Terms and Conditions
Effective date: 22nd December 2025
INTRODUCTION/OVERVIEW
Welcome to FitCheck. These Terms and Conditions (“Terms”) govern your access to and use of the FitCheck mobile application and any related features or services (collectively, the “Service”). The Service is operated by FitCheck Global Inc., a Delaware corporation (“FitCheck”, “we”, “our”, or “us”).
By downloading, installing, or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with our Privacy Policy. If you do not agree, you must not use the Service.
FitCheck offers an AI-enabled fashion discovery and virtual try-on experience. The platform allows you to explore garments sourced from publicly available online listings, receive recommendations, and generate virtual try-on images using FitCheck’s proprietary AI model. FitCheck is not a retailer and does not sell garments. Any purchase you make after leaving the Service occurs solely between you and the third-party retailer.
These Terms apply globally. Depending on where you are located, certain mandatory consumer protections may apply in addition to the rights described here. Your continued use of the Service confirms your acceptance of these Terms.
1. DEFINITIONS & INTERPRETATION
For purposes of these Terms, the following expressions have the meanings below:
“Account” means the user account created to access the Service.
“AI Model” means FitCheck’s proprietary machine-learning system that processes User Content to generate VTON Outputs.
“Credits” means virtual try-on credits purchased or granted within the Service.
“Retailer” means any third-party seller, merchant, platform, or website to which the Service redirects users for product information or purchases.
“SERP Data” means publicly available third-party images, product listings, price data, and other information retrieved via integrated search/reference tools.
“Service” means the FitCheck mobile application, associated software, features, content, and underlying systems.
“Subscription” means an auto-renewing paid plan purchased through the Apple App Store or Google Play Store.
“Third-Party Content” means content owned by someone other than FitCheck or the user, including celebrity images, runway images, product images, event photographs, brand materials, and external website content.
“User Content” means any image, photo, garment image, text, metadata, or other material submitted, uploaded, or otherwise provided by a user.
“VTON Output” means virtual try-on images generated by the AI Model based on User Content.
Headings are for convenience only and do not affect interpretation. References to “including” mean “including without limitation”.
2. ABOUT FITCHECK AND THE SCOPE OF THESE TERMS
FitCheck Global Inc. operates the Service worldwide. These Terms apply to all users regardless of nationality or location, except where mandatory local laws provide otherwise. We may update or amend these Terms from time to time. Where legally required, we will notify you of material changes; continued use of the Service after such changes take effect constitutes acceptance of the updated Terms.
The Service is intended solely for personal, non-commercial use. You may not use the Service on behalf of any business unless expressly authorised by FitCheck in writing.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
You must meet the applicable age requirement under local law to create an Account and use the Service. If local law requires parental consent for minors, you must secure such consent before use. The Service is not intended for children under 13 under any circumstances.
To register, you must provide accurate, complete information and maintain the accuracy of such information at all times. You are responsible for safeguarding your login credentials and for all activity occurring under your Account. If you suspect unauthorised access or a security breach, you must notify FitCheck immediately.
FitCheck may refuse Account creation, suspend access, or terminate an Account at any time where misuse, fraud, or legal risk is identified.
4. NATURE OF THE FITCHECK SERVICE
The Service combines AI-enabled virtual try-on technology with a curated fashion discovery experience. Key features include:
• viewing garments sourced from publicly available online listings;
• personalised garment recommendations based on your preferences;
• the ability to upload your photograph and generate virtual try-on images;
• exploration of brands, categories, and lookbooks inspired by publicly available celebrity and runway imagery;
• reverse image search to identify visually similar garments; and
• price comparison through external retail websites.
FitCheck does not verify the accuracy, authenticity, or completeness of Third-Party Content. VTON Outputs are representations generated by an AI model and may not reflect the true characteristics, colour, fit, or style of any garment.
The Service is continuously evolving; we may add, modify, or discontinue features at any time.
