1. Acceptance of Terms;
Binding Agreement

Diamente LLC, a Texas limited liability company having its principal
place of business in Pflugerville, Travis County, Texas, with a mailing
address at 110 N Interstate 35, Ste 315 PMB 1015, Round Rock,
Texas 78681 (“Diamente LLC,” “MakeOutfit,” “we,”
“our,” or “us”), operates the MakeOutfit
platform available at makeoutfit.com, the subscription portal at
subscription.makeoutfit.com, and through any associated mobile
application (collectively, the “Platform”). MakeOutfit
is a fashion-discovery platform on which users explore clothing and
accessories from independent boutiques and brands, build and share
outfits, use AI-powered Virtual Try-On functionality, and connect with
brand partners.

These Terms of Service (the “Terms”) form a legally binding contract
between you (“you,” “your,” or “User”) and Diamente LLC. Please read
them carefully. By (a) clicking “I Agree,” “Sign Up,” “Create Account,”
or any similar button or check-box, (b) creating an Account, (c)
purchasing a Subscription or Credits, or (d) using any feature of the
Platform that requires registration (including the Try-On Feature), you
affirm that: (i) you have read and understood these Terms; (ii) you
accept and agree to be bound by these Terms and our Privacy Policy,
which is incorporated by reference; (iii) you are at least 18 years old,
or, if you are 13 to 17, you are using only non-Try-On features with the
consent and supervision of a parent or legal guardian; and (iv) you have
the legal capacity to enter into this agreement.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT,
MAKE A PURCHASE, OR USE ANY REGISTERED-USER FEATURE. Continued
use of registered-user features after notice of any modification
constitutes your reaffirmation of these Terms as modified.

Please note: Section 21 (Dispute Resolution)
contains a binding arbitration agreement, a class-action waiver, and a
jury-trial waiver that affect how disputes are resolved. Section 8
contains important restrictions on the AI Virtual Try-On Feature,
including a self-photo-only requirement and geographic restrictions.
Section 11 explains Subscription auto-renewal and Section 12 explains
Try-On Credits.

2. Geographic Scope of Service

The Platform is offered to users located in the United States only.
By creating an Account or otherwise using the Platform, you represent
and warrant that you are accessing the Platform from within the United
States.

The Platform is not offered to, and is not directed to, residents of
the European Economic Area, the United Kingdom, or Switzerland. We have
implemented technical measures intended to prevent access from those
jurisdictions. If you are located in those jurisdictions, do not access
the Platform.

The Try-On Feature is further restricted: it is not available to
residents of, or persons located in, the State of Illinois. See Section
8.2 for details.

We reserve the right to modify the geographic scope of the Platform
at any time and to refuse access from any jurisdiction in our sole
discretion.

3. Modifications to These
Terms

We may revise these Terms from time to time. The “Last Updated” date
at the top of these Terms reflects the most recent revision.

  • Material changes. For changes that materially
    affect your rights or obligations (including changes to dispute
    resolution, limitations on liability, fees, or material privacy
    practices), we will provide at least thirty (30) days’ advance notice by
    email to the address associated with your Account and by in-Platform
    notification. Material changes apply only to use of the Platform after
    the effective date of the change.
  • Non-material changes. For non-material updates
    (clarifications, corrections, formatting, or changes required by law),
    we will update the “Last Updated” date and post the revised Terms on the
    Platform.
  • Right to reject. If you do not agree to a
    material change, you must stop using the Platform and may close your
    Account before the effective date. Continued use after the effective
    date of any material change constitutes acceptance of the revised
    Terms.

4. Key Definitions

Capitalized terms used in these Terms have the meanings set out
below.

  • “Platform” means makeoutfit.com, the
    subscription portal, any MakeOutfit mobile application, and all
    associated services, content, software, and features.
  • “User” means any person who accesses or uses the
    Platform.
  • “Account” means a registered user account
    created on the Platform.
  • “User Content” means any content uploaded,
    posted, submitted, or transmitted by a User, including photographs,
    outfit creations, comments, and reviews.
  • “Try-On Feature” means the AI-powered Virtual
    Try-On functionality that allows a User to upload a self-photograph and
    visualize how clothing or accessories may appear on the User.
  • “Self-Photograph” means a photograph in which
    the User is the sole identifiable human subject.
  • “Biometric Data” means biometric identifiers and
    biometric information as defined under applicable law, including facial
    geometry, body geometry, and other physical-characteristic measurements
    derived from photographs processed by the Try-On Feature.
  • “Partner” or “Brand Partner” means any boutique,
    brand, or retailer registered as a partner and bound by our Subscriber
    Agreement.
  • “Subscription” means a paid subscription plan
    providing access to specified Platform features, managed at
    subscription.makeoutfit.com.
  • “Credits” means prepaid units a User purchases
    to access the Try-On Feature without a Subscription, as described in
    Section 12.
  • “Minor” means any individual under the age of
    18, or such higher age as applicable law in the User’s jurisdiction
    defines as a minor for the relevant purpose.
  • “AI Output” means any image, visualization, or
    result generated by the artificial-intelligence model underlying the
    Try-On Feature.
  • “NCII” means non-consensual intimate imagery as
    defined under federal or state law, including under the federal Take It
    Down Act.

5. Eligibility and Account
Registration

5.1 Age Requirements

The Platform is not directed to, and we do not knowingly collect
personal information from, children under 13 years of age. Consistent
with the federal Children’s Online Privacy Protection Act (15 U.S.C. §§
6501–6506) (“COPPA”) and applicable state law, we will delete personal
information of any user we discover to be under 13 absent verifiable
parental consent. A parent or legal guardian who believes a child under
13 has provided personal information to the Platform should contact
[email protected].

The Try-On Feature is restricted to users who are at least 18
years of age. There is no exception to this age requirement, regardless
of parental consent. Use of the Try-On Feature by — or the
upload of any photograph depicting — any individual under 18 is strictly
prohibited and is grounds for immediate Account termination.

For non-Try-On features of the Platform, you must be at least 13
years of age. Users between 13 and 17 may use non-Try-On features only
with the consent and supervision of a parent or legal guardian who
agrees to be bound by these Terms on the minor’s behalf and who creates
the Account or supervises the minor’s use of the Account.

