1. Agreement to These Terms
By accessing or using the Services, creating an account, or clicking to accept where offered, you agree to be bound by these Terms. If you do not agree, do not use the Services. We may present additional terms for specific features; those terms become part of your agreement with us when you use those features. Our Terms of Sale and Return & Refund Policy apply to any purchase of Products and are incorporated into these Terms by reference.
2. Who We Are
The Services are provided by Cruxnd Haze, Inc., 1111B, S Governors Ave STE 48063, Dover, Delaware 19904, USA.
Legal notices: legal@hazecouture.com
Support: support@hazecouture.com
Privacy requests: support@hazecouture.com
When you buy a physical Product through the Services, Haze, not the brand featured on the Services, is the seller of record. Haze collects your payment and is responsible to you for that sale. Brands are Haze’s suppliers and fulfillment partners. This relationship is described in our Terms of Sale. It does not change the license in Section 4, which governs your use of the Services (the app and website) separately from any purchase of Products.
3. Eligibility and Accounts
Age. You must be at least 13 years old to use the Services. If you are under 18 (or under the age of majority where you live), you may use the Services only with the permission of a parent or legal guardian, and:
- you may not complete a purchase unless a parent or legal guardian has authorized it and agrees to be responsible for it; and
- we will ask for a parent’s or guardian’s consent before we process a face scan or body scan of a person under 18, as described in our Privacy Policy.
If you are a parent or guardian and allow a minor to use the Services, you accept these Terms on the minor’s behalf and are responsible for the minor’s activity. We do not knowingly allow children under 13 to use the Services. If we learn that a child under 13 has an account, we will delete it.
Accounts. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorized use. You must provide accurate information and keep it up to date.
4. License to Use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes (or your internal business purposes, if you use the Services for an organization). Software and apps are licensed, not sold. You may not copy, modify, distribute, sell, lease, or reverse engineer the Services except as permitted by law or with our written consent. You may not use the Services in any way that could damage, disable, or overburden our systems or networks.
This license governs your use of the Services themselves. It does not govern, and is not affected by, Haze’s role as seller of record for Products.
5. Acceptable Use
You agree not to:
- violate any law or any third-party right, including intellectual property, privacy, and publicity rights;
- upload a scan, photo, or image of another person without that person’s permission (or, for a minor, the permission of the minor’s parent or guardian);
- upload sexual, exploitative, or otherwise unlawful content, or any image of a person under 18 that is sexualized;
- harass, abuse, stalk, threaten, or defame any person or entity;
- upload malware, interfere with security, or attempt unauthorized access;
- scrape, crawl, or data-mine the Services without permission;
- use the Services or their outputs to build or train a competing product or service;
- circumvent technical limits, billing, or access controls; or
- use the Services for any fraudulent or illegal purpose.
We may investigate and take appropriate action, including removing content and suspending or terminating access, and we may report unlawful content to the authorities.
6. User Content, Community Features, and Intellectual Property
Your content. You keep ownership of the photos, scans, text, and other content you submit (“User Content”). You grant Haze a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display your User Content solely as needed to operate and provide the Services to you (for example, to create your mannequin and generate try-on images), to keep the Services secure, and to comply with law. This license lasts as long as your User Content is on the Services and ends when it is deleted, subject to the retention periods in our Privacy Policy.
Sharing and community features. If you choose to share User Content publicly, in chat, or with other users, you also grant Haze and the recipients you select a license to display it in the way you chose. You can stop sharing at any time. Do not share content of another person without that person’s permission.
AI training. We do not use your face scans, body scans, or the images and models derived from them to train or improve machine-learning models unless you separately and expressly opt in. You can withdraw that choice at any time in your settings or by contacting support@hazecouture.com.
AI-generated outputs. Try-on images and other outputs generated for you are provided for your personal, non-commercial use. As between you and Haze, you may use outputs generated from your own User Content for personal purposes, but garments, brand names, logos, and designs shown in outputs belong to their respective owners. Similar outputs may be generated for other users, and we make no promise that outputs are unique or protectable by copyright.
Our property. The Services, including software, designs, text, graphics, models, and trademarks, are owned by Haze or our licensors and are protected by intellectual property laws. No rights are granted to you except the limited license in Section 4. Brand names, product images, and marks displayed on the Services belong to the relevant brands.
Copyright and content complaints. If you believe content on the Services infringes your rights or is unlawful, send a notice to legal@hazecouture.com identifying the content, the rights concerned, and your contact details, and stating in good faith why you believe it is infringing or unlawful. We will review notices and may remove content and terminate repeat infringers. This address is also our point of contact for regulators and for users in the European Union for purposes of the EU Digital Services Act.
