Terms of Service

Please read these terms carefully before using our services

Terms of Service

Last Updated: August 2025

Introduction

Welcome to FitCheckPro! Please read these Terms of Service ("Agreement" or "Terms") carefully before using any services provided by FitCheckPro. This Agreement governs your access to and use of the FitCheckPro website, related services, features, content, and any applications we offer (collectively, "Services"). By accessing or using the Services in any manner, you agree to be bound by these Terms, including the Privacy Policy incorporated here, which explains how we handle your personal data.

Acceptance of Terms of Service

The Services are available to you subject to your acceptance of these Terms, which include all other operating rules and policies published by FitCheckPro. Occasionally, specific services may be subject to additional terms, which are incorporated here by reference. Please be aware that these Terms are binding and any use of our Services constitutes acceptance of these Terms.

FitCheckPro reserves the right to modify or discontinue offering the Services to any person or entity at our discretion, and to change eligibility criteria at any time. These Terms do not apply where prohibited by law, and in such cases, you are not authorized to access or use the Services.

Changes to Terms and Service Availability

Modification of Terms: FitCheckPro reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Such changes will be made by posting a notice on the FitCheckPro website or directly communicating them to you via email. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to regularly check the Terms of Service for changes. Your continued use of the Service after any modifications indicates your acceptance of the new Terms.

User Eligibility and Responsibilities

Age Requirements: You must be at least 18 years old to use the Services, or the minimum age of digital consent in your jurisdiction. Users under this age must have the Agreement approved by a parent or guardian who agrees to be bound by these Terms and is responsible for all activities of the minor.

Rules and Conduct

Purpose of the Service: By using the FitCheckPro app, you agree to use it solely for virtual try-on experiences, wardrobe management, and fashion planning. You must have explicit consent to use images of individuals or rights to use product photos for this purpose.

Image Data Usage: We collect and use your images solely to create your digital likeness for virtual try-on experiences. We do not use your image data to train or improve our AI models. Your images are used exclusively for providing you with personalized virtual try-on results.

Prohibited Actions: You are prohibited from using the Service in any manner that:

  • Violates any applicable laws, rules, or regulations
  • Infringes on the intellectual property or other rights of any person or entity
  • Is threatening, abusive, defamatory, libelous, deceptive, invasive of privacy, or in any other way objectionable
  • Exploits or harms minors in any way
  • Spreads false information intended to harm others, supports terrorism, or promotes violence against protected groups
  • Generates or disseminates inappropriate content or any content depicting minors
  • Interferes with, disrupts, or imposes an unreasonable load on the Service or its infrastructure
  • Involves unauthorized data extraction, reverse engineering, or duplication of any aspect of the Service
  • Violates the integrity of the Service's operational functionality

Content Responsibility: You are responsible for any content you upload or actions you take and will bear all risks associated with your use. Ensure that no sensitive personal information is included in any form. You must not upload harmful software or engage in activities that disrupt or interfere with the operational performance of the Service.

Monitoring and Enforcement: FitCheckPro reserves the right to monitor the Service and take appropriate legal action against anyone violating these Terms, including reporting to law enforcement authorities. We may deny access to any part of the Service to anyone found to be in violation of these Terms.

Intellectual Property Rights and Licensing

General IP Rights: All logos, marks, and designations of FitCheckPro are trademarks or registered trademarks owned by FitCheckPro. Portions of FitCheckPro's products, including features and functionality, may be protected under patent applications or patents owned by FitCheckPro.

Your Rights and Restrictions: Upon agreeing to these Terms and subject to your compliance, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, and non-assignable license to access and use the Service for personal or business purposes.

User Contributions and Content: By using the Services, you grant FitCheckPro a limited, non-exclusive license to use, copy, modify, and process the inputs and assets you provide, solely for the purpose of operating the Services and providing you with results. We do not use your content to improve our AI models.

Fees and Payments

FitCheckPro offers both free and paid subscription services. Paid subscriptions are payable in U.S. dollars and will automatically renew according to the selected billing cycle.

Immediate Access: By completing your purchase, you agree to immediate access to the digital content, waiving any right to a 14-day withdrawal period typically allowed by law.

Cancellations: You may cancel your subscription at any time through your account settings. Note that you will not receive a refund or credit for any payments already made at the time of cancellation.

Price Changes: FitCheckPro reserves the right to change subscription prices. Any price changes will take effect at the start of the next subscription period following the date of the price change.

Termination

Termination by FitCheckPro: FitCheckPro may terminate your access to all or any part of the Service at any time if you breach these Terms of Service, with potential forfeiture and destruction of all information associated with your account.

Mutual Termination Rights: Either party may terminate the Service for any reason upon providing written notice to the other party.

Effect of Termination: Upon termination, all rights and licenses granted to you will terminate immediately. However, certain provisions of this Agreement, such as warranty disclaimers, indemnity, and limitations of liability, will survive termination.

Limitation of Liability and Disclaimer

Use at Your Own Risk: Your use of FitCheckPro's services, including the website and all content, is entirely at your own risk. The services and content are provided on an "AS IS" and "AS AVAILABLE" basis.

Limitation of Liability: FitCheckPro, its directors, employees, agents, partners, suppliers, content providers, successors, and assigns will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, data loss, cost of procurement of substitute goods or services, or other intangible losses.

Maximum Liability: In no event will FitCheckPro's aggregate liability for all claims relating to the services exceed the greater of $500 or the amount you paid FitCheckPro, if any, in the last 12 months.

Time Limit for Claims: Any claim or cause of action arising out of or related to the use of the site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution

Agreement to Arbitrate: All disputes, claims, or causes of action arising from or related to these Terms or your use of FitCheckPro's services will be resolved through binding arbitration, except for matters that may be taken to small claims court.

Pre-Arbitration Requirements: Before arbitration begins, both parties agree to attempt to resolve disputes informally. You must send a detailed notice of your claim to legal@fitcheckpro.com, and FitCheckPro will provide a similar notice to you.

No Class Actions: You and FitCheckPro agree that any proceedings will be conducted solely on an individual basis, and neither party will seek to have any dispute heard as a class action.

General Provisions

Assignment: You may not assign these Terms without the prior written consent of FitCheckPro, although FitCheckPro may assign them without restriction.

Severability: If any part of these Terms is held unenforceable, the rest remains in effect.

Entire Agreement: These Terms constitute the entire agreement between you and FitCheckPro, superseding all prior communications.

Contact Us: For questions regarding the Terms of Service, you can contact us at legal@fitcheckpro.com.

Questions about our Terms?

If you have any questions about these Terms of Service, please contact us at legal@fitcheckpro.com

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