Terms and Conditions

Last updated: 2025-10-07

These Terms and Conditions define the rules for using the Virtual Try-On services provided by WEARFITS. Services are provided to WEARFITS' Clients, including online stores, who make it available to their Users. Services are accessible on the Clients' websites and mobile applications, as well as in the WEARFITS web or mobile application.

Definitions

1. User - an individual end-user who uses the Service through our Clients' platforms or the WEARFITS web or mobile application. Users are typically shoppers or customers of our Clients, and WEARFITS does not have a direct business relationship with Users.
2. Client - a business entity (such as an online store, retailer, or brand) that has entered into a commercial agreement with WEARFITS or one of WEARFITS' authorized distributors to implement and provide the Service to their Users. WEARFITS has either a direct business relationship with Clients or an indirect one through distributors, and they may be subject to separate or additional commercial terms and conditions.
3. Service - refers to the Virtual Try-On services and related functionalities provided by WEARFITS, as detailed in the "Scope of the Service" section below.

Scope of the Service

The Virtual Try-On services enable:

1. Visualization of clothing on a 3D avatar created based on the User's provided body measurements, along with presenting comfort zones and levels.
2. Visualization of clothing on the User's silhouette using a photo and AI or AR technology.
3. Visualization of footwear and accessories (e.g., handbags) on the User using AI or AR technology.
4. Scanning the User's foot to determine size and obtain shoe fitting suggestions.

Conditions of Use

1. Fees: The Service is free of charge for Users. Commercial terms apply to Clients.
2. Required Data: Depending on the chosen functionality, providing body measurements, a photo or AR image, or a foot scan recording may be necessary for analysis and visualization.
3. Technical Requirements: Using the Service requires an internet connection (min. 3 Mb/s) and an up-to-date web browser (updated at least once every 6 months). Foot scanning functionality requires the WEARFITS mobile application (for iOS and Android), and AR usage requires a device supporting 3D (WASM, WebGPU) and AI (machine learning) technology.
4. Technical Documentation: Clients can access detailed technical documentation, implementation requirements, and API specifications at WEARFITS Documentation.
5. Warranty: The Service is provided on an "as is" basis, without any warranty of fitness for a particular purpose or uninterrupted operation.
6. Changes: WEARFITS may update, modify, enhance, or remove certain functionalities of the Service without prior notice to the User or Client.
7. Availability: WEARFITS may periodically conduct maintenance or servicing work, during which access to the Service may be temporarily limited or suspended.
8. Account Requirements: Each Client account must correspond to one person or legal entity unless otherwise agreed in writing with WEARFITS. Clients are responsible for maintaining the confidentiality and security of their account credentials. Clients must immediately notify WEARFITS of any unauthorized access or security breach related to their account.

API Usage and Technical Requirements

1. Rate Limiting: Clients must respect all published rate limits for API usage. Rate limits are specified in the technical documentation and may vary based on the Client's package or agreement. Clients requiring higher rate limits should contact WEARFITS to discuss custom arrangements.
2. API Key Security: Clients are responsible for maintaining the security of their API keys and credentials. API keys must not be embedded in client-side code, publicly accessible applications, or shared with unauthorized parties. WEARFITS recommends regular rotation of API keys for security purposes. Clients must implement proper error handling and exponential backoff mechanisms when integrating with WEARFITS APIs.
3. Service Errors and Credits: In the event of system errors or service failures that result in failed processing attributable to WEARFITS, affected requests may be credited back to the Client's account. User errors, including invalid input data, improperly formatted requests, or violations of technical specifications, are not eligible for credits or refunds.

Payment and Credits

1. Credit System: Access to certain features of the Service may be based on a credit or usage-based system. Credits are consumed according to usage as specified in the Client's package or agreement.
2. Credit Expiration: Credits may expire according to the terms of the Client's selected package or plan. WEARFITS will honor pre-purchased credits during any service changes or modifications.
3. Non-Refundable: Unused credits are non-refundable except as required by applicable law or as specified in a separate written agreement with WEARFITS.
4. Account Termination: Upon termination of a Client account, any remaining unused credits will be forfeited unless otherwise agreed in writing or required by applicable law.

