Terms Of Service

1. General Information

   1. We operate as Modaway AI ("the Company", "we", "us", or "our"), an entity registered and incorporated under the laws of The Netherlands.
   2. We operate the website and AI-powered fashion studio at https://www.modaway.ai (the "Website").
   3. Modaway AI is an online direct-to-user platform that allows users to provide creative inputs into our AI generator to design custom shoes, bags, and leather accessories, which we then physically handcraft in Italy and deliver to the user.
   4. By using our Website, the AI generator, or purchasing our Services, you agree to the applicability of these Terms and Conditions.
   5. If you are under the age of 18, you represent that you have obtained permission from a parent or legal guardian to register an account, use the AI generator, and purchase products on Modaway AI.

2. Definitions

   • Agreement: These Terms and Conditions and any orders placed by the User.
   • Editions: Digital Editions utilized by the User to generate designs on the platform.
   • Generated Design: The digital rendering of a fashion product generated by the platform’s AI based on User inputs and our proprietary design bases.
   • User / You: The natural or legal person creating or purchasing products via the Website.
   • Services: The design generation, digital supply chain set-up, physical manufacturing, and delivery provided by us.

3. Platform Usage & Inputs

   1. Users may utilize Editions to generate custom fashion designs by entering text prompts and/or uploading image inputs.
   2. Inspiration and Structural Design Nodes: Any visual, textual, audio, or file inputs provided by the User in the form of text prompts, uploaded images, uploaded audio, or uploaded files, serve strictly as inspiration, acting as mere generic stylistic indications and not as models to be reproduced nor as elements to be incorporated into the generated design.
   3. AI Design Systems: Any visual, textual, or audio inputs, files, names, or products referenced in prompts, as well as any text, files, images, or audio uploaded by the User, serve strictly as stylistic inspiration. Any references to third-party brands, products, designs, entities, trademarked terms, celebrity names, or identities are processed solely to extract generic, descriptive styling parameters (such as mood, color, shape, or style), acting as mere generic stylistic indications and not as models to reproduce nor as elements to incorporate into the generated design.
      Modaway AI does not reproduce, replicate, or reconstruct any third-party product, design, or intellectual property. Modaway AI is not designed to reproduce, imitate, or evoke specific third-party products, designs, or distinctive signs, nor to generate results substantially similar to those existing on the market. Any possible similarity to third-party products or designs must be considered purely accidental and unintentional, resulting from the autonomous functioning of the system and the abstract processing of generic parameters.
      Our AI system utilizes Natural Language Processing and proprietary algorithms to reinterpret and reframe all inputs, operating autonomously. Text, image or audio prompts act purely as descriptive adjectives to convey a desired mood, color palette, or aesthetic. Our AI system interprets the input through proprietary algorithms, operating autonomously and applying the extracted parameters exclusively to Modaway AI's proprietary base fashion-design models and proprietary design structures. Under no circumstances are third-party brand names, trademarked terms, identities, designs, or protected elements incorporated into the actual design or physical structure of the final generated product.
      The User explicitly acknowledges that any reference to third-party brands, trademarked terms, celebrity names, identities, events or other third-party entities in the prompts is used exclusively as a generic style indication, without any connection to the referenced brand or entity, and does not affect the ownership, origin, or identity of the generated design.
   4. Modaway AI utilizes automated and manual filters. If a User violates input guidelines, the generation will be blocked instantly, and the utilized remaining Editions will not be refunded. A single severe violation, or continuous violations, or any attempt to maliciously exploit or crash the generation system, will result in immediate account suspension without refund of any purchased editions. These control and moderation activities do not constitute a general obligation to monitor the content submitted by Users.
   5. During account creation, users must select a username. Users are strictly prohibited from using third-party brand names, trademarked terms, celebrity names, third-party entities, identities they do not legally own, or any violent, offensive, or NSFW language for their username. The user assumes full legal and financial responsibility for their chosen username. If a User registers an unauthorized or prohibited Username, the account may be suspended or terminated and remaining Editions will not be refunded. Modaway AI reserves the right to remove, modify, or anonymize any username at any time, even after publication, should legal or reputational risks arise.
