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Terms of Service

Effective Date: April 5, 2026
Last Updated: April 5, 2026

These Terms of Service ("Terms") form a binding legal agreement between you and Gleame Inc. ("Gleame," "we," "us," or "our") and govern your access to and use of the Gleame Shopify application, the widget-embed.js storefront widget, the Gleame website, APIs, and any related services (collectively, the "Service").

BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SERVICE.

These Terms apply to:

  • Merchants — Shopify store owners and authorized staff who install and use the Gleame app.
  • End Users / Shoppers — visitors who interact with the Gleame widget on a merchant's storefront.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

1. The Service

Gleame provides AI-powered virtual beauty try-on technology. Merchants configure products and AI prompts in the Gleame Shopify app; shoppers upload a photo through a merchant-hosted widget; the Service returns an AI-generated preview of how the selected product may appear. The Service is provided "as a service" and may be updated from time to time.

2. Eligibility and Accounts

2.1 Merchants

To use the Service as a merchant, you must:

  • Operate a valid Shopify store in good standing.
  • Be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a contract.
  • Comply with Shopify's Terms of Service, Acceptable Use Policy, and Partner Program Agreement, as applicable.
  • Provide accurate, current, and complete information during installation and keep it updated.

You are responsible for all activity under your account and for safeguarding your Shopify credentials.

2.2 Shoppers

Shoppers must be at least 13 years old (16 in the EEA/UK, or the age set by local law). Shoppers access the Service through a merchant's storefront and are subject to any additional terms that merchant imposes.

3. Subscriptions, Billing, and Trials

3.1 Plans and Tiers

The Service is offered on a subscription basis. Plans may include Free, Starter, Launch, and Growth tiers, with usage limits and features set out in the app or on our website. Pricing tiers may be automatically matched to the merchant's monthly Shopify sessions.

3.2 Billing

Subscription billing is processed through Hey Mantle in conjunction with the Shopify Billing API. By subscribing, you authorize Shopify and Mantle to charge the payment method associated with your Shopify account for recurring fees, usage overages, and applicable taxes.

3.3 Trials

We may offer free trials. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan at the end of the trial period at the then-current rate.

3.4 Changes to Fees

We may change our fees upon at least 30 days' notice. Changes will not apply retroactively. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

3.5 Refunds

Except where required by law, fees are non-refundable and payments are not pro-rated for partial billing periods.

3.6 Taxes

Fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, GST, or similar taxes, except for taxes based on our net income.

4. Merchant Responsibilities

You, as a merchant, are solely responsible for:

  • Legal compliance — ensuring that your use of the Service and your storefront complies with all laws applicable to your business, including consumer protection, advertising, product safety, cosmetics and beauty regulation, biometric privacy, and accessibility laws.
  • Privacy notices and consent — displaying an appropriate privacy notice to shoppers and, where required, obtaining valid consent (including explicit consent for biometric/facial data) before shoppers upload images via the widget.
  • Accuracy of product data — ensuring that product information, shade matches, and AI prompt configurations are accurate and not misleading.
  • Merchant content — all product images, reference images, descriptions, and other content you upload to the Service ("Merchant Content").
  • Your customer relationships — you remain the data controller for your customers' personal data and the seller of record for all transactions.

You agree to indemnify Gleame against claims arising out of your failure to meet these responsibilities, as described in Section 12.

5. Shopper Content and Consent

Shoppers upload images voluntarily through the widget. By uploading, a shopper represents that:

  • They are the person depicted in the image (or have the legal right to upload the image);
  • They consent to AI processing for the purpose of generating a virtual try-on preview; and
  • The image does not contain unlawful, obscene, defamatory, or infringing content.

Gleame disclaims any responsibility for the content of shopper uploads. Shoppers retain ownership of their original images. By uploading, shoppers grant Gleame and the merchant a limited, non-exclusive, worldwide, royalty-free license to process, transmit, and transform the image solely to deliver the requested virtual try-on preview, subject to our Privacy Policy.

