Terms of Service

1. What Fitly Is

Fitly is a virtual try-on widget that e-commerce merchants embed on their online stores. Shoppers visiting those stores can upload a photo of themselves, and Fitly uses AI to generate an image showing how a product might look on them. These Terms govern your use of the Fitly platform, widget, APIs, and related services (collectively, the “Service”).

There are two types of users: Merchants, who subscribe to Fitly and embed the widget on their stores, and Shoppers, who interact with the widget as end users without creating a Fitly account.

2. Merchant Accounts

Merchants register with an email address and password. Each merchant maintains one account. Upon registration you receive an API key that authenticates your widget installation. You are responsible for keeping your API key confidential—treat it like a password. If you believe your key has been compromised, rotate it immediately from your dashboard.

You must provide accurate information when creating your account and keep it up to date. You may not share your account credentials with third parties.

3. Acceptable Use

You agree not to:

• Use the Service to generate fake, misleading, deceptive, or harmful images, including non-consensual imagery of real people.
• Circumvent or attempt to bypass usage limits, rate limits, or domain restrictions.
• Resell, sublicense, or provide access to the Fitly API or widget as your own product or service.
• Embed the widget on domains that are not registered in your Fitly dashboard. The widget will only function on your whitelisted domains.
• Reverse-engineer, decompile, or extract source code from the widget or any part of the Service.
• Use the Service in any way that violates applicable law.

4. Intellectual Property

Fitly’s property: The Service, widget code, APIs, dashboard, documentation, and all related technology are owned by Fitly. Nothing in these Terms transfers ownership of any Fitly intellectual property to you.

Merchant content: You retain ownership of your product images and store content. By uploading product images to Fitly, you grant us a limited license to process and display them through the widget.

Generated try-on images: Fitly grants merchants a non-exclusive, royalty-free license to use AI-generated try-on images for commercial purposes related to their store.

Shopper photos: Photos uploaded by shoppers belong to the shopper. Fitly processes these photos solely to generate the try-on result and does not claim any ownership over them. See Section 7 for how we handle this data.

5. Plans, Pricing & Payment

Fitly offers the following subscription plans:

Paid subscriptions are billed monthly through Stripe. Usage allowances reset on the 1st of each calendar month. When you exceed your plan’s try-on limit, additional requests will be rejected until the next billing cycle.

Upgrades take effect immediately and are prorated for the current billing period. Downgrades take effect at the end of the current billing cycle.

6. Widget Embedding & Merchant Responsibilities

When you embed the Fitly widget on your store, you are responsible for:

• Disclosing to your shoppers that the virtual try-on feature is powered by AI and that their uploaded photos will be processed by a third-party service (Fitly).
• Maintaining an appropriate privacy policy on your store that covers the collection and processing of shopper photos through the widget.
• Ensuring the widget is only embedded on domains you have registered in your Fitly dashboard.

7. Data Handling & Third-Party Processing

Shopper photos uploaded through the widget are used solely to generate the try-on image. These photos are deleted from our systems within 24 hours of processing.

To generate try-on images, Fitly sends data to third-party AI providers, which may include Google Gemini, xAI, and Replicate. These providers process data according to their own terms and privacy policies.

For full details on what we collect and how we handle it, see our Privacy Policy.

8. Limitation of Liability

AI-generated try-on images are approximations. They do not guarantee how a product will actually fit, look, or feel in person. Differences in lighting, body shape, fabric behavior, and other factors mean the generated image may not match reality.

Fitly is not liable for purchase decisions that shoppers make based on try-on results. Merchants remain responsible for their own return policies, product descriptions, and customer satisfaction.

To the maximum extent permitted by law, Fitly’s total liability to you for any claims arising from or related to the Service is limited to the amount you paid to Fitly in the 12 months preceding the claim. Fitly is not liable for indirect, incidental, special, consequential, or punitive damages.

9. Service Availability

Fitly does not guarantee uptime for free-tier accounts. For paid plans, we make reasonable commercial efforts to keep the Service available but do not offer a formal SLA. We may perform maintenance that temporarily affects availability and will endeavor to provide advance notice when possible.

10. Termination

By you: You can cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current billing period. Your account and data will be retained for 30 days after cancellation, then permanently deleted.

By Fitly: We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or fail to pay. We will make reasonable efforts to notify you before suspension, except in cases of severe abuse where immediate action is necessary.

Upon termination, your API key is revoked and the widget will stop functioning on your store. Any stored product images and account data will be deleted.

11. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice in your dashboard at least 14 days before the changes take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by the laws of the United States. Any disputes arising from these Terms or the Service will be resolved in accordance with applicable federal and state law.

13. Contact

Questions about these Terms? Contact us.