Welcome to FitCheck. These Terms of Service (the “Terms”) govern your access to and use of the FitCheck Chrome browser extension, iOS mobile application, website at www.ifitcheck.com, and any related services we offer (collectively, the “Service”). The Service is operated by an individual sole proprietor based in Atlanta, Georgia, United States, doing business as FitCheck (“FitCheck,” “we,” “us,” or “our”).
By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
The Service is intended for users who are at least 16 years old. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to make purchases or enter into these Terms on your own behalf. If you are between 16 and 18, you may only use the Service with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Children under 13. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. This is consistent with the U.S. Children’s Online Privacy Protection Act (COPPA). If you are under 13, do not use the Service, create an account, or submit any information to us. If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact us at [email protected] and we will promptly delete the account and associated data.
Users aged 13–15. Because the Service uses generative AI to process user-submitted photos, we restrict use to individuals 16 and older. If we learn that a user is between 13 and 15, we may suspend or terminate their account.
To use most features you must sign in with a supported identity provider (currently Google Sign-In and Apple Sign-In). You are responsible for maintaining the security of your account and for all activity that occurs under it. Notify us promptly at [email protected] if you suspect unauthorized use.
FitCheck lets you virtually “try on” apparel from supported online retailers by combining a photo you provide (your “avatar photo”) with a product image, using third-party generative AI models. The Service is available as a Chrome extension and an iOS app, both of which communicate with our backend to generate try-on images.
We may add, change, or remove features at any time. We may also limit availability of the Service to specific regions, devices, or platforms.
New accounts receive a limited number of complimentary try-on credits. Complimentary credits are non-transferable, have no cash value, and may expire or be revoked at our discretion (for example, in the event of abuse or account termination).
You may purchase one-time credit packs. Purchased credits are added to your balance and consumed each time you generate a try-on image. Purchased credits do not expire during the ordinary life of your account but are forfeited on account termination for cause.
We may offer time-limited passes (for example, a 2-day pass) that provide unlimited or higher-volume try-ons for the duration of the pass, subject to fair-use limits. Passes are non-refundable once activated and expire automatically at the end of the pass window.
Where we offer subscription plans, each plan includes a monthly allotment of try-ons that resets at the start of each billing cycle. Unused monthly credits do not roll over. Subscriptions renew automatically at the then-current price until cancelled. You may cancel at any time, effective at the end of the current billing period.
A credit is generally consumed when we successfully return a generated image to you. If a generation clearly fails on our side (e.g., server error), we will attempt to refund the credit automatically. Certain safety-related refusals by the underlying AI model may still consume a credit if we deliver a moderation result to you.
Chrome extension purchases are processed by Stripe. iOS purchases are processed through the Apple App Store and managed via RevenueCat. Your payment is subject to the payment processor’s and platform’s terms in addition to ours.
Except where required by applicable law:
Prices, taxes, and available payment methods may change. If you do not agree with a change, cancel or stop using the Service before the change takes effect.
“Your Content” means any photos, images, product URLs, tags, notes, or other materials you submit to the Service, including your avatar photo and items you save to your wardrobe.
You retain all rights in Your Content. You grant FitCheck a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, and process Your Content solely for the purposes of operating, providing, improving, and securing the Service — including transmitting it to third-party AI providers to generate try-on images on your behalf.
You represent and warrant that: (a) you own or have the necessary rights to Your Content; (b) Your Content does not violate any law or third-party right; and (c) any person depicted in a photo you upload has consented to being used in an AI try-on and to processing under these Terms and our Privacy Policy.
Do not upload photos of anyone other than yourself unless you have their explicit permission. Do not upload photos of minors.
Try-on images are generated by third-party generative AI models (currently including models from Google’s Gemini family). Generated images are approximations and may contain artifacts, inaccuracies, or unexpected results. FitCheck does not guarantee that a generated image will accurately represent how a garment will look, fit, or feel in real life.
The underlying AI model may refuse to generate images that it considers unsafe or in violation of its content policies. In such cases, no try-on image will be delivered and, depending on the reason for the refusal, a credit may or may not be refunded.
You may use try-on images we deliver to you for personal, non-commercial purposes. You may not use them to imply endorsement by, sponsorship of, or affiliation with any brand, retailer, model, or other person without appropriate permission.
The Service works with product pages from third-party retailers (for example, Target, Amazon, and others). We are not affiliated with, endorsed by, or sponsored by any retailer unless expressly stated. Product availability, pricing, descriptions, and images shown in the Service are provided by those retailers and may be inaccurate or out of date.
Any purchase of a physical product is a transaction solely between you and the retailer. FitCheck is not a party to that transaction and is not responsible for retailer fulfillment, returns, or customer service.
You agree not to, and not to attempt to:
We may investigate suspected violations and take action, including limiting features, revoking credits, or terminating accounts.
The Service, including its software, design, text, graphics, logos, and trademarks, is owned by FitCheck or its licensors and is protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
Trademarks, logos, product images, and brand names of third-party retailers and brands remain the property of their respective owners. Their appearance within the Service does not imply endorsement of FitCheck by those parties or of those parties by FitCheck.
You may stop using the Service at any time. You may delete your account by contacting us at [email protected] or, where available, through in-app account controls.
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if required by law, or to protect the Service or its users. On termination, your right to use the Service ends and, except where prohibited by law, unused credits and unexpired subscription time may be forfeited if termination is for cause. Sections that by their nature should survive termination (including Sections 5, 6, 9, 11, 12, 13, and 14) will survive.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITCHECK AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free; that AI-generated images will be accurate, appropriate, or meet your expectations; or that product information from retailers will be current or correct. You are solely responsible for decisions you make based on the Service, including purchase decisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITCHECK AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FITCHECK’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FITCHECK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless FitCheck and its officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.
These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws principles. You and FitCheck agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction and venue there. Nothing in this Section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual-property rights.
You and FitCheck agree that any claim must be brought within one (1) year after the cause of action arises, or it will be permanently barred.
The FitCheck Chrome extension is distributed through the Chrome Web Store and is subject to the Chrome Web Store Terms of Service. The extension operates on supported retailer pages only and reads product information from the page to make try-ons possible; it does not modify the retailer’s site beyond adding the FitCheck UI.
If you obtained the FitCheck iOS app through the Apple App Store, the following additional terms apply between you and FitCheck (not Apple):
We may update these Terms from time to time. If we make material changes, we will provide notice by updating the “Last updated” date above and, where appropriate, by additional means (for example, in-app notice or email). Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.
Questions about these Terms? Reach us at [email protected].