Terms

Vendeuse is a brand operated by BrightifAI AG, Oberneuhofstrasse 3, 6340 Baar, Switzerland (company number UID CHE-166.984.707) (“we,” “us,” “our”). These Terms of Service govern your use of the Vendeuse iOS app and the website at vendeuse.com (together, the “service”). By creating an account, or by using or continuing to use the service, you agree to these Terms. If you do not agree, do not use the service.

You must be at least 16 years old and have the legal capacity to enter into these Terms. By using the service you confirm that you meet these requirements.

How we handle your personal data is described separately in our Privacy Policy, which forms part of these Terms and is incorporated by reference. Where these Terms and the Privacy Policy both address how we handle your data, the Privacy Policy governs.

You are responsible for your account and for all activity under it. Keep your credentials confidential, give us accurate information when you sign up, and keep it up to date. Tell us promptly at contact@vendeuse.com if you believe someone else has accessed your account.

Your account is personal to you. One account is for one person; you may not share, rent, sell, or transfer it or your access to it, and you may not maintain more than one account without our agreement.

Vendeuse is a personal AI styling assistant provided to you under these Terms. Its AI output is governed by the “AI features” section below.

The service also surfaces pieces you could buy from third-party shops, some of them sourced through an affiliate network, and we may receive a commission if you buy after following one of those links. What a shop pays us never affects what is recommended to you or the order it is recommended in; what is taken into account is explained on the “how your vendeuse chooses” page, which you can also open from any set of suggestions. How we handle the data involved is described in our Privacy Policy.

Paid features are offered as auto-renewable subscriptions. Purchases you make in the iOS app are processed by Apple through your Apple Account using In-App Purchase, and Apple is the merchant of record for them. Purchases you make in the web app are processed by our payment provider, and we are the seller for those.

• Subscriptions are billed at the price shown at the time of purchase — to your Apple Account, or to the payment method you give our payment provider — and renew automatically unless you cancel at least 24 hours before the end of the current period.
• You can manage or cancel a subscription at any time in your Apple Account settings, or, for a subscription bought in the web app, from your account settings there; cancellation takes effect at the end of the current paid period.
• Where a free trial is offered, it converts automatically into a paid subscription at the disclosed price unless you cancel before it ends.
• Where Apple takes payment, refunds are requested from and issued by Apple under its policies, not by us. For a purchase made in the web app, ask us at contact@vendeuse.com.

You may also buy consumable top-up credits, which add to your usage allowance. Credits expire 12 months after they are added to your account, have no cash value, are non-transferable, can be used only inside the service, and are non-refundable by us except where the law requires. Nothing here limits any mandatory refund or withdrawal right you have under the consumer law that applies to you (see “Consumer rights and changes”).

You own your content — the photos you upload, your messages, the items and information you save, and the AI try-on images generated for you.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to do only what is necessary to provide the service to you: to store your content, show it back to you, process it, and send relevant content to the third-party AI providers that power the service, as described in our Privacy Policy. This licence is for operating the service only, and it ends when you delete the content or your account, except for copies that remain briefly in routine backups.

Each time you submit content, you represent and warrant that: you have all rights and necessary consents to it; it is lawful and infringes no one’s intellectual-property, privacy, or other rights; any identifiable person depicted is an adult who has consented to your upload and to its processing as described in the Privacy Policy; and it contains no intimate, sexually explicit, or otherwise prohibited content.

You make these representations afresh on every submission, we rely on them, and their breach is a material breach of these Terms that may trigger the removal, suspension, and termination measures in “Acceptable use” and “Suspension and termination” and the indemnity below.

You will not:

• upload intimate, sexually explicit, nude, or pornographic content — of yourself or of anyone else;
• upload images of other identifiable people without their consent, or any content depicting minors;
• upload or submit illegal, infringing, abusive, harassing, or otherwise unlawful content;
• use the AI to generate any of the above, or content that breaks our or our providers’ content rules;
• scrape, reverse-engineer, decompile, or probe the service; use bots or automation against it; circumvent usage limits or safety systems; or overload or disrupt it;
• resell, share, or transfer your account, or misuse the AI to do any of the above.

We may remove content and suspend or terminate your access for any breach — immediately where the breach is serious or where required by law, and otherwise on reasonable notice where the breach is capable of cure — and we may preserve and report unlawful content to the relevant authorities as required or permitted by law.

How we moderate. We enforce the rules above through a mix of automated checks and review by a person, and we act on reports we receive. Automated checks can flag or block content; a decision to remove content or to restrict an account is taken or confirmed by a person.

If you think we got it wrong. You can complain to us about any decision we take under this section — a removal, a restriction, a suspension, or a refusal to act on a notice you sent — for at least six months after we tell you about it. Write to contact@vendeuse.com saying what the decision was and why you think it was wrong, and include anything you want us to take into account.

