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Terms of Service

Last Updated: June 23, 2026

Welcome to Zaya. These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “you,” “your”) and Zaya Labs, Inc. (“Company,” “Zaya,” “we,” “us,” “our”), the provider of Zaya, governing your access to and use of the Zaya mobile application, website, and related services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 14). PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

Table of Contents

  1. Eligibility
  2. Account Registration
  3. User Content & Licenses
  4. AI Photo Analysis Consent
  5. AI Visualization Disclaimer
  6. Acceptable Use
  7. Intellectual Property
  8. Third-Party Services
  9. Fees & Payments
  10. Termination
  11. Disclaimers
  12. Limitation of Liability
  13. Indemnification
  14. Arbitration & Class Waiver
  15. Governing Law
  16. General Provisions
  17. Contact Us

1. Eligibility

To use our Services, you must:

  • Be at least 13 years of age (or 16 if located in the European Economic Area or United Kingdom)
  • Have the legal capacity to enter into a binding agreement (or, where you lack such capacity, have it on behalf of a parent or legal guardian acting on your behalf)
  • Not be prohibited from using the Services under applicable law

By using the Services, you represent and warrant that you meet all eligibility requirements. We may verify your eligibility at any time, including by requesting your date of birth at account creation, and may suspend or terminate accounts that do not meet these requirements.

2. Account Registration & Security

To access certain features, you must create an account. When you register:

  • You agree to provide accurate, current, and complete information
  • You agree to maintain and promptly update your account information
  • You are responsible for maintaining the confidentiality of your login credentials
  • You are responsible for all activities that occur under your account
  • You agree to notify us immediately of any unauthorized use of your account

We reserve the right to suspend, disable, or terminate your account if we reasonably believe you have violated these Terms, provided false information, or engaged in fraudulent activity.

3. User Content & Licenses

Your Content

You may upload, submit, or transmit photos, videos, and other content (“User Content”) to the Services. You retain ownership of your User Content, subject to the licenses granted below.

License to the Company

By uploading User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers), and revocable license to:

  • Process, store, and display your User Content to provide the Services
  • Create AI-generated visualizations, try-on images, and recommendations
  • Process your photos through AI to derive categorical style attributes as described in our Privacy Policy
  • Use your User Content and the AI-generated outputs we produce for you as training data to develop, train, evaluate, and improve the AI models that power the Services — including virtual try-on, garment recognition, styling, and recommendation models — and as inputs to teacher-model distillation pipelines that produce derived training datasets

This license terminates when you delete your User Content or account, except for: (a) content that has been shared with others who have not deleted it; (b) a reasonable period to remove from backup and archival systems; and (c) AI model weights produced by training rounds that completed before your deletion request, which are aggregated representations of many users’ data and cannot be selectively reversed. On deletion we will exclude your content from all future training rounds and remove your individual data from storage — see Section 6 of the Privacy Policy for the full carve-out.

Your Representations

By uploading User Content, you represent and warrant that:

  • You own the content or have obtained all necessary rights and permissions
  • If the content depicts other individuals, you have their consent
  • The content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
  • The content complies with all applicable laws and these Terms

5. AI Visualization Disclaimer

IMPORTANT: AI-generated visualizations, including virtual try-on images, are simulated approximations and:

  • May not accurately represent actual fit, color, texture, proportion, or appearance
  • Are for entertainment and informational purposes only
  • Should not be relied upon as the sole basis for purchasing decisions
  • May vary from actual products due to lighting, screen settings, and AI limitations

ZAYA DISCLAIMS ALL LIABILITY FOR PURCHASE DECISIONS MADE BASED ON AI-GENERATED VISUALIZATIONS. We recommend reviewing retailer return policies before making purchases.

6. Acceptable Use Policy

You agree NOT to upload, generate, transmit, or otherwise use the Services to create:

  • Explicit, pornographic, obscene, or sexually suggestive content
  • Child sexual abuse material (CSAM) of any kind, whether real, simulated, or AI-generated. We report CSAM to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required by law
  • Non-consensual intimate imagery (NCII) of any person, whether real or AI-generated
  • Deepfakes or AI-generated likenesses of real, identifiable persons without their explicit, verifiable consent
  • Synthetic or AI-generated media intended to defame, mislead, defraud, or impersonate any person, brand, or institution
  • Defamatory, harassing, threatening, or hateful content
  • Content depicting minors in inappropriate contexts
  • Content that infringes intellectual property rights of others
  • Photos of others without their consent
  • AI-generated outputs used for impersonation, fraud, deception, or harassment
  • Content used for any illegal purpose

You also agree NOT to:

  • Attempt to gain unauthorized access to the Services or other users’ accounts
  • Reverse engineer, decompile, or attempt to extract source code from the Services
  • Use automated means (bots, scrapers) to access the Services without permission
  • Interfere with or disrupt the integrity or performance of the Services
  • Circumvent or disable any security or access control features

We reserve the right to remove any content and terminate accounts that violate this policy, without prior notice.