   6. Custom Product Tags: When purchasing a product, Users may have the option to add a custom name or text tag to the physical item. Users are strictly prohibited from using third-party brand names, trademarked terms, celebrity names, third-party entities, identities, or any names they do not have the legal right to use, or any violent, offensive, or NSFW language. The User assumes full legal and financial responsibility for any custom text, names, or tags they submit for production. If a User submits an unauthorized or inappropriate custom tag, we reserve the right, at our sole discretion, to pause the order and ask the User to change it, automatically replace the requested text with a neutral tag (such as a "Limited Edition ID" or similar generic identifier), or proceed with a modified version of the text in order to avoid legal risks. The User expressly agrees that such modifications may be made unilaterally.
   7. Account Registration & Communications: By creating an account and using the platform, you explicitly agree to receive email communications from us. These include important operational emails necessary for your use of the platform and your products, direct communication from our staff tailored to how you use the platform, as well as promotional and guide emails to inform you to how better use the platform and inspire your experience. You may opt out of some of the emails by following the unsubscribe instructions provided in those emails.
   8. Account Security & Login: Users may create an account using a third-party service (such as Google log-in) or by utilizing an email address and password. You are solely responsible for maintaining the confidentiality of your account credentials. Modaway AI is not responsible or liable for any security breaches, unauthorized access, or damages resulting from stolen, shared, or compromised log-in information or passwords on the User's end.
   9. Input restrictions & user Responsibility: Users take full legal responsibility for any text , image, file or audio they input or upload to the platform. By uploading any image, file, audio or entering any text prompt, the User confirms and explicitly warrants that they own or possess all necessary legal rights to use it, and Modaway AI assumes no liability for User-provided content. If any third party brings a claim or lawsuit against Modaway AI for copyright, trademark, or other intellectual property infringement, or for any unlawful, violent, or discriminatory act resulting from a User's text prompts, uploaded images, or naming choices, the User assumes 100% legal and financial responsibility to cover all resulting damages, penalties, and legal fees. Furthermore, Users are strictly prohibited from entering text or uploading images, file or audio that contain, promote, or request violent, hateful, offensive, discriminatory, pornographic, sexually explicit (NSFW), or unlawful content. Additionally, Users are strictly forbidden from attempting to bypass our IP filters or using the platform to intentionally engineer counterfeit goods, exact replicas of protected trade dress, or unauthorized physical brand tags or create unlawful content . The User further acknowledges that filtering, moderation, or automatic blocking systems are provided on a reasonable diligence basis and do not guarantee the absence of illicit content or violations of third-party rights, provided however that Modaway AI commits to intervening without undue delay upon acquiring actual knowledge of the presence of illegal content. Modaway AI does not systematically monitor content prior to its generation, nor the final result of the designs derived from automatic processes activated at the User's request.
   10. Automatic, Manual revision and Unilateral Modification and Anonymization: We reserve the right, at any time and at our sole discretion—even on a non-systematic basis and without assuming any general obligation to monitor—to review, block, modify, suspend, or remove any content—including Creator Names, text prompt, audio prompt, image prompt, product names, custom tags, any other inputs or any design produced by the platform —even after generation, publication, or during the physical production phase, if deemed potentially unlawful or in violation of these Terms. Should legal or reputational risks arise, we expressly reserve the right to unilaterally anonymize or replace User-selected names and tags with generic identifiers, and the User expressly agrees to such unilateral modifications.
   11. Assistive Function of Filters: Any automated validation systems, IP filters, or blacklists provided on the platform serve a merely assistive function and do not guarantee compliance with applicable regulations. We do not systematically monitor content prior to its generation, nor do we assume a general obligation to monitor the final results derived from automatic processes activated at the User's request.
   12. Modifications and Removals: Modaway AI reserves the right, at its sole discretion and without prior notice, to modify, alter, or completely remove any generated product design from the User's account, public galleries, or the Website entirely, for technical, structural, conflicting, or production-related reasons.
   13. Statement of Reasons for Restrictive Decisions: Where Modaway AI decides to remove, suspend, block, or limit User content, accounts, or functionalities for reasons related to violations of law or these Terms, it may provide the User, where reasonably possible and unless prevented by legal or investigative constraints, with a concise communication indicating the measure adopted.
   14. Internal Complaint Procedure: Users may contest decisions involving removal, suspension, or limitation of their content or account through sending an email to legal@modaway.ai including all the necessary details such as username/email and a brief explanation for your appeal. Modaway AI shall review such complaints within a reasonable period and may confirm, amend, or revoke the contested decision.

