Terms of Service
Last updated: May 15, 20241. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and TryFit ("we," "our," or "us") governing your access to and use of the TryFit platform, website, and services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Description of Service
TryFit provides a virtual try-on platform that allows users to visualize how clothing items might look on them using artificial intelligence and image processing technology. Our Service may include:
- Virtual try-on of clothing items
- Image processing and generation
- User accounts and profiles
- Subscription services and premium features
3. User Accounts
To access certain features of the Service, you may need to create an account. You are responsible for:
- Providing accurate and complete information
- Maintaining the security of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.
4. User Content and License
Our Service allows you to upload, submit, store, and share content, including images ("User Content"). By uploading User Content to the Service:
- You retain all ownership rights to your User Content
- You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and process your User Content for the purpose of providing and improving the Service
- You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third party's rights or applicable laws
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Engage in any activity that interferes with or disrupts the Service
- Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity
- Collect or store personal data about other users without their consent
6. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of TryFit and its licensors. The Service is protected by copyright, trademark, and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
7. Subscription and Payments
We may offer subscription-based access to certain features of the Service. By subscribing:
- You agree to pay all fees in accordance with the pricing and payment terms presented to you
- Subscriptions automatically renew unless canceled before the renewal date
- You authorize us to charge your chosen payment method for subscription fees
- Prices may change with notice before billing
- Refunds are provided in accordance with our refund policy
Payment processing is handled by third-party payment processors (such as Stripe and Paddle), and your use of these services is subject to their terms and conditions.
8. Third-Party Authentication
We may offer the ability to sign in using third-party authentication services (such as Google Auth). Your use of these services is subject to their respective terms and conditions. We are not responsible for the practices of these third-party services.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.
The virtual try-on results are generated using AI technology and are for visualization purposes only. We do not guarantee that the generated images will accurately represent how clothing items will look in reality.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRYFIT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
11. Indemnification
You agree to defend, indemnify, and hold harmless TryFit and its licensees, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
12. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
14. Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TryFit regarding our Service and supersede all prior agreements and understandings.
18. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@tryfit.com
Address: 123 Tech Street, San Francisco, CA 94105, USA