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

UNREVIEWED DRAFT - NOT FOR PUBLICATION

This document is an AI-generated first draft. It has not been reviewed by a qualified lawyer. It is not legal advice. It must be reviewed, corrected and signed off by qualified counsel in every jurisdiction in which clothy.co is offered before it is published, linked from the product, or relied on in any way.

Several clauses are drafted as alternatives for the client to choose between. Several clauses depend on facts that are not yet confirmed. Every one of these is marked [CONFIRM: ...]. Publishing this document with any [CONFIRM] marker still in it would be a serious error.

Read section 25 (Notes for counsel) before reading anything else. It lists every judgement call made in this draft, every decision a lawyer still has to take, and every place where the product itself may have to change before these terms are accurate.

Document control

Field	Value
Document	clothy.co Terms of Service
Status	Draft 1, unreviewed
Drafted	[CONFIRM: date of publication]
Effective date	[CONFIRM: effective date]
Version	[CONFIRM: version number, e.g. 1.0]
Applies to	clothy.co and [CONFIRM: any other domains or apps the service is offered from]
Companion documents	Privacy Policy, Acceptable Use Policy (if separate), Cookie Policy, Subscription and Refund Policy (if separate)
Governing law	[CONFIRM: see section 20]

clothy.co Terms of Service

Part A. The short version

This summary is here so you can understand the deal quickly. It is not the contract. The numbered sections in Part B are the contract. Where this summary and Part B disagree, Part B wins. Nothing in this summary limits your rights under consumer law.

What clothy does. You show us a clothing listing. We read the brand, the item and the size off it, and we look up that brand's published size chart. You upload one full-body photo of yourself. Our AI estimates your body measurements from that photo, renders a picture of the garment on you, and writes a fit breakdown region by region: chest, shoulder, sleeve, waist, hem, neck, cuff, inseam, thigh and length. You can correct any measurement we get wrong.

What clothy does not do. We do not guarantee that anything will fit. Our measurements are estimates from a photograph. The size charts come from the brands, not from us, and brands publish charts that are wrong, out of date, inconsistent between product lines, or simply not followed by the factory. The rendered image is synthetic. It is a computer's guess at what a garment might look like on you, not a photograph of you wearing it. Do not buy a garment purely because clothy said it would fit. See sections 5 and 16.

Your photos stay yours. You keep ownership of every photo you upload. You give us a narrow licence to process those photos for the sole purpose of running the service for you. We do not train AI models on your content, and we require our AI processor to be contractually barred from doing so. We do not sell your photos, we do not use them in marketing, and we do not claim any ownership of them. See section 6.

Photos of other people are not allowed. You may only upload a photo of yourself, or a photo of someone who has actually agreed to it. Never a photo of a child. Never nudity or sexual content. See section 7.

You must be 18. clothy is not for children. See section 3.

The renders are yours to use. Subject to the brands' own rights in their garments and imagery, we do not claim ownership of the try-on images we generate for you. See section 8.

Free tier and paid tiers. The free tier ("Sizer") gives you 3 try-on checks and does not need a card. Paid plans are subscriptions, billed monthly or yearly through Whop, and they renew automatically until you cancel. You can cancel at any time, online, in the same place you signed up. See section 11.

Every try-on costs us real money. Each check runs an AI model on real hardware. That is why plans have quotas, and why we will throttle or suspend accounts that abuse the service or try to script it. See section 10.

We are not the brands. Brand names, logos and size charts belong to their owners. We reference them to describe garments. We are not affiliated with, endorsed by, or sponsored by any brand mentioned in the service. See section 12.

If it goes wrong. We limit what we owe you, but we do not and cannot limit liability for death or personal injury caused by our negligence, for fraud, or for anything else the law will not let us limit. If you are a consumer in the EU, EEA or UK, you keep every right your local law gives you and nothing here takes those away. See sections 16, 17 and Annex A.

Your data. You can export your data for free. You can delete your account, and deleting it destroys the encryption key that protects your data, which makes that data permanently unrecoverable. The Privacy Policy explains all of this properly.

Part B. The terms

1. About these terms

1.1 These Terms of Service (the Terms) are a contract between you and [CONFIRM: full legal entity name], a company incorporated in [CONFIRM: country of incorporation] with company number [CONFIRM: company number] and registered address [CONFIRM: registered address] (clothy, we, us, our).

1.2 The Terms govern your access to and use of clothy.co, any successor or additional domain we operate the service from, and any related applications, interfaces and features (together, the Service).

1.3 By creating an account, by clicking to accept these Terms, or by using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.4 The following documents are incorporated into these Terms by reference and form part of your contract with us:

(a) the Privacy Policy at [CONFIRM: URL];

(b) any plan or pricing page describing the tier you buy;

(c) [CONFIRM: whether a separate Acceptable Use Policy will be published; if so, reference it here, otherwise section 9 stands alone].

1.5 If there is a conflict between these Terms and an incorporated document, these Terms prevail, except that the Privacy Policy prevails on questions of how we handle personal data.

1.6 The headings and the summary in Part A are for convenience. They do not affect interpretation. In these Terms, "including" means "including without limitation", and a reference to a statute includes that statute as amended or replaced.

2. Definitions

2.1 Account means the account you register to use the Service.

2.2 Body Data means estimated body measurements derived from your Uploads, measurements you enter or correct yourself, and the resolved measurement set we use to run a fit check.

2.3 Content means Your Content and Outputs together.

2.4 Fit Report means the written, per-region assessment we produce for a Try-On Check, covering some or all of chest, shoulder, sleeve, waist, hem, neck, cuff, inseam, thigh and length.

2.5 Free Tier means the "Sizer" tier described in section 11.2.

2.6 Garment Data means the brand, item, category, colourway, listed size and derived garment measurements associated with a listing you submit.

2.7 Output means an image, Fit Report, measurement estimate or other material generated by the Service in response to your Uploads.

2.8 Paid Plan means any paid subscription tier.

2.9 Quota means the number of Try-On Checks or other metered units available on your tier in a billing period or other stated window.

2.10 Size Chart means garment measurement information published by a clothing brand or retailer, which we read and reference. Size Charts are third-party material. We do not create them and we do not verify them.

2.11 Try-On Check means one complete run of the core flow: reading a garment listing, resolving garment measurements, estimating or applying body measurements, rendering a try-on image, and producing a Fit Report.

2.12 Upload means any file you submit to the Service, including a full-body photograph of yourself, a screenshot or image of a clothing listing, and any garment image.

2.13 Whop means Whop Inc. and its affiliates, the payment and subscription platform through which Paid Plans are sold and billed. [CONFIRM: exact Whop legal entity name and its terms URL].

2.14 Your Content means your Uploads, your Body Data, any text you enter, and any other material you submit to the Service.

2.15 Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

3. Eligibility and age

3.1 Minimum age. You must be at least 18 years old to create an Account or use the Service. The Service is not directed at children and we do not knowingly permit anyone under 18 to use it.

[CONFIRM: MIN_AGE - THIS IS A BLOCKING ISSUE]

The product brief records that the minimum age is configurable, that .env.example sets it to 18, and that the running development configuration sets it to 16. These Terms are drafted on the basis of 18. Before publication the running configuration must be set to match whatever this clause says, and this clause must match the configuration. If the operative age is 16, or any age under 18, this entire document changes, and so does the Privacy Policy and the whole children's privacy analysis: see the risk note at section 25.3.

