Terms of Service

01

Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms or do not have the requisite authority, do not use the Service.

02

Eligibility

You must be at least 13 years old to use the Service. Users between 13 and 17 may only use the Service with the consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements.

The Service is not directed to, nor intended for use by, anyone under 13. If we have reasonable grounds to suspect that you are under 13, we may terminate your account and prohibit you from accessing or using the Service.

03

Your Account

You are responsible for:

• Providing accurate and complete information when you create an account
• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately at caitlin@getwww.app if you suspect unauthorized access

We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password or an account. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your account or password are solely your liability.

04

Acceptable Use

You agree not to:

• Use the Service for anything illegal, harmful, fraudulent, deceptive, or infringing
• Post content that is hateful, harassing, threatening, defamatory, obscene, or that violates anyone’s privacy or intellectual property rights, or that contains software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs
• Impersonate another person or misrepresent your affiliation with anyone
• Access the Service if you are or work for a direct competitor of WhatAreWeWearing
• Challenge, or help or induce any person or entity to challenge, the validity, ownership, use, or registration of any of our Intellectual Property (as defined below) or take any action in derogation of our rights in our Intellectual Property, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of our marks
• Attempt to access accounts, data, or systems that don’t belong to you
• Reverse engineer, scrape, decompile, or copy any part of the Service
• Use bots, automation, or any means, whether manual or automated, to interact with the Service that we haven’t authorized
• Interfere with or disrupt the Service or its infrastructure
• Use or access the Service in a manner that fails to comply with these Terms
• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party in any way;
• Create more than one account
• Create an account for anyone other than yourself

We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Service, infringe or violate any third-party rights, or violate any applicable laws or regulations.

05

Purchases

When you make a purchase through the Service (a “Transaction”), including the payment of your recurring monthly or annual membership fee to access the Service, you expressly authorize our third-party payment processor to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and related notifications (collectively, “Payment Information”). You represent and warrant that (a) you are duly authorized and have the legal right to use all payment method(s) represented by any such Payment Information, (b) the Payment Information is true, correct, and complete, and (c) you have sufficient funds or credit available upon your initiation of a Transaction to complete the Transaction.

When you initiate a Transaction, you authorize us to provide your Payment Information to our third-party payment processor so we can complete your Transaction and charge your payment method for the purchase price, plus any applicable taxes and other charges. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

You should be aware that online Transactions are subject to validation checks by our payment processor and your card issuer. We are not responsible if your card issuer declines to authorize payment for any reason. Please note that some card issuers may charge you an online handling fee or processing fee. We are not responsible for this.

06

International Use

The Service is offered only in jurisdictions where it is legal to do so. The availability of Service over the Internet is not a solicitation for or offering of services to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

We make no representation that the Service is appropriate or available for use in locations outside of United States or that accessing our website is legally permitted in countries or territories where the Service may be illegal. If you access the Service from other locations, you do so at your own risk and are responsible for compliance with local laws.

If you are located outside the United States, you consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on or through the Service.

07

Service Availability

We cannot guarantee that the Service will be available at all times. We will make reasonable efforts to maintain the Service. However, we do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Use of the Service is at your own risk.

We reserve the right, in our sole discretion and without any obligation, to modify, improve, discontinue or correct any errors or omissions in any portion of the Service at any times.

By using the Service, you agree that we are not responsible for any losses resulting from your use and acknowledge the following risks: (a) internet or wireless access may be delayed or interrupted, or may be unavailable; (b) data transmitted through the internet or wireless access may be intercepted by unauthorized persons; (c) your failure to physically secure your electronic device or to protect your passwords can result in unauthorized access to your account; and (d) the accuracy and timeliness or completeness of data transmitted through the internet or wireless access cannot be guaranteed.

08

Your Content

You retain ownership of the photos, comments, mood board pins, links, and other content you submit ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and adapt that content for the limited purpose of operating, improving, and promoting the Service.

You represent and warrant that you have all rights necessary to grant this license, and that your User Content does not violate any third party’s rights.

We may, in our sole discretion, remove or refuse to display any User Content that we believe violates these Terms or harms other users, without notice.

09

Poppy AI Recommendations

Poppy is the Service’s AI styling feature, powered by Anthropic’s Claude API. Poppy’s outfit picks are suggestions, not advice. They are generated based on the inputs you provide (e.g., occasion, size, aesthetic, budget, color preferences) and may not be perfectly accurate, in stock, or available in your size or region.

We do not guarantee fit, quality, availability, price, or shipping for any item Poppy recommends. Always confirm details with the brand before purchasing. Brand product details and pricing are subject to change.

10

Affiliate Links

Many of the items Poppy recommends include affiliate tracking links. When you click through and make a purchase, we may earn a small commission from the brand at no additional cost to you. We disclose these relationships in compliance with FTC guidelines and applicable consumer protection laws.

The brands you purchase from are independent third parties. Any transaction you make with a brand is governed by that brand’s own terms of sale, return policy, and privacy policy. We are not a party to those transactions and are not responsible for fulfillment, returns, refunds, or product issues.