4. Ownership & Display Rights

   1. The AI generator creates designs strictly utilizing our proprietary design nodes and API partner networks. We retain 100% exclusive intellectual property ownership of all Generated Designs, associated product names, digital images, and resulting physical products. The User receives no intellectual property rights, copyrights, or exclusivity over the designs or names they generate.
   2. Non-Exclusivity and Coincidental Overlap: The User acknowledges and agrees that AI-generated designs, exact material/color combinations, and product names are strictly non-exclusive. Because the platform utilizes shared API architecture and partner networks, the AI may generate designs and names that are identical or substantially similar to those that already exist on third-party creator platforms, partner websites, or those generated by other users. We bear no liability for any coincidental overlap in design, material choices, colorways, or nomenclature.
   3. The User is purchasing exclusively the physical, tangible product, which may be used for personal, corporate, or other legal purposes. The User does not acquire any exclusive right to prevent others from generating or purchasing the exact same design combination or name.
   4. By generating a design or selecting a product name on the platform, the User grants us the automatic, perpetual, irrevocable, and royalty-free right to use and display the design, the name, the User's input/prompt, and the User's platform name on our Website (including public galleries), our social media platforms, and other external marketing channels for commercial and promotional purposes. We reserve the absolute right to produce and sell any generated design and its associated name to other customers in the future without requiring permission from, or owing compensation to, the original User.
   5. No authorship or co-Authorship: The generated designs do not constitute works of the User. The User does not acquire any copyright, moral rights, co-authorship, or designer rights, regardless of the extent or detail of the creative contribution, inputs, or text prompts provided by the User.
   6. Platform limitations: Modaway AI does not constitute a marketplace and does not allow Users to offer or sell products to third parties through our systems. Usage of the digital platform is strictly limited to the creation and purchase of the generated products by the User.

5. Fashion Editions & Expiration

   1. Users receive from 0 to 15 free fashion editions upon registration. We may occasionally run promotions or timed replenishments to add free editions weekly, but balances are strictly capped at a maximum of 6 and do not roll over. We may stop initial free edition allocations, promotions, and timed replenishments at any time without notice. Free editions have no monetary value, cannot be exchanged for cash, and are never refundable.
   2. Each generation the user does create 3 unique editions. Generating 3 editions per generation is considered normal system behavior, but editions all or some may not be created for multiple reasons including violation of terms and editions will not be refunded. Paid editions are always consumed before free editions.
   3. If a design generation fails due to the user's technical or connection issues, or if it is blocked because the user's prompt violates our Terms (e.g., inappropriate content), the edition is permanently forfeited and will not be returned or refunded.
   4. Paid editions are immediate digital consumables. By purchasing them, users consent to immediate delivery, waive any statutory right of withdrawal, and agree that all purchases are final and strictly non-refundable. We reserve the right to change the pricing, quantity, or availability of paid edition packs at any time without prior notice.
   5. Paid editions expire exactly three (3) years from the date of purchase. If a user deletes their account, or if we terminate it due to a violation of these Terms, all remaining editions (both free and paid) are permanently forfeited without compensation.

6. Product Expectations

   1. Platform renders represent highly conceptual ideas that can sometimes contain physically impossible or structurally unsound details.
   2. Every physical product is uniquely handcrafted in Italy by expert artisans. To ensure the final product is physically wearable, durable, and manufacturable, the final handmade item serves as an artisanal interpretation of the digital render.
   3. The User acknowledges and agrees that the final physical product may vary slightly from the digital render in color tones, material textures, physical shape, and metal hardware. Refunds will not be granted purely on the basis of these necessary artisanal manufacturing adaptations.
   4. All physical products manufactured through Modaway AI, including footwear and leather goods, are intended strictly for general fashion and lifestyle purposes. They are not designed, tested, or certified for medical use, orthopedic support, or therapeutic purposes. Furthermore, the products do not possess specific safety or performance certifications. This means footwear is not guaranteed to be anti-slip, waterproof, or suitable as personal protective equipment (PPE), and leather bags are not certified for extreme weight-bearing or hazardous material transport. Users acknowledge that certain artisanal materials (such as smooth leather soles) can be naturally slippery, and the User assumes all associated risks by purchasing and wearing the products.
   5. Modaway AI utilizes exclusive, proprietary materials unique to our brand for the manufacturing of all physical goods. These include, but are not limited to, Modaway Premium Leathers, Modaway Matte Leathers, Modaway Soft Grain Leather, Modaway Calf and Lamb Leathers, Modaway Special Textile Leathers, and other Modaway Special and Exclusive Materials. The final selection and application of these materials are determined by our artisans to best interpret the digital render.

