Terms of Service

• "Account" — The unique account created for You to access the Platform.
• "User Content" — Any information, data, text, product images, catalog data, or other materials that You upload, store, or distribute through the Services.
• "Shopper" — A visitor of Your online store who interacts with the Viewer.
• "Subscription Fees" — The periodic payments for use of the Services according to the selected plan.
• "Acceptable Use Policy" or "AUP" — The rules in Section 6 governing permitted use of the Services.
• "Beta Services" — New services or features offered for a limited trial period before official launch.

You must be at least 18 years of age and possess full legal capacity to enter into this Agreement. If You are entering into this Agreement on behalf of an organization, You represent and warrant that You have full legal authority to bind that organization. Continued use of the Services after the Terms are updated (Section 17) constitutes acceptance of the updated version.

Flamey provides a SaaS platform that lets e-commerce merchants add 3D and augmented reality ("view in your space") product previews to their online stores. Subject to Your compliance with this Agreement and payment of applicable Subscription Fees, we grant You a limited, personal, non-exclusive, non-transferable, revocable license for the subscription period to access and use the Services — including embedding the Viewer and our embed code on websites and stores You own or control — solely for Your internal, lawful business purposes, within the limits of Your selected plan (e.g., number of catalogs, items, and monthly AR views).

We may offer different plans with varying features and limits, and may modify, add, or remove features at our discretion, making reasonable efforts to notify You of material changes.

Creating an Account requires accurate, current, and complete information, which You must keep updated. You are responsible for maintaining the confidentiality of Your sign-in methods (including email magic links and connected Google accounts) and for all activity under Your Account. You must notify us immediately of any suspected unauthorized use of Your Account or security breach.

You are solely responsible for all User Content. You represent and warrant that:

• Your use of the Services and all User Content comply with all applicable laws and this Agreement, including the AUP;
• You own or have obtained all necessary rights, licenses, and permissions in the product images and catalog data You upload, sufficient to permit their Processing and display by Flamey as contemplated by this Agreement (including rendering them as 3D models shown to Shoppers);
• You have provided all required notices to, and obtained any required consents from, Your Shoppers and store visitors in connection with Your use of the Viewer on Your store, including any disclosures required under applicable privacy law (Flamey acts as Your data processor for Viewer usage events, as described in the Privacy Policy);
• Any sizing or dimension data You provide for products is accurate to the best of Your knowledge. AR previews are visual aids rendered at the scale You configure; You are responsible for the accuracy of product dimensions and for any representations made to Shoppers based on them.

1. Prohibited content: You may not upload or distribute content that is illegal, infringing, defamatory, deceptive, obscene, hateful, or otherwise harmful; content that infringes intellectual property, privacy, or publicity rights; or content containing malicious code.
2. Prohibited actions: You may not use the Services to mislead consumers (including materially inaccurate AR scale or appearance intended to deceive); attempt to circumvent plan limits (e.g., splitting catalogs across accounts); embed the Viewer on stores or domains You do not own or control without authorization; scrape, reverse engineer, or copy the Services; resell or white-label the Services without our written consent; interfere with the integrity or performance of the Services; or conduct load or penetration testing without prior written approval.
3. Embed tokens: Embed tokens issued for Your store connections are for Your use only. You are responsible for their safekeeping and for usage attributed to them.
4. Consequences: Violation of this AUP may result in warnings, suspension, termination without refund, legal action, and/or reporting to authorities, at our discretion.

Access to paid features requires payment of Subscription Fees per Your selected plan, as published on the Website. Payments are processed by our payment provider, Paddle, which acts as merchant of record for transactions. You authorize recurring charges to Your payment method at the start of each billing cycle, plus applicable taxes. Usage-based charges (e.g., additional AR views beyond plan allowances) may apply as described on our pricing page.

All payments are final and non-refundable except as expressly stated or required by law. Failure to pay may result in suspension of access. We may change pricing with 30 days' notice. Unless You cancel before the end of the current term, Your subscription automatically renews for an identical term. Free trials, if offered, convert to paid subscriptions at the end of the trial unless cancelled beforehand.

1. Flamey's IP: All rights in the Website, Platform, Viewer, embed scripts, plugins, software, algorithms, designs, trademarks, and documentation (excluding User Content) remain the exclusive property of Flamey and its licensors. No ownership rights are granted other than the limited license in Section 3.
2. User Content license: You retain ownership of Your User Content. You grant Flamey a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt (e.g., generating 3D models and textures from Your product images), display, and distribute Your User Content solely as necessary to operate, provide, secure, and improve the Services — including delivering the Viewer experience to Your Shoppers.
3. Feedback: If You provide feedback or suggestions, You assign to Flamey all rights in such feedback, and Flamey may use it freely without restriction or compensation.

