Trayve Terms and Conditions

1. AGREEMENT TO TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Customer," "you," or "your"), and Trayve ("Company," "we," "us," or "our"), an individual business operating in Maharashtra, India, concerning your access to and use of the Trayve platform available at https://trayve.app (the "Platform" or "Service").

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last Updated" date of these Terms. You waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply.

2. DESCRIPTION OF SERVICE

2.1 Platform Overview

Trayve is a comprehensive AI-powered fashion content creation platform that provides fashion brands and businesses with professional product photography solutions without traditional photoshoots. The Platform offers four integrated products:

A. Outfit Builder (Non-AI Tool)

• Combine separate clothing items (top, bottom, footwear) into complete outfit images
• Drag-and-drop interface for creating complete looks
• Free to use with no AI processing costs
• Export as PNG/JPEG for use in other Trayve products

B. Virtual Try-On (AI-Powered)

• Place your clothing products on AI-generated models in various poses
• Access to curated library of diverse AI models (22+ models across demographics)
• Multiple pose options (120+ professional poses across all models, averaging 6 poses per model)
• Batch generation of up to 4 poses per generation
• High-resolution output: 2K images (~50-60 seconds) or 4K images (~1 minute)

C. Photo Studio - PostReady (AI-Powered Marketing Mode)

• Create lifestyle and marketing shots for social media
• Transform on-model images with dynamic, themed backgrounds
• Editorial-quality imagery optimized for Instagram, Facebook, Pinterest
• Perfect aspect ratios for various social platforms
• All images generated in 2K resolution with optional 4K upscaling

D. Photo Studio - ShopReady (AI-Powered E-Commerce Mode)

• Generate clean, product-focused photos for online stores
• Multiple product angles on neutral backgrounds
• Optimized for Shopify, Amazon, and e-commerce catalogs
• Consistent lighting and professional presentation
• All images generated in 2K resolution with optional 4K upscaling

2.2 AI Technology and Processing

How Our AI Works:

Trayve uses Google's Vertex AI combined with our own processing pipeline to generate your fashion images. Here's what that means in plain English:

The AI Part:

• We send your clothing images to Google Vertex AI
• The AI analyzes the garment and generates images of models wearing it
• We enhance the results with our own processing to improve quality and consistency

What You Should Know:

Since this involves AI and machine learning, the results aren't always perfect:

• Quality varies: Results depend on your image quality, lighting, garment complexity, and other factors
• Not exact replicas: AI-generated images show how clothes might look, but they're approximations, not photos
• Sometimes unexpected: AI can produce surprising or imperfect results
• Processing takes time: 2K images take approximately 50-60 seconds, 4K images in Virtual Try-On take approximately 1 minute. Photo Studio images are generated in 2K and can be upscaled to 4K.
• Similar results possible: Because we use AI models, other users might get similar-looking results (that's how AI works)
• Your responsibility: You should review generated images before using them commercially

2.3 Service Availability and Modifications

We reserve the right, at our sole discretion, to:

• Modify, update, suspend, or discontinue the Platform or any features at any time
• Update our AI models, model library, pose library, and available features
• Implement usage limitations or restrict access to certain features
• Change the availability of features across different subscription tiers
• Perform maintenance that may temporarily affect Platform availability
• Adjust processing times, resolution options, or output quality
• Modify the pricing structure with notice as set forth in Section 8

We will provide reasonable advance notice of material changes when commercially feasible, but are not obligated to do so for routine updates, security patches, or emergency maintenance. Material changes to AI processing technology or core features will be communicated via email or Platform notification at least 30 days in advance when possible.

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation

To access and use the Platform, you must register and create an account (the "Account"). When you sign up, you need to provide:

• Username: A unique username for your account
• Email address: A valid email address for authentication and communication
• Password: A secure password that you create

That's it. We keep signup simple. If you want, you can optionally add:

• Phone number (for account recovery)
• Business or organization name (if you're using Trayve for your business)

As you use the Platform, you may provide additional information like billing details when subscribing to a paid plan.

3.2 Account Responsibility and Security

You are solely responsible for:

• Maintaining the confidentiality of your Account credentials (username and password)
• All activities that occur under your Account
• All losses, damages, liabilities, and expenses incurred by the Company or any third party due to any unauthorized use of your Account by you, other users, or third parties acting on your behalf
• Notifying the Company immediately of any breach of security or unauthorized use of your Account
• Ensuring all Account information remains accurate, complete, and updated

You agree to notify the Company immediately of any breach of security or unauthorized use of your Account. The Company reserves the right, at its sole discretion, to refuse registration or block user access to the Platform.

3.3 Username and Profile

You may select a username as part of your registration. The Company reserves the right, at its sole discretion, to remove, reclaim, or change any username deemed inappropriate, obscene, misleading, or otherwise objectionable.

3.4 Age Requirements

Eligibility: The Platform is intended for users who are at least 13 years of age. If you are a minor in your jurisdiction (under 18 in most jurisdictions):

• You must have obtained the consent of a parent or legal guardian
• You must have the supervision of a responsible adult when using the Platform
• Your parent/guardian is responsible for all activities conducted under your Account
• Your parent/guardian is liable for any fees, charges, or violations of these Terms

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform.

3.5 Account Termination by Company

We reserve the right to suspend or terminate Accounts that:

• Violate these Terms, our Acceptable Use Policy, or applicable laws
• Engage in fraudulent, abusive, or harmful behavior
• Upload prohibited, illegal, or infringing content
• Attempt to circumvent security measures, usage limitations, or payment requirements
• Remain inactive for extended periods as defined in our data retention policy
• Pose security risks or create liability for the Company or third parties
• Use the Platform in a manner that may cause harm to the Company or other users

4. CUSTOMER DATA AND USER CONTENT

4.1 Customer Data and User Content

"Customer Data" means all data, information, files, documents, images, photographs, and other content that is uploaded, submitted, transmitted, or otherwise made available to or through the Platform by you or your authorized users (collectively, "User Content").