5.2 Account Registration

To access certain features, you must register an Account. You agree
to:

  • Provide accurate, current, and complete information during
    registration;
  • Promptly update your Account information to keep it accurate and
    complete;
  • Maintain the confidentiality of your password and accept sole
    responsibility for all activity occurring under your Account;
  • Not share your Account credentials with any third party;
  • Notify us immediately at [email protected] of any
    unauthorized use of your Account or any other security breach;
  • Confirm, where required, that you are not located in or a
    resident of any jurisdiction from which the Platform is not
    offered.

We reserve the right, in our sole discretion and to the extent
permitted by law, to refuse registration, suspend, or terminate any
Account, and to recover damages and seek other legal or equitable
remedies for any violation.

5.3 One Account Per User

Each User is permitted one Account. Creating multiple Accounts —
including to circumvent a suspension, ban, or trial-period or Credit
restriction — is prohibited. Accounts found to be duplicates or to have
been created in violation of this Section may be terminated without
refund.

6. Platform Content
and Intellectual Property

The Platform contains content owned by Diamente LLC or licensed to
Diamente LLC, including images, text, software, designs, logos,
graphics, audio, video, AI models, and the look, feel, and overall
design of the Platform (collectively, “Platform
Content”). Platform Content is protected by U.S. and
international copyright, trademark, patent, trade-secret, and other
intellectual-property laws.

Subject to your continued compliance with these Terms, Diamente LLC
grants you a limited, personal, non-exclusive, non-transferable,
non-sublicensable, revocable license to access and use the Platform and
Platform Content solely for your personal, non-commercial purposes.

Except as expressly authorized by these Terms or by Diamente LLC in
writing, you may not:

  • Copy, reproduce, distribute, publish, broadcast, license, or sell
    any Platform Content;
  • Modify, translate, create derivative works of, decompile,
    disassemble, or reverse-engineer any Platform Content or Platform
    software, except to the extent expressly permitted by applicable law
    notwithstanding this restriction;
  • Remove, obscure, or alter any copyright, trademark, watermark,
    AI-generated label, or other proprietary-rights notice;
  • Use any Platform Content, AI Output, or User Content to train,
    fine-tune, evaluate, develop, or improve any artificial-intelligence,
    machine-learning, or generative model or system, whether for commercial
    or non-commercial purposes;
  • Use any automated means (bots, scrapers, crawlers, spiders, or
    similar tools) to access, index, or extract Platform Content;
  • Frame, mirror, or use framing techniques to enclose the Platform
    without our prior written consent.

All rights not expressly granted are reserved by Diamente LLC and its
licensors.

7. User-Generated Content

7.1 Ownership and License

You retain ownership of any intellectual-property rights you hold in
User Content you create and post on the Platform. By submitting User
Content, you grant Diamente LLC a worldwide, non-exclusive,
royalty-free, sublicensable, transferable license to use, host, store,
cache, reproduce, modify, adapt, reformat, publish, publicly display,
distribute, and create derivative works from your User Content for the
purposes of operating, providing, promoting, and improving the Platform
and our business. The license is perpetual with respect to copies of
your User Content already incorporated into our archives, analytics, and
Platform features prior to deletion; otherwise it terminates upon your
deletion of the User Content from the Platform, subject to commercially
reasonable backup-deletion timelines.

You also grant other Platform users the right to view and share your
publicly posted User Content as enabled by Platform features. You
consent to our use of your publicly available biographical information
(for example, username, profile photo) in connection with the display,
sharing, or republication of your User Content.

7.2 Representations and
Warranties

By submitting any User Content, you represent and warrant that:

  • You own all rights in the User Content or have obtained all
    licenses, rights, consents, and permissions necessary to post it and to
    grant the license in Section 7.1;
  • Your User Content does not infringe or misappropriate any
    intellectual-property, privacy, publicity, moral, or other right of any
    third party;
  • Your User Content complies with all applicable laws and
    regulations and with these Terms;
  • No User Content depicts a Minor, except photographs of yourself
    if you are 13–17 and are posting non-Try-On content with the consent of
    your parent or legal guardian;
  • You are not posting User Content on behalf of any entity or
    individual without authorization.

7.3 Content Standards

All User Content must comply with the Content Standards in Section
10. We have the right, but not the obligation, to pre-screen, review,
flag, filter, modify, reject, or remove any User Content at any time, in
our sole discretion, with or without notice. You acknowledge that you
may encounter User Content posted by others that you find offensive,
indecent, or objectionable, and that you use the Platform at your own
risk in this regard.

7.4 DMCA Notice and Takedown

Diamente LLC complies with the Digital Millennium Copyright Act, 17
U.S.C. § 512 (“DMCA”). If you believe that material on the Platform
infringes your copyright, please send a written notice containing all of
the following to our designated agent:

  • A physical or electronic signature of the owner or a person
    authorized to act on the owner’s behalf;
  • Identification of the copyrighted work claimed to have been
    infringed (or, for multiple works, a representative list);
  • Identification of the allegedly infringing material with
    sufficient detail to permit us to locate it (for example, a
    URL);
  • Your contact information (name, address, telephone number, and
    email);
  • A statement that you have a good-faith belief that the use is not
    authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information
    in the notice is accurate and that you are authorized to act on behalf
    of the copyright owner.

Designated DMCA Agent: Copyright Agent, Diamente
LLC, 110 N Interstate 35, Ste 315 PMB 1015, Round Rock,
Texas 78681; email: [email protected]. Diamente LLC has registered (or
will register prior to launch) this designated agent with the U.S.
Copyright Office in accordance with 17 U.S.C. § 512(c)(2).

Counter-Notification. If you believe your User
Content was removed by mistake or misidentification, you may submit a
counter-notification under 17 U.S.C. § 512(g) to [email protected].
False statements in either a notice or counter-notice are subject to
liability under 17 U.S.C. § 512(f).

Repeat-Infringer Policy. We will terminate, in
appropriate circumstances, the Accounts of users we determine to be
repeat infringers.

