Bespoq -- Terms of Service

DRAFT -- NOT YET IN EFFECT

This document is a working draft and has not been reviewed by a licensed attorney. It must be reviewed, revised, and approved by qualified legal counsel before publication or use. Do not rely on this draft as a binding legal instrument.

Last Updated: June 2026

1. Introduction and Acceptance

Welcome to Bespoq ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Bespoq platform, website (bespoq.ai), mobile applications, and all related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. We reserve the right to update these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least thirty (30) days before they take effect. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

Company Information:

Bespoq

[COMPANY_ADDRESS]

Contact: legal@bespoq.ai

2. Eligibility and User Accounts

2.1 Eligibility

You must be at least thirteen (13) years of age to use the Platform. If you are between thirteen (13) and eighteen (18) years of age, you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Platform, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to:

Provide accurate, current, and complete information;
Maintain and promptly update your account information;
Keep your login credentials confidential and secure;
Accept responsibility for all activity that occurs under your account;
Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

2.3 Account Security

Account authentication is managed through our third-party authentication provider (currently Clerk). You acknowledge that the security of your account depends in part on third-party services and that we are not liable for any breach or failure of such third-party services, except to the extent caused by our negligence.

3. Description of Services

3.1 AI Styling Recommendations (Tier 1)

The Platform uses artificial intelligence to analyze your style preferences, body measurements, lifestyle, and other profile data (collectively, your "Style Blueprint") to generate personalized clothing and accessory recommendations from third-party retail partners. These recommendations may include links to external retailer websites where purchases can be completed.

3.2 AI Bespoke Design and Manufacturing (Tier 2)

The Platform offers AI-generated custom garment designs tailored to your individual Style Blueprint. Bespoke designs that you choose to purchase are manufactured on-demand through our network of manufacturing partners and shipped directly to you.

3.3 Virtual Try-On and Body Scanning

The Platform may offer virtual try-on features and 3D body scanning capabilities to enhance the accuracy of recommendations and bespoke garment fit. These features rely on third-party technology providers and are provided on an "as available" basis.

4. Subscription Terms

4.1 Free Tier

Basic access to the Platform, including limited AI styling recommendations, is available at no charge. Free-tier features and limitations are described on the Platform and may change at any time.

4.2 Premium Subscription

The Premium subscription is available for $9.99 per month (USD) and provides access to enhanced features, including but not limited to: unlimited AI styling sessions, priority access to bespoke design features, advanced virtual try-on, and exclusive content.

4.3 Billing and Renewal

Premium subscriptions are billed monthly in advance through our payment processor (currently Stripe).
Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time within a paid period.
We reserve the right to change subscription pricing with at least thirty (30) days' prior notice. Price changes take effect at the start of the next billing cycle following the notice period.

4.4 Free Trials and Promotions

We may offer free trials or promotional pricing from time to time. Unless you cancel before the trial or promotional period ends, your account will be charged the then-current subscription price. Trial eligibility is limited to one per user.

5. Bespoke Orders -- Purchase Terms

5.1 Order Placement and Confirmation

When you place a bespoke order, you are making an offer to purchase a custom-manufactured garment. The order is confirmed and a binding contract is formed when we send you an order confirmation email. Pricing, estimated delivery timelines, and garment specifications are presented before you finalize your order.

5.2 Payment

Full payment is collected at the time of order placement. All prices are displayed in USD unless otherwise stated. Applicable taxes and shipping charges will be itemized before checkout.

5.3 Manufacturing and Delivery

Bespoke garments are manufactured on-demand by our manufacturing partners. Estimated delivery timelines are provided at the time of order but are not guaranteed. We will notify you of any material delays.

5.4 Refund and Return Policy

Because bespoke garments are custom-manufactured to your specifications, the following refund policy applies:

No refunds for style preference. If you are dissatisfied with the aesthetic design, color choices, or stylistic elements of a garment that was manufactured according to the approved design specifications, no refund or return will be issued. You have the opportunity to review and approve the design before manufacturing begins.
Refunds for manufacturing defects. If a garment arrives with a material defect in construction, materials, or workmanship (e.g., torn seams, incorrect fabric, printing errors), you are entitled to a full refund or a replacement garment at our option. You must report defects within fourteen (14) days of delivery with photographic documentation.
Refunds for fit issues (body scan orders). If you used our integrated 3D body scanning feature to provide measurements and the garment does not fit within reasonable tolerances, you are entitled to a remake at no additional cost or a full refund at our option. Fit claims must be submitted within fourteen (14) days of delivery. This guarantee does not apply if you manually entered measurements instead of using the body scan feature, or if your body measurements changed materially between the scan and delivery.

5.5 Cancellation

You may cancel a bespoke order within twenty-four (24) hours of placement, provided manufacturing has not yet begun. Once manufacturing has commenced, the order cannot be canceled.

6. Affiliate Links and Commission Disclosure

6.1 Affiliate Relationships

The Platform participates in affiliate marketing programs. When you click on product recommendations and make purchases from third-party retailers through links on the Platform, Bespoq may earn a commission on the sale. This commission is paid by the retailer and does not increase the price you pay.

6.2 FTC Compliance

In accordance with the Federal Trade Commission's Endorsement Guides (16 CFR Part 255), we disclose that Bespoq has financial relationships with the brands and retailers whose products appear in our recommendations. Our AI generates recommendations based on your Style Blueprint data and product availability; however, the existence of affiliate relationships may influence which products are surfaced. For complete details, see our Affiliate Disclosure.