Customer Data includes:

• Clothing images uploaded for processing
• Outfit combinations created using Outfit Builder
• Any metadata, descriptions, or tags associated with uploads
• Communications with customer support

"Licensed Photos" means the AI-generated images and content produced by the Platform based on Customer Data and Platform features (including Virtual Try-On results, PostReady lifestyle images, and ShopReady product photos).

4.2 License to Customer Data

As between you and the Company, you retain all ownership rights in your Customer Data. However, you hereby grant the Company and its sub-processors a limited, non-exclusive, worldwide, royalty-free, fully paid, sublicensable right and license to:

• Access, use, process, modify, copy, download, store, distribute, and display the Customer Data
• For the purpose of providing the Platform services to you (processing your images through Virtual Try-On, PostReady, ShopReady)
• For demonstrating Platform capabilities in marketing materials (with anonymization when technically feasible)
• As required to resolve technical, security, or legal issues
• As otherwise permitted by these Terms or authorized in writing by you

IMPORTANT NOTE ON AI TRAINING: We DO NOT use your Customer Data (uploaded images, generated photos, or personal content) to train or improve our AI models. Your images and content are used solely to provide the service to you. We maintain strict separation between user content and our AI model development processes.

We may use anonymized, aggregated analytics data (such as feature usage statistics, error rates, and performance metrics that do not contain your images or personal information) to improve Platform functionality and user experience.

4.3 Customer Representations and Warranties

You represent and warrant that:

1. Ownership and Rights:

• You own or have all necessary licenses, rights, consents, approvals, and permissions to grant the Company the licenses described in Section 4.2
• You have the authority to upload and process all Customer Data through the Platform
• No Customer Data infringes or violates any copyrights, privacy rights, publicity rights, trademarks, or any other intellectual property or proprietary rights of any third party

2. Legal Compliance:

• Your Customer Data and its use comply with all applicable laws, regulations, and industry standards
• You have obtained all necessary consents for processing any personal data included in Customer Data
• You comply with data privacy and data transfer laws applicable to your use of the Platform

3. No Sensitive Data:

You will not transfer to the Platform any sensitive data protected under special legislation requiring unique treatment, including:

• Protected health information (PHI/ePHI)
• Payment card data (credit card numbers, CVV codes)
• Social security numbers or government identification numbers
• Biometric data used for identification
• Financial account information
• Children's personal information requiring special protection under COPPA or similar laws

4. Content Appropriateness:

Customer Data does not contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable.

4.4 Prohibited User Content

You may not, and may not permit or aid others to, upload, display, post, send, incorporate, or contribute any User Content that:

1. Infringes, violates, or misuses any copyright, patent, trademark, trade secret, or other intellectual property rights of any third party
2. Is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of privacy
3. Contains nudity, pornography, or sexually explicit material
4. Depicts or promotes violence against any person or group
5. Is illegal or encourages illegal activity
6. Contains viruses, malware, or any code designed to harm systems
7. Creates a false identity or impersonates another person
8. Violates any applicable local, state, national, or international law or regulation
9. Includes personal information of others without their consent
10. Attempts to circumvent or manipulate Platform features or security measures
11. Is used for competitive intelligence or benchmarking against the Platform
12. Contains content protected by copyright that you do not have rights to use

Enforcement: The Company reserves the right to remove any User Content that violates these prohibitions at any time without notice. Repeated violations may result in Account suspension or termination.

4.5 Data Monitoring and Moderation

While the Company implements automated content filtering for prohibited content (such as pornographic material, copyright-protected content, or content violating our Acceptable Use Policy), the Company is not obligated to monitor or moderate Customer Data or User Content and assumes no responsibility or liability for such content beyond legal requirements and data protection obligations expressly set forth in Section 10.

4.6 Customer Liability for Content

Other than the Company's data protection obligations expressly set forth in Section 10, the Company assumes no responsibility or liability for Customer Data or User Content. You are solely responsible and liable for:

• All Customer Data and User Content you provide
• The consequences of using, disclosing, storing, or transmitting it
• Any violations of third-party rights resulting from your Customer Data
• Any damage or loss to any third party resulting from your Customer Data
• Ensuring compliance with all applicable laws regarding your Customer Data

4.7 Backup and Deletion

The Company shall not be obligated to maintain or backup any Customer Data, User Content, or Licensed Photos beyond the retention periods specified in our Privacy Policy. The Company may remove any Customer Data, User Content, or Licensed Photos from the Platform at any time, at its sole discretion, including for:

• Violation of these Terms
• Legal or regulatory requirements
• Security or technical reasons
• Account closure or termination
• Storage limitations or maintenance requirements

You are solely responsible for maintaining your own backups of all Customer Data and downloading any Licensed Photos you wish to retain before Account termination or deletion.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Company Intellectual Property

All right, title, and interest in and to the Platform, including without limitation:

• The Platform software, code, SDK, API, and algorithms
• The AI models, machine learning systems, and processing pipeline
• The model library (22+ AI-generated fashion models)
• The pose library (120+ professional poses)
• Platform designs, UI/UX, "look and feel," and user interface
• Graphics, text, media, photographs, images, illustrations, artwork
• Platform names, logos, trademarks, and service marks
• Know-how, methodologies, specifications, procedures, and trade secrets
• Documentation, materials, and related technology
• Any updates, improvements, modifications, or derivative works thereof

...belong exclusively to the Company and its licensors. These Terms do not convey to you any ownership interest in or to the Platform, except for the limited rights of use expressly granted herein, terminable in accordance with these Terms.

