Last Updated: August 12, 2026
These Terms of Service (the "Terms") form a binding contract between you and Hesperos Labs LLC, a New York limited liability company ("Vesper," "we," "us," or "our"). They govern your access to and use of shopvesper.com and the related features, content, and tools we make available (together, the "Services").
By joining our waitlist, creating an account, or otherwise using the Services, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not use the Services.
Our Privacy Policy describes how we handle personal information and is incorporated into these Terms by reference.
Please read Section 17 carefully. It requires most disputes to be resolved through individual arbitration and waives your right to a jury trial and to participate in class actions, unless you opt out within 30 days.
You must be at least 18 years old to create an account or use the Services. By using the Services, you represent that you are 18 or older. The Services are not directed to anyone under 18, and we do not knowingly collect personal information from anyone under 18. If we learn that a user is under 18, we will close the account and delete the associated information.
You also confirm that you are not barred from using the Services under applicable law or under U.S. sanctions or export-control rules, and that you have the legal capacity to enter into these Terms.
We may modify our eligibility requirements or decline to provide the Services to anyone, at any time.
You will need an account to use most features. You agree to provide accurate information when registering and to keep it current.
You are responsible for keeping your password confidential and for activity that occurs under your account. Do not share your login credentials, and do not sell, transfer, or allow others to use your account. Notify us promptly at hello@shopvesper.com if you suspect unauthorized access.
We may require you to change a username that impersonates another person, infringes someone's rights, or is offensive. You do not acquire ownership rights in your account or username.
You may close your account at any time by emailing hello@shopvesper.com.
Vesper uses artificial intelligence to help you find clothing, accessories, and other style products, based on information you give us — including photos you upload, images you save to an inspiration board, and preferences you set. You should understand the following:
The Services link to products sold by third-party retailers. When you follow a link and make a purchase, that transaction is solely between you and the retailer, governed by the retailer's own terms, privacy policy, return policy, and warranties. We are not a party to it, and we are not responsible for retailers' products, pricing, shipping, returns, refunds, customer service, or conduct. Linking to a retailer is not an endorsement of it.
Affiliate disclosure. We earn a commission on some purchases made through links on the Services. This never changes the price you pay, and it does not influence which products we show you — our recommendations are generated independently of whether a product carries a commission or how large that commission is.
You may upload photos — including photos of yourself, photos of other people, and images saved to an inspiration board — so that we can find products similar to what appears in them.
Your representations. By uploading any image, you represent and warrant that:
How we use uploaded images. We process uploaded images to identify visual attributes such as garment type, color, pattern, and silhouette, and to search for similar products. We do not use uploaded images to train our AI models. We do not display your uploaded images or inspiration boards to other users, and we do not publish, distribute, or license them. See Section 2 of our Privacy Policy for how long we keep them.
We are not identifying people. Vesper analyzes clothing and visual style. We do not use uploaded images to identify or recognize individuals.
Removal requests. If you appear in an image uploaded by someone else and want it removed, email us at hello@shopvesper.com. If you hold rights in an image and believe it was uploaded without authorization, see Section 10.
What it covers. "Your Content" means anything you upload, submit, or create through the Services, including uploaded photos, inspiration boards, profile photos, usernames, style preferences, sizes, saved items, and messages to us.
You keep ownership. You retain all rights you already hold in Your Content. These Terms do not transfer ownership to us.
License you grant us. You grant Vesper a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and adapt Your Content solely to operate, secure, and provide the Services to you — including analyzing your images and preferences to generate results for you. We may sublicense these rights only to our hosting, storage, and processing providers acting on our behalf and bound to equivalent restrictions. This license does not permit us to publish Your Content, display it publicly, distribute it, license it to others, or use it for advertising.
No model training. We do not use Your Content to train our AI models. If that ever changes, we will update these Terms and our Privacy Policy and give you advance notice and an opportunity to opt out before any such use begins.
Removal. You may request deletion of any of Your Content, or of your entire account, by emailing hello@shopvesper.com. We may remove content that we believe violates these Terms or the law. Copies may persist in backups for a limited period after deletion.
You agree not to:
The Services, including the software, models, design, text, graphics, and our trademarks and logos, are owned by us or our licensors and protected by intellectual property laws. Product images, brand names, and retailer content belong to their respective owners.
Subject to and expressly conditioned on your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, non-commercial purposes. This license terminates automatically if you breach these Terms, and any access to or use of the Services beyond its scope — including any conduct described in Section 8 — is unauthorized and outside the permission granted here. All rights not expressly granted are reserved.
If you believe content on the Services infringes your copyright, send a notice to our designated agent, registered with the U.S. Copyright Office:
DMCA Agent
Hesperos Labs LLC
169 Madison Ave STE 99276
New York, NY 10016
Phone: 201-580-5522
Email: hello@shopvesper.com
Your notice must include:
We will respond to valid notices as required by the Digital Millennium Copyright Act. We terminate the accounts of repeat infringers in appropriate circumstances. If you believe your content was removed in error, you may submit a counter-notice to the same address. Misrepresentations in a notice or counter-notice can carry liability under 17 U.S.C. § 512(f).
