Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and The Cladwell Group, Inc., doing business as Cladwell (“Cladwell,” “we,” “us,” or “our”). They govern your use of Cladwell’s mobile applications, cladwell.com, app.cladwell.com, and other Cladwell products and services that link to these Terms (together, the “Services”).

Please read these Terms before using the Services. By creating an account, starting a purchase or trial, or otherwise using the Services, you agree to them. If you do not agree, do not use the Services.

1. Who may use Cladwell

You must be at least 18 years old and able to enter a binding agreement, or use Cladwell under the direct involvement of a parent or legal guardian who accepts these Terms for you. No one under 13 may use the Services.

If you use the Services for a company or another organization, you represent that you have authority to accept these Terms for it. You may not use the Services if applicable law bars you from doing so.

2. Your account

Some features require an account. You agree to provide accurate information, keep your login credentials secure, and promptly tell us at hello@cladwell.com if you believe your account has been compromised.

You are responsible for activity performed through your account unless it results from a failure by Cladwell to use reasonable security measures. You may not sell, transfer, share, or use another person’s account without permission.

3. Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain personal information, including photos used for color analysis, limited face-geometry information, closet content, location, AI messages, analytics, and subscription data.

The Privacy Policy is part of these Terms. Optional permissions, such as precise location or photo analysis, can be declined, although declining may limit the feature that needs them.

4. The Services

Cladwell provides tools for personal color and style guidance, a digital closet, outfit recommendations and tracking, capsules, wardrobe insights, shopping lists, communications, and other related features. Some features use automated or AI-assisted systems.

Subject to these Terms, Cladwell gives you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for lawful personal use. This license does not transfer ownership of Cladwell’s software, designs, content, trademarks, data, or other intellectual property.

We may improve, add, remove, limit, or discontinue features. We will provide notice when a change materially reduces a paid service or otherwise requires notice by law. Features may differ by device, platform, country, account history, subscription, and release cohort.

Cladwell may offer a free account. Free features and limits may change, but ending a paid subscription does not itself delete your account, closet, Style Baseline, or content. The features available after a subscription ends are the free features then offered.

5. Subscriptions, trials, and billing

Your offer controls

Before you start a subscription, the purchase screen will show the plan, price, currency, billing period, trial or promotional period if any, renewal terms, and how to cancel. Those displayed terms and your receipt are part of these Terms.

Cladwell Personal is generally offered as an automatically renewing annual subscription. Prices, trials, and available plans may differ by platform, region, eligibility, or promotion. Older subscribers may have a different plan or price. We will not replace the terms shown at purchase with a less favorable term retroactively.

Free trials

If your offer includes a free trial, you authorize the billing provider to charge the displayed subscription price when the trial ends unless you cancel before the provider’s cancellation deadline. The current Cladwell Personal launch offer may include seven free days followed by an annual charge, but the purchase screen—not marketing copy elsewhere—states the offer you are accepting.

For an Apple trial, Apple instructs customers who do not want to renew to cancel at least 24 hours before the trial ends. Other providers may set a different operational deadline. Cancel early enough for the billing provider to process the request.

If you cancel during a trial before the applicable deadline, you will not be charged for the first paid term. Eligibility for a trial is determined by the billing provider and may be limited to new or otherwise eligible subscribers.

Automatic renewal

Unless the purchase screen says otherwise, a paid subscription automatically renews for another period of the same length at the price then disclosed to you until you cancel. You authorize the billing provider to charge the payment method on file for each renewal and applicable taxes.

We or the billing provider will provide any renewal or price-change notice required by law. A price change applies no earlier than the next renewal after the required notice, unless you expressly agree to an earlier change. If you do not accept a price change, cancel before it takes effect.

Where you purchased controls where you cancel

• Apple App Store: Apple processes the charge, cancellation, and refund request. Cancel through your Apple subscriptions settings. Apple cancellation instructions.
• Google Play: Google processes the charge, cancellation, and refund request. Cancel through Google Play subscriptions. Google Play cancellation instructions.
• Cladwell web billing: Cladwell uses Stripe to process the charge. Sign in to your Cladwell profile and use Cancel Subscription, or contact hello@cladwell.com if you cannot access the account.

Canceling turns off renewal. Unless the purchase screen, provider rules, or applicable law says otherwise, you keep paid access through the end of the current billing period.

Deleting the app or deleting your Cladwell account does not automatically cancel an Apple App Store or Google Play subscription. You must cancel with the store that bills you. If you ask Cladwell to delete an account that has a direct web subscription, we will also process or clearly route the associated direct-billing cancellation.

Refunds and failed payments

Apple and Google decide refunds for purchases they process. For direct web purchases, payments are non-refundable except where the displayed offer, our written refund policy, or applicable law requires otherwise. Contact us if you believe a charge is incorrect.

