Term of Service

1. Preamble

FitRoom (hereinafter referred to as the Operator) operates the website fitroom.app, a web-based application for editing photos. These Terms of Use apply to all users of the platform fitroom.app (hereinafter: the User).

2. Rights of use

2.1. IP Address Storage Consent

By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.

2.2. Your Content

2.2.1. Content

“Content” means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software.

We reserve the right (but do not have the obligation) to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of the Terms.

We do not review all Content uploaded to the Services and Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

2.2.2. Licenses to Your Content

Solely for the purposes of operating or improving the Services and Software, you grant us a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content.

For example, we may sublicense our right to the Content to our service providers or to other users to allow the Services and Software to operate as intended, such as enabling you to share photos with others.

Separately, section 4.5 (Feedback) below covers any Feedback that you provide to us.

2.2.3. Ownership

As between you and fitroom.app, you (as a Business User or a Personal User, as applicable) retain all rights and ownership of your Content.

We do not claim any ownership rights to your Content.

2.2.4. Sharing Your Content

(A) Sharing

Some Services and Software may provide features that allow you to Share your Content with other users or to make it public.

Other users may use, copy, modify, or re-share your Content in many ways.

Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

(B) Level of Access

We do not monitor or control what others do with your Content.

You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content.

If you do not choose the access level to apply to your Content, the system may default to its most permissive setting.

It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or Sharing your Content.

(C) Comments

Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users.

In some Services and Software, your comments may be deleted by you, by other users, or by us.

(D) Removing Your Content

If you delete Content (excluding Feedback) from the Services and Software, we will stop making that Content publicly available within a reasonable amount of time.

Some copies of your Content may be retained as part of our routine backups.

We are not responsible for any use of Content that you have Shared or made public.

3. Rights and obligations of the User

3.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software or integrate malware into the software.

3.2. The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.

4. Warranty and liability

4.1. Any warranty for the results of the software and its availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.

4.2. The Operator is not liable for the speed of the Software, its Availability, data loss or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.

4.3. The liability of the Operator is in any case limited to EUR 100.00.

4.4. Termination: FitRoom reserves the right, without notice and without liability, to suspend and/or terminate this Agreement at any time, whether for cause (for example if you breach this Agreement) or for convenience (for example if FitRoom is discontinuing Services). We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your License will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content License shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.

4.5. FitRoom Pro subscription: FitRoom Pro is not available across multiple platforms at the moment, which means that your professional access on fitroom.app website does not apply to professional access on FitRoom iOS and Android applications.

5. Confidentiality and data protection

5.1. All data protection information is available to the User at www.fitroom.app/policy. www.fitroom.app/policy.

6. Concluding provisions

6.1. Legal disputes arising from this Contract are governed exclusively by Austrian law. Application of the UN Convention for the International Sale of Goods, the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

6.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Vienna-Inner City, Austria.

6.3. Changes and/or additions to this Contract must be made in writing to be valid; written form is also required for departure from this formal requirement.

6.4. Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable and/or invalid provision to replace the void, unenforceable and/or invalid provision.

6.5. If these Terms of Service are presented by the Operator in a language other than German, the translation was prepared by an independent specialist translator certified to ISO 17100:2015 and proofread by at least one other specialist translator. If, in the case of dispute, a court insists on a German-language contract text, then only the original German-language contract text shall be valid; under no circumstances shall a retranslation of the translated version be used.

7. Cancellation of Subscription and Account Deletion

7.1 We may offer free trials in our sole discretion. Upon installation or expiration of a free trial offer (if applicable), you will be charged the applicable subscription fees (if any) for your use of the Service. Upon expiration of the initial term of your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, your subscription will automatically renew for recurring subscription periods of the same duration unless and until you affirmatively cancel your subscription. If you have purchased your subscription through an App, you can cancel your subscription or automatic renewals any time in your account settings with the App Marketplace according to the policies of each App Marketplace. If you have purchased your subscription through the Site, you can manage and cancel your subscription and any automatic renewals at any time by going to 'My Account' and following the instructions as stated therein.

You can cancel Your subscription at any time, and You will continue to have access to the Paid Services through the end of Your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds for any unused Paid Services.

Cancel subscription instruction for Android: Click here

Cancel subscription instruction for iOS: Click here

7.2 Account Deletion You may also delete Your account by contacting us at [email protected]. Upon the closure of Your Account and under Your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws. Upon cancellation or discontinuance of Your subscription and account, You may continue to use any work previously produced, created or reproduced by You via the Services as of the date of cancellation or discontinuance, provided always that such use must be in compliance with these Terms of Use, the Licensing Agreement and any other relevant licensing agreements as may be imposed by us from time to time.

8. API fair use policy

8.1. Acceptance of Terms

By using our API you accept these terms By using our API, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our API.We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you. Additional terms, including license terms, may apply to your use of our software and API, including as may be set out in any other agreement with us.