A person who was not responsible for the original decision looks at it again; we do not decide your complaint by automated means alone. We aim to answer within 14 days, we tell you the outcome and our reasons, and where we agree with you we reverse the decision without delay. This does not take away your right to go to a certified out-of-court dispute-settlement body or to a court.

Notice and takedown. If you are a rights-holder, or a person depicted in content on the service, and you believe content infringes your rights or was uploaded without your consent, you can report it to contact@vendeuse.com with enough detail to identify the content and your claim — where the content is on the service, please include enough information to locate it, an explanation of why you believe it is unlawful or infringing, your name and email address, and a statement that your notice is accurate and complete in good faith.

We confirm that we have received your notice, decide on it without undue delay in a diligent, non-arbitrary and objective way, and tell you our decision, the reasons for it, whether automated means were used in handling or deciding your notice, and how you can challenge it (Digital Services Act Art. 16). We will act on valid notices, including by removing or disabling access to the content, and we terminate the accounts of users who repeatedly infringe.

The service’s output, including chat responses and try-on images, is AI-generated and approximate. It may be inaccurate, incomplete, or out of date. It is not professional advice of any kind — not medical, health, legal, financial, psychological, or fit advice — and you rely on it at your own risk. Try-on images are not real photographs and are not a guarantee of fit, fabric, colour, size, or how an item will look in person. You are responsible for your decisions and for how you use the output.

Try-on and your likeness. When you use try-on, you consent to our processing your photographs — including images of your face and body, which may constitute biometric or special-category data — to generate renders, as described in our Privacy Policy. You may generate images only of yourself or of consenting adults. You must not misrepresent AI renders as genuine photographs, use them to deceive or defame, or remove, obscure, or alter any AI-generation, watermark, or provenance marker that an image carries.

The service — including the app and website, the underlying software and designs, and the “Vendeuse” name and marks — belongs to BrightifAI AG and its licensors. These Terms give you only a limited, personal, non-exclusive, non-transferable, revocable licence to use the app on Apple-branded devices you own or control, for your own personal, non-commercial use, and only as permitted by Apple’s Usage Rules (see the Apple section below).

You get no ownership of, and no right to copy, resell, sublicense, modify, or build on, the service or its software. This does not affect your ownership of your own content.

To the maximum extent permitted by law, the service is provided “as is” and “as available,”without warranties of any kind, express or implied. We do not warrant that it will be uninterrupted, secure, or error-free, that AI output will be accurate, complete, or fit for any particular purpose, or that try-on images will reflect an item’s real appearance or fit.

The service surfaces third-party content — including product links, web-search results, retailer pages, prices, and items. We do not warrant any of it, we are not a seller, and we are not responsible for any purchase you make from, or any dealing you have with, a third party. Some of those links are commercial and may earn us a commission, as described in “The service” — that does not make us the seller, a party to your purchase, or responsible for the shop’s prices, stock, delivery, or terms.

The service also depends on third-party providers (including AI providers, Apple, and our infrastructure providers), and we do not guarantee their availability or that their services will be uninterrupted or unchanged.

Nothing in this section excludes any warranty, guarantee, or right that cannot be excluded under the law that applies to you, including mandatory consumer-protection law in your country of residence.

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or opportunity, arising out of or in connection with your use of (or inability to use) the service. Subject to the savings clause below, our total aggregate liability is limited to the greater of the amounts you paid for the service (whether to us or to Apple as merchant of record on our behalf) in the twelve months before the event giving rise to the liability, or one hundred Swiss francs.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you — in particular liability for death or personal injury caused by our negligence, for fraud, for wilful misconduct or gross negligence, and any mandatory statutory consumer remedy. Save for those non-excludable heads, the cap and exclusions above apply to the fullest extent the law permits; and where a provision would otherwise go further than the law allows, it applies only to the maximum extent the law allows and the rest of these Terms is unaffected.

To the extent permitted by the law that applies to you, you will defend, indemnify, and hold us harmless against losses, liabilities, and reasonable costs (including legal costs) we incur from third-party claims arising out of your content, your use of the service, or your breach of these Terms — in particular claims by a person depicted in content you submitted or by a rights-holder in content you uploaded.

We may, at our option, assume sole control of the defence and settlement of any such claim, and you will cooperate with us in that defence; we will give you prompt written notice of a claim for which we seek indemnity.

This does not require you to indemnify us to the extent the loss results from our own negligence or wilful misconduct, and it does not require you to indemnify us against a loss merely because we stored, processed, displayed, generated a render from, or transmitted the offending content in operating the service. It does not apply to the extent your country’s mandatory consumer-protection law provides otherwise.

You can stop using the service at any time and delete your account from within the app; we then handle your data as described in the Privacy Policy.