11

Intellectual Property

The Service, including but not limited to its design, brand, look and feel, text, graphics, logos, the WWW word mark, the Botanical Poppy Mark, software, and all other materials (collectively, the “Intellectual Property”), is owned by WhatAreWeWearing or its licensors and is protected by intellectual property and other laws. You acknowledge our ownership of the Intellectual Property and agree that you will not copy, imitate, or use our Intellectual Property, in whole or in part, without our prior written consent. Any third-party trademarks, names, or logos referenced on the Service are the property of their respective owners, and the use of these trademarks, names, or logos inures to the benefit of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable, royalty-free, non-assignable, and non-sublicensable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer the source code of the Service, attempt to extract the source code of the Service, or remove any proprietary notices, except as expressly permitted in writing by us.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about our Service (collectively, “Feedback”). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our Service, create derivative works from, or otherwise exploit any such Feedback without any compensation to you.

12

Copyright Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Service may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit us to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to caitlin@getwww.app.

13

Third-Party Services

The Service may include links to or integrations with third-party websites, brands, and services (including but not limited to Anthropic for Poppy AI, our payment processors, our analytics providers, and affiliate brand partners) (collectively, “Third-Party Services”). You acknowledge and agree that we are not involved in the creation or development of Third-Party Services, disclaim any responsibility for Third-Party Services, and cannot be liable for claims arising out of or relating to Third-Party Services. Further, you acknowledge and agree that we have no obligation to monitor, review, or remove links to Third-Party Services but that we reserve the right to limit or remove links to Third-Party Services on the Service, in our sole discretion. Your use of any Third-Party Services is at your own risk and governed by that service’s own terms.

14

Technological Requirements

To access and use the Service, you must have a functioning mobile device (such as a smartphone or tablet) on which you have installed our mobile application or a personal computer equipped with a modem or other Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer and mobile device, your telecommunications service provider, and your computer and mobile device software. We are not responsible for any errors, failures, or malfunctions of your mobile device and software or your telecommunications services. You are responsible for ensuring that your mobile device, software, and telecommunications services are compatible with the Service. We reserve the right to change the system requirements for using the Service.

The Service may automatically download and install software updates. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of the Service.

15

Termination

You may stop using the Service or delete your account at any time by emailing caitlin@getwww.app.

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if continued operation of your account would harm other users or the Service.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

16

Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied. To the maximum extent permitted by law, WhatAreWeWearing disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We further expressly disclaim any warranty or other assurance to you regarding any third-party website or software that may be utilized in or referenced in the Service. Please note that your use of any third-party website or software will be governed by the terms of use and privacy policies of the providers of the third-party website software and not by these Terms or our Privacy Policy.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that Poppy’s recommendations will be accurate, suitable, or available for purchase.

17

Limitation of Liability

To the maximum extent permitted by law, WhatAreWeWearing, its officers, directors, employees, affiliates, agents, advisors, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunity, arising out of or in connection with your use of the Service. These limitations on liability apply to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

The total liability of WhatAreWeWearing, its officers, directors, employees, affiliates, agents, advisors, and contractors to you for any claim arising out of or relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose, or (b) one hundred US dollars ($100).

18

Indemnification

You agree to indemnify and hold harmless WhatAreWeWearing Inc. and its officers, directors, employees, and affiliates from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of (a) your User Content, including infringement claims related to your User Content, (b) your access to or use of the Service, or any website or services provided by a third-party made available through the Service, (c) your violation of these Terms or any applicable law or regulation, (d) your violation of any third party’s rights, or (e) your negligence or willful misconduct. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

19

Apple App Store Terms

If you download the Service from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple, and that Apple has no obligation to provide maintenance or support for the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You also agree to comply with the Apple Media Services Terms and Conditions in your use of the Service.

20

Google Play Store Terms

If you download the Service from the Google Play Store, you acknowledge that these Terms are between you and us, not Google, and that Google has no obligation to provide maintenance or support for the Service. Google and Google’s parent and subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You also agree to comply with the Google Play Terms of Service in your use of the Service.

21

Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of law principles. You and WhatAreWeWearing agree to the exclusive jurisdiction and venue of the state and federal courts located in Cobb County, Georgia, for any dispute arising out of or relating to these Terms or the Service, except where prohibited by applicable law. You waive any objection to jurisdiction or venue in any such courts.

22

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, all other provisions of these Terms shall continue in full force and effect as if the affected provision were never included.

23

Waiver

The failure of either party to insist upon strict performance or to seek remedy for breach of any provision of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such provision, condition, right, remedy, or election.

24

Force Majeure

We will not be responsible or liable to you or deemed in default or breach of these Terms by reason of any failure or delay in the performance of our obligations under these Terms (including the temporary unavailability or inaccessibility of the Service) where such failure is the result of any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic, or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.

25

Third-Party Beneficiaries

These Terms are personal to you and to us. Except as otherwise provided in these Terms, no third party shall be considered a beneficiary of these Terms for any purpose.

26

Equitable Relief

You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief to prevent the actual, threatened, or continued breach of these Terms.

27

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the app or by email. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. The "Last updated" date at the top of this page always reflects when the Terms were last modified.

28

Entire Agreement

These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between you and us regarding the Service. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

29

Contact

Questions about these Terms or want to send any other communication related to the Service? Reach us at caitlin@getwww.app.