Terms of Service

1. Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings defined below:

• 1.1 "Platform" refers to the Beforewear website, applications (including Beforewear Studio), and all associated services.
• 1.2 "User" means any individual or entity that creates an account and uses the Platform: a seller who puts a design on a garment and takes mockups, a maker who asks for a garment to be built, or a developer who calls the same operations through the Developer Tools. If you sell physical products made with Outputs, you are the seller of those products, not Beforewear.
• 1.3 "Account" refers to a registered user profile on the Platform.
• 1.4 "AI Tools" means the artificial intelligence-powered tools provided on the Platform, including the agent that reads requests written in words and builds garments, and the design generator, which makes or changes a design from words and any images you give it.
• 1.5 "AI-Generated Content" refers to any content created using the AI Tools, including designs made from words, the plans and answers the agent writes, and any part of an Output that an AI model produced.
• 1.6 "Balance" means the amount in U.S. dollars that you have added to your Account in advance and have not yet used. The Balance is prepaid credit for Beforewear's own Services. It is not money, a deposit, electronic money, stored value, a bank account or a payment account. It earns no interest, has no cash value, is not refundable except as Section 4.2A provides, and cannot be transferred, sold or given away. It can be used only for the Services, and not to pay for anyone else's goods or services, including a Production Partner's.
• 1.7 "Production Partner" means a print-on-demand production and fulfillment provider such as Printful or Printify, or a garment manufacturer, whose product, print areas, or cut templates a garment on the Platform follows, or to whom you choose to send Outputs. The Platform does not place orders with Production Partners.
• 1.8 "Your Content" means any content that you upload, create, or generate through the Platform, including uploaded files (sewing patterns and cut templates, 3D models, size charts, product photos, artwork, and logos), the words and other inputs you provide to the AI Tools, and Outputs.
• 1.9 "Intellectual Property Rights" means all patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property rights.
• 1.10 "Usage Limits" means the restrictions on API calls, Builds in progress at the same time, content generation, storage, and other Platform resources that apply to your Account.
• 1.11 "Outputs" means what the Platform makes for you: a built garment (a 3D model for each size, with the pattern drafted for it where one is drafted), mockups, print files, and the record of a Build.
• 1.12 "Build" means the work of making a garment in 3D from a Build Request, at each size the request names: the pattern is read, laid out round a body, sewn, draped, and posed on a computer with a GPU.
• 1.13 "Build Request" means your request for a Build: what to build from (a sewing pattern, or a 3D model with its size chart and photos), the files, the garment's name, sizes, and fabric, the computer, and a Spending Cap.
• 1.14 "Spending Cap" means the most, in U.S. dollars, that the Build of one Build Request may take from your Balance.
• 1.15 "Preview" means an Output as the Platform shows it: a 3D view, a mockup, or a file made from your inputs by simulation. What a Preview does and does not promise is set out in Section 7.8.
• 1.16 "Library" means the garments that we built and offer on the Platform to design on.
• 1.17 "Developer Tools" means the Beforewear Python SDK, the Beforewear MCP tools, and any API, API key, or agent interface we provide for programmatic access.
• 1.18 "Consumer" means an individual acting for purposes outside their trade, business, craft, or profession.

2. Platform Services

2.1 Service Description

Beforewear is a software-as-a-service (SaaS) platform with real garments in 3D. A seller puts a design on a garment of the Library and takes mockups. A maker asks for a garment to be built from the maker's own sewing pattern, or from a 3D model with its size chart and photos. A developer calls the same operations through the Developer Tools. What comes out is a built garment as a 3D model for each size, mockups, and, for some garments, print files. The Services are paid by use (Section 4). There are no plans.

2.2 Service Availability and Changes

We continuously improve our Services and may add, modify, or discontinue features. We will provide at least 30 days' notice of any increase in our rates (Section 4.2B). Other changes to the Services are governed by Sections 4.2A, 4.4 and 10.3. We do not provide a service level agreement (SLA) and do not guarantee uptime.

2.3 Third-Party Services

The Platform relies on various third-party services, for example the rented computers that Builds are done on, AI model providers, and sign-in with Google. We do not guarantee the continued availability of any particular third-party service and are not responsible for the actions, policies, or availability of these third-party services.

