Terms of Service

Agreement to These Terms

We are Formetry LLC, a Wyoming limited liability company doing business as FORMÉ ("FORMÉ," "Company," "Platform," "we," "our," or "us").

We operate the FORMÉ platform, website, and all related products and services that refer or link to these Terms of Service (collectively, the "Services").

You can contact us by email at support@forme.style.

These Terms of Service (the "Agreement" or "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User," "you," or "your"), and Formetry LLC d/b/a FORMÉ, concerning your access to and use of the Services. By creating an account, clicking to accept these Terms, submitting a Hiring Invitation, generating Proposed Outputs, purchasing any license, or otherwise accessing or using the Platform, you agree to be bound by this Agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

If you are using the Platform on behalf of a company, agency, brand, or other legal entity, you represent and warrant that you are authorized to bind that entity to this Agreement, and "you" includes that entity.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason, as further described in Section 22 below.

We recommend that you print a copy of these Terms for your records.

1. Purpose and Platform Relationship

1.1 Purpose

FORMÉ operates a platform through which eligible users may: (a) engage participating models' AI-enabled Digital Twins to generate proposed creative assets and, where approved by the applicable Model, obtain limited licenses to use approved output images under defined campaign terms; (b) upload garment, product, or merchandise imagery and use the Platform's AI-powered Studio Features to generate professional-quality product photography, editorial shots, and related visual assets ("Product Shots"); and (c) create, configure, and use AI-generated Virtual Models — which are not based on any specific real person's likeness — to visualize outfit compositions, styling concepts, and merchandising presentations.

1.2 Sole Platform Licensor

FORMÉ is the sole platform licensor of all Approved Outputs and Studio Outputs made available through the Platform. Users do not obtain any direct license from, or contractual relationship with, any participating Model with respect to Approved Outputs unless FORMÉ expressly states otherwise in a separate signed writing.

1.3 No Guarantee of Availability or Approval

Model availability, acceptance of Hiring Invitations, generation of Proposed Outputs, and approval of any Proposed Output are not guaranteed. A Model may accept, reject, partially approve, or decline any transaction in the Model's sole discretion, subject to the governing model-side agreements and Platform rules. Availability and performance of Studio Features, including Virtual Model creation and Product Shot generation, are also not guaranteed.

1.4 Geographic Access

The information and services provided through the Platform are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Definitions

For purposes of this Agreement, the following terms have the meanings set forth below:

3. Eligibility, Registration, and Account Authority

3.1 Eligibility

You may use the Platform only if you are at least eighteen (18) years old and have the legal capacity to enter into a binding agreement.

3.2 Business and Agency Users

If you access the Platform for a company, brand, advertiser, agency, or other organization, you represent and warrant that: you have authority to bind that organization to this Agreement; the organization is responsible for all acts and omissions occurring through the account; and you will ensure all authorized users comply with this Agreement.

3.3 Registration Information

You must provide accurate, current, and complete registration, billing, and contact information and keep it updated. 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 Services (or any portion thereof).

3.4 Account Security

You are responsible for: maintaining the confidentiality of account credentials; restricting access to your account; all activity occurring under your account, whether authorized by you or not, except to the extent caused by FORMÉ's breach of this Agreement or applicable law; and promptly notifying FORMÉ of suspected unauthorized access, misuse, or security incidents affecting your account.

3.5 Account Verification

FORMÉ may require identity, business, payment, tax, or authority verification at any time and may suspend access pending verification.

3.6 Multiple Users and Seat Controls

FORMÉ may impose reasonable limits on users, seats, workspaces, API access, project volume, or campaign concurrency based on your plan, Order, or platform configuration.

4. Platform Workflow and Transaction Structure

4.1 Hiring Invitation Submission

To initiate a model-specific transaction, you must submit a Hiring Invitation through the Platform identifying, as applicable: campaign or project name; brand or client identity; product or service category; intended messaging context; channels, platforms, and placements; paid versus unpaid use; territory; campaign term and requested license term; any Sensitive Category Use; any requested third-party or Vendor access; and any other information FORMÉ reasonably requires.

4.2 Model Review of Invitation

The applicable Model may accept or decline the Hiring Invitation in the Model's discretion. FORMÉ does not guarantee response time, acceptance, or approval.

4.3 Generation of Proposed Outputs

If a Hiring Invitation is accepted, the Platform may permit you to generate Proposed Outputs using the applicable Digital Twin, subject to this Agreement, your purchased credits or fees, and Platform limits.

4.4 Proposed Outputs Are Not Licensed Assets

Unless and until a Proposed Output becomes an Approved Output: you receive no Output License in that Proposed Output; you may not export, download, publish, distribute, or commercially use it; any access to it is limited to internal review within the Platform; it may be presented in watermarked, preview, draft, low-resolution, or otherwise access-limited form; and it may be withdrawn, replaced, disabled, or rejected without liability except as expressly provided in this Agreement.

