Design Cycle Solutions / Ratava, Inc.

Terms of Use

These Terms of Use govern access to and use of the Design Cycle Solutions public website. By accessing this website, you agree to be bound by these Terms.

Effective Date: June 1, 2026 | Last Revised: June 1, 2026

CONTENTS

1. Acceptance of Terms

2. About Design Cycle Solutions

3. Eligibility and Access

4. Permitted Use

5. Prohibited Conduct

6. Intellectual Property

7. Artificial Intelligence Disclosure

8. Human Body Data — Restrictions

9. Confidentiality and Proprietary Information

10. Disclaimers

11. Limitation of Liability

12. Indemnification

13. Third-Party Links and Content

14. Privacy

15. Modifications to These Terms

16. Governing Law and Dispute Resolution

17. Miscellaneous

18. Contact Information

1. Acceptance of Terms

By accessing or using the Design Cycle Solutions public website located at designcyclesolutions.com (the "Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you are accessing the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" refers to that entity.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

2. About Design Cycle Solutions

Design Cycle Solutions ("DCS," "we," "us," or "our") is a division of Ratava, Inc., a Delaware C-Corporation and Women-Owned Small Business (WOSB). DCS develops technology solutions for the apparel and fashion industry, including body measurement infrastructure, fit-matching platforms, and tech pack tools.

The Website is primarily directed toward business users, including apparel brands, retailers, manufacturers, and enterprise technology partners (collectively, "Business Users"). Individual consumers may access certain informational areas of the Website but are subject to these same Terms.

3. Eligibility and Access

To access the Website, you represent and warrant that:

• you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;

• you have the legal capacity and authority to enter into a binding agreement;

• your use of the Website does not violate any applicable law, regulation, or these Terms; and

• if acting on behalf of an entity, you have the authority to bind that entity.

We reserve the right to deny or restrict access to the Website, in whole or in part, at our sole discretion and without prior notice.

4. Permitted Use

Subject to these Terms, DCS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for lawful business purposes consistent with the intended function of the Website, including:

• reviewing information about DCS products and services;

• submitting inquiries or requests for information;

• downloading publicly available materials for internal business evaluation; and

• accessing any tools or demonstrations made available to authorized users.

This license does not include the right to sublicense, resell, reproduce, distribute, publicly display, or create derivative works from any content on the Website without our prior written consent.

5. Prohibited Conduct

You agree that you will not, directly or indirectly:

• use the Website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;

• attempt to gain unauthorized access to any portion of the Website, its servers, or any systems or networks connected to the Website;

• use automated tools, bots, scrapers, or data extraction technologies to collect content or data from the Website without our express written permission;

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of any software or technology associated with the Website;

• reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content for any commercial purpose without our prior written consent;

• transmit any material that is defamatory, obscene, fraudulent, deceptive, threatening, harassing, or otherwise objectionable;

• interfere with or disrupt the integrity or performance of the Website or the data contained therein;

• use the Website to collect, process, upload, or transmit human body measurement data, biometric data, or any personal biometric identifiers through unauthorized channels or in violation of Section 8 of these Terms; or

• impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Intellectual Property

6.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, software, data structures, algorithms, parametric models, avatars, body measurement schemas, and technical documentation — are the exclusive property of Ratava, Inc. / Design Cycle Solutions and are protected by U.S. and international intellectual property laws, including copyright, trademark, trade secret, and patent law.

6.2 Trademarks

"Design Cycle Solutions," "DCS," "APOTHEOSIS," "DCiQ," "Shop by Measure," "AFT," and "Ratava" are trademarks or service marks of Ratava, Inc. You may not use these marks without our prior written permission. Nothing in these Terms grants any license to use our trademarks.

6.3 Proprietary Technology

DCS's parametric body measurement systems, avatar architectures, encrypted file formats, and related technical infrastructure constitute proprietary trade secrets. Any unauthorized access to, reproduction of, or disclosure of such technology is strictly prohibited and may give rise to civil and criminal liability.

6.4 Feedback

If you provide any suggestions, ideas, feedback, or other input regarding the Website or DCS products, you grant DCS a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, and incorporate such feedback without restriction or compensation to you.

7. Artificial Intelligence Disclosure

DCS develops and operates Small Language Model (SLM) systems — purpose-built, domain-specific AI models designed for apparel and body measurement applications. DCS does not develop general-purpose Large Language Model (LLM) systems.

In the course of operating the Website and developing our products and services, DCS may use third-party AI-assisted tools for internal functions including design, development, research, and content production. These tools are used by DCS personnel as professional productivity aids and are subject to DCS's internal data governance policies.

DCS does not permit human body measurement data, biometric identifiers, or personally identifiable body scan data to be processed through, submitted to, or used as training input for any third-party AI system. See Section 8 for full details.

AI-generated or AI-assisted content on the Website, where applicable, is reviewed by DCS personnel prior to publication. DCS makes no representation that any specific content was or was not produced with AI assistance unless expressly stated.