2.4 Beta Features

We may offer beta or experimental features ("Beta Features"). They are provided "as-is" without warranties and should not be relied upon for critical business operations. Beta Features are excluded from any uptime, support, or indemnity obligations. The Developer Tools are a Beta Feature for as long as we call them a developer preview (Section 2.5).

2.5 API and Agent Access

The Platform may expose APIs, API keys, and agent interfaces (such as our MCP server) for programmatic access, together with the Python SDK. API keys are confidential; you are responsible for all activity under your keys and may not share them or resell programmatic access to third parties; you may offer your own software's features to its users, but not your keys or direct access to our API. Programmatic usage is charged to your Balance at the same rates and under the same Spending Cap rules as use through Beforewear Studio (Section 4) and counts toward Usage Limits, and we may throttle, suspend, or revoke programmatic access to protect platform stability or to investigate abuse. A call made through the Developer Tools, including by an assistant you connected, that starts something charged is your confirmation of its charge (Section 4.1).

Developer preview. The Developer Tools are a developer preview. The MCP server is hosted by us: an assistant connects to it after you sign in and approve it. The Python SDK calls the same server with a personal token that you make in Beforewear Studio; access to the SDK's repository is given on request. Calls are charged to your Balance as the same use is in Beforewear Studio (Section 4). The operations, their names, their inputs, and what they return may change or be withdrawn at any time without notice. Used without a token, the SDK answers from a stand-in in the package with sample results: it does no Build and draws no mockup, and its results must not be used as if they came from the Services.

License to the Developer Tools. We grant you a non-exclusive, non-transferable, revocable license to install and use the Developer Tools to call the Services and to build and operate your own software that calls them, including for commercial purposes. You may not redistribute the Developer Tools themselves, unless a license file that comes with them says otherwise.

3. User Obligations and Acceptable Use

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Security

You are responsible for all activities that occur under your Account and must keep your credentials secure. You sign in with Google or with a verification code sent to your email address; there is no password. Keep access to that email address or Google account, and any API keys, to yourself.

3.3 Acceptable Use

You agree to use the Platform lawfully and not to:

• Violate any applicable laws, regulations, or third-party rights.
• Infringe upon the intellectual property rights of others.
• Upload a sewing pattern, cut template, 3D model, size chart, photo, artwork, or logo that you do not have the right to use in this way, or ask for a garment to be built from one.
• Use the Platform to sell counterfeit, unauthorized, or illegal products.
• Attempt to reverse engineer, decompile, or extract source code from the Platform.
• Use automated means (bots, scrapers) to access the Platform beyond permitted API usage.
• Process fraudulent transactions or engage in money laundering.

3.4 AI Content Policy

You may not use our AI Tools to generate content that:

• Infringes on trademarks, copyrights, or other intellectual property rights.
• Contains hate speech, harassment, or discriminatory content.
• Depicts graphic violence, illegal activities, or sexually explicit material, including any adult content designed for sexual gratification.
• Sexualizes, exploits, or endangers minors in any way. This is absolute and enforced with zero tolerance.
• Depicts an identifiable real person without their consent, including face swaps, deepfakes, or other synthetic likenesses.
• Violates any person's privacy or publicity rights, including use of celebrity names, images, or likenesses on products.

These restrictions apply equally to the words, reference images, and other inputs you provide to the AI Tools, and to the artwork and logos you upload and place on a garment yourself. They reflect, among other things, the acceptable-use policies of our payment providers and merchants of record. Violations may result in content removal or in suspension or termination of your Account under Section 8.3.

3.5 Production Partner and Sales Channel Compliance

You are solely responsible for:

• Complying with all terms of service of any Production Partner you use and of any marketplace, store, or other sales channel where you offer products or use Outputs.
• Quality assurance for the physical products you sell or have made — including ordering samples and verifying fit, print quality, color accuracy, and materials before you offer a product for sale or put a garment into production. Print quality, materials, shipping, and defects are determined by your chosen Production Partner, not by Beforewear; see Section 7.6.
• Ensuring your product listings and business practices comply with the policies of the sales channels you use.
• Managing all customer service, including disputes, refunds, returns, and chargebacks per your policies and those of the relevant sales channel or Production Partner.

