Terms of Service

1. Agreement to Our Terms

We are TryItOn (“Company”, “we”, “us”, “our”), a company registered in Germany. We operate the website at tryiton.now, our mobile applications (available on the Apple App Store and Google Play), our browser extension, and any related products and services that link to these terms (the “Services”). TryItOn is a virtual try-on platform that lets you see how clothes fit and look before you buy.

These Legal Terms are a binding agreement between you and TryItOn. By accessing the Services, you agree to be bound by them. If you don’t agree, you must stop using the Services.

The Services are intended for users who are at least 18. Persons under 18 are not permitted to register or use the Services.

We may update these Terms from time to time. For scheduled changes, we’ll provide prior notice by posting an update or emailing you. Continuing to use the Services after the effective date means you accept the modified terms.

Contact us at [email protected].

2. Our Services

The Services are not intended for distribution to or use by any person in any jurisdiction where doing so would be contrary to law or would subject us to a registration requirement. If you choose to access the Services from such a location, you do so on your own initiative and are responsible for compliance with local law.

3. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property in the Services — including source code, databases, software, design, imagery, audio, video, text, graphics (the “Content”), and our trademarks, service marks, and logos (the “Marks”). All of this is protected by copyright, trademark, and other laws.

Your license to use the Services

Subject to your compliance with these Terms (including the Prohibited Activities section), we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and download or print Content for your personal, non-commercial use.

Beyond that, no part of the Services and no Content or Marks may be copied, republished, displayed, distributed, sold, licensed, or otherwise exploited without our prior written permission. To request permission, email [email protected]. Any breach is a material breach of these Terms and immediately ends your right to use the Services.

4. User Representations

By using the Services, you represent and warrant that:

• all registration information you submit is true, accurate, and complete;
• you will keep that information accurate and update it as needed;
• you have the legal capacity to enter into and comply with these Terms;
• you are not a minor in your jurisdiction;
• you will not access the Services through bots, scripts, or other automated means;
• you will not use the Services for any illegal or unauthorized purpose, or in violation of any applicable law.

If you provide information that is untrue or incomplete, we may suspend or terminate your account.

5. User Registration

You may need to register to use parts of the Services. Keep your password confidential — you’re responsible for all activity under your account. We may reclaim or change a username if we determine, at our discretion, that it is inappropriate, obscene, or otherwise objectionable.

6. Purchases and Payment

On our website, we accept major payment methods through Stripe, including Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, Google Pay, Klarna, Afterpay, SEPA Direct Debit, iDEAL, Bancontact, Sofort, and others. All payments are in Euros.

Purchases and subscriptions made inside our mobile apps are processed as in-app purchases through the Apple App Store or Google Play (including via Apple Pay or Google Pay) and are managed for us by RevenueCat. Those transactions are also governed by the terms and payment policies of the applicable app store, and the available prices, currencies, and taxes may differ from those on our website.

You agree to provide accurate purchase and account information, to keep payment details up to date, and to authorize us (or our processor) to charge your chosen payment method for amounts due. Sales tax may be added where required. We may correct pricing errors at any time, even after a charge has been requested or received, and we may refuse or limit any order at our discretion.

7. Subscriptions

Billing and renewal

Subscriptions automatically renew on a monthly billing cycle. You authorize us (or, for in-app subscriptions, the Apple App Store or Google Play) to charge your payment method for each renewal until you cancel.

Cancellation

All purchases are non-refundable. For subscriptions purchased on our website, you can cancel anytime from Settings → Manage Subscription, or by emailing [email protected]. For subscriptions purchased inside our mobile apps, billing, renewal, cancellation, and any refunds are handled by the Apple App Store or Google Play through your store account and are subject to that store’s policies. Your cancellation takes effect at the end of the current paid term.

Fee changes

We may change subscription fees from time to time. We’ll communicate any price change in accordance with applicable law.

8. Prohibited Activities

You may not use the Services for any purpose other than what we’ve made them available for. Specifically, you agree not to:

• scrape, systematically retrieve, or compile data from the Services without our written permission;
• trick, defraud, or mislead us or other users (including attempting to obtain account passwords);
• circumvent, disable, or interfere with security or access-control features of the Services;
• harass, abuse, or harm any user, employee, or agent of TryItOn;
• upload viruses, Trojan horses, web bugs, or any code that interferes with the Services;
• use bots, spiders, scrapers, or other automated tools, or any unauthorized scripts;
• attempt to bypass measures designed to restrict access to the Services;
• decompile, disassemble, or reverse-engineer any part of the Services, except as permitted by law;
• impersonate another user or use their username;
• collect usernames or emails to send unsolicited messages;
• sell or transfer your account, or use the Services as part of an effort to compete with us;
• misuse AI-generated content, engage in fraudulent or deceptive activity, or attempt to bypass payment or subscription requirements;
• upload or generate content that violates intellectual property rights or any applicable law.