If a payment fails, the billing provider may retry the charge, suspend paid access, or end the subscription. You remain responsible for amounts validly incurred before cancellation.

6. Your content and your rights

“Your Content” means photos, closet items, outfits, notes, answers, messages, feedback within a feature, and other material you submit to the Services. You keep ownership of Your Content.

You promise that you have the rights and permissions needed to submit Your Content and allow Cladwell to use it as described here. If Your Content includes another person, including their image or personal information, you must have their permission. Do not submit a photo of another person for color analysis without their informed permission.

The limited license Cladwell needs

You give Cladwell a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, format, resize, remove backgrounds from, analyze, and otherwise process Your Content only as reasonably necessary to:

• provide and personalize the features you request;
• maintain, secure, troubleshoot, and support the Services;
• create an export or share something when you direct us to; and
• comply with law and enforce these Terms.

We may sublicense those limited rights to service providers acting for Cladwell and to a recipient or platform you choose. We do not receive the right to sell Your Content, place it in advertising without separate permission, or syndicate it to unrelated publishers.

The license lasts while Your Content is stored for the Services and for a limited period in backups or legal records as described in the Privacy Policy. When Your Content is deleted, the license ends except to the extent a copy must temporarily remain in a backup, was already shared at your direction, or must be preserved by law.

No AI training

Cladwell will not use Your Content to train an AI or machine-learning model, and will not authorize a model provider to train on it. This includes color-analysis photos, face geometry, closet and outfit photos, style answers, AI conversations, and feedback about a personal result.

This no-training promise does not prevent Cladwell or an approved provider from processing Your Content at inference time to deliver the feature you requested—for example, analyzing a photo for your palette or answering a stylist question from your closet. The Privacy Policy explains those provider disclosures and controls.

7. Personalized, AI, and styling output

Cladwell provides color readings, palettes, Style Baselines, outfit suggestions, shopping guidance, weather-based recommendations, and AI-generated or AI-assisted responses (together, “Personalized Output”). Personalized Output is informational styling guidance, not professional advice or an objective judgment about you.

Automated output may be inaccurate, incomplete, inconsistent, unavailable, or unsuitable for your circumstances. You remain responsible for deciding whether to follow it. Cladwell does not provide medical, health, mental-health, legal, financial, employment, safety, identity, or body-assessment advice. Do not use Personalized Output as a substitute for a qualified professional or as the sole basis for a decision that could materially affect a person’s rights, health, safety, or finances.

Color and photo analysis is not facial recognition or identity verification. It is not designed to infer or score attractiveness, identity, age, gender, body, health, race or ethnicity, disability, gender identity, wealth, or body desirability.

You may use Personalized Output for your personal purposes, subject to these Terms and any rights of others. Because some output is generated automatically, Cladwell does not promise that output is unique, copyrightable, or free from similarity to output provided to someone else.

8. Acceptable use

You may not use the Services to:

• violate law or another person’s intellectual-property, privacy, publicity, or other rights;
• upload or analyze a person’s photo without the rights and permission required to do so;
• impersonate, deceive, threaten, harass, exploit, or harm another person;
• submit unlawful, abusive, pornographic, exploitative, or malicious content;
• distribute malware, spam, or deceptive communications;
• gain unauthorized access to an account, system, or non-public part of the Services;
• probe or test security without Cladwell’s prior written authorization;
• scrape, crawl, copy, reverse engineer, or use automated means to access the Services except through an interface Cladwell expressly provides for that purpose;
• use the photo-analysis, AI, or other endpoints as an unapproved commercial API or to evade usage, spend, or safety limits;
• interfere with the Services or another person’s use of them; or
• resell, sublicense, or commercially exploit the Services without written permission.

We may investigate violations and remove content, limit features, or suspend an account when reasonably necessary to protect the Services, users, or others.

9. Sharing and third-party services

Some features let you share an outfit, image, report, or other content with a stylist, another Cladwell user, or an external service. You decide what to share. Once information reaches a recipient or third-party platform, its use may be governed by that recipient’s choices or the platform’s terms and privacy policy.

The Services may link to or interoperate with services operated by Apple, Google, Stripe, social platforms, retailers, or others. Cladwell does not control their content, availability, security, or independent practices. A link does not mean Cladwell endorses the third party.

App-store and payment-provider terms also apply to transactions they process. If those terms conflict with these Terms about a store transaction, the provider’s terms control that transaction to the extent required by the provider or applicable law. These Terms continue to govern your Cladwell account and use of the Services.

10. Cladwell intellectual property and feedback

Cladwell and its licensors own the Services, including the software, interface, visual design, brand, catalog, authored content, and underlying technology, excluding Your Content. “Cladwell” and associated marks may not be used without permission.

