Terms of Service

1. Acceptance of Terms

Welcome to J'ko! These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and J'ko ("Company", "we", "us", "our") governing your access to and use of the J'ko platform and services.

By creating an account, accessing, or using J'ko services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

Age Requirement: You must be at least 18 years old to use J'ko. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this binding agreement.

2. Description of Service

2.1 What J'ko Does

J'ko is a business-to-business (B2B) SaaS platform that provides AI-powered virtual try-on services for fashion brands, retailers, and e-commerce businesses using Instagram.

Core Services:

• Instagram Bot Automation: Automated bot that responds to customer DMs and comments with virtual try-on capabilities
• AI Virtual Try-On Generation: Process customer photos using artificial intelligence to generate realistic virtual try-on images
• Conversation Management: Dashboard to view, manage, and respond to customer conversations across connected Instagram accounts
• Bot Configuration: Customize automated messages, trigger keywords, and bot behavior
• Analytics & Reporting: Track generation usage, processing times, customer engagement, and costs
• Multi-Account Management: Connect and manage multiple Instagram Business Accounts
• Credit System: Pay-per-use credit system for AI generation processing

2.2 How It Works

1. You connect your Instagram Business Account(s) to J'ko
2. Your customers message your Instagram account requesting virtual try-on
3. J'ko's bot processes their photos using AI (powered by Replicate's IDM-VTON model)
4. Generated try-on images are sent back to your customers via Instagram DM
5. You are charged credits based on generation usage

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the service at any time with or without notice. We will make reasonable efforts to notify you of material changes to the service.

3. User Accounts and Eligibility

3.1 Account Creation

To use J'ko services, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain and promptly update your account information
• Use a valid email address that you can access
• Be a legitimate business entity or authorized representative

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your J'ko account
• Not share your password with anyone
• Notify us immediately at support@jko.ai if you suspect unauthorized access
• Log out from your account at the end of each session when using shared devices

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Eligibility Requirements

To use J'ko, you must meet the following requirements:

• Age: Be at least 18 years old
• Authority: Have the legal authority to bind your business to these Terms
• Business Use: Use J'ko for legitimate business purposes only
• Instagram Account: Have an active Instagram Business or Creator Account
• Compliance: Comply with all applicable laws and Meta's Platform Terms

3.4 Business Verification

We reserve the right to verify your business information and may request additional documentation to confirm your identity and business legitimacy. Failure to provide requested information may result in account suspension or termination.

3.5 Workspace and Team Members

Your account may include workspace functionality allowing multiple team members. You are responsible for:

• Managing team member access and permissions
• All activities performed by team members under your account
• Ensuring team members comply with these Terms
• Promptly revoking access for former team members

4. Instagram Account Connection and Authorization

4.1 Instagram Business Account Requirement

To use J'ko's services, you must connect an Instagram Business Account or Instagram Creator Account. Personal Instagram accounts are not supported.

4.2 OAuth Authorization

When you connect your Instagram account, you authorize J'ko to access your Instagram data through Meta's official APIs. You grant us permission to:

• Access and read direct messages sent to your Instagram account
• Send messages on your behalf in response to customer inquiries
• Read and respond to comments on your Instagram posts
• Access basic Instagram account information (username, profile picture, follower count)

4.3 Your Responsibilities

By connecting your Instagram account, you represent and warrant that:

• You own or have authorization to use the connected Instagram account
• Your Instagram account complies with Instagram's Terms of Use and Community Guidelines
• You have the right to authorize J'ko to access your Instagram data
• You will not use J'ko in any way that violates Meta's Platform Terms

4.4 Account Disconnection

You may disconnect your Instagram account at any time through your J'ko account settings. Upon disconnection:

• J'ko will immediately cease accessing your Instagram data
• Your bot will stop responding to new customer messages
• Existing conversation data will be retained according to our Privacy Policy
• Unused credits will remain in your account

5. Billing, Payments, and Credits

5.1 Credit System

J'ko operates on a credit-based pay-per-use model. Each AI virtual try-on generation consumes credits from your account balance.

