Acceptable Use Policy

What you may and may not upload or do here.

This is an unreviewed draft. It has not been checked by a lawyer and is not yet in force. Do not rely on it.

Acceptable Use Policy

been reviewed or approved by a qualified lawyer in any jurisdiction. It must not be published, linked from the product, or relied upon until it has been reviewed by counsel admitted in each jurisdiction in which the service is offered. Every item marked [CONFIRM: ...] is an open question the client must answer before publication.

  • Document: Acceptable Use Policy (the "AUP")
  • Service: clothy.co virtual clothing try-on service (the "Service")
  • Provider: [CONFIRM: legal entity name, company number, registered address, country of incorporation]
  • Version: 0.1 draft
  • Effective: [CONFIRM: effective date]
  • Status: Draft, not in force

0. Plain-language summary

This is the short version. Section 1 onwards is the version that binds you.

  • Only upload photographs of yourself. Do not upload a photograph of another person, even a friend, even a partner, even someone who said it was fine, unless the narrow exception in section 3.2 applies and you can prove consent.
  • Never upload a photograph of a child. The Service is for adults only. Uploading any image of a person under 18, in any context, means an immediate and permanent ban, and where the image is sexual we are legally required to report it to the authorities.
  • No nudity and no sexual content. This is a clothing fitting tool, not an image generator. Upload a clothed, full-body photograph.
  • Do not use the Service to make images of a real person who did not agree to it. That includes creating an intimate or suggestive image of someone else. This is a criminal matter in many places and we treat it as one.
  • Do not scrape us, automate us, or resell us. No bots, no proxy farms, no extra free accounts to dodge quota, no building a competing dataset out of our outputs.
  • If we get it wrong, you can appeal. Section 8 explains how. Most enforcement is reversible. A small number of categories are not.

We would rather explain a rule than enforce it. If you are unsure whether something is allowed, ask at [CONFIRM: support email address] before you upload.


1. Scope and status of this policy

1.1 This Acceptable Use Policy governs what you may upload to, generate with, and do with the Service. It is incorporated into and forms part of the Terms of Service. Where this policy and the Terms of Service conflict, [CONFIRM: which document takes precedence. Recommendation: the Terms of Service generally, with this policy controlling on questions of prohibited content and conduct.]

1.2 This policy applies to:

(a) every person who holds or uses an account, whether free or paid; (b) every person who uses the Service without an account, if any such access exists [CONFIRM: is any part of the Service usable without registration?]; (c) every item of content you upload, submit, generate, store, share or export, including photographs of yourself, photographs or screenshots of garment listings, corrections you make to measurements, free text you enter, and the images the Service renders for you (together, "Content"); (d) any automated agent, integration or script operating on your behalf.

1.3 Capitalised terms not defined here have the meaning given in the Terms of Service.

1.4 This policy is not exhaustive. Conduct that is not listed but that is unlawful, that exposes us or other users to harm, or that is plainly contrary to the purpose of the Service, may be enforced against under section 6.


2. What the Service is for

2.1 The Service exists for one purpose: to help an adult understand how a specific garment would fit their own body, using a photograph of their own body.

2.2 Legitimate uses include uploading a full-body photograph of yourself, uploading or screenshotting a retail listing for a garment you are considering, correcting the measurements the Service estimates for you, and reviewing or downloading the rendered try-on image and the written fit report for your own personal, non-commercial use.

2.3 Anything materially outside that purpose falls outside the licence you are granted. In particular, the Service is not a general-purpose image generator, not a photo editor, not a source of model training data, and not a way to produce images of other people.


3. Content rules: images of people

This section is the core of the policy. Read it before your first upload.

3.1 The self-image rule

3.1.1 You may upload a full-body photograph of a person only where that person is you.

3.1.2 By uploading a photograph of a person you represent and warrant, on each upload, that:

(a) you are the person depicted, or the exception in section 3.2 applies in full; (b) the photograph depicts a person aged 18 or over [CONFIRM: MIN_AGE. The environment example file says 18 and the running development configuration says 16. This is a material discrepancy. See children-and-age-assurance-policy.md section 2. This document is drafted on the basis of 18 and must be amended throughout if the client elects 16.]; (c) you hold all rights necessary to upload the photograph and to permit the processing described in the Privacy Policy and the Biometric Policy; (d) the photograph complies with sections 3.3 to 3.6.

3.1.3 These are representations of fact that you make afresh with every upload. Breach of any of them is a material breach of the Terms of Service.