5.2 Rights in Licensed Photos

A. Ownership and License Grant

Subject to the terms of your active Subscription, the Company grants you a personal, non-exclusive, limited, non-transferable, worldwide license to use, display, reproduce, and distribute each Licensed Photo (AI-generated image created for you through the Platform) for:

Permitted Uses:

• Your own fashion business and brand promotion
• E-commerce product listings and catalogs
• Marketing materials, advertisements, and social media
• Print materials, lookbooks, and wholesale presentations
• Website content and email campaigns
• Commercial purposes directly related to promoting and selling your fashion products

License Duration: This license continues until the earlier of:

• Termination of your Subscription to the Platform
• Deletion of the Licensed Photo by you
• Termination of these Terms

B. License Restrictions

You may NOT:

• Resell, sublicense, or transfer Licensed Photos to third parties as standalone products
• Use Licensed Photos to create competing AI fashion services
• Use Licensed Photos in any illegal, defamatory, or harmful manner
• Remove or alter any watermarks, attribution, or identifying information from Licensed Photos
• Claim ownership of the underlying AI technology or models used to create Licensed Photos
• Use Licensed Photos for purposes unrelated to your fashion business

C. Studio License (Special Terms)

If your Order Form explicitly includes a "Studio License" designation signed by the Company, you may grant one sublicense per Licensed Photo to one of your own clients (the "End Customer"). Such sublicense:

• Must be subject to these same terms and restrictions
• Is solely for the End Customer's own fashion business use
• Cannot be further sublicensed or transferred
• Requires the End Customer to be bound by these Terms toward the Company
• Makes you fully liable for any breach by the End Customer
• Requires compliance with Studio Use Requirements and credit/marketing requirements set forth by the Company

5.3 Feedback and Suggestions

If you provide the Company with any suggestions, comments, feedback, ideas, or other input regarding the Platform ("Feedback"), such Feedback becomes the Company's sole property without any restrictions. The Company may use any Feedback at its sole discretion, free from any rights of yours or any third party, without any obligation or compensation to you. You explicitly and irrevocably waive any and all claims relating to any rights in or to Feedback. You shall not provide the Company with any Feedback that infringes any third party's rights.

5.4 Prohibited Activities

You may not, and may not permit or aid others to:

1. Copy, modify, alter, translate, emulate, create derivative works based on, or reproduce the Platform
2. Reverse engineer, de-compile, decrypt, disassemble, or extract source code from the Platform
3. Access or use the Platform to build or assist in building a competing product or service
4. Use the Platform for benchmarking purposes against competing services
5. Bypass measures used to prevent or restrict access to the Platform
6. Access the Platform via automated means (crawling, scraping, bots) except as explicitly permitted
7. Take any action that imposes unreasonable or disproportionate load on the Platform infrastructure
8. Interfere with or disrupt the integrity or proper working of the Platform
9. Remove, deface, obscure, or alter any proprietary notices, trademarks, or copyright information
10. Provide unauthorized third-party access to the Platform or Licensed Photos
11. Use the Platform in any manner that is illegal, harmful, or violates these Terms
12. Sell or transfer your profile, Account, or access rights to the Platform

Liability: You will be solely and fully liable for any losses, damages, liabilities, and expenses incurred by the Company or any third party due to any unauthorized use of the Platform by you or anyone acting on your behalf.

5.5 Intellectual Property Infringement Claims

A. DMCA and Reporting

The Company respects intellectual property rights and does not permit copyright-infringing activities via the Platform. To file a copyright infringement notification or report intellectual property violations, please send a written communication to:

Email: contact@trayve.app

Include in your notice:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on the Platform
• Your contact information (name, address, phone, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act
• Your physical or electronic signature

B. Company Response to Infringement

In the event that the Company believes that the Platform, or any Licensed Photos, may infringe intellectual property rights of third parties, the Company may, in its sole discretion:

1. Obtain (at no additional cost to Customer) the right to continue to use the Platform or Licensed Photos
2. Replace or modify the allegedly infringing content so it becomes non-infringing while maintaining substantially equivalent performance
3. If the above remedies are not reasonably available, require that use of the allegedly infringing Platform or Licensed Photos cease, in which event Customer shall receive a prorated refund of Fees paid for the unused portion of the Subscription Term

THIS SECTION 5.5 STATES THE COMPANY'S SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY THE COMPANY, THE PLATFORM, AND/OR ANY LICENSED PHOTOS.

6. SUBSCRIPTION PLANS AND BILLING

6.1 Our Subscription Plans

Trayve offers four tiers to fit different needs:

Free Plan:

• Get started with 2,000 credits when your account is created to try out the product
• 2K resolution images with watermarks
• Access to Virtual Try-On basics
• Great for testing out Trayve

Creator Plan - $29/month:

• 30,000 credits per month for generating images
• Full 4K resolution, no watermarks
• Access to all 22+ models and 120+ poses (averaging 6 poses per model)
• Use all features: Virtual Try-On, PostReady, ShopReady
• Priority email support

Professional Plan - $89/month:

• 95,000 credits per month
• Everything in Creator, plus:
• Faster support response times
• Perfect for small to medium fashion brands

Enterprise Plan - $199/month:

• 220,000 credits per month
• Everything in Professional, plus:
• Dedicated account support
• Priority processing
• Ideal for larger brands and agencies

6.2 Subscription Term and Fees

Subscription Term: The duration of your subscription as specified in your Order Form or selected during checkout (monthly or annual).

Fees: The subscription fees ("Fees") applicable to your chosen tier as set forth at https://trayve.app/pricing or in your Order Form.

Payment Authorization: You hereby authorize the Company, either directly or through DodoPayments (https://dodopayments.com/), our third-party payment processor, to charge the Fees via your selected payment method upon the due date and for each subsequent billing cycle.

Advance Payment: Unless otherwise specified in your Order Form, Fees shall be paid in full for the applicable Subscription Term in advance, upon receipt of invoice or at the time of subscription purchase.