7. Body Scan, 3D, AI, and Fit Disclaimers
Features involving body scans, 3D models, measurements, and AI-generated try-on or styling outputs are provided for convenience and fashion shopping only. They are not medical, health, or professional fitting advice. Results vary with inputs, lighting, camera quality, clothing worn during scanning, screen calibration, and the algorithms used. Colors, drape, and fit shown on screen may differ from the real Product. We do not guarantee fit, sizing accuracy, or color accuracy. Always check the brand’s size chart and care guidance.
Nothing in this Section limits your legal rights if a Product is defective, is not as described, or is otherwise non-conforming. Those rights are set out in the Terms of Sale and the Return & Refund Policy.
8. Third-Party Services and App Stores
The Services may integrate with or link to third-party websites, payment providers, shipping carriers, messaging providers, analytics, embedded apps, and other services (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy policies. We are not responsible for third-party content or practices.
Apple App Store. If you download our mobile app from the Apple App Store, you acknowledge that these Terms are between you and Cruxnd Haze, Inc., not Apple Inc. (“Apple”). Apple has no obligation to furnish maintenance or support for the app. If the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund any purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the app, including product liability claims, legal or regulatory compliance claims, or consumer protection claims, or for claims that the app infringes third-party intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the app and may enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list, and you must comply with applicable third-party terms, including the App Store terms of service. Your license is further subject to Apple’s Licensed Application End User License Agreement to the extent it applies.
Google Play and other stores. If you obtain our app from Google Play or another store, that platform’s terms also apply between you and the platform provider.
9. Fees, Payments, and Subscriptions
This Section 9 applies only to in-app purchases and subscriptions for digital features of the Services (for example, premium fit or styling features). It does not apply to Products. Purchases of physical Products are governed exclusively by our Terms of Sale and Return & Refund Policy.
Prices and terms for digital features are presented at purchase. Payments may be processed by third-party processors or app stores. Subscriptions, renewals, and cancellations are governed by the terms shown at checkout and by platform rules where purchases are made through Apple or Google. We will tell you the price, the billing period, and how to cancel before you subscribe, and we will obtain your consent before any recurring charge. Applicable taxes may be added. Unless required by law, fees for digital features are non-refundable except as stated at purchase. If you are a consumer in the European Union or United Kingdom, you may have a right to withdraw from a digital purchase within 14 days unless you asked us to start the service immediately and acknowledged that you lose that right once the service has been fully performed.
10. Messages and Electronic Communications
By giving us your contact details you agree that we may send you service and account messages (for example, order updates, security alerts, and receipts) by email, in-app notice, text, or messaging apps such as Apple Messages for Business. We send marketing messages only where you have opted in as required by law. You can opt out of marketing at any time by following the instructions in the message (for text messages, by replying STOP), by changing your settings, or by contacting support@hazecouture.com. Message and data rates may apply. Opting out of marketing does not stop service messages about an order or your account.
11. Suspension and Termination
We may suspend or terminate your access to the Services if you violate these Terms or if we need to protect security or users or to comply with law. Where practicable and lawful we will tell you why and, where appropriate, let you respond.
You may stop using the Services and delete your account at any time. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive. Ending your access to the Services does not cancel or affect any completed contract of sale for a Product, which continues to be governed by the Terms of Sale and the Return & Refund Policy.
12. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
This Section applies to the Services (the app, website, and features). It does not limit any warranty, guarantee, or remedy that the law gives you for Products you buy from us.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAZE, ITS DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HAZE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limits do not apply to, and nothing in these Terms excludes or limits: (i) liability for death or personal injury caused by negligence; (ii) liability for fraud or fraudulent misrepresentation; (iii) liability for gross negligence or willful misconduct; (iv) our obligations to you as seller of a Product under the Terms of Sale and Return & Refund Policy, including refunds for defective, non-conforming, or undelivered Products; (v) liability for a data breach or violation of data protection law to the extent it cannot be limited under that law; or (vi) any right or liability that cannot be excluded or limited under the law that applies to you. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
14. Governing Law and Dispute Resolution
14.1 Governing law. These Terms, the Terms of Sale, and the Return & Refund Policy are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, and, for any arbitration, by the Federal Arbitration Act. This choice of law does not remove any mandatory consumer-protection or data-protection right that you have under the law of the country or state where you live.
14.2 Informal resolution first. Before starting any formal proceeding, please contact legal@hazecouture.com with a description of the dispute and the outcome you want. We will try in good faith to resolve it within 30 days.