5. FITCHECK AS AN AGGREGATOR ONLY
FitCheck is a search, discovery, and virtual try-on tool. It does not manufacture, design, sell, advertise, endorse, or distribute garments. Any product shown within the Service is Third-Party Content sourced from publicly available web pages or retailer platforms.
When you click a link and purchase from an external website, you enter into a transaction solely with the Retailer. FitCheck is not a party to that transaction and has no control over:
• product availability, description, authenticity, or pricing;
• shipping, delivery, taxes, duties, or customs matters;
• refunds, cancellations, or return policies;
• payment processing;
• the accuracy or legality of retailer content; or
• any acts or omissions of Retailers or third-party platforms.
You are fully responsible for reviewing any Retailer’s terms, warranties, and policies before making a purchase.
You fully understand and accept that FitCheck does not sell, resell, distribute, fulfil, warranty, or guarantee any product referenced through the Service. All transactions, representations, warranties, and liabilities remain solely between you and the third-party retailer. FitCheck assumes no responsibility whatsoever for product quality, fit, accuracy, pricing changes, availability, or post-purchase disputes.
6. THIRD-PARTY RETAILERS, CONTENT & EXTERNAL WEBSITES
The Service displays or references Third-Party Content sourced from external websites. Such content may include celebrity images, runway photographs, product photos, marketplace listings, prices, descriptions, and similar materials.
FitCheck does not own, control, endorse, or guarantee any Third-Party Content. We do not review such content for legality, accuracy, authenticity, copyright compliance, or suitability. Third-Party Content may change or be removed at any time.
When the Service links to an external website, you access it entirely at your own risk. FitCheck is not responsible for:
• any content, policies, or practices on external websites;
• any losses arising out of reliance on Third-Party Content; or
• any data you provide directly to Retailers or other third parties.
Retailers and external websites operate their own terms of use and privacy policies, which you must review independently.
6.1 No Paywall Circumvention; Rights-Holder Compliance
FitCheck does not bypass paywalls, authentication controls, or other access restrictions to obtain Third-Party Content.
FitCheck will respond to lawful takedown requests and rights-holder notices and may remove, disable, or restrict access to Third-Party Content to comply with law or reduce legal risk.
7. LICENCE TO USE THE SERVICE & PERMITTED USES
Subject to your compliance with these Terms, FitCheck grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes.
Except where expressly permitted, you must not:
• copy, modify, distribute, or create derivative works of the Service;
• reverse engineer, decompile, attempt to extract source code, or analyse the AI Model;
• scrape, harvest, extract, or index data from the Service (including via automated tools, bots, or crawlers);
• probe or test the Service for vulnerabilities or interfere with security features;
• use the Service for commercial purposes, advertising, or resale;
• use the Service to build or train competing AI models, datasets, or fashion tools;
• circumvent feature limits, geographical restrictions, or usage controls;
• access the Service in a manner that imposes unreasonable load on our systems; or
• use the Service in violation of any applicable law or third-party rights.
FitCheck may suspend or terminate access where prohibited conduct is detected or reasonably suspected.
8. USER RESPONSIBILITIES & ACCEPTABLE USE
You agree to use the Service lawfully, responsibly, and in accordance with these Terms. You must not: •
• upload content that is unlawful, defamatory, harassing, hateful, obscene, discriminatory, or otherwise harmful;
• engage in impersonation, identity misuse, or attempts to depict any individual in a misleading, defamatory, or harmful manner;
• attempt to recreate, imitate, or digitally manipulate the likeness of any celebrity, public figure, or private person in a way that suggests endorsement, affiliation, or commercial association;
• interfere with the Service through viruses, malware, automated scripts, or attempts to disrupt servers or networks;
• exploit, probe, or test the AI Model, or attempt to extract model weights, training data, or source code;
• use VTON Outputs or Third-Party Content to deceive, mislead, or engage in fraudulent or harmful conduct;
• use the Service to train, test, or benchmark competing AI systems without FitCheck’s written permission;
• bypass, override, or disable safety or content protections within the Service.
Violation of this section may result in immediate suspension or termination of your Account and may expose you to civil or criminal liability.