3.2 The only exception: an authorised third party

3.2.1 We permit exactly one exception to the self-image rule. You may upload a photograph of another adult only where all of the following are true:

(a) that person is aged 18 or over [CONFIRM: as above]; (b) that person has given you specific, informed, freely given and documented consent to upload their full-body photograph to a service that will estimate their body measurements and generate an image of them wearing a garment; (c) you told that person, before obtaining consent, that the processing involves estimating body measurements from their photograph, which may constitute biometric processing under applicable law; (d) you are able to produce evidence of that consent to us on request; and (e) that person has been told how to contact us to withdraw consent and to request erasure.

3.2.2 If you cannot satisfy every limb of section 3.2.1, do not upload the photograph. "They would not mind" is not consent. "They are my partner" is not consent. Silence is not consent.

3.2.3 A person depicted in a photograph you uploaded may contact us at [CONFIRM: privacy contact address] and request removal. On a request from a depicted person that we assess as credible, we will remove the imagery and any derived body data without requiring the uploader's agreement, and we may suspend the uploading account pending investigation. [CONFIRM: the identity verification standard applied to a depicted-person removal request. This needs care. An over-lenient standard is a data leak vector. An over-strict one is a barrier to a data subject exercising rights under GDPR Art. 17.]

3.2.4 [CONFIRM: whether the product should support section 3.2 at all. Removing the exception entirely and permitting self-images only is materially simpler to enforce, removes a whole category of consent risk, and is commercially defensible because the product's value proposition is your own fit. The brief describes a single-user flow. Recommendation: remove the exception unless there is a product reason to keep it.]

3.3 Absolute prohibition: any image of a minor

3.3.1 You must never upload, submit or attempt to generate any image depicting a person under the age of 18, in any state of dress, in any context, for any reason. This prohibition is absolute and admits of no exception, including where the minor is your own child, where you are the parent or guardian, or where the image is entirely innocuous.

3.3.2 This is stricter than the legal minimum because the Service estimates body measurements from photographs of bodies. There is no version of that processing we are willing to perform on a child.

3.3.3 Breach of this section results in immediate permanent termination, without warning and without the graduated ladder in section 6.2.

3.3.4 Where content appears to constitute child sexual abuse material or otherwise falls within 18 U.S.C. section 2258A, we are legally required to report it to the CyberTipline operated by the National Center for Missing and Exploited Children, and we will do so. We preserve the material and associated records as required by 18 U.S.C. section 2258A(h). We do not notify the account holder of such a report. See content-moderation-and-safety-policy.md for the operational detail.

3.3.5 Where the applicable jurisdiction is in the European Union, we will also act under Article 18 of Regulation (EU) 2022/2065 (the Digital Services Act), which requires a hosting provider that becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of a person to promptly inform the law enforcement or judicial authorities of the Member State concerned.

3.4 Nudity and sexual content

3.4.1 You must not upload, submit, or attempt to generate:

(a) images depicting exposed genitals, anus, or female nipples; (b) images in which the subject is nude or wearing only underwear or lingerie, or clothing transparent enough that the above is visible [CONFIRM: product decision. A fit estimation product commonly asks for a close-fitting reference photograph, and a blanket underwear rule may contradict the product's own onboarding guidance. Obtain the actual in-product photographic instructions and align this clause with them.]; (c) images depicting sexual acts, sexual arousal, or simulated sexual conduct; (d) images whose framing, posing or captioning is intended to be sexually suggestive; (e) any attempt to prompt, coax or engineer the Service into rendering a garment in a way that produces a sexualised, revealing or nude output.

3.4.2 The Service is not adult content and is not offered to any market as adult content. We do not operate an age-verified adult surface and have no intention of doing so.

3.5 Non-consensual and synthetic imagery of real people

3.5.1 You must not use the Service to create, or attempt to create, an image of an identifiable real person that the person has not consented to, including:

(a) any intimate visual depiction, whether authentic or a digital forgery, of an identifiable individual, created or published without that individual's consent. This is prohibited conduct under the TAKE IT DOWN Act (Pub. L. 119-12, 2025), which also requires covered platforms to operate a notice-and-removal process. Ours is at section 3.5.3; (b) imagery intended to harass, humiliate, degrade, sexualise, defame or impersonate a real person; (c) imagery of a real person presented as authentic where it is synthetic; (d) imagery generated for the purpose of deception, fraud, or identity impersonation.

3.5.2 The fact that the Service is designed to render a garment on a body does not licence you to render a garment, or any output, on a body that is not yours.

