1. Agreement to terms
By accessing or using the Nine platform, APIs, embeds, or any related service (together, the "Service"), you agree to be bound by these Terms of Service. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, you may not use the Service.
2. The service
Nine provides AI-generated virtual try-on imagery and related tooling for fashion retailers and brands. The Service may be delivered as a hosted application, an embedded component on your storefront, or an API. We may modify, improve, or discontinue features of the Service from time to time; we will give reasonable notice of material changes that adversely affect an active subscription.
Outputs of the Service are machine-generated visualisations. They are approximations intended to assist purchasing decisions and are not guarantees of fit, colour accuracy, or garment appearance in physical form.
3. Accounts and access
You are responsible for maintaining the confidentiality of account credentials and API keys, for all activity that occurs under your account, and for ensuring that your users comply with these terms. Notify us promptly at adarsh@itsnine.com of any suspected unauthorised access. We may suspend access where we reasonably believe an account has been compromised or is being used in breach of these terms.
4. Customer content
"Customer Content" means product imagery, catalogue data, trademarks, and other materials you or your end users submit to the Service. You retain all rights in Customer Content. You grant Nine a non-exclusive, worldwide licence to host, process, reproduce, and display Customer Content solely to provide and support the Service.
You represent that you hold all rights and consents necessary for Nine to process Customer Content, including any consents required from individuals whose likeness is submitted. We do not use Customer Content to train models made available to other customers except where you have given written permission.
5. Acceptable use
You agree not to, and not to permit others to:
- submit imagery of any individual without their informed consent, or any imagery of minors;
- use the Service to create sexually explicit, defamatory, deceptive, or otherwise unlawful material;
- reverse engineer, decompile, or attempt to derive the models, weights, or source code behind the Service;
- use outputs to train or fine-tune a competing generative model;
- resell, sublicense, or provide the Service to third parties except as expressly permitted in an order form;
- interfere with the integrity, security, or performance of the Service, or exceed documented rate limits.
6. Intellectual property
Nine and its licensors retain all right, title, and interest in the Service, including its models, software, documentation, and brand. No rights are granted other than the limited right to use the Service as set out in these terms. Subject to your payment of applicable fees, you own the generated outputs produced from your Customer Content and may use them for commercial purposes in connection with your business.
You grant Nine the right to use your name and logo to identify you as a customer, unless you tell us in writing that you would prefer we did not.
7. Fees and payment
Fees, usage allowances, and billing periods are set out in the applicable order form. Unless stated otherwise, invoices are payable within thirty (30) days of issue, fees are non-refundable, and amounts are exclusive of taxes. We may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum permitted by law, and may suspend the Service for accounts more than thirty days past due.
8. Confidentiality
Each party may receive confidential information of the other, including unreleased collections, pricing, and technical information. The receiving party will use it only to perform under these terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers bound by equivalent obligations. These obligations continue for three (3) years after disclosure, and indefinitely for trade secrets.
9. Term and termination
These terms run for the subscription term stated in your order form and renew automatically unless either party gives notice at least thirty days before the end of the current term. Either party may terminate for material breach that remains uncured thirty days after written notice. On termination, your access ends, and we will delete or return Customer Content within sixty days on request. Sections that by their nature should survive termination will do so.
10. Warranties and disclaimers
Each party warrants that it has authority to enter into these terms. Nine warrants that it will provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided "as is" and Nine disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that generated outputs will be accurate or suitable for any particular use.
11. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, however caused. Each party's total aggregate liability arising out of or related to these terms will not exceed the fees paid or payable by you to Nine in the twelve months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, breaches of confidentiality, or either party's indemnification obligations.
12. Indemnification
Nine will defend you against third-party claims alleging that the Service, as provided and used in accordance with these terms, infringes that party's intellectual property rights, and will pay damages finally awarded. You will defend Nine against third-party claims arising from Customer Content or your use of the Service in breach of these terms. Each indemnity is conditioned on prompt notice, sole control of the defence, and reasonable cooperation.
13. Changes to these terms
We may update these terms from time to time. If a change is material, we will notify you by email or through the Service at least thirty days before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the revised terms.
14. Governing law
These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located there. Nothing prevents either party from seeking injunctive relief in any competent jurisdiction. If any provision is held unenforceable, the remainder stays in force.
15. Biometric data & virtual try-on
The Try-On Service offered through Nine's platform involves the collection and processing of biometric data, including facial geometry and body proportions derived from photographs you voluntarily upload. By using the Try-On Service, you acknowledge and agree to the following:
a. Consent required. You may only use the Try-On Service after providing explicit informed consent to Nine's collection and processing of your Biometric Data, as described in the consent acknowledgment presented at the point of upload. Use of the Try-On Service without providing consent is not permitted.
b. Limited purpose. Nine processes your Biometric Data solely to generate virtual try-on composite images. Nine does not use your Biometric Data for any other purpose, including advertising, identity verification, or resale.
c. Retention & deletion. Nine retains your uploaded photograph and all derived Biometric Data for no longer than seventy-two (72) hours from upload, after which it is permanently and irreversibly deleted. You may request earlier deletion at any time by contacting adarsh@itsnine.com.
d. No sale of biometric data. Nine will never sell, lease, or otherwise profit from your Biometric Data.
e. Voluntary participation. Use of the Try-On Service is entirely voluntary. Declining to provide biometric consent will not affect your ability to browse or purchase from any brand's storefront.
f. Age restriction. The Try-On Service is not available to individuals under the age of 16. By using the Try-On Service, you represent that you are 16 years of age or older.
g. Governing policy. Your use of the Try-On Service is governed by Nine's Biometric Data Retention & Destruction Policy and Privacy Policy, which are incorporated into these Terms by reference.
h. Applicable law. Nine's biometric data practices are designed to comply with the Illinois Biometric Information Privacy Act (BIPA), the Washington Biometric Privacy Act (WCPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), the California Consumer Privacy Act (CCPA), and the EU General Data Protection Regulation (GDPR). If you believe Nine has violated any applicable biometric privacy law, please contact adarsh@itsnine.com immediately.
16. Contact
Questions about these terms can be sent to adarsh@itsnine.com.