9. USER CONTENT: UPLOADS, PHOTOS & GARMENT IMAGES
You may upload photographs of yourself and garment images to enable virtual try-on features. When doing so:
• you are solely responsible for the content you upload;
• you must ensure your uploads do not infringe the rights of any third party;
• if you upload images containing any other person, you must have their express permission;
• you acknowledge that FitCheck may process, store, and generate outputs based on your uploads.
You must not upload:
• copyrighted or proprietary images without permission;
• photographs of celebrities, models, or public figures for the purpose of impersonation or substitution;
• content sourced from private databases, paywalled sources, or non-public materials;
• sensitive information or images that you do not wish to be processed by the AI Model.
FitCheck may remove or block any User Content that violates these Terms or creates legal or safety risk.
10. REPRESENTATIONS & WARRANTIES BY USERS
By uploading or submitting User Content, you confirm, represent, and warrant that:
1. You own or have secured all rights, licences, permissions, and consents necessary to upload the content and permit its use as described in these Terms.
2. Your uploads do not violate any copyright, trademark, trade dress, design right, publicity right, privacy right, or other proprietary interest of any person or entity.
3. Your uploads do not depict individuals without consent, except yourself.
4. Your uploads do not include restricted or unlawful material, such as privately owned professional photographs, runway images licensed to third parties, or editorial content from restricted sources.
5. You assume full responsibility for any claims, liabilities, or damages arising from your uploads or from any misuse of VTON Outputs derived from your uploads.
FitCheck relies on these warranties. You understand that breaches may result in immediate removal of content, suspension of your Account, or legal action.
11. LICENCE YOU GRANT TO FITCHECK
To operate the Service, you grant FitCheck a worldwide, non-exclusive, transferable, sublicensable, royalty-free licence to:
• process, reproduce, modify, and analyse your User Content for the purpose of generating VTON Outputs;
• store your User Content and VTON Outputs in your Account and on FitCheck’s servers;
• display, transmit, and otherwise use User Content as necessary to provide and maintain the Service;
• create de-identified or aggregated datasets for improving the AI Model, enhancing safety systems, training internal models, and developing new features.
This licence continues for as long as your content is stored in the Service or retained as permitted by our Privacy Policy. You may delete certain uploads, subject to residual technical copies and lawful retention requirements.
FitCheck does not claim ownership of your original uploads or your VTON Outputs.
11.1 Data Use, Retention & Commercialisation
You expressly acknowledge and agree that FitCheck may:
• store User Content, outputs, metadata, interaction data, and behavioural signals on infrastructure controlled by FitCheck or its affiliates;
• retain such data for operational continuity, analytics, fraud prevention, research, and machine-learning development;
• create aggregated, anonymised, or de-identified datasets derived from user activity and content; and
• commercially exploit such aggregated or de-identified datasets, including through licensing, analytics, partnerships, or sale, provided that such data does not reasonably identify you as an individual.
You waive any right to compensation, approval, or attribution arising from such uses.
11.2 Limited Marketing Use of User Images
User images may be used to generate static images or videos visible only to the originating user for personal marketing, preview, or experience-
enhancement purposes.
FitCheck does not share user-specific generated images with other users, advertisers, or the public without explicit consent.
12. AI MODEL, VIRTUAL TRY-ON OUTPUTS & SERVICE LIMITATIONS
You understand and agree that:
• VTON Outputs are generated by an AI system and reflect algorithmic predictions, approximations, and transformations;
• VTON Outputs may not accurately reflect colours, textures, fit, dimensions, or real-world product characteristics;
• garments shown within the Service are interpretations of publicly visible clothing styles and may differ from actual products;
• FitCheck does not guarantee the accuracy, availability, authenticity, or legality of any item depicted in Third-Party Content;
• FitCheck does not guarantee that VTON Outputs will resemble real products or images sourced from the web.
FitCheck is not responsible for any reliance placed on VTON Outputs, including personal styling decisions, purchase decisions, or any other use of generated images.