• Cost per Generation: Pricing is displayed in your account dashboard and may vary based on your plan
• Credit Purchases: You can purchase credit packages through our platform
• Credit Balance: Your current credit balance is displayed in your account
• No Refunds: Credits are non-refundable once purchased (except as required by law)
• Credit Expiration: Credits do not expire while your account remains active

5.2 Payment Processing

Payments are processed securely through our third-party payment processor (Stripe). By purchasing credits, you agree to:

• Provide accurate and complete payment information
• Authorize us to charge your payment method for credit purchases
• Pay all applicable taxes
• Comply with your payment provider's terms and conditions

5.3 Failed Payments

If a payment fails for any reason:

• We will attempt to notify you via email
• Your access to services may be suspended until payment is resolved
• Outstanding balances may be sent to collections
• We may terminate your account after 30 days of non-payment

5.4 Pricing Changes

We reserve the right to modify our pricing at any time. Price changes will not affect credits already purchased. We will provide at least 30 days' notice for significant price increases.

5.5 Free Trial Credits

We may offer free trial credits to new users. Free trial credits:

• Are provided at our sole discretion
• May have expiration dates
• Cannot be transferred or redeemed for cash
• Are subject to additional terms communicated during the trial period
• May be revoked if we detect abuse or violation of these Terms

6. Biometric Data and Consent

6.1 Your Consent for Customer Data Processing

As a business user of J'ko, you are responsible for obtaining appropriate consents from your end-users (your Instagram customers) before their facial images are processed. You represent and warrant that:

• You have obtained all necessary consents and authorizations from end-users
• Your end-users are informed that their images will be processed using AI technology
• Your privacy policy adequately discloses your use of J'ko services
• You comply with all applicable biometric privacy laws in your jurisdiction

6.2 Processing Purpose and Limitations

Facial images submitted through J'ko are processed solely for the purpose of generating virtual try-on images. We do not:

• Use facial images for facial recognition or identification purposes
• Create or store biometric templates or facial fingerprints
• Use images for AI model training without explicit consent
• Sell or share facial images with third parties (except as required for service provision)
• Use images for advertising, marketing, or profiling

6.3 Data Retention

We retain biometric data (facial geometry derived from customer photos) for the minimum time necessary to provide the Service:

• Customer photos and facial geometry data are retained while your Instagram account is connected to J'ko
• After you disconnect your account, data is retained for 90 days to allow reconnection
• After 90 days of disconnection, all data is automatically and permanently deleted
• Facial geometry data is deleted immediately after try-on generation (not stored beyond processing)
• You may request immediate deletion at any time by contacting privacy@jko.ai

Automated Cleanup: We run automated processes daily to delete data from accounts disconnected for more than 90 days.

6.4 Third-Party AI Processing

Images are processed using Replicate's AI infrastructure (IDM-VTON model). By using J'ko, you consent to this third-party processing as described in our Privacy Policy.

6.5 Your Legal Obligations

Depending on your location and your customers' locations, you may be subject to specific biometric privacy laws such as:

• Illinois BIPA: Requires written consent and disclosures
• GDPR (EU): Requires explicit consent for biometric data processing
• CCPA/CPRA (California): Requires notice and opt-out for sensitive personal information
• Other State Laws: Texas, Washington, and other states have biometric privacy requirements

You are solely responsible for complying with all applicable biometric privacy laws. We recommend consulting with legal counsel to ensure compliance.

7. Acceptable Use Policy

7.1 Prohibited Uses

You agree NOT to use J'ko for any of the following purposes:

Illegal or Harmful Activities:

• Any illegal purpose or in violation of any local, state, national, or international law
• Creating or distributing deepfakes or misleading imagery
• Processing images of minors (under 18 years old)
• Adult content, pornography, or sexual services
• Harassment, bullying, or threatening behavior

Platform Abuse:

• Attempting to reverse engineer, decompile, or hack the service
• Scraping, crawling, or extracting data without authorization
• Overloading or disrupting our servers (denial of service attacks)
• Circumventing security measures or access controls
• Creating fake accounts or using automated tools to create accounts

Meta Platform Violations:

• Using J'ko in ways that violate Meta's Platform Terms or Instagram Terms
• Surveillance or monitoring of users without consent
• Spam, unauthorized solicitation, or bulk messaging
• Impersonation or misrepresentation