3.2 No under-18 users, no parental consent route. We do not offer a parental or guardian consent mechanism. A parent or guardian may not consent on a child's behalf to use of the Service. If you are under 18, you may not use the Service even with a parent's permission.

3.3 Capacity. By using the Service you confirm that you have the legal capacity to enter into a binding contract in the country and, where relevant, the state or province in which you live. Where the local age of contractual majority is higher than 18, that higher age applies to you.

3.4 Confirmation and date of birth. We ask you to confirm that you meet the minimum age when you register, and we may ask for your date of birth. You must answer honestly. Giving a false age is a breach of these Terms and grounds for immediate termination under section 15.

3.5 Reported or suspected under-age accounts. If we learn or reasonably suspect that an Account holder is under the minimum age, we will suspend the Account, delete the Account and its associated data in accordance with our Privacy Policy, and refund any unused portion of a current subscription period. To report an under-age account, contact us at [CONFIRM: safety or support email address].

3.6 Sanctions and restricted territories. You may not use the Service if you are located in, ordinarily resident in, or acting on behalf of a person in a country or territory subject to comprehensive trade sanctions, or if you are on a restricted party list maintained by [CONFIRM: which sanctions regimes apply, which will follow from country of incorporation and hosting location]. You must not use the Service in breach of any applicable export control law.

3.7 Where the Service is offered. [CONFIRM: the list of countries the Service is actually offered in, and whether EU/UK consumers are intentionally served. This determines whether Annex A applies and whether EU/UK consumer law is engaged at all.] We may block access from any territory at our discretion.

3.8 Business use. The Service is designed for personal, individual use. If you are using the Service in the course of a business, section 17.8 and Annex A change what protections you get.

4. Your Account

4.1 Registration. To use the Service you must register an Account with a valid email address and a password. You may also provide a display name, a phone number, a unit preference (centimetres or inches), your date of birth, and your country and, where relevant, state of residence.

4.2 Verification. Registration requires you to verify your email address using a one-time code sent to that address, and to verify a phone number using a one-time code sent by SMS. Sign-up, sign-in and password reset are protected by a bot-detection challenge (Cloudflare Turnstile). You must complete these steps to use the Service. Standard message and data rates from your mobile carrier may apply to verification messages. We do not control and are not responsible for carrier charges.

4.3 Accurate information. You must give us information that is accurate, current and complete, and you must keep it accurate. This includes your country and state of residence, which we use to work out which laws and which consumer rights apply to you, and to calculate tax. Giving us a false residence to obtain rights, pricing or tax treatment you are not entitled to is a breach of these Terms.

4.4 How we determine your jurisdiction. We record the source of your jurisdiction as one of: what you told us, your IP address, or your billing address. Where these conflict we may ask you to confirm, and we may rely on the source we reasonably consider most reliable. This does not limit any right you have under the mandatory consumer law of the country where you actually live.

4.5 One Account per person. You may hold one Account. You must not create multiple Accounts, whether to obtain additional Free Tier Quota, to evade a suspension, to evade a Quota, or for any other reason. Creating additional Accounts to obtain further free Try-On Checks is a breach of these Terms and of section 9.

4.6 Account security. You are responsible for keeping your password and your verification codes confidential, and for all activity on your Account. Use a strong, unique password. Do not share your Account or let anyone else use it. Tell us immediately at [CONFIRM: security contact email address] if you believe your Account has been accessed without your permission.

4.7 Our security measures. We apply rate limiting and throttling to authentication endpoints, store passwords using the bcrypt password-hashing function rather than in readable form, and encrypt your sensitive data at rest. No system is perfectly secure. Section 16 explains the limits of what we promise. Nothing in this clause limits our obligations under data protection law or the commitments in the Privacy Policy.

4.8 Sessions. Sessions expire after 30 days of inactivity and in any event after 180 days. You may be asked to sign in again.

4.9 No transfer. Your Account is personal to you. You may not sell, rent, lend or transfer it, and you may not give anyone else access to Try-On Checks on your Quota except as expressly permitted by your plan.

5. The Service: what it does, and what it does not do

5A. What the Service does

5.1 The Service performs Try-On Checks. In outline:

(a) you submit a screenshot or image of an online clothing listing;

(b) we read the brand, the item and the listed size from that listing;

(d) you upload one full-body photograph of yourself;

(e) an AI model estimates your body measurements from that photograph;

(f) we render an image of the garment on you and produce a Fit Report giving a per-region verdict.

5.2 You may correct any estimated measurement by hand. If you do, we use your corrected figure. Correcting a measurement changes the Output. It does not make the Output a guarantee.

5.3 We may change how the Service works. Section 14 explains how.

5B. What the Service does not do

5.4 Fit predictions are estimates, not guarantees. A Fit Report is a probabilistic estimate produced by software. It is not a promise, a warranty, a guarantee, or professional advice. We do not warrant, and we expressly disclaim any warranty, that a garment described as fitting will actually fit you, will be comfortable, will look as rendered, or will be suitable for any purpose.

5.5 We depend on Size Charts we do not control. Size Charts are published by brands and retailers. We read them; we do not write them, audit them, or verify them. Size Charts are frequently:

(a) wrong, in that the published figures do not match the garment as manufactured;

(b) stale, in that the brand has changed its patterns, factories or grading without updating the chart;

(c) inconsistent, in that the same nominal size differs between product lines, regions, collections or seasons from the same brand;

(d) ambiguous, in that the chart does not say whether a figure is a body measurement or a flat garment measurement, or where on the garment it was taken; or

(e) misapplied by us, in that our system may match your listing to the wrong chart, the wrong product line, the wrong region's sizing, or the wrong row.

5.6 Measurement estimation from a photograph is inherently uncertain. Estimating a human body's dimensions from a single two-dimensional image is an approximation. Accuracy is affected by camera angle, lens, distance, lighting, pose, the clothing you are wearing in the photo, background, image quality, occlusion, and by how well the model performs for bodies like yours. Model performance is not uniform across body shapes, sizes, heights, ages, skin tones, disabilities, pregnancy, prostheses and mobility aids. We do not warrant that our estimates are accurate for you.

5.7 Rendered images are synthetic. A rendered try-on image is generated by an AI model. It is not a photograph of you wearing the garment. It may misrepresent the garment's colour, texture, fabric weight, drape, print placement, transparency, hardware, stitching, length, cut or construction, and it may misrepresent your own body. Do not treat it as an accurate depiction of either.

5.8 Not advice. Nothing in the Service is medical, health, fitness, nutritional, psychological or professional advice. Body measurements produced by the Service are not for any medical, clinical, diagnostic, tailoring-of-record, safety, occupational, insurance, or identity-verification purpose, and must not be used for any of those purposes. Do not use the Service to size safety equipment, protective clothing, medical garments, or anything on which someone's health or safety depends.

5.9 Do not rely on a fit verdict when buying. A Fit Report is one input into your own decision. Before you buy, check the seller's own size guide, the seller's returns policy, and the seller's product information. Your purchase is a contract between you and that seller. We are not a party to it, we do not sell garments, and we have no liability for a garment you buy, whether or not the Service said it would fit.

5.10 Availability. We do not promise that the Service will be uninterrupted, timely, error-free, or available at any particular time. We may need to take the Service down for maintenance, security or capacity reasons.