12.1 Service Outputs Are Estimates Only
All product recommendations, comparisons, rankings, price checks, availability indicators, and visual results generated or displayed through the Service are algorithmic estimates based on limited data inputs, user preferences, and publicly available information.
The Service does not represent, guarantee, or warrant that:
• all available products in the market are shown;
• any product shown is suitable, available, authentic, or accurately described;
• any price displayed is the lowest, best, or most current price available anywhere; or
• any recommendation reflects professional fashion, styling, or commercial advice.
FitCheck does not guarantee outcomes, savings, satisfaction, or purchase results. You use all outputs entirely at your own risk.
13. CELEBRITY, RUNWAY & BRAND CONTENT (NON-AFFILIATION & LIMITATION)
The Service may present lookbooks, inspiration galleries, or “Who Wore It Better”-style experiences that reference celebrities, public figures, fashion houses, events (such as the Met Gala or Cannes Film Festival), or runway imagery.
You acknowledge and agree that:
• any celebrity, runway, or event-related imagery surfaced in the Service constitutes Third-Party Content obtained from publicly available sources or links provided via third-party platforms, subject to rights-holder requests and lawful removal;
• FitCheck does not host, own, license, endorse, sponsor, or affiliate with any celebrity, designer, fashion brand, publisher, photographer, modelling agency, or event organiser;
• references to celebrities, fashion houses, or garments are descriptive in nature and do not imply cooperation, partnership, or approval;
• FitCheck does not reproduce designer logos or distinctive trademark patterns in VTON Outputs;
• VTON Outputs are inspired renderings, not replicas of the garments worn by celebrities or models in the source images;
screenshots or exports that misleadingly imply endorsement or association are prohibited.
FitCheck may remove or block access to any Third-Party Content on request of rights holders or where legally required.
13.1 No Image Manipulation or Endorsement
Celebrity images and fashion-week images displayed within the Service are not manipulated. Only garments or styles visible in such images may be used
as non-exclusive inspiration signals for AI-generated outputs.
FitCheck does not create replicas, does not alter celebrity likenesses, and does not imply endorsement, sponsorship, or affiliation by any individual, brand, or event.
14. THIRD-PARTY CONTENT: COPYRIGHT, TRADEMARK & PUBLICITY RIGHTS
FitCheck does not represent or guarantee that Third-Party Content displayed within the Service is free from copyright, trademark, publicity rights, or other proprietary claims.
You acknowledge that:
• Third-Party Content remains the exclusive property of its respective owners;
• you receive no licence or rights to reuse, redistribute, or commercially exploit any Third-Party Content shown within the Service;
• you may only view such content within the Service for personal, non-commercial purposes;
• FitCheck assumes no responsibility for the legality, accuracy, or completeness of Third-Party Content;
• any download, reproduction, or commercial use of Third-Party Content may violate rights controlled by photographers, editors, publishers, brands, designers, and event organisers.
FitCheck will respond to legitimate takedown requests and may disable content or features to comply with law or reduce legal risk.
15. INTELLECTUAL PROPERTY OWNERSHIP
All rights, title, and interest in and to the Service—including its software, architecture, algorithms, AI Model, datasets (excluding User Content), user interfaces, trademarks, trade dress, logos, graphics, text, design elements, and all other proprietary materials—belong exclusively to FitCheck or its licensors.
Except for the limited licence granted under these Terms, nothing in the Service or these Terms transfers to you any ownership, licence, or rights in:
• the AI Model or any components of it;
• any SERP Data or Third-Party Content surfaced in the Service;
• any trademarks, logos, or brand identifiers of third parties;
• any editorial images, fashion event images, celebrity imagery, or runway photography appearing in the Service.
All rights not expressly granted to you are reserved by FitCheck.
16. RIGHTS IN VTON OUTPUTS (GENERATED IMAGES)
Virtual try-on images generated from your uploads (“VTON Outputs”) are derived from your User Content via FitCheck’s AI Model.
