tuck

Terms Of Use

Effective Date: January 26, 2026

1. Agreement to Terms

These Terms constitute a legally binding agreement between you ("User") and Xapien Innovatus Private Limited (CIN: U62090KL2025PTC092495). By accessing tucknow.com, interacting with a Tuck Magic Mirror, or using the Tuck API, you accept these Terms.

2. License Grant

  • A. For End Users (Shoppers/Consumers): We grant you a limited, non-exclusive, revocable, non-transferable license to use the generated VTON images and Fit Recommendations for your personal, non-commercial use (e.g., purchase decisions, social sharing). You may NOT sell, license, or commercially distribute these images.
  • B. For Retail Partners (B2B Clients): If you are a retailer or business entity using Tuck services, your rights to commercialize the VTON technology and data are governed exclusively by the separate Master Services Agreement (MSA) or Commercial SaaS Agreement executed between you and Xapien Innovatus Private Limited.

3. "See Your Fit" & Liability Disclaimer (Global Shield)

IMPORTANT: LIMITATION OF LIABILITY FOR SIZING ADVICE

The "See Your Fit" feature uses AI to estimate body measurements, generate heatmaps, and suggest sizes.

  • Estimates Only: These are indicative suggestions generated by AI, not professional tailoring advice.
  • Input Dependency: Accuracy depends entirely on the quality of the image and the accuracy of the height/gender inputs provided by you. A wrong height entry will result in incorrect body measurements.
  • No Liability: To the fullest extent permitted by law, Xapien Innovatus Private Limited, its promoters, directors, and employees expressly disclaim liability for:
  • Inaccurate size recommendations, body measurements, or heatmaps.
  • Ill-fitting physical garments purchased based on these recommendations.
  • Return shipping costs, restocking fees, refunds, or exchanges.

4. User Conduct & Content

  • Prohibited Uploads: You agree NOT to upload nudity, sexually explicit content, offensive material, or third-party images without consent.
  • Indemnity: You agree to defend, indemnify, and hold harmless Xapien Innovatus Private Limited from any claims, damages, or legal fees arising from your violation of these Terms or strict liability regarding the content you upload.

5. Limitation of Liability

To the maximum extent permitted by applicable law (including the Indian Contract Act, 1872):

  • No Consequential Damages: We are not liable for any indirect, special, incidental, or consequential damages (including loss of profit, data, or goodwill).
  • "As Is" Basis: We do not guarantee 100% uptime or error-free AI generation. No Service Level Agreement (SLA) applies to standard End User accounts.
  • Monetary Cap: Our total cumulative liability for any claim arising out of these Terms shall not exceed INR 1,000 (Indian Rupees One Thousand) or the amount paid by you for the specific transaction, whichever is lower.

6. Intellectual Property

All software, AI models, algorithms, UI designs, and the "Tuck" trademark are the exclusive property of Xapien Innovatus Private Limited.

7. Governing Law & Dispute Resolution

  • Governing Law: These Terms are governed by the laws of India.
  • Exclusive Jurisdiction: You expressly agree that any legal claim or dispute arising out of or related to these Terms shall be instituted exclusively in the Courts at Ernakulam (Kochi), Kerala, India.
  • Arbitration: We reserve the right to refer disputes to arbitration in Kochi under the Arbitration and Conciliation Act, 1996.

8. Contact Information

  • Xapien Innovatus Private Limited
  • Email: info@xapien.in
  • Phone: +91 8136926111