These Terms of Service ("Terms") govern your access to and use of the FitCheck mobile application, website, marketplace, and related services (collectively, the "Service"). The Service is operated by FitCheck Lifestyle ("FitCheck", "we", "us", or "our"). By creating an account, joining the waitlist, browsing the website, or using the Service, you agree to these Terms.
1. Eligibility and Accounts
You must be at least 13 years old to use FitCheck. If you are under the age of majority where you live, you may use the Service only with permission from a parent or legal guardian. You agree to provide accurate account information, keep your login credentials secure, and promptly update information that changes.
You are responsible for activity under your account. You may not impersonate another person, create an account for someone else without permission, sell or transfer your account, or use FitCheck in a way that violates applicable law.
2. User-Generated Content
FitCheck lets users upload outfit photos, closet items, profile information, comments, messages, marketplace listings, storefront content, and other materials ("User Content"). You retain ownership of your User Content.
By submitting User Content, you grant FitCheck a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt, analyze, distribute, and otherwise use that User Content to operate, provide, improve, personalize, secure, and promote the Service. This includes using photos and closet data to power AI outfit analysis, styling recommendations, virtual try-on, marketplace matching, and related features.
You represent that you have all rights needed to submit your User Content and that it does not infringe, misappropriate, or violate any third-party rights or laws. You may not post content that is unlawful, deceptive, harassing, hateful, sexually exploitative, defamatory, infringing, or otherwise harmful. We may remove or limit User Content at our discretion.
3. Marketplace Transactions
FitCheck may include a peer-to-peer marketplace where users buy and sell fashion items. Sellers are responsible for accurate listings, item authenticity, item condition, pricing, taxes, shipping, and fulfillment. Buyers are responsible for reviewing listings and making informed purchases.
Unless otherwise stated, FitCheck is not the seller of marketplace items and is not a party to transactions between users. We may provide tools for payments, disputes, reviews, shipping, moderation, or fraud prevention, but we do not guarantee any item, listing, seller, buyer, delivery date, or transaction outcome.
4. AI Features and Styling Output
FitCheck may provide AI-powered outfit analysis, weather-aware styling suggestions, closet recommendations, marketplace matching, virtual try-on, and 3D avatar visualization. AI output may be incomplete, inaccurate, or not appropriate for your circumstances. You are responsible for your decisions based on AI output.
5. Intellectual Property
The Service, including software, visual design, logos, trademarks, trade dress, text, graphics, and other materials provided by FitCheck, is owned by FitCheck Lifestyle or its licensors and is protected by intellectual property laws. Except as allowed by these Terms, you may not copy, modify, distribute, sell, reverse-engineer, scrape, or create derivative works from the Service without our written permission.
6. Acceptable Use
You agree not to misuse the Service, interfere with its operation, attempt to access accounts or systems without authorization, upload malicious code, scrape or harvest data without permission, manipulate marketplace activity, sell counterfeit or stolen goods, infringe intellectual property rights, or use FitCheck for unlawful activity.
7. Payments, Fees, and Taxes
Marketplace payments may be processed by third-party payment providers. You agree to comply with their terms. FitCheck may charge fees for marketplace transactions, premium features, promotions, or other services. Any applicable taxes, duties, or shipping costs are your responsibility unless stated otherwise.
8. Third-Party Services
The Service may integrate with third-party services such as payment processors, cloud providers, analytics tools, social platforms, mapping or weather services, and AI infrastructure providers. We are not responsible for third-party services, and your use of them may be subject to separate terms and policies.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. FitCheck does not warrant that the Service will be uninterrupted, secure, error-free, accurate, or available at any particular time.
10. Limitation of Liability
To the maximum extent permitted by law, FitCheck Lifestyle and its affiliates, officers, employees, agents, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or marketplace losses arising from or related to the Service. Our total liability for any claim will not exceed the greater of $100 or the amount you paid FitCheck in the twelve months before the event giving rise to the claim.
11. Termination
You may stop using FitCheck at any time. We may suspend, restrict, or terminate your access to the Service if we believe you violated these Terms, created risk for FitCheck or other users, or used the Service in a harmful or unlawful way. After termination, provisions that by their nature should survive will remain in effect, including intellectual property, payment obligations, disclaimers, limitation of liability, and dispute-related provisions.
12. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify you, such as through the Service or by email. Continued use of the Service after updated Terms become effective means you accept them.
13. Contact
Questions about these Terms can be sent to support@fitchecklifestyle.com.