If you voluntarily send a general product idea or suggestion outside Your Content, you give Cladwell a perpetual, worldwide, non-exclusive, royalty-free right to use it without compensation or obligation. This feedback license does not override the no-training promise for Your Content or our obligations under the Privacy Policy.

11. Copyright complaints

If you believe content in the Services infringes copyright, send a notice containing the information required by 17 U.S.C. §512(c)(3):

• your physical or electronic signature;
• identification of the copyrighted work or a representative list;
• identification and location of the allegedly infringing material;
• your contact information;
• a statement of your good-faith belief that the use is not authorized; and
• a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the copyright owner.

Send notices to: Copyright Agent, The Cladwell Group, Inc., 5050 Ridge Avenue, Cincinnati, Ohio 45209, United States, or hello@cladwell.com.

If your content was removed by mistake, you may send a counter-notice containing the information required by 17 U.S.C. §512(g). We may provide the counter-notice to the complaining party and restore the content as permitted by law.

12. Suspension, cancellation, and account deletion

You may stop using Cladwell at any time. You can delete your account in the app or request deletion as described in the Privacy Policy. Account deletion and subscription cancellation are different actions; review Section 5 before deleting an account.

We may suspend or terminate access if you materially or repeatedly violate these Terms, create a security or legal risk, fail to pay valid charges, or misuse the Services. Where appropriate, we will give notice and a reasonable opportunity to correct the issue. We may act immediately when necessary to prevent harm, fraud, unauthorized access, or legal exposure.

If Cladwell permanently discontinues a paid Service before the end of a prepaid term, we will provide any refund or remedy required by law and may provide a prorated refund where appropriate.

Sections that by their nature should survive termination—including ownership, payment obligations already incurred, disclaimers, liability limits, indemnity, governing law, and general terms—will survive.

13. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Cladwell disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Cladwell does not warrant that the Services or Personalized Output will always be available, uninterrupted, secure, error-free, accurate, complete, unique, or suitable for a particular purpose. Weather, retailer, app-store, model-provider, and other third-party information may be delayed or wrong.

Nothing in these Terms excludes a warranty, guarantee, or consumer right that applicable law does not allow us to exclude.

14. Limitation of liability

To the fullest extent permitted by law, Cladwell and its officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity, arising from the Services or these Terms, even if advised that such damage is possible.

To the fullest extent permitted by law, Cladwell’s total aggregate liability arising from the Services or these Terms will not exceed the greater of (a) the amount you paid Cladwell for the Services during the 12 months before the event giving rise to the claim or (b) US $100.

These limits do not apply to liability that cannot lawfully be limited, which may include liability for fraud, willful misconduct, gross negligence, personal injury caused by negligence, or violation of mandatory consumer rights, depending on your jurisdiction.

15. Indemnity

To the extent permitted by law, you agree to defend and indemnify Cladwell from third-party claims, damages, and reasonable costs arising from Your Content, your material violation of these Terms, or your violation of another person’s rights or applicable law. This obligation does not apply to the extent a claim results from Cladwell’s own breach, negligence, or misconduct.

Cladwell will give reasonable notice of an indemnified claim and may control its defense. You may not settle a claim in a way that admits fault by or imposes an obligation on Cladwell without our written consent.

16. Governing law and disputes

Ohio law governs these Terms, without regard to conflict-of-law rules. Subject to mandatory law that gives you another forum, claims relating to these Terms or the Services will be brought in the state or federal courts located in Hamilton County, Ohio, and you and Cladwell consent to their jurisdiction.

If you are a consumer, this section does not take away non-waivable rights or access to courts that the law of your residence provides. These Terms do not require arbitration and do not include a class-action waiver.

Before filing a claim, you and Cladwell agree to make a good-faith effort to resolve it informally by sending a written description to the contact information in Section 19. This does not prevent either party from seeking urgent relief or filing in time to preserve a claim.

17. Changes to these Terms

We may update these Terms as the Services, business, or law changes. We will post the updated Terms and change the date above. If a change is material, we will provide advance notice through the Services, email, or another appropriate channel and request renewed agreement when required by law.

Changes do not apply retroactively unless you expressly agree or the change is required by law. If you do not agree to updated Terms, you must stop using the affected Services and cancel any subscription before the next renewal.

18. General terms

These Terms, the Privacy Policy, the terms shown at purchase, and any feature-specific terms we present form the entire agreement between you and Cladwell about the Services.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the rest will remain in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only.

You may not assign these Terms without Cladwell’s written consent. Cladwell may assign them in connection with a merger, reorganization, financing, sale of assets, or by operation of law, provided the assignee remains responsible for these Terms.

Neither party is liable for delay or failure caused by events beyond reasonable control, except for payment obligations already incurred.

19. Contact us

Questions about these Terms may be sent to:

The Cladwell Group, Inc., doing business as Cladwell
5050 Ridge Avenue
Cincinnati, Ohio 45209, United States
hello@cladwell.com