Terms of use

1. These terms

These terms are between you and Yo-Da Lai, ABN 84 992 526 369 ("we", "us"), the maker of Hemva. They cover the Hemva iPhone app, its optional AI features and this website. You get the app from Apple's App Store, so Apple's Licensed Application End User License Agreement also applies. If the two conflict, these terms apply to the extent the law allows. Using Hemva means you accept these terms.

2. Using Hemva

We give you a personal, non-transferable licence to use Hemva on Apple devices you own or control, as allowed by the App Store rules. You don't need an account. Your wardrobe is stored on your iPhone, so you're responsible for keeping backups. Hemva lets you export a wardrobe backup from Profile.

We work to keep Hemva useful and available, but features can change, and the optional AI can be unavailable at times, for example during maintenance, when a provider is down or when a daily service-wide limit is reached.

3. Hemva Plus subscription

• What you get: a larger AI allowance than the free one, for features such as clean AI pictures, automatic organising of new photos and help with difficult cutouts. The app describes what's included before you buy.
• Price: shown in the app and the App Store before you buy, in Australian dollars, including GST where it applies.
• Payment and renewal: Apple charges your Apple Account when you confirm the purchase. The subscription renews automatically at the same length and price unless you turn off auto-renew at least 24 hours before the end of the current period. Apple charges the renewal within the 24 hours before the period ends.
• Managing and cancelling: in iPhone Settings, your name, Subscriptions, or with Manage Subscription in the Hemva Plus screen. Cancelling stops the next renewal; Plus continues until the end of the period you've paid for.
• Refunds: Apple handles payments and refunds. Request one at reportaproblem.apple.com. If Apple refunds a purchase, the Plus allowance linked to it ends.
• Restoring: use Restore Purchases in the Hemva Plus screen on a new iPhone or after reinstalling.
• When Plus ends: every piece, photo, outfit and AI result you already have stays on your iPhone and keeps working. Only new AI work beyond the free allowance stops.

Price changes follow Apple's rules, including telling you in advance and, where Apple requires it, asking for your agreement.

4. AI allowances

• Each AI request uses part of an allowance, based on how much AI work it takes. A clean AI picture uses more than a label suggestion. The app shows an estimate of what's left, such as "About 16 studio pictures left". It's an estimate, not an exact count.
• Free: a small, one-time allowance per iPhone, so you can try AI. It doesn't renew.
• Plus: a new allowance for each subscription month. On a yearly plan, the allowance is given in monthly portions across the year. Unused allowance doesn't carry over.
• When an allowance is used up, AI requests pause until the next period, or until you subscribe. Nothing on your iPhone is removed.
• Some tasks are too large for the free allowance and need Plus.
• The allowance is for your own use on your iPhone. It isn't credit, has no cash value and can't be transferred or refunded on its own.
• We may change what the allowance covers for future periods. If a change reduces what Plus includes, we'll tell you in the app before your next renewal, and you can cancel.

5. AI results can be wrong

Hemva's cutouts and its optional AI are helpful tools, not facts. In particular:

• Cutouts can miss part of a piece or include part of the background. Hemva keeps your original photo, and you can fix or replace a cutout.
• AI pictures are generated from your photo. They can change colour, pattern, logos, shape or other details, and can fill in parts that weren't visible. They're labelled as AI pictures and are not a true record of the garment.
• Suggested names, types, colours and outfit choices are suggestions. Check and edit them.
• Shop check compares a candidate with what's in your Hemva wardrobe. It can miss similar pieces or match ones that aren't similar. Decide what to buy yourself.
• Weather and calendar hints depend on Apple's weather data and the events in your calendar.

Don't rely on Hemva for anything where a mistake could cause loss, such as selling, insuring or describing a garment to someone else.

6. Acceptable use

You agree to:

• add only photos you took or have the right to use, and avoid sending photos of other people to the AI features without their permission
• not use Hemva for anything unlawful, or to create content that is sexual, exploitative, harassing or that infringes someone's rights
• not try to get around the AI allowance, for example by creating extra device registrations, copying tokens or automating requests
• not interfere with, overload, probe or reverse engineer Hemva's server or the waitlist, except as the law allows
• not resell or share access to Hemva's AI

We may revoke a device's AI access if it breaks these rules or puts the service at risk. Your wardrobe on your iPhone keeps working.

7. Your photos and content

Your photos, wardrobe and AI results are yours. You give us only the permission needed to process what you choose to send to the AI features, as described in the privacy policy. We don't use your photos to train AI models, and we don't use them for advertising.

The Hemva name, logo, app and website belong to us or our licensors.

8. Australian Consumer Law

Hemva comes with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes those rights, or any other right you have by law that can't be excluded.

9. Our liability

Apart from your rights in section 8, and to the extent the law allows:

• Hemva is provided "as is". We don't promise it will be error-free, always available or right about every garment or outfit.
• We're not responsible for loss caused by relying on cutouts, AI pictures, labels or suggestions, for wardrobe data lost from your iPhone when there was no backup, or for indirect losses such as lost profits.
• Where our liability for failing to meet a consumer guarantee can be limited, it is limited to supplying the service again or paying the cost of having it supplied again.
• Otherwise, our total liability to you is limited to the amount you paid for Hemva Plus in the 12 months before the claim.

10. Apple

These terms are between you and us, not Apple. Apple isn't responsible for Hemva or its content, and has no obligation to provide maintenance or support for it. If Hemva fails to meet a warranty that applies, you can tell Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation. Apple isn't responsible for claims about Hemva, including product liability, legal or regulatory claims, or claims that Hemva infringes someone else's rights. Apple and its subsidiaries can enforce these terms as a third-party beneficiary.

11. Ending

You can stop using Hemva at any time by deleting the app, and cancel Plus as described in section 3. If we stop offering Hemva's AI, we'll give reasonable notice in the app, and where you've paid for a period you can't use, you can ask Apple for a refund.

12. Changes

We may update these terms. We'll change the date at the top, and tell you in the app if a change matters for you. If you keep using Hemva after a change takes effect, the new terms apply. If you don't agree, stop using Hemva and cancel any subscription.

13. Law and contact

These terms are governed by the law of Queensland, Australia. Questions or complaints: yda31416@gmail.com, South-East Queensland, Australia.