6.3 Credit System and Usage

Monthly Credit Allocation: Each paid subscription tier includes a specific number of monthly credits. Credits are consumed when generating Licensed Photos using Virtual Try-On, PostReady, or ShopReady features.

Credit Expiration: Unlike typical SaaS models, your unused credits NEVER expire. They remain available in your account forever and carry forward indefinitely, even if you:

• Downgrade to a lower tier (once current credits are used)
• Cancel your subscription
• Pause your subscription

Credit Usage: Credits are deducted based on:

• Image resolution (2K vs 4K)
• Number of poses generated per batch
• Feature used (Virtual Try-On, PostReady, ShopReady)

6.4 Plan Changes

Upgrades: You may upgrade to a higher tier plan at any time. Upon upgrade:

• Unused credits from your previous plan carry forward
• New plan benefits apply immediately
• You will be charged the prorated difference for the remainder of the current billing period

Downgrades: Downgrades are not available during an active subscription period. You must:

• Use all remaining credits from your current plan
• Wait until the end of your current billing cycle
• Select a lower tier plan for the next billing period

Cancellation: You may cancel your subscription at any time without penalty:

• Cancellation stops future billing immediately
• You retain access to the Platform until the end of your current paid period
• All unused credits remain in your account permanently
• You may reactivate your subscription at any time and resume using your credits

6.5 Subscription Auto-Renewal

Automatic Renewal: To ensure uninterrupted service, your Subscription will automatically renew by default unless canceled prior to the end of the current Subscription Term.

Renewal Terms:

• Renewal period equals the original Subscription Term (monthly or annual)
• Renewal is at the then-applicable Fees (subject to price changes per Section 6.6)
• Credit allocation refreshes at the beginning of each new Subscription Term
• Unused credits from the previous term DO carry forward indefinitely

Opt-Out: You may opt out of auto-renewal at any time through your Account settings or by contacting support at contact@trayve.app. Opt-out must be completed at least 48 hours before the renewal date.

Company's Right Not to Renew: Notwithstanding automatic renewal, the Company may decide, at its sole discretion, not to renew your Subscription by providing 30-day advance written notice.

6.6 Pricing Changes

The Company reserves the right to change the Fees or introduce new charges at any time, upon reasonable notice to you. Any price increases will only become effective:

• Upon the end of your then-current Subscription Term for active subscribers
• Immediately for new subscriptions
• With at least 30 days advance notice via email or Platform notification

If you do not agree to a price change, you may cancel your subscription before the price change takes effect, and you will not be charged the new price.

6.7 Taxes

Tax Exclusivity: The Fees are exclusive of any and all taxes, levies, duties, or similar governmental assessments ("Taxes"), including without limitation:

• Value Added Tax (VAT)
• Sales tax
• Use tax
• Excise tax
• Goods and Services Tax (GST)
• Any other applicable taxes

Tax Responsibility: You are responsible for paying all Taxes associated with your use of the Platform, except for taxes based on the Company's net income.

Withholding: If you are located in a jurisdiction that requires you to deduct or withhold Taxes from any amounts due to the Company:

• You must promptly notify the Company in writing
• The Company will make reasonable efforts to avoid such Tax withholding
• You bear sole responsibility and liability to pay such Tax
• Such Tax shall be "grossed up" and added on top of the Fees payable

6.8 Payment Terms and Methods

Payment Methods: We accept the following forms of payment:

• Credit cards (Visa, MasterCard, American Express)
• Debit cards
• Other payment methods as supported by DodoPayments

Payment Processing: Payments are processed through DodoPayments (https://dodopayments.com/), our secure third-party payment processor. By providing payment information, you authorize DodoPayments to charge your payment method.

Payment Terms:

• All Fees must be paid in accordance with the payment terms in your Order Form
• Unless otherwise specified, Fees are due upon invoice receipt or at checkout
• Payment in installments does not permit termination before all installments are paid

Failed Payments: If we cannot successfully charge your payment method:

• Your access to paid features may be suspended or limited
• You remain obligated to pay all outstanding amounts
• We may attempt to re-charge your payment method
• We may pursue collection through legal means if necessary

Delinquent Payments: Delinquent payments may bear compounded interest from the payment due date until paid in full, at a rate equal to the lower of:

1. One and a half percent (1.5%) per month, or
2. The highest rate permitted by applicable law

Collection Costs: You will be responsible for all reasonable expenses (including reasonable attorneys' fees) incurred by the Company in collecting any delinquent payment.

6.9 Non-Refundable Policy

All Fees are non-cancelable and non-refundable, except:

• As otherwise required by mandatory applicable law
• As explicitly provided in a signed written agreement with the Company
• For prorated refunds in the specific circumstances described in Section 5.5(B)(3) regarding intellectual property infringement

This non-refundable policy applies even if:

• You do not use the Platform or any credits during the Subscription Term
• You are dissatisfied with the Platform or AI-generated results
• You cancel your subscription before the end of the Subscription Term
• The Platform is temporarily unavailable due to maintenance or technical issues

6.10 Credit Card Processing

Card Details: Credit card details may be required to complete an order. The Platform will be made available following successful payment completion.

Recurring Charges: You authorize the Company to continue charging your credit card or any replacement card upon the beginning of each billing period for the agreed amount, unless you cancel before the renewal date.

No Waiver: Failure to charge your card does not waive your payment obligation or imply acceptance of non-payment.

6.11 Third-Party Payment Processor Terms

DodoPayments Integration: Payment processing is handled by DodoPayments, a third-party payment processor. You agree that:

• Payments processed by DodoPayments are in their exclusive responsibility
• DodoPayments' terms and conditions apply to all payments
• You authorize DodoPayments to provide transaction data to the Company
• THE COMPANY IS NOT LIABLE FOR THE ACTIONS OR OMISSIONS OF DODOPAYMENTS
• Any disputes with payment processing should initially be directed to DodoPayments

The Company may remove, add, or replace payment processing services from time to time, or process payments directly, at its sole discretion.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your use of the Platform is governed by our Privacy Policy available at https://trayve.app/privacy-policy (the "Privacy Policy"). The Privacy Policy is incorporated by reference into these Terms and constitutes an integral part of this agreement.