4.5 Submission for Approval

If you wish to seek rights in a Proposed Output, you must select the specific Proposed Outputs and submit them, together with the requested usage package, for Model review through the Platform.

4.6 Model Output Release

The Model may approve all, some, or none of the submitted Proposed Outputs. Only those specifically approved through a valid Model Output Release become Approved Outputs eligible for release and licensing.

4.7 License Activation

Your Output License becomes effective only when all of the following have occurred: the applicable Proposed Output has become an Approved Output; all required fees have been paid or validly charged; FORMÉ has released or enabled access to the Approved Output; and no fraud, payment failure, policy hold, legal restriction, or suspension applies.

4.8 No Obligation to Release

FORMÉ may withhold release, export, or access to any asset if FORMÉ reasonably believes release would violate law, Platform Policies, third-party rights, safety requirements, payment rules, or the approved transaction terms.

4A. Studio Features: Garment Upload, Product Shots, and Virtual Models

4A.1 Studio Features Overview

In addition to the Digital Twin workflow described in Section 4, the Platform provides Studio Features that allow you to: upload Garment Content; generate AI-powered Product Shots of your garments and merchandise; create and configure Virtual Models for outfit compositions and styling visualizations; and produce related creative assets — all without engaging a specific real Model's Digital Twin.

4A.2 Garment Content Upload

You may upload Garment Content to the Platform for use with Studio Features. By uploading Garment Content, you represent and warrant that: you own or have all necessary rights, licenses, and permissions to use and submit the Garment Content; the Garment Content does not infringe, misappropriate, or violate any third-party intellectual property, trademark, trade dress, or other proprietary right; and you authorize FORMÉ to process, reproduce, adapt, and use the Garment Content as reasonably necessary to operate Studio Features, generate Product Shots, render Virtual Model compositions, and provide the Services.

4A.3 Ownership of Garment Content

As between you and FORMÉ, you retain your rights in the Garment Content you upload. The license you grant FORMÉ under Section 4A.2 is limited to the purposes stated therein and does not transfer ownership of your Garment Content to FORMÉ.

4A.4 Virtual Model Creation

The Platform may allow you to create, configure, and customize Virtual Models for use in outfit compositions and Product Shots. Virtual Models are AI-generated figures that are not based on or derived from any specific real person's likeness. You acknowledge that: Virtual Models are Platform-generated assets and FORMÉ retains all right, title, and interest in Virtual Model technology, algorithms, and underlying systems; you receive no ownership interest in any Virtual Model itself, though you receive a license to use Studio Outputs as provided herein; and FORMÉ does not guarantee that Virtual Models will be unique to you or unavailable to other users.

4A.5 Generation and Release of Studio Outputs

Studio Outputs do not require a Model Output Release because they do not depict a real Model's likeness. Your license to use a Studio Output becomes effective when all of the following have occurred: the Studio Output has been generated and made available to you through the Platform; all applicable fees have been paid or validly charged; FORMÉ has released or enabled access, export, or download of the Studio Output; and no fraud, payment failure, policy hold, legal restriction, or suspension applies.

4A.6 Studio License Grant

Subject to your full compliance with this Agreement and payment of all applicable fees, FORMÉ grants you a limited, non-exclusive, revocable or terminable as provided herein, non-transferable, non-sublicensable except as expressly permitted under this Agreement, license to use each Studio Output solely within the scope set forth in the applicable Studio License Terms, Order, or checkout flow. Unless the applicable Studio License Terms state otherwise, Studio Outputs are licensed for commercial use in connection with your products and marketing, subject to the restrictions in this Agreement.

4A.7 Studio Output Restrictions

Unless expressly authorized by FORMÉ, you may not: resell, redistribute, or make any Studio Output available as a standalone asset, stock image, downloadable template, or reusable content component; use Studio Outputs to train, fine-tune, or benchmark any machine-learning or generative AI system; claim that a Virtual Model depicted in a Studio Output is a real person or use a Studio Output to deceive viewers about the nature of the content; or use Studio Outputs in any manner that violates this Agreement, Platform Policies, or applicable law.

4A.8 Applicability of General Terms

Except where this Section 4A expressly provides otherwise, all other provisions of this Agreement — including those concerning fees, intellectual property, prohibited uses, disclaimers, indemnification, limitation of liability, termination, confidentiality, and dispute resolution — apply equally to your use of Studio Features, Garment Content, Virtual Models, and Studio Outputs.

5. User Declarations and Transaction Accuracy

5.1 Binding Usage Declarations

For each transaction, you must accurately declare the intended: campaign or project; product or service category; content and messaging context; channels and platforms; placement type; paid media status; territory; campaign timing; license duration; and any intended third-party or Vendor execution.

5.2 Good-Faith Accuracy

You represent and warrant that all declarations, submissions, and campaign details are accurate, complete, and made in good faith. You may not under-declare scope, conceal a restricted use case, or seek approval for one use while intending another.