3.5.3 Reporting non-consensual intimate imagery. Any person, or an authorised representative of that person, may report an intimate visual depiction of themselves that appears on or was generated by the Service by contacting [CONFIRM: dedicated NCII reporting address or in-product reporting route. The TAKE IT DOWN Act requires a clear and conspicuous notice-and-removal process. A general support inbox is unlikely to satisfy "clear and conspicuous".] A valid request must include:

(a) a physical or electronic signature of the identifiable individual or an authorised person acting on their behalf; (b) identification of, and information reasonably sufficient for us to locate, the depiction; (c) a brief statement that the individual does not consent to the depiction; and (d) contact information sufficient for us to reach the requester.

We will remove the depiction, and make reasonable efforts to identify and remove identical copies, as soon as possible and in any event within 48 hours of receiving a valid request, in line with section 3 of the TAKE IT DOWN Act. [CONFIRM: the FTC began enforcing section 3 of the Act in May 2026. Counsel must record a view on whether clothy.co is a "covered platform" within the statutory definition. A service that generates images of the user's own body with no public dissemination surface may fall outside it. If the product ever adds sharing, it is very likely inside it. Build the process regardless.]

3.6 Photographic hygiene rules

3.6.1 Do not upload photographs containing other identifiable people in the background where you can reasonably avoid it. Crop them out or use a different photograph.

3.6.2 Do not upload images containing visible sensitive documents, payment card details, government identifiers, or other people's personal information.

3.6.3 Do not attempt to have the Service process something that is not a photograph of your own body where the flow calls for one, for example artwork, screenshots of other people, or images taken from social media.


4. Content rules: garment listings and third-party material

4.1 The Service accepts screenshots and images of retail clothing listings. That functionality depends on you using it lawfully.

4.2 You must not upload garment imagery where doing so infringes another party's copyright, database rights, trade marks or other rights, and you must not use the Service to systematically reproduce, republish or redistribute a retailer's catalogue.

4.3 You must not remove, obscure or alter any watermark, attribution or rights-management information in a garment image.

4.4 You must not use a retailer's or brand's trade marks in a way that suggests the retailer or brand endorses, sponsors, or is affiliated with you or with the Service.

4.5 Rights holders may submit an infringement complaint under dmca-and-ip-policy.md. Repeated infringement leads to termination under the repeat infringer policy in that document, as required by 17 U.S.C. section 512(i)(1)(A).

4.6 You must not upload garment imagery that itself breaches section 3, for example a listing image depicting a child model, or a lingerie listing image, where doing so would put prohibited imagery through the pipeline. [CONFIRM: this is a genuine operational tension. Legitimate listings for children's clothing and for underwear obviously exist. Confirm whether the product blocks child-clothing and underwear categories outright, and align this clause.]


5. Conduct rules

5.1 Automation, scraping and interference

5.1.1 You must not, and must not permit any person or system acting on your behalf to:

(a) access the Service by automated means, including bots, crawlers, spiders, headless browsers or scripted clients, except through a publicly documented API where one is offered [CONFIRM: is there, or will there be, a public API? If not, say so here.]; (b) scrape, harvest, index, or systematically extract any part of the Service, its interface, its outputs, or any size chart, garment measurement or brand data it exposes; (c) reverse engineer, decompile, or attempt to derive the model weights, prompts, measurement algorithms, or size-chart corpus underlying the Service, save to the extent such a restriction is unenforceable under applicable law, including Article 6 of Directive 2009/24/EC on the legal protection of computer programs; (d) circumvent, disable, or interfere with rate limits, quota counters, Cloudflare Turnstile challenges, authentication, or any other security or metering control; (e) probe, scan or test the vulnerability of any system or network, except strictly in accordance with the vulnerability disclosure policy in security-policy.md Part B; (f) interfere with or place undue load on the Service, including denial of service activity or excessive concurrent requests.

5.2 Quota, accounts and payment integrity

5.2.1 The free tier grants three try-on checks. Every try-on costs us real money in AI inference, which is why usage is metered.

5.2.2 You must not:

(a) create multiple accounts, or use disposable email addresses, virtual phone numbers, or proxy or VPN identity rotation, in order to obtain additional free quota; (b) share, sell, rent or transfer your account or credentials; (c) use one account to serve multiple end users, whether commercially or otherwise [CONFIRM: whether a business or multi-seat plan will exist. If it will, carve it out here and point to the Data Processing Addendum.]; (d) use payment instruments you are not authorised to use, or initiate a chargeback in bad faith. See billing-refunds-and-cancellation-policy.md section 11.