User Conduct and Acceptable Use

1. Age Restriction: The Service is not intended for use by individuals under 18 years of age. By using the Service, Users confirm they are at least 18 years old. If WEARFITS becomes aware that a User is under 18, access to the Service may be restricted or terminated.
2. Prohibited Conduct: Users and Clients must not:
   • Use the Service for any unlawful, fraudulent, or unauthorized purpose;
   • Impersonate any person or entity, or falsely represent affiliation with any person or entity;
   • Interfere with, disrupt, or compromise the security or integrity of the Service;
   • Violate, infringe, or misappropriate the rights of WEARFITS, other Users, or third parties, including intellectual property, privacy, or other proprietary rights;
   • Transmit any harmful, offensive, or inappropriate content through the Service.
3. Image and Video Rights: By using the Service, whether through camera feed, image upload, or any other method involving visual content, the User confirms and warrants that they have all necessary rights, permissions, and consents to capture, process, and use such images or video content. Users must not use the Service with images or video of any person without that person's explicit consent.
4. Prohibited Content Creation: Users and Clients are additionally prohibited from:
   • Creating, generating, or distributing deepfakes or any synthetic media that misrepresents, deceives, or creates false impressions about individuals, products, or events;
   • Generating content intended to mislead, defame, harass, or harm any person or entity;
   • Creating content that violates the rights of publicity, privacy, or other personal or proprietary rights of any individual or entity;
   • Using the Service to create content for any illegal, fraudulent, or malicious purpose.
5. Monitoring and Enforcement: WEARFITS reserves the right to monitor usage of the Service for compliance with these Terms and Conditions. WEARFITS may, at its sole discretion, suspend, restrict, or terminate access to the Service for any User or Client who violates these terms or engages in conduct that WEARFITS deems inappropriate or harmful.
6. Account Suspension and Termination: WEARFITS may suspend or terminate Client accounts in the following circumstances:
   • Violation of these Terms and Conditions;
   • Suspicious or fraudulent activity detected on the account;
   • Extended periods of inactivity as defined by WEARFITS policies;
   • Non-payment or payment disputes;
   • At the Client's request through their account dashboard or by contacting WEARFITS.
   Clients may terminate their account at any time through their account interface or by contacting WEARFITS support.

Privacy and Personal Data

1. Data Storage: Metadata (e.g., IP address) and the User's measurements are stored in cookies and in the WEARFITS database for future use.
2. Contact Details: Saving data may require providing an email address.
3. Privacy Policy: Details on the processing of personal data can be found in our Privacy Policy.
4. Photos and Recordings: Photos and video recordings used in AR and 3D virtual try-on features are not stored by WEARFITS. For generative AI features, visualization results may be stored temporarily for up to 30 days or according to the User's or Client's package limits, after which they are automatically deleted.
5. AI Model Training: WEARFITS will not use User images, videos, or personal data to train artificial intelligence models or machine learning systems without informing the User. This prohibition applies regardless of any other license grants contained in these Terms and Conditions.

Intellectual Property Rights and Licenses

1. All intellectual property rights in the technology, software, developments, solutions, tools, and outcomes of the Service belong exclusively to WEARFITS.
2. By using the Service, the User and the Client receive only a limited, revocable, non-exclusive, and non-transferable license to use the visualization results solely for personal use (in the case of the User) or for serving the User (in the case of the Client).
3. All content, materials, data, or information introduced by the User into the Service (including measurements, photos, foot scans, and other data) are made available to WEARFITS under an unlimited territorial and temporal, non-exclusive, irrevocable, transferable, and royalty-free license for processing, using, copying, modifying, creating derivative works, and using them for the development, improvement, and provision of the Service.
4. Neither the User nor the Client acquires any rights to the technology, tools, algorithms, code, trademarks, industrial designs, patents, or other intellectual property rights owned by WEARFITS.
5. Prohibited Activities: Any person or entity, including but not limited to Users, Clients, and any third parties, are strictly prohibited from:
   • Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code, algorithms, methods, or techniques used in the Service or any WEARFITS technology;
   • Using any outputs, visualizations, results, or data generated by the Service, or any WEARFITS technology, source code, files, or other materials, for the purpose of training, developing, improving, or creating artificial intelligence models, machine learning systems, or any similar technologies;
   • Extracting, reproducing, copying, or attempting to replicate any functionality, features, or methods implemented in the Service for use outside the scope of the limited license granted herein.