We may make changes to the terms of this policy. We amend these terms from time to time without notice. Every time you wish to use our API, please check these terms to ensure you understand the terms that apply at that time.These terms were most recently updated on the date stated at the front of these terms.

8.2. Fair Use

For the benefit of all users of our API it is imperative that users adhere to fair and reasonable use of the API to seek to prevent downtime, loss of or corruption or damage to data and/or other errors or technical issues.

Use of the API must be limited to a reasonable number of concurrent calls (API requests), together with an appropriate wait period for completion of those calls before commencing further calls. We may specify a specific number of call limits from time to time, to which you will be required to adhere.

In the event that you receive error reports or error codes from use of our API you must immediately notify us, and reduce your usage of the API appropriately.

Keys: The API may require a key to run or access. You are responsible for and liable for the installation and use of keys and must not copy or share the keys with third parties.

8.3. Consequences of misuse

Without prejudice to any other rights we may have, in the event of your failure to adhere to the fair usage set out above, or any other failure to adhere to the terms of this API policy:

You shall be responsible for and shall indemnify us against all costs, losses, liabilities, damages, claims and expenses suffered or incurred by us or any member of our group, arising directly or indirectly out of or connected to your breach,, including but not limited to any of the aforesaid costs, losses, liabilities, damages, claims and expenses relating to damage to or destruction or corruption of data; and

We shall be entitled (without notice) to suspend, modify, restrict or otherwise limit your use of the API.

We may monitor your use of the API including to verify compliance with this policy.

You shall permit us and/or our representatives to perform such audit and/or verification of your use of the API and to inspect and have access to your premises and/or systems or information as reasonably required by us in connection with your use of the API.

8.4. Prohibited Uses

You may use our API only for lawful purposes. You may not use our API:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our API; except to the extent permitted by law, not to decompile, reverse engineer, disassemble or otherwise derive the source code of any part of the API.
Not to access without authority, interfere with, damage or disrupt: any part of our API; any equipment or network on which our API is stored; or any software used in the provision of our API.

8.5. API provision

We reserve the right (without liability to you or any other person) to modify, amend, alter or otherwise deal in any manner with the API, and we do not guarantee that the API will continue to be available for use.
We may discontinue or suspend the provision of the API at any time without notice, and at our discretion, without liability to you or any other person.
To the fullest extent permitted by law, the API is provided and made available 'as is', and express terms of this policy are in lieu of all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated whether by statute, common law or otherwise, which are hereby excluded.
We can transfer our rights and obligations under these terms to any third party.

9. Prohibited Uses

You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following:

Use the Service in any manner not permitted by these Terms;
Use the Service for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others;
Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
Copy (except as expressly permitted by these Terms) or modify the Service;
Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service;
Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature or functionality in the Service; or
Allow others to do any of the foregoing.

10. Generative AI Features

The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as input text, images, video, audio or other content (“Input”). Based on the Input, you may generate and receive as output content such as text, images, video, or audio (“Output”). Your Input and Output are considered User-Generated Content under these Terms and, as between you and us, your Input and Output are yours.

Without limiting section 9 (Prohibited Uses), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:

Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.

11. Disclaimer

THE FITROOM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITROOM.APP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR AI-GENERATED IMAGES INCLUDED THEREIN.

11.1 Generated Content Disclaimer

All images generated through our AI virtual try-on technology are artificial representations and may not perfectly reflect how actual clothing items would appear on your body. Color, fit, texture, and overall appearance in generated images may differ from reality.

11.2 User Responsibility

YOU EXPRESSLY AGREE THAT YOUR USE OF FITROOM APP, INCLUDING UPLOADING OF PERSONAL IMAGES AND UTILIZING THE VIRTUAL TRY-ON FUNCTIONALITY, IS AT YOUR SOLE RISK. You are solely responsible for ensuring that you have the right to upload and modify any images submitted to our service.

11.3 Privacy and Data Usage

Images uploaded to FITROOM.APP are processed for the sole purpose of providing virtual clothing try-on services. While we implement reasonable security measures, FITROOM.APP CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA OR IMAGES. Please review our Privacy Policy for complete information on data handling practices.

11.4 Intellectual Property

The AI-generated images produced by FITROOM.APP are provided for personal reference purposes only. These generated images do not transfer any intellectual property rights in the depicted clothing items to users. All clothing designs shown remain the property of their respective owners.

11.5 Limitations of Liability

NEITHER FITROOM.APP NOR ANY PERSON ASSOCIATED WITH FITROOM.APP SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE. This includes but is not limited to damages for loss of profits, goodwill, data, or other intangible losses.

11.6 Accuracy and Representation

FITROOM.APP DOES NOT WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY AI-GENERATED IMAGES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED. The virtual try-on technology is designed to provide approximate visualizations only and should not be the sole basis for purchasing decisions.