5.3 Changes Require Updated Approval

If your intended use changes in any material respect, including a different campaign, placement, channel, territory, term, or category, you must obtain a new or updated approval and pay any additional applicable fees before using the asset in the revised manner.

5.4 No Implied Rights

Approval for one channel, placement, campaign, or term does not imply approval for any other use.

6. Fees, Billing, Taxes, Credits, and Refunds

6.1 Fees

You agree to pay all applicable fees, charges, subscriptions, usage fees, credit purchases, license fees, extension fees, storage fees, export fees, or other charges displayed in the Platform, stated in an Order, or otherwise agreed in writing.

6.2 Fee Categories

FORMÉ may structure charges as one or more of the following: account or subscription fees; generation or compute fees for Proposed Outputs and Studio Features; reservation or workflow fees; approval or release fees; license fees for Approved Outputs and Studio Outputs; extension, expansion, or relicensing fees; service or support fees; and taxes and pass-through charges.

6.3 Charges for Proposed Outputs

Unless an applicable Order expressly states otherwise, fees associated with generating Proposed Outputs compensate for compute, platform usage, workflow access, and related services and may apply whether or not any Proposed Output is later approved by the Model.

6.4 Charges for Approved Outputs

Fees attributable to release or licensing of Approved Outputs become due when the Approved Output is released, licensed, exported, or otherwise made available to you, as specified in the applicable Order or checkout flow.

6.5 Payment Method

You authorize FORMÉ and its payment processors to charge your designated payment method for all amounts due. You must maintain valid and current payment information.

6.6 Taxes

Fees are exclusive of applicable taxes unless expressly stated otherwise. You are responsible for all sales, use, VAT, GST, withholding, digital-services, or similar taxes arising from your transactions, excluding taxes based on FORMÉ's net income.

6.7 Failed Payments

If a payment fails, is reversed, or is disputed, FORMÉ may: retry the payment method; suspend access to some or all Platform features; revoke or pause access to Approved Outputs and Studio Outputs; disable export or download functionality; charge reasonable collection costs where permitted by law; and offset credits, refunds, or other amounts otherwise owed to you.

6.8 Credits

Where FORMÉ offers credits: credits are not legal tender, personal property, or refundable unless required by law or expressly stated by FORMÉ; credits may be subject to expiration or usage rules disclosed at purchase or issuance; credits may be revoked for fraud, abuse, chargeback, or violation of this Agreement; and unused credits do not create any ownership interest in Platform assets.

6.9 Refunds and Credits

Except as required by law or expressly stated in an Order or Platform Policy: generation and workflow fees — including Studio Feature generation fees — are non-refundable once the relevant service has been made available; no refund is owed merely because a Model declines a Hiring Invitation or rejects some or all Proposed Outputs; if FORMÉ fails to deliver an Approved Output or Studio Output after valid approval and payment, your exclusive remedy may be reprocessing, replacement, credit, or refund of the fees specifically attributable to the undelivered output, at FORMÉ's election; and no refund or credit is available for suspension or termination caused by your breach.

6.10 Billing Disputes

You must notify FORMÉ in writing of any billing dispute within thirty (30) days after the charge date or invoice date. Failure to timely notify FORMÉ waives the dispute to the extent permitted by law.

6.11 Extensions and Scope Expansion

If you wish to extend the term, expand channels, add placements, enlarge territory, authorize additional Vendors, or otherwise broaden the Approved Usage Package, you must obtain FORMÉ's approval through the Platform and pay the then-current additional fee before the expanded use begins.

6.12 Price Changes

FORMÉ may change fees prospectively by updating pricing, Orders, or Platform displays. Price changes do not retroactively alter fees for Approved Outputs already validly licensed unless expressly agreed in writing.

7. Output License Grant

7.1 Limited License Grant — Approved Outputs

Subject to your full compliance with this Agreement, payment of all applicable fees, the applicable Model Output Release, and the Approved Usage Package, FORMÉ grants you a limited, non-exclusive, revocable or terminable as provided herein, non-transferable, non-sublicensable except as expressly permitted under this Agreement, license to use each Approved Output solely: for the approved campaign or project; in the approved content category and messaging context; on the approved channels, platforms, and placements; within the approved territory; during the approved term; and subject to the specific restrictions reflected in the applicable transaction record.

7.1A Limited License Grant — Studio Outputs

The license grant for Studio Outputs is set forth in Section 4A.6. Except where Section 4A expressly provides otherwise, the restrictions and conditions in this Section 7 apply equally to Studio Outputs, with references to the "Approved Usage Package" read as references to the applicable "Studio License Terms."

7.2 No Rights in Proposed Outputs

No license is granted in any Proposed Output that has not become an Approved Output. No license is granted in any Studio Feature generation that has not been released as a Studio Output.

7.3 No Ownership Transfer

Approved Outputs and Studio Outputs are licensed, not sold. No ownership interest in any Approved Output, Studio Output, Digital Twin, Virtual Model, Platform technology, model likeness, or related rights transfers to you.