9. User Contributions

The Services may invite you to upload, post, or otherwise submit content — for example photos, garments, comments, feedback, or other materials (“Contributions”). When you do, you represent and warrant that:

• you own or have the rights, licenses, and consents needed to use and authorize us to use your Contributions;
• you have permission from any identifiable person whose name or likeness appears in your Contributions;
• your Contributions are not false, misleading, infringing, obscene, harassing, threatening, or otherwise unlawful;
• your Contributions don’t violate anyone’s privacy or publicity rights, or any applicable law.

License you grant us

By posting Contributions, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, distribute, publicly display, and otherwise use your Contributions to operate, improve, and promote the Services. You retain ownership of your Contributions; we don’t claim any.

We may, at our sole discretion, edit, redact, re-categorize, or remove any Contributions at any time, and we may suspend or disable your account if your Contributions breach these Terms.

10. Social Media and Third-Party Content

You may link your account to a third-party service such as Google or Apple. By granting us access, you allow us to access and store content you’ve provided to that account so it’s available within the Services. You can disconnect a third-party account at any time from settings or by contacting us. Your relationship with the third-party provider is governed solely by your agreement with them.

The Services may contain links to third-party websites and content. We don’t investigate, monitor, or endorse them, and we’re not responsible for their content, accuracy, privacy practices, or any purchase you make through them. Once you leave the Services, these Terms no longer govern.

11. Services Management

We reserve the right (but not the obligation) to monitor the Services for violations of these Terms, take appropriate legal action against violators, restrict or remove any Contributions that breach these Terms or are excessive in size, and otherwise manage the Services to protect our rights and keep things running.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by it. The Services are hosted in the United States and Germany. By using the Services from elsewhere, you consent to your data being transferred to and processed in those countries.

13. Copyright Infringements

We respect intellectual-property rights. If you believe material on the Services infringes your copyright, notify us at [email protected] with the relevant details. A copy of your notice may be sent to the person who posted the material. Note that you may be liable for damages if you make material misrepresentations — if you’re unsure, consult a lawyer first.

14. Term and Termination

These Terms remain in effect while you use the Services. We may, at our sole discretion and without notice or liability, deny access to the Services (including blocking IP addresses) and terminate your account or any Contributions at any time, for any reason — including breach of these Terms or any applicable law.

If we terminate or suspend your account, you may not register again under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action.

15. Modifications and Interruptions

We may change, modify, or remove the Services at any time, for any reason, without notice. We’re not liable for any modification, price change, suspension, or discontinuance.

We can’t guarantee the Services will always be available. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions or errors. We have no liability for any loss or inconvenience caused by downtime or discontinuance.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of Germany. The use of the UN Convention on Contracts for the International Sale of Goods is excluded. If you’re a consumer in the EU, you also benefit from the mandatory provisions of the law of the country where you live. We both agree to submit to the non-exclusive jurisdiction of the courts of Amberg, Germany.

Informal negotiations

Before initiating arbitration, both parties agree to first try to resolve any dispute informally for at least 30 days, starting from written notice from one party to the other.

Binding arbitration

Any unresolved dispute will be settled by a single arbitrator under the rules of the European Court of Arbitration (European Centre of Arbitration, Strasbourg). The seat of arbitration is Bodenwöhr, Germany; the language is English; the applicable substantive law is German law.

Restrictions and exceptions

Arbitration is limited to disputes between the parties individually — no class actions, joinders, or representative claims. Disputes about intellectual property, theft, piracy, invasion of privacy, unauthorized use, or claims for injunctive relief are not subject to the informal-negotiation and arbitration requirement and may be brought before the courts listed above.

17. Disclaimer and Limitations of Liability

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of any Content, and we’re not responsible for: errors or inaccuracies; personal injury or property damage arising from your use of the Services; unauthorized access to our servers; interruptions in transmission; bugs, viruses, or similar; or losses caused by any Content posted or transmitted through the Services.