7.5 Take It
Down Act / Non-Consensual Intimate Imagery

In compliance with the federal Take It Down Act and applicable state
law, Diamente LLC will remove, within 48 hours of receipt of a verified
request, any User Content that is non-consensual intimate imagery
depicting an identifiable individual. Verified requests may be submitted
to [email protected] and must include: (a) a physical or electronic
signature of the depicted individual or an authorized representative;
(b) sufficient information to identify the content; (c) a good-faith
statement that the content was published without consent; and (d)
contact information. Knowingly false requests may result in
liability.

7.6 Feedback and Suggestions

Any feedback, suggestion, or idea you provide regarding the Platform
is non-confidential and becomes the property of Diamente LLC. You grant
Diamente LLC an irrevocable, worldwide, perpetual, sublicensable,
royalty-free license to use, exploit, and incorporate such feedback in
any manner without compensation or attribution.

8.
Virtual Try-On Feature — Specific Terms and Restrictions

8.1 Feature Description and
Scope

The Try-On Feature uses artificial intelligence to superimpose
clothing items or accessories selected by the User onto a
Self-Photograph the User uploads. The Try-On Feature is provided as a
convenience tool. AI Outputs are illustrative only and do not represent
how a garment will fit, drape, or appear in physical reality. The Try-On
Feature is intended exclusively for the legitimate visualization of
apparel and accessories offered on the Platform on a Self-Photograph of
the User. Use of the Try-On Feature for any other purpose is
prohibited.

Each AI Output is labeled or watermarked as AI-generated. You agree
not to remove, alter, or obscure any such label or watermark, and you
agree not to misrepresent any AI Output as an authentic photograph.

8.2 Eligibility for the
Try-On Feature

  • You must be at least 18 years of age. There is no exception to
    this age requirement;
  • You must have an active Account in good standing;
  • Your Account must not be subject to any active suspension or
    restriction;
  • You must have either an active Subscription that includes the
    Try-On Feature or available Credits (see Section 12);
  • Activation of the Try-On Feature requires your separate,
    affirmative consent to our processing of Biometric Data, presented in
    the Biometric Data Notice and Consent flow within the Platform.

Geographic Restriction. The Try-On Feature is not
available to, and may not be used by, residents of, or persons located
in, the State of Illinois. We have implemented technical measures
intended to prevent activation of the Try-On Feature from Illinois IP
addresses. By activating the Try-On Feature, you represent and warrant
that you are not a resident of Illinois and are not located in Illinois
at the time of use.

8.3 Self-Photograph
Requirement

The Try-On Feature is restricted to Self-Photographs of the User. You
may upload a photograph to the Try-On Feature only if you are the sole
identifiable human subject of the photograph. The upload of any
photograph depicting any other person — whether with their consent or
otherwise — is strictly prohibited. This restriction is intended to
protect the privacy, biometric-data, and right-of-publicity interests of
third parties and to limit potential misuse of the Try-On Feature.

We may use automated and manual measures (including face-match
against your registered profile photograph and human review) to confirm
that uploaded photographs are Self-Photographs. By uploading any
photograph, you consent to such verification. Uploads that fail
verification may be rejected and may result in Account suspension.

8.4 Prohibited Uses of
the Try-On Feature

Without limiting any other provision of these Terms, you may not
upload to or use with the Try-On Feature any photograph or image
that:

  • Is not a Self-Photograph (i.e., depicts any natural person other
    than the User, regardless of whether consent has been
    obtained);
  • Depicts any Minor (any individual under 18), under any
    circumstance and for any purpose;
  • Is used for any purpose other than the legitimate visualization
    of apparel or accessories offered on the Platform;
  • Is obscene, sexually explicit, pornographic, or constitutes
    non-consensual intimate imagery, including imagery prohibited by the
    federal Take It Down Act and the Texas Unlawful Disclosure or Promotion
    of Intimate Visual Material Act (Tex. Penal Code § 21.16);
  • Is intended to harass, defame, humiliate, threaten, stalk,
    intimidate, or otherwise harm any individual;
  • Was obtained through unauthorized access, hacking, deception, or
    any unlawful means, including in violation of the Texas Breach of
    Computer Security Act (Tex. Penal Code Ch. 33) or the federal Computer
    Fraud and Abuse Act (18 U.S.C. § 1030);
  • Infringes or misappropriates any copyright, trademark, right of
    publicity, or other intellectual-property or privacy right of any third
    party;
  • Violates any applicable biometric-privacy law, including the
    Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com.
    Code § 503.001), the Illinois Biometric Information Privacy Act (740
    ILCS 14), or the Washington biometric statute (Wash. Rev. Code Ch.
    19.375);
  • You do not otherwise have the legal right to use for this
    specific purpose under any applicable law.

8.5 AI Output
Disclaimer — No Guarantee of Results

You expressly acknowledge and agree that:

  • Diamente LLC is not responsible for any unexpected, inaccurate,
    distorted, unrealistic, nonsensical, or otherwise unsatisfactory AI
    Output;
  • AI Outputs may fail to accurately represent how clothing will
    appear in physical reality and must not be relied upon as a precise
    representation of any garment’s fit, color, texture, drape, or
    style;
  • The Try-On Feature is provided “as is” and “as available,”
    without any warranty of fitness for a particular purpose or guarantee of
    output quality or accuracy;
  • Use of the Try-On Feature is entirely at your own risk; Diamente
    LLC has no liability for any decision (including any purchase decision)
    made in reliance on an AI Output.

8.6 No Refund for Policy
Violations

If User Content created using the Try-On Feature is removed during
moderation, following a third-party report, or upon internal review for
violation of these Terms, no refund or credit will be issued for any
Subscription period, Credits, or feature usage associated with that
content, except as required by mandatory consumer-protection law.

8.7 Account
Blocking for Inappropriate or Adult Content

If you upload, create, or distribute inappropriate, sexually
explicit, or adult content — or any content that violates these Terms —
using the Try-On Feature or any other Platform feature, we reserve the
right, to the extent permitted by law, to:

  • Immediately block your Account and any associated Try-On models
    or outputs without prior notice;
  • Permanently terminate your Account without refund or partial
    refund of Subscription fees or Credits;
  • Remove all content associated with your Account;
  • Report the conduct to law-enforcement authorities or other
    appropriate authorities (including the National Center for Missing and
    Exploited Children where required by 18 U.S.C. § 2258A).

