Terms of Service

1. The agreement

By creating an account, accessing, or using ONTHEBIAS you agree to these terms. If you don't, don't use the service. ONTHEBIAS is operated by ONTHEBIAS, Inc., a Delaware corporation.

2. Your account

You're responsible for activity on your account, for keeping your password secure, and for the truthfulness of any information you provide. We can suspend accounts engaged in fraud, abuse, scraping, or any activity that puts the service or other users at risk.

3. Subscriptions, credits, billing

Paid plans are billed in advance on the cadence shown at checkout and renew automatically until cancelled. Purchased credit packs are one-off and do not expire. Pricing is agreed with you directly while the platform is invite-only.

Promotional, free, gifted, and referral credits may carry their own expiry or usage rules, which we surface at the time they are issued.

We may change the pricing, credit-cost per action, or the credit expiration policy going forward. Material changes to any of these are announced in-app and by email at least 30 days before they take effect. Credit balances in your workspace at the time of any policy change are honored per the policy in force when they were granted or purchased.

Failed payments suspend further service use after a 7-day grace period. We'll notify you in-app and by email before suspension.

4. AI generation

ONTHEBIAS uses third-party AI models to generate mockups, flat sketches, tech-pack content, and to power OBIE chat. AI output may contain inaccuracies. You're responsible for reviewing every generated artifact before using it commercially - especially tech packs sent to suppliers.

You retain ownership of inputs and outputs you create through the service. We claim no ownership of your designs.

We do not use your design content, uploads, or generated outputs to train any AI model we own, and we do not permit our third-party AI providers to train their models on your content. This is the default and it applies to every account. We may in the future offer separate, per-workspace opt-in programs that let you consent to your content being used to train an ONTHEBIAS-owned model in exchange for defined benefits (for example, credits or preview access). Any such program requires your explicit opt-in and is revocable at any time.

5. Acceptable use

You agree not to:

• Generate, upload, or distribute content that infringes a brand, trademark, copyright, right of publicity, or trade dress you don't own or aren't licensed to use.
• Generate adult, illegal, defamatory, harassing, deceptive, or harmful content, or content that depicts real minors in any sexualized context.
• Scrape, mirror, or systematically extract the asset library, AI output, supplier directory, or any other portion of the service.
• Reverse-engineer, resell, sublicense, or benchmark the service for the purpose of building a competing product or dataset.
• Use the service to solicit, recruit, or transact with suppliers you first met through the platform outside of it in order to avoid platform fees.
• Use the service in violation of applicable law, including US export controls and OFAC sanctions.

We use automated and manual review to enforce these. Violations may result in immediate suspension without refund, removal of offending content, and where warranted, referral to rights holders or authorities.

6. Library content

Asset library content (flat sketches, design extras, tech-pack templates, croquis, trend reports, e-books) is licensed for your use within your own design work and the products you ship. You may not redistribute the source files or repackage them as a competing asset library.

7. Marketplace orders

ONTHEBIAS operates a two-sided marketplace that connects designers and brands ("buyers") with independent third-party manufacturers, mills, and finishers ("suppliers"). This section governs how those transactions work.

Our role. ONTHEBIAS is a technology platform and payment facilitator. We are not the manufacturer, not a party to your production contract with the supplier, and not your agent or fiduciary. We do not take title to goods, we do not inspect goods before shipment unless you buy a separate paid inspection service from us, and we do not warrant the quality, timing, or specification of goods produced by suppliers. The production contract is directly between you and the supplier, governed by the quote you accept and, where applicable, the supplier's own terms.

Quotes and acceptance. Suppliers respond to your RFQs with quotes that include unit cost, minimum order quantity, lead time, sampling terms, payment schedule, and any supplier-specific conditions. When you accept a quote and pay the required deposit or full amount, a production contract forms between you and that supplier on the terms of the quote. ONTHEBIAS presents and processes the quote but is not a signatory.

Payments and payouts. ONTHEBIAS charges your payment method for the amount stated in the quote, holds the funds, and disburses them to the supplier in accordance with the payment schedule in the quote (typically a deposit at order confirmation and a balance at shipment, or milestone payments for larger orders). ONTHEBIAS may retain a marketplace fee, disclosed either in the quote or in your pricing plan. Chargebacks or refund reversals initiated by you against a payment already disbursed to a supplier may be recovered from you by ONTHEBIAS or from the supplier at our discretion.

