1. Acceptance of Terms

By accessing or using Herv AI ("the Service," "we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you may not access or use the Service. These Terms apply to all visitors, registered users, and others who access or use the Service.

2. Description of Service

Herv AI is an AI-powered interior design platform that analyzes room photographs, generates actionable design layouts and personalized product recommendations, produces room visualizations, and connects users with professional interior designers. Our service is available via web browser, mobile app, and text message (SMS). Our service is built to provide a realistic preview of your space to streamline the purchasing and decorating process. While our recommendations and visualizations are crafted to be actionable and tailored to your space, they are generated by artificial intelligence and do not constitute professional design advice. Herv AI does not guarantee the accuracy, current availability, fitness for purpose, or suitability of any recommended product or design element. Product prices, stock availability, dimensions, and specifications are subject to change by third-party retailers without notice. You are solely responsible for verifying all product details and suitability before making any purchase or design decision. The Service is provided "as is" for personal and non-commercial use unless a separate commercial agreement is in place.

3. Eligibility

You must be at least 16 years of age to use the Service. By agreeing to these Terms, you represent that you meet this requirement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must provide accurate, current, and complete information during registration.
• You agree to notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Content

By uploading photographs or other content ("User Content") to the Service, you grant Herv AI a worldwide, non-exclusive, royalty-free license to use, store, process, display, and analyze such content solely for the purpose of providing and improving the Service. You retain all ownership rights in your User Content. You represent that you own or have the necessary rights to upload User Content and that it does not violate any third-party rights or applicable law.

6. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations.
• Upload content that is defamatory, obscene, harassing, or infringes intellectual property rights.
• Attempt to reverse-engineer, scrape, or interfere with the Service.
• Use automated bots or scripts to access the Service without prior written consent.
• Resell or commercially exploit any part of the Service without authorization.

7. Subscription Plans & Payments

Herv AI offers free and premium subscription tiers. Premium subscriptions are billed on a recurring monthly basis. All payments are processed securely through Stripe. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Refunds are not provided for partial billing periods except where required by applicable law.

8. AI-Generated Content Disclaimer

All design recommendations, product suggestions, room visualizations, and style analyses generated by Herv AI are produced by machine-learning models and are provided for informational and inspirational purposes only. They do not constitute professional architectural, interior design, structural, or purchasing advice.

Design renders and product data represent a "best-fit" analysis of your space. Because AI interpretation can vary based on photo quality and perspective, these visualizations may not be 100% accurate. We recommend verifying all measurements and product availability with a professional or the manufacturer before final purchase.

• Product availability: Herv AI does not guarantee that any recommended product is currently in stock, sold in your region, or will remain available at the displayed price.
• Product suitability: Recommendations are generated based on visual analysis and stated preferences. They do not account for structural constraints, safety codes, accessibility needs, or precise room measurements.
• Visualizations: Rendered room images are AI-generated approximations and may not accurately reflect the real-world appearance of products in your specific space.
• Pricing: Any prices shown are sourced from third-party retailers and may be outdated or inaccurate. Herv AI is not responsible for price discrepancies.

Always verify product details, dimensions, and compatibility independently before making any purchase or committing to a design plan.

9. Third-Party Links & Affiliate Relationships

The Service may contain links to third-party websites and retailers. Herv AI may earn a commission on purchases made through affiliate links. These links are provided for convenience and do not constitute an endorsement. We are not responsible for the content, privacy practices, or terms of third-party sites.

10. Intellectual Property

All content, technology, trademarks, and intellectual property on the Service (excluding User Content) are owned by or licensed to Herv AI. You may not reproduce, distribute, or create derivative works without our express written permission.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Herv AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Service. Our total liability for any claim shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Herv AI, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or an in-app notification. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in California.

15. Information We Collect

• Account Information: Name, email address, phone number, and password when you register.
• User Content: Room photographs and design preferences you upload.
• Usage Data: Pages visited, features used, clicks, session duration, and SMS interactions.
• Device Data: Browser type, operating system, IP address, and device identifiers.
• Payment Data: Processed by Stripe; we do not store full card details.
• Communications: Messages you send us via support, email, or SMS text messages.