An Account blocked or terminated for inappropriate content is not
eligible for reinstatement.

8.8 Image Data and Deletion

You acknowledge and agree that:

  • Image deletion timelines are subject to technical and operational
    constraints and may not be instantaneous;
  • We will use commercially reasonable efforts to delete uploaded
    images within the timeframes stated in our Privacy Policy and Biometric
    Data Notice and Consent;
  • You upload all images and visual content to the Try-On Feature at
    your own risk;
  • To the extent permitted by applicable law, Diamente LLC is not
    liable for any exposure, unauthorized access, leakage, or disclosure of
    uploaded images that occurs during any period of delayed deletion,
    provided we have implemented and maintained commercially reasonable
    security measures.

8.9 User Representations for
Try-On

By uploading any photograph to the Try-On Feature, you expressly
represent, warrant, and agree that:

  • The photograph is a Self-Photograph — you are the sole
    identifiable human subject;
  • You own all intellectual-property rights in the uploaded
    photograph or hold all necessary licenses and permissions;
  • The photograph does not depict any Minor;
  • The photograph was not obtained through unlawful means;
  • Your use of the photograph complies with all applicable laws,
    including any applicable biometric-privacy and right-of-publicity
    laws;
  • You are at least 18 years of age and not a resident of, or
    located in, Illinois.

8.10 User
Indemnification for Try-On Misuse

You agree to indemnify, defend, and hold harmless Diamente LLC,
MakeOutfit, and their respective parents, subsidiaries, affiliates,
officers, directors, employees, agents, contractors, licensors,
successors, and assigns (collectively, the “MakeOutfit
Indemnitees”) from and against any and all claims, demands,
actions, suits, proceedings, damages, losses, liabilities, costs, and
expenses (including reasonable attorneys’ fees and court costs) arising
out of or related to: (i) your use of the Try-On Feature; (ii) any
photograph or image you upload; (iii) any breach by you of any
representation or warranty in Section 8.9; (iv) your infringement or
misappropriation of any third party’s rights; or (v) your violation of
any applicable law.

9. Biometric Data

The Try-On Feature processes Biometric Data — including facial- and
body-geometry measurements derived from your uploaded Self-Photograph —
solely to generate AI Outputs. Before activating the Try-On Feature for
the first time, you will be presented with a separate Biometric Data
Notice and Consent screen describing our practices and asking for your
affirmative, informed consent. You must complete that consent flow
before any Biometric Data is collected.

9.2 Purpose Limitation; No
Sale or Profit

We do not sell, lease, trade, or otherwise profit from Biometric
Data. We do not use Biometric Data for identification, surveillance,
advertising, marketing profiling, AI-model training, or any other
secondary purpose without your separate affirmative consent.

9.3 Security

We maintain commercially reasonable administrative, technical, and
physical safeguards to protect Biometric Data, including encryption in
transit and at rest, role-based access controls, and regular review of
safeguards. No system is perfectly secure, and we cannot guarantee
absolute security.

9.4 Retention and Destruction

Biometric Data is retained only for the period strictly necessary to
provide the Try-On Feature, and is permanently destroyed within
72 hours following the earliest of: (a) the User’s deletion of
the relevant photograph or AI Output; (b) the User’s closure of the
Account; (c) the User’s verified written request for deletion; or (d)
the date the Biometric Data is no longer necessary to fulfill the
purpose for which it was collected. In no event is Biometric Data
retained longer than permitted by Texas Bus. & Com. Code §
503.001(c)(2).

9.5 Texas CUBI Act

In compliance with the Texas Capture or Use of Biometric Identifier
Act, Tex. Bus. & Com. Code § 503.001, we (i) provide notice and
obtain consent before capturing biometric identifiers; (ii) do not sell,
lease, or otherwise disclose biometric identifiers except as expressly
permitted by that statute; (iii) protect biometric identifiers using
reasonable care; and (iv) destroy biometric identifiers within a
reasonable time and in any event within one year after the purpose for
collection expires.

9.6 Illinois
BIPA — Not Available to Illinois Residents

The Try-On Feature is not available to Illinois residents, and we do
not knowingly collect Biometric Data from Illinois residents. If you
believe you are an Illinois resident and have nevertheless used the
Try-On Feature, please contact [email protected] so we can promptly
delete any associated data.

9.7 Other State Biometric Laws

For users in jurisdictions with biometric-privacy statutes other than
those expressly addressed above (including Wash. Rev. Code Ch. 19.375
and the New York City biometric law, N.Y.C. Admin. Code § 22-1201, and
biometric-data provisions of state comprehensive privacy laws), our
practices are intended to comply with those statutes. Where any such
statute provides greater protection than these Terms, that statute
controls.

You may withdraw consent to Biometric Data processing at any time by
discontinuing use of the Try-On Feature and submitting a deletion
request to [email protected]. Withdrawal of consent does not affect
the lawfulness of processing prior to withdrawal.

10. Content Standards
and Prohibited Conduct

10.1 General Conduct Standards

All Users must conduct themselves lawfully and in good faith. You
agree not to:

  • Use the Platform in any manner that violates any applicable
    local, state, federal, or international law, regulation, or
    treaty;
  • Post, upload, transmit, or distribute any content that is
    defamatory, harassing, abusive, threatening, obscene, pornographic,
    sexually explicit, fraudulent, hateful, or otherwise
    objectionable;
  • Infringe or misappropriate any intellectual-property, privacy,
    publicity, or other right of any person or entity;
  • Impersonate any person or entity, or falsely state or
    misrepresent your affiliation with any person or entity;
  • Collect, harvest, or store personal data about other users
    without their consent;
  • Use the Platform to conduct any commercial transaction with
    another user outside the Platform’s intended functionality;
  • Engage in any conduct that restricts or inhibits another user’s
    use or enjoyment of the Platform;
  • Attempt to gain unauthorized access to any portion of the
    Platform, its computer systems, or other users’ Accounts;
  • Probe, scan, or test the vulnerability of the Platform or
    circumvent any security or authentication measures;
  • Submit false, misleading, or deceptive information, including
    during Account registration;
  • Use Platform Content, AI Outputs, or User Content to train,
    fine-tune, evaluate, or otherwise develop any AI, machine-learning, or
    generative model or system;
  • Distribute, display, or publish the Platform in any manner not
    expressly permitted by these Terms;
  • Engage in automated data extraction, scraping, crawling, or
    indexing of the Platform;
  • Access or use the Platform if you have previously been terminated
    or suspended.

