Terms of Service

Effective Date: June 2025 | Last Updated: June 2025

1. Acceptance of Terms

Welcome to FitCheck AI! These Terms of Service ("Terms") govern your access to and use of the FitCheck AI mobile application (the "App") provided by FitCheck AI ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Apple App Store Compliance: These Terms comply with Apple App Store Review Guidelines and iOS platform requirements.

2. Description of Service

FitCheck AI is a mobile application that provides:

  • AI-powered outfit analysis and fashion feedback
  • Personalized style recommendations and insights
  • Personal Style DNA profiling based on your fashion choices and quiz responses
  • Achievement tracking and gamification features
  • Style evolution monitoring and progress tracking
  • Analysis-based subscription service with free usage limits

The App uses artificial intelligence technology to analyze photos of your outfits and provide personalized fashion advice and recommendations.

2.1 Service Tiers

Free Tier:

  • 6 full analyses during testing (3 analyses in production)
  • Complete access to all analysis features within limits
  • Full AI-powered outfit analysis and recommendations
  • Complete style scoring across all categories
  • All personalized tips and expert insights
  • Shopping recommendations for all budget levels
  • Style DNA quiz and profile building
  • Achievement system and progress tracking

Premium Tier (Subscription):

  • Unlimited outfit analyses (only difference from free tier)
  • Identical feature access and analysis quality
  • Same AI insights, scoring, and recommendations
  • Continuous style improvement without usage restrictions

3. Eligibility and Account Registration

3.1 Age Requirements

  • You must be at least 13 years old to use the App
  • Users between 13-17 must have parental consent
  • Users 18+ can create accounts independently

3.2 Account Registration

  • You must provide accurate and complete information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • One person or entity may maintain only one account
  • Apple Sign In: You may use Sign in with Apple for account creation and login

3.3 Account Security

  • You are responsible for all activities that occur under your account
  • Use strong passwords and enable security features when available
  • Do not share your account credentials with others
  • Apple Sign In users can manage account access through Apple ID settings

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the App to:

  • Upload photos of your outfits for analysis (subject to usage limits)
  • Receive AI-generated fashion feedback and recommendations
  • Track your style evolution and progress
  • Earn achievements and participate in gamification features
  • Access personalized style insights and recommendations
  • Complete Style DNA quizzes and build your style profile

4.2 Prohibited Uses

You may NOT use the App to:

  • Upload inappropriate, offensive, or explicit content
  • Upload photos of other people without their consent
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Attempt to reverse engineer or hack the App
  • Use the App for commercial purposes without permission
  • Create fake accounts or impersonate others
  • Upload malicious content or malware
  • Spam or abuse the service
  • Circumvent usage limits or subscription requirements
  • Share account credentials to bypass individual usage limits

4.3 Content Guidelines

When uploading photos:

  • Ensure you have the right to upload and share the images
  • Upload only appropriate fashion/outfit content
  • Respect others' privacy and obtain consent for shared spaces
  • Do not upload copyrighted material without permission
  • Ensure clothing is appropriate for all audiences

5. Intellectual Property Rights

5.1 Our Rights

  • The App, including its design, code, and features, is owned by FitCheck AI
  • Our trademarks, logos, and brand elements are protected
  • AI algorithms and analysis methods are proprietary
  • You may not copy, distribute, or create derivative works without permission

5.2 Your Rights

  • You retain ownership of photos you upload
  • You grant us a license to process your photos for service provision
  • You can delete your content and revoke this license at any time
  • Your Personal Style DNA profile is your property

5.3 License Grant to Us

By uploading content, you grant us a limited, non-exclusive, royalty-free license to:

  • Process your photos through our AI analysis system
  • Store your images securely in our cloud infrastructure
  • Generate style insights and recommendations based on your content
  • Provide you with the core features of the App

This license terminates when you delete your content or account.

6. Privacy and Data Protection

6.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the App, you consent to our Privacy Policy.