5.11 We do not use your photograph to recognise you. We analyse the photograph you upload in order to estimate the dimensions of your body. We do not use it to recognise you, to identify you, to confirm who you are, or to match you against any other image, any other user, or any database. We do not build or store a template capable of identifying you from an image. Where we detect a face, we do so in order to suppress it, not to recognise it.

5.12 No stated accuracy figure. We do not publish and do not commit to any particular accuracy rate for measurement estimation or fit prediction. [CONFIRM: if marketing anywhere states an accuracy percentage, a satisfaction rate, or a "guaranteed fit" claim, that claim becomes a contractual and advertising representation and this clause cannot rescue it. Marketing must be audited against this section before launch.]

6. Your Content, and the licence you give us

6.1 You keep ownership. You own Your Content. Nothing in these Terms transfers ownership of Your Content to us. We do not claim, and will not claim, any ownership interest in your photographs, your Body Data, or anything else you submit.

6.2 The licence you give us is narrow and purpose-limited. You grant us a non-exclusive, worldwide, royalty-free, non-transferable, non-sublicensable (except as set out in section 6.3) licence to host, store, encrypt, transmit, reproduce, process, adapt and display Your Content solely to the extent necessary to operate the Service for you, namely:

(a) to run Try-On Checks you request;

(b) to generate, store and display Outputs to you;

(d) to make backups and to maintain continuity of the Service;

(e) to detect, investigate and prevent fraud, abuse, security incidents and breaches of these Terms; and

(f) to comply with a legal obligation.

6.3 Sub-processors. The only sublicence we grant is to our service providers (such as our AI processing provider, our hosting and object storage provider, and our content delivery provider), strictly for the purposes in section 6.2, under written terms that bind them to at least the standards in these Terms and in our Privacy Policy. Our processors are listed and kept current in our Privacy Policy.

6.4 Duration. The licence lasts only as long as we hold Your Content. It ends when Your Content is deleted, when your Account is deleted, or when you withdraw consent where consent is the basis of processing, whichever is earliest. Backups are handled as described in section 6.7.

6.5 What we will not do with Your Content. For the avoidance of doubt, and as a binding commitment:

(a) we do not train, fine-tune, evaluate or improve any AI or machine learning model on Your Content, and we do not permit our AI processing provider to do so. We require a contractual prohibition on training on our data, and zero-retention terms, from our AI processing provider;

(b) we do not sell Your Content, and we do not share or disclose it for cross-context behavioural advertising;

(c) we do not use Your Content in advertising, marketing, promotional material, case studies, demonstrations or investor materials;

(d) we do not make Your Content public, and the Service has no public feed, gallery, or sharing surface [CONFIRM: confirm no sharing feature exists or is planned. If a share feature is ever added, this clause and the Privacy Policy must change and users must be asked separately];

(e) we do not licence Your Content to brands, retailers or data brokers.

6.6 Retention and deletion. Uploads and Body Data are retained for a limited period and then purged automatically. The current defaults are 30 days for Uploads and 30 days for Body Data, subject to change as described in our Privacy Policy. An hourly sweep purges expired records. You may delete individual items, and you may delete your Account, at any time.

6.7 Encryption and crypto-shredding. Your sensitive data and imagery is encrypted at rest using AES-256-GCM with envelope encryption: each user has their own data encryption key, which is itself wrapped by a versioned master key held by the application. When you delete your Account we destroy your data encryption key. Once that key is destroyed, your data is permanently unrecoverable, including from any backup in which it still physically exists. We maintain a tombstone record of destroyed keys, reconciled hourly, so that restoring a backup cannot resurrect a destroyed key. This is irreversible. We cannot recover your data after deletion, no matter who asks or why.

6.8 Export. You may export your data at any time, free of charge, using the export function in the Service. We will not charge you for an export and we will not make export conditional on holding a Paid Plan.

6.9 Staff access. Our staff cannot casually read your data. Access to encrypted user data requires an approved, time-boxed access grant. Access to body measurements, photographs and try-on outputs additionally requires approval by a second, different member of staff. Every decryption event is logged individually and a record of it is made available to you. We maintain a tamper-evident, hash-chained administrative audit log.

6.10 Face handling. Uploads carry fields recording whether a face was detected, whether it was suppressed, by what method, and when. Our design intent is that faces are suppressed before any image is sent to a third-party AI processor. [CONFIRM: whether face suppression happens on your device before upload, or on our servers after upload. This clause and any marketing claim that "your face never leaves your device" must be corrected to match the truth before launch. An inaccurate privacy claim is itself an unfair and deceptive practice under section 5 of the US Federal Trade Commission Act (15 U.S.C. § 45) and equivalent consumer protection law, and is enforceable even if the underlying security is otherwise good.]

6.11 Responsibility for Your Content. You are responsible for Your Content. We do not pre-screen Uploads, though we may use automated and manual measures to detect prohibited content. We may remove or refuse to process any Upload that we reasonably believe breaches these Terms, without liability to you and without an obligation to retain a copy.

6.12 Feedback. If you send us suggestions, ideas or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without obligation to you. This clause covers feedback only. It does not cover your photographs, your Body Data, or any other part of Your Content.

7. Your promises about photographs and images

7.1 This section is important. Uploading a photograph of a person carries real legal and human consequences for that person. Read it in full.

7.2 Warranties about photographs of people. Every time you upload a photograph depicting a person, you represent and warrant that:

(a) you are the person depicted, or you have obtained the express, informed and current consent of every person depicted, given by that person, for their image to be uploaded to and processed by the Service, including processing by an automated system that estimates their body measurements and generates a synthetic image of them;

(b) no person depicted is a minor, and no person depicted appears to be a minor;

(c) you have the right to grant the licence in section 6.2 in respect of that photograph, including any copyright held by the photographer;

(d) the upload and our processing of it does not infringe any person's rights of privacy, publicity, personality, image, likeness or data protection rights, and does not breach any applicable biometric privacy law; and

(e) where the person depicted is in a jurisdiction with a biometric privacy statute that requires written consent before biometric identifiers are collected, you have obtained that consent. This includes, without limitation, the Illinois Biometric Information Privacy Act (740 ILCS 14/15), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), and the Washington My Health My Data Act (RCW 19.373).

7.3 Warranties about garment imagery. Every time you upload a screenshot or image of a clothing listing, you represent and warrant that you have the right to do so, or that your use is permitted by law (for example as fair dealing, fair use, or a temporary reproduction incidental to lawful browsing), and that our processing of it for the purpose of running a Try-On Check for you will not infringe a third party's rights.

