Terms of Service
These Terms of Service ("Terms") govern the use of FitWear - the virtual try-on platform, the widget for online shops, the business dashboard and the shopper accounts (together, the "Service"). The Service is provided by FitWear, Kosovo ("FitWear", "we", "us"). Contact: [email protected].
By creating an account, installing the widget or using the Service you agree to these Terms, to the Acceptable Use Policy and - for business customers - to the Data Processing Addendum. How we handle personal data is explained in the Privacy Policy.
1. The Service
- Business customers (shops and the companies behind them) add the FitWear widget to their online shop. Their visitors can upload a photo of themselves and see it combined with the shop's product photos ("try-on"). The dashboard shows usage and statistics such as add-to-cart clicks after a try-on.
- Shoppers can create a personal FitWear account with a plan that lets them use try-on in participating shops.
- Try-on images are created by third-party artificial-intelligence models (see the AI Transparency Notice). They are illustrations, not exact representations of size, fit, colour or fabric.
2. Accounts
- You must be at least 18 years old and able to enter into a binding contract.
- Business accounts may only be opened for a real business. The person who registers confirms that they may act for it.
- Keep your password and your shop API key secret. You are responsible for everything done with your account and keys. Tell us at once at [email protected] if you suspect misuse.
- Information you give us must be true and kept up to date.
3. Plans, trial and payment
- Plans, prices and included try-ons are shown in the dashboard and on our website at the time of purchase. A free trial, where offered, is available once per shop and company.
- Payments are currently confirmed manually by FitWear after you pay as instructed. A plan starts or renews when the payment is confirmed. Unless stated otherwise, prices exclude taxes.
- When a plan's quota is used up or the plan ends, try-on stops until it is renewed or upgraded. Unused try-ons do not carry over and are not refunded, except where the law requires it.
- We may change prices for future periods; we will announce changes before they apply to you.
4. Obligations of business customers
- Install the widget only on websites you own or control, and only on domains registered in your dashboard.
- You must have the rights to the product photos the widget uses (your own photos or photos you are licensed to use, including any models shown in them).
- Your own privacy policy must tell visitors that the try-on is provided by FitWear and link to our Try-on Privacy Notice. Do not remove or hide the consent checkbox, the links or the AI notice that the widget shows before a try-on.
- Do not use the try-on to target children or in shops whose products are mainly for minors without first agreeing a suitable setup with us in writing.
- Do not resell, sublicense or offer access to the Service or its AI models as a stand-alone service, and do not use it to build a competing product.
5. Acceptable use
You and your visitors must follow the Acceptable Use Policy and the Try-on Terms of Use. We may block individual try-ons, photos or accounts that break them.
6. Intellectual property and content
- The Service, the widget code, the dashboard and our brand remain ours. You get a limited, non-exclusive, non-transferable right to use them for the duration of your plan.
- You keep your rights in your product photos and shop content. You allow us to process them only as needed to run the Service for you.
- Generated try-on images may be shown to the visitor who made them and used by you inside your shop. They may not be used to depict a real person in a misleading, defamatory or sexual way, or as if they were real photographs.
7. Third-party AI providers
Try-ons are generated by AI providers listed on the Subprocessors page. Their availability, speed and output are outside our full control. We may switch providers or models to keep the Service running, in line with the Privacy Policy.
8. Availability and changes
We work to keep the Service available, but it is provided "as is" and "as available". Planned maintenance, provider outages, rate limits or security measures can interrupt it. We may change or remove features; if a change materially reduces a paid plan, you may end the plan and we will refund the unused part of the prepaid period.
9. Suspension and termination
- You can close your account at any time by contacting [email protected].
- We may suspend or close an account, a shop or a key - where possible after a warning - if these Terms or the law are broken, if payment is overdue, or to protect visitors, the Service or third parties.
- After termination the widget stops working. Personal data is deleted as described in the Privacy Policy and the Data Processing Addendum.
10. Liability
- We are not liable for indirect or consequential losses, lost profits or lost sales, or for decisions made on the basis of a generated image (for example about size or fit).
- Our total liability under these Terms is limited to the amount you paid us in the 12 months before the event.
- Nothing in these Terms limits liability that cannot be limited by law, such as for intent, gross negligence or personal injury, or the mandatory rights of consumers.
- Business customers indemnify us against third-party claims caused by their product photos, their websites or their breach of these Terms.
11. Applicable law and disputes
These Terms are governed by the laws of the Republic of Kosovo. Courts in Kosovo have jurisdiction, unless mandatory consumer law gives you the right to go to the courts where you live. Please contact us first - most problems can be solved quickly.
12. Changes to these Terms
We may update these Terms. The date at the top shows the current version. For material changes we inform business customers and shoppers by e-mail or in the dashboard at least 14 days in advance; continued use after that date means acceptance.