By using the Platform, you acknowledge and agree to the collection, use, processing, and disclosure of your personal information as described in the Privacy Policy.

7.2 Data Processing

The Company processes personal data in accordance with:

• The Privacy Policy
• Applicable data protection laws (GDPR, CCPA, India's Digital Personal Data Protection Act, etc.)
• Industry-standard security practices

7.3 Data Controller and Processor

For the purposes of applicable data protection laws:

• The Company acts as a data controller for personal data collected about users (account information, usage data, etc.)
• The Company acts as a data processor for Customer Data that includes personal information of third parties (e.g., if Customer Data contains identifiable individuals)

7.4 Data Security

The Company implements appropriate technical and organizational measures to protect your information, including:

• Encryption of data in transit (SSL/TLS) and at rest
• Secure cloud infrastructure (Supabase, Vercel)
• Access controls and authentication mechanisms
• Regular security assessments and updates
• Incident response procedures

However, no system is completely secure, and the Company cannot guarantee absolute security. You acknowledge the inherent security risks of internet transmission and electronic storage.

7.5 Data Location

Your data may be processed and stored in various countries where the Company's service providers operate, including:

• India (primary operations)
• United States (cloud infrastructure)
• European Union (backup and redundancy)
• Other countries where Google Vertex AI, Supabase, or Vercel maintain facilities

By using the Platform, you consent to such international data transfers.

8. ACCEPTABLE USE POLICY

8.1 Prohibited Uses

You may not use the Platform to:

1. Violate Laws: Engage in any activity that violates applicable local, national, or international laws or regulations
2. Infringe Rights: Infringe or violate intellectual property, privacy, publicity, or other rights of any third party
3. Generate Harmful Content: Create or attempt to create:
   • Pornographic, sexually explicit, or obscene content
   • Content depicting minors in any sexual or suggestive manner
   • Content promoting violence, hatred, discrimination, or terrorism
   • Content that is defamatory, harassing, threatening, or abusive
   • Deepfakes or misleading content intended to deceive
4. Fraud and Deception: Engage in fraudulent activities, phishing, or identity theft
5. System Abuse:
   • Attempt to gain unauthorized access to the Platform or systems
   • Introduce viruses, malware, or harmful code
   • Overload or disrupt Platform infrastructure
   • Attempt to circumvent security measures or usage limitations
6. Competitive Activity:
   • Use the Platform for competitive intelligence or benchmarking
   • Reverse engineer or attempt to extract Platform algorithms
   • Create competing products or services using Platform insights
7. Resale: Resell, sublicense, or commercialize access to the Platform without authorization
8. Spam and Abuse: Send unsolicited communications or engage in abusive behavior toward other users or Company staff

8.2 Content Moderation

The Company reserves the right to:

• Review Customer Data and Licensed Photos for compliance with this Acceptable Use Policy
• Remove or block content that violates these Terms
• Suspend or terminate Accounts engaged in prohibited activities
• Report illegal activities to law enforcement authorities
• Cooperate with legal investigations

8.3 Consequences of Violations

Violations of this Acceptable Use Policy may result in:

• Warning notices
• Temporary suspension of Account access
• Permanent Account termination without refund
• Legal action and pursuit of damages
• Reporting to law enforcement authorities

9. DISCLAIMERS AND WARRANTIES

9.1 "AS IS" and "AS AVAILABLE" Basis

THE PLATFORM, INCLUDING ALL LICENSED PHOTOS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

1. Implied Warranties: No implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement
2. Accuracy: No warranty that the Platform or Licensed Photos will be accurate, reliable, error-free, or meet your requirements
3. Quality: No warranty regarding the quality, accuracy, or completeness of Licensed Photos or AI-generated content
4. Availability: No warranty that the Platform will be uninterrupted, timely, secure, or available at any particular time
5. Security: No warranty that the Platform is free from viruses, malware, or other harmful components
6. Results: No warranty regarding specific results or outcomes from using the Platform

9.3 AI-Specific Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. Random Output: The output generated by the Platform, including Licensed Photos, may be random and should be evaluated for accuracy appropriate for your use case, including through human review
2. Non-Uniqueness: Licensed Photos may not be unique, and similar photos may be generated by the Platform for other customers or users due to the nature of AI generation
3. AI Limitations: AI-generated content may contain inaccuracies, biases, artifacts, or unexpected results beyond the Company's reasonable control
4. No Human Review: The Company does not individually review or verify each Licensed Photo before delivery to you
5. Quality Variation: Quality and accuracy of Licensed Photos depend on input quality, AI model capabilities, and other factors outside the Company's control
6. No Guarantee of Realism: Licensed Photos may not perfectly represent how clothing would appear in real-world photography

9.4 Third-Party Services

The Company makes no warranties or representations regarding:

• Third-party services integrated with the Platform (Google Vertex AI, DodoPayments, Supabase, Vercel)
• The performance, security, or availability of such third-party services
• Any loss or damage resulting from your use of or reliance on third-party services

9.5 Customer's Assumption of Risk

THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND RESULTS IS SOLELY WITH YOU. You assume all risks associated with using the Platform and any Licensed Photos generated therein.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Consequential Damages

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY:

1. Indirect, Incidental, Special, Exemplary, Punitive, or Consequential Damages
2. Loss of Data, Information, Content, or Customer Data
3. Loss of Profits, Goodwill, Revenue, Business Opportunities, or Savings
4. Cost of Procuring Substitute Goods or Services
5. Business Interruption or Loss of Use
6. Failure of Industry-Standard Security Measures and Protections

REGARDLESS OF:

• Whether the Company has been advised of the possibility of such damages
• Whether such damages were reasonably foreseeable
• The theory or basis of liability (contract, tort, negligence, strict liability, or otherwise)

10.2 Cap on Direct Damages

THE COMPANY'S TOTAL AGGREGATE AND CUMULATIVE LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES, AND LOSSES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM IS LIMITED TO THE FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR USE OF THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 Specific Exclusions

THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR:

1. Third-Party Conduct: Any unlawful, explicit, or objectionable conduct of any other party on or through the Platform
2. Rights Infringement: Any infringement or violation of your rights by any other party, including privacy rights
3. AI Output Issues: Errors, mistakes, inaccuracies, or any issues with Licensed Photos or AI-generated content
4. Unauthorized Access: Any unauthorized access to or use of your servers, devices, or information stored therein
5. Data Loss: Any interruption, cessation, loss, or leak of data or communications
6. Third-Party Services: The performance, security, or actions of third-party services (Google Vertex AI, DodoPayments, Supabase, Vercel)
7. Internet Issues: Any delays, delivery failures, or damage resulting from internet transmission or infrastructure beyond the Company's control
8. Force Majeure: Events beyond the Company's reasonable control (see Section 12.4)

10.4 Time Limit for Claims

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

10.5 Essential Purpose

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE PLATFORM ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

11. INDEMNIFICATION

11.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless the Company and its affiliates, shareholders, directors, officers, employees, agents, contractors, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising from or related to:

1. Your Use of the Platform: Your access to and use of the Platform in any manner
2. Customer Data: Any Customer Data or User Content you provide, including claims that such content infringes or violates any third-party rights
3. Breach of Terms: Your breach of these Terms or any representation or warranty made herein
4. Violation of Rights: Your violation of any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights
5. Violation of Laws: Your violation of any applicable laws, regulations, or third-party terms
6. Licensed Photos: Your use of Licensed Photos in any manner inconsistent with these Terms or applicable law
7. Harmful Act: Any overt harmful act toward any other user of the Platform

11.2 Indemnification Procedure

Notice: The Indemnified Party shall promptly notify you in writing of any claim for which indemnification is sought. However, failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent such failure materially prejudices your ability to defend the claim.

Control: You shall have sole control of the defense and settlement of any claim subject to this indemnification, provided that:

• The Indemnified Party may participate in the defense at its own expense with counsel of its choosing
• You shall reasonably cooperate with the Indemnified Party in the defense
• You may not settle any claim without the Indemnified Party's prior written consent if the settlement:
  • Requires the Indemnified Party to admit liability
  • Requires the Indemnified Party to pay money (unless you pay such amount)
  • Requires the Indemnified Party to take or refrain from taking any action
  • Does not include a full release of the Indemnified Party

Cooperation: The Indemnified Party shall reasonably cooperate with you in the defense and settlement of the claim, at your expense.

11.3 Company's Right to Assume Defense

Notwithstanding the above, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company. In such case, you agree to cooperate with the Company's defense of such claim.

12. TERMINATION

12.1 Termination for Cause

Breach: A material breach of these Terms by either party that is not cured within ten (10) days from receiving written notice thereof shall entitle the non-breaching party to immediately terminate these Terms.

Insolvency: If either party:

• Files for or is subject to any petition or action for relief under bankruptcy, reorganization, insolvency, or moratorium law
• Makes any assignment for the benefit of creditors
• Takes or becomes subject to any action in furtherance of the foregoing

...the other party shall be entitled to terminate these Terms immediately upon written notice.

12.2 Termination or Suspension by Company

The Company may terminate or suspend your Account and access to the Platform (or any part thereof) immediately, without prior notice or liability, if:

1. Security Risk: The Company believes, in its sole discretion, that you or any third party is using the Platform in a manner that:
   • Imposes a security risk
   • May cause harm to the Company or any third party
   • May create liability for the Company or any third party
2. Breach: You breach these Terms, the Acceptable Use Policy, or any applicable laws
3. Payment Failure: The Company is unable to charge Fees through your approved payment method, or any payment becomes overdue
4. Prohibited Content: You upload or generate content that violates Section 8 (Acceptable Use Policy)
5. Fraud or Abuse: The Company reasonably suspects fraudulent activity, abuse, or misuse of the Platform

The aforementioned rights are in addition to any other rights and remedies available to the Company under these Terms or applicable law.

12.3 Termination by You

You may terminate your Subscription at any time by:

• Cancelling your Subscription through your Account settings
• Contacting support at contact@trayve.app

Effect: Termination will take effect at the end of your then-current Subscription Term and shall not relieve you from your obligation to pay applicable Fees for the Subscription Term.

12.4 Effect of Termination

Upon termination or expiration of these Terms:

1. Payment Obligations: You remain obligated to pay all due Fees, unless expressly stated otherwise
2. Access Termination: Your Subscription and all rights granted hereunder terminate immediately, and you shall cease to have access to:
   • The Platform
   • Any Licensed Photos stored on the Platform
   • Any Customer Data stored on the Platform
3. Data Export: You are solely responsible for exporting all Customer Data and downloading any Licensed Photos prior to termination or expiration. Following termination, the Company may delete Customer Data and Licensed Photos without retaining any copies.
4. Licensed Photos: You must:
   • Delete any Licensed Photos provided by the Company and used by you outside the Platform
   • Cease using any Licensed Photos in any manner
   • Return or destroy, at the Company's choice, any Company Confidential Information in your possession
5. No Refunds: Termination does not entitle you to any refund of prepaid Fees
6. No Claims: You shall have no claim against the Company for termination or any consequences thereof

12.5 Survival

The following provisions shall survive termination or expiration of these Terms:

• Section 4 (Customer Data - provisions regarding licenses granted and liability)
• Section 5 (Intellectual Property Rights)
• Section 6.9 (Non-Refundable Policy)
• Section 9 (Disclaimers and Warranties)
• Section 10 (Limitation of Liability)
• Section 11 (Indemnification)
• Section 12.4 (Effect of Termination)
• Section 12.5 (Survival)
• Section 13 (Confidentiality)
• Section 14 (Dispute Resolution)
• Any other provisions that by their nature should survive

Termination shall not relieve you from any obligation arising or accruing prior to termination or limit any liability you otherwise may have to the Company.