The Services are currently offered free of charge. We may introduce paid features or subscriptions in the future. If we do, we will publish separate billing terms — covering pricing, automatic renewal, cancellation, and refunds — and obtain your agreement to them before charging you. Nothing in these Terms authorizes us to charge you.
We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms or the law, if your account creates risk or legal exposure for us, or if we discontinue the Services. Where practical and lawful, we will give you notice and an opportunity to respond.
Sections 6, 7, 9, 13, 14, 15, 17, 18, and 20 survive termination, along with any other provision that by its nature should survive.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RESULT, PRODUCT DESCRIPTION, PRICE, OR OTHER INFORMATION PRESENTED THROUGH THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. YOU USE THE SERVICES AND RELY ON ANY RESULT AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
If you use the Services for any commercial purpose, or in breach of Section 6 or Section 8, you agree to indemnify and hold harmless Vesper and its officers, members, employees, and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of that use or breach. We may assume exclusive control of the defense of any such claim at our own cost, in which case you agree to cooperate.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VESPER NOR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law, including for fraud, gross negligence, or willful misconduct.
We may update these Terms. If the changes are material, we will notify you by email or through the Services at least 30 days before they take effect and update the "Last Updated" date above. Changes apply prospectively. Any dispute will be resolved under the version of these Terms in effect when the dispute arose. If you continue using the Services after the effective date, you accept the revised Terms; if you do not agree, stop using the Services and close your account before that date.
This section does not apply to consumers in the European Economic Area, Switzerland, or the United Kingdom. If you are such a consumer, Section 18 governs.
Before starting arbitration or any other legal proceeding, you must send us a Notice of Dispute, and we must send you one, and the parties must complete the process in this subsection. Neither party may initiate arbitration or litigation until it is complete.
A Notice of Dispute must be emailed to hello@shopvesper.com and must include: your full name; the email address associated with your account; your country of residence and, if you reside in the United States, your state of residence; the name of your counsel, if you are represented; a detailed description of the dispute and the harm you claim; the relief you are seeking; and your signature. A Notice of Dispute may be submitted on behalf of only one individual — a notice asserting the claims of more than one person is ineffective.
We will respond within 60 days and attempt to resolve the dispute informally. After 60 days have elapsed, either party may initiate arbitration.
If the dispute is not resolved informally, you and Vesper each agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration, or in small claims court for qualifying claims, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. Where those rules conflict with these Terms, these Terms govern. The arbitrator will issue a reasoned written decision, and judgment on the award may be entered in any court of competent jurisdiction.
The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.
Either party may bring an individual claim in small claims court, and either party may seek temporary injunctive relief in court or in arbitration to preserve the status quo, to enforce this arbitration agreement, or to protect intellectual property rights.
YOU AND VESPER EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. All disputes must be brought in the party's individual capacity. If this subsection is found unenforceable, the entirety of Section 17 is void and Section 18 governs.
If 25 or more arbitration demands raising similar claims are filed against us within a 60-day period, or are filed with the assistance of the same law firm or coordinated group of law firms, the parties agree that AAA will group the demands into batches of no more than 50. AAA will administer each batch as a single consolidated arbitration with one arbitrator and one set of filing and administrative fees per side, per batch. Demands are similar if they arise from similar facts, raise similar legal issues, and seek similar relief. Any disagreement about similarity will be decided by a single arbitrator whose fees we will pay.
Filing, administrative, and arbitrator fees will be allocated under the AAA Rules. We will pay these fees for claims seeking less than $10,000, except where the arbitrator determines that a claim was frivolous or brought for an improper purpose, in which case the arbitrator may allocate fees to the party that brought it.
Arbitration will take place in New York County, New York, or by videoconference or on documents alone at your election where the AAA Rules permit.
You may opt out of Section 17 by emailing hello@shopvesper.com within 30 days of first accepting these Terms, with your name, the email address on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms and will not affect your use of the Services.
If you are a consumer in the European Economic Area, Switzerland, or the United Kingdom, these Terms are governed by the law of the country where you live, and disputes may be brought in the courts of that country.
In all other cases, these Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and for any dispute not subject to Section 17, you and we consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
We operate the Services from the United States and make no representation that they are appropriate or available elsewhere. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Nothing in these Terms limits any non-waivable statutory rights you have under local law.
Entire agreement. These Terms and the documents referenced in them are the entire agreement between you and us regarding the Services.
Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest of the Terms will remain in effect.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, with reasonable notice to you.
Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices, agreements, and disclosures satisfy any legal requirement that they be in writing.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
No third-party beneficiaries. These Terms create no rights in anyone other than you and us.
Contact. Questions about these Terms: hello@shopvesper.com.
Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.