Reporting

To report content or AI-generated outputs that violate this policy, including NCII, CSAM, deepfakes, or harassment, email abuse@zayalabs.com. Where applicable, we may also surface reporting controls directly in the app. We review reports promptly and may suspend access, remove content, or refer matters to law enforcement.

7. Intellectual Property

Our Intellectual Property

The Services, including all software, algorithms, AI models, user interfaces, designs, graphics, trademarks (including “Zaya,” “Zaya Labs,” our other word marks, and our logos), and content created by us, are owned by or licensed to the Company and protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

AI-Generated Content

AI-generated visualizations created using your photos are provided for your personal use. You may save and share them for personal and incidental promotional purposes (for example, posting your own try-on results to your social accounts). You may not resell or commercially exploit AI-generated outputs without our prior written consent. The underlying AI technology and models remain our property.

DMCA & Copyright Complaints

If you believe content on our Services infringes your copyright, please send a notice to dmca@zayalabs.com containing: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material with sufficient information to locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and you are authorized to act. Counter-notices may be sent to the same address.

Written notices may also be mailed to: Zaya Labs, Inc., Attn: Copyright Notices, 514 Americas Way #15677, Box Elder, SD 57719.

8. Third-Party Services & Affiliate Disclosure

The Services may display, link to, or enable purchases from third-party retailers and products.

Affiliate Disclosure

As an Amazon Associate and affiliate partner of other retailers, the Company earns commissions from qualifying purchases. When you click on product links and make purchases, we may receive compensation. This does not affect the price you pay.

Specific affiliate relationships are also disclosed adjacent to product links within the Services, consistent with the FTC Endorsement Guides (16 C.F.R. Part 255).

Third-Party Terms

Your interactions with third-party websites, products, or services are governed by those third parties’ terms and privacy policies. The Company is not responsible for:

  • The availability, accuracy, or quality of third-party products
  • Third-party websites’ content, privacy practices, or security
  • Transactions you conduct with third parties
  • Any damages arising from your use of third-party services

9. Fees & Payments

Certain features may require payment. Payments for in-app purchases and subscriptions are processed exclusively through the applicable platform (Apple App Store on iOS, Google Play on Android). We do not process card payments directly.

Auto-Renewing Subscriptions

If you purchase an auto-renewing subscription, the following terms apply:

  • Title of subscription: Disclosed at the point of purchase (for example, “Zaya Premium”).
  • Length of subscription: Monthly or annual, as disclosed at the point of purchase.
  • Price per period: Disclosed at the point of purchase in your local currency. Applicable taxes may apply.
  • Auto-renewal: Your subscription will automatically renew at the end of each period unless auto-renewal is turned off at least 24 hours before the end of the current period. You will be charged within 24 hours of the period ending.
  • Free trial conversion: If a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription. The trial converts automatically to a paid subscription unless cancelled before the trial ends.
  • Managing and cancelling: You can view, manage, and turn off auto-renewal in your Apple ID or Google Play account settings at any time. Deleting the app does not cancel your subscription.
  • Refunds: Refunds are subject to the applicable platform’s refund policy (Apple Media Services Terms or Google Play Terms of Service).

You agree to pay all applicable fees and taxes. We reserve the right to change pricing with reasonable notice; price changes do not affect active subscription periods.

Apple Standard EULA

For users who download the Services through the Apple App Store, the Apple Licensed Application End User License Agreement (Apple Standard EULA) also applies. In the event of any conflict between these Terms and the Apple Standard EULA with respect to the Apple-distributed version of the Services, the Apple Standard EULA controls solely to the extent necessary to resolve the conflict.

10. Termination

Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us. Upon termination, your license to use the Services ends immediately.

Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include:

  • Violation of these Terms or our policies
  • Conduct that we determine is harmful to other users or our business
  • Requested by law enforcement or government agencies
  • Discontinuation or material modification of the Services

Effect of Termination

Upon termination: (a) all licenses granted to you end; (b) you must cease all use of the Services; (c) we will delete your User Content and AI-derived style attributes in accordance with our Privacy Policy, subject to the AI model training carve-out in Section 6 of the Privacy Policy (AI model weights produced by training rounds that completed before termination are aggregated representations and are not reversed on a per-user basis; we exclude your data from all future training rounds and remove your individual data from storage); (d) any fees that accrued prior to termination remain due and payable; and (e) Sections 7, 9 (with respect to fees owed at termination), 11–16 survive termination.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
  • WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

We do not warrant that AI visualizations will accurately represent actual products. Use of the Services is at your sole risk.

Some jurisdictions do not allow disclaimer of implied warranties, so some of the above may not apply to you.