6. Acceptable Use

You agree not to, and not to permit others to:

  1. Use the Service in violation of any law or third-party right.
  2. Upload or generate content that is unlawful, harassing, defamatory, obscene, sexually explicit, hateful, violent, or that depicts minors in an inappropriate context.
  3. Use the Service to identify, surveil, or track individuals, or to build a database of biometric identifiers.
  4. Attempt to reverse engineer, decompile, or derive source code from the Service, except as permitted by applicable law.
  5. Circumvent rate limits, authentication, billing gates, or any other technical protection.
  6. Use automated means (bots, scrapers) to access the Service except via documented APIs and within their limits.
  7. Resell, sublicense, or provide the Service to a third party without written authorization.
  8. Upload malicious code, introduce vulnerabilities, or interfere with the integrity of the Service.
  9. Use the Service to infringe intellectual property rights, including by uploading reference images for which you lack rights.
  10. Use outputs of the Service in a manner that is deceptive, fraudulent, or intended to mislead consumers about the actual appearance or performance of a product.

We may suspend or terminate access for violations, with or without notice.

7. AI Outputs — Disclaimer and Accuracy

The Service uses third-party AI models (including Google Gemini and OpenAI image models). AI-generated previews are illustrative approximations, not exact representations of how a product will appear in real life.

  • Colors, textures, and lighting may vary from real-world results.
  • Outputs may contain visual artifacts, inaccuracies, or unexpected features.
  • Outputs should not be relied upon for medical, dermatological, allergy, or skin-health decisions.
  • Outputs do not constitute professional advice of any kind.

Merchants should display a clear disclaimer alongside the widget indicating that previews are AI-generated approximations. Gleame makes no warranty that outputs will be accurate, complete, or suitable for any particular purpose.

8. Intellectual Property

8.1 Our IP

The Service, including all software, designs, text, graphics, logos, trademarks, and documentation, is the property of Gleame or its licensors and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Merchant Content

You retain all rights in Merchant Content. You grant Gleame a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use Merchant Content solely to provide and improve the Service (excluding training of public AI models on shopper facial images).

8.3 Feedback

If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

8.4 Third-Party IP

You represent and warrant that Merchant Content and any reference images you upload do not infringe the intellectual property, publicity, or privacy rights of any third party.

9. Third-Party Services

The Service integrates with third-party services, including Shopify, Google (Gemini), OpenAI, Supabase, and Hey Mantle. Your use of those services is governed by their respective terms and privacy policies. Gleame is not responsible for the availability, content, or practices of third-party services, and outages or changes in third-party services may affect the Service.

10. Data Processing Agreement

The collection, use, and protection of personal data in connection with the Service is described in our Privacy Policy, which is incorporated by reference.

Where Gleame processes personal data on behalf of a merchant (for example, when operating the widget), Gleame acts as a data processor and the merchant is the data controller. By installing and using the Service, you enter into the following Data Processing Agreement with Gleame:

10.1 Scope and Roles

The merchant ("Controller") appoints Gleame ("Processor") to process personal data on the Controller's behalf solely to provide the Service. "Personal data," "processing," "data subject," and related terms have the meanings given in the GDPR, UK GDPR, or equivalent applicable law.

10.2 Processing Instructions

Gleame will process personal data only in accordance with the Controller's documented instructions, which are deemed to be the functionality described in these Terms and the Privacy Policy. Gleame will inform the Controller if, in its opinion, an instruction infringes applicable data protection law.

10.3 Confidentiality

Gleame ensures that personnel authorized to process personal data are bound by confidentiality obligations.

10.4 Security Measures

Gleame implements appropriate technical and organizational measures as described in Section 9 of the Privacy Policy, including encryption in transit (TLS 1.2+), encryption at rest, access controls, and regular security reviews.

10.5 Sub-processors

The Controller authorizes Gleame to engage the sub-processors listed in Section 4 of the Privacy Policy. Gleame will notify the Controller of changes to sub-processors via updates to the Privacy Policy. If the Controller objects to a new sub-processor within 14 days, the Controller may terminate the Service.

