Terms of Service

1. Introduction

Welcome to FitCheckr ("we," "our," or "us"). By downloading, accessing, or using our mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

2. Acceptance of Terms

By creating an account, downloading, or using FitCheckr, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the App following any changes indicates your acceptance of such changes.

3. Eligibility

You must be at least 13 years old to use FitCheckr. By using the App, you represent and warrant that you meet this requirement and that you have the right, authority, and capacity to enter into these Terms.

4. Account Registration

To use certain features of the App, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5. User Content

By uploading images of your outfits ("User Content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly display, and distribute such content for the purpose of operating and improving the App.

You represent and warrant that you own or have the necessary rights to the User Content you submit and that such content does not violate the rights of any third party.

6. Prohibited Activities

You agree not to engage in any of the following activities:

• Using the App for any illegal purpose or in violation of any applicable laws
• Uploading content that is offensive, harmful, or violates others' rights
• Impersonating another person or entity
• Attempting to gain unauthorized access to the App or its systems
• Using the App to transmit any viruses, malware, or other harmful code
• Interfering with the proper functioning of the App

7. Intellectual Property Rights

The App and its contents, features, and functionality are owned by FitCheckr and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the App without our prior written consent.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITCHECKR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless FitCheckr and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

11. Termination

We reserve the right to terminate or suspend your account and access to the App at any time and for any reason, without notice or liability. Upon termination, your right to use the App will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in San Francisco, California.

13. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes through the App or by other means. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]