Title, risk of loss, shipping, customs, and duties. Unless the quote says otherwise, title and risk of loss pass to you when the supplier tenders the goods to the carrier (Incoterms FCA at supplier facility). You are responsible for shipping arrangements you elect, and for all import duties, taxes, customs clearance, and destination-country compliance. Suppliers are responsible for export clearance at origin.

Quality, defects, and non-performance. The supplier - not ONTHEBIAS - is responsible for meeting the specification, quality standard, and delivery date in the accepted quote. If goods are defective, late, short-shipped, or non-conforming, you must raise the issue with the supplier through the platform within 14 days of receipt. ONTHEBIAS will make reasonable efforts to help mediate a resolution (including holding disputed funds where lawful and safe to do so, and helping you document the dispute) but ONTHEBIAS is not liable for the supplier's performance and does not warrant that any mediation will succeed. If the dispute cannot be resolved on the platform, you retain your legal remedies against the supplier under the production contract.

Cancellation and refunds. Once a supplier begins work on your order (including sample production, material sourcing, or bulk cutting), the amounts allocated to work-in-progress are generally non-refundable. Refund eligibility, cancellation windows, and remedies are governed by the accepted quote. ONTHEBIAS-side platform fees are non-refundable once an order is confirmed.

No supplier warranty from us. Supplier profiles, capability tags, minimum-order quantities, lead times, and prior-work photos are provided by the suppliers themselves. ONTHEBIAS reviews suppliers on entry and periodically thereafter, but we do not guarantee the accuracy of supplier-provided information, do not audit factories except where we explicitly say so, and do not warrant that any supplier will meet a particular quality, ethical, or compliance standard.

8. Indemnification

You agree to defend, indemnify, and hold harmless ONTHEBIAS, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• any content you submit, upload, generate, or transmit through the service, including designs, prompts, uploaded images, tech packs, and communications with suppliers;
• your infringement or alleged infringement of any third party's intellectual property, publicity, or privacy rights, including trademarks and copyrights of any brand you do not own or are not authorized to use;
• your breach of the Acceptable Use section or any other section of these terms;
• your production contracts with suppliers, including any dispute over quality, timing, payment, or delivery;
• your commercialization of AI outputs generated on the platform, including the sale, distribution, or manufacture of goods based on those outputs;
• your violation of any law or regulation, including consumer-protection, product-safety, labor, customs, tax, export-control, and sanctions law.

Process. We will notify you in writing of any claim for which we seek indemnification. You will control the defense and settlement of the claim, provided that (a) you use counsel reasonably acceptable to us, (b) you do not settle any claim that imposes any liability or obligation on us without our prior written consent, and (c) we may participate in the defense at our own expense with counsel of our choosing. If you fail to promptly assume the defense, we may do so at your cost.

9. Termination

You can cancel your subscription anytime from the billing page; access continues until the end of the paid period. We may terminate or suspend access if you breach these terms, if we're required to by law, or if we discontinue the service. On termination you can export your data within 30 days; after that we may delete it. Sections that by their nature should survive termination (including indemnification, limitation of liability, warranty disclaimer, dispute resolution, and any accrued payment obligations) survive.

10. Warranty disclaimer

The service is provided "as is" and "as available". To the maximum extent permitted by law, ONTHEBIAS disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, title, and any warranty arising from course of dealing or usage of trade. We don't warrant that the service will be uninterrupted, error-free, secure, or that AI output will meet any specific standard. We don't warrant the performance, quality, safety, ethics, or compliance of any supplier or their goods. Nothing in these terms excludes liability that cannot be excluded under applicable law, including consumer-protection law in the European Union, United Kingdom, or your country of residence.

11. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or related to your use of the service is capped at the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (US $100).

In no event will ONTHEBIAS be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

The caps and exclusions in this section do not apply to (a) your indemnification obligations, (b) your payment obligations, (c) either party's liability for fraud, willful misconduct, or gross negligence, or (d) any liability that cannot be limited under applicable law - including, for consumers in the European Union, United Kingdom, and other jurisdictions with mandatory consumer-protection statutes, any rights those statutes preserve.

