Virtual Try-On Terms & Privacy Policy
1. About This Service
This Service is provided by Astrid Fashions Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at F-384, SECTOR-63, NOIDA-201301, operating under the brand name “Shaye” (“we”, “us”, “our”, or the “Company”).
Our technology partner, Ai-Ai-O (“Technology Partner”), provides the AI and machine learning infrastructure that powers this Service. By using this Service, you consent to the processing of your personal data by both Astrid Fashions Private Limited (Shaye) and Ai-Ai-O, acting jointly as Data Fiduciaries and Data Processors respectively, for the purposes described in these terms.
For the purposes of the Digital Personal Data Protection Act, 2023 (“DPDPA”), Astrid Fashions Private Limited is the primary Data Fiduciary, and Ai-Ai-O acts as a Data Processor under a contractual arrangement with us. Both entities are bound by the obligations set forth in these terms and the DPDPA.
2. What This Service Does
The Virtual Try-On Service allows you to:
• Upload a front-facing selfie photograph of yourself.
• Select a Shaye garment from the available catalogue.
• Receive an AI-generated video showing a virtual representation of yourself wearing the selected garment.
• View and, where applicable, download the Try-On Video.
Important Note
The Try-On Video is entirely AI-generated. It is not a photograph or video recording of your actual person. It is a computer-generated approximation based on AI analysis of your uploaded images. The output may not accurately represent how the garment will look or fit on your actual body. Please refer to Sections 12 and 13 for detailed disclaimers and limitations.
3. Who Can Use This Service
This Service is available only to persons who are 18 years of age or older. By using this Service, you confirm that you are at least 18 years old and are legally competent to enter into agreements under Indian law.
If you are under 18, you must not use this Service. The DPDPA requires verifiable parental consent for processing personal data of anyone under 18, and this Service does not support that process. If we discover that a user is under 18, we will immediately terminate their access and delete all their data.
4. Your Photos: What You Promise Us
This Service requires you to upload one front-facing selfie photograph of yourself. When you upload this photo, you confirm and promise that:
• The photo is of you and only you. No other person is visible or represented in the image.
• You own the photo or have full rights to use it.
• The photo is not of any other person — not a friend, family member, child, celebrity, or any other individual — unless that person has given their explicit written consent, which you can produce on request.
• You have not and will not upload a photo of anyone under 18 years of age, under any circumstances.
• The photo is genuine and has not been manipulated to represent someone else (for example, a deepfake or face-swap).
• You understand that the AI will process your photo as-is, including your current physical appearance, body shape, and any visible physical characteristics. You accept that the AI output is based on this processing and may not meet your expectations.
Uploading someone else’s image without their consent is a serious matter. It may violate their right to privacy under Indian law (including the IT Act 2000, Section 66E, and the DPDPA 2023) and could expose you to civil and criminal liability. You agree to fully indemnify and hold harmless both Astrid Fashions Private Limited (Shaye) and Ai-Ai-O from any claims, damages, or legal proceedings that arise if you breach any of the above promises.
5. What Data We Collect
When you use this Service, we (Astrid Fashions Private Limited and Ai-Ai-O) collect the following personal data:
• User Images: Your front-facing selfie photograph, which may include your face and body.
• Body Data: Height, weight, bust, waist, hip measurements, and any other physical descriptors you provide.
• Contact Details: Your mobile number, email address, or WhatsApp number, if you provide them for video delivery, account creation, or communication purposes.
• Device & Technical Information: Your IP address, device type, operating system, browser, app version, and unique device identifiers — collected from the Shaye website, the Shaye app, or the Delivery App.
• Usage Information: Which garments you selected for try-on, frequency of use, session duration, and your interactions within the Service.
• Transaction Data: Purchase history and product preferences linked to the Service, if applicable.
• What Data We Collect: Your facial images and body-related data may constitute sensitive personal data under applicable laws. We process this data only with your explicit consent and strictly for the purposes outlined in this policy.
6. Why We Collect Your Data
Your personal data will be processed by Astrid Fashions Private Limited (Shaye) and Ai-Ai-O solely for the following purposes:
• To generate your Try-On Video using AI and machine learning systems operated by Ai-Ai-O.
