Cream Peacock Halter Top

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 [Registered Address], 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.

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.

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.

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 [email address] or use the data management options in the app.

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.