Third-Party Actions Risk: You acknowledge that all decisions made by any sales channel, Production Partner, or payment processor you use for your own sales (including but not limited to account reviews, listing removals, content takedowns, suspensions, reserves, holds, or termination, as well as delays or holds on payouts) are solely between you and that third party. Beforewear has no control over, and assumes no responsibility or liability for, any such actions, penalties, reputational harm, loss of sales, or withheld funds, even where they relate to or arise from Outputs.

3.6 Data Compliance

The Platform is made for garments, not for information about people. Do not upload personal data about other people unless you need to and have the right to. If a file you upload shows or names a person (for example a model in a product photo), you are responsible for having that person's permission or another lawful basis for it; see Section 6.2.

3.7 Content Monitoring and Moderation

We reserve the right (but have no obligation) to monitor, review, or remove any of Your Content, including AI-Generated Content, to:

• Ensure compliance with these Terms, applicable laws, and third-party platform policies
• Prevent intellectual property infringement, including trademark and copyright violations
• Maintain platform integrity
• Respond to takedown requests, DMCA notices, or other legal process
• Prevent creation of illegal, offensive, or harmful content

We may suspend access to your account, remove content, or refuse to generate content or to start a Build without prior notice or liability. When we remove Your Content or restrict your Account, we tell you why, unless the law forbids it or telling you would put others at risk. You can report illegal content, or ask us to review a decision about your content or Account, at legal@beforewear.com. A review under this Section does not change what Section 5.2 says about your files: they stay yours, we do not edit them, and we pass them on only as Section 5.2 allows.

3.8 Prohibited Data Scraping and Abuse

You agree not to:

• Use automated tools, bots, or scripts to scrape or extract content beyond your permitted API usage
• Bulk download AI-generated designs, prompts, garments of the Library, or other Platform content for redistribution or competitive purposes
• Extract, export, or redistribute the pattern or cut templates of a garment of the Library (Section 5.6)
• Exceed Usage Limits, or get around a Spending Cap or an empty Balance, through technical workarounds or multiple accounts

3.9 AI Disclosure Obligations

Some marketplaces, sales channels, and jurisdictions require sellers to disclose the use of AI in creating products, listings, or content, including designs made from words and mockups made with AI. Beforewear does not write or publish listings, so it does not add such a disclosure for you. You remain solely responsible for determining which disclosure requirements apply to you, for meeting them before you publish, and for keeping them accurate as requirements change. Beforewear assumes no liability for penalties, listing removals, or account actions resulting from missing or insufficient disclosure.

4. Billing and Payments

4.1 Fees and the Balance

The Services are paid by use. There are no plans, no subscriptions, and no free trials. You add funds in U.S. dollars to your Balance in advance, and what you use is taken from it. Nothing is taken while you use nothing, and we never charge your payment method on our own: funds are added only when you add them.

The most your Balance can hold. Your Balance can hold at most US$2,000. A top-up that would take it above that amount is not accepted.

What is charged is a Build and each design that the design generator makes or changes. Each thing that is charged shows its rate or its price in the Services before you confirm it, and what it took is listed in your Account. Anything that shows no charge before you confirm it is not charged. Through the Developer Tools, the call itself confirms the rate or price the Services publish for it (Section 2.5). For the purposes of these Terms, the funds you add are fees paid in advance.

Merchant of Record: Funds added on the Platform are sold and billed by Polar Software, Inc. ("Polar"), acting as our merchant of record. Polar processes your payment, issues your invoices and receipts, and collects and remits applicable sales tax and VAT. Polar acts as an independent party, and your purchase is also subject to Polar's own terms and policies. Charges appear on your card statement under Polar's name, Beforewear's, or both.

The merchant of record for your purchase is shown at checkout. We may engage additional or replacement merchants of record with notice under Section 10.3. What a merchant of record refunds on its own is set out in Section 4.2A.

4.2 Builds, Spending Caps, and Charges

Before a Build starts. Before you start a Build, the Services show what it is charged and the Spending Cap you set. When you start it, the Build Request is checked, at no charge, and the Spending Cap is set aside from your Balance: it stays yours until the Build uses it, and what the Build does not use is given back when it ends. A Build that has not started can be cancelled, and nothing is charged for it.