7.4 Scope Controls

Your rights are limited to the exact Approved Usage Package or Studio License Terms, as applicable. Any use not expressly permitted is prohibited.

7.5 Vendor Use

You may permit a Vendor to handle Approved Outputs solely to execute your approved campaign if: the Vendor acts only on your behalf; the Vendor is bound by written obligations at least as protective as this Agreement; the Vendor receives no broader rights than you hold; and you remain fully responsible for the Vendor's acts and omissions.

7.6 No Transfer or Resale

Except as expressly permitted for Vendors under Section 7.5, you may not sell, assign, sublicense, distribute, syndicate, or otherwise transfer Approved Outputs, Studio Outputs, or any Output License to any third party without FORMÉ's prior written consent.

7.7 No Stock or Standalone Distribution

You may not resell, redistribute, or make any Approved Output or Studio Output available as a standalone asset, stock image, downloadable template, prompt pack, training asset, or reusable content component.

7.8 Suspension or Revocation for Cause

FORMÉ may suspend, limit, or terminate your Output License for any Approved Output or Studio Output if you breach this Agreement, exceed the approved scope, fail to pay amounts due, or use the output in a prohibited or unlawful manner. Suspension or termination does not limit FORMÉ's other remedies.

8. Permitted Editing and Modification Rules

8.1 Permitted Minor Production Edits

Unless the applicable Approved Usage Package or Studio License Terms state otherwise, you may make only the following minor production edits to an Approved Output or Studio Output, provided they do not materially alter any depicted Model's or Virtual Model's likeness, implied identity, or approved context of use: file compression or reformatting; resizing for approved placements; non-material cropping; color correction; background cleanup; layout integration; addition of copy, logos, pricing, or standard campaign text; and other substantially equivalent technical production adjustments.

8.2 Prohibited Modifications — Approved Outputs

Without new approval through the Platform, you may not: materially alter the Model's face, body, age, skin, hair, expression, or visible traits; regenerate, re-prompt, animate, remix, or synthesize new content from an Approved Output; create derivative images, videos, avatars, or other synthetic media based on an Approved Output; place the Model in a materially different context, setting, endorsement, or message than approved; combine the Approved Output with other assets in a way that materially changes meaning or portrayal; remove safety labels, provenance markers, watermarks, access controls, or rights-management data; obscure or delete metadata or approval identifiers where retention is required by FORMÉ or applicable law; or otherwise modify the asset beyond the limited edits expressly permitted above.

8.2A Prohibited Modifications — Studio Outputs

Without FORMÉ's prior authorization, you may not: regenerate, re-prompt, animate, remix, or synthesize new content from a Studio Output outside the Platform; create derivative images, videos, avatars, or other synthetic media based on a Studio Output; materially alter a Virtual Model's appearance in a manner that could be confused with a real person's likeness; remove safety labels, provenance markers, watermarks, access controls, or rights-management data from a Studio Output; or use a Studio Output to misrepresent the nature, quality, or characteristics of the depicted garment or product.

8.3 New Approval Required

Any material modification, derivative use, or new exploitation outside the Approved Usage Package or Studio License Terms requires a new transaction-specific approval and, where applicable, additional fees.

9. Intellectual Property Rights

9.1 FORMÉ Technology

As between you and FORMÉ, FORMÉ retains all right, title, and interest in and to the Platform, software, interfaces, workflows, documentation, architecture, prompts infrastructure, safety systems, data schemas, and all related intellectual property and proprietary rights. Our content and marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

9.2 Digital Twins and Virtual Models

Digital Twins are platform-generated assets incorporating model-authorized inputs and likeness rights. Virtual Models are AI-generated figures created through Studio Features. You receive no ownership interest in any Digital Twin or Virtual Model technology.

9.3 Model Rights Reserved

Each Model retains all rights in the Model's name, likeness, image, voice, persona, and publicity rights, except for the limited rights FORMÉ is authorized to administer through the Platform.

9.4 User Materials

As between you and FORMÉ, you retain your rights in User Materials. You grant FORMÉ a non-exclusive, worldwide, royalty-free license during the applicable transaction period to host, reproduce, display, process, adapt, and use User Materials solely as reasonably necessary to operate the Platform, generate Proposed Outputs, administer approvals, enforce rights, prevent fraud, and comply with law.

9.5 Submissions and Feedback

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you, provided FORMÉ does not thereby acquire any rights in your trademarks or confidential campaign materials beyond what is necessary to use the feedback.

You are responsible for what you post or upload. By sending us Submissions through any part of the Services you: confirm that you have read and agree with the "Prohibited Uses" section and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission; warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information.

9.6 No Implied License

Except for the limited rights expressly granted in this Agreement, no license or other rights are granted by implication, estoppel, or otherwise. Any breach of these intellectual property rights will constitute a material breach of this Agreement and your right to use the Services will terminate immediately.

