Terms & Conditions
These Terms & Conditions (the "Terms") govern your access to and use of the Window Shopper platform, including our website, retail in-store display systems, staff and administrative applications, APIs, and related services (collectively, the "Service"), provided by Window Shopper, LLC ("Window Shopper", "we", "us"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By clicking "Accept", signing an order form with Window Shopper, or otherwise accessing the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy & GDPR Policy. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
2. Eligibility
The Service is intended for lawful use by retail businesses and their authorized staff. You must be at least 18 years of age (or the age of majority in your jurisdiction) to enter into these Terms on behalf of an organization. Passersby who are captured by the Service in a retail environment are not parties to these Terms; their interaction is governed by our Privacy & GDPR Policy and by applicable law.
3. Our Services
The Service enables retailers to operate an AI-powered virtual try-on experience in physical retail windows. The Service includes, without limitation:
- Real-time camera-driven attention detection (on-device, no cloud streaming);
- Generative AI image and video composites depicting passersby wearing the retailer's merchandise;
- A vertical-screen display application running on certified hardware;
- An authenticated staff application for daily session unlock and live control;
- An administrative dashboard for retailer-side catalog, theme, and analytics management;
- Supporting APIs, hosting, and operational monitoring.
We may modify, suspend, or discontinue any component of the Service at any time. We will use reasonable efforts to provide advance notice of material changes.
4. Retailer Obligations
As a retailer using the Service in your physical premises, you agree to:
- Display prominent, legible, legally-compliant signage at each installation informing passersby that an AI camera is in use, that their image may be processed to render a try-on composite, and how to exercise their data rights;
- Obtain and maintain any licenses, permissions, permits, and rights required for installation and operation of the Service at your premises;
- Provide accurate product information (including imagery, prices, and availability) and promptly correct inaccuracies;
- Ensure your staff access the Service only through their personal, uniquely issued credentials and the QR-pairing flow described in our documentation, and that credentials are not shared;
- Comply with all applicable laws, including consumer protection, advertising, data protection, and accessibility laws, in the jurisdictions where you operate the Service;
- Not misrepresent the nature of the AI output (for example by presenting a generated image as an unedited photograph of the passerby).
5. Acceptable Use
You agree not to, and not to permit others to:
- Use the Service to generate, display, or promote content that is unlawful, defamatory, harassing, discriminatory, violent, sexually explicit, or otherwise harmful;
- Use the Service to impersonate any person or entity, or to misrepresent your affiliation with any person or entity;
- Probe, scan, or test the vulnerability of the Service, nor breach or circumvent any authentication, rate limiting, or security measures;
- Reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying models of the Service, except as permitted by applicable law;
- Resell, sublicense, or otherwise make the Service available to third parties outside your own authorized retail premises without our prior written consent;
- Use the Service to collect biometric identifiers or create persistent profiles of identified individuals.
6. Intellectual Property
The Service, including all software, models, prompt templates, themes, user interfaces, and documentation, is owned by Window Shopper or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during the term of your subscription.
Retailer trademarks, logos, product photography, and catalog content remain the property of the retailer. You grant Window Shopper a limited license to use such content solely to operate and improve the Service, to train internal models on aggregated, anonymized data, and to display the retailer's name and logo as a reference customer in our marketing materials, unless you notify us in writing that you opt out of such reference use.
7. User Content & Imagery
Imagery captured by the Service in a retail environment is processed to render a try-on composite. Raw captured frames are not retained beyond the short processing window required to produce the composite and are deleted immediately thereafter, as described in our Privacy & GDPR Policy.
Generated composite images and videos are displayed briefly on the retail screen and may be anonymously aggregated for analytics purposes. Composites are not used to identify individuals and are not sold or shared with third parties other than our AI service providers solely to the extent necessary for rendering.
8. Fees & Billing
Fees for the Service are set forth in the order form, signed quotation, or applicable pricing page accepted by you. Unless otherwise agreed in writing, fees are billed monthly in advance and are non-refundable. Usage-based fees (such as per-interaction API costs above a plan cap) are billed monthly in arrears. All fees are stated exclusive of taxes, duties, and similar charges, which are your responsibility.
If any invoice is more than 30 days past due, we may suspend the Service at the affected installation(s) upon reasonable notice until payment is received.
9. Warranties & Disclaimers
Window Shopper will use commercially reasonable efforts to provide the Service in a professional and workmanlike manner and in material conformance with its published documentation. Except as expressly set out in these Terms, the Service is provided "as is" and "as available", and we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the fullest extent permitted by applicable law.
We do not warrant that AI-generated composites will be accurate, error-free, or free from artefacts. We do not warrant that the Service will be uninterrupted or free from security vulnerabilities.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Window Shopper be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with these Terms or the Service, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the fees paid by you to Window Shopper for the Service in the twelve (12) months preceding the event giving rise to the liability.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud.
11. Indemnification
You will defend, indemnify, and hold harmless Window Shopper and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) content, imagery, or product information you provide to the Service; (c) your violation of any law or the rights of any third party, including data subjects in your premises; and (d) your use of the Service outside the scope of the licenses granted herein.
12. Termination
Either party may terminate these Terms for convenience with 30 days' prior written notice. We may suspend or terminate the Service immediately for material breach of these Terms, non-payment, or abuse of the Service. On termination, your right to access the Service ceases and we will remove your organization's content within 60 days, except as retained in anonymized, aggregate form for analytics or as required by law.
13. Governing Law & Venue
These Terms are governed by the laws of the jurisdiction of Window Shopper, LLC's registered office, without regard to conflict-of-laws principles. Any dispute arising out of these Terms will be resolved exclusively by the competent courts of that jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email to the administrative contact on record and by posting the updated Terms at this URL, with a revised "Effective" date. Continued use of the Service after the Effective date constitutes acceptance of the revised Terms.