By downloading, installing, or using the Fit Check AI Stylist mobile application ("App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Fit Check AI Stylist ("we," "our," or "us"). If you do not agree to these Terms, you must not access or use the App.
Fit Check AI Stylist is an AI-powered fashion styling application that provides personalized fashion recommendations, analyzes photos to offer styling advice, and allows users to explore fashion tips and trends. The services are provided for personal, non-commercial use.
To access the full features of the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
You may delete your account at any time through the App's settings. We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms or engage in any conduct that we deem harmful to the App or other users. Upon termination, your right to use the App will immediately cease, and your data will be handled as described in our Privacy Policy.
You agree not to use the App to:
You retain all ownership rights to the photos and other content you upload to the App ("User Content").
By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, analyze, display, and distribute your User Content solely for the purposes of operating, developing, providing, and improving the App and our AI models. This license is revoked when you delete your User Content or your account.
The styling advice and recommendations provided by our AI are for informational and entertainment purposes only. They do not constitute professional advice. We do not guarantee the accuracy, reliability, or suitability of any AI-generated suggestions. You are solely responsible for your fashion choices and actions based on the App's recommendations.
All rights, title, and interest in and to the App, including its "look and feel," AI algorithms, source code, and all related content (excluding User Content), are and will remain the exclusive property of Fit Check AI Stylist. The App is protected by copyright, trademark, and other laws of the United States and foreign countries.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIT CHECK AI STYLIST, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP.
OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE APP.
You agree to defend, indemnify, and hold harmless Fit Check AI Stylist and its employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
These Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law principles.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. You agree to waive your right to a jury trial and to participate in a class action lawsuit.
We may modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
For any questions about these Terms of Service, please contact us at:
Email: kstarventures@gmail.com
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms and our Privacy Policy constitute the entire and exclusive understanding and agreement between you and Fit Check AI Stylist regarding the App, and supersede and replace any and all prior oral or written understandings.
If you are using the App on an iOS device, the following terms apply:
Acknowledgement: You acknowledge that these Terms are concluded between you and Fit Check AI Stylist only, and not with Apple Inc. ("Apple"). Fit Check AI Stylist, not Apple, is solely responsible for the App and its content.
Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support: Fit Check AI Stylist is solely responsible for providing any maintenance and support services for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: Fit Check AI Stylist is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Product Claims: Fit Check AI Stylist, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Fit Check AI Stylist, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.