You retain rights in your likeness and in your original User Content. Subject to these Terms and our Privacy Policy:
• you may download, save, or privately share your VTON Outputs for personal use;
• you may not use VTON Outputs to falsely imply endorsement, affiliation, partnership, or connection with any celebrity, brand, designer, public figure, or fashion event;
• you may not commercially exploit VTON Outputs or use them to market, advertise, or brand any product or service without FitCheck’s written consent;
• any VTON Output that incorporates or resembles Third-Party Content remains subject to all underlying rights of the relevant rights holders.
FitCheck may retain de-identified copies of VTON Outputs as permitted by the Privacy Policy for security, fraud detection, or model improvement.
Nothing in these Terms grants you any rights to recreate, distribute, or exploit Third-Party Content or protected apparel designs.
17. PROHIBITED CONDUCT RELATED TO AI & IMAGE GENERATION
You must not use the Service, User Content, or VTON Outputs in any manner that:
• creates deepfakes, impersonations, or misleading depictions of celebrities, minors, or any individual;
• suggests that any celebrity, brand, fashion house, photographer, or event organiser endorses or is affiliated with you, FitCheck, or any output of the Service;
• recreates or attempts to recreate trademarked logos, designer patterns, or garment elements identifiable as protected trade dress;
• manipulates Third-Party Content to produce derivative works that infringe publicity rights, privacy rights, or copyright;
• uses VTON Outputs to harass, harm, defame, threaten, or deceive others;
• attempts to reverse engineer, extract, or replicate FitCheck’s AI Model or datasets.
FitCheck may disable or restrict features, suspend access, or terminate accounts where activity violates this section or creates material legal risk.
17.2 AI-Generated Images Are Approximate Renderings
All images, videos, or visual outputs generated by the Service are synthetic, AI-generated approximations created for illustrative and experiential purposes only.
You acknowledge and agree that:
• generated images do not represent exact garments, products, fabrics, textures, proportions, or fits;
• product images, celebrity appearances, runway looks, and fashion-week visuals are used solely as inspiration references, not for replication;
• the Service does not attempt to copy, recreate, or reproduce any specific garment, design, or protected fashion item;
• outputs are similar in style only, not identical or derivative replicas.
The Service does not offer custom garment reproduction, duplication, or design services of any kind.
18. SUBSCRIPTIONS, BILLING & AUTO-RENEWAL
18.1 Subscription Plans
FitCheck offers one or more paid subscription plans that provide access to premium features, which may include increased VTON credits, enhanced AI features, or additional usage limits. The specific features, duration, and price of each subscription plan are displayed to you in-app at the time of purchase.
18.2 Pricing Disclosure
Subscription prices, billing frequency (weekly, monthly, annual, or otherwise), applicable taxes, and renewal terms are clearly displayed through the Apple
App Store or Google Play Store purchase interface before you complete your purchase.
18.3 Free Trials (If Offered)
Some subscriptions may include a free trial period. If you start a free trial, you will not be charged until the trial ends. Unless you cancel before the end of
the trial period through your app-store account settings, your subscription will automatically convert to a paid subscription and the applicable fee will be
charged.
18.4 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date through your app-store
account settings.
18.5 Billing & Payment
All billing, payment processing, taxes, currency conversion, refunds, and invoicing are handled exclusively by Apple or Google, as applicable. FitCheck does
not process payments directly.
18.6 Refunds
Refunds for subscriptions are governed by the policies of the Apple App Store or Google Play Store and applicable consumer protection laws. FitCheck
cannot issue refunds directly.
18.7 Managing Subscriptions
You can view, manage, or cancel your subscription at any time through your device’s app-store account settings.
18.8 Price Changes
If subscription prices change, notice will be provided where required by law. Continued use after the change takes effect constitutes acceptance.
18.9 Failure to Pay
If payment fails or is reversed, your subscription may be suspended or terminated.
19. VTON CREDITS & IN-APP PURCHASES
19.1 Credits Description
VTON Credits allow you to generate a defined number of virtual try-on images or videos. The number of credits provided, price, and usage rules are
displayed in-app at the time of purchase.
19.2 Purchase Method
Credits may be included with a subscription or purchased separately as one-time in-app purchases through the Apple App Store or Google Play Store.