16. How We Use Your Information

• To provide, operate, and improve the Service across all access channels (web, mobile, SMS).
• To generate AI design recommendations personalized to your uploads and preferences.
• To process payments and manage subscriptions.
• To send transactional communications via email or SMS and, with your consent, marketing messages.
• To comply with legal obligations and SMS regulations (TCPA, GDPR).
• To detect and prevent fraud or abuse.

17. Legal Basis for Processing (GDPR)

For users in the European Economic Area (EEA) and United Kingdom, we process personal data on the following legal bases:

• Contract: Processing necessary to provide the Service you signed up for.
• Legitimate Interests: Service improvement, security, and fraud prevention.
• Consent: Marketing emails and non-essential cookies (where applicable).
• Legal Obligation: Compliance with applicable laws.

18. Your Rights (GDPR)

If you are located in the EEA or UK, you have the following rights:

• Access: Request a copy of the personal data we hold about you.
• Rectification: Request correction of inaccurate personal data.
• Erasure ("Right to be Forgotten"): Request deletion of your personal data.
• Restriction: Request that we limit how we process your data.
• Portability: Receive your data in a structured, machine-readable format.
• Objection: Object to processing based on legitimate interests or direct marketing.
• Withdraw Consent: Where processing is based on consent, you may withdraw it at any time.

To exercise any of these rights, contact us at privacy@hervai.com. We will respond within 30 days.

19. California Privacy Rights (CCPA / CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

• Right to Know: Request disclosure of the categories and specific pieces of personal information we collect, use, disclose, or sell.
• Right to Delete: Request deletion of your personal information, subject to certain exceptions.
• Right to Correct: Request correction of inaccurate personal information.
• Right to Opt-Out of Sale/Sharing: We do not sell your personal information to third parties. We do not share personal information for cross-context behavioral advertising.
• Right to Limit Use of Sensitive Personal Information: We do not use sensitive personal information beyond what is necessary to provide the Service.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.

To submit a CCPA request, contact us at privacy@hervai.com or through our in-app Account Settings. We will verify your identity before processing requests. You may designate an authorized agent to submit requests on your behalf.

Categories of Personal Information Collected (past 12 months): Identifiers (name, email, IP address); Internet activity (usage data); Inferences (design preferences); Photos and visual content (room images).

20. Cookies & Tracking

We use cookies and similar technologies to operate the Service, remember your preferences, and analyze usage. You can control cookies through your browser settings. Disabling cookies may affect Service functionality. We do not use third-party advertising cookies without your consent.

21. Data Sharing & Third Parties

We do not sell your personal data. We share data only with:

• Service Providers: Cloud hosting, AI processing, payment processing (Stripe), email services, and SMS delivery partners (Twilio) — under strict data processing agreements.
• Professional Designers: Only the information you choose to share when initiating a collaboration.
• Legal Authorities: When required by law, court order, or to protect rights and safety.

22. International Data Transfers

Herv AI is based in the United States. If you access the Service from the EEA, UK, or other regions with data protection laws, your data may be transferred to and processed in the US. We rely on Standard Contractual Clauses (SCCs) approved by the European Commission for such transfers.

23. Data Retention

We retain your personal data for as long as your account is active or as needed to provide the Service. You may request deletion of your account and data at any time via Account Settings. Certain data may be retained for up to 7 years where required by law (e.g., financial records).

24. Security

We implement industry-standard security measures including encryption in transit (TLS), encrypted storage, and access controls. No method of transmission over the Internet is 100% secure; we cannot guarantee absolute security but commit to promptly notifying affected users of any confirmed data breach as required by law.

25. Children's Privacy

The Service is not directed at children under 16. We do not knowingly collect personal information from children under 16. If we become aware that we have collected such data, we will delete it promptly. If you believe a child has provided us personal data, contact us at privacy@hervai.com.

26. Contact Us

For any questions about these Terms or our Privacy Policy, or to exercise your data rights, contact us at: