms
By downloading, installing, accessing, or using the Smency mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Smency ("we," "our," or "us"). We may update these Terms from time to time, and your continued use of the App after such changes constitutes your acceptance of the updated Terms.
2. Description of Service
Smency is a mobile application that provides:
- Outfit Collection Management: Tools to organize, categorize, and manage your outfit collection
- Outfit Planning: Calendar-based planner to schedule outfits for specific dates
- AI-Powered Outfit Analysis: Analysis of outfit photos with scores, feedback, and style recommendations
- Analysis History: Storage and review of past outfit analyses
The App is provided "as is" and "as available" without warranties of any kind.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 13 years of age to use Smency. If you are under 18, you represent that you have your parent's or guardian's permission to use the App.
3.2 Account Creation
To use certain features of the App, you must create an account. You can create an account using:
- Email address and password
- Google Sign-In
- Facebook Login
- Apple Sign-In
3.3 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring that your account information is accurate and up-to-date
- Notifying us immediately of any unauthorized use of your account
You agree not to:
- Share your account credentials with others
- Create multiple accounts to circumvent restrictions
- Use another person's account without permission
- Impersonate any person or entity
4. Acceptable Use
4.1 Permitted Use
You may use Smency for lawful purposes only and in accordance with these Terms. You agree to use the App only for:
- Personal, non-commercial purposes
- Organizing and managing your personal outfit collection
- Receiving outfit analysis and recommendations
- Planning your outfits
4.2 Prohibited Activities
You agree NOT to:
Illegal Activities:
- Use the App for any illegal purpose or in violation of any local, state, national, or international law
- Upload, post, or transmit any content that violates any law or regulation
Harmful Content:
- Upload, post, or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Upload, post, or transmit any content that infringes on the rights of others (including intellectual property rights, privacy rights, or publicity rights)
- Upload, post, or transmit any content containing viruses, malware, or other harmful code
Service Interference:
- Attempt to interfere with, disrupt, or harm the App, servers, or networks
- Use automated systems (bots, scrapers, etc.) to access the App without permission
- Reverse engineer, decompile, or disassemble any part of the App
- Attempt to gain unauthorized access to any part of the App or related systems
Misuse of Features:
- Use the AI analysis feature for purposes other than personal outfit evaluation
- Upload photos that are not your own or that you do not have permission to use
- Upload photos of other people without their consent
- Use the App to create or distribute spam or unsolicited communications
Account Misuse:
- Create fake or fraudulent accounts
- Use the App to impersonate others
- Collect or harvest information about other users
5. User Content
5.1 Your Content
You retain ownership of all photos, images, and other content you upload to the App ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to store and process your User Content on our servers (for analysis features only), use your User Content to provide the analysis services you request, and display your User Content within the App for your personal use.
5.2 Content Storage
Local Storage:
- Outfit photos and data are stored locally on your device
- You have full control over locally stored content
- You can delete locally stored content at any time
Server Storage:
- Photos uploaded for AI analysis are temporarily stored on our servers
- Analysis photos are associated with your account and analysis jobs
- Server-stored photos are deleted when analysis is complete or when you delete your account
5.3 Content Deletion
You can delete your User Content at any time:
- Delete individual outfits and their photos
- Delete analysis history entries
- Delete your entire account (which deletes all associated content)
We reserve the right to delete User Content that violates these Terms or applicable laws.
5.4 Content Responsibility
You are solely responsible for:
- The accuracy and legality of your User Content
- Obtaining all necessary permissions and rights to upload your User Content
- Ensuring your User Content does not violate any third-party rights
- Ensuring your User Content complies with these Terms and applicable laws
6. AI Analysis Service
6.1 Service Description
The AI analysis feature provides automated analysis of outfit photos, including:
- Scores and ratings
- Style feedback and recommendations
- Color analysis
- Occasion-specific suggestions
6.2 Service Limitations
Accuracy:
- Analysis results are provided for informational purposes only
- We do not guarantee the accuracy, completeness, or usefulness of analysis results
- Analysis results are based on automated algorithms and may not reflect personal preferences or individual circumstances
Availability:
- The AI analysis service may be unavailable due to maintenance, technical issues, or other reasons
- We do not guarantee uninterrupted or error-free service
- We reserve the right to modify, suspend, or discontinue the analysis service at any time
Photo Processing:
- Photos uploaded for analysis are processed on our servers
- Processing time may vary depending on server load and other factors
- We reserve the right to limit the number of analysis requests per user
6.3 No Guarantees
You acknowledge that:
- Analysis results are suggestions only and should not be the sole basis for fashion decisions
- We do not guarantee that following recommendations will achieve desired results
- Analysis results may vary for similar outfits
- The service is provided "as is" without warranties
7. Intellectual Property Rights
7.1 Our Intellectual Property
The App, including its design, features, functionality, and content (excluding User Content), is owned by Smency and protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse engineer or attempt to extract the source code of the App
- Remove any copyright, trademark, or other proprietary notices
- Use our trademarks, logos, or brand names without permission
7.2 Your Intellectual Property
You retain ownership of your User Content. However, by using the App, you grant us the limited license described in Section 5.1 to provide the services you request.