7. Orders, Pricing, Taxes, International shipping, Payments

   1. All prices are clearly displayed at checkout. Due to the hybrid digital/physical nature of our service, User orders may be separated into two distinct and independent invoices:
      • A Service Invoice covering non-tangible digital services provided digitally prior and during the manufacturing.
      • A Product Invoice covering the physical goods manufactured and shipped to the user.
   2. Tax & Duties: Sales tax applies to orders shipped within the USA where applicable. For international shipments and to the USA, import tariffs and customs duties may apply. Sales taxes and duties or tariffs are calculated on the value of the Product Invoice (the physical product), not the digital services.
   3. If a package shipped outside the EU/USA/UK is returned, abandoned, or destroyed because the User refuses to pay their local customs duties, import taxes, or clearance fees, the User forfeits their right to any refund.
   4. Payment Processing: We utilize Stripe and other secure third-party payment processors (including, but not limited to, PayPal, Klarna, or similar providers) to process credit cards and other payment methods. The checkout and payment authorization process is managed directly by these third-party processors.
   5. Payment Disputes & Chargebacks: If a payment is disputed or a chargeback is initiated through your bank or payment provider without a valid, justified reason, we reserve the right to immediately suspend or permanently ban your account from the platform.

8. Production & Delivery

   1. Manufacturing Partners: To provide our Services, Modaway AI utilizes integrated third-party APIs and manufacturing partners with internal and external manufacturing networks and expert artisans in Italy. The User acknowledges and agrees that the physical production, assembly, and fulfillment of the Generated Designs are executed by these direct partners and API-connected facilities.
   2. Each piece is made-to-order in Italy by our partners. The advertised "7 business days" timeframe is an estimate for production.
   3. This timeframe does not constitute a strict, legally binding guarantee, and does not include shipping preparation time, courier transit time, weekends, or public holidays. We are not liable for minor delays resulting from unforeseen supply chain issues, material shortages, third-party partner delays, or courier disruptions.
   4. Shipping to the EU, UK, and USA is free of charge. Shipping rates for other regions are calculated at checkout.
   5. Design Modification and Production Suspension: We reserve the right, at our sole discretion and without prior notice, to unilaterally modify or remove any part of a generated design for technical, structural, conflicting, or production-related reasons. Furthermore, Modaway AI reserves the right to suspend or cancel the physical production of any order without prior notice for any of these aforementioned reasons. In the event that a production order is suspended or canceled by us after a production payment has been made, the User will be issued a full refund for the affected production amount.

9. Guarantees & Resolutions

   1. We offer a Satisfaction Guarantee on our custom produced products made and shipped by us to our Users. Because each product is uniquely made-to-order, this guarantee is subject to the conditions outlined below.
   2. If you experience a verifiable issue with your product (e.g., sizing issues, manufacturing defects), you must contact us at hello@modaway.ai within 7 calendar days of receiving your item. To be eligible for a resolution, the product must remain unworn, unused, and in its original packaging.
   3. To process a claim, the User must provide clear photographic evidence and a written description of the issue. All claims are subject to review and approval by our quality control team.
   4. Upon approval of the claim, the User may choose from the following options: a free replacement product, a variable partial refund (the exact amount of which is determined at our sole discretion based on the nature and severity of the issue) while keeping the original product, a partial discount code for a future purchase while keeping the original product, or a full return and refund. Full refunds and free replacements are strictly processed only after the original item has been received and inspected at our return facility to confirm its unworn condition. Upon approval of the full refund or the replacement, the User is responsible for covering the cost of the return pick-up.
   5. Resolution Timelines: Please note that once a full or partial refund is initiated by our team, it may take up to 25 business days for the funds to reflect in your account, depending entirely on your bank or payment provider's processing times. If a replacement product is selected, please allow up to 3 weeks for the new custom product to be processed, handcrafted, and shipped.