10.6 Data Subject Rights

Gleame will assist the Controller in responding to data subject requests (access, rectification, erasure, portability, objection) by providing relevant information and technical measures, taking into account the nature of the processing.

10.7 Data Breach Notification

Gleame will notify the Controller without undue delay (and in any event within 72 hours) after becoming aware of a personal data breach affecting Controller data, and will provide information necessary for the Controller to meet its breach notification obligations.

10.8 Audit Rights

Upon reasonable written request (no more than once per year), Gleame will make available information necessary to demonstrate compliance with this Section 10, including summaries of third-party security audits or certifications where available.

10.9 International Transfers

Where personal data is transferred outside the EEA, UK, or Switzerland, Gleame relies on the safeguards described in Section 6 of the Privacy Policy (Standard Contractual Clauses or equivalent mechanisms).

10.10 Deletion and Return

Upon termination of the Service or upon Controller's request, Gleame will delete or return all personal data processed on behalf of the Controller, except where retention is required by law. Deletion timelines are described in Section 7 of the Privacy Policy.

This Data Processing Agreement is effective upon your installation of the Service and remains in effect for the duration of data processing activities.

11. Warranty Disclaimer

THE SERVICE IS 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, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. We do not warrant the accuracy of AI outputs, analytics, or conversion attribution. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLEAME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GLEAME FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow limitations on certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence).

13. Indemnification

You agree to defend, indemnify, and hold harmless Gleame and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • Your breach of these Terms or applicable law;
  • Your Merchant Content or your use of the Service;
  • Your failure to obtain required consents from shoppers;
  • Infringement or misappropriation of any third-party right by Merchant Content or your use of the Service; and
  • Your products, including any claim that a product did not match an AI preview.

We will promptly notify you of any claim and reasonably cooperate in the defense. You may not settle any claim without our prior written consent if the settlement imposes any obligation on us.

14. Term and Termination

14.1 Term

These Terms begin when you install the Service and continue until terminated.

14.2 Termination by You

You may terminate these Terms at any time by uninstalling the Gleame app from your Shopify store and canceling any active subscription.

14.3 Termination by Us

We may suspend or terminate your access immediately if:

  • You breach these Terms;
  • Your account poses a security or legal risk;
  • Required by law, Shopify policy, or a sub-processor's terms;
  • You fail to pay fees when due;
  • The Service is discontinued.

14.4 Effect of Termination

On termination, your right to use the Service ends. We will delete or anonymize merchant personal data in accordance with our Privacy Policy and the Shopify-mandated GDPR webhooks. Sections that by their nature should survive (including Sections 5, 8, 11, 12, 13, 15, and 16) will survive termination.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts located in Los Angeles, California, United States, and you consent to their personal jurisdiction and venue.

16. General

  • Entire Agreement — These Terms, together with the Privacy Policy and any DPA, constitute the entire agreement between you and Gleame regarding the Service.
  • Changes — We may update these Terms from time to time. Material changes will be announced through the app or by email at least 15 days in advance where practicable. Continued use after the effective date constitutes acceptance.
  • Severability — If any provision is held unenforceable, the remaining provisions will remain in effect.
  • No Waiver — Failure to enforce any right is not a waiver of that right.
  • Assignment — You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force Majeure — Neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Relationship — The parties are independent contractors. These Terms do not create any partnership, agency, joint venture, or employment relationship.
  • Notices — Notices to you may be delivered via the app, email, or your Shopify contact address. Notices to us must be sent to the address below.
  • Third-Party Beneficiaries — Shopify is an intended third-party beneficiary of these Terms to the extent required by the Shopify Partner Program Agreement. There are no other third-party beneficiaries.
  • Export Controls — You represent that you are not located in, and will not use the Service in, any country subject to a comprehensive U.S. embargo, and that you are not on any U.S. government restricted party list.

17. Contact

Gleame Inc.
2722 S. Figueroa St.
Los Angeles, CA 90007
USA
Email: aaron@gleame.ai