10. Prohibited Uses

You shall not, and shall not permit any third party to:

10.1 Unlawful or Harmful Use

Use the Platform, any Proposed Output, Approved Output, or Studio Output in violation of law, regulation, court order, sanctions restriction, advertising standard, or third-party rights.

10.2 Adult or Exploitative Content

Generate, request, depict, publish, or use outputs in pornographic, sexually explicit, obscene, exploitative, or otherwise sexually abusive contexts.

10.3 Harassment, Defamation, or Abuse

Generate or use outputs to defame, harass, threaten, humiliate, stalk, intimidate, or otherwise harm any person, including the applicable Model.

10.4 False Association or Impersonation

Use outputs to falsely imply that a Model personally used, endorsed, recommended, sponsored, voted for, authored, approved, or is otherwise personally affiliated with a product, service, company, cause, or message beyond the limited approved campaign context. Use a Virtual Model or Studio Output in a manner designed to impersonate or be confused with a specific real person.

10.5 Fraud or Deception

Use outputs in connection with fraud, deception, scams, impersonation, false advertising, counterfeit activity, phishing, or misleading claims. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

10.6 Political or Sensitive Category Use Without Approval

Use outputs in connection with any Sensitive Category Use unless expressly approved in the applicable Approved Usage Package and permitted by Platform Policies.

10.7 Out-of-Scope Use

Use an Approved Output outside the approved campaign, category, channel, placement, territory, term, or special restrictions. Use a Studio Output outside the scope of the applicable Studio License Terms.

10.8 AI Retraining and Synthetic Reuse

Use any Proposed Output, Approved Output, or Studio Output for: training, fine-tuning, evaluating, or benchmarking any machine-learning or generative AI system; creating prompts, embeddings, datasets, or synthetic training assets; developing lookalikes, digital replicas, avatars, or related synthetic media; voice or video synthesis; or any other model-development or internal experimentation purpose, unless FORMÉ expressly authorizes that use in a separate signed writing.

10.9 Reverse Engineering

Attempt to extract, reconstruct, infer, or derive a Model's Appearance Data, Biometric Identifier, Biometric Information, underlying model weights, prompts, latent features, or other protected platform or identity-related information from the Platform, a Digital Twin, or any output. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

10.10 Metadata and Provenance Tampering

Remove, falsify, suppress, or alter metadata, provenance markers, rights-management information, watermarking, or other authenticity or compliance indicators associated with Platform assets, where technically present or contractually required. Delete the copyright or other proprietary rights notice from any content.

10.11 Bulk, Bot, or Abuse Activity

Use bots, scripts, scraping tools, automation, or high-volume generation methods to access or use the Platform except as expressly authorized by FORMÉ in writing. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

10.12 Circumvention

Bypass or attempt to bypass export controls, approval controls, payment gates, workspace restrictions, rate limits, or other technical or contractual restrictions implemented by FORMÉ. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services.

10.13 Competitive or Repository Use

Use outputs or Platform access to build, seed, improve, benchmark, or market a competing product, repository, stock library, dataset, or synthetic-modeling service. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise not expressly authorized under this Agreement.

10.14 Infringing User Materials

Submit User Materials or Creative Briefs that infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, contractual restriction, or other third-party right.

10.15 Restricted Persons and Jurisdictions

Use the Platform if you are subject to sanctions restrictions or use the Platform in a prohibited jurisdiction or for a prohibited end use.

10.16 Interference and Disruption

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

10.17 Harm to FORMÉ

Disparage, tarnish, or otherwise harm, in our opinion, us, the Models, and/or the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Use any information obtained from the Services in order to harass, abuse, or harm another person.

10.18 Unauthorized Account Activity

Attempt to impersonate another user or person or use the username of another user. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

11. User Representations and Warranties

By using the Services, you represent, warrant, and covenant that:

• you have full power and authority to enter into and perform this Agreement;
• you have the legal capacity and agree to comply with these Terms;
• you are not a minor in the jurisdiction in which you reside, and in no event under eighteen (18) years old;
• all information you provide to FORMÉ is accurate and complete in all material respects;
• your use of the Platform, Approved Outputs, and Studio Outputs will comply with this Agreement, Platform Policies, and applicable law;
• you have all rights necessary to submit User Materials, Garment Content, and Creative Briefs and to authorize FORMÉ to process them as contemplated by this Agreement;
• any Garment Content you upload does not infringe, misappropriate, or violate any third-party intellectual property, trademark, trade dress, or other proprietary right;
• your User Materials, Creative Briefs, and requested uses do not infringe, misappropriate, or violate any third-party rights;
• you will not seek to conceal, misstate, or under-describe the intended use of any output;
• you will not access the Services through automated or non-human means except as expressly authorized;
• you will not use the Services for any illegal or unauthorized purpose;
• your use of the Services will not violate any applicable law or regulation;
• you will not use any Approved Output or Studio Output after expiration, suspension, or termination of the applicable Output License; and
• you will require your personnel and Vendors to comply with this Agreement.