Intellectual Property Violations:

• Processing images you don't have rights to use
• Infringing on trademarks, copyrights, or other IP rights
• Using competitor branding or logos without permission

7.2 Consequences of Violations

Violation of this Acceptable Use Policy may result in:

• Immediate suspension or termination of your account
• Forfeiture of unused credits (no refund)
• Reporting to law enforcement authorities
• Legal action and liability for damages
• Permanent ban from J'ko services

7.3 Monitoring and Enforcement

We reserve the right (but have no obligation) to:

• Monitor use of our services for compliance with these Terms
• Review generated content for policy violations
• Investigate suspected violations
• Remove or refuse to process content that violates these Terms
• Cooperate with law enforcement investigations

8. Intellectual Property Rights

8.1 J'ko's Intellectual Property

The J'ko platform, including all software, designs, text, graphics, logos, interfaces, and functionality, is owned by J'ko and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of our platform
• Reproduce, redistribute, or publicly display our content
• Use our trademarks or branding without written permission
• Remove or alter any copyright or proprietary notices

8.2 Your Content and Data

You retain all ownership rights to content you submit to J'ko (bot configurations, product images, business information, etc.). However, you grant us a limited license:

License Grant: You grant J'ko a worldwide, non-exclusive, royalty-free license to use, store, display, and process your content solely for the purpose of providing our services to you.

8.3 Generated Images

Virtual try-on images generated by J'ko are created using AI based on input images. Ownership of generated images:

• Your Business: You may use generated images in your business communications with customers
• End-User Rights: End-users (your customers) retain rights to their original photos
• AI Model: The AI model (Replicate/IDM-VTON) may have its own licensing terms
• Commercial Use: Generated images may be used for your legitimate business purposes

8.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about J'ko, you grant us the right to use them without compensation or attribution. We may implement suggestions at our sole discretion.

9. Privacy and Data Protection

Your use of J'ko is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Key Privacy Points:

• We process biometric data (facial images) as described in our Privacy Policy
• We comply with GDPR, CCPA/CPRA, and other applicable privacy laws
• You have rights regarding your personal data (access, deletion, correction, etc.)
• We implement industry-standard security measures to protect your data
• We do not sell your personal information to third parties

By using J'ko, you consent to data processing as described in our Privacy Policy. You are responsible for obtaining necessary consents from your end-users (customers) for their data processing.

10. Third-Party Services and Meta Platform Terms

10.1 Meta Platform Compliance

J'ko uses Instagram APIs provided by Meta. Your use of J'ko is also subject to:

• Meta Platform Terms: https://developers.facebook.com/terms
• Instagram Terms of Use: https://help.instagram.com/581066165581870/
• Instagram Community Guidelines: https://help.instagram.com/477434105621119/

You acknowledge and agree that any violation of Meta's terms may result in termination of your J'ko account and loss of access to Instagram APIs.

10.2 Third-Party AI Services

J'ko uses Replicate's AI infrastructure for virtual try-on generation. Processing is subject to Replicate's terms of service. We are not responsible for Replicate's performance, availability, or changes to their services.

10.3 Payment Processing

Payment processing is handled by Stripe. Your payment information is subject to Stripe's Terms of Service and Privacy Policy. We do not store your full credit card information.

10.4 No Warranty for Third-Party Services

We do not guarantee the availability, reliability, or performance of third-party services. Changes to third-party services may affect J'ko functionality, and we are not liable for such changes.

11. Disclaimers and Warranties

11.1 Service Provided "As Is"

J'KO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 AI Generation Disclaimer

11.3 No Guarantees

We do not warrant or guarantee that:

• J'ko services will be uninterrupted, timely, secure, or error-free
• Results from using J'ko will be accurate, reliable, or meet your expectations
• Quality of AI-generated images will meet your specific requirements
• Any errors or defects will be corrected
• Services will be compatible with your hardware or software
• Instagram API access will remain available (Meta controls API access)

11.4 Processing Times

While we aim for 15-40 second generation times, actual processing times may vary based on server load, image complexity, and third-party service performance. We do not guarantee specific processing times.