19.3 Non-Transferability
Credits are personal to your account, have no cash value, and may not be transferred, resold, exchanged, or redeemed outside the Service.
19.4 Expiry
Unless otherwise stated at the time of purchase, unused Credits may expire upon subscription cancellation or account termination.
19.5 Refunds
Credits are generally non-refundable once used. Any refunds for unused Credits are subject to the policies of the Apple App Store or Google Play Store
and applicable consumer protection laws.
19.6 Technical Issues
If a technical error prevents credit usage, resolution and any refund determination will follow the applicable app-store policies.
19.7 Promotional Credits
FitCheck may grant promotional or bonus Credits, which may be subject to additional conditions or expiry limits disclosed in-app.
Nothing in these Terms limits or overrides any non-waivable refund rights you may have under applicable law or under Apple’s or Google’s mandatory refund policies.
20. CANCELLATION, SUSPENSION & ACCOUNT TERMINATION
20.1 User-Initiated Cancellation
You may cancel your Subscription at any time through your app-store account. Cancellation takes effect at the end of the billing period.
Following cancellation:
• Subscription features end;
• unused Credits are forfeited;
• your Account remains active unless separately deleted.
20.2 Account Deletion
You may request deletion of your Account at any time. Deletion may result in removal of User Content and VTON Outputs, subject to FitCheck’s retention obligations (fraud prevention, legal compliance, or allowable anonymised retention).
20.3 FitCheck-Initiated Suspension or Termination
We may suspend or terminate your Account immediately if:
• you breach these Terms;
• your activity creates legal, regulatory, or reputational risk;
• you misuse the Service or engage in harmful behaviour;
• you interfere with system integrity or security;
• we are required to do so by law or by rights holders concerned about misuse of their IP.
20.4 Effect of Termination
Upon termination:
• your access to the Service stops immediately;
• Subscription benefits end;
• Credits are forfeited;
• certain sections of these Terms survive, including intellectual property, licences, disclaimers, limitations of liability, and indemnities.
21. APP STORE TERMS & PLATFORM REQUIREMENTS
Your use of the Service must also comply with the terms of the platform through which you downloaded it (Apple App Store or Google Play Store).
You acknowledge that:
• app-store providers are not responsible for the operation of the Service;
• refunds for in-app purchases or Subscriptions are handled exclusively through the relevant app store;
• app-store providers may enforce their own policies, and FitCheck is required to comply with those policies;
• for Apple users, Apple and its subsidiaries are third-party beneficiaries to these Terms and may enforce them.
Where a conflict exists between these Terms and app-store rules relating to billing, refunds, and Subscription management, the app-store rules control.
You acknowledge that subscriptions and in-app purchases must be managed through the native Apple App Store or Google Play Store interfaces and that FitCheck cannot modify, cancel, or refund such purchases directly.
22. DISCLAIMERS OF WARRANTIES
To the fullest extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise.
FitCheck specifically disclaims:
• any warranty that the Service, AI Model, or VTON Outputs will be uninterrupted, accurate, reliable, error-free, or suitable for any particular purpose;
• any warranty regarding the accuracy, authenticity, completeness, or legality of Third-Party Content, SERP Data, or product listings;
• any warranty that VTON Outputs will accurately depict garment fit, colour, proportions, textures, or availability;
• any warranty that external websites or Retailers will provide correct information, fulfil orders, or comply with applicable law;
• any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment.
You acknowledge that the Service uses machine-learning technologies that may behave unpredictably, produce approximations, or generate content inconsistent with user expectations.
23. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, FitCheck, its affiliates, officers, directors, employees, and service providers shall not be liable for:
• indirect, incidental, consequential, exemplary, punitive, or special damages;
• loss of profits, revenue, data, goodwill, or business opportunities;
• damages arising from reliance on VTON Outputs or Third-Party Content;
• inaccuracies in product listings, price data, or retailer information;
• losses resulting from interactions with Retailers or external sites;
• damages arising from unauthorized access to your Account or data, unless caused solely by FitCheck’s breach of applicable law.