12. Privacy, Data Handling, and Notices

12.1 Privacy Policy and Notices

Your use of the Platform is also subject to FORMÉ's applicable privacy notices and Platform Policies, which describe FORMÉ's handling of account data, payment data, usage data, and other personal information.

12.2 No Replacement of Statutory Notices

This Agreement does not replace any privacy notice, notice at collection, consumer-rights disclosure, biometric notice, or other statutory disclosure FORMÉ may provide under applicable law.

12.3 User Responsibilities for Personal Data

You are responsible for ensuring that your submission of User Materials, campaign details, and any personal information through the Platform complies with applicable law and that you have all necessary rights, notices, and permissions to provide such information.

12.4 No Unauthorized Personal Data Use

You may not use the Platform to upload or process personal data, sensitive personal data, or regulated information except as permitted by law and reasonably necessary for the approved use case.

12.5 Vendor Data Access

If you share Platform access, Approved Outputs, or Studio Outputs with a Vendor, you are responsible for ensuring the Vendor's handling of data and assets complies with this Agreement and applicable law.

12.6 User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

13. Suspension, Takedown, Review, and Enforcement

13.1 Review Rights

FORMÉ may review Hiring Invitations, Creative Briefs, User Materials, Garment Content, Proposed Outputs, Studio Outputs, transaction details, and use reports to assess compliance with this Agreement, Platform Policies, legal obligations, or safety standards.

13.2 Refusal, Removal, or Disablement

FORMÉ may refuse, remove, disable, suspend, block, or restrict access to any account, Hiring Invitation, Proposed Output, Approved Output, Studio Output, Order, or feature if FORMÉ reasonably believes there is: a breach of this Agreement or Platform Policies; legal or regulatory risk; payment failure, fraud, or abuse risk; a third-party rights claim; safety, reputational, or misuse risk to a Model or the Platform; or a need to investigate suspected misconduct.

13.3 Takedown and Remediation

If FORMÉ determines, or reasonably believes, that an Approved Output or Studio Output is being used outside its approved scope, FORMÉ may require removal, suspend the applicable license, disable access, or take other commercially reasonable remedial action.

13.4 Reporting Violations

Models, rights holders, regulators, users, or third parties may report suspected misuse, infringement, or policy violations. You agree to cooperate reasonably with FORMÉ in investigating and resolving such reports.

13.5 Emergency Action

FORMÉ may take immediate action without prior notice where reasonably necessary to prevent harm, misuse, unauthorized publication, unlawful conduct, confidentiality breaches, or material platform abuse.

13.6 No Duty to Monitor

FORMÉ is not obligated to monitor all user conduct or content, but may do so in its discretion.

14. Disclaimers

14.1 Platform Provided As Is

Except as expressly stated in this Agreement, the Platform, Proposed Outputs, Approved Outputs, Studio Outputs, Digital Twins, Virtual Models, Studio Features, and all related services are provided "as is" and "as available." You agree that your use of the services will be at your sole risk.

14.2 Disclaimer of Warranties

To the maximum extent permitted by law, FORMÉ disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and results. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services.

14.3 No Guarantee of Approval or Availability

FORMÉ does not warrant that: any Model will accept a Hiring Invitation; any Proposed Output will be approved; any Approved Output or Studio Output will be suitable for your business needs; Studio Features will produce outputs of any particular quality, accuracy, or likeness to your Garment Content; the Platform will be uninterrupted, secure, or error-free at all times; or any specific feature, workflow, Model, or Virtual Model will remain available.

14.4 Allocation of Creative Judgment

You are solely responsible for reviewing all Approved Outputs and Studio Outputs before use and for determining whether their use complies with your legal, brand, and commercial requirements. You acknowledge that Studio Outputs, including Product Shots and Virtual Model renderings, are AI-generated and may not perfectly replicate the color, fit, texture, drape, or other characteristics of your actual garments or products.

14.5 Additional Disclaimers

We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

15. Indemnification

15.1 User Indemnity

You shall defend, indemnify, and hold harmless FORMÉ, its affiliates, managers, officers, directors, employees, contractors, agents, licensors, service providers, and the applicable Models from and against any third-party claims, actions, demands, investigations, damages, judgments, settlements, losses, liabilities, penalties, costs, and reasonable attorneys' fees arising out of or relating to: your breach of this Agreement; your use of any Proposed Output, Approved Output, or Studio Output in violation of this Agreement, the Approved Usage Package, or applicable Studio License Terms; your User Materials, Garment Content, or Creative Briefs, including any claim that your Garment Content infringes third-party intellectual property or proprietary rights; your products, services, advertising claims, campaign context, or disclosures; your violation of law, regulation, or third-party rights; or acts or omissions of your personnel, affiliates, clients, or Vendors.