While a Build is in progress. A Build is done on a rented computer with a GPU and can take hours. It is charged as the Services showed when you started it, until the Build ends or reaches its Spending Cap.

The Spending Cap. A Build stops at its Spending Cap, finished or not. We never take more than the Spending Cap for a Build. A Build that stops at its Spending Cap is charged for what it used.

The Balance. The Spending Cap is set aside when you ask, so it cannot be more than your Balance at that moment, and a Build never takes more than was set aside for it. We do not take your Balance below zero, and we do not charge your payment method to cover a Build.

Builds that do not finish. If a Build ends without a finished garment because of a fault in the Services or in the computer it was done on, or because one of the Build's own checks refuses it, it is not charged, and anything already taken for it is returned to your Balance. A Build that you stop yourself, that stops at its Spending Cap, or that stops while it waits for your answer, is charged for what it used.

Stopping. Nothing renews and there is nothing to cancel. You may stop using the Services at any time, without charge or penalty, and close your Account under Section 8.2.

4.2A Refunds and Right of Withdrawal

Funds are not refundable. Funds you add to your Balance are not refunded and cannot be exchanged for money, in whole or in part, except as this Section or Section 3.3 of the Data Processing Addendum provides. This applies also when you close your Account (Section 8.2), when we close it for one of the reasons in the first sentence of Section 8.3, when our rates or these Terms change (Sections 4.2B and 10.3), and when the Services end.

If we close your Account without cause. If we close your Account for any reason other than those in the first sentence of Section 8.3, the unused part of the funds you added is refunded to the payment method you used within 30 days of the closure. Ending the Services for everyone is not such a closure; it is covered by "If we discontinue the Services" below.

Funds expire after 12 months without use. Funds you added stay in your Balance for as long as you use your Account. If you do not sign in, add funds, or use the Services for 12 consecutive months, the funds left in your Balance may expire, where the law allows it. We will email you at least 30 days before they do; signing in before then keeps them. Expired funds are not refunded. Promotional funds may expire sooner (Section 4.5).

Builds that do not finish. Where Section 4.2 says a Build is not charged, what it took is returned to your Balance, not to your payment method.

Charges made in error. If you were charged twice for one top-up, or charged for a top-up you did not make, tell us: the charge is refunded in full to the payment method you used, and the funds it added are taken off your Balance.

Consumers in the EEA, the UK, and other places with a right of withdrawal. If you are a consumer, you may withdraw from a purchase of funds within 14 days, without giving a reason. The 14 days start the day after the purchase and end at the end of the 14th day. To withdraw, use Withdraw from contract here on your account page in Studio (shown to buyers in the EEA and the UK), or tell us by email at contact@beforewear.com, for example with the form below. A notice sent within the 14 days is in time, and we confirm it by email. Before you add funds, you ask us to start the Services right away by ticking a box, so the part of the funds that you used before you withdraw is not refunded; funds are used in the order they were added. The part you have not used is refunded to the payment method you used, with the tax paid on it, within 14 days of your notice. If a Build is in progress, what it does not use returns to your Balance when it ends, and withdrawing in Studio waits until then. These rights apply whatever else these Terms say.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)
To: Algorithmic Labs, LLC, 169 Madison Ave, STE 11762, New York, NY 10016 US, contact@beforewear.com
I hereby give notice that I withdraw from my contract for the provision of the following service: funds added to my Beforewear Balance
Ordered on:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
Date:

Consumers in the EEA, the UK, and Switzerland. If you are a consumer living there, the unused part of the funds you added is also refunded to the payment method you used when the Services end and when you close your Account before a rate increase takes effect.

Where the law requires a refund. Where the law that applies to you requires a refund in a case this Section does not name, you receive it.

Refunds by the merchant of record. Polar, as the merchant of record (Section 4.1), may also refund a purchase on its own: where the law requires it, under its own policies, or to settle a dispute or prevent a chargeback. What it refunds is taken off your Balance, as far as your Balance and any funds set aside for a Build in progress go.

How to ask. To withdraw within 14 days, see above. For any other refund, email contact@beforewear.com and we will pass your request to Polar, or contact Polar directly. Refunds go to the payment method you used.

If we discontinue the Services. We will tell you by email at least 30 days before the Services end, and stop accepting funds from that day, so that you can use your Balance first. A Balance left when the Services end is not refunded, except as this Section provides.

