Modernista Terms of Service

Last updated: May 8, 2026

These Terms of Service ("Terms") govern your access to and use of the Modernista mobile application, website, emails, and related services (collectively, the "Service"). The Service is provided by Modernista ("Modernista," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Modernista provides a fashion and styling experience that may include onboarding and style-profile tools, editorial look books, favorites, concierge messaging, virtual try-on, profile and photo features, notifications, subscriptions, and related account services.

We may change, suspend, or discontinue any part of the Service at any time, subject to applicable law and any rights you have under an active paid subscription.

2. Eligibility

You may not use the Service if you are prohibited from doing so under applicable law or if we previously suspended or terminated your account for violating these Terms.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate account information, keep it reasonably up to date, and notify us promptly at hello@modernista.app if you believe your account has been compromised.

We may use login codes, email authentication, Apple sign-in, Google sign-in, or other authentication methods. We may refuse, suspend, or terminate accounts where needed to protect users, the Service, or our legal rights.

4. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect information. By using the Service, you acknowledge our Privacy Policy.

5. Subscriptions, Payments, and Trials

Modernista may offer free, trial, paid, complimentary, or subscription-based access. Available plans, pricing, billing intervals, renewal terms, free-look or free-try-on limits, trial features, and cancellation options may vary by platform, promotion, region, and time.

If you purchase a subscription through Apple, Google, RevenueCat, or another app-store or payment provider, your purchase is processed by that provider and is subject to that provider's payment terms, refund rules, and subscription management tools. We do not control the provider's payment processing or refund decisions.

Unless otherwise stated during purchase, subscriptions renew automatically until canceled. You are responsible for canceling before renewal if you do not want to continue. Deleting the app or deleting your Modernista account may not cancel a subscription managed by an app store or payment provider.

We may change pricing or plan features going forward, subject to applicable law and platform rules. If required, we will provide notice or obtain consent before changes apply to you.

6. Cancellation and Refunds

You may manage or cancel subscriptions through the app, the applicable app store, or the relevant payment provider where available. Access may continue until the end of the current billing period unless otherwise stated.

Refunds are handled according to the applicable app store, payment provider, or Modernista policy. Except where required by law or platform rules, fees are non-refundable.

7. User Content

"User Content" means content you submit, upload, send, create, store, or otherwise provide through the Service, including profile information, style preferences, messages, photos, videos, attachments, feedback, saved images, and other materials.

You keep ownership of your User Content, subject to the rights you grant us in these Terms. You represent and warrant that you have all rights needed to provide User Content to the Service and that your User Content does not violate law, infringe anyone's rights, or violate these Terms.

You should not upload content that includes other people unless you have their permission, or content that includes confidential, highly sensitive, illegal, harmful, or private information that you do not want processed by the Service.

8. License You Grant Modernista

You grant Modernista a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify, adapt, display, transmit, and use your User Content as needed to operate, provide, personalize, secure, support, and improve the Service, including to provide concierge styling, virtual try-on, image generation, account features, troubleshooting, moderation, and support. We will not use your private photos, private messages, or generated try-on images in public marketing without your permission.

This license lasts for as long as needed to provide the Service and for any additional period needed for legal, security, backup, dispute-resolution, or legitimate business purposes. Our Privacy Policy describes deletion and retention practices.

9. Photos, Virtual Try-On, and Generated Output

Virtual try-on and other image features may process your uploaded photos, selected look images, validation data, prompts, generated images, and related metadata. Generated output may be inaccurate, stylized, distorted, incomplete, or unsuitable. It may not reflect actual garment fit, size, color, availability, price, quality, texture, comfort, or safety.

Virtual try-on is for inspiration and styling support only. It is not a professional tailoring, medical, fitness, body-assessment, identity-verification, or measurement service. You are responsible for purchase decisions, sizing decisions, and how you use generated images.

We may refuse to process or may remove images that violate these Terms, law, provider policies, platform rules, or our safety standards.

10. Concierge and Styling Guidance

Modernista may provide styling suggestions, look recommendations, product references, or concierge messages. This guidance is informational and editorial. It is not a guarantee that a product will fit, be available, match a photo, meet a dress code, suit a particular event, or satisfy any personal, professional, health, accessibility, or safety need.

