Outfitly - Terms of Use

Last Updated: October 2024

Welcome to Outfitly! Please read these Terms of Use ("Agreement" or "Terms") carefully before using any services provided by Outfitly. This Agreement governs your access to and use of the Outfitly website at Outfitly.ai and all related services, features, content, and any applications we offer (collectively, "Services"). By accessing or using our Services in any manner, you agree to be bound by these Terms, including the Privacy Policy incorporated here, which explains how we handle your personal data.

1. Acceptance of Terms of Use

The Services are available to you subject to your acceptance of these Terms and any other operating rules and policies published by Outfitly. Specific services may also be subject to additional terms, which are incorporated here by reference. Your use of the Services constitutes acceptance of these Terms. Outfitly reserves the right to modify or discontinue offering the Services to any person or entity at our discretion, as well as to change eligibility criteria. Access to our Services is prohibited in jurisdictions where these Terms would be in conflict with local law.

2. Changes to Terms and Service Availability

Outfitly reserves the right, at its sole discretion, to modify or replace these Terms of Use or to change, suspend, or discontinue the Services (including, but not limited to, availability of any feature, database, or content) at any time. It is your responsibility to review the Terms of Use periodically for any updates. Continued use of the Services after modifications indicates your acceptance of the new Terms.

3. User Eligibility and Responsibilities

Age Requirements

You must be at least 18 years old to use the Services or meet the minimum age of digital consent in your jurisdiction. Users under this age must have this Agreement approved by a parent or guardian who agrees to be bound by these Terms and is responsible for the minor's activities on the Service.

User Responsibilities

By using Outfitly's Services, you agree to:

  • Use the Services only for their intended purpose, such as virtual outfit simulation or fashion visualization.
  • Refrain from violating any applicable laws, rules, or regulations.
  • Ensure that you hold rights or consent to use images of individuals or product photos you upload.

Prohibited Actions

You are prohibited from using the Services in any manner that:

  • Violates intellectual property rights or privacy of others.
  • Engages in abusive, defamatory, deceptive, or objectionable behavior.
  • Exploits minors or produces harmful or offensive content.
  • Disrupts the functionality of Outfitly's Services or infrastructure.
  • Attempts unauthorized data extraction, reverse engineering, or unauthorized duplication.

Content Responsibility

You are responsible for any content you upload to the Outfitly Services and bear all risks associated with it. You must ensure that no sensitive personal information is shared through our Services.

Security and Integrity

You must not attempt to breach our security mechanisms or engage in illegal activities. Any attempts to compromise the integrity of the Services will result in termination of your access and potential legal action.

4. Intellectual Property Rights and Licensing

Outfitly's IP Rights

All logos, trademarks, and other proprietary materials are trademarks or registered trademarks owned by Outfitly. You agree not to use any Outfitly marks without prior written consent.

Your Rights and License

Upon agreeing to these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal or business purposes as permitted by these Terms.

User Contributions and Shared Content

By submitting any input, assets, or content to Outfitly, you grant us a non-exclusive, royalty-free license to use, copy, and process it for the purpose of improving and operating the Services.

5. Links to and From Other Websites

Outfitly may contain links to other websites. Outfitly is not responsible for the content of linked websites and does not endorse their Terms of Use or policies. You may link to our site as long as this does not imply any endorsement, and we reserve the right to revoke this permission at any time.

6. Fees and Payments

Price Changes

Outfitly reserves the right to adjust subscription prices, which will take effect at the start of the next billing period after notification.

Taxes

You are responsible for any applicable taxes or duties. Late payments may result in temporary suspension of access.

7. Termination

Outfitly may terminate your access to the Services if you breach these Terms. Upon termination, your rights and licenses granted here will cease immediately.

8. Limitation of Liability and Disclaimer

Use at Your Own Risk

The Services are provided "AS IS" and "AS AVAILABLE." Outfitly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

Outfitly shall not be liable for indirect, incidental, special, or consequential damages arising from your use of the Services. The maximum liability of Outfitly for any claim shall not exceed $500 or the amount paid by you within the last 12 months.

9. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by the laws of Brazil, without regard to its conflict of law principles.

Arbitration Agreement

By using our Services, you agree to resolve disputes through binding arbitration rather than court proceedings, with any arbitration taking place in Brazil or a mutually agreed location. Arbitration shall be conducted under the rules of a recognized arbitration body in accordance with applicable arbitration laws. The specific rules and location of arbitration will be determined based on the parties' location and preference, ensuring both compliance and accessibility.

No Class Actions

Disputes shall be resolved on an individual basis, and you waive any right to participate in a class action lawsuit against Outfitly.

10. International Use and Compliance

Local Laws

Users accessing our Services from any location are responsible for ensuring compliance with all applicable local, regional, and international laws, including those specific to their jurisdiction. Outfitly makes no representation that the Services are permitted under all local jurisdictions.

Data Privacy Compliance

We comply with applicable data protection regulations, including the GDPR for users in the European Economic Area. Please review our Privacy Policy for more information on how we handle your data.

11. General Provisions

Assignment

You may not assign these Terms without our prior written consent. Outfitly may assign these Terms without restriction.

Severability

If any part of these Terms is found to be unenforceable, the remaining portions shall remain in full effect.

Entire Agreement

These Terms constitute the entire agreement between you and Outfitly.

Contact Us

For any questions or concerns about these Terms, please reach out to us at contact@outfitly.ai.