• To make the Try-On Video available to you for viewing within the Service.
• To recommend Shaye products and styles based on your Body Data and preferences.
• To provide customer support and respond to your queries.
• To comply with applicable laws and legal obligations.
• To prevent fraud, maintain security, and enforce these terms.
The following additional purposes apply only if you provide optional consent (Checkbox 3):
• To deliver the Try-On Video to you via the Delivery App for download and offline viewing.
• To send you marketing communications about Shaye products and services via the Delivery App, WhatsApp, SMS, email, and push notifications.
• To use anonymised or aggregated data derived from your use of the Service to train, improve, and validate AI models operated by Shaye and/or Ai-Ai-O.
7. How AI Processes Your Data
You understand and acknowledge that:
• Your User Images and Body Data are transmitted to and processed by AI and machine learning systems operated by Ai-Ai-O, including generative AI models, to create the Try-On Video.
• This processing involves the AI analysing your facial features, body shape, body proportions, and skin tone from your User Images to generate a realistic body representation wearing the selected Shaye garment.
• The output is an AI-generated video, not a photograph or video recording of your actual person.
• The AI models have been trained on a finite dataset that does not encompass all possible body types, physical conditions, skin tones, or body proportions. As a result, the quality, accuracy, and realism of the output may vary significantly depending on individual physical characteristics.
• The AI does not make medical, diagnostic, or body-assessment judgements. It is not designed to evaluate, comment on, or accommodate specific health conditions, disabilities, or temporary physical states.
• We do not use facial recognition technology to identify you across systems, databases, or third-party platforms.
8. How Long We Keep Your Data
• Your User Images, Body Data, and Try-On Videos will be retained by Astrid Fashions Private Limited (Shaye) and Ai-Ai-O for as long as is reasonably necessary for the purposes described in these terms, or until you withdraw your consent or request deletion, whichever occurs first.
• We retain the right to determine the appropriate retention period based on operational, technical, and business requirements, provided always that retention shall not exceed the period for which your consent remains valid and unrevoked.
• Upon withdrawal of consent or upon your request for erasure, all personal data associated with your account will be deleted within 30 (thirty) days, except where retention is required by applicable law, regulation, or court order.
• Your data is stored on secure servers. Where data is transferred to servers outside India (including servers operated by Ai-Ai-O), such transfer will comply with Section 16 of the DPDPA and any applicable government notifications restricting cross-border data transfers.
• Both Astrid Fashions Private Limited and Ai-Ai-O employ reasonable security safeguards, including encryption of data at rest and in transit, access controls, regular security audits, and incident response procedures, in compliance with Section 8 of the DPDPA. However, no system is perfectly secure, and we cannot guarantee absolute security.
9. Who We Share Your Data With
Your personal data is shared between and processed by:
• Astrid Fashions Private Limited (Shaye) — as the primary Data Fiduciary responsible for the Service and your customer relationship.
• Ai-Ai-O — as the Technology Partner and Data Processor responsible for AI processing, video generation, and technical infrastructure.
In addition, your data may be shared with the following categories of third-party service providers, who are contractually required to process it only on our instructions and in compliance with the DPDPA:
• Cloud hosting and computing providers (for storing data and running AI models).
• Communication providers (for sending you videos and notifications via SMS, email, or WhatsApp).
• App distribution platforms (Apple App Store, Google Play Store) to the extent necessary for the Delivery App.
• Analytics providers (for monitoring and improving the Service).
We will never sell, rent, or trade your personal data to any third party for their independent marketing or advertising purposes. We may disclose your data where required by law, court order, or regulatory direction.
10. Your Rights
Under the Digital Personal Data Protection Act, 2023, you have the right to:
• Access a summary of what personal data we hold about you and how we process it.
• Correct any personal data that is inaccurate or incomplete.
• Delete your personal data (subject to any legal retention requirements).
• Withdraw your consent at any time. Withdrawal will not affect the lawfulness of processing that already took place. Once you withdraw consent, the Service will cease to be available to you and your data will be deleted as described in Section 8.