13. CONFIDENTIALITY

13.1 Definition of Confidential Information

"Confidential Information" means any and all non-public business, product, technology, and marketing data and information disclosed by either party (the "Disclosing Party") to the other party (the "Receiving Party"), whether in written, oral, electronic, or any other medium, that is either:

• Identified as confidential at the time of disclosure, or
• Should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure

Confidential Information includes:

• Business plans, strategies, and financial information
• Technical data, algorithms, and processes
• Customer lists and user data
• Trade secrets and proprietary information
• Platform source code, architecture, and design
• Pricing information and business terms
• Any other information marked or identified as confidential

Confidential Information does NOT include information that:

1. Is publicly available at the time of disclosure or subsequently becomes publicly available through no breach by the Receiving Party
2. Was already known to the Receiving Party at the time of disclosure, as evidenced by written records
3. Is disclosed to the Receiving Party by a third party who is not in breach of confidentiality obligations
4. Is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information, as evidenced by written records

13.2 Confidentiality Obligations

The Receiving Party undertakes and warrants that it shall:

1. Hold in Confidence: Hold the Confidential Information of the Disclosing Party in confidence using at least the same degree of care that it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care
2. Limit Disclosure: Not disclose or otherwise provide any Confidential Information to any third party without the prior written consent of the Disclosing Party, except:
   • To its employees, contractors, and agents who have a legitimate need to know such information for purposes of fulfilling these Terms
   • To such persons who are bound by written confidentiality obligations at least as restrictive as those contained herein
3. Limit Use: Not copy or use the Confidential Information for any purpose except to the extent required to perform its obligations or exercise its rights under these Terms
4. Protect Interests: Take all reasonable steps to safeguard and protect the Confidential Information, including implementing appropriate security measures
5. Legal Disclosure: If legally compelled to disclose Confidential Information pursuant to an order or requirement of a court, administrative agency, or other governmental body:
   • Provide the Disclosing Party with prompt written notice (unless prohibited by law)
   • Cooperate with the Disclosing Party's efforts to seek a protective order or otherwise limit disclosure
   • Disclose only that portion of the Confidential Information that is legally required
   • Use reasonable efforts to obtain confidential treatment of the disclosed information

13.3 Duration

The Receiving Party's obligations with respect to Confidential Information shall expire seven (7) years from the date of termination or expiration of the last Subscription Term, unless applicable law requires a longer period of protection.

13.4 Company's Right to Disclose

The Company reserves the right to access, read, preserve, and disclose any information it obtains in connection with the Platform as the Company reasonably believes necessary to:

1. Satisfy any applicable law, regulation, legal process, subpoena, or governmental request
2. Enforce these Terms, including investigating potential violations
3. Detect, prevent, or otherwise address fraud, security, or technical issues
4. Respond to your support requests
5. Protect the rights, property, or safety of the Company, its users, or the public

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms and your use of the Platform are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles that would result in the application of the laws of any other jurisdiction.

14.2 Jurisdiction and Venue

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved as follows:

Option A: Court Jurisdiction

• Any legal action or proceeding shall be brought exclusively in the courts of Maharashtra, India
• You and the Company hereby irrevocably consent to the personal jurisdiction and venue of such courts
• You hereby irrevocably waive any objection to jurisdiction and venue in such courts

OR

Option B: Arbitration

• Disputes shall be resolved through binding arbitration administered under the Arbitration and Conciliation Act, 2015
• The arbitration shall take place in Pune, Maharashtra, India
• The arbitration shall be conducted in the English language
• The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed in accordance with the rules of the Indian Council of Arbitration
• The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party shall bear its own costs and expenses of arbitration, unless the arbitrator determines otherwise

14.3 Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting the Company at contact@trayve.app. The Company will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, either party may bring a formal proceeding.

14.4 Class Action Waiver

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and the Company agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

14.5 Exceptions to Dispute Resolution

Notwithstanding the above, the following disputes are not subject to the informal dispute resolution and arbitration/jurisdiction provisions:

1. Any disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of either party
2. Any disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use
3. Any claim for injunctive relief
4. Any disputes regarding the interpretation or enforcement of the Confidentiality provisions in Section 13

Such excepted disputes shall be decided by a court of competent jurisdiction in Maharashtra, India, and you and the Company agree to submit to the personal jurisdiction of such courts.

14.6 Invalidity

If any portion of this dispute resolution provision is found to be illegal or unenforceable, the remainder shall remain in full force and effect. If a prohibition against class or representative actions is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.

