1. Preamble

1.1. The New Black (hereinafter referred to as the Operator) operates the website thenewblack.ai, a web application for generating AI clothing design images and other fashion resources. These Terms of Use apply to all users of the www.thenewblack.ai platform (hereinafter: the User).



2. Rights of use

2.1. The Operator has the right to restrict the use of the Platform without giving reasons or to block Users.

2.2. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.

2.3. All designs, images, videos, texts or resources created on The New Black are the property of the creator (the User). The User has full license to use his creations as he wishes within the limits of the law to which he is subject.



3. Rights and obligations of the User

3.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software or integrate malware into the software.

3.2. For photos uploaded to The New Black for editing, the User guarantees that he has all the necessary rights (such as copyright, accessory copyright, industrial property rights, trademark rights) to modify and use his uploaded photos.



4. Warranty and liability

4.1. Any warranty for the results of the software and its availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is 1 month.

4.2. The Operator is not liable for the speed of the Software, its Availability, data loss or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.

4.3. The liability of the Operator is in any case limited to $USD 100.



5. Privacy policy, confidentiality and data protection

5.1. When you use The New Black, we could collect the personal information you give us such as your name, address and email address. We also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

5.2. When you provide us with personal information to complete a transaction or verify your credit card, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

5.3. If after logging in you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at admin@thenewblack.ai.

5.4 All your information, images, videos and resources are hosted on AWS, Amazon Web Services, Inc. 410 Terry Avenue North, Seattle, WA 98109-5210, U.S.A.

5.5. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

5.6. By using The New Black, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use The New Black.

5.7. We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on The New Black. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our software is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to provide you our service.

5.8. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at admin@thenewblack.ai.



6. Concluding provisions

6.1. Legal disputes arising from this Contract are governed exclusively by French law. Application of the UN Convention for the International Sale of Goods, the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

6.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Paris, France.

6.3. Changes and/or additions to this Contract must be made in writing to be valid; written form is also required for departure from this formal requirement.

6.4. Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable and/or invalid provision to replace the void, unenforceable and/or invalid provision.

6.5. If these Terms of Service are presented by the Operator in a language other than english, the translation was prepared by an independent specialist translator certified to ISO 17100:2015 and proofread by at least one other specialist translator. If, in the case of dispute, a court insists on a English-language contract text, then only the original English-language contract text shall be valid; under no circumstances shall a retranslation of the translated version be used.



7. Subscriptions

7.1 Users may cancel their subscription at any time. This cancellation will be effective at the end of the current period. For example, for a monthly payment, the subscription will be canceled at the end of the current month. No refunds will be made for past or current periods.