• File a grievance with our Grievance Officer (details below). If your grievance is not resolved within 30 days, you may complain to the Data Protection Board of India.
• Nominate a person to exercise your rights on your behalf in the event of your death or incapacity.
To exercise any of these rights, contact us at customercare@shaye.co or use the data management options in the app.
Grievance Officer
Name: Mr. Ratan Kumar Jha
Designation: Finance Head
Email: ratan.jha@shaye.co
Address: Astrid Fashions Private Limited, F-384, Sector 63, Noida, Uttar Pradesh – 201301, India
We will acknowledge your complaint within 48 hours and aim to resolve it within 30 days.
11. Things You Must Not Do
You agree not to:
• Upload images of any other person without their explicit written consent.
• Upload images of anyone under 18, under any circumstances.
• Use the Service to create deepfakes, morphed images, or manipulated media intended to deceive, defame, or harm any person.
• Use the Try-On Videos for any fraudulent, deceptive, or illegal purpose.
• Upload content that is obscene, defamatory, hateful, harassing, or otherwise unlawful.
• Reverse engineer, copy, or attempt to extract any AI models, algorithms, or source code belonging to Astrid Fashions Private Limited (Shaye) or Ai-Ai-O.
• Use bots, scrapers, or automated tools to access the Service.
• Use the Service or its outputs to harass, bully, body-shame, or discriminate against any individual, including yourself.
• Use the Try-On Videos to mock, ridicule, or create demeaning content based on any person’s physical appearance, body type, disability, skin tone, or any other personal characteristic.
• Upload images that contain multiple individuals, inappropriate content, or do not meet quality requirements for processing.
• Attempt to bypass, manipulate, or interfere with any safeguards, filters, or validation systems implemented within the Service.
Violation of any of the above may result in immediate termination of your access and may be reported to law enforcement.
12. Body Diversity, AI Limitations & Inclusivity
This section is important. Please read it carefully before using the Service.
12.1 Limited Training Data
Our AI models have been trained on a finite and limited dataset of body types, body shapes, skin tones, and physical proportions. While we strive to improve the diversity and representativeness of our training data, the current models do not comprehensively represent all possible human bodies. As a result:
• The AI output may be less accurate, less realistic, or less flattering for body types, shapes, or proportions that are underrepresented in the training data.
• We do not guarantee that the output will accurately or realistically represent any specific body type, physical condition, or skin tone.
• The quality of the output may vary across different users depending on their individual physical characteristics.
12.2 Physical Conditions & Temporary States
The AI is not designed to detect, accommodate, or account for specific physical conditions, medical states, or temporary bodily changes, including but not limited to:
• Pregnancy or post-partum body changes.
• Physical disabilities, limb differences, amputations, or use of prosthetics.
• Use of mobility aids such as wheelchairs, crutches, or walkers.
• Post-surgical changes (e.g., mastectomy, ostomy, scarring).
• Conditions affecting body shape or proportions (e.g., dwarfism, scoliosis, lymphoedema).
• Skin conditions (e.g., vitiligo, burns, visible scarring).
• Any other temporary or permanent physical characteristic not well-represented in the training data.
If you have any of the above conditions or characteristics, the AI-generated output may be inaccurate, unrealistic, distorted, or potentially insensitive. You use the Service at your own discretion and risk in these circumstances. We strongly recommend that you assess whether this Service is appropriate for you before uploading your photo.
Neither Astrid Fashions Private Limited (Shaye) nor Ai-Ai-O shall be liable for any distress, offence, dissatisfaction, or harm — emotional or otherwise — arising from AI-generated outputs that inaccurately, unrealistically, or insensitively depict your body.
12.3 Skin Tone & Complexion
The AI analyses skin tone as part of generating the Try-On Video. However, the accuracy of skin tone rendering may vary depending on factors including lighting conditions in your uploaded photo, the range of skin tones represented in the training data, and technical limitations of the AI model. Output may not accurately reproduce your actual skin tone or complexion, and we do not guarantee accurate skin tone representation.
12.4 Body Image Sensitivity
This Service generates AI representations of your body wearing garments. The AI output may differ from your actual appearance in ways that could be unexpected, unflattering, or distressing.