10.2 Try-On Feature
Prohibited Conduct

The general prohibitions in Section 10.1 apply to all use of the
Try-On Feature in addition to the specific prohibitions in Section
8.4.

11. Subscriptions,
Auto-Renewal, and Payment Terms

11.1 Subscription Plans

Certain features of the Platform require a paid Subscription, managed
at subscription.makeoutfit.com. By purchasing a Subscription, you agree
to pay all applicable fees as set out in the selected plan at the time
of purchase, plus all applicable taxes. The minimum Subscription term is
one (1) month, unless a shorter minimum term is expressly stated in a
promotional offer at the time of enrollment.

11.2 Auto-Renewal — Important
Disclosure

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH
BILLING CYCLE (MONTHLY OR ANNUALLY, AS APPLICABLE) AT THE THEN-CURRENT
SUBSCRIPTION RATE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. WE WILL
CHARGE THE PAYMENT METHOD ON FILE FOR EACH RENEWAL CHARGE WITHOUT
FURTHER ACTION FROM YOU.

In compliance with the California Automatic Renewal Law (Cal. Bus.
& Prof. Code § 17600 et seq.), the federal Restore Online Shoppers’
Confidence Act (15 U.S.C. §§ 8401–8405), the FTC’s Negative Option /
“Click-to-Cancel” Rule, and similar laws in other states:

  • Recurring charges. Your Subscription renews
    automatically until you cancel.
  • Length of renewal term. Each renewal term is the
    same length as the original Subscription term.
  • Renewal price. Renewals charge the then-current
    price. We will provide at least thirty (30) days’ advance notice by
    email of any price change before it takes effect.
  • How to cancel. You may cancel at any time, free
    of charge, through your Account settings at subscription.makeoutfit.com
    or by emailing [email protected]. Cancellation is at least as
    easy as enrollment, does not require contact with a representative, and
    takes effect at the end of the current billing cycle.
  • Renewal reminder. For annual Subscriptions, we
    will send an email reminder 15–45 days before each renewal
    charge.
  • Free trials. If a Subscription includes a free
    trial or promotional coupon, the trial automatically converts to a paid
    Subscription at the end of the trial period unless you cancel before the
    trial ends. The conversion price and procedure are disclosed at the time
    of enrollment, and we will send a reminder email at least three (3) days
    before the trial ends.

11.3 Cancellation and
Continued Access

When
you cancel a Subscription, your cancellation takes effect at the end of
the then-current billing cycle. Your Subscription and access to its paid
features remain active through the last day of the period you have
already paid for. We do not charge you again after that date. No
partial-period or prorated refund is provided for the remaining days of
a cancelled period. Re-subscribing after cancellation begins a new
billing cycle at the then-current rate.

How cancellation works. When you cancel a
Subscription, your cancellation takes effect at the end of the
then-current billing cycle. Your Subscription — and access to its paid
features — remains active through the last day of the period you have
already paid for. We do not charge you again after that date. No
partial-period or pro-rated refund is provided for the remaining days of
a cancelled period. Re-subscribing after cancellation begins a new
billing cycle at the then-current rate.

11.4 Refund Policy

Except as required by applicable mandatory consumer-protection law
(including the Texas Deceptive Trade Practices–Consumer Protection Act,
Tex. Bus. & Com. Code §§ 17.41–17.63 (“DTPA”), and analogous state
statutes), Subscription fees are non-refundable. No refund or credit
will be issued for: (a) partial Subscription periods; (b) unused
features or Credits; or (c) Account suspensions or terminations
resulting from violations of these Terms (see Sections 8.6 and 8.7).
This Section does not limit any non-waivable refund right under
applicable consumer-protection law.

11.5 Payment Processing

Payment processing is performed by Stripe, Inc. (“Stripe”), our
third-party payment processor. Your use of Stripe is subject to Stripe’s
own terms and privacy policy. We do not store complete payment-card
information on our servers. By providing payment information, you
authorize Diamente LLC and Stripe to charge your selected payment method
for all fees due, including initial charges, recurring renewal charges,
and any prorated charges arising from a plan change as described in
Section 11.6.

11.6 Plan
Changes, Upgrades, Downgrades, and Proration

You may upgrade or downgrade your active Subscription plan at any
time through your Account settings. When you change to a different plan,
the change takes effect immediately, and access to the new plan’s
features is granted immediately upon successful payment. A plan change
does not cancel or interrupt your Subscription.

Billing for a plan change is calculated on a prorated basis rather
than charging the full price of the new plan from the date of the
change. Specifically: (a) the remaining unused value of your current
plan, based on the number of days left in the current billing period, is
credited toward the new plan; (b) you are charged only the difference
between the cost of the new plan and that credited amount for the
remainder of the current billing period; and (c) starting from your next
billing cycle, you are charged the full price of the new plan on a
recurring basis. For example, if you switch plans 15 days into a 30-day
billing period, you receive credit for the 15 unused days of your
current plan and are charged only for the 15 remaining days at the new
plan’s rate.

If you downgrade to a lower-priced plan, the prorated credit from
your current plan is applied to your next invoice. No cash refunds are
issued for downgrades; prorated credits are applied to future billing
only and have no cash value.

If a prorated charge required to complete a plan change is declined
or otherwise fails, the plan change will not be completed and you will
remain on your current plan until a valid payment is processed.

11.7 Taxes

You are responsible for all sales, use, value-added, and other taxes
applicable to Subscription fees and Credit purchases, except for taxes
based on Diamente LLC’s net income. Where required, we will collect and
remit applicable taxes.

12. Try-On Credits
(Non-Subscription Purchases)

In addition to Subscriptions, the Platform allows consumers to
purchase prepaid Credits to access the Try-On Feature without an ongoing
Subscription. The following terms apply to Credits.