Nothing in this Section limits your rights under Section 9.4.

4.2B Price Changes

We may change our rates. We will give you at least 30 days' notice by email before any rate increase takes effect. A Build is charged at the rate shown when you asked for it, even if our rates change while it is in progress. The notice gives you time to use your Balance at the current rates. If you do not accept an increase, you may stop using the Services before it takes effect; your Balance is not refunded because of it (Section 4.2A). Continued use after the effective date constitutes acceptance of the new rates.

4.3 Taxes

You are responsible for collecting and remitting all applicable sales taxes and other taxes related to your sales, except where a marketplace or other party is required to collect and remit as a deemed supplier or marketplace facilitator. Sales tax and VAT on the funds you add are collected and remitted by the merchant of record (Section 4.1).

4.4 Fair Use

We reserve the right to:

• Suspend or throttle accounts engaging in abusive usage patterns (excessive API calls, bulk generation or Build requests, or resource consumption impacting platform stability)
• Monitor usage and contact you if patterns appear inconsistent with normal business operations

What constitutes "fair use" is determined at our sole discretion. The kinds of use that are charged and the Usage Limits may change as the Services evolve. We provide notice of such changes by email, by in-app notice, or by updating the rates shown in the Services. Rate increases follow Section 4.2B.

4.5 Free and Promotional Access

Free access to parts of the Services, invite-code access, and promotional or bonus funds are provided at our discretion. We may modify, limit, suspend, or discontinue them at any time, without notice and without liability. Promotional funds cannot be refunded or turned into money, and they may expire as stated when they are given. Nothing in this Section affects funds you added yourself.

5. Intellectual Property

5.1 Platform Ownership

The Platform and its original content, features, and functionality — including the garments of the Library, the bodies that garments are shown on, the fabric profiles, and the Developer Tools — are owned by Algorithmic Labs, LLC or its licensors and protected by intellectual property laws.

5.2 Your Content

You retain ownership of your original content that you upload to the Platform. A sewing pattern or cut template you upload stays yours: it is not edited here, and it is passed on only to the service providers that carry out your Build, or where the law requires it or in a transfer of our business (Section 4 of our Privacy Policy).

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display Your Content only as necessary to provide the Services to you: to store it, read it, build a garment from it, put your design on a garment, make mockups and print files, and show the results to you; and to keep the Services secure, enforce these Terms, comply with the law, and study Build records in aggregate (Section 3.1 of our Privacy Policy). This license ends when you delete the content or your Account, except for copies that we must keep by law and copies that remain for a time in our backups, as described in our Privacy Policy.

We do not use Your Content to develop or train our AI Tools or machine-learning models unless you opt in. If you opt in, you can opt out again at any time, and we will exclude Your Content from future training; models trained before then cannot practically be un-trained. We do not use Your Content to promote the Services unless you agree in writing (an email is enough).

You represent that you have the rights necessary to grant this license for anything you upload, including the right to have a garment built from it. Your uploaded content and the garments built from it are not made available to other Users for their use and are not added to the Library, and we share them with service providers only as needed to provide the Services to you, or as Section 4 of our Privacy Policy describes.

5.3 Outputs and AI-Generated Content

Garments built from Your Content. As between you and us, you own the Outputs made from Your Content, including a garment built from your sewing pattern, or from your 3D model, size chart, and photos: its 3D model for each size and the pattern drafted for it. We claim no ownership of them. Where an Output includes material of ours (for example the body a garment is shown on in a mockup), we grant you a worldwide, non-exclusive, royalty-free, perpetual, commercial license to use that material as part of the Output, which survives the end of these Terms. Our ownership of the Platform (Section 5.1) and of the methods used to build a garment is not affected, and a Build does not change any third party's rights in what you uploaded.

Designs on a garment of the Library. A garment of the Library stays ours or our licensors' (Section 5.6). Your artwork and your design stay yours. We grant you a worldwide, non-exclusive, royalty-free, perpetual, commercial license, which survives the end of these Terms, to use the mockups and print files of your design on that garment.