To the fullest extent permitted by law, we and our directors, employees, and agents will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, or lost data, even if we’ve been advised of the possibility. Our total liability to you for any cause will be limited to the lesser of (a) the amount you paid us in the 3 months before the cause of action arose, or (b) €100. Some jurisdictions don’t allow these limitations, in which case some of them may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold us harmless — including our affiliates, officers, agents, and employees — from any loss, damage, claim, or demand (including reasonable attorneys’ fees) made by a third party arising from: your Contributions; your use of the Services; your breach of these Terms or your representations; your violation of a third party’s rights (including intellectual property); or any harmful act toward another user. We may assume exclusive defense of any matter for which you have to indemnify us, at your expense, and you agree to cooperate.

19. User Data

We maintain certain data you transmit to the Services to manage their performance and your usage. We perform routine backups, but you are solely responsible for the data you transmit and any activity you take using the Services. We have no liability for any loss or corruption of such data, and you waive any right of action against us for it.

20. Electronic Communications and Signatures

Visiting the Services, sending us emails, and completing online forms count as electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communications be in writing. You also consent to the use of electronic signatures, contracts, orders, and records, and waive any rights requiring an original signature or non-electronic delivery.

21. California Users and Miscellaneous

California users

If a complaint with us isn’t resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms (together with any policies posted on the Services) form the entire agreement between you and us. Our failure to enforce any right or provision is not a waiver of it. We may assign our rights and obligations to others at any time. We are not liable for failures caused by events beyond our reasonable control. If any provision is found unlawful or unenforceable, that provision is severed and the remaining provisions remain in effect. No joint venture, partnership, employment, or agency relationship is created by these Terms. You waive any defenses based on the electronic form of these Terms.

Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions — including descriptions, pricing, and availability. We may correct any of these and update information at any time without prior notice.

22. Mobile Application and App Stores

If you access the Services through an application obtained from the Apple App Store or Google Play (each an “App Distributor”), we grant you a non-transferable, revocable license to use the app on a device you own or control, in accordance with these Terms and the usage rules of the applicable App Distributor.

You acknowledge that these Terms are between you and us only, and not with an App Distributor. The App Distributor has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify the App Distributor (and, for Apple, Apple may refund the purchase price, if any); to the maximum extent permitted by law, the App Distributor has no other warranty obligation. The App Distributor is not responsible for addressing any claims relating to the app, including product-liability, regulatory, or intellectual-property claims. You represent that you are not located in a country subject to a U.S. government embargo or designated as “terrorist-supporting,” and that you are not on any U.S. government restricted-party list.

You agree to comply with applicable third-party terms (for example, your wireless data plan and the App Distributor’s terms) when using the app. The App Distributors are intended third-party beneficiaries of these Terms and may enforce them against you.

23. Merchant and Storefront Integrations

We also make the Services available to businesses (“Merchants”) that add the virtual try-on to their own online stores, including through the Shopify App Store. This section applies both to Merchants and to shoppers who use the try-on on a Merchant’s store, in addition to the rest of these Terms.

For Merchants

• You may install and use the try-on only on stores you own or are authorized to operate, and you are responsible for your use of it and for your shoppers’ use of it on your store.
• As between you and TryItOn, you are the controller of the personal data your shoppers provide through the try-on, and TryItOn processes that data on your behalf as described in our Privacy Policy and our Data Processing Agreement. You are responsible for obtaining any consents and providing any notices required in your shoppers’ jurisdictions — including for photo uploads and, where you enable the newsletter feature, for email-marketing consent — and for maintaining your own privacy policy.
• Newsletter capture. If you enable the newsletter feature, you are responsible for the credentials you supply for your email provider (Shopify, Mailchimp, or Klaviyo), for having a lawful basis to contact the subscribers you collect, and for your marketing’s compliance with applicable law (for example, the GDPR and CAN-SPAM Act). Emails captured through the feature are delivered to the list you designate; TryItOn does not retain them after forwarding.
• You must not misrepresent the try-on’s outputs, or use the try-on on products you are not authorized to sell.
• Fees for Merchant plans may be billed through the platform you installed the app on (for example, Shopify) and are subject to that platform’s terms in addition to these Terms.

For shoppers on a Merchant’s store

When you use the try-on on a Merchant’s store, the Merchant chooses to offer it and is responsible for their store and for any purchase you make there — your purchase relationship is with the Merchant, not with TryItOn. Your use of the try-on itself remains subject to these Terms and our Privacy Policy, including that the try-on is intended for people who are at least 18.

24. Contact Us

For complaints about the Services or for further information, email us at [email protected].