6.3 Third-Party Transactions

Purchases made through affiliate links are transactions between you and the third-party retailer. Bespoq is not a party to those transactions and is not responsible for the products, pricing, shipping, returns, or customer service of third-party retailers. The retailer's own terms of service and privacy policy govern those purchases.

7. AI-Generated Content Disclaimers

7.1 Nature of AI Recommendations

All styling recommendations, outfit suggestions, and design concepts generated by the Platform are produced by artificial intelligence algorithms. While our AI is trained on extensive fashion data and personalized to your Style Blueprint, its outputs are suggestions, not professional fashion advice. You acknowledge that:

AI-generated recommendations may not always align with your expectations or preferences;
The Platform does not guarantee that recommended items will be in stock, at the displayed price, or available in your size at the time of purchase;
AI-generated bespoke designs are creative outputs that may vary from mental expectations.

7.2 No Professional Advice

The Platform does not provide professional styling, dermatological, medical, or body-image counseling services. If you have concerns about body image, skin sensitivities to materials, or related health matters, consult an appropriate professional.

7.3 Accuracy of Virtual Try-On

Virtual try-on and body scanning features provide approximations. Actual garment appearance, fit, and color may differ from digital representations due to variations in manufacturing, fabric behavior, screen calibration, and other factors.

8. Intellectual Property

8.1 Platform Ownership

The Platform, including its software, algorithms, AI models, user interface, branding, and all original content, is the property of Bespoq or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. You may not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Platform without our prior written consent.

8.2 User Data Ownership

You retain ownership of all personal data, style preferences, body measurements, and other information you provide to the Platform (collectively, "User Data"). By using the Platform, you grant Bespoq a non-exclusive, worldwide, royalty-free license to use, process, and analyze your User Data solely for the purpose of providing and improving the Platform's services to you.

8.3 AI-Generated Designs

AI-generated garment designs created through the Platform are owned by Bespoq until you complete a purchase of the garment. Upon completed purchase, you receive a personal, non-exclusive, non-transferable license to use the design for personal wear. Bespoq retains the right to use design elements, anonymized style patterns, and aggregated design data to improve its AI models and services. You may not commercially reproduce, sell, or license purchased designs without Bespoq's written consent.

8.4 User-Generated Content

If you submit reviews, photos, feedback, or other content to the Platform ("User Content"), you grant Bespoq a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute such content for the purpose of operating and promoting the Platform. You represent that you own or have the necessary rights to submit such content.

9. Data Usage

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and share your data. By using the Platform, you consent to the data practices described in the Privacy Policy.

10. Prohibited Conduct

You agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;
Create multiple accounts, use false identities, or impersonate any person or entity;
Interfere with, disrupt, or attempt to gain unauthorized access to the Platform, its servers, or connected networks;
Use automated scripts, bots, or scraping tools to access the Platform without our prior written consent;
Attempt to reverse-engineer, decompile, or extract the source code or algorithms of the Platform;
Circumvent, disable, or interfere with any security or access-control features of the Platform;
Upload or transmit malicious code, viruses, or harmful content;
Use the Platform to harass, abuse, or harm other users;
Resell, sublicense, or commercially exploit the Platform or its content without authorization;
Manipulate AI recommendations or exploit the Platform to generate fraudulent affiliate commissions;
Submit intentionally false body measurements or profile data with the intent to abuse the refund policy;
Use AI-generated designs for commercial reproduction or resale without authorization.

Violation of these terms may result in immediate account suspension or termination, at our sole discretion.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BESPOQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

Your use of or inability to use the Platform;
Any AI-generated recommendations, designs, or content;
Any third-party products purchased through affiliate links;
Unauthorized access to or alteration of your data;
Any errors, inaccuracies, or omissions in the Platform's content or features;
Any bespoke garment that does not meet your stylistic expectations (as distinguished from manufacturing defects or fit issues covered under Section 5.4).

11.3 Cap on Liability

IN NO EVENT SHALL BESPOQ'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO BESPOQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

11.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Bespoq and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any User Content you submit to the Platform.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@bespoq.ai and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Binding Arbitration

If the dispute is not resolved informally, you and Bespoq agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in [ARBITRATION_LOCATION] or, at your election, via telephone or video conference.

13.3 Class Action Waiver

YOU AND BESPOQ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [GOVERNING_LAW_STATE], without regard to its conflict-of-laws principles.

14. Termination

14.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your account settings or by contacting us at support@bespoq.ai. Upon termination, your right to use the Platform ceases immediately. Any pending bespoke orders that have entered manufacturing will be completed and delivered; you remain responsible for payment of such orders.

14.2 Termination by Bespoq

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, extended inactivity, or if we discontinue the Platform.

14.3 Effect of Termination

Upon termination:

Your license to use the Platform is immediately revoked;
We may delete your account data in accordance with our Privacy Policy and applicable data retention laws;
You may request an export of your User Data (Style Blueprint data, order history) within thirty (30) days of termination, after which we are under no obligation to retain it;
Sections 8, 11, 12, 13, and 15 of these Terms survive termination.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and Affiliate Disclosure, constitute the entire agreement between you and Bespoq regarding the Platform and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of Bespoq to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Bespoq may assign these Terms without restriction.

15.5 Notices

Notices to you will be sent to the email address associated with your account. Notices to Bespoq should be sent to legal@bespoq.ai or by mail to [COMPANY_ADDRESS].

15.6 Force Majeure

Bespoq shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, pandemic, war, government action, supply chain disruption, or failure of third-party services.

16. Contact Information

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

Bespoq

Email: legal@bespoq.ai

Mailing Address: [COMPANY_ADDRESS]

These Terms of Service are effective as of June 2026.