AI-Generated Content. We grant you a worldwide, non-exclusive, royalty-free, perpetual, commercial license, which survives the end of these Terms, to use AI-Generated Content created through the Platform. You acknowledge that similar or identical content may be generated for other users and you may not claim exclusive copyright in the AI-Generated Content itself. Where AI-Generated Content incorporates your uploaded content — for example, when you instruct the AI Tools to use an image as-is or as a base — you retain your ownership of that incorporated content, and the non-exclusivity above does not apply to it. You are responsible for ensuring the AI-Generated Content does not infringe on third-party rights before use. A garment built from Your Content is governed by the first paragraph of this Section, also where an AI Tool did part of the work.

5.4 Feedback

Any feedback or suggestions you provide become our property and may be used without compensation or attribution.

5.5 Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent: Algorithmic Labs, LLC, Attn: DMCA Agent, 169 Madison Ave, STE 11762, New York, NY 10016 US, legal@algorithmic.so. Upon receipt of a valid notice we will remove or disable access to the identified content and notify the responsible User, who may submit a counter-notice under 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers.

5.6 Third-Party Names, Garments, and Templates

The names of garment brands and of Production Partners that appear on the Platform (for example Bella + Canvas, Printful, and Printify) belong to their owners. They are used to say which product a garment follows. Their use does not mean that the owner sponsors, endorses, or is affiliated with Beforewear, and these Terms give you no right to use those names or marks.

Some garments of the Library are built from the cut templates of the manufacturer that makes them. Those templates remain the manufacturer's and may not be redistributed. You may design on such a garment and use the mockups and print files of your design. You may not extract, export, copy, or pass on the garment's pattern or cut templates.

6. Data Privacy and Processing

6.1 Privacy Policy

Your use of our Services is governed by our Privacy Policy.

6.2 Personal Data in Your Content

Beforewear does not process orders and receives no data about your customers. Where Your Content contains personal data of other people that we process on your behalf — for example, a person shown in a product photo — you are the "Data Controller" and Algorithmic Labs, LLC is the "Data Processor." We process that data only on your instructions and only to provide the Services to you. Where the GDPR, the UK GDPR, the Swiss FADP, the CCPA, or another law that requires a contract between a controller and a processor applies to that data, our Data Processing Addendum forms part of these Terms and governs that processing.

6.3 Marketing and Analytics Data Sharing

We do not share your business information or usage data with third-party marketing platforms for advertising retargeting, conversion tracking, or lookalike audiences. We use analytics to understand how the Platform is used, as described in our Privacy Policy.

7. Disclaimers, Indemnification, and Liability

7.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 AI Content Disclaimer

AI-GENERATED CONTENT IS PRODUCED BY MACHINE-LEARNING MODELS AND MAY BE INACCURATE, INCOMPLETE, OR INFRINGING ON THIRD-PARTY RIGHTS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND VALIDATING ALL AI-GENERATED CONTENT BEFORE PUBLISHING OR ANY COMMERCIAL USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEFOREWEAR DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF AI-GENERATED CONTENT.

7.3 No Guarantee of Results

We do not guarantee any specific business outcomes, sales, or revenue from the use of our Services, or that a Production Partner, a printer, a manufacturer, or a sales channel will accept an Output.

7.4 Indemnification

You agree to indemnify, defend, and hold harmless Algorithmic Labs, LLC and its affiliates from any claims, damages, liabilities, and expenses (including attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) Your Content, including any claims of intellectual property infringement; (d) your products, business practices, and any dispute with your customers, including chargebacks.

Intellectual Property Representations:

You represent and warrant that:

• All of Your Content — including uploaded files and the words and other inputs you provide to the AI Tools — does not and will not infringe any third-party intellectual property rights (trademarks, copyrights, patents, trade secrets)
• You have the right to have a garment built from every sewing pattern, cut template, 3D model, size chart, and photo you upload, including where you bought the file or received it from a manufacturer
• You are solely responsible for conducting trademark searches, copyright clearance, and IP due diligence before creating or selling products
• You will not use the Platform to create products featuring third-party brand names, logos, characters, or protected IP without proper licensing
• You understand AI-Generated Content may inadvertently resemble existing works, and you bear all risk and liability for ensuring your products do not infringe third-party rights

7.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALGORITHMIC LABS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE FUNDS YOU ADDED TO YOUR BALANCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, this Section applies only to the extent permitted by the mandatory law of your country of residence.