15. THIRD-PARTY SERVICES AND LINKS

15.1 Third-Party Services Integration

The Platform integrates with and relies upon certain third-party services, including:

• Google Vertex AI: AI image generation and machine learning processing
• DodoPayments: Payment processing and subscription billing
• Supabase: Database and cloud storage services
• Vercel: Website hosting and deployment
• Other Services: As may be added from time to time

15.2 Disclaimer Regarding Third-Party Services

YOU ACKNOWLEDGE AND AGREE THAT:

1. No Endorsement: The Company does not endorse any third-party services and is not responsible for their content, functionality, security, accuracy, or reliability
2. No Liability: BY ACCESSING OR USING THIRD-PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE DISCRETION AND RISK. THE COMPANY BEARS NO RESPONSIBILITY OR LIABILITY FOR:
   • Third-party services' operability or interoperability with the Platform
   • Security, accuracy, reliability, or data protection practices of third parties
   • Quality of third-party offerings
   • Any acts or omissions by third parties
   • Any damages or losses resulting from third-party services
3. Third-Party Terms: Your use of any third-party services is governed by such third party's terms and conditions and privacy policies
4. Availability: Third-party services may become unavailable or our access may be terminated by the third-party provider at any time, which may affect Platform functionality

15.3 Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that:

• The Company is not responsible or liable for any damage or loss caused by or in connection with use of any such third-party content or services
• Any purchases or interactions with third parties are solely between you and such third parties
• You should review the terms and privacy policies of any third-party websites or services before using them

15.4 Sub-Processors

You acknowledge that the Platform is hosted and made available through various sub-processors. The Company may remove, add, or replace its sub-processors from time to time at its sole discretion. Current sub-processors include:

• Google Cloud Platform (Vertex AI)
• Supabase
• Vercel
• DodoPayments

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between you and the Company with respect to your use of the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

16.2 Amendments and Modifications

The Company reserves the right to change, modify, or update these Terms at any time by posting a new version at https://trayve.app/terms-and-conditions. We will alert you about material changes by:

• Updating the "Last Updated" date of these Terms
• Posting a notice on the Platform
• Sending an email to your registered email address

Notification Period: In the event of a material change, the Company shall notify you at least 30 days before the changes take effect (when commercially feasible).

Acceptance: Your continued use of the Platform after any such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

16.3 Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be reformed only to the extent necessary to make it valid, enforceable, and legal while preserving the parties' intent to the greatest extent possible.

16.4 No Waiver

The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16.5 Assignment

Company's Right: The Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms to any third party at any time without your consent.

Your Restriction: You may not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of the Company. Any attempted assignment in violation of this provision shall be null and void.

Effect on Successors: These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (except for payment obligations) due to causes beyond its reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms, natural disasters)
• War, terrorism, civil unrest, or riot
• Epidemics or pandemics
• Government action, regulation, or law
• Internet or telecommunications failures
• Denial-of-service attacks or other cyberattacks
• Labor disputes or strikes
• Failures of third-party hosting services, cloud providers, or AI services
• Power outages or utility failures
• Any other event beyond the reasonable control of the affected party

The affected party shall notify the other party as soon as practicable and shall use commercially reasonable efforts to resume performance.

16.7 Relationship of the Parties

You and the Company are independent contractors. These Terms do not create any partnership, joint venture, agency, franchise, sales representative, fiduciary, or employment relationship between you and the Company. You have no authority to make or accept any offers or representations on behalf of the Company.

16.8 No Third-Party Beneficiaries

These Terms are for the benefit of, and shall be enforceable by, only the parties hereto and their respective successors and permitted assigns. These Terms are not intended to confer any rights or benefits upon any person other than the parties, except as expressly provided herein (e.g., Indemnified Parties in Section 11).

16.9 Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

16.10 Electronic Communications and Signatures

By using the Platform, sending us emails, or completing online forms, you engage in electronic communications with us. You consent to receive electronic communications from us, including notices, agreements, policies, disclosures, and other communications, and you agree that all such communications provided to you electronically satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM.

You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require:

• An original signature
• Delivery or retention of non-electronic records
• Payments or granting of credits by any means other than electronic means

16.11 Notices

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing and shall be deemed to have been given:

• Email: When sent to the email address specified in your Account (for notices to you) or to contact@trayve.app (for notices to the Company)
• Registered Mail: When delivered by registered or certified mail to the addresses set forth below
• Platform Notification: When posted on the Platform (for general notices to users)

Company Address:
Trayve
Pune, Maharashtra, India
Email: contact@trayve.app

Your Address:
The address associated with your Account

16.12 Customer Reference Rights

You acknowledge and agree that the Company has the right to:

• Identify you as a customer of the Company
• Use your company name and logo to identify you as a user of the Platform
• Include your name and logo on the Company's website, marketing materials, or public announcements
• Publish a case study on your use of the Platform (subject to your approval of the content, which shall not be unreasonably withheld)

Opt-Out: You may revoke this right at any time by contacting the Company at contact@trayve.app. Revocation does not apply retroactively to materials already published.

Approval Required: Publication of any detailed content about your use of the Platform (other than mere reference to you as a customer) requires your prior approval, which may not be unreasonably withheld or delayed.

16.13 Export Compliance

The Platform and underlying technology may be subject to export controls and trade sanctions laws of India, the United States, and other jurisdictions. You agree and confirm that:

• You are not located in, under the control of, or a national or resident of any country subject to trade embargoes or sanctions
• You are not on any list of prohibited or restricted parties (e.g., U.S. Treasury Department's Specially Designated Nationals list)
• You will not use the Platform in violation of any export controls or trade sanctions
• You are solely responsible for complying with all applicable export controls and trade sanctions laws

16.14 U.S. Government Rights

If you are a U.S. government entity or using the Platform on behalf of the U.S. government, the Platform is a "commercial item" as defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4, all U.S. government end users acquire the Platform with only those rights set forth in these Terms.

17. CONTACT INFORMATION

For questions, concerns, or legal notices regarding these Terms, the Platform, or any related matters, please contact us:

Primary Contact:
Email: contact@trayve.app

Business Address:
Trayve
Pune, Maharashtra, India

Website:
https://trayve.app

Customer Support:
Available through the Platform or via email

Response Time:
We aim to respond to inquiries within 48 hours during business days (Monday-Friday, excluding Indian national holidays).

For Specific Inquiries:

• Payment and Billing Issues: Contact DodoPayments first, then contact@trayve.app
• Copyright Infringement Claims: See Section 5.5(A) for DMCA notice requirements
• Privacy Concerns: See our Privacy Policy or contact contact@trayve.app
• Technical Support: Available through the Platform support portal