1. Acceptance
By installing or using the FitCheck Shopify app (the “Service”), you agree to these Terms of Service. If you do not agree, do not install or use the Service.
2. Description of service
FitCheck provides an AI-powered virtual try-on widget and supporting tools for Shopify stores, including merchant analytics, customer email capture, and AI-generated product imagery. Features may evolve over time. We do not guarantee specific business outcomes such as a defined increase in conversion or revenue.
3. Eligibility
- You must be 18 years old, or the age of majority in your jurisdiction, whichever is higher.
- You must have a valid, active Shopify store.
- Your use of FitCheck must comply with the Shopify Terms of Service. Where our terms conflict with Shopify's, Shopify's controls.
4. Account & access
You are responsible for keeping your Shopify account credentials secure. You are responsible for all activity on your account, including actions taken by staff users you grant access to. We may suspend or terminate access if we reasonably believe these Terms have been violated.
5. Pricing & billing
Plans
- Free:10 try-ons total, intended for evaluation. One “try-on” means one successful AI generation served to a shopper. Cancelled or failed generations are not counted.
- Starter ($14.99/month): 100 try-ons per billing month, with additional try-ons charged at $0.17 each. Unused try-ons do not roll over.
Billing
All charges are processed by the Shopify Billing API and appear on your regular Shopify invoice. Recurring charges and overages are billed in your store's currency.
Refunds
Subscription fees are generally non-refundable. Shopify's policies govern any platform-level refunds. For disputes involving FitCheck, contact us within 14 days and we will review in good faith.
Price changes
We may change pricing for future billing periods. We will notify you at least 30 days in advance via email and in-app notice. Continued use after the change takes effect constitutes acceptance.
6. Acceptable use
You may not, and may not permit others to:
- Reverse engineer, decompile, or attempt to extract source code or models
- Resell, sublicense, or white-label FitCheck without our written permission
- Use the Service to generate, distribute, or sell content that is unlawful, infringing, sexually explicit, or that depicts identifiable individuals without their consent
- Abuse the free tier — including creating multiple stores or reinstalling to reset usage quotas. We reserve the right to detect and prevent such patterns using a hashed install identifier.
- Scrape, crawl, or automate access to the app outside of documented APIs
- Submit inputs you do not have the rights to use, or instruct the Service to produce content that infringes another party's intellectual property or violates applicable laws
7. AI-generated content
FitCheck generates virtual try-on imagery using third-party AI models on top of product and customer imagery you provide.
- Ownership: as between you and FitCheck, you own the try-on outputs generated for your store, subject to the licenses of the underlying AI providers and the rights of any identifiable individuals depicted.
- No uniqueness guarantee: AI-generated outputs may resemble outputs produced for other users. We do not warrant that any output is unique or non-infringing.
- Your inputs: you represent that you have the rights to use the product images and any other materials you submit, and that your inputs do not violate any third-party rights or applicable law.
- Misuse: you are responsible for how you and your customers use generated outputs. We are not liable for downstream misuse.
- Provider terms:the underlying AI providers' terms may impose additional restrictions. By using FitCheck you accept those restrictions where applicable.
8. Intellectual property
FitCheck and its underlying code, models, branding, and content are owned by Savvy Programmers and our licensors. You retain ownership of your data and (subject to Section 7) your outputs. You grant us a limited, worldwide, royalty-free license to host, process, and display your data solely as needed to operate the Service.
9. Third-party services
The Service depends on third parties including Shopify, AI providers, hosting and analytics vendors. We are not responsible for outages, changes, or termination of those services. Where a third party changes its terms or pricing in a way that materially affects FitCheck, we will adapt and notify you.
10. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
11. Limitation of liability
To the maximum extent permitted by law, FitCheck's total aggregate liability for any claim arising out of or related to these Terms or the Service is capped at the greater of $100 and the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, data, or goodwill. Some jurisdictions do not allow these limits, in which case the limits apply to the extent permitted.
12. Indemnification
You will defend, indemnify, and hold harmless FitCheck and Savvy Programmers from any third-party claims arising out of: (a) your misuse of the Service; (b) inputs you submit that infringe third-party rights or violate law; (c) your breach of these Terms.
13. Termination
- You may uninstall FitCheck at any time from your Shopify admin.
- We may suspend or terminate the Service for breach of these Terms, non-payment, or for legal or security reasons, with notice where reasonably possible.
- On termination: we delete your data per our Privacy Policy. No refunds are issued for partial billing periods unless required by law.
14. Modifications
We may update these Terms. When we do, we will update the effective date above and notify active merchants by email or via an in-app notice. Material changes take effect no sooner than 14 days after notice. Continued use after the effective date constitutes acceptance.
15. Governing law & disputes
These Terms are governed by the laws of the Islamic Republic of Pakistan, without regard to conflict of laws principles. Any dispute that cannot be resolved informally will be brought in the competent courts of Lahore, Pakistan, except where mandatory local law gives consumers the right to bring proceedings in their own jurisdiction.
16. General provisions
- Severability: if any provision is held unenforceable, the remainder remains in force.
- Entire agreement: these Terms, together with the Privacy Policy, constitute the complete agreement between you and FitCheck.
- Assignment: you may not assign these Terms without our written consent; we may assign them to an acquirer or successor in interest.
- No waiver: failure to enforce a provision is not a waiver of our right to enforce it later.
17. Contact
Questions about these Terms? Contact:
Savvy Programmers — FitCheck
contact@savvyprogrammers.com
660 White Plains Rd, Tarrytown, NY 10591