7.6 Third-Party Print and Fulfillment Disclaimer

BEFOREWEAR IS A SOFTWARE PLATFORM ONLY. WE DO NOT MANUFACTURE, CUT, SEW, PRINT, PACK, OR SHIP ANY PHYSICAL PRODUCTS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• All print quality, color accuracy, material defects, size discrepancies, and product specifications are determined solely by your chosen Production Partner
• Beforewear has no control over and assumes zero liability for: shipping delays, lost packages, customs issues, damaged goods, incorrect fulfillment, or any aspect of physical product production and delivery
• You are responsible for ordering sample products, reviewing fit and print quality, and managing customer expectations regarding the final physical product
• Any claims regarding product defects or fulfillment issues must be directed to your Production Partner, not Beforewear
• Mockups and 3D views generated by our Platform are approximations and may not exactly match the final physical product due to manufacturing variables

BEFOREWEAR DISCLAIMS ALL WARRANTIES REGARDING THE QUALITY, ACCURACY, OR FITNESS FOR PURPOSE OF ANY PHYSICAL PRODUCTS PRODUCED BY THIRD PARTIES FROM OUTPUTS.

7.7 Sales Channel, Production Partner, and Payments Disclaimer

YOU UNDERSTAND AND AGREE THAT ALL SALES CHANNELS, PRODUCTION PARTNERS, AND PAYMENT PROCESSORS YOU USE FOR YOUR OWN SALES APPLY THEIR OWN POLICIES, RISK RULES, AND ENFORCEMENT PRACTICES. BEFOREWEAR DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN BY THESE THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSIONS OR TERMINATIONS, LISTING REMOVALS, CONTENT TAKEDOWNS, HOLDS OR DELAYS ON PAYOUTS, RESERVES, FINES, NEGATIVE REVIEWS OR REPUTATIONAL HARM, OR ANY OTHER BUSINESS, BRAND, OR FINANCIAL CONSEQUENCES YOU EXPERIENCE WITH THEM.

ALL RELATIONSHIPS, OBLIGATIONS, AND DISPUTES BETWEEN YOU AND ANY SALES CHANNEL, PRODUCTION PARTNER, OR PAYMENT PROCESSOR YOU USE FOR YOUR OWN SALES ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEFOREWEAR SHALL HAVE NO OBLIGATION TO REIMBURSE, INDEMNIFY, OR COMPENSATE YOU FOR ANY LOSS OF REVENUE, PROFITS, ACCOUNTS, CUSTOMERS, OR FUNDS RESULTING FROM SUCH THIRD-PARTY DECISIONS OR ACTIONS, EVEN WHERE THEY RELATE TO OR ARISE FROM OUTPUTS.

7.8 Previews, Output Review, and Approval

All Platform outputs — including built garments, designs, print files, and mockups — are Previews, provided as drafts for your review.

What a Preview is. A Preview shows a garment as the Platform built it from the inputs it was given, at the sizes named, on a body of that size. The record of a Build that we show you is the Build's own: its stages, its checks and their results, and the states that were refused or replaced.

What a Preview does not promise.

• A Build's own check is not a fit report. It says whether cloth passes through cloth and whether the cloth is stretched or pressed together past the garment's limits on the body used. It does not say how the garment fits a person.
• Print files are prepared to the best of our knowledge against the print areas and specifications published by the Production Partner that a garment follows. They are not checked by a printer.
• Lettering and color are previews. A typeface, a color on a screen, and the look of a fabric may differ from the printed and sewn product.
• A garment built from a 3D model, a size chart, and photos is drafted from them. It is not the manufacturer's own sewing pattern.
• An accepted look ("Look accepted") records a person's review of how a size looks: yours, for a garment built for you, and ours, for a garment of the Library. It is not a release, a certification, or a warranty.

Your review. Production Partners and the individual production facilities in their networks interpret, scale, position, and print files according to their own specifications and processes, which vary between providers and facilities and which Beforewear does not control. You are responsible for reviewing print files against your Production Partner's current requirements — manually or with your Production Partner — and for ordering samples to verify the final result before offering a product for sale or putting a garment into production. By publishing a listing, submitting a product for production, or otherwise using an Output commercially, you confirm that you have reviewed and approved that Output, including its content, print dimensions, resolution, placement, and colors. Mockups are visual approximations only and do not guarantee the appearance of the final physical product (see Section 7.6). Beforewear is not liable for defects, returns, refunds, chargebacks, sales channel penalties, or other losses arising from Outputs that you published, approved, or submitted for production, or from a Production Partner's or production facility's interpretation of those Outputs.