12. Limitation of Liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, willful misconduct, personal injury or death caused by negligence, or violations of law (including California Civil Code §1668). Subject to that carve-out, the following limits apply TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NO CONSEQUENTIAL DAMAGES: ZAYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
  • CAP ON LIABILITY: ZAYA’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100 USD.
  • PURCHASE DECISIONS: WE ARE NOT LIABLE FOR ANY LOSSES RELATED TO PURCHASE DECISIONS MADE BASED ON AI-GENERATED VISUALIZATIONS.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

If any portion of this Section 12 is held unenforceable in a particular jurisdiction, the remainder shall remain in full force and effect to the maximum extent permitted by law in that jurisdiction.

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zaya Labs, Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services
  • Your User Content, including claims that it infringes or violates third-party rights
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of the rights of any third party, including other users
  • Any unauthorized use of your account

This indemnity does not apply to the extent any claim arises from our own gross negligence, willful misconduct, or violations of law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Governing Law for This Section

This Section 14 is governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq., and federal arbitration law. The arbitrator, not any court, has exclusive authority to resolve disputes about the formation, scope, or enforceability of this Section 14, except as expressly stated below.

Notice of Dispute and Informal Resolution

Before initiating arbitration, you and the Company agree to attempt in good faith to resolve any Dispute informally for a period of at least 60 days. To start the informal-resolution period, the party raising the Dispute must send a written Notice of Dispute to the other party that describes the Dispute, the relief sought, and the sender’s contact information. Notices to the Company must be sent to legal@zayalabs.com. Any applicable statute of limitations is tolled during the informal-resolution period. Arbitration may not be commenced until the 60-day period has elapsed.

Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will, after the informal-resolution period, be resolved through binding individual arbitration, rather than in court, except that:

  • Either party may bring an individual action in small claims court if the claim qualifies and remains in that court
  • Either party may seek injunctive relief in court to prevent infringement of intellectual property rights

Class Action Waiver

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

Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, except as provided in the “Coordinated Filings” subsection below.

Arbitration Rules and Location

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims over $250,000, its Comprehensive Arbitration Rules and Procedures), supplemented by the JAMS Consumer Arbitration Minimum Standards where applicable. If JAMS is unavailable, the parties will mutually agree on another arbitration provider. Arbitration will be held at a location determined under the JAMS Consumer Arbitration Minimum Standards, or by video conference at the consumer’s election.

Arbitration Fees

For Disputes covered by the JAMS Consumer Arbitration Minimum Standards, the Company will pay all JAMS filing, administrative, and arbitrator fees in excess of the equivalent small-claims-court filing fee in your home jurisdiction. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

Coordinated Filings (Mass Arbitration)

If 25 or more substantially similar arbitration demands are filed against the Company within a 60-day period by or with the coordination of the same law firm or counsel (“Coordinated Filings”), the parties will work with JAMS to administer the demands in batches of no more than 50 demands per batch. The parties will select up to 10 bellwether demands per batch to proceed first, with the remaining demands stayed. After the bellwethers are resolved, the parties will engage in a 60-day good-faith mediation regarding the remaining batched demands before any further arbitrations proceed. This procedure does not waive any party’s right to individual adjudication; it governs the order and pacing of arbitrations only.

Confidentiality

The existence and content of any arbitration proceeding, including any submissions and the award, will be kept confidential by both parties and the arbitrator, except as necessary to enforce or challenge the award, comply with a legal or regulatory obligation, or pursue available judicial relief.

Opt-Out

You may opt out of this Section 14 by sending written notice to legal@zayalabs.com within 30 days of first accepting these Terms (or, if you accepted a prior version of these Terms that did not include this Section 14 or that contained materially different dispute-resolution provisions, within 30 days of the effective date shown at the top of this page). Your notice must include your name, address, email, and a clear statement that you wish to opt out. If we later materially change this Section 14, you will have an additional 30 days from the effective date of that change to opt out by sending notice to the same address.

Severability

If the class action waiver is found unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will proceed in court, and the remainder of this Section 14 (including individual arbitration for all other claims) will remain in effect. If any other portion of this Section 14 is found unenforceable, that portion shall be severed and the remainder shall remain in effect to the maximum extent permitted.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objection based on improper venue or forum non conveniens.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms 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, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or internet or infrastructure failures.

Changes to Terms

We may modify these Terms at any time. A change is “material” if it adversely affects your rights or obligations in a meaningful way, including changes to the license scope, the arbitration agreement (Section 14), fees and payment terms, our privacy practices, or our acceptable-use policy.

For material changes, we will provide notice at least 30 days before the change takes effect (by email, in-app notice, or both) and will request your affirmative acceptance of the updated Terms on next use of the Services. If you do not accept, you may stop using the Services and request account deletion.

For non-material changes (for example, typo fixes, clarifications, or updated contact information), the updated Terms take effect when posted, and your continued use of the Services constitutes acceptance.

Electronic Communications

By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

17. Contact Us

If you have questions about these Terms, please contact us:

Zaya Labs, Inc.

514 Americas Way #15677
Box Elder, SD 57719

General: hello@zayalabs.com

Legal: legal@zayalabs.com

Privacy: privacy@zayalabs.com

Abuse / safety reports: abuse@zayalabs.com

DMCA notices: dmca@zayalabs.com

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