Our AI use is governed by applicable law, including emerging federal and state AI transparency and disclosure requirements. We will update this disclosure as legal requirements evolve.

8. Human Body Data — Restrictions

8.1 Scope of Restriction

DCS collects, processes, and stores human body measurement data and related biometric information as part of its core platform services. This section establishes binding restrictions on how such data may be handled in connection with AI systems. We will never use the 3d forms of our scanned subjects in any AI tools.

8.2 Prohibition on AI Injection

The following categories of data are strictly prohibited from being submitted to, processed by, or used as input or training data for any artificial intelligence system — including any SLM, LLM, generative AI, machine learning pipeline, or automated inference system — without explicit written authorization from DCS and, where required, from the individual data subject

• 3D body scan data and parametric body geometry;

• biometric identifiers as defined under applicable law (including BIPA, GDPR, and analogous state statutes);

• avatar configurations derived from or linked to an identified individual; and

• any data that, alone or in combination, could identify an individual's physical characteristics.

8.3 Applicability

This restriction applies to DCS personnel, contractors, integration partners, API licensees, and any third party who obtains access to body data through DCS systems or under a DCS licensing agreement. Violation of this restriction constitutes a material breach of these Terms and any applicable data processing agreement.

8.4 Permitted AI Use of Body Data

The only permitted AI use of body measurement data is within DCS's own proprietary SLM systems, which are purpose-built for fit prediction and apparel sizing, operate within DCS's controlled infrastructure, and are subject to DCS's biometric data governance framework and applicable regulatory requirements.

9. Confidentiality and Proprietary Information

In the course of exploring a business relationship with DCS, you may receive or become aware of non-public information about DCS's technology, business plans, pricing, or operations. You agree to hold such information in strict confidence, not to disclose it to any third party without DCS's prior written consent, and to use it solely to evaluate a potential business relationship with DCS.

This obligation survives termination of your use of the Website and any business relationship with DCS. It does not apply to information that is or becomes publicly available through no fault of yours, or that you can demonstrate was independently developed by you without reference to DCS's confidential information.

10. Disclaimers

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DCS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DCS does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. DCS does not warrant the accuracy, completeness, or timeliness of any content on the Website.

Nothing on the Website constitutes legal, financial, technical, or professional advice. You should consult qualified professionals before making business decisions based on information found on the Website.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DCS, RATAVA, INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability is limited to the greatest extent permitted by law. In no event shall DCS's total aggregate liability to you exceed one hundred U.S. dollars ($100.00).

12. Indemnification

You agree to defend, indemnify, and hold harmless DCS, Ratava, Inc., and their respective officers, directors, employees, agents, contractors, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your access to or use of the Website;

• your violation of these Terms;

• your violation of any applicable law or third-party right; or

• any content or data you submit to or through the Website.

13. Third-Party Links and Content

The Website may contain links to third-party websites, platforms, or resources. These links are provided for convenience only and do not constitute an endorsement by DCS of the linked site or its content. DCS has no control over third-party sites and is not responsible for their content, privacy practices, or availability.

Your use of any third-party website is subject to the terms and policies of that website. DCS expressly disclaims any liability arising from your use of third-party resources accessed through the Website.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, available at designcyclesolutions.com/privacy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

To the extent you provide or access any personal data or biometric information in connection with DCS's platform services, such data is also subject to any applicable Data Processing Agreement or Biometric Data consent framework you have entered into with DCS.

15. Modifications to These Terms

DCS reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Revised" date at the top of this document and post the revised Terms on the Website. We may also provide notice through other means at our discretion.

Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Website.

We encourage you to review these Terms periodically. For enterprise clients, material changes to Terms that affect existing contractual obligations will be communicated directly.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Website shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent federal law applies, it shall govern.

16.2 Informal Resolution

Before initiating formal legal proceedings, you agree to contact DCS at legal@designcyclesolutions.com and attempt in good faith to resolve the dispute informally for a period of thirty (30) days.

16.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Website — except for claims for injunctive or other equitable relief — shall be resolved by binding arbitration administered by JAMS under its then-current Commercial Arbitration Rules. The arbitration shall be conducted in Delaware or remotely, at the election of DCS. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

16.4 Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought on an individual basis only.

16.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

17. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and DCS with respect to the Website and supersede all prior agreements and understandings.

• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

• Waiver. DCS's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

• Assignment. You may not assign or transfer these Terms or any rights under them without DCS's prior written consent. DCS may assign these Terms freely.

• No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and DCS.

• Force Majeure. DCS shall not be liable for any failure or delay in performance due to causes beyond its reasonable control.

• Export Compliance. You agree to comply with all applicable U.S. export control laws in connection with your use of the Website.

18. Contact Information

Questions or concerns regarding these Terms of Use should be directed to:

Legal Inquiries: sue@designcyclesolutions.com

General Contact: team@designcyclesolutions.com

Website: designcyclesolutions.com

Mail: Ratava, Inc., Attention: Legal Department