8. Third-Party Services
8.1 Authentication Providers
Smency uses third-party authentication services (Google, Facebook, Apple) that have their own terms of service and privacy policies. By using these services, you agree to their respective terms:
8.2 Third-Party Links
The App may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of third-party sites. Your use of third-party services is at your own risk.
9. Payment Terms
9.1 Free Service
Currently, Smency is provided free of charge. We reserve the right to:
- Introduce paid features or subscriptions in the future
- Change our pricing structure with advance notice
- Offer premium features or in-app purchases
9.2 Future Paid Features
If we introduce paid features:
- You will be notified of pricing before purchase
- Payment will be processed through your device's app store (Google Play or Apple App Store)
- Refunds will be subject to the app store's refund policies
- We reserve the right to modify pricing with advance notice
10. Privacy
Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.
Privacy Policy: View Privacy Policy
11. Disclaimers and Limitation of Liability
11.1 Service Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
11.2 Analysis Disclaimer
THE AI ANALYSIS SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT:
- Guarantee the accuracy or usefulness of analysis results
- Warrant that analysis results will meet your expectations
- Accept responsibility for fashion decisions based on analysis results
- Guarantee that following recommendations will achieve desired outcomes
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMENCY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Personal injury or property damage
- Any damages arising from your use or inability to use the App
- Any damages arising from unauthorized access to or alteration of your data
- Any damages arising from third-party services or content
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (IF ANY) IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
11.4 Jurisdiction-Specific Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Smency, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
- Your account activities
13. Termination
13.1 Termination by You
You may terminate your account at any time by deleting your account through the App's Profile screen or contacting us to request account deletion.
Upon termination:
- Your account will be permanently deleted
- All your data (local and server-stored) will be deleted
- You will lose access to all features and data
13.2 Termination by Us
We may suspend or terminate your account immediately, without notice, if:
- You violate these Terms
- You engage in fraudulent, illegal, or harmful activities
- You misuse the App or its features
- We are required to do so by law
- We discontinue the App or service
13.3 Effect of Termination
Upon termination:
- Your right to use the App immediately ceases
- All licenses granted to you terminate
- We may delete your account and all associated data
- Provisions that by their nature should survive termination will survive
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App, updating the "Last Updated" date, and sending you an email notification (if you have provided your email).
Your continued use of the App after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and delete your account.
15. Dispute Resolution
15.1 Informal Resolution
Before filing a formal claim, you agree to contact us first to attempt to resolve the dispute informally. We will try to resolve disputes in good faith within 30 days.
15.2 Binding Arbitration
If we cannot resolve a dispute informally, you agree that any dispute arising out of or relating to these Terms or the App will be resolved through binding arbitration, except for claims that may be brought in small claims court or claims seeking injunctive relief.
You waive your right to a jury trial and to participate in class action lawsuits.
15.3 Governing Law
These Terms are governed by applicable laws, without regard to conflict of law principles.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smency regarding the App and supersede all prior agreements.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
16.5 Force Majeure
We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or technical failures.
17. Contact Information
If you have questions about these Terms, please contact us through the app stores or by leaving feedback in the app.
18. Acknowledgment
BY USING SMENCY, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are at least 13 years of age (or have parental consent if under 18)
- You will comply with all applicable laws and regulations
- You understand that the App is provided "as is" without warranties
- You accept the limitations of liability described herein
19. Summary of Key Terms
Service: Smency provides outfit collection management, planning, and AI-powered analysis tools.
Your Responsibilities:
- Use the App lawfully and in accordance with these Terms
- Maintain account security
- Ensure your content complies with these Terms
- Respect intellectual property rights
Our Rights:
- Modify or discontinue the App at any time
- Terminate accounts that violate these Terms
- Update these Terms with notice
Limitations:
- App is provided "as is" without warranties
- Analysis results are informational only
- Our liability is limited as described
Termination:
- You can delete your account at any time
- We can terminate accounts that violate these Terms
- Data is deleted upon account termination
These Terms of Service are effective as of the date you first use the App. By using Smency, you agree to these Terms.