5.2.3 Where we detect quota circumvention we may reduce or withdraw free-tier access, require payment card verification, or suspend the accounts involved.

5.3 Competitive and dataset use

5.3.1 You must not use the Service, or any output of the Service, to:

(a) train, fine-tune, evaluate or distil any machine learning model, except where we have agreed in writing; (b) build, populate or enrich a dataset, corpus, index or database of garment measurements, size charts, body measurements, or try-on renders; (c) build, or assist in building, a product that competes with the Service; (d) conduct comparative benchmarking for publication without our prior written consent [CONFIRM: whether the client wants this. A blanket prohibition on publishing comparative results is common in software terms but is disfavoured by regulators, is resisted by researchers, and is unenforceable in several EU jurisdictions. A narrower clause limited to commercial competitive benchmarking is safer.]

5.3.2 For the avoidance of doubt, this restriction runs the opposite way from our own commitment. We do not train models on your data, and we contractually prohibit our AI processor from doing so. See the Privacy Policy and subprocessors.md.

5.4 Unlawful, harmful and abusive conduct

5.4.1 You must not use the Service:

(a) in breach of any applicable law, including export control, sanctions and consumer protection law; (b) to harass, stalk, threaten, defame or discriminate against any person; (c) to impersonate any person or entity, or to misrepresent your affiliation; (d) to distribute malware, phishing content, or unlawful advertising; (e) to infringe the intellectual property, privacy, publicity or biometric rights of any person; (f) from a jurisdiction subject to comprehensive sanctions, or if you are a person on a restricted-party list [CONFIRM: sanctions screening position, and whether any geoblocking is applied].

5.4.2 You must not abuse our support, appeal or reporting channels, including by submitting notices or complaints that are manifestly unfounded. Repeated manifestly unfounded notices may lead to suspension of your access to those mechanisms, which is expressly contemplated by Article 23(2) of the Digital Services Act.


6. Enforcement

6.1 Principles

6.1.1 Enforcement is proportionate to the severity of the breach, the harm caused or risked, whether the breach was deliberate, and the account's history.

6.1.2 We aim to give notice and an opportunity to correct before removing access, except where section 6.3 applies.

6.1.3 Where we restrict content or an account of a recipient in the European Union, we will provide a clear and specific statement of reasons as required by Article 17 of the Digital Services Act, covering the nature of the restriction, the facts and circumstances relied on, whether automated means were used, the contractual or legal ground, and the redress available.

6.2 The enforcement ladder

Ordinary breaches are handled in this order. We may skip steps where the breach is severe or repeated.

Step Measure Typical trigger Reversible
1 Informational notice, no restriction First minor breach, likely accidental. Example: an image with a bystander in frame. Yes
2 Content removal plus formal warning Content breaching sections 3.6, 4.2 or 4.3. Warning can be withdrawn on appeal. Deleted content is not restorable.
3 Feature restriction Repeated step 2 breach, or suspected quota circumvention. Upload or generation disabled. Account and export retained. Yes
4 Temporary suspension of [CONFIRM: length, suggest 7, 14 or 30 days] Repeated breach after warning. Automation, scraping, or quota circumvention at scale. Yes
5 Termination of the account Serious or persistent breach. Breach of section 3.4 or 3.5. Fraud or chargeback abuse. On appeal only
6 Immediate permanent termination without prior warning, plus mandatory reporting Any breach of section 3.3 (imagery of a minor). Also credible threats of violence and conduct triggering a legal reporting duty. No. See section 8.5

6.3 Immediate action without prior notice

6.3.1 We may act immediately, without the ladder and without prior notice, where:

(a) the content appears to depict a minor, or appears to be child sexual abuse material; (b) the content appears to be non-consensual intimate imagery; (c) there is a credible threat to the life or safety of any person; (d) action is required by law, by court order, or by a regulator; (e) continued access presents an imminent security risk to the Service or to other users.

6.4 What happens to your data on enforcement

6.4.1 On suspension, your data remains encrypted and retained under the ordinary retention schedule in the Privacy Policy, and your right to export it is preserved, except where the suspension results from section 6.3(a) or 6.3(b), or where a legal hold applies.

6.4.2 On termination, we delete your data and shred your per-user data encryption key in accordance with the Privacy Policy, except where a preservation obligation applies. A preservation obligation, including one arising under 18 U.S.C. section 2258A(h) or a litigation hold, blocks key destruction until the obligation lapses. See content-moderation-and-safety-policy.md section 9.

