Fitcheck7 Terms of Service
Effective date: 31 August 2025
Domain: fitcheck7.com
This is a legal agreement between you and Fitcheck7. If you do not agree, do not use the service. This text is a template and not legal advice.
1) What Fitcheck7 is
Fitcheck7 lets you upload:
- a photo of yourself, and
- an image of a garment.
The service uses AI to render a try-on image.
2) Who can use it
- You must be 16+.
- If you act for a company, you confirm you have authority to bind it.
- You must comply with these Terms and all applicable laws.
3) Accounts
- Keep credentials confidential.
- You are responsible for activity under your account.
- We may suspend or terminate accounts for violations or risk.
4) Your content and license to us
“Content” means your photos, garment images, prompts, and outputs.
- Ownership: You retain ownership of your uploads.
- License to Fitcheck7: You grant Fitcheck7 a worldwide, non-exclusive, royalty-free license to host, process, modify, and display your Content only to operate the service, troubleshoot, prevent abuse, and comply with law.
- No training by default: We do not use your personal images to train models unless you opt in. See the Privacy Policy.
- Publicity: We will not use your likeness in marketing without your explicit consent.
5) Outputs
- Subject to third-party rights, you own the Outputs created from your uploads.
- Free tier Outputs may include a watermark. You agree not to remove or obscure it.
- If a garment image infringes another’s rights, your rights in the Output may be limited.
6) Acceptable use
Do not upload, generate, or share Content that:
- Involves minors or non-consensual imagery.
- Is nudity, sexually explicit, or fetish content. Swimwear is allowed if non-sexual and the person is an adult.
- Infringes IP (e.g., brand photos you don’t have rights to).
- Is illegal, hateful, harassing, or invades privacy.
- Attempts to probe or disrupt our systems, scrape, or exceed rate limits.
- Circumvents fees, watermarks, or usage caps.
We may remove or block Content and may report illegal material.
7) Plans, credits, and payments
- Free option: Up to 3 watermarked try-ons per week. Limits may change.
- Credits: Paid usage is metered by credits. Pricing and inclusions are shown at purchase time.
- Processor: Payments are handled by a third-party (e.g., Stripe). Their terms and privacy apply.
- Taxes: Prices may exclude taxes; you are responsible for applicable taxes.
- Refunds: Credits are non-refundable and not redeemable for cash unless required by law.
- Right of withdrawal (EU): By purchasing digital credits and starting use immediately, you request early performance and acknowledge you lose the 14-day withdrawal right for the used portion.
8) Intellectual property
- The service, software, and site content are owned by Fitcheck7 and its licensors.
- You receive a limited, revocable, non-transferable license to use the service as intended.
9) Notices of infringement
- Send takedown notices to [email protected] with: your contact info, the work claimed infringed, the allegedly infringing material, a good-faith statement, and a statement under penalty of perjury that you are authorized.
- We may disable or remove material and, when appropriate, terminate repeat infringers.
10) Privacy
- See the Privacy Policy for data processing, retention, and your rights under GDPR.
- You must obtain all necessary consents from any individuals depicted in your uploads.
11) Third-party services and models
- We may use third-party AI and hosting providers to process Content.
- They act under our instructions or as independent controllers where applicable.
- We do not guarantee any third-party’s availability or performance.
12) Availability and changes
- The service may change, pause, or stop without notice.
- Features, limits, and prices may change. We will provide notice of material changes where required.
13) Disclaimers
- The service is provided “as is” and “as available.”
- We disclaim all warranties to the maximum extent permitted by law, including fitness for a particular purpose and non-infringement.
- Rendered colors, sizes, fits, and textures are approximations. Do not rely on Outputs as exact representations.
14) Limitation of liability
- To the maximum extent permitted by law, Fitcheck7 is not liable for indirect, incidental, special, consequential, or punitive damages, loss of data, profits, goodwill, or business interruption.
- Our total liability for all claims in any 12-month period is capped at the greater of €50 or the amounts you paid to Fitcheck7 in that period.
- Some jurisdictions do not allow certain limitations; those limits apply to the extent permitted.
15) Indemnity
You will indemnify and hold harmless Fitcheck7 and its affiliates from claims, damages, liabilities, costs, and fees arising from:
- your Content,
- your use of the service, or
- your breach of these Terms or law.
16) Termination
- You may stop using the service at any time.
- We may suspend or terminate access for any violation or risk.
- On termination, licenses to Fitcheck7 for operation end, except that we may retain Content as required by law, for dispute resolution, or to enforce these Terms.
17) Governing law and disputes
- Law: Netherlands law, excluding its conflict-of-laws rules.
- Venue: courts of Amsterdam, the Netherlands.
- Consumers in the EU may also use the EU ODR platform where applicable.
18) Changes to these Terms
- When we make material changes, we will notify you (e.g., by email or in-product notice).
- Continued use after the effective date constitutes acceptance.
19) Export and sanctions
You represent you are not subject to embargoes or sanctions and will not use the service in prohibited territories or for prohibited end uses.
20) Miscellaneous
- These Terms are the entire agreement between you and Fitcheck7 about the service.
- If a clause is unenforceable, the rest remains in effect.
- You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or asset sale.
Contact
Fitcheck7
Email: [email protected]
Address: to be supplied by the operator.
Short summary (not part of the contract)
You must be 16+. You own uploads and outputs, subject to third-party rights. Free tier has watermarks. Paid use is via credits. No explicit content or minors. We process your images to run the service and do not train on them without opt-in. Liability is limited. Dutch law applies.