10. Indemnity

    1. You agree that you will be solely responsible for your use of the Website, the AI generator, and the Services. You agree to defend, indemnify, and hold harmless Modaway AI, its parent company, its operating entities, and its officers, directors, employees, artisans, consultants, affiliates, subsidiaries, and agents (collectively, the "Modaway AI Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Website, AI generator, and Services; (ii) your violation of these Terms (specifically including, but not limited to, the input and naming restrictions outlined in Section 3) or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, trademark, publicity, confidentiality, property, or privacy right relating to the images, text prompts, or custom tags you submit; or (iv) any disputes or issues between you and any third party.
    2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such case, you agree to fully cooperate with our defense of such claim.
    3. You agree to fully indemnify, defend, and hold harmless the Modaway AI Entities from and against any and all claims, liabilities, damages, physical injuries (including but not limited to slips, falls, blisters, or orthopedic issues), property damage, losses, or legal expenses arising directly or indirectly from your (or any third party's) wear, use, or misuse of the physical products manufactured and purchased through the Website.

11. Disclaimers, No Warranties

    1. THE WEBSITE, AI GENERATOR, AND DIGITAL SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MODAWAY AI ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT, TEXT PROMPTS, OR IMAGES UPLOADED BY USERS ON THE PLATFORM.
    2. AS SUCH, YOUR USE OF THE WEBSITE AND AI GENERATOR IS AT YOUR OWN DISCRETION AND RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MODAWAY AI ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, UPTIME, OR RELIABILITY OF THE DIGITAL PLATFORM AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    3. Claims and returns for shipped physical products are governed by Section 9.
    4. Disclaimer on Content Moderation: The Modaway AI Entities are not subject to general monitoring obligations regarding content generated by Users. Any filtering or moderation activity is carried out on a reasonable diligence basis and does not constitute a guarantee of the absence of illicit content, provided however that, upon acquiring actual knowledge of illegal content, the Modaway AI Entities will act without undue delay to remove or disable access to such content.

12. Limitation of liability

    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MODAWAY AI ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, AI GENERATOR, OR ANY RESULTING PHYSICAL PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE MODAWAY AI ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
    2. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE MODAWAY AI ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE LIABILITY.

13. Termination of use: discontinuation and modification of services

    1. We may, at our sole discretion, suspend or terminate your access to the Website, your account, and/or our Services at any time, with or without notice, for any reason or no reason at all. If your account is suspended or terminated due to a violation of these Terms (including, but not limited to, prohibited inputs, intellectual property violations, or payment abuse), you will immediately forfeit any unused editions and you will not be entitled to any refund.
    2. We also reserve the right to modify or discontinue the Website and/or Services at any time (including, without limitation, by limiting or discontinuing certain AI features, product types, or materials) without notice to you. We will have no liability whatsoever to you or any third party on account of any change to the Website or any suspension or termination of your access to or use of the Website, except that if we terminate your access without cause, we will fulfill or refund any accepted physical Product Invoices placed prior to such termination.

14. Prohibited Uses

    1. As a condition of your use of the Website and Services, you agree that you will not use the Website, AI generator, or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, disrupt, or impair any Modaway AI servers, AI generation systems, or APIs, or any networks connected to our servers, or that could interfere with any other party's use and enjoyment of the Website.
    2. You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Website. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website or AI generator (including manipulating Editions balances, API calls, or generation limits). You may not attempt to gain unauthorized access to the Website, other users' accounts, computer systems, or networks connected to Modaway AI through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials, proprietary AI nodes, or information through any means not intentionally made available through the Website.
    3. You may not use the Website in any way that violates any applicable local, national, or international law or regulation.
       Modaway AI retains the right (but not the obligation) to block, delete, or refuse to process any inputs, text prompts, uploaded images, or Generated Designs that we determine (in our sole discretion) to be illegal, harmful, or in violation of these Terms. For these purposes, illegal or harmful content includes, but is not limited to: (a) content containing, promoting, or facilitating child sexual exploitation and abuse or human trafficking; (b) content that infringes on another person's intellectual property rights or is otherwise unlawful; (c) content that discloses sensitive personal information, incites or exploits violence, or is intended to defraud the public; and (d) content that seeks to distribute malware, facilitate phishing, or otherwise constitutes technical abuse.
    4. When registering an account, you may not use compromised, hacked, or unauthorized credentials. This strictly prohibits the use of a hacked Google account, a hacked email address, or any email address that you do not lawfully own. Furthermore, you may not impersonate others by using another person’s name or email address during registration. By violating this provision, you assume full legal responsibility and liability for your actions, and your account will be immediately and permanently banned without notice.
    5. You are strictly prohibited from using registered names, third-party brand names, trademarked terms, celebrity names, third-party entities or identities that you do not legally own as your username, or custom tags. Additionally, the use of any violent, offensive, or NSFW (Not Safe for Work) language is strictly forbidden across all your account and inputs including user name, registration name, custom tag. The User assumes full legal and financial responsibility for the usernames, author names, and custom tags and all other inputs they select. If a User inputs unauthorized, infringing, or prohibited names or language, Modaway AI reserves the right to block the AI generation and suspend or terminate the account. In such events, any utilized Editions will be forfeit and will not be refunded. The user will also be held fully accountable, legally and financially, for the unauthorized actions.