6.4.3 Where key destruction is blocked by a preservation obligation, the data remains encrypted and access to it remains subject to the two-person approval rule described in security-policy.md.

6.5 Effect on paid subscriptions

6.5.1 Termination for breach of this policy does not automatically entitle you to a refund. Refund treatment on enforcement termination is set out in billing-refunds-and-cancellation-policy.md section 8. [CONFIRM: the client's position. Refusing all refunds on enforcement termination is common but can be attacked as an unfair term under Part 2 of the Consumer Rights Act 2015 (UK) and Directive 93/13/EEC (EU), particularly where a user has prepaid annually. Recommendation: refund the unused prepaid remainder in all cases except fraud and section 3.3 breaches.]


7. Detection

7.1 We use a combination of automated screening and human review to detect breaches of this policy. Automated screening runs on upload.

7.2 Human review is limited, logged and controlled. It requires an approved, time-boxed access grant. Access to body measurements, photographs and try-on outputs requires the approval of a second, different staff member (a two-person rule). Every decryption is logged individually and you receive a privacy event record of it. The design intent is that reviewers see blurred or derived imagery by default rather than full-resolution originals. [CONFIRM: whether blurred-by-default review is implemented today or is a roadmap item. Do not state it as fact until confirmed. A false statement about how review works is itself an unfair or deceptive act or practice under section 5 of the FTC Act, 15 U.S.C. section 45.]

7.3 Full detail on screening, review and escalation is in content-moderation-and-safety-policy.md.


8. Appeals

8.1 If we restrict your content or your account we will tell you what we did, why, and how to appeal, unless we are legally prohibited from doing so.

8.2 To appeal, contact [CONFIRM: appeals contact address or in-product route] within [CONFIRM: appeal window. Suggest 6 months, which matches the period in Art. 20(1) of the Digital Services Act] of the decision. Include your account email, the decision reference we gave you, and why you say the decision was wrong.

8.3 Appeals are reviewed by a person who was not involved in the original decision. Where the original decision was made by automated means alone, the appeal is reviewed by a human being. This reflects Article 20(6) of the Digital Services Act and Article 22 of the EU and UK General Data Protection Regulation.

8.4 We aim to decide appeals within [CONFIRM: target, suggest 10 business days] and will tell you the outcome and the reasons for it.

8.5 Decisions under section 6.3(a) (apparent imagery of a minor) are not subject to the ordinary appeal process while any law enforcement referral is open. If you believe such a decision was made in error, contact [CONFIRM: escalation address]. We may be unable to respond substantively, or at all, while a referral is pending.

8.6 Users in the European Union. In addition to this internal process, you may select a certified out-of-court dispute settlement body under Article 21 of the Digital Services Act. You may also complain to the Digital Services Coordinator in your Member State. Neither route affects your right to go to court. [CONFIRM: whether clothy.co is an "online platform" or only a "hosting service" under the DSA. A service that stores user content but does not disseminate it to the public is a hosting service, and Articles 20 to 23 apply only to online platforms. If there is no public sharing feature, Articles 16, 17 and 18 apply but Articles 20 to 23 may not. This materially changes the obligations and must be settled before publication.]

8.7 Users in the United Kingdom. [CONFIRM: whether the client wants to name a UK complaints route. Ofcom does not handle individual complaints under the Online Safety Act 2023, so there may be nothing useful to name beyond the ICO for data protection matters.]


9. Reporting a breach of this policy

9.1 To report content or conduct that breaches this policy, contact [CONFIRM: abuse reporting address]. Where possible tell us what you saw, where, and when.

9.2 Copyright and trade mark complaints go through the routes in dmca-and-ip-policy.md.

9.3 If you believe a child is in immediate danger, contact your local emergency services first. In the United States, reports may also be made directly to the NCMEC CyberTipline.


10. Changes to this policy

10.1 We may change this policy. Where a change materially reduces what you are permitted to do, we will give [CONFIRM: notice period, suggest 30 days] notice by email and in the product before it takes effect, except where a change is required immediately by law or to address a safety risk.

10.2 The current version, its version number and its effective date are published at [CONFIRM: canonical URL]. We keep a record of the exact text you were shown and consented to, including its SHA-256 hash.


11. Contact

  • General and abuse: [CONFIRM: support email address]
  • Privacy and data subject requests: [CONFIRM: privacy contact]
  • Copyright and trade mark: see dmca-and-ip-policy.md
  • Security: see security-policy.md
  • Postal: [CONFIRM: registered address]