Please read these terms carefully before using our services
Last Updated: January 25, 2025
Welcome to AInstein Global Inc. ("AInstein," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website ainstein.ca and our AI-powered solutions, including Virtual Try-On and AI-Powered Partner Relationship Management (PRM) services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
By creating an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
AInstein provides the following AI-powered services:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
To access certain features of our Services, you may be required to create an account. You agree to:
You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and AI models, are the exclusive property of AInstein or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include any right to:
You retain all ownership rights to any content, data, or materials you upload, submit, or transmit through the Services ("User Content"). By providing User Content, you grant AInstein a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and process your User Content solely to provide and improve the Services.
You represent and warrant that:
We may use anonymized and aggregated data derived from User Content for analytics, AI model training, and service improvement purposes, in accordance with our Privacy Policy.
Certain Services require payment of fees. By subscribing to a paid plan, you agree to pay all applicable fees as described on our pricing page. All fees are non-refundable unless otherwise stated.
Subscription Terms:
Payment processing is handled by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees incurred.
While we strive to provide reliable and uninterrupted Services, we do not guarantee that the Services will be available at all times or will be error-free. The Services are provided on an "as is" and "as available" basis. We may experience downtime due to:
We will use commercially reasonable efforts to minimize service disruptions, but we shall not be liable for any downtime or service interruptions.
TO THE FULLEST EXTENT PERMITTED BY LAW, AINSTEIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
You acknowledge that AI technology is evolving and may produce unexpected or inaccurate results. You are solely responsible for evaluating the accuracy and suitability of any AI-generated outputs.
AI-Generated Images May Include Mistakes: Our Virtual Try-On service uses artificial intelligence to generate visual representations of how products may appear on a person. You acknowledge and agree that:
Best Results - Photo Requirements:
To achieve the best possible results with our Virtual Try-On service, your uploaded photos should meet the following criteria:
Person Photo Requirements:
Product Photo Requirements:
Important Notice: Photos that do not meet these requirements may produce significantly less accurate results. AInstein is not responsible for poor quality or inaccurate virtual try-on results caused by photos that do not meet the specified criteria. Always refer to actual product specifications, size charts, and customer reviews before making purchase decisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AINSTEIN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO AINSTEIN IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 CAD, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless AInstein and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the Services will immediately cease. We may delete your account and User Content without liability. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Vancouver, British Columbia, in accordance with the Arbitration Act of British Columbia. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and AInstein regarding the Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
If you have any questions about these Terms of Service, please contact us:
By using AInstein's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.