15.2 Indemnity Procedure

FORMÉ will provide prompt notice of a claim for which it seeks indemnification, except delay will not relieve you of your obligations except to the extent materially prejudiced. You will control the defense and settlement of the claim, except that you may not settle any claim in a manner that admits fault of, imposes non-monetary obligations on, or otherwise binds an indemnified party without that party's prior written consent, not to be unreasonably withheld.

15.3 FORMÉ Participation

FORMÉ may participate in the defense with counsel of its choosing at its own expense.

16. Limitation of Liability

16.1 Exclusion of Certain Damages

To the maximum extent permitted by law, except for excluded claims, neither party shall be liable to the other for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, loss of business opportunity, or loss of data, arising out of or relating to this Agreement, even if advised of the possibility of such damages.

16.2 Liability Cap

Except for excluded claims, FORMÉ's total aggregate liability arising out of or relating to this Agreement shall not exceed the greater of: the total fees paid or payable by you to FORMÉ under this Agreement during the twelve (12) months preceding the event giving rise to the claim; or one thousand U.S. dollars (US $1,000).

16.3 Excluded Claims

The exclusions and cap in this Section do not apply to: your payment obligations; your indemnification obligations; either party's breach of confidentiality obligations; either party's fraud, gross negligence, willful misconduct, or intentional violation of law; or your unauthorized use of Proposed Outputs, Approved Outputs, Studio Outputs, Digital Twins, Virtual Models, or model-related rights outside the scope expressly granted.

16.4 Essential Basis

The parties acknowledge that the limitations in this Section are an essential basis of the bargain and that FORMÉ would not provide access to the Platform on the same terms without them. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

17. Term, Termination, and Effect of Termination

17.1 Term

This Agreement begins when you first accept it or use the Platform and continues until terminated in accordance with this Section.

17.2 Termination by User

You may stop using the Platform and terminate your account at any time, subject to any outstanding payment obligations, unexpired Orders, and surviving Output License restrictions.

17.3 Termination or Suspension by FORMÉ

FORMÉ may suspend or terminate your account, any Order, any Output License, or your access to any part of the Platform: for convenience on reasonable notice; immediately for breach of this Agreement or Platform Policies; immediately for fraud, payment failure, abuse, misuse, or suspected unlawful conduct; immediately if required by law or to prevent harm; or if a Model, rights holder, or regulator raises a claim requiring hold, review, or takedown.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17.4 Effect of Termination

Upon termination or suspension: your right to access the Platform may cease immediately; you may not generate new Proposed Outputs or Studio Outputs; your right to use any Approved Output or Studio Output remains only to the extent a valid Output License survives and has not been suspended or terminated; you must cease any use not expressly permitted to survive; you must promptly remove or disable any use of assets for which the applicable license has expired, been suspended, or been terminated; FORMÉ is not obligated to retain your Garment Content or other User Materials following termination, and you are responsible for maintaining your own copies; and accrued rights, payment obligations, and remedies remain unaffected.

17.5 Post-Term Cleanup

Upon request by FORMÉ following expiration, suspension, or termination of a license, you must certify cessation of use and, if applicable, deletion or removal of assets from active systems, subject to limited archival, legal, and backup exceptions expressly permitted by the applicable Approved Usage Package.

17.6 Survival

Sections that by their nature should survive will survive termination, including provisions concerning fees, taxes, ownership, restrictions, indemnification, limitation of liability, confidentiality, dispute resolution, audit and enforcement rights, and post-term use restrictions.

18. Confidentiality

18.1 Confidential Information

You may receive non-public information relating to Models, campaigns, pricing, technology, product design, approvals, audit logs, transaction records, and other proprietary or sensitive matters ("Confidential Information").

18.2 Use Restrictions

You shall: use Confidential Information only as necessary to exercise your rights or perform your obligations under this Agreement; protect Confidential Information using at least reasonable care; not disclose Confidential Information except to personnel and Vendors with a need to know and bound by confidentiality obligations; and promptly notify FORMÉ of unauthorized access or disclosure where reasonably practicable.

18.3 Exclusions

Confidential Information does not include information that you can demonstrate: was lawfully known to you without confidentiality restriction before disclosure; became public through no breach of this Agreement; was lawfully received from a third party without confidentiality duty; or was independently developed without use of the Confidential Information.

18.4 Compelled Disclosure

You may disclose Confidential Information to the extent required by law or legal process, provided you give FORMÉ prior notice where legally permitted and reasonably practicable.

19. Dispute Resolution; Arbitration; Class Action Waiver

19.1 Governing Law

This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. For clarity, this governing-law clause does not eliminate or limit any non-waivable rights or compliance obligations arising under otherwise applicable privacy, biometric, consumer-protection, or similar laws.

19.2 Informal Resolution

Before commencing arbitration, either party may provide written notice describing the dispute in reasonable detail. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after notice, unless emergency relief is necessary.

19.3 Binding Arbitration

Except as expressly provided in this Section, any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, any Order, any Proposed Output, any Approved Output, any Studio Output, or any Output License shall be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules.