6.2 Data Security

We implement industry-standard security measures to protect your data:

  • Encryption of sensitive information (TLS 1.3, AES-256)
  • Secure cloud storage systems
  • Regular security audits and updates
  • Limited access controls
  • Apple App Store security compliance

6.3 Your Data Rights

You have the right to:

  • Access your personal information
  • Correct inaccurate information
  • Delete your data and account
  • Export your data in machine-readable format
  • Manage subscription data through Apple ID settings

7. AI Analysis and Recommendations

7.1 Nature of Service

  • Our AI provides automated fashion analysis and recommendations
  • Results are generated by artificial intelligence and may not always be accurate
  • Recommendations are suggestions, not professional fashion advice
  • Individual results may vary based on personal style and preferences

7.2 No Warranties on AI Results

We do not guarantee that:

  • AI analysis results will be accurate or suitable for your needs
  • Recommendations will improve your fashion sense or appearance
  • Style insights will be comprehensive or complete
  • The service will meet your specific expectations

7.3 User Responsibility

  • You use AI recommendations at your own discretion
  • Consider your personal preferences, budget, and lifestyle
  • Seek professional fashion advice for important occasions if needed
  • Remember that style is subjective and personal

8. Payment and Subscription Terms

8.1 Analysis Limits and Subscription Model

Free Usage:

  • 6 full analyses for testing (3 analyses in production)
  • Complete feature access within usage limits
  • All analysis tabs, insights, and recommendations included
  • No feature restrictions or premium-only content

Subscription Required:

  • After free analyses are used, subscription required to continue
  • Monthly Subscription: $14.99/month for unlimited analyses
  • Annual Subscription: $99.99/year for unlimited analyses (save 44%)
  • Subscription provides unlimited access to same features

8.2 Apple App Store Billing

Subscription Management:

  • All subscriptions are processed through Apple App Store
  • Billing is handled by Apple according to their terms
  • Subscription auto-renews unless cancelled 24 hours before renewal
  • Manage subscriptions through your Apple ID account settings

Payment Processing:

  • Charges will appear on your Apple App Store account
  • Apple's standard terms and conditions apply to all transactions
  • Payment methods are managed through your Apple ID
  • Subscription prices may vary by region based on Apple's pricing

8.3 Cancellation and Refunds

Subscription Cancellation:

  • Cancel anytime through Apple App Store settings
  • Cancellation takes effect at the end of current billing period
  • You retain access to premium features until subscription expires
  • No partial refunds for unused subscription time

Refund Policy:

  • Refunds are governed by Apple App Store refund policy
  • Request refunds directly through Apple App Store
  • Refund decisions are made solely by Apple
  • We cannot process refunds outside of Apple's system

8.4 Price Changes

  • Subscription prices may change with 30 days notice
  • Existing subscribers will be notified before price changes
  • Price changes apply to new billing cycles only
  • You may cancel before price changes take effect

9. Service Availability and Modifications

9.1 Service Availability

  • We strive to provide reliable service but cannot guarantee 100% uptime
  • Maintenance, updates, and technical issues may cause temporary unavailability
  • We may modify or discontinue features with reasonable notice
  • Analysis limits are enforced in real-time and cannot be circumvented

9.2 App Updates

  • We may release updates to improve functionality and security
  • Some updates may be required for continued service access
  • New features may be added or existing features may be modified
  • Subscription features and pricing may be updated

9.3 Service Changes

We reserve the right to:

  • Modify or enhance App features
  • Change our AI algorithms and analysis methods
  • Update user interface and user experience
  • Add or remove integrations with third-party services
  • Adjust analysis limits or subscription pricing with notice

10. User Conduct and Community Guidelines

10.1 Respectful Behavior

  • Treat others with respect and kindness
  • Do not engage in harassment, bullying, or discriminatory behavior
  • Respect diverse style preferences and fashion choices
  • Maintain a positive and supportive community environment