Each party agrees to protect the other party's non-public information disclosed under this Agreement with at least reasonable care, to use it solely to perform under this Agreement, and not to disclose it except to representatives bound by similar obligations or as required by law. These obligations survive for 5 years after termination and do not apply to information that is public, independently developed, or lawfully obtained from third parties.

Where You use the Services in a manner that involves Processing of Shopper Personal Information (such as Viewer usage events), You are the Data Controller and Flamey acts as Your Data Processor, Processing such data solely to provide the Services as described in the Privacy Policy. Each party shall comply with applicable data protection laws in its respective role.

The Services integrate with third-party platforms and services (e.g., Shopify, WooCommerce / WordPress, app stores, and device AR runtimes such as Apple Quick Look and Google Scene Viewer). We do not control and are not responsible for Third-Party Services, their availability, terms, or privacy practices. Your use of them is at Your own risk and subject to their separate terms. AR capability depends on the Shopper's device and operating system, which are outside our control.

1. Term: This Agreement is effective upon Your acceptance and remains in effect until terminated.
2. By You: You may terminate at any time by closing Your Account. Termination does not entitle You to a refund of prepaid fees.
3. By Us: We may suspend or terminate access (i) immediately for material breach (including AUP violations or non-payment); (ii) immediately if Your activity poses a legal, security, or operational risk; (iii) with 30 days' notice for any other reason; or (iv) immediately if required by law.
4. Effects: Upon termination, all licenses cease, You must stop using the Services (including removing the embed code from Your stores) and pay outstanding amounts, and we may delete User Content after a reasonable grace period (typically 30–90 days) during which You may export Your data where technically feasible. Sections 5, 8 (excluding the license grant), 9, 13, 14, 15, 16, and 18 survive termination.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLAMEY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) RESULTS OBTAINED FROM USE OF THE SERVICES (INCLUDING CONVERSION RATES OR SALES OUTCOMES) WILL MEET YOUR EXPECTATIONS; (C) 3D OR AR RENDERINGS WILL BE PIXEL-ACCURATE REPRESENTATIONS OF PHYSICAL PRODUCTS, OR THAT AR WILL BE AVAILABLE ON EVERY DEVICE; OR (D) DEFECTS WILL BE CORRECTED. NO SERVICE LEVEL AGREEMENT IS PROVIDED UNLESS SEPARATELY SIGNED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLAMEY, ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO FLAMEY DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS CONSTITUTE AN AGREED ALLOCATION OF RISK AND REFLECT THE PRICING OF THE SERVICES.

You agree to indemnify, defend, and hold harmless Flamey and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the Services in violation of this Agreement; (b) Your User Content, including any allegation that it infringes third-party rights; (c) Your violation of applicable law or third-party rights, including privacy and consumer protection laws applicable to Your store; or (d) Your gross negligence or willful misconduct.

This Agreement shall be governed exclusively by the laws of the State of Israel, without giving effect to conflict of law rules. Any dispute arising from or related to this Agreement or the Services shall be brought exclusively before the competent courts of the Tel Aviv-Jaffa district, Israel, and both parties consent to their exclusive jurisdiction.

We may modify these Terms from time to time. We will post the updated version on this page with a new Effective Date, and for material changes we will provide more prominent notice 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance. If You do not agree to the changes, Your sole remedy is to stop using the Services and terminate the Agreement.

1. Entire agreement: This Agreement (including the Privacy Policy and any documents expressly incorporated) constitutes the entire agreement between the parties and supersedes all prior agreements regarding its subject matter.
2. Severability: If any provision is held invalid, the remaining provisions remain in full force, and the invalid provision shall be replaced with a valid one reflecting the original intent as closely as possible.
3. Waiver: Failure to exercise any right is not a waiver of that right.
4. Assignment: You may not assign this Agreement without our prior written consent. We may assign it in connection with a merger, acquisition, or sale of assets.
5. Relationship: The parties are independent contractors; no partnership, joint venture, or agency is created.
6. Force majeure: Neither party is liable for delays or failures (except payment obligations) caused by events beyond its reasonable control.
7. Notices: Notices to You will be sent to the email address associated with Your Account or posted on the Website. Notices to us must be sent to legal@flamey.com.
8. Beta Services: Beta Services are provided "AS IS", may change or be discontinued at any time, and are used at Your sole risk; Sections 13 and 14 apply fully.

For any questions regarding these Terms, contact us at legal@flamey.com.