Authorized Resellers and Partners

1. Partner Status: Certain entities may be granted Authorized Reseller or Partner status by WEARFITS through explicit written authorization. WEARFITS maintains a registry of authorized partners and reserves the right to grant or revoke partner status at any time at its sole discretion.
2. Extended License Rights: Authorized Partners receive extended rights beyond the standard license, including:
   • The right to white label the Service (rebrand and present the Service under the Partner's own name and branding), if permitted in the authorization received;
   • The right to integrate the Service into the Partner's own platforms, applications, and systems;
   • The right to resell or sublicense the Service to the Partner's own clients and end users;
   • The right to use WEARFITS marketing materials, documentation, and resources as specified in the authorization;
   • Permission to use WEARFITS trademarks and logos in accordance with guidelines provided in the authorization.
3. Partner Responsibilities: Authorized Partners are solely responsible for:
   • All relationships, contracts, and obligations with their own clients and end users;
   • Establishing and maintaining their own Terms and Conditions, Privacy Policy, and other legal agreements with their clients;
   • Providing first-line customer support and technical assistance to their clients;
   • Ensuring compliance with all applicable laws, regulations, and industry standards in their markets and jurisdictions;
   • Protecting and maintaining the confidentiality of WEARFITS intellectual property, technology, and proprietary information.
4. Liability and Indemnification: The Authorized Partner fully indemnifies and holds WEARFITS harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to the Partner's business operations, relationships with their clients, or actions of their end users. WEARFITS has no direct relationship, obligation, or liability to the Partner's clients or end users.
5. Continuing Restrictions: Authorized Partners remain subject to all prohibited activities outlined in the "Intellectual Property Rights and Licenses" section, including restrictions on reverse engineering, AI model training, and unauthorized modification. Partners may not sub-authorize or appoint additional resellers or partners without prior written consent from WEARFITS.
6. Termination: Upon termination or revocation of partner status, all extended rights granted under this section immediately cease. The Partner must discontinue all white label use, remove WEARFITS branding and materials, notify their clients of the change, and fulfill any continuing obligations as specified by WEARFITS.

Liability

1. WEARFITS makes every effort to ensure the Service is provided correctly but does not guarantee accuracy, timeliness, completeness, or uninterrupted operation.
2. WEARFITS is not liable for incorrect data entered by the User or the Client, or for any resulting inaccuracies.
3. WEARFITS does not guarantee perfect product fit. Size or model suggestions are for informational purposes only.
4. The User and the Client bear full responsibility for their own decisions related to the use of the Service, and WEARFITS is not liable for any losses, damages, lost profits, or other consequences resulting from using the Service or decisions made based on it, regardless of their nature.
5. WEARFITS is not responsible for any errors, interruptions, defects, or other irregularities, and all WEARFITS' liability to the User or the Client is excluded.
6. Any additional guarantees regarding the availability or performance of the Service (SLAs) are subject to separate agreements between WEARFITS and the Client.

Warning

1. The Service is not recommended for individuals with atypical body shapes, foot conditions, who use medical footwear, or in other cases where specialized consultation is required for individual fitting.
2. Not for Specialized Use: The Service is not designed or intended for specialized, technical, medical, orthopedic, professional, or performance-specific clothing and footwear applications. Users requiring such specialized fitting should consult with appropriate professionals.
3. Color Accuracy: WEARFITS does not guarantee color accuracy or precision in visualizations. Colors displayed through the Service may differ from actual product colors due to variations in screen calibration, lighting conditions, material properties, and technical limitations. Users should verify actual product colors before making purchase decisions.
4. The decision to purchase a particular product is solely the User's responsibility and should be made considering individual needs and professional advice.

Complaints and Returns

1. Any complaints regarding the Service should be addressed to [email protected].
2. A response to a complaint will be provided within 30 days of its receipt.

Final Provisions

1. Using the Service implies acceptance of these Terms and Conditions.
2. WEARFITS reserves the right to amend the Terms and Conditions, and new provisions become effective upon their publication.
3. In the event of non-acceptance of the amended Terms and Conditions, the User or the Client should cease using the Service.
4. For technical implementation details and API documentation, Clients should refer to the WEARFITS Documentation.
5. WEARFITS reserves the right to temporarily or permanently discontinue providing the Service in the event of product discontinuation, a change in business strategy, or force majeure.
6. Governing Law and Jurisdiction: These Terms and Conditions are governed by and construed in accordance with the laws of Poland. Any disputes arising from or relating to these Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of Poland.
7. Limitation Period for Claims: Any claims arising from or relating to the Service or these Terms and Conditions must be filed within one (1) year from the date the claim arose. After this period, all such claims are permanently barred.
8. Survival: The following provisions shall survive termination or expiration of the User's or Client's use of the Service: Intellectual Property Rights and Licenses (including Prohibited Activities), Authorized Resellers and Partners (Liability and Indemnification, Continuing Restrictions), Liability, and these Final Provisions (Governing Law and Jurisdiction, Limitation Period for Claims).