You are responsible for evaluating recommendations, product details, third-party seller terms, sizing, returns, pricing, quality, and suitability before purchasing or wearing anything.

11. Third-Party Products, Links, and Services

The Service may reference third-party brands, products, retailers, links, platforms, identity providers, app stores, payment providers, hosting providers, or AI providers. We do not control third-party products or services and are not responsible for their content, availability, pricing, conduct, policies, terms, or practices.

References to brands, designers, products, retailers, or platforms do not imply sponsorship, endorsement, partnership, or affiliation unless expressly stated.

12. Acceptable Use

You agree not to:

• Violate law, infringe rights, or misuse the Service.
• Upload content you do not have the right to use.
• Upload sexual, exploitative, abusive, harassing, hateful, violent, self-harm, illegal, defamatory, deceptive, or otherwise harmful content.
• Upload images of other people for virtual try-on without appropriate rights and consent.
• Use the Service to identify, impersonate, stalk, harass, exploit, or harm another person.
• Reverse engineer, scrape, crawl, copy, probe, attack, overload, or disrupt the Service.
• Bypass access controls, entitlement checks, subscriptions, rate limits, or security measures.
• Use automated systems to create accounts, extract data, generate spam, or abuse features.
• Use the Service to develop, train, or improve a competing product except as permitted by law.
• Misrepresent your identity, affiliation, or authorization.

We may investigate and take action if we believe you violated these Terms, including removing content, limiting features, suspending or terminating your account, notifying law enforcement, or taking legal action.

13. Moderation and Safety

We may review, moderate, remove, restrict, or refuse User Content or accounts at our discretion where we believe doing so is necessary to operate the Service, enforce these Terms, comply with law, protect users, support platform requirements, or prevent harm.

We are not obligated to monitor all content and are not responsible for user conduct. If you believe content or conduct violates these Terms, contact hello@modernista.app.

14. Intellectual Property

The Service, including software, design, branding, logos, text, editorial content, look-book content, interfaces, graphics, and underlying technology, is owned by Modernista or its licensors and is protected by intellectual property laws.

Except for rights expressly granted in these Terms, we reserve all rights in the Service. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Service unless we give written permission or the law allows it.

15. Feedback

If you send ideas, suggestions, feedback, or proposals, you grant us the right to use them without restriction or compensation. We are not obligated to keep feedback confidential.

16. App Stores and Platform Terms

If you download the app from Apple App Store, Google Play, TestFlight, or another platform, your use of the app may also be governed by that platform's terms. The platform provider is not responsible for the Service, support, claims, or maintenance except as required by its own terms or applicable law.

For Apple users, Apple and its subsidiaries are third-party beneficiaries of these Terms for the purpose of enforcing the provisions that apply to Apple-distributed apps.

17. Service Availability

We aim to provide a reliable Service, but we do not guarantee that the Service will be uninterrupted, secure, timely, error-free, or available in every region or on every device. Features may fail, be delayed, or produce unexpected results.

We may perform maintenance, deploy updates, limit access, or suspend features as needed. Some features depend on third-party providers and network availability.

18. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or reliability.

We do not warrant that styling recommendations, virtual try-on images, look books, product references, concierge guidance, or app features will meet your expectations, be accurate, be available, or be free from defects.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

19. Limitation of Liability

To the fullest extent permitted by law, Modernista and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, service interruption, device issues, or substitute services.

To the fullest extent permitted by law, our total liability for any claim relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid to Modernista for the Service in the three months before the event giving rise to the claim; or (b) USD $100.

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

20. Dispute Resolution

If a dispute arises, contact hello@modernista.app first so we can try to resolve it informally. Nothing in these Terms limits any non-waivable rights or remedies you may have under applicable law.

21. Termination

You may stop using the Service at any time. You may request account deletion by contacting hello@modernista.app or using in-app controls where available.

We may suspend or terminate your access to the Service if we believe you violated these Terms, created risk or possible legal exposure, caused harm, failed to pay applicable fees, or if we discontinue the Service.

After termination, provisions that by their nature should survive will survive, including ownership, licenses needed for prior operation and legal compliance, disclaimers, limitations of liability, dispute terms, and payment obligations.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by updating the date above, posting notice in the app, or sending an email. Updated Terms are effective when posted unless otherwise stated.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms.

23. Contact

Questions about these Terms can be sent to Modernista at hello@modernista.app.