Draft for review. Prepared 17 September 2026 by Always On Top Entertainment LLC. This draft is not legal advice and is not offered for signature until a licensed attorney has reviewed it. It is published so a retailer's counsel can see the intended terms before a pilot starts.
Always On Top Entertainment LLC, a Florida limited liability company with its principal place of business in Port St. Lucie, Florida ("Dress Aloud"), and the retailer named in the signature block ("Retailer").
Dress Aloud provides, through a script the Retailer places on its product pages (the "Widget") and through an application programming interface (the "API"), a spoken fit verdict for shoppers who are blind or have low vision: a picture of the shopper wearing the item on the shopper's own photograph, a description, one of four fixed verdict forms, an assessment whose numbers are checked in code against the Retailer's size chart and the shopper's measurements, a return-risk level, and a monthly record of use. The service is described at dressaloud.com/enterprise and in the technical reference Dress Aloud supplies. The method is the subject of United States patent application No. 64/157,256.
The pilot runs sixty (60) days from the day Dress Aloud issues the Retailer's keys. During the pilot the Retailer receives, at no charge, a pool of verdict credits stated in the pilot letter (one credit is one verdict, whether spoken from the Retailer's page or returned by the API), and may register up to the number of items stated there. Either party may end the pilot at any time by written notice. At the end of the pilot the parties may agree fees in writing under section 5; if no fees are agreed, the keys are switched off and section 6 applies to any data held.
None during the pilot. After the pilot, fees are only as quoted by Dress Aloud in writing and accepted by the Retailer in writing: a price per verdict, a price per try-on from the Retailer's pages, and any monthly minimum. Invoices are monthly, from the Retailer's own monthly record, payable within thirty days. Model and hosting costs are Dress Aloud's.
| Reaches Dress Aloud | Item facts; through the API, the shopper's measurements and the size considered; through the Widget, the fact that a try-on started from the Retailer's page and its origin; if the Retailer sends it, an opaque shopper reference and fit outcomes (fit and kept, ran large, ran small, returned) under that reference, stored only as a hash of the reference. |
|---|---|
| Does not reach Dress Aloud from the Retailer | Shopper names, emails, addresses, order numbers, payment details. |
| Never reaches the Retailer | The shopper's photograph, the generated picture, the shopper's measurements, the assessment text. The Retailer's page receives, per try-on, only the verdict form, the return-risk level, the size and the item identifier. |
| Model provider | Google Gemini, under Dress Aloud's paid API terms, as a service provider; inputs are not used to train Google's models. Dress Aloud does not sell data and shows no advertising. |
| Retention | Item facts: until the Retailer deletes them or the account ends, then thirty days. Try-on inputs: processed and discarded, not written to disk. Shopper fit records under a reference: until the Retailer deletes them, the account ends, or one year without use. Monthly counters: kept as records of the account. |
| Export and deletion | The Retailer can export or delete any shopper fit record at any time through the API, and can delete its items. On termination Dress Aloud deletes the Retailer's items and shopper fit records within thirty days of a written request. |
| Security | Keys are stored only as hashes; the secret key is delivered once through a one-time link; traffic is encrypted in transit; each Retailer's data is isolated from every other Retailer's by account. Dress Aloud will tell the Retailer within seventy-two hours of learning of any unauthorized access to the Retailer's data. |
During the pilot the service is provided as is, with reasonable care, and without a committed uptime. Dress Aloud monitors the service every five minutes and publishes its measured honesty results at dressaloud.com/honesty. Support is by email at mike@dressaloud.com, answered on business days. A service level, with credits for downtime, may be agreed in writing after the pilot.
The Retailer will not use the service to make statements to shoppers that the service did not make, will not remove or alter the verdict wording, will not present the Widget's output as the Retailer's own guarantee of fit, and will not attempt to extract the model, the guard, or another Retailer's data. Dress Aloud may suspend keys used in breach of this section.
Dress Aloud owns the service, the Widget script, the API, the verdict method and all improvements. The Retailer receives a non-exclusive, non-transferable license to place the Widget on its pages and call the API for the pilot and any paid term that follows, and no other license. The Retailer owns its item facts and its shopper references. Neither party may use the other's name or marks in public statements without written consent, except that Dress Aloud may state that the Retailer is a pilot customer once the Retailer agrees in writing.
Dress Aloud warrants that it will provide the service as described in section 2 with reasonable skill. The verdict is an aid to a shopper's own decision and not a guarantee that a garment will fit; the Retailer's return policy governs returns. Except as stated here, the service is provided without other warranties. Neither party is liable to the other for indirect or consequential loss. Each party's total liability under this agreement is limited to the fees paid or payable in the twelve months before the claim, and during the pilot, to one thousand dollars, except for a breach of section 6 or section 8 or for a party's own willful misconduct.
This agreement runs for the pilot and any paid term agreed in writing. Either party may end it for convenience on thirty days' written notice, and at once on the other's material breach not cured within fifteen days of notice. Sections 6, 9 and 10 survive termination. This agreement is governed by the laws of the State of Florida; the courts of St. Lucie County, Florida have exclusive jurisdiction. It is the whole agreement on its subject and may be changed only in a writing signed by both parties.
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Patent pending. U.S. Application No. 64/157,256.