12.1 What Credits Are

  • Prepaid, one-time purchases. Credits are
    purchased in advance in the amounts and at the prices displayed at the
    time of purchase, plus applicable taxes. Credits are consumed when you
    use the Try-On Feature, at the rate disclosed at purchase or in your
    Account.
  • No auto-renewal. Credits are a one-time purchase
    and do NOT automatically renew or rebill. Purchasing Credits does not
    enroll you in any Subscription. You will only be charged again if and
    when you choose to buy additional Credits.

12.2 Expiration

Unless a longer period is stated at the time of purchase or required
by applicable law, Credits expire twelve (12) months
after the date of purchase. Expired Credits are forfeited and are not
refundable or exchangeable. Where applicable law prohibits or limits
expiration of prepaid balances, we will honor that law.

12.3 No Cash Value;
Non-Transferable

Credits have no cash value, are not redeemable for cash, and are not
transferable or assignable to any other Account or person except as
required by applicable law. Credits are not a stored-value or gift-card
product and may not be resold.

12.4 Refunds for Credits

Except as required by applicable mandatory consumer-protection law,
Credit purchases are non-refundable, including for unused Credits. If
your Account is terminated for violation of these Terms, any remaining
Credits are forfeited without refund. If your Account is closed by you
in good standing, unused Credits are forfeited at closure unless
applicable law requires otherwise.

12.5 Changes to Credit
Pricing or Mechanics

We may change Credit prices, package sizes, and the number of Credits
consumed per Try-On from time to time. Changes apply only to purchases
and usage occurring after the change takes effect; they do not
retroactively reduce Credits you have already purchased.

13. Brand Partners and
Subscribers

Boutiques, brands, and retailers may apply to register as Brand
Partners and purchase a Subscription. By registering, you additionally
agree to our Subscriber Agreement, which governs the relationship
between Diamente LLC and Brand Partners, including content licensing,
billing, and partner obligations. Brand Partners are responsible for
ensuring that all product listings, images, and content they submit
comply with these Terms, the Subscriber Agreement, the Federal Trade
Commission Endorsement Guides (16 C.F.R. Part 255), and all other
applicable laws.

We reserve the right to remove any Partner listing or content that
violates these Terms or the Subscriber Agreement, without notice or
refund. We may share aggregated, anonymized analytics with Partners
about product performance; we do not share personal data of Platform
users with Partners except as permitted by the Privacy Policy and
applicable law.

14. Privacy and Data
Protection

Your privacy is important to us. Our Privacy Policy, available at
makeoutfit.com/privacy, is incorporated by reference and forms part of
these Terms. The Privacy Policy describes how we collect, use, share,
and protect your information, including Biometric Data when you use the
Try-On Feature, and explains the rights available to you under
applicable state and federal privacy laws. In the event of a conflict
between these Terms and the Privacy Policy on a privacy matter, the
Privacy Policy controls.

15. Cookies and Tracking
Technologies

We use cookies and similar tracking technologies (including web
beacons and pixel tags) to operate the Platform and provide a better
user experience. Cookie types include strictly necessary cookies,
performance/analytics cookies, preference cookies, and (where you
consent) marketing cookies. You may manage cookie preferences through
the cookie banner presented on first visit, through your Account
settings, or through your browser settings. Disabling strictly necessary
cookies may impair Platform functionality.

16. Third-Party Websites and
Services

The Platform may contain links to third-party websites, including
Brand Partner websites and social-networking platforms. When you click
such a link, you leave the Platform, and your activity on the
third-party website is governed solely by that website’s own terms and
privacy policy. Diamente LLC has no control over, and is not responsible
for, the content, privacy practices, or security of any third-party
website.

If you connect your Account to a social-networking platform (such as
Facebook, Google, or Apple ID), you grant us permission to access
information you authorize through that platform. Interactions with Brand
Partners, merchants, or advertisers found through the Platform are
solely between you and those parties. We are not responsible for any
loss or damage resulting from those interactions.

17. Mobile Application Terms

If you download or use any MakeOutfit mobile application (the
“App”), the following additional terms apply.

Note on Payment Channels: The Apple App Store and Google Play
provisions in Sections 17.2 and 17.3 apply only if MakeOutfit
distributes a mobile application through those marketplaces and
processes in-app purchases through Apple or Google billing. If
subscriptions and Credits are sold exclusively through the MakeOutfit
web portal, Apple and Google billing terms do not apply to those
transactions. Diamente LLC will confirm the applicable payment channels
before final publication of these Terms.

17.1 App License

Diamente LLC grants you a limited, non-exclusive, non-transferable,
revocable license to install and use one copy of the App on a device you
own or control, solely for your personal, non-commercial use, subject to
your compliance with these Terms.

17.2 Apple App Store Provisions

If you obtained the App from the Apple App Store, you acknowledge and
agree that:

  • These Terms are between you and Diamente LLC only, and not with
    Apple Inc. (“Apple”); Diamente LLC, not Apple, is solely responsible for
    the App and its content;
  • Apple has no obligation whatsoever to furnish any 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, and Apple will refund the
    purchase price (if any). To the maximum extent permitted by law, Apple
    has no other warranty obligation with respect to the App;
  • Diamente LLC, not Apple, is responsible for addressing any
    product or intellectual-property claims relating to the App;
  • You must comply with all applicable third-party terms (such as
    your wireless carrier’s terms) and the Apple Media Services
    Terms;
  • Apple and its subsidiaries are third-party beneficiaries of these
    Terms, and upon your acceptance, Apple has the right to enforce these
    Terms against you as a third-party beneficiary.

17.3 Google Play Store
Provisions

If you obtained the App from Google Play, these Terms are between you
and Diamente LLC only, and not with Google. Google has no responsibility
for the App or its content. The Google Play Terms of Service apply to
your download and use of the App from Google Play.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES — INCLUDING THE TRY-ON
FEATURE AND ALL AI OUTPUTS — ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE.