19.4 Seat, Venue, and Language

The seat of arbitration shall be Wyoming. The arbitration shall be conducted in English and may proceed remotely, in person, or in a hybrid format as determined by the arbitrator or agreed by the parties.

19.5 Court Relief for Certain Matters

Nothing in this Agreement prevents either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, privacy rights, publicity rights, payment rights, or to prevent unauthorized use, release, or misuse of Platform assets, pending final resolution by arbitration where applicable.

19.6 Individual Proceedings Only

To the maximum extent permitted by law, all disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action or proceeding.

19.7 Jury Trial Waiver

To the maximum extent permitted by law, each party waives any right to a jury trial for any dispute permitted to proceed in court.

19.8 Severability of Dispute Terms

If any portion of this Section is found unenforceable, that portion shall be severed and the remainder enforced to the maximum extent permitted by law, except that if the class-action waiver in Section 19.6 is held unenforceable as to a particular claim and that determination is not subject to appeal, then that claim shall proceed in a court of competent jurisdiction rather than in arbitration.

20. Services Management and Corrections

20.1 Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

20.2 Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20.3 Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Notices and Electronic Communications

21.1 Consent to Electronic Communications

You consent to receive communications from FORMÉ electronically, including through email, in-product notices, dashboards, billing pages, or other authenticated Platform functions. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication 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 by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21.2 Legal Notices to You

FORMÉ may provide notices required under this Agreement to the email address associated with your account, through the Platform, or by other reasonable written means.

21.3 Notices to FORMÉ

Unless the Platform specifies another method, legal notices to FORMÉ must be sent to:

Formetry LLC d/b/a FORMÉ

Email: support@forme.style

21.4 Effective Time

A notice is deemed received: when sent by confirmed in-platform delivery; when sent by email, if no bounce-back or failure notice is received; one business day after dispatch by nationally recognized overnight courier; or three business days after mailing by certified mail.

22. Changes to These Terms

22.1 Updates

FORMÉ may update this Agreement from time to time by posting a revised version, providing in-product notice, email notice, or other reasonable notice. We will alert you about any changes by updating the "Last Updated" date of these Terms.

22.2 Effective Date of Changes

Unless a different effective date is stated, revisions become effective on the date posted or notified. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Platform after the effective date constitutes acceptance of the revised Agreement.

22.3 Existing Licensed Transactions

Changes to this Agreement apply prospectively unless expressly stated otherwise. Approved Usage Packages already granted before the effective date of a revision remain governed by the version in effect when the applicable Output License became effective, except to the extent a change is required by law or expressly accepted by you.

23. General Provisions

23.1 Entire Agreement

This Agreement, together with any applicable Orders, Platform Policies, approved transaction records, and documents expressly incorporated by reference, constitutes the entire agreement between you and FORMÉ concerning the subject matter hereof and supersedes prior or contemporaneous understandings relating to that subject matter.

23.2 Order of Precedence

In the event of conflict: (1) the applicable Approved Usage Package or Studio License Terms control for the specific output they govern; (2) an applicable Order controls over this Agreement solely as to pricing, packaging, or other expressly stated commercial terms; (3) this Agreement controls over general Platform Policies unless the Policy expressly states it supersedes this Agreement for a particular issue; and (4) any non-waivable legal requirement controls over inconsistent contractual language.

23.3 Assignment

You may not assign this Agreement, whether by operation of law or otherwise, without FORMÉ's prior written consent. FORMÉ may assign this Agreement in whole or in part in connection with a merger, financing, reorganization, acquisition, or sale of equity or substantially all assets.

23.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be interpreted or reformed as nearly as possible to reflect the original intent while remaining enforceable.

23.5 Waiver

No waiver of any breach or default is effective unless in writing and signed by the waiving party. A waiver of one breach is not a waiver of any other breach. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

23.6 Force Majeure

FORMÉ is not liable for delay or failure to perform caused by events beyond its reasonable control, including outages, infrastructure failures, labor disputes, natural disasters, war, terrorism, governmental action, internet failures, supplier failures, or security incidents not caused by FORMÉ's breach, except that this Section does not excuse your payment obligations for services already provided.

23.7 Independent Contractors

Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency, or employment relationship between you and FORMÉ.

23.8 Electronic Signatures

Your electronic acceptance of this Agreement, including by click-through, account creation, or other authenticated digital action, constitutes a valid and binding signature to the maximum extent permitted by law.

23.9 Interpretation

Headings are for convenience only and do not affect interpretation. The words "include," "includes," and "including" mean "including without limitation." These Terms operate to the fullest extent permissible by law. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You agree that this Agreement will not be construed against us by virtue of having drafted them.

24. Contact Us

Questions regarding this Agreement or the Services may be directed to:

Formetry LLC d/b/a FORMÉ

Email: support@forme.style

By creating an account, submitting a Hiring Invitation, uploading Garment Content, generating Proposed Outputs or Studio Outputs, purchasing a license, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.