11.5 Uptime and Availability

We strive for high availability but do not guarantee 100% uptime. Services may be temporarily unavailable due to maintenance, updates, or factors beyond our control.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J'KO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

12.1 Types of Damages

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• BUSINESS INTERRUPTION OR LOSS OF USE
• COST OF SUBSTITUTE GOODS OR SERVICES

12.2 Causes of Liability

This limitation applies regardless of the cause of action, including but not limited to:

• Errors, inaccuracies, or defects in generated images
• Unauthorized access to or loss of your data
• Service interruptions, downtime, or degraded performance
• Bugs, viruses, or security vulnerabilities
• Third-party service failures (Instagram API, Replicate AI, payment processing)
• Loss of customer relationships or business reputation
• Failure to comply with biometric privacy laws
• Any reliance on generated images or service availability

12.3 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF J'KO SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO J'KO IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

12.4 Essential Purpose

The limitations in this section apply even if any remedy fails its essential purpose. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless J'ko and its officers, directors, employees, affiliates, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorney's fees) arising from or related to:

• Your Use of Services: Your access to or use of J'ko services
• Terms Violations: Your violation of these Terms of Service
• Content: Your content, bot messages, or generated images
• Customer Disputes: Disputes with your end-users (Instagram customers)
• Privacy Violations: Your failure to obtain necessary consents or comply with privacy laws
• Biometric Laws: Violations of biometric privacy laws (BIPA, GDPR, CCPA, etc.)
• Third-Party Rights: Infringement of intellectual property or other rights of third parties
• Instagram/Meta: Violations of Instagram Terms or Meta Platform Terms
• Misrepresentation: False or misleading information you provide
• Negligence: Your negligent or intentional misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim that affects J'ko without our prior written consent.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion option in your account settings
• Contacting support@jko.ai with a termination request

Upon termination, you will lose access to your account and any unused credits (non-refundable).

14.2 Termination by J'ko

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms of Service
• Violation of our Acceptable Use Policy
• Non-payment or payment fraud
• Violation of Meta's Platform Terms
• Illegal activity or abuse of services
• Extended period of inactivity
• Risk to J'ko, other users, or third parties

14.3 Effect of Termination

Upon termination:

• Your right to access and use J'ko services immediately ceases
• Connected Instagram accounts are automatically disconnected
• Bot services stop immediately
• Unused credits are forfeited (non-refundable except as required by law)
• Data is retained or deleted according to our Privacy Policy
• Sections of these Terms that by nature should survive termination will survive

14.4 Survival

The following sections survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions.

15.2 Dispute Resolution Process

Informal Resolution: Before filing a formal claim, you agree to contact us at support@jko.ai to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.

15.3 Jurisdiction and Venue

Any disputes arising out of or related to these Terms or your use of J'ko shall be resolved in the courts located in Montreal, Quebec, Canada. Both parties agree to submit to the personal and exclusive jurisdiction of these courts.

15.4 Exceptions

Either party may seek relief in court for:

• Intellectual property disputes
• Injunctive or equitable relief
• Small claims court actions (if eligible)

15.5 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action.

16. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion.

16.1 Notification of Changes

• Material Changes: We will provide at least 30 days' notice via email and in-app notification before material changes take effect
• Minor Changes: Non-material changes will be posted with an updated "Last Updated" date
• Emergency Changes: Changes required by law or for security reasons may take effect immediately

16.2 Acceptance of Changes

Your continued use of J'ko after changes take effect constitutes acceptance of the revised Terms. If you do not agree to changes, you must stop using J'ko and may close your account.

16.3 Version History

Previous versions of these Terms are retained and available upon request. You can view the effective date at the top of this document.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and J'ko regarding use of our services, superseding any prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or telecommunications failures.

17.6 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to U.S. embargo or on any U.S. restricted parties list.

17.7 Language

These Terms are provided in English. Any translations are for convenience only. In case of discrepancies, the English version prevails.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

For privacy-related inquiries, please see our Privacy Policy or contact privacy@jko.ai.

These Terms were last updated on November 6, 2025. We may modify these Terms from time to time. Please review this page periodically for changes.