12. Dispute resolution and arbitration

Informal resolution first. Before filing any formal claim, you agree to try to resolve the dispute informally by emailing info@onthebias.co with a description of the claim and the relief you seek. You and ONTHEBIAS agree to negotiate in good faith for at least 30 days before initiating any arbitration or lawsuit.

Binding arbitration (US users). Any dispute not resolved informally will be settled by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware, and decided by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except where a statute or the arbitrator's award provides otherwise.

Class-action and jury waiver. You and ONTHEBIAS each waive the right to bring or participate in a class, collective, or representative action, and each waive the right to a trial by jury. Claims must be brought in an individual capacity only.

Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the claim stays in that court.

EU, UK, and other consumer-law jurisdictions. If you are a consumer resident in the European Union, European Economic Area, United Kingdom, Switzerland, or another jurisdiction whose law does not permit pre-dispute binding arbitration or class waivers in consumer contracts, the arbitration and class-waiver provisions above do not apply to you to the extent prohibited. Your mandatory statutory rights and the courts of your habitual residence remain available to you, and you may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr where applicable.

Opt-out. You may opt out of the arbitration and class-waiver provisions of this section by emailing info@onthebias.co with the subject line "Arbitration Opt-Out" within 30 days of first accepting these terms. Opting out does not affect any other section of these terms.

13. Governing law and forum

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. Subject to the arbitration and small-claims provisions above, and subject to the mandatory rights of consumers in their country of residence, any court proceeding will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and both parties consent to personal jurisdiction and venue there.

14. Copyright and IP takedown

We respect intellectual-property rights. If you believe content on the platform infringes your rights, please follow the notice-and-takedown process on our Copyright Policy page. Repeat infringers will have their accounts terminated.

15. Age requirement

You must be at least 16 years old to create an account. If you are under the age of majority in your country of residence, you must have permission from a parent or legal guardian, and they must agree to these terms on your behalf. We do not knowingly collect personal information from children under 13 (or under 16 in jurisdictions where that is the applicable digital-consent age), and we will terminate any account we identify as underage.

16. Export controls and sanctions

You represent that (a) you are not located in, and are not a national or resident of, any country subject to a comprehensive US embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), (b) you are not on any US government restricted-parties list (including the Specially Designated Nationals List maintained by OFAC and the Denied Persons, Entity, or Unverified Lists maintained by the US Commerce Department), and (c) you will not use the service in violation of US export-control or sanctions laws. You will not use the service to design, manufacture, sell, or transmit anything that requires an export license you do not hold.

17. Beta and preview features

From time to time we release features labeled "beta", "preview", "experimental", or similar. Those features are provided as-is, without any warranty, may change or be withdrawn at any time, and may not be subject to the same service levels or security review as the general service. Feedback you provide on beta features is licensed to us on a non-exclusive, royalty-free, perpetual basis so we can act on it in the product.

18. Supplier terms

If you register as a supplier (manufacturer, mill, finisher, or other production partner), your use of the service is also governed by our Supplier Agreement. In case of conflict between these Terms and the Supplier Agreement, the Supplier Agreement controls for matters specific to your supplier relationship with us.

19. General

Entire agreement. These terms, the Privacy Policy, the Cookie Policy, and any documents incorporated by reference (including the Supplier Agreement, the DPA, and the Copyright Policy) are the entire agreement between you and ONTHEBIAS regarding the service, and supersede any prior agreements on the subject.

Severability. If any provision of these terms is held unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving intent.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these terms without our written consent. We may assign these terms without restriction, including in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.

Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, pandemic, government action, internet or infrastructure outages, or third-party service provider failures.

Notices. We may give you notice by in-app message, email to your account address, or posting on the site. You may give us notice by email to info@onthebias.co.

Relationship. Nothing in these terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and ONTHEBIAS, or between you and any supplier or buyer you interact with through the platform.

No third-party beneficiaries. These terms do not create any rights in any person or entity that is not a party to them.

Headings. Section headings are for convenience only and do not affect interpretation.

20. Changes

We may revise these terms. Material changes are announced in-app and by email at least 30 days before they take effect, except where a shorter period is required by law or is necessary for security or legal-compliance reasons. Continued use after a change takes effect means you accept the new terms. Prior versions of the terms are available on request from info@onthebias.co.