10.2 Content Standards

  • Upload only appropriate fashion and outfit content
  • Ensure content is suitable for all audiences
  • Do not upload violent, illegal, or harmful content
  • Respect intellectual property rights

10.3 Reporting Violations

If you encounter inappropriate content or behavior:

  • Report violations through in-app reporting mechanisms
  • Provide specific details about the violation
  • Allow us reasonable time to investigate and respond

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
  • DAMAGES RESULTING FROM USE OF AI RECOMMENDATIONS
  • DAMAGES EXCEEDING THE AMOUNT YOU PAID FOR THE SERVICE
  • SUBSCRIPTION BILLING ISSUES PROCESSED THROUGH APPLE

11.3 Exceptions

Some jurisdictions do not allow limitations on certain warranties or damages. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless FitCheck AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your upload of content that infringes on others' rights
  • Your violation of applicable laws or regulations
  • Subscription disputes processed through Apple App Store

13. Termination

13.1 Termination by You

  • You may delete your account at any time through the App settings
  • Upon account deletion, your data will be permanently removed within 30 days
  • Active subscriptions will continue until the end of the billing period
  • Cancel subscriptions separately through Apple App Store settings

13.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms or our policies
  • You engage in fraudulent or illegal activity
  • You attempt to circumvent usage limits or subscription requirements
  • Your account is inactive for an extended period
  • We discontinue the service (with reasonable notice)

13.3 Effects of Termination

Upon termination:

  • Your access to the App will be revoked immediately
  • Your data will be deleted according to our Privacy Policy
  • Subscription refunds are subject to Apple App Store policy
  • These Terms will continue to apply to past use of the service

14. Apple-Specific Terms

14.1 App Store Terms

  • Your relationship with Apple is governed by Apple's Terms of Service
  • Apple is not responsible for the App or content
  • Apple has no obligation to provide support for the App
  • You acknowledge Apple is a third-party beneficiary of these Terms

14.2 Device Requirements

  • Compatible iOS device and operating system required
  • Internet connection required for full functionality
  • Camera access required for photo upload features
  • Storage space required for app installation and photo caching

14.3 Geographic Restrictions

  • App availability subject to Apple App Store geographic restrictions
  • Some features may vary by region
  • Subscription pricing may vary by country
  • Local laws and regulations apply

15. Dispute Resolution

15.1 Informal Resolution

Before pursuing formal legal action, please contact us to resolve disputes informally:

  • Email: kstarventures@gmail.com
  • Subject: "Terms Dispute"
  • We will respond within 30 days and work toward resolution

15.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration:

  • Governed by the American Arbitration Association rules
  • Single arbitrator selected through AAA procedures
  • Location: Delaware, United States
  • Language: English

15.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

15.4 Apple Disputes

Disputes related to Apple App Store billing or subscriptions must be resolved through Apple's dispute resolution process.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Any legal proceedings will be conducted in the courts of Delaware.

17. International Users

If you are using the App from outside the United States:

  • You are responsible for compliance with local laws
  • Data may be transferred to and processed in the United States
  • These Terms will be interpreted according to Delaware law
  • Subscription pricing subject to local Apple App Store pricing

18. Changes to Terms

18.1 Updates

We may update these Terms from time to time. When we do:

  • We will post the updated Terms in the App
  • We will update the "Last Updated" date
  • For material changes, we will provide 30 days' notice
  • Continued use after changes constitutes acceptance

18.2 Notification Methods

We may notify you of changes through:

  • In-app notifications
  • Email notifications
  • App store update notes
  • Website announcements

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitCheck AI regarding use of the App.

19.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

19.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

20. Contact Information

If you have questions about these Terms of Service, please contact us:

General Support: kstarventures@gmail.com
Legal Inquiries: kstarventures@gmail.com
Subscription Support: kstarventures@gmail.com
Apple App Store Issues: kstarventures@gmail.com
Response Time: We will respond to inquiries within 5 business days.