If you are sensitive to body image depictions, have body dysmorphia, an eating disorder, or any condition that makes you vulnerable to distress from altered or AI-generated images of your body, please carefully consider whether this Service is appropriate for you before proceeding.
Neither Astrid Fashions Private Limited (Shaye) nor Ai-Ai-O is responsible for any emotional distress, psychological harm, or negative self-perception caused by AI-generated outputs. This Service is not a body assessment, medical, or diagnostic tool and should not be treated as one.
12.5 Commitment to Inclusivity
We are committed to improving the diversity and inclusivity of our AI models over time. We recognise that AI systems can reflect and amplify biases present in training data, and we take this seriously.
If you experience any of the following, we encourage you to report it to us:
• Output that you believe is biased, discriminatory, or offensive based on body type, skin tone, disability, or any other physical characteristic.
• Output that is significantly distorted, dehumanising, or degrading.
• Any other concern about how the AI has represented you or your body.
You can report such concerns to our Grievance Officer (see Section 10) or email us at customercare@shaye.co with the subject line “AI Output Concern — Virtual Try-On”. We will review all reports and use them to improve the fairness, accuracy, and inclusivity of our AI systems.
13. General Disclaimers & Limitation of Liability
• The Try-On Video is an AI approximation only. It does not guarantee how the garment will actually look or fit on you. The real product may differ in colour, texture, drape, and fit.
• The Service is provided “as is” and “as available” without any warranties, express or implied, including warranties of accuracy, fitness for a particular purpose, or non-infringement.
• Neither Astrid Fashions Private Limited (Shaye) nor Ai-Ai-O makes any representation or warranty that the AI output will be accurate, realistic, flattering, or suitable for any user, regardless of their body type, physical condition, skin tone, or other personal characteristics.
• Neither Astrid Fashions Private Limited (Shaye) nor Ai-Ai-O shall be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to emotional distress, psychological harm, reputational damage, or loss of dignity.
• The total aggregate liability of Astrid Fashions Private Limited and Ai-Ai-O to you shall not exceed the amount you paid (if any) for the Service in the 12 months before the event giving rise to the claim.
• AI-generated content may occasionally produce inaccurate, unrealistic, distorted, or potentially insensitive results. Neither Astrid Fashions Private Limited nor Ai-Ai-O is responsible for any dissatisfaction, offence, or harm caused by such results.
• The Service is not a medical, diagnostic, or body-assessment tool and must not be used or relied upon as one.
14. Governing Law & Dispute Resolution
These terms shall be governed by and interpreted in accordance with the laws of India, including the DPDPA 2023, the IT Act 2000, the Indian Contract Act 1872, and the Consumer Protection Act 2019.
• Any disputes will be subject to the exclusive jurisdiction of the courts in New Delhi, India.
• We may update these terms from time to time. If we make material changes, we will notify you via the app or email. Continued use after notification means you accept the updated terms. Where changes affect data processing, we will ask for your consent again.
• If any provision of these terms is found unenforceable, the remaining provisions will continue in full force.
DATA RECORDED ON ACCEPTANCE
When you tap “I Accept & Continue”, we record: your User ID, timestamp (UTC and IST), IP address, device identifier, app version, terms version (1.0), and the state of all three checkboxes (mandatory 1–2 and optional 3). This serves as proof of your consent under the DPDPA 2023.
HOW TO WITHDRAW CONSENT
You can withdraw your consent at any time by:
• Going to Settings > Privacy & Withdraw Consent in the Shaye app or Delivery App.
• Emailing customercare@shaye.co with the subject line “Withdraw Consent — Virtual Try-On”.
• Contacting our Grievance Officer (details in Section 10).
You can withdraw your Service consent and your optional consent (marketing, AI training, video download) independently:
• Withdrawing Service consent (Checkboxes 1 & 2): The Service is deactivated and all your data is deleted within 30 days.
• Withdrawing optional consent (Checkbox 3 only): You will stop receiving marketing communications within 48 hours. Your existing downloaded videos remain on your device but no new videos can be downloaded. The core Service remains available.
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