We may suspend or terminate your access if you breach these Terms, if we are required to by law, or to protect the service or other users — immediately where the breach is serious or where required by law, and otherwise on reasonable notice where the breach is capable of cure. Termination does not affect any subscription billed by Apple, which you manage through your Apple Account. Nothing in this section excludes any mandatory right or remedy you have under the consumer law that applies to you.

We tell you why. Where we remove or disable access to content you provided, or restrict, suspend, or terminate your account, we give you a clear and specific statement of reasons: what we did and to which content, the facts we relied on, whether automated means were used in reaching the decision, the term of these Terms or the law we relied on, and how you can challenge the decision — with us, before a certified out-of-court dispute-settlement body, or before a court (Digital Services Act Art. 17).

Your mandatory rights are preserved. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have as a consumer under the mandatory law of your country of habitual residence — including any statutory right of withdrawal and any right to bring or defend proceedings before the courts of your country of residence. Where any term conflicts with that mandatory law, the mandatory law prevails and the rest of these Terms continues in force.

Subscriptions and credits are digital content and services we begin to supply immediately. By purchasing and starting to use them you expressly request immediate performance and acknowledge that you thereby lose any 14-day right of withdrawal once supply has begun, except where mandatory law provides otherwise; to exercise any withdrawal right you retain, contact contact@vendeuse.com.

We may change the service and these Terms; for material changes we will give reasonable notice in the app or by email before they take effect. If a material change disadvantages you, you may reject it and stop using the service before it takes effect. Your continued use after a change takes effect, where you had genuine notice and this free way to opt out, counts as acceptance.

These additional terms apply to your use of the Vendeuse iOS application (the “Licensed Application”) obtained through Apple’s App Store. They supplement the rest of these Terms and, for your App Store use of the Licensed Application, prevail in the event of a conflict.

• This agreement is with us, not Apple.These Terms are between you and BrightifAI AG only, not with Apple Inc. (“Apple”). BrightifAI AG, not Apple, is solely responsible for the Licensed Application and its content.
• Scope of licence. Your licence is non-transferable and limited to using the Licensed Application on any Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. BrightifAI AG is solely responsible for any maintenance and support. Apple has no obligation to furnish any maintenance or support services.
• Warranty. BrightifAI AG is solely responsible for any product warranties, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for it; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Product claims. BrightifAI AG, not Apple, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your use of it — including product-liability, legal- or regulatory-compliance, and consumer-protection or privacy claims.
• Intellectual property. If a third party claims that the Licensed Application or your use of it infringes its intellectual-property rights, BrightifAI AG, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance.You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Questions, complaints, or claims about the Licensed Application should go to BrightifAI AG, Oberneuhofstrasse 3, 6340 Baar, Switzerland — contact@vendeuse.com.
• Third-party terms. You must comply with any applicable third-party terms when using the Licensed Application.
• Third-party beneficiary. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Auto-renewable subscriptions. Payment is charged to your Apple Account at confirmation of purchase; the subscription renews automatically for the same period at the disclosed price unless you cancel at least 24 hours before the current period ends; and you manage or cancel it in your Apple Account settings, keeping access until the end of the paid period.

Survival. Sections that by their nature should survive termination — including “Your content, licence and your warranties” (as to the back-up tail and your representations), “AI features,” “Our intellectual property,” “Disclaimers,” “Limitation of liability,” “Indemnification,” and “Governing law and contact” — survive any termination or expiry of these Terms.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision is severed and the remainder stays in force; the severed provision is reformed only to the minimum extent needed to make it valid and enforceable while preserving its intent.

No waiver. If we do not enforce a provision of these Terms on any occasion, that is not a waiver of that provision or of our right to enforce it, or any other provision, later.

Assignment. You may not assign or transfer these Terms or your account without our consent. We may assign or transfer these Terms — for example in connection with a merger, acquisition, financing, or other corporate reorganization — without affecting your rights under the consumer law that applies to you.

Entire agreement. These Terms, together with the Privacy Policy and the Apple App Store schedule above, are the entire agreement between you and us about the service and replace any prior understanding on that subject.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control — including outages or withdrawal of third-party providers (such as AI providers, Apple, or our infrastructure providers), infrastructure or network failure, and legal or regulatory action — except to the extent the law that applies to you provides otherwise.

These Terms, and any dispute arising out of or in connection with them (including non-contractual disputes), are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts at the seat of BrightifAI AG — Baar, canton of Zug, Switzerland — have jurisdiction. This choice does not deprive you, where you act as a consumer, of the protection of the mandatory law of your country of habitual residence, or of any right you have to bring or defend proceedings before the courts of that country.

You can reach us about these Terms at contact@vendeuse.com. BrightifAI AG, Oberneuhofstrasse 3, 6340 Baar, Switzerland (company number UID CHE-166.984.707). That address, and contact@vendeuse.com, are also our single point of contact for users and for authorities under the Digital Services Act (Arts. 11 and 12); you can write to us there in English or German.