DIAMENTE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RELIABILITY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TEXAS DTPA AND
ANALOGOUS STATE CONSUMER-PROTECTION STATUTES ARE NOT WAIVED BY THIS
SECTION TO THE EXTENT WAIVER IS PROHIBITED. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING
EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL DIAMENTE LLC, MAKEOUTFIT, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR
OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF OR INABILITY TO USE THE PLATFORM (INCLUDING THE TRY-ON FEATURE), ANY
AI OUTPUT, UNAUTHORIZED ACCESS TO YOUR DATA, ANY DELAY OR FAILURE IN
DELETION OF UPLOADED IMAGES OR BIOMETRIC DATA, ANY USER CONTENT, OR ANY
THIRD-PARTY CONTENT OR SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY
ASSERTED AND EVEN IF DIAMENTE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. DIAMENTE LLC’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS
SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO
DIAMENTE LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE
TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD
$100.00).

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE
LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR (i) PERSONAL
INJURY OR DEATH CAUSED BY OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL
MISCONDUCT, OR (ii) NON-WAIVABLE CONSUMER-PROTECTION CLAIMS UNDER THE
TEXAS DTPA OR ANALOGOUS STATE STATUTES.

20. Indemnification

You agree to indemnify, defend, and hold harmless the MakeOutfit
Indemnitees from and against any and all claims, demands, actions,
suits, proceedings, damages, losses, liabilities, costs, and expenses
(including reasonable attorneys’ fees and court costs) arising out of or
related to: your access to or use of the Platform; your User Content,
including any photograph uploaded to the Try-On Feature; your violation
of these Terms or our Privacy Policy; your violation of any applicable
law, including biometric-privacy and right-of-publicity laws; your
infringement or misappropriation of any third party’s rights; or any
claim by a third party arising from your unauthorized upload of that
person’s image or biometric information.

Diamente LLC reserves the right to assume the exclusive defense and
control of any matter for which you are required to indemnify us, in
which case you agree to cooperate with our defense at your expense. You
may not settle any claim without our prior written consent.

21.
Dispute Resolution; Binding Arbitration; Class-Action and Jury-Trial
Waivers

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES
TO BE RESOLVED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION RATHER THAN
IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN
A CLASS ACTION.

21.1 Governing Law

These Terms and any dispute arising from or related to them or your
use of the Platform are governed by and construed in accordance with the
laws of the State of Texas, U.S.A., without regard to its
conflict-of-law principles. The United Nations Convention on Contracts
for the International Sale of Goods does not apply.

21.2 Informal Dispute
Resolution

Before initiating any formal dispute, you agree to first contact us
at [email protected] with a written description of the dispute,
including your name, contact information, the specific facts giving rise
to the dispute, and the relief you seek. The parties agree to negotiate
in good faith for at least sixty (60) days following our receipt of your
notice. Compliance with this informal-resolution procedure is a
condition precedent to any formal proceeding.

21.3 Binding Individual
Arbitration

Subject to the exceptions in Section 21.7, any dispute, claim, or
controversy arising out of or relating to these Terms, the Platform, or
the relationship between you and Diamente LLC (“Dispute”) shall be
resolved by binding individual arbitration administered by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules
and, where applicable, its Mass Arbitration Supplementary Rules. The
Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the
interpretation and enforcement of this Section. This arbitration
agreement shall survive the termination of your Account, the termination
or expiration of these Terms, and any other cessation of the
relationship between you and Diamente LLC.

The arbitration shall be conducted by a single arbitrator. The seat
of arbitration is Travis County, Texas; at your election, hearings may
be conducted by telephone or videoconference, or in writing only for
claims under USD $25,000. The arbitrator’s decision shall be final and
binding and may be entered as a judgment in any court of competent
jurisdiction. Each party bears its own attorneys’ fees and costs except
as the AAA Rules or applicable law provide otherwise. Where the AAA
Consumer Rules require Diamente LLC to pay arbitration fees, Diamente
LLC will do so.

21.4 Mass Arbitration
Procedures

If 25 or more similar arbitration demands are filed against Diamente
LLC by or with the coordination of the same law firm or coordinated
counsel within a 60-day window, the demands shall be resolved in stages
under the AAA Mass Arbitration Supplementary Rules, including any
bellwether procedures, fee structure, and global mediation procedures
specified by those Rules. The statute of limitations and any contractual
deadline are tolled for all such demands during any process pause
established under those Rules.

21.5 Class-Action Waiver

BY AGREEING TO THESE TERMS, YOU AND DIAMENTE LLC EACH WAIVE
THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS,
COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE
PROCEEDING. ALL DISPUTES SUBJECT TO ARBITRATION MUST BE BROUGHT IN AN
INDIVIDUAL CAPACITY ONLY.

21.6 Jury-Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, YOU AND DIAMENTE LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE
ANY RIGHT TO TRIAL BY JURY.

21.7 Exceptions and Carve-Outs

Notwithstanding the foregoing: either party may bring an individual
action in small-claims court if the claim qualifies for small-claims
jurisdiction; either party may seek injunctive or other equitable relief
in a court of competent jurisdiction to prevent immediate and
irreparable harm pending arbitration, including for actual or threatened
infringement of intellectual-property rights; and claims that cannot
lawfully be required to be arbitrated under applicable law are excluded
from the arbitration requirement.

21.8 30-Day Right to Opt
Out of Arbitration

You may opt out of the arbitration agreement and class-action waiver
by sending a written notice to [email protected] or to Diamente LLC,
110 N Interstate 35, Ste 315 PMB 1015, Round Rock,
Texas 78681, postmarked no later than 30 days after the date you first
accept these Terms. The notice must include your name, mailing address,
email address associated with your Account, and a clear statement that
you wish to opt out. Opting out of arbitration will not affect any other
provision of these Terms.

21.9 Severability of
Arbitration Provisions

If any portion of this Section 21 is held invalid or unenforceable,
the remainder shall continue in full force and effect, except that if
the Class-Action Waiver in Section 21.5 is held unenforceable as to any
claim, that claim (and only that claim) shall be severed from
arbitration and proceed in court.

21.10 Venue for
Non-Arbitrable Disputes

Subject to the foregoing arbitration provisions, the parties consent
to the exclusive jurisdiction and venue of the state and federal courts
located in Travis County, Texas (in which Pflugerville is located) for
the resolution of any Dispute not subject to arbitration. Nothing in
this Section limits any non-waivable right you may have under the law of
the state in which you reside.

