Terms of Service

1. Acceptance of Terms

By accessing or using the FitIQ mobile application and related services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

These Terms constitute a legally binding agreement between you and FitIQ, Inc. ("FitIQ," "we," "us," or "our").

2. Description of Service

FitIQ is an AI-powered personal style assistant that provides:

• Body shape analysis using computer vision technology
• Skin tone detection and color palette recommendations
• Personalized style and fashion recommendations
• Digital wardrobe management tools
• Style analytics and insights
• Premium features including personal stylist consultations

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to use your account only for lawful purposes and in accordance with these Terms.

4. Acceptable Use

You agree not to use our Service to:

• Upload inappropriate, offensive, or illegal content
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Service
• Use the Service for commercial purposes without permission
• Upload photos of other people without their consent
• Reverse engineer or attempt to extract our AI algorithms

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of photos and other content you upload ("User Content"). By uploading User Content, you grant us a limited license to:

• Process and analyze your content using our AI technology
• Store your content for the purpose of providing our Service
• Use aggregated, anonymized data to improve our algorithms

5.2 Our Content

The Service, including all text, graphics, software, AI algorithms, and other content, is owned by FitIQ and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding without authorization
• Attempt to reverse engineer our AI technology

6. Premium Subscriptions

6.1 Subscription Plans

We offer premium subscription plans with enhanced features. By subscribing, you agree to:

• Pay the subscription fees as described in our pricing
• Automatic renewal unless cancelled
• The terms specific to your chosen plan

6.2 Billing and Cancellation

• Subscriptions renew automatically unless cancelled
• You can cancel anytime through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial subscription periods
• We reserve the right to change pricing with notice

6.3 Free Trial

We may offer free trials for premium features. Trial terms will be specified at sign-up. If you don't cancel before the trial ends, you'll be charged for the subscription.

7. AI Technology and Accuracy

7.1 AI Limitations

Our AI technology provides analysis and recommendations based on computer vision and machine learning. While we strive for accuracy, you acknowledge that:

• AI analysis may not always be 100% accurate
• Results are based on the quality of uploaded photos
• Recommendations are suggestions, not professional advice
• Individual results may vary

7.2 No Professional Advice

Our Service provides automated recommendations and is not a substitute for professional styling, medical, or other professional advice.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy points:

• We use your data to provide and improve our Service
• Photos are processed securely and can be deleted anytime
• We don't sell your personal information to third parties
• You can export or delete your data at any time

9. Disclaimers and Limitations

9.1 Service Availability

We strive to maintain Service availability but cannot guarantee uninterrupted access. The Service is provided "as is" without warranties of any kind.

9.2 Limitation of Liability

To the maximum extent permitted by law, FitIQ shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.

9.3 Disclaimer of Warranties

We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

11.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Abuse our Service or other users
• Fail to pay subscription fees

11.3 Effect of Termination

Upon termination, your access to the Service will cease, and we may delete your account data according to our data retention policies.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by:

• Posting updated Terms on our website
• Sending notifications through the app
• Emailing registered users

Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitIQ regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

14.4 No Waiver

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