To the extent liability cannot be excluded, FitCheck’s total aggregate liability arising out of or relating to the Service shall
not exceed the greater of:
(1) USD $100, or (2) the amount you paid to FitCheck in the twelve months preceding the claim.
Some jurisdictions do not allow certain exclusions or limitations of liability. Where those laws apply, portions of this section may not apply to you.
24. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FitCheck and its officers, directors, employees, partners, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
• your User Content, including uploaded photos and garment images;
• your misuse of VTON Outputs;
• your infringement or alleged infringement of copyright, trademark, trade dress, privacy, publicity, or other proprietary rights;
• your interactions or transactions with Retailers or external websites;
• your breach of these Terms or applicable law;
• any harm caused to third parties arising from your use of the Service.
FitCheck reserves the right to assume exclusive defence and control of any matter subject to indemnification. You agree to cooperate fully in such cases.
25. COPYRIGHT, TRADEMARK & PUBLICITY COMPLAINTS (NOTICE
& TAKEDOWN)
FitCheck respects intellectual property, publicity rights, and copyrights. Rights holders may report concerns by submitting a detailed notice to FitCheck’s
designated contact.
A valid notice must include:
• identification of the content allegedly infringing your rights;
• a statement of ownership or authorisation to act for the rights holder;
• contact information;
• a statement made under penalty of perjury that the claim is accurate.
Upon receiving a valid notice, FitCheck may, at its discretion:
• remove or disable access to the identified content;
• restrict the feature or view that surfaces the content;
• request further information;
• suspend or terminate accounts of repeat infringers.
FitCheck may also implement counter-notification procedures where applicable by law.
Nothing in this section obligates FitCheck to host any content or prevents FitCheck from removing content for risk management reasons.
26. PRIVACY & DATA PROTECTION
Your use of the Service is governed by the FitCheck Privacy Policy, which describes how we collect, use, share, store, and protect personal data, including
photographs, biometric-type information, device identifiers, and generated outputs.
Key points include:
• how we process User Content to generate VTON Outputs;
• how long we retain images, outputs, and account data;
• our use of de-identified or aggregated data for improving the AI Model;
• your rights under applicable laws (e.g., GDPR, UK GDPR, CCPA/CPRA);
• international transfers of data, including to the United States;
• your controls for accessing, deleting, and managing your data.
By using the Service, you acknowledge that you have reviewed the Privacy Policy and consent to the processing of your data as described.
27. GOVERNING LAW & DISPUTE RESOLUTION
Except where prohibited by mandatory consumer protection laws that apply regardless of choice of law, these Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
27.1 Venue
Any legal action shall be brought exclusively in the state or federal courts located in Delaware, unless applicable law gives you the right to bring actions
elsewhere.
27.2 Consumer Carve-Outs
Users located in jurisdictions with mandatory consumer rights (e.g., EU/UK) may exercise those rights regardless of these Terms.
27.3 Class Action Waiver
To the fullest extent permitted by law, you and FitCheck agree that any claims or disputes arising out of or relating to these Terms or the Service must be brought on an individual basis only, and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, or representative action.
Unless such waiver is prohibited or unenforceable under applicable law:
• No class actions. You may not bring or participate in any class, collective, or representative lawsuit.
• No private attorney general actions. You may not bring claims on behalf of the public or any group of users.
• No joint claims. Claims may not be combined with those of any other person or entity.
28. GENERAL TERMS (MISCELLANEOUS)
28.1 Entire Agreement
These Terms constitute the entire agreement between you and FitCheck regarding the Service.
28.2 Assignment
You may not assign or transfer your rights. FitCheck may assign its rights and obligations without restriction.
28.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
28.4 Force Majeure
28.5 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
28.6 Notices
Legal notices must be sent to FitCheck at the contact address provided in the app or website. Electronic notices may be used where permitted.
28.7 Survival
Sections relating to intellectual property, limitations of liability, disclaimers, licences, indemnification, and dispute resolution survive termination.