22. Termination

We may, in our sole discretion and to the extent permitted by law,
suspend or terminate your access to the Platform or any feature at any
time, with or without notice and with or without cause, including for
your violation of these Terms or applicable law. We may also pursue all
available legal and equitable remedies.

Upon termination: (a) your license to use the Platform immediately
ceases; (b) you must cease all use of the Platform; and (c) we may
delete your Account and associated data in accordance with our Privacy
Policy and applicable law. Provisions of these Terms that by their
nature should survive termination — including Sections 6, 7.1, 8.5–8.10,
9, 10, 12.4, 18, 19, 20, 21, 23, 24, and 26 — survive termination.

You may terminate your Account at any time through Account settings
or by contacting [email protected]. Termination of your Account
does not entitle you to any refund of Subscription fees or Credits
except as required by applicable law.

23. Force Majeure

Diamente LLC and MakeOutfit shall not be liable for any delay or
failure to perform any obligation under these Terms arising from causes
beyond our reasonable control, including acts of God, natural disasters,
pandemics, epidemics, governmental actions or orders, war, terrorism,
civil unrest, labor disputes, cyberattacks, internet or
telecommunications outages, power failures, third-party AI service
outages, or failures of third-party service providers. Our obligations
are suspended for the duration of the force-majeure event, and we will
use commercially reasonable efforts to resume normal operations as soon
as practicable.

24. Reporting Unauthorized
Content

If you believe another user has uploaded your photograph or image to
the Platform — including through the Try-On Feature — without your
consent, please contact us immediately at [email protected] or
through the in-Platform reporting tool. For reports of NCII or imagery
covered by the Take It Down Act, please contact [email protected] (see
Section 7.5). For copyright reports, see Section 7.4.

We take reports of unauthorized image uploads seriously. Upon
verification, we will remove the reported content within 48 hours and
may suspend or permanently terminate the responsible Account. Repeat
violators will be permanently banned. We reserve the right to refer
serious violations to law-enforcement authorities.

25. Notices to
Residents of Specific States

25.1 California Residents

Under the California Consumer Privacy Act of 2018, as amended by the
California Privacy Rights Act (Cal. Civ. Code § 1798.100 et seq.)
(“CCPA”), California residents have rights including the right to know,
delete, correct, opt out of the sale or sharing of personal information,
limit the use of sensitive personal information, and non-discrimination.
Biometric Data is “sensitive personal information” under the CCPA. We do
not sell personal information for monetary value. Detailed information
is set out in our Privacy Policy at makeoutfit.com/privacy. Under
California Civil Code § 1789.3, California residents may contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834, or (800) 952-5210.

25.2 Other States
with Comprehensive Privacy Laws

Residents of states with comprehensive privacy statutes — including
Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa,
Indiana, Tennessee, Florida, Delaware, New Hampshire, New Jersey,
Kentucky, Maryland, Minnesota, and Rhode Island — have rights including
(depending on the statute) the right to access, correct, delete, and
obtain a portable copy of personal data; the right to opt out of
targeted advertising, sale, or certain profiling; and the right to limit
processing of sensitive data such as Biometric Data. Instructions for
exercising rights are in our Privacy Policy.

25.3 Illinois Residents

The Try-On Feature is not available to Illinois residents. We do not
knowingly collect Biometric Data from Illinois residents. If you believe
you are an Illinois resident and have nevertheless used the Try-On
Feature, please contact [email protected] so we can promptly delete
any associated data.

25.4 New Jersey Residents

Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and
Notice Act (N.J. Stat. § 56:12-14 et seq.), the limitations of liability
and waivers in these Terms apply only to the extent permitted by New
Jersey law for New Jersey consumers.

26. General Provisions

26.1 Electronic Communications

You consent to receiving communications from us electronically —
including email, in-Platform notifications, and (where you have opted
in) push notifications and SMS. Electronic notices, agreements, and
disclosures satisfy any legal requirement that such communications be in
writing.

26.2 Severability

If any provision of these Terms is held invalid, unenforceable, or
contrary to applicable law, that provision shall be modified to the
minimum extent necessary to render it enforceable, and all other
provisions shall remain in full force and effect.

26.3 No Waiver

Our failure to enforce any right or provision of these Terms shall
not constitute a waiver of that right or provision. Any waiver must be
in writing and signed by an authorized representative of Diamente
LLC.

26.4 Assignment

You may not assign, sublicense, or transfer these Terms or any rights
or obligations under them without our prior written consent. Any
attempted assignment without consent is void. Diamente LLC may assign
these Terms or any rights or obligations under them, in whole or in
part, without restriction.

26.5 Entire Agreement

These Terms, together with the Privacy Policy, the Biometric Data
Notice and Consent (where applicable), any applicable Subscriber
Agreement, and any supplementary terms incorporated by reference,
constitute the entire agreement between you and Diamente LLC with
respect to the Platform and supersede all prior or contemporaneous
agreements, representations, and understandings. No oral modification of
these Terms is effective.

26.6 Headings; Construction

Section headings are for convenience only and do not affect the
interpretation of these Terms. The words “include” and “including” are
illustrative and not limiting.

26.7 Language

These Terms are written in English. To the extent any translation
conflicts with the English version, the English version controls, except
where applicable law requires otherwise.

26.8 Export Controls and
Sanctions

You represent and warrant that you are not located in, and are not a
national or resident of, any jurisdiction subject to U.S. embargo or
comprehensive sanctions, and that you are not on any U.S. government
list of restricted parties. You agree to comply with all applicable
export-control and sanctions laws.

26.9 No Third-Party
Beneficiaries

Except as expressly provided in Section 17.2 with respect to Apple
Inc., these Terms do not create any third-party beneficiary rights.

27. Contact Information

For questions, concerns, or requests related to these Terms or the
Platform, please contact:

Diamente LLC, d/b/a MakeOutfit

110 N Interstate 35, Ste 315 PMB 1015

Round Rock, Texas 78681, USA

General: [email protected]

Privacy / Biometric: [email protected]

Subscriptions: [email protected]

DMCA: [email protected]

NCII / Take It Down: [email protected]

Legal Notices and Arbitration Opt-Out: [email protected]