1. Services

VYBE provides access to its virtual try-on platform, including platform access, implementation support, ongoing updates, and analytics, as specified in the Order Form.

2. Term and Termination

• The initial term is as specified in your Order Form, starting from the Effective Date.

• Unless otherwise stated, agreements renew automatically for successive one (1) year periods unless either party gives written notice of non-renewal at least thirty (30) days before the current term ends.

3. Pricing and Payment

• Fees are set forth in the applicable Order Form.

• Invoices are issued monthly and are due Net 30 days from the invoice date.

4. Customer Obligations

Customer agrees to:

• Provide all necessary assets (e.g., product images, catalog data) required for the setup and operation of the Services.

• Ensure compliance with all applicable laws, including consumer protection and data privacy laws.

5. Intellectual Property

All intellectual property rights in the Services, including software, trademarks, and other proprietary materials, are and will remain the exclusive property of VYBE and its licensors.

6. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party in connection with the Services.

7. Data Usage

VYBE may collect and analyze data relating to the provision and use of the Services to improve its offerings, provided that such use does not disclose Customer’s confidential information.

8. Limitation of Liability

• VYBE shall not be liable for any indirect, incidental, special, or consequential damages.

• VYBE’s total cumulative liability shall not exceed the total fees paid by Customer in the twelve (12) months preceding the event giving rise to liability.

9. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

10. Changes to Terms

VYBE may update these Terms from time to time. If updates materially affect your rights or obligations, VYBE will notify you and the updated Terms will be effective upon your acceptance or continued use of the Services.

11. Miscellaneous

• Entire Agreement: The Order Form and these Terms constitute the entire agreement between the parties.

• Assignment: Customer may not assign these Terms without VYBE’s prior written consent.

• Force Majeure: Neither party shall be liable for delays or failure to perform due to causes beyond its reasonable control.

For any questions regarding these Terms, please contact us at admin@optimatik.ai.