IntelliHoodie Terms & Conditions

1. Eligibility and Accounts

1.1 Eligibility. You must be at least 18 years old to use the Services. If you are under 18 (or the age of majority in your jurisdiction), you may use the Services only with parental or guardian consent.

1.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

2. Description of the Services

2.1 What We Provide. IntelliHoodie provides a wearable device and related software enabling image capture and AI-powered analysis with audio output.

2.2 No Medical, Safety-Critical, or Legal Use; AI Limitations. The Services are not medical devices, safety systems, emergency response tools, or a substitute for professional advice. Do not rely on the Services in situations where failure could result in injury, death, or significant loss. AI-generated output may be incomplete, inaccurate, outdated, or inappropriate, and may omit important information. You are responsible for independently evaluating any information provided by the Services and using your own judgment.

2.3 Product Bundle and Membership. The IntelliHoodie hardware bundle currently includes a wearable hoodie with camera, a paired phone, a wireless earpiece, and access to the IntelliHoodie AI Membership trial, as described on our website at the time of purchase. The specific components, features, and pricing may change over time; the details presented at checkout apply to your order.

3. Acceptable Use; Academic Integrity; Recording & Privacy Laws

3.1 Academic Integrity (No Cheating). You agree not to use the Services in any way that violates academic, testing, or examination policies. This includes, without limitation, cheating, plagiarism, unauthorized collaboration, or any use prohibited by your school, university, testing center, or employer. If you are unsure whether a use is permitted, do not use the Services.

3.2 Recording, Consent, and Eavesdropping/Wiretapping Laws. The Services may capture images or other data from your environment. You are solely responsible for complying with all applicable laws (e.g., consent, privacy, recording, wiretapping, and surveillance laws) and obtaining all required permissions before capturing or processing content. Some jurisdictions require all-party consent. Failure to comply may be unlawful.

3.3 No Illegal, Harmful, or Abusive Use. You will not use the Services to: (a) violate any law or third-party rights; (b) harass, stalk, or endanger people; (c) engage in unlawful surveillance; (d) collect or process sensitive personal data without lawful basis; (e) reverse engineer, misuse, or disable any portion of the Services; or (f) interfere with networks or systems.

4. User Content; License to IntelliHoodie

4.1 Your Content. You may submit, upload, capture, or otherwise provide images and other content (“User Content”). You represent and warrant that you have all rights and permissions necessary to provide the User Content to us and to our service providers for the purposes described in these Terms.

4.2 License to Us. You grant IntelliHoodie a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, process, adapt, and display User Content as needed to operate, maintain, improve, and provide the Services to you and to comply with law.

4.3 Feedback. If you submit feedback or suggestions, you grant us the right to use them without restriction or compensation.

5. Third-Party Providers (OpenAI, Cloudinary, gTTS, and Others)

5.1 Processing by Providers. To deliver the Services, IntelliHoodie uses third-party providers, including but not limited to OpenAI (AI analysis of images/text), Cloudinary (media storage/processing), and gTTS (Google Text-to-Speech) (audio generation), as well as hosting, analytics, and payment vendors. Your User Content and related data may be transmitted to, stored by, or processed with such providers.

5.2 Provider Terms. Your use of features powered by third parties may also be subject to those parties’ terms and privacy policies. IntelliHoodie is not responsible for third-party services.

5.3 International Transfers. Third-party processing may involve transfers of data across state or national borders, including to the United States and other jurisdictions with different data protection laws.

6. Privacy

6.1 Our Privacy Notice. By using the Services, you acknowledge that processing described may occur, including by third-party providers. See our Privacy Policy.

6.2 Security. We implement reasonable administrative, technical, and physical safeguards; however, no system is completely secure. You use the Services at your own risk.

7. Device Safety and Assumption of Risk

7.1 Safe Operation. Use IntelliHoodie devices only as intended and in accordance with all safety instructions. Do not use it while driving or during activities where distraction could cause harm.

7.2 Environmental Risks. Wearables can snag, overheat, become damaged, or malfunction. You accept all risks associated with wearing and operating the device. Do not expose the device to extreme heat or moisture.

8. Software, Updates, and Changes to the Services

8.1 Software License. Subject to these Terms, we grant you a limited, revocable, nontransferable, nonsublicensable, nonexclusive license to install and use our software solely to access the Services.

8.2 Updates/Modifications. We may update or discontinue features at any time without liability, including pushing firmware/software updates that are required for security or functionality.

8.3 Beta/Pre-Release. Some features may be beta; they may be incomplete or change without notice.

9. Fees, Pricing, Refunds, and Taxes

9.1 Product Pricing and Shipping. The purchase price, any applicable discounts or promotions, and estimated taxes for the IntelliHoodie hardware bundle will be displayed at checkout. Unless otherwise stated on the website at the time of order, shipping within the United States is subject to a flat fee of $14.99, which will be shown at checkout. Estimated delivery windows may be displayed at checkout and are not guaranteed. For international orders, we may contact you after checkout with an updated shipping quote; if you do not accept the quote, we may cancel the order and issue a full refund of amounts you have paid for that order, and your order will not be shipped.

9.2 IntelliHoodie AI Membership; Free Trial and Recurring Billing. Purchases of the IntelliHoodie hardware bundle may include a promotional free trial of the IntelliHoodie AI Membership (for example, a 30-day free trial). You will not be charged IntelliHoodie AI Membership subscription fees during the free trial period. Unless otherwise stated at checkout, at the end of the free trial your IntelliHoodie AI Membership will automatically convert to a paid, recurring subscription and your payment method on file will be charged the then-current monthly fee (for example, $9.99 per month) until you cancel. By starting a free trial or subscription, you authorize IntelliHoodie and our payment processors to charge your payment method on a recurring basis for the applicable subscription fees and any taxes, in advance of each billing period, until you cancel.

