Terms of Service

1. Acceptance of Terms

By accessing and using Bercela.com ("the Service"), operated by Terglos LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to customers, vendors, merchants, and contributors of content.

2. Description of Service

Bercela provides an artificial intelligence-powered platform for fashion creation, including but not limited to:

• Virtual try-on technology
• AI-generated fashion imagery
• Accessory addition and styling tools
• Digital fashion studio capabilities
• Image generation and editing services

3. User Accounts

3.1 Account Creation: To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

4. Acceptable Use Policy

You agree not to use the Service to:

• Upload or generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon any patent, trademark, copyright, or other intellectual property rights
• Generate deepfakes or misleading content intended to deceive or harm others
• Create content that violates any person's privacy or publicity rights
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks
• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Engage in any activity that could damage, disable, or impair the Service

5. Intellectual Property Rights

5.1 Service Content: The Service and its original content, features, and functionality are owned by Terglos LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content: You retain all rights to the content you upload to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute it in connection with the Service.

5.3 Generated Content: Content generated using our AI tools is subject to the following terms:

• Free tier users: Generated content may be used by Terglos LLC for service improvement and promotional purposes
• Paid tier users: You retain full commercial rights to generated content, subject to applicable laws

6. Payment Terms

6.1 Subscription Plans: Access to certain features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis.

6.2 Automatic Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

6.3 Refund Policy: We offer a 14-day money-back guarantee for first-time subscribers. After this period, subscription fees are non-refundable except as required by law.

6.4 Price Changes: We reserve the right to modify subscription prices with 30 days' notice. Such notice may be provided via email or through the Service.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, available at bercela.com/privacy. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

8. Disclaimers and Limitations of Liability

8.1 Service Availability: The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

8.2 AI-Generated Content: We do not guarantee the accuracy, quality, or appropriateness of AI-generated content. Users are responsible for reviewing and verifying all generated content before use.

8.3 Limitation of Liability: To the maximum extent permitted by law, Terglos LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service.

8.4 Maximum Liability: Our total liability to you for any damages shall not exceed the amount you paid to us in the twelve (12) months prior to the event giving rise to the liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless Terglos LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of the Service, violation of these Terms, or infringement of any third-party rights.

10. Termination

10.1 Termination by You: You may terminate your account at any time through your account settings or by contacting support.

10.2 Termination by Us: We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in any conduct that we determine to be inappropriate or harmful to the Service or other users.

10.3 Effect of Termination: Upon termination, your right to use the Service will cease immediately. We may delete your account and any associated data after a reasonable retention period.

11. Dispute Resolution

11.1 Arbitration: Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

11.2 Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

11.3 Exceptions: Nothing in this section shall prevent either party from seeking injunctive relief in a court of competent jurisdiction.

12. General Provisions

12.1 Governing Law: These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of any material changes via email or through the Service. Your continued use after such modifications constitutes acceptance of the updated Terms.

12.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12.4 Entire Agreement: These Terms constitute the entire agreement between you and Terglos LLC regarding the use of the Service.

13. Contact Information

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

14. Acknowledgment

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.