7.4 Prohibited content. You must not upload, and must not attempt to upload:

(a) any photograph of a person under 18, in any state of dress;

(b) any content that is child sexual abuse material, or that sexualises a minor in any way. We report suspected material of this kind to the relevant authorities and preserve evidence as required by law [CONFIRM: the reporting obligations that apply, which depend on country of incorporation. In the US this includes 18 U.S.C. § 2258A reporting to NCMEC];

(c) nudity, partial nudity, underwear-only or swimwear-only imagery where the intent is sexual, sexually explicit content, or content depicting sexual acts. [CONFIRM: this is a product design question, not only a legal one. A virtual try-on service will foreseeably be used for swimwear, underwear and lingerie. If those categories are supported, this clause must be rewritten to permit legitimate swimwear and underwear try-ons while still prohibiting sexual content, and the product needs a classifier and a moderation policy that can tell the difference. Drafted here as a blanket prohibition pending that decision.];

(d) any image of an identifiable third party without that person's consent;

(e) any image obtained without permission, including images taken from social media, dating profiles, messaging apps, public webcams or any other source, of a person who has not agreed to your use of it;

(f) any image used to create a deepfake, an impersonation, a synthetic intimate image, or any content intended to harass, defame, humiliate, extort or deceive;

(g) content that is unlawful, defamatory, discriminatory, harassing, hateful, or that incites violence;

(h) content containing malware, or engineered to attack, probe or manipulate our systems or the AI models we use, including prompt injection;

(i) content depicting a deceased person, where you do not hold the rights or authority to use it. [CONFIRM: whether the client wishes to prohibit this at all; several US states recognise post-mortem publicity rights];

(j) any content whose processing would put us in breach of a law or a contract with a processor.

7.5 Non-consensual synthetic imagery. Using the Service to create an image of a person who has not consented is prohibited and may be a criminal offence. In the United States this may engage the TAKE IT DOWN Act (Pub. L. 119-12) and state statutes on non-consensual synthetic intimate images. In the United Kingdom it may engage sections 66A to 66D of the Sexual Offences Act 2003 as amended by the Online Safety Act 2023. We will cooperate with law enforcement. [CONFIRM: counsel to verify current statutory citations at the date of publication.]

7.6 Reporting misuse. If you believe someone has uploaded an image of you without your consent, contact us immediately at [CONFIRM: abuse or safety contact email address]. We will investigate, and we will remove and where appropriate destroy the content. Because content is encrypted per user, we may need identifying information from you to locate it. See also section 12.7 on copyright complaints.

7.7 Consequences. Breaching this section is a material breach. We may suspend or terminate your Account immediately, without refund, and may preserve and disclose material to law enforcement where the law requires or permits it. You indemnify us for breaches of this section under section 18.

8. Outputs

8.1 Ownership of Outputs. As between you and us, and subject to section 8.2, we do not claim ownership of the Outputs generated for you. To the extent we hold any right in an Output, we assign it to you, or where assignment is not effective, we grant you a perpetual, worldwide, royalty-free, non-exclusive licence to use it.

8.2 What that does not give you. Section 8.1 gives you our rights only. It does not give you rights in anything we do not own. In particular, an Output may include or be derived from:

(a) a brand's garment design, print, pattern, logo or product photography, which remains the brand's property;

(b) a Size Chart or product data published by a third party;

You are responsible for making sure that your use of an Output does not infringe anyone else's rights.

8.3 What you may do with an Output. You may view, download, keep and privately share your Outputs, and use them to help you decide what to buy. You may post them publicly if you choose, provided you comply with section 8.4.

8.4 What you must not do with an Output. You must not:

(a) present an Output as a real photograph, or as evidence of how a garment actually fits or looks;

(b) use an Output in a way that would mislead a consumer, including in a resale listing, a marketplace listing, an advertisement, or a review, without clearly labelling it as an AI-generated image;

(d) use Outputs, in bulk or systematically, to build a dataset, to train a model, or to reverse engineer our system (see section 9);

(e) use an Output containing another person's likeness in any way that person has not agreed to.

8.5 Labelling. Where you publish an Output, you should label it as AI-generated. In some jurisdictions this is a legal requirement, not a courtesy: see Article 50(2) and 50(4) of Regulation (EU) 2024/1689 (the EU AI Act), which requires providers and deployers of systems generating synthetic image content to mark and disclose it. [CONFIRM: whether clothy is a "provider" or "deployer" of a general-purpose AI system for AI Act purposes, and what transparency obligations attach and from what date. This affects the product, not only the terms: machine-readable marking of Outputs may be required.]

8.6 Outputs may be inaccurate. Outputs are synthetic, probabilistic and may be wrong. See sections 5.4 to 5.9 and section 16. Two Try-On Checks with the same inputs may produce different Outputs. Outputs are not unique to you: another user submitting similar inputs may receive a similar Output, and section 8.1 does not give you exclusivity.

8.7 We may retain Outputs to run the Service. We store Outputs so you can see them again, subject to the retention periods in section 6.6.

9. Acceptable use and prohibited conduct

9.1 You must use the Service lawfully, and only for its intended purpose: checking how clothing might fit you.

9.2 You must not, and must not permit or assist anyone else to:

(a) access the Service by automated means, including scraping, crawling, spidering, scripting, headless browsers, or any bot, except where we have given written permission or where a published robots.txt expressly allows it;

(b) use, extract or copy the Service's data, Size Chart data, garment measurement data, Outputs, or any other material, in bulk or systematically, for any purpose, including to build, train, improve, benchmark or evaluate any AI model, dataset or product;

(c) build, or assist anyone in building, a product or dataset that competes with the Service, using material obtained from the Service;

(d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, prompts, system instructions, architecture, measurement algorithms or size-matching logic of the Service, except to the extent this restriction cannot lawfully be excluded (see section 9.5);

(e) circumvent, disable or interfere with any Quota, rate limit, throttle, authentication, bot-detection challenge, watermarking, or other technical or security measure;

(f) create multiple Accounts, use disposable or virtual phone numbers or email addresses to obtain additional Free Tier Quota, or otherwise obtain more of the Service than your tier provides;

(g) resell, sublicence, rent, lease, timeshare, or make the Service available to third parties as a service bureau, or provide try-on checks to other people using your Account;

(h) probe, scan or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, except under a published responsible disclosure programme [CONFIRM: whether a vulnerability disclosure policy exists and its URL, and whether safe-harbour terms will be offered to good-faith researchers];

(i) attempt to manipulate, jailbreak, prompt-inject or otherwise subvert the AI models used by the Service, or cause them to produce prohibited content;

(j) impose an unreasonable or disproportionate load on our infrastructure, or interfere with the Service's operation or another user's use of it;

(k) misrepresent your identity, age, residence or affiliation;

(l) use the Service to infringe intellectual property rights, or to breach anyone's privacy, publicity, personality or data protection rights;

(m) remove, obscure or alter any proprietary notice, watermark or provenance marking;

(n) use the Service for any purpose prohibited by section 5.8.

9.3 Automated access. We may offer an application programming interface. Unless and until we do, and unless you have accepted its separate terms, automated access is prohibited. [CONFIRM: whether an API exists or is planned, and whether separate API terms will be published.]

9.4 Enforcement. We may investigate suspected breaches, and may take any action we consider appropriate and proportionate, including warning you, removing content, reducing your Quota, throttling your access, suspending or terminating your Account, and reporting to the authorities. Section 15 sets out how we do this.

9.5 Statutory exceptions. Section 9.2(d) does not limit any right you have under mandatory law, including the right to decompile for interoperability under Article 6 of Directive 2009/24/EC on the legal protection of computer programs and section 50B of the Copyright, Designs and Patents Act 1988 in the United Kingdom.

10. Quotas, fair use and the cost of a Try-On Check

10.1 Every Try-On Check costs real money. Each check runs AI inference on paid computing hardware. Unlike a page view, it has a direct, non-trivial marginal cost to us. That is why the Service is metered rather than unlimited.

