Terms & Conditions

These Terms & Conditions (the "Terms") form a legally binding agreement between you ("you" or "User") and Hogarsy ("Hogarsy", "we", "us" or "our") governing your access to and use of the Hogarsy websites, mobile applications, and related services (collectively, the "Service").

By creating an account, purchasing credits, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By using the Service you represent and warrant that you meet these requirements and that all information you provide is accurate. The Service is not directed to, and may not be used by, anyone under 18.

2. The Service

Hogarsy is an AI-powered home and interior visualization tool. You can upload a photo of a space or provide a text description, and the Service uses third-party artificial intelligence models to generate edited or imagined images ("Outputs"), such as wall-color changes, decoration changes, full redesigns, and empty-space or text-to-design concepts. The Service may also analyze an Output to identify items in the design and surface links to similar products offered by third-party retailers ("Shop This Look").

The Service is provided for personal visualization and inspiration only. We may add, change, suspend, or discontinue any feature of the Service at any time without liability.

3. Accounts

To use most features you must register for an account using a valid email address or a supported third-party sign-in (e.g., Google). You agree to: (a) provide accurate and complete information; (b) keep your credentials confidential; and (c) be solely responsible for all activity under your account. You must notify us immediately of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion, including for use of disposable or fraudulent email addresses or for abuse of promotional credits.

4. Credits, Pricing & Payments

• Credits. The Service operates on a credit system. Each AI generation and certain features (such as unlocking a "Shop This Look" item) consume credits. New accounts may receive a limited number of complimentary credits, which we may change or withdraw at any time.
• Purchases. Credits may be purchased through our third-party payment processor (PayPal). All prices are stated and charged in U.S. Dollars (USD) unless otherwise indicated, and exclude any taxes, which are your responsibility.
• Credits are a limited license, not money. Credits have no cash value, are not a stored-value or payment instrument, are non-transferable, and cannot be redeemed for cash. They are a limited, revocable license to access the Service.
• All sales are final / no refunds. Because credits unlock digital services that are made available to you immediately, all purchases are final and non-refundable to the maximum extent permitted by law, including any unused credits, except where a refund is strictly required by applicable law.
• Pricing changes. We may change prices, credit costs, and package contents at any time. Changes do not affect credits already purchased.
• Chargebacks. Initiating a chargeback or payment dispute without first contacting us may result in immediate suspension or termination of your account and forfeiture of remaining credits.

5. AI-Generated Content & Disclaimers

Outputs are generated by automated artificial intelligence models and are provided "as is" for illustration and inspiration only. You acknowledge and agree that:

• Outputs may be inaccurate, unrealistic, distorted, or fail to reflect real-world feasibility, dimensions, materials, costs, or building/safety codes. They are not professional design, architectural, engineering, or contracting advice.
• AI systems can produce unexpected, repetitive, or unintended results. We do not guarantee that any particular Output will be produced, nor that Outputs will be unique to you.
• "Shop This Look" suggestions, product names, availability, and prices come from third parties and may be inaccurate, outdated, or unavailable. We are not the seller of any product and are not responsible for any third-party purchase.
• You are solely responsible for any decision or expenditure you make based on an Output.

6. Your Content & License to Us

"User Content" means the photos, images, text prompts, and other material you upload or submit. You retain ownership of your User Content. You represent and warrant that you own or have all rights necessary to submit your User Content and that it does not infringe any third party's rights or any law.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, process, and transmit your User Content solely to operate, provide, secure, and improve the Service — including transmitting your content to our third-party AI and infrastructure providers (such as Replicate and Supabase) for processing. You may delete your User Content, after which we will stop using it except as required to comply with law or as retained in routine backups.

7. Ownership and Use of Outputs

Subject to your compliance with these Terms and the terms of the underlying AI providers, we assign to you whatever rights we hold in the Outputs you generate, and you may use them for your lawful personal and commercial purposes. However, you acknowledge that (a) AI-generated material may not be eligible for copyright protection in some jurisdictions; (b) similar or identical Outputs may be generated for other users; and (c) we make no representation that an Output does not infringe third-party rights. You are responsible for how you use Outputs.

8. Acceptable Use

You agree not to use the Service to, or to attempt to, and not to permit anyone to:

• upload or generate content that is illegal, infringing, defamatory, harassing, hateful, or that depicts minors inappropriately or in a sexualized manner;
• upload photographs of identifiable people without their consent, or content you do not have the right to use;
• create sexually explicit, obscene, violent, or otherwise harmful content;
• impersonate any person or entity or misrepresent your affiliation;
• violate any applicable law or third-party right, including intellectual property and privacy rights;
• reverse engineer, decompile, scrape, data-mine, or attempt to extract the underlying models or source code;
• circumvent usage limits, credit costs, rate limits, or security measures, or abuse promotional credits;
• interfere with, overload, or disrupt the Service or use it to build a competing product.

We may remove content, and suspend or terminate access, for any violation, with or without notice.

9. Intellectual Property

The Service, including its software, design, text, graphics, logos, and the "Hogarsy" name and marks, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you, no rights are transferred. You may not use our marks without our prior written permission.

10. Third-Party Services

The Service relies on and integrates with third-party services (including, without limitation, Supabase, Replicate, PayPal, Google, and others described in our Privacy Policy). Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services, websites, or products, and your dealings with them are solely between you and the third party.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, AVAILABLE, OR FREE OF VIRUSES, OR THAT ANY OUTPUT WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Hogarsy OR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless Hogarsy and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service or any Output; (c) your violation of these Terms or any law; or (d) your violation of any third-party right.

14. Suspension & Termination

We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms. Upon termination, your right to use the Service ends immediately and any remaining credits are forfeited without refund. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law rules. Before filing any claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

To the fullest extent permitted by law, any dispute that is not resolved informally will be resolved by binding individual arbitration rather than in court, and you and we waive any right to a jury trial and to participate in a class action or class-wide arbitration. If this arbitration provision is unenforceable in your jurisdiction, the courts located in the State of Delaware, United States will have exclusive jurisdiction, and you consent to that venue. Nothing prevents either party from seeking injunctive relief for intellectual-property or unauthorized-access claims.

17. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure).

18. Contact

Questions about these Terms? Contact us at [email protected].