15. Events Outside Our Control

    1. We shall have no liability to the User if we are prevented from or delayed in performing our obligations under this Agreement by acts, events, omissions, or accidents beyond our reasonable control, including strikes, transport/network failures, acts of God, war, riot, civil commotion, or default of suppliers or sub-contractors.

16. Modifications

    1. We reserve the right to update, change, modify, or replace any part of these Terms and Conditions at any time and at our sole discretion, without prior notice to the User.
    2. Any changes will be effective immediately upon being posted on the Website. It is the User's responsibility to review this page periodically for changes.
    3. The Terms and Conditions applicable to your access to the Website or your purchase of a product will be the version that is live and displayed on the Website at the exact time of your access or purchase. Your continued use of the Website following the posting of any changes constitutes your binding acceptance of those changes.

17. Governing Law

    1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation are governed by, and construed in accordance with, the laws of The Netherlands.
    2. The parties irrevocably agree that the courts of Amsterdam, The Netherlands, have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.

18. Violation Claims

    1. We respect the intellectual property rights of others. If you believe that a User has generated a product, link, or custom text that contains any infringements or potentially illicit content, please contact us immediately at legal@modaway.ai or use the report violation link provided on the Website.
    2. Your notice must include: a description of the violation, the specific URL/link on our Website where the contested content is located, and your contact information. Upon receipt of a valid claim, we reserve the right to immediately remove or disable access to the infringing content, disable the shared link, and suspend the offending User's account.
    3. To support this process, we provide an accessible system for reporting potentially illicit content or content violating third-party rights. Reports must be sufficiently precise and substantiated to allow for the identification of the contested content. Following the receipt of an adequately detailed report, we will, where possible, acknowledge receipt and proceed with our evaluation within a reasonable timeframe. If the report allows for the potential illegality of the content to be identified with sufficient clarity, it may be considered suitable for establishing actual knowledge under applicable law. In such cases, we may take the measures we deem appropriate, including the removal, disabling, or suspension of the content or the account, acting without undue delay. We may communicate the outcome of the report and, where applicable, provide instructions on how to contest or review the decision made. We also reserve the right to request further information from the reporting party to assess, within the limits of the law, whether a violation exists.

19. Accessibility Commitment

    1. Modaway AI is committed to making our Website and platform accessible to everyone, including individuals with disabilities. We are continuously working to improve the digital accessibility of our user experience and apply relevant accessibility standards. Find more information at this link.
    2. If you experience any difficulty accessing any part of our Website, using the AI generator, or completing a purchase due to a disability, please contact us at hello@modaway.ai. We will work with you to provide the information, item, or transaction you seek through an alternate communication method that is accessible for you consistent with applicable law.

20. Contact Information & Notices

    1. We operate as Modaway AI ("the Company", "we", "us", or "our"), an entity registered and incorporated under the laws of The Netherlands, with our registered office and main trading address at Danzigerbocht 45 Y, 1013 AM Amsterdam, The Netherlands.
    2. For general customer support, product inquiries, returns, or questions regarding our services, please contact us at hello@modaway.ai.
    3. For legal inquiries, intellectual property claims, formal notices, or questions specifically relating to these Terms and Conditions, please contact our legal department at legal@modaway.ai or by mail at our registered office address above.

Last Updated: 11 March 2026