Terms and Conditions

Last updated: 02/12/2025

These Terms and Conditions govern the use of the platform, services, and tools provided by Fitit SAS ("Fitit"). They are organized into two parts: PART A – Applies to Companies, Brands, and Ecommerce that integrate Fitit (Clients). PART B – Applies to End Users who use Fitit within an Ecommerce. The use of any Fitit service implies full acceptance of these Terms.

PART A – TERMS APPLICABLE TO CLIENTS (B2B)

Acceptance, Scope, and Prevalence

By integrating or using Fitit, the Client declares and agrees that:

  • They have read and fully accept these Terms.
  • They have sufficient legal capacity to enter into binding agreements.
  • Any instruction published on the platform is considered an integral part of these Terms.
  • These Terms prevail over any other agreement or policy regarding the matters contained herein, except for conditions specifically established in the commercial agreement or license agreement signed between Fitit and the Client.
  • If the Client does not accept these Terms, they must refrain from using Fitit.

Modifications

  • Fitit may modify these Terms at any time.
  • Updates take effect upon publication.
  • Continued use after any modification constitutes acceptance of the changes.

Services Provided by Fitit

Fitit provides technological tools, including:

  • Intelligent size recommendation.
  • Dynamic size guides by product.
  • Try-On using the user's photograph.
  • Analysis of garments uploaded by users.
  • Automatic measurement modules.
  • Digital wardrobe and history of sizes and Try-On.
  • Analytics dashboards with aggregated and anonymous information.
  • Integration with analytics platforms such as Google Analytics.

Fitit may expand or update functionalities without prior notice.

Client Responsibilities

The Client is responsible for:

  • Providing accurate information regarding sizes, measurements, variants, and product images.
  • Properly informing its users about the use of Fitit.
  • Complying with its legal obligations related to sales, returns, and customer service.
  • Implementing Fitit according to the technical specifications provided.

Fitit is not responsible for:

  • Sizing errors arising from incorrect information provided by the Client.
  • Purchase decisions made by end users.
  • Returns, claims, or user perceptions.
  • Failures derived from the Ecommerce's design or user experience.

Data, Metrics, and Privacy

  • The processing of data is governed by Fitit's Privacy Policy, which forms an integral part of these Terms.
  • The Client understands that Fitit only accesses anonymous data from analytics tools, exclusively to measure performance, impact, and improve its services.
  • Fitit may provide the Client with anonymous information regarding recommended sizes, Try-On usage, aggregated metrics, and non-identifiable data.
  • The Client will not have access to personal photographs uploaded by users, except for images generated in a fully anonymous manner with no possibility of identifying the person.

Intellectual Property

Everything related to Fitit is the exclusive property of Fitit SAS, including:

  • Software, code, APIs, and SDKs.
  • Artificial intelligence models.
  • Algorithms and recommendation logic.
  • Interfaces, documentation, and design.
  • Images generated by the platform.

The Client only receives a license that is: Non-exclusive, Revocable, Non-transferable.

Prohibited Uses

The Client is prohibited from:

  • Accessing, copying, modifying, or attempting to derive the source code or models.
  • Performing reverse engineering.
  • Attempting to identify users based on anonymous data provided by Fitit.
  • Altering the integration or using Fitit for unauthorized purposes.
  • Reusing data generated by Fitit for unauthorized purposes.

Limitation of Liability

Fitit will not be liable for:

  • Direct or indirect damages.
  • Loss of sales or revenue.
  • Errors arising from information provided by the Client.
  • Technical issues, temporary outages, or interruptions.
  • Consequences of incorrect or unauthorized use of the system.

Service Suspension

Fitit may suspend the service if:

  • The Client breaches these Terms.
  • There are security, integrity, or misuse risks.
  • There is commercial non-compliance or non-payment.

Termination

  • The Client may cancel its subscription in accordance with the commercial agreement signed.
  • Requests or inquiries must be sent to: info@fitit.ai

Governing Law and Jurisdiction

  • These Terms are governed by the laws of the Oriental Republic of Uruguay.
  • The parties expressly submit to the Courts and Tribunals of the Department of Montevideo for any dispute.

PART B – TERMS APPLICABLE TO END USERS (B2C)

User Acceptance

By using Fitit within an Ecommerce, the user declares:

  • They have read and accepted these Terms.
  • They accept Fitit's Privacy Policy.
  • They are responsible for the content they upload and for their purchase decisions.

Use of the Service

Fitit allows the user to:

  • Receive a personalized size recommendation.
  • Upload photos to use the Try-On feature.
  • Upload photos of their own garments in order to obtain real measurements.
  • Access their visual history, sizes used, and digital wardrobe.

User-Uploaded Content

The user undertakes to:

  • Only upload images of themselves or images for which they have the right to use.
  • Not upload images of third parties without authorization.
  • Not upload inappropriate, illegal, offensive, or prohibited content.

Fitit may remove images that violate these Terms.

Use and Storage of Photographs

The user understands and agrees that:

  • Their original photographs are stored for future use within Fitit.
  • Images generated by the system are also stored.
  • The photos are not used to identify individuals nor for facial recognition.
  • The images may be used in a completely anonymous way for system analysis and improvement.

Size Recommendation

The user accepts that:

  • Recommendations are estimates based on algorithms.
  • The correct size cannot be guaranteed in all cases.
  • Purchase decisions are the sole responsibility of the user.

Privacy

The processing of personal data is governed by Fitit's Privacy Policy, which the user accepts when using the service.

Account and Content Deletion

The user may request the deletion of: their account, their original photos, and their generated images, through: the Fitit modal within the Ecommerce, or by sending an email to: info@fitit.ai. Anonymous data may be retained for system analysis.

Governing Law and Jurisdiction

  • These Terms are governed by Uruguayan law.
  • Any dispute will be submitted to the Courts and Tribunals of the Department of Montevideo.

Contact

For any questions about these Terms and Conditions, please contact us at info@fitit.ai

The date of these "Terms and Conditions" is 02/12/2025.