9.3 Cancellation of Membership. You may cancel your IntelliHoodie AI Membership at any time, for example by contacting us at support@intellihoodie.com or through any account or subscription management tools we may provide. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the membership benefits until that time.

9.4 Money-Back Guarantee and Refunds for Hardware. Where stated on our website, we may offer a time-limited money-back guarantee on the IntelliHoodie hardware bundle (for example, a 30-day money-back guarantee) beginning on the date the hardware is delivered to the shipping address you provided. If such a guarantee applies to your purchase, you may be eligible to receive a refund of the hardware purchase price and any applicable taxes by returning the hardware within the stated guarantee period in clean, undamaged condition, including all original components, accessories, and materials (such as the phone, earpiece, cables, and documentation). You are responsible for the cost of return shipping. Unless required by law, original outbound shipping and handling fees (such as the $14.99 U.S. shipping fee) are not refundable. We reserve the right to refuse refunds, or issue partial refunds, for items that are excessively damaged, missing components, not clean, or returned outside the guarantee period.

9.5 Subscription Fees and Other Nonrefundable Charges. Unless expressly stated otherwise in our written policies or required by law, subscription fees (including IntelliHoodie AI Membership fees) and other recurring or usage-based charges are nonrefundable, and we do not provide refunds or credits for partial billing periods, unused time, or unused Services.

9.6 Taxes. You are responsible for all applicable taxes, duties, and similar charges, which may be added to the amounts charged to your payment method as required by law.

9.7 Shipping; Title and Risk of Loss. Unless otherwise stated at checkout, we will arrange shipment of hardware to the shipping address you provide using a carrier of our choice. Title to and risk of loss for hardware you purchase pass to you upon delivery to the shipping address you provide (or upon delivery in accordance with the carrier’s standard procedures, such as confirmed delivery or placement at the designated address).

10. Ownership

10.1 Our IP. We and our licensors own all right, title, and interest in the Services, including software, documentation, designs, and trademarks.

10.2 Restrictions. You will not copy, modify, distribute, sell, lease, reverse engineer (except to the extent permitted by law), or create derivative works based on the Services.

11. Termination

11.1 By You. You may stop using the Services at any time.

11.2 By Us. We may suspend or terminate access immediately if you violate these Terms (including academic integrity and recording compliance), pose risk, or as required by law.

11.3 Effect. Upon termination, your license ends and you must cease use. Sections intended by their nature to survive will survive.

12. Disclaimers

12.1 AS IS; AS AVAILABLE. To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE,” with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise (including warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement).

12.2 No Guarantee. We do not warrant uninterrupted or error-free operation, that defects will be corrected, that content (including AI-generated content) will be accurate, complete, or reliable, or that the Services will meet your requirements or achieve any particular outcome.

13. Limitation of Liability

13.1 No Indirect Damages. To the fullest extent permitted by law, IntelliHoodie and its affiliates, officers, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; loss of profits, revenues, goodwill, data, or use; business interruption; or cost of substitute services, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.

13.2 Cap. To the fullest extent permitted by law, our total cumulative liability for any claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the amounts you paid to IntelliHoodie in the twelve (12) months preceding the event giving rise to the claim, or (b) $100.

13.3 Basis of the Bargain. The limitations in this Section are fundamental elements of the bargain between you and IntelliHoodie.

14. Indemnification

You agree to defend, indemnify, and hold harmless IntelliHoodie and its affiliates, officers, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) violation of these Terms (including Sections 3.1 and 3.2); or (d) violation of any third-party rights or laws (including recording/consent laws and academic policies).

15. Dispute Resolution; Arbitration; Class Action Waiver

15.1 Informal Resolution. Before filing a claim, you agree to try to resolve it informally with us by sending written notice to the address in Section 19.

15.2 Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will occur in Summit County, Ohio, in English, before a single arbitrator. Judgment on the award may be entered in any court with jurisdiction.

15.3 Class Action Waiver. You and IntelliHoodie agree to arbitrate only on an individual basis. Class, collective, consolidated, or representative actions are not permitted.

15.4 Opt-Out. You may opt out of arbitration within 30 days of first agreeing to these Terms by sending a written notice to the address in Section 19 with your name, account email, and a clear statement of your intent to opt out.

15.5 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court for actual or threatened misuse of intellectual property or confidential information.

16. Compliance, Export, and Sanctions

You agree to comply with all applicable export control and sanctions laws. You will not use the Services if you are located in, or are a resident or national of, any country subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted party list.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted to our website or app and are effective upon posting unless stated otherwise. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Ohio, excluding conflict-of-law rules and the Federal Arbitration Act for arbitration-related matters. Subject to Section 15, the state and federal courts located in Summit County, Ohio, shall have exclusive jurisdiction.

19. Contact

20. Entire Agreement; Miscellaneous

20.1 Entire Agreement. These Terms (and any policies referenced herein, including our Privacy Policy) constitute the entire agreement between you and IntelliHoodie regarding the Services and supersede prior agreements.

20.2 Severability. If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary so that the Terms remain in full force.

20.3 Assignment. You may not assign or transfer these Terms; we may assign or transfer them without restriction.

20.4 Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

20.5 Headings. Headings are for convenience only and do not affect interpretation.

Jurisdiction-Specific Notices (Illustrative; Not Exhaustive)

California: If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA/CPRA) as described in our Privacy Policy.

EU/UK/EEA: If applicable, our Privacy Policy provides information regarding lawful bases, data subject rights, and international transfers.