10.2 Quotas. Each tier has a Quota. The Free Tier provides 3 Try-On Checks in total. Paid Plan Quotas are stated on the plan page at the time you subscribe. [CONFIRM: exact Quota figures per Paid Plan tier, and whether the Free Tier's 3 checks are per account lifetime, per month, or per some other period. Drafted as lifetime, which is what "3 try-on checks, no card required" most naturally reads as. This must be stated unambiguously in the product and in these Terms.]

10.3 Quota mechanics. Unless a plan page says otherwise:

(a) a Quota resets at the start of each billing period;

(b) unused Quota does not roll over and has no cash value;

(d) if a check fails because of a fault on our side, we will credit it back. If it fails because your Upload was unusable, unreadable or rejected under section 7, it may still count.

[CONFIRM: whether each of (a) to (d) matches what the system actually does. These are commitments, and they must be true.]

10.4 Fair use. Even where a plan is described as high-volume or unmetered, use must be reasonable and consistent with individual personal use. We may treat as excessive any use that is materially out of line with typical use of the same tier, is automated, or appears designed to extract value beyond personal use.

10.5 Our right to throttle or suspend. We may reduce your processing priority, throttle your rate of requests, temporarily pause processing, or suspend your Account where we reasonably believe you are:

(a) exceeding fair use under section 10.4;

(b) breaching section 9;

(d) generating cost that is grossly disproportionate to what you pay.

10.6 Notice. Where it is practical and lawful to do so, and where the issue is not urgent, we will tell you before we throttle or suspend, and give you a chance to fix the problem. Where the issue is urgent, we may act first and tell you afterwards. If we suspend a Paid Plan for reasons that are not your fault, we will credit or refund the affected period.

10.7 Changes to Quotas. We may change Quotas. If we reduce the Quota on a Paid Plan you already hold, we will treat that as a material change under section 21 and, for a change that materially reduces what you paid for, we will give you the choice of cancelling for a pro-rata refund of the unused period.

11. Subscriptions, billing and automatic renewal

11A. Plans

11.1 The Service is offered on a Free Tier and on Paid Plans.

11.2 Free Tier ("Sizer"). The Free Tier provides 3 Try-On Checks. No payment card is required. We may change, limit or withdraw the Free Tier at any time, on reasonable notice where we can give it. The Free Tier is provided as-is and without any service commitment.

11.3 Paid Plans. Paid Plans are subscriptions, billed monthly or yearly. The tiers, their prices, their Quotas and their features are set out on the plan page. [CONFIRM: the tier names, prices in each currency, billing periods offered, and Quotas. This draft deliberately does not state prices, so that a price change does not require a change to these Terms.]

11B. How payment works, and who you are contracting with

11.4 Whop. Payments and subscription billing are handled by Whop. When you subscribe, you also enter into Whop's own terms with Whop for the payment transaction. [CONFIRM: link to Whop's buyer terms, and confirm the exact Whop legal entity that contracts with your customers.]

11.5 What Whop is, and what it is not. Whop acts as merchant of record for the purposes of card network rules and payment settlement, and processes payments in connection with the transaction between you and us. We remain the supplier of the Service for all other purposes, including consumer protection law, content licensing, and (where the tax add-on is not engaged) tax. That means:

(a) your contract for the Service itself is with us, not Whop;

(b) your consumer rights in respect of the Service are exercised against us;

(d) Whop may independently issue a refund or reversal where it identifies a payment layer problem, suspects fraud, is required to by law or card network rules, or to mitigate an imminent chargeback.

[CONFIRM: whether the Whop tax handling add-on is enabled. If it is, Whop is merchant of record for tax purposes too, and section 11.17 must change.]

11.6 We do not store your card details. Card and payment details are collected and held by Whop and its payment processors. We receive limited billing information, such as the plan, the amount, the status and the billing country. See the Privacy Policy.

11.7 Currency. Prices are shown in [CONFIRM: currency or currencies offered]. Your bank or card issuer may apply currency conversion or foreign transaction fees. Those are between you and them.

11C. Automatic renewal

Automatic renewal: the disclosure

Your clothy subscription renews automatically. When you subscribe:

You are enrolled in a recurring subscription that renews automatically at the end of each billing period until you cancel.

You will be charged the plan price shown at checkout, at the frequency shown at checkout (monthly or annually), on the same date each period.

The charge continues to recur on that schedule with no further action by you.

You may cancel at any time, online, from your account settings, or through Whop, with no phone call, no email and no retention conversation required.

Cancelling stops the next charge. It does not refund the period you are already in, except where section 11.14 or Annex A gives you a refund right.

If your plan includes a free trial or introductory price, the price will change to the standard price at the end of that period and you will be charged the standard price automatically unless you cancel before then.

To cancel: [CONFIRM: the exact in-product cancellation path, and the Whop cancellation path].

11.8 Your consent to automatic renewal. By subscribing you give your express affirmative consent to automatic renewal on the terms in the disclosure box above and on the plan page.

[PRODUCT REQUIREMENT, NOT JUST A DRAFTING POINT]

California's Automatic Renewal Law, as amended by AB 2863 (Cal. Bus. & Prof. Code §§ 17600 to 17606, in effect for contracts entered into, amended or extended on or after 1 July 2025), requires that consent to the automatic renewal term be obtained separately from, and not bundled into, acceptance of these Terms (§ 17602(a)(4)). A checkbox that accepts the Terms and the auto-renewal in one action does not comply. The checkout flow must therefore:

present the automatic renewal disclosure in visual proximity to the consent mechanism and before billing information is confirmed, including the amount or range of charges and the frequency of those charges (§ 17602(a)(8));

capture a separate, unbundled, unticked affirmative consent to auto-renewal (§ 17602(a)(4)), with nothing on the screen that interferes with, detracts from, contradicts or undermines that consent (§ 17602(a)(5));

send an acknowledgement after purchase, in a form the consumer can retain, restating the auto-renewal terms, the cancellation policy and how to cancel (§ 17602(b), § 17602(f));

provide online cancellation in the same medium the subscription was started in, reachable without talking to anyone (§ 17602(c), (d));

send an annual reminder stating the product, the frequency and amount of charges, and how to cancel (§ 17602(h)), and send reminders before a free-to-pay conversion;

give 7 to 30 days' advance clear and conspicuous notice of any material price or term change (§ 17602(g)); and

retain proof of consent for three years, or one year after termination, whichever is longer.

Similar statutes exist in other US states, including New York (N.Y. Gen. Bus. Law § 527-a), and comparable disclosure duties apply under the Restore Online Shoppers' Confidence Act (15 U.S.C. §§ 8401 to 8405). The FTC's Negative Option ("click to cancel") Rule was vacated in its entirety by the Eighth Circuit in Custom Communications, Inc. v. FTC on 8 July 2025, but ROSCA, section 5 of the FTC Act and state ARLs are unaffected and continue to apply, and the FTC has begun a fresh rulemaking. Counsel to confirm the position as at the date of publication.

The consent-capture UI does not yet exist, or has not been confirmed to exist. It must be built and evidenced before Paid Plans are sold to a California resident.

11.9 Renewal date and amount. Your subscription renews at the end of each billing period, at the then-current price for your plan, unless we have given you notice of a price change under section 11.16, or you have cancelled.