14.3 Agreement to arbitrate. Except as stated in Sections 14.7 and 14.8, you and Haze agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Terms of Sale, the Return & Refund Policy, the Services, or any Product, including its formation, validity, or enforceability, will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and, where more than 25 similar claims are filed, its Mass Arbitration Supplementary Rules), instead of in court. Either party may instead bring an individual claim in small claims court if it qualifies. Information and forms are available at adr.org.
Fees. You pay only the consumer filing fee set by AAA’s Consumer Arbitration Rules (or the court filing fee, if lower). Haze pays all other AAA administrative fees and the arbitrator’s fees and expenses, unless the arbitrator finds your claim frivolous or brought in bad faith.
Location and format. The arbitration may be conducted by written submissions, by video or telephone, or in person in the county where you live (or, if you live outside the United States, in a location reasonably convenient to you).
Remedies. The arbitrator may award any individual relief a court could award and must follow these Terms and applicable law.
14.4 Class action waiver. You and Haze agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. Neither you nor Haze may bring or join a claim as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this Section 14 will continue to apply to all other claims.
14.5 Opt-out right. You may opt out of the arbitration agreement in Section 14.3 and the class action waiver in Section 14.4 by emailing legal@hazecouture.com within 30 days after you first accept these Terms (for example, when you create your account). Your email must include your name, your account email address, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor Haze is required to arbitrate, and Sections 14.4 and 14.3 will not apply to you. Section 14.6 will govern where disputes are heard, and every other provision of these Terms and of the Terms of Sale and Return & Refund Policy will continue to apply to you. Opting out does not affect any other agreement with Haze.
14.6 Courts. For any dispute that is not subject to arbitration (including small claims, disputes where you have opted out, disputes where the arbitration agreement is found unenforceable, and either party’s request for injunctive relief under Section 14.8), the state and federal courts located in Delaware, USA have exclusive jurisdiction and you consent to personal jurisdiction there, except where mandatory law gives you the right to bring or defend a claim in the courts of the place where you live.
14.7 Consumer-law carve-out (worldwide). If you are a consumer, nothing in this Section 14 limits any right you have under mandatory law that cannot be waived by contract. This includes any right to bring a claim before, or complain to, a court, tribunal, ombudsman, or regulator in your country of residence, and any right to avoid a waiver of collective or class relief. This Section 14 does not apply to you to the extent it would conflict with such a right. In particular, if you are in the European Economic Area or United Kingdom, you may bring proceedings in the courts of your country of residence, and you may use the European Commission’s online dispute resolution information at ec.europa.eu/consumers/odr where available.
14.8 Intellectual property and injunctions. Either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of its intellectual property, or unauthorized access to or use of the Services.
14.9 Limitation period. To the extent allowed by law, a claim arising out of these Terms or the Services must be filed within one (1) year after it arose. This does not shorten any longer period that mandatory law gives you.
15. Export Controls and Sanctions
You may not use or export the Services except as authorized by U.S. and other applicable export control and sanctions laws. You represent that you are not located in a country or region subject to a U.S. government embargo and are not on any U.S. government restricted-party list.
16. Changes to the Services and These Terms
We may update the Services and these Terms from time to time. If we make a material change, we will give you reasonable notice (for example, by email or a notice in the app) before it takes effect, and the “last updated” date above will change. If you keep using the Services after the change takes effect, you accept the updated Terms. If you do not agree, you may stop using the Services and delete your account. Changes do not apply to disputes that arose before the change.
17. Indemnification
To the extent permitted by law, if you are not a consumer acting for personal purposes, you will defend, indemnify, and hold harmless Haze and its officers, directors, and employees from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your User Content or your violation of these Terms or applicable law. If you are a consumer, you are responsible for losses that we suffer because you knowingly violate Section 5, to the extent the law allows.
18. General Provisions
These Terms, together with the Privacy Policy, the Terms of Sale, the Return & Refund Policy, and any additional terms we present for specific features, are the entire agreement between you and Haze about the Services and any purchase of Products. If any provision is held invalid, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Headings are for convenience only. These Terms are written in English; any translation is for convenience, and the English version controls to the extent the law allows.
19. Contact
Questions about these Terms and legal notices: legal@hazecouture.com
Support and privacy requests: support@hazecouture.com
Cruxnd Haze, Inc., 1111B, S Governors Ave STE 48063, Dover, Delaware 19904, USA
Related documents: Terms of Sale, Return & Refund Policy, Privacy Policy, and (for brands) the Brand Merchant Agreement.