8. Term and Termination

8.1 Term

These Terms remain in effect until terminated by either party.

8.2 Termination by You

You may stop using the Services and close your Account at any time through your account settings or by emailing contact@beforewear.com. When you close your Account, your Balance ends with it and is not refunded, except where Section 4.2A provides, so use it before you close it.

8.3 Termination by Us

We may suspend or terminate your Account immediately for any violation of these Terms, a reversed or disputed payment, illegal activity, or conduct that risks our platform's integrity. We may also terminate any Account for any other reason, with at least 30 days' notice by email; the unused part of the funds you added is then refunded within 30 days of the termination (Section 4.2A). When we terminate your Account for one of the reasons in the first sentence of this Section, your Balance is not refunded, except where Section 4.2A provides. Free and promotional access may be discontinued at any time as described in Section 4.5.

8.4 Effect of Termination

Upon termination, your access to the Platform will cease. You are responsible for exporting your content, data, and Outputs before termination. After termination we delete Your Content as described in our Privacy Policy. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Indemnification, Limitation of Liability, and Dispute Resolution) will remain in effect.

8.5 Inactive Accounts

If your Account holds no unexpired funds that you added and you do not sign in or use the Services for 12 consecutive months, we may deactivate and delete your Account. We will email your registered address at least 30 days before deletion. We do not delete an Account for inactivity while it holds funds that you added and that have not expired (Section 4.2A). Deletion permanently disables access and removes your personal information, Your Content, and Outputs, as described in our Privacy Policy. Polar, as the merchant of record, keeps its records of past purchases as the law requires. Deleted accounts cannot be recovered.

9. Dispute Resolution

9.1 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at contact@beforewear.com.

9.2 Arbitration Agreement

Any disputes not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules or, if you are a consumer, its Consumer Arbitration Rules. The arbitration will be held in New York, NY; if you are a consumer, any hearing is held by video or in the county where you live. Either party may instead bring an individual claim in small-claims court for disputes within that court's jurisdiction. Sections 9.2 and 9.3 do not apply to consumers in the EEA, the UK, or Switzerland, who may bring claims in the courts where they live.

9.3 Class Action Waiver

YOU AND ALGORITHMIC LABS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If this Section 9.3 is held unenforceable for a claim, that claim is decided in court, not in arbitration.

9.4 Statutory Consumer Rights

Nothing in these Terms limits statutory rights you hold as a consumer under mandatory law of your country of residence, including any withdrawal or refund rights available to EU or UK consumers.

10. General Provisions

10.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

10.2 Entire Agreement

These Terms (including the Data Processing Addendum where Section 6.2 applies it) and any license file that comes with the Developer Tools are the entire agreement between you and Algorithmic Labs, LLC about the Services.

10.3 Modifications

We may modify these Terms at any time. Material changes will be announced at least 14 days before taking effect, by posting the updated Terms, by in-app notice, or by email. Rate increases receive at least 30 days' notice. Your continued use of the Services after the effective date constitutes your acceptance of the changes. A change to Section 9 does not apply to a dispute that either party notified before the change.

10.4 Export Control and Sanctions

You may not use the Platform in violation of U.S. export control and sanctions laws. You represent that you are not on any U.S. government list of prohibited or restricted parties and will not use the platform to sell products to individuals or in countries embargoed by the United States.

10.5 Force Majeure

Neither party is liable for delays or failures in performance due to circumstances beyond reasonable control, including acts of God, acts of government, strikes, or failures of third-party services (including but not limited to Production Partners, AI model providers, the providers of the computers that Builds are done on, or hosting services).

10.6 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

10.7 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

10.8 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

11. Contact Information

For questions or legal notices regarding these Terms, please contact us at:

Algorithmic Labs, LLC
Attn: Legal Department
169 Madison Ave, STE 11762
New York, NY, 10016 US
Email: legal@beforewear.com