11D. Cancelling

11.10 How to cancel. You may cancel at any time from your account settings in the Service, or through your Whop account. Cancellation is available online, in the same medium you used to subscribe, without contacting us and without completing any retention flow. [CONFIRM: the cancellation path exists in-product and works. If cancellation is only possible through Whop, that must be stated plainly here and made obvious in the product.]

11.11 When cancellation takes effect. Cancellation stops the next renewal. Unless Annex A or section 11.14 says otherwise, your Paid Plan continues to the end of the period you have already paid for, and then stops. You keep your Quota until then.

11.12 What happens after cancellation. When your Paid Plan ends you move to the Free Tier, or if your Free Tier allowance is exhausted, to an account with no Try-On Check capability. Your Account and your data remain until you delete them or until the retention periods in section 6.6 expire. Cancelling a subscription does not delete your Account. To delete your Account, use the delete function, and read section 6.7 first.

11E. Refunds, price changes, tax, failed payments

11.13 General position. Except as set out in section 11.14, in Annex A, or where mandatory law requires otherwise, subscription fees are non-refundable and we do not provide refunds or credits for partial periods, unused Quota, or periods in which you did not use the Service.

11.14 When we will refund. We will refund you:

(a) where the law requires it, including under the withdrawal and statutory remedy rights in Annex A;

(b) where we suspend or terminate your Paid Plan for a reason that is not your fault and not a breach by you (section 15.7);

(d) where the Service was materially unavailable or not as described for a significant part of a billing period, on a pro-rata basis;

(e) where we materially reduce what your plan provides and you cancel for that reason (section 10.7, section 14.4).

[CONFIRM: whether the client wants a discretionary goodwill refund window, for example 14 days no-questions-asked for first-time subscribers. This is a commercial decision, and offering it materially reduces chargeback and complaint risk.]

11.15 How to ask for a refund. Contact us at [CONFIRM: billing contact email address], with your Account email and the charge in question. We will respond within [CONFIRM: number] business days. Where we agree a refund, it is processed through Whop and returned to your original payment method. Timing depends on your bank.

11.16 Price changes. We may change our prices. If we do:

(a) an existing subscription keeps its price until the end of the current billing period;

(b) we will give you clear and conspicuous notice before the change takes effect, by email to your Account address and in the Service. The notice will state the current price, the new price, and the date it takes effect;

(c) the notice period will be at least [CONFIRM: notice period. Not less than 7 days and not more than 30 days for California residents under Cal. Bus. & Prof. Code § 17602(g); 30 days is recommended as a single global standard, and is more likely to be considered fair under Schedule 2 paragraph 11 of the UK Consumer Rights Act 2015 and Annex 1(j) and (l) to Directive 93/13/EEC];

(d) you may cancel before the change takes effect and not be charged the new price. Continuing after the effective date means you accept the new price.

11.17 Tax. Prices are stated [CONFIRM: exclusive or inclusive of VAT, GST and sales tax]. You are responsible for any tax that applies to your purchase, other than tax on our income. Where we or Whop are required to collect tax, it will be shown at checkout or added to your charge. Your stated country and state of residence, and your billing address, determine the tax applied. If you give us a false residence to reduce tax, you are liable for the difference.

11.18 Failed payments and dunning. If a payment fails:

(a) we or Whop may retry the charge, up to [CONFIRM: number] times over [CONFIRM: period];

(b) we will notify you at your Account email address and ask you to update your payment method;

(d) if payment remains outstanding after [CONFIRM: grace period], we may cancel your subscription and downgrade your Account;

(e) we will not charge you a late fee or interest. [CONFIRM: confirm this is the commercial intention. A consumer late fee is a high-risk term under unfair terms law and is not recommended.]

11.19 Chargebacks. If you think a charge is wrong, contact us first at [CONFIRM: billing contact email address]. We will try to resolve it quickly. Raising a chargeback with your bank instead of contacting us costs us a fee and time, and may lead us to suspend your Account while the dispute is open. If a chargeback is decided in our favour, we may reinstate the charge or require it to be paid before restoring access, and we may decline to serve you in future. Nothing in this clause takes away your legal right to dispute a charge with your card issuer or bank, and we will not penalise you for raising a legitimate dispute.

11.20 Promotional offers. Discounts, trials, credits and promotional prices are subject to their own stated terms, are for a limited period, are not transferable, have no cash value, and may be withdrawn. Where a discounted or trial period converts to a paid period, we will tell you before it converts and the terms in the disclosure box above apply.

12. Intellectual property

12.1 Ours. The Service, and everything in it other than Your Content and third party material, is owned by us or our licensors. This includes the software, the interface, the design, the text, the measurement and fit-matching logic, our prompts and model configurations, our name, our logo and our branding. We grant you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. That is the only right we grant. All other rights are reserved.

12.2 Yours. Your Content is yours. Section 6 says what we may do with it.

12.3 Brand names, trade marks and Size Charts. The Service refers to clothing brands, retailers, product names and Size Charts.

(a) All brand names, trade marks, service marks, logos, product names, garment designs, product photography and Size Charts referenced by or displayed in the Service are the property of their respective owners.

(b) We are not affiliated with, associated with, authorised by, endorsed by, sponsored by, or in any way officially connected with any brand or retailer referenced in the Service.

(c) Our references to brand names and product names are nominative and descriptive: we use them only to identify the garment you are asking about, which cannot be done without naming it. We do not use them to indicate origin, sponsorship or endorsement, we use no more of the mark than is necessary to identify the product, and we do not use brand logos or trade dress to suggest a relationship. This reflects the nominative fair use doctrine in United States trade mark law and the honest practices requirement in Article 14(1)(c) and 14(2) of Regulation (EU) 2017/1001 and section 11(2)(b) of the UK Trade Marks Act 1994.

(d) Size Charts are factual measurement data published by brands. Where a Size Chart or a database of Size Charts attracts protection (for example under the sui generis database right in Directive 96/9/EC, or under copyright in its selection or arrangement), we use it only to the extent permitted by law or by the rights holder's terms. [CONFIRM: this is a genuine legal exposure. How are Size Charts actually obtained: manual entry, licensed feed, scraping, or model recall? Each route has a different answer, and scraping a retailer's site may breach that retailer's terms of use, the database right, and in the US may raise Computer Fraud and Abuse Act and breach of contract questions. Counsel must be told the real answer. See section 25.7.]

(e) If you are a brand or rights holder and you object to how we reference your marks or data, contact us at [CONFIRM: IP contact email address] and we will engage with you promptly.

12.4 No implied licence. Nothing in these Terms grants you any right in our trade marks or in any third party's trade marks.

12.5 Our use of your name. We will not use your name, likeness or Account information in publicity without your separate, specific, written consent.

12.6 Third-party open source. The Service may include open source components, licensed under their own terms, which prevail over these Terms for those components. [CONFIRM: whether an open source attributions page is required and its URL.]

12.7 Copyright complaints. If you believe material on the Service infringes your copyright, send a notice to [CONFIRM: designated copyright agent name and email address] containing: your contact details; identification of the work; identification of the material and where it is; a statement that you have a good faith belief the use is not authorised; a statement that the notice is accurate and, under penalty of perjury, that you are authorised to act; and your signature. We operate a repeat infringer policy and will terminate the Accounts of repeat infringers in appropriate circumstances.

[CONFIRM: whether a Digital Millennium Copyright Act (17 U.S.C. § 512) safe harbour is available and wanted. If it is, a designated agent must be registered with the US Copyright Office. Note that most user content here is private to the uploading user and is not publicly displayed, which reduces but does not eliminate the relevance of section 512. Separately, if EU users are served, consider the notice-and-action obligations in Articles 16 to 18 of Regulation (EU) 2022/2065 (the Digital Services Act) and whether clothy is a "hosting service" for its purposes; the private nature of uploads is again relevant. See section 25.9.]

13. Third-party services and links

13.1 The Service relies on third parties, including an AI image generation and vision provider, hosting and object storage, a content delivery and bot-detection provider, an email provider, an SMS provider, and Whop for payments. Our current processors are listed in the Privacy Policy.

13.2 The Service may contain links to third-party websites, including retailers' product pages. We do not control those sites, we do not endorse them, and we are not responsible for their content, their products, their prices, their availability, their terms or their privacy practices. Following a link is at your own risk.

13.3 Anything you buy from a retailer is a contract between you and that retailer. We are not a party to it. We are not an agent, broker, reseller or affiliate of any retailer, and we do not earn a commission on garments you buy. [CONFIRM: whether affiliate links, referral fees or retailer commissions exist or are planned. If they do, this clause is false and must be replaced with a disclosure that complies with the FTC Endorsement Guides (16 C.F.R. Part 255) and the UK Consumer Protection from Unfair Trading Regulations 2008 / Digital Markets, Competition and Consumers Act 2024.]

13.4 Where a third party's failure prevents us from providing the Service, section 22.1 (force majeure) and section 5.10 apply.

14. Beta features and changes to the Service

14.1 Beta features. We may offer features labelled beta, preview, experimental or early access. Those features:

(a) are provided as-is, without any warranty at all beyond what mandatory law requires;

(b) may be unstable, may produce unreliable Outputs, and may be changed or withdrawn at any time;

(d) are not covered by any service commitment.

14.2 You are not required to use a beta feature. If you do, and it goes wrong, section 17 applies, and we will not be liable beyond what mandatory law requires.

14.3 Changes to the Service. We may add, change, improve or remove features. We may change the AI models we use, which may change the appearance and content of Outputs.

14.4 Material adverse changes. If we make a change that materially reduces the core functionality of a Paid Plan you hold, we will give you reasonable advance notice by email, and you may cancel and receive a pro-rata refund of the unused part of your current period. This reflects, and is intended to be at least as favourable as, the modification rules in Article 19 of Directive (EU) 2019/770 and regulation 24 of the UK Digital Content and Services regime. [CONFIRM: counsel to check the precise UK implementing provision, which sits in the Consumer Rights Act 2015 Part 1 Chapter 3 as amended.]

14.5 Discontinuing the Service. We may discontinue the Service entirely. If we do, we will give you at least [CONFIRM: notice period, 30 days suggested] notice by email, refund the unused part of any prepaid period on a pro-rata basis, and keep the data export function available for the whole notice period so you can take your data with you.

15. Suspension and termination

15.1 You may leave at any time. You may cancel a Paid Plan under section 11.10 and you may delete your Account at any time, for any reason, without giving a reason.

15.2 Deleting your Account. Deleting your Account destroys your data encryption key. That makes your Uploads, Body Data, Outputs and Fit Reports permanently unrecoverable, including from backups. This cannot be undone. Export your data first if you want to keep it. See section 6.7.

15.3 We may terminate for cause. We may suspend or terminate your Account or your access to any part of the Service, immediately, where:

(a) you have materially breached these Terms, and either the breach cannot be put right or you have not put it right within a reasonable period after we asked you to;

(b) you have breached section 7 (photographs) or section 9 (acceptable use);

(d) your use exposes us, another user, or a third party to legal liability, security risk or serious harm;

(e) payment is outstanding after the process in section 11.18;

(f) we are required to by law, court order or a regulator.

15.4 Immediate suspension without notice. Where the risk is serious and urgent, including suspected child sexual abuse material, suspected non-consensual intimate imagery, an active security incident, or suspected fraud, we may suspend immediately and without prior notice. We will tell you as soon as it is safe and lawful to do so, and we will tell you why, unless the law forbids it.

15.5 Your right to be told why, and to appeal. If we suspend or terminate your Account, we will tell you the reason, and you may appeal by writing to [CONFIRM: appeals contact email address]. We will consider your appeal fairly and respond within [CONFIRM: number] days. This reflects the statement of reasons and internal complaint-handling duties in Articles 17 and 20 of Regulation (EU) 2022/2065. [CONFIRM: whether the Digital Services Act applies to clothy at all; see section 25.9.]

15.6 We may terminate without cause. We may terminate your Account without cause on [CONFIRM: notice period, 30 days suggested] written notice to your Account email address. If we do:

(a) you keep access for the notice period;

(b) we refund the unused portion of any prepaid period on a pro-rata basis;

15.7 Refunds on termination. If we terminate for cause under section 15.3, no refund is due, except where mandatory law requires one. If we terminate without cause, or suspend for a reason that is not your fault, we refund the unused period on a pro-rata basis.

15.8 What happens to your data on termination. On termination, whether by you or by us:

(a) your access to the Service ends;

(b) you may export your data during any notice period, and, where termination is immediate, for [CONFIRM: number, 30 days suggested] days afterwards unless the law or the reason for termination prevents it;

(c) after that period, we delete your Account and destroy your data encryption key, making your data permanently unrecoverable;

(d) we may retain a minimal record for as long as we must, for legal compliance, tax, fraud prevention, dispute resolution and enforcement of these Terms. That record is limited to what is necessary and is described in the Privacy Policy;

(e) a tombstone record of the destroyed key is retained so that a backup restore cannot resurrect it.

15.9 Survival. Sections 2, 5.4 to 5.12, 6.1, 6.5, 6.12, 8, 12, 15.8, 16, 17, 18, 19, 20, 22 and the Annexes survive termination, together with any other clause that by its nature should survive.

16. Disclaimers

16.1 This section is limited by section 16.6, section 17.5 and Annex A. If you are a consumer, you have statutory rights that these disclaimers cannot and do not take away.

16.2 As-is. Subject to section 16.6, the Service is provided "as is" and "as available", and we make no warranties, conditions, representations or undertakings of any kind, whether express, implied, statutory or otherwise, other than those expressly set out in these Terms.

16.3 What we specifically do not warrant. Without limiting section 16.2, we do not warrant that:

(a) measurements are accurate. We do not warrant the accuracy, precision, reliability or completeness of any body measurement estimated by the Service, of any garment measurement derived from a Size Chart, or of any comparison between them;

(b) anything will fit. We do not warrant that a garment the Service assesses as fitting will fit you, will be comfortable, will suit you, will be returnable, or will meet your expectations;

(c) Size Charts are correct. We do not warrant the accuracy, currency or applicability of any third-party Size Chart, or that we have matched your garment to the correct chart;

(d) renders are faithful. We do not warrant that a rendered image accurately depicts the garment, the fabric, the colour, the drape, the fit or your body;

(e) the Service will be uninterrupted, secure, error-free, free of harmful components, or that defects will be corrected;

(f) results obtained from the Service will meet your requirements or will be consistent between runs;

(g) any purchase decision informed by the Service will be a good one.

16.4 Implied terms excluded. Subject to section 16.6, we exclude all implied warranties and conditions, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing or trade usage.

16.5 Third parties. We give no warranty in respect of any third-party service, retailer, brand, garment, website or content, including anything reached through a link in the Service.

16.6 Nothing excluded that cannot be excluded. Nothing in this section or in these Terms excludes or limits any warranty, condition, term or right that cannot lawfully be excluded or limited. In particular:

(a) if you are a consumer in the United Kingdom, the statutory rights in Chapter 3 of Part 1 of the Consumer Rights Act 2015 (digital content to be of satisfactory quality, fit for a particular purpose made known to us, and as described) cannot be excluded, and section 57 of that Act makes any attempt to exclude them ineffective;

(b) if you are a consumer in the European Union or EEA, the conformity requirements in Articles 6 to 8 and the remedies in Articles 13 to 16 of Directive (EU) 2019/770 on digital content and digital services, and your rights under Directive 93/13/EEC on unfair terms, cannot be excluded;

(c) if you are a consumer elsewhere, any non-excludable statutory guarantee under your local law continues to apply. In Australia, for example, nothing here excludes the consumer guarantees in the Australian Consumer Law.

16.7 Beta features. Section 14.1 applies in addition to this section.

17. Limitation of liability

17.1 Read section 17.5 first. Some liability cannot be limited, and if you are a consumer in the EU, EEA or UK, Annex A modifies this section in your favour.

17.2 What we are not liable for. Subject to sections 17.5 and 17.6, we are not liable for:

(a) indirect, special, incidental, punitive, exemplary or consequential loss;

(b) loss of profit, revenue, business, opportunity, anticipated savings, goodwill or reputation;

(c) loss or corruption of data, except where caused by our breach of our data protection obligations, and except that this does not apply to loss caused by our failure to take reasonable care;

(d) the cost of a garment you bought, or did not buy, wholly or partly because of the Service, including postage, return postage, restocking fees, customs charges and currency conversion charges;

(e) any loss arising because a Fit Report, a measurement estimate or a rendered image was wrong;

(f) any loss arising from an error, omission, staleness or inconsistency in a third-party Size Chart;

(g) any act or omission of a retailer, brand or other third party;

(h) any loss arising from your breach of these Terms, or from content you uploaded that you were not entitled to upload;

(i) any loss arising from your failure to keep your Account credentials secure, where that failure was not caused by us.

Sub-paragraphs (a) and (b) apply whether or not the loss was foreseeable and whether or not we were told it might occur.

17.3 Cap. Subject to sections 17.5 and 17.6, our total aggregate liability to you arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, is limited to the greater of:

(a) the total amount you paid us for the Service in the 12 months immediately before the event giving rise to the claim; and

(b) [CONFIRM: a fixed floor amount, for example USD 100 or GBP 100. A floor is important because Free Tier users have paid nothing, and a cap of "what you paid" is zero for them, which a court may treat as no remedy at all and therefore unreasonable under section 11 of the Unfair Contract Terms Act 1977 or unfair under Schedule 2 of the Consumer Rights Act 2015].

17.4 One cap. The cap in section 17.3 is a single aggregate cap across all claims, not a cap per claim.

17.5 What we never exclude. Nothing in these Terms excludes or limits our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (see section 2(1) of the Unfair Contract Terms Act 1977 and section 65 of the Consumer Rights Act 2015);

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, so far as they apply;

(d) any liability under Part 1 of the Consumer Protection Act 1987 or Directive 85/374/EEC (and, from its application date, Directive (EU) 2024/2853) on liability for defective products;

(e) gross negligence or wilful misconduct, in any jurisdiction that does not permit its exclusion;

(f) any other liability that cannot lawfully be excluded or limited.

17.6 Consumers in the EU, EEA and UK. If you are a consumer habitually resident in the EU, EEA or the UK:

(a) we are liable to you for foreseeable loss and damage caused by our breach of these Terms or our failure to use reasonable care and skill. Loss is foreseeable if it is obvious that it will happen, or if at the time the contract was made both you and we knew it might happen;

(b) the exclusions in section 17.2 and the cap in section 17.3 do not apply to you in so far as applying them would be an unfair term under Directive 93/13/EEC, the Consumer Rights Act 2015 Part 2, or your local implementing law. In particular, we do not seek to exclude or limit liability for our own breach of contract or negligence in a way that a court would regard as unfair;

(c) the cap in section 17.3 does not limit our liability for a breach of the digital content conformity requirements in Directive (EU) 2019/770 or Chapter 3 of Part 1 of the Consumer Rights Act 2015;

(d) your remedies under those laws, including price reduction and termination, are additional to anything in these Terms.

This section is drafted so that the rest of section 17 fails safely: if a court finds an exclusion or cap unenforceable against a consumer, that exclusion or cap is simply not applied to that consumer, and the remainder of these Terms continues in force under section 22.2.

17.7 Consumers in the United States. Some US states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages. If you live in such a state, sections 16 and 17 apply to you only to the extent that state permits, and you may have additional rights. See Annex B.

17.8 Business users. If you use the Service in the course of a business, sections 17.2 and 17.3 apply in full, sections 17.6 and Annex A do not apply to you, and you agree that the allocation of risk in these Terms is reasonable given the price of the Service.

17.9 Basis of the bargain. The disclaimers and limitations in sections 16 and 17 reflect the price of the Service and the nature of what it does, which is to produce estimates. They apply even if a limited remedy fails of its essential purpose, except where mandatory law says otherwise.

18. Your indemnity

18.1 You will indemnify us and our officers, employees and agents against any loss, damage, liability, cost or expense (including reasonable legal fees) we actually incur as a result of a third-party claim, demand, action or proceeding that arises from:

(a) your breach of section 7 (your promises about photographs and images);

(b) your breach of section 9 (acceptable use);

(c) your infringement of a third party's intellectual property, privacy, publicity, personality or data protection rights through Your Content or your use of an Output;

(d) your fraudulent or deliberately unlawful conduct.

18.2 Scope limits. This indemnity is deliberately narrow, and:

(a) it applies only to claims actually brought by a third party against us. It does not apply to our own losses, our internal costs, or a general breach of these Terms;

(b) it does not apply to the extent the claim arises from our own breach, negligence, or wrongful act;

(c) if you are a consumer, it does not apply to anything you did honestly and in good faith and without negligence, and it does not apply at all to the extent it would be an unfair term under Directive 93/13/EEC, the Consumer Rights Act 2015 Part 2, or your local consumer law;

(d) our recovery under this clause is limited to loss we could not reasonably have avoided.

18.3 How it works. If we want to rely on this indemnity we will: tell you promptly about the claim; not admit liability or settle without your consent, which you will not unreasonably withhold; and let you participate in the defence. We reserve the right to control the defence of any claim we are indemnified against, at your reasonable cost.

18.4 [CONFIRM: whether the client wants a consumer indemnity at all. Many consumer services drop it, because it is close to unenforceable against a consumer in the EU and UK, it is a reputational negative, and in practice a company rarely recovers under it. The narrow version above is a compromise. An alternative is to delete section 18 and rely on the general right to damages for breach.]

19. Dispute resolution

DRAFTED AS TWO ALTERNATIVES. THE CLIENT MUST CHOOSE ONE, AND COUNSEL MUST DELETE THE OTHER BEFORE PUBLICATION. DO NOT PUBLISH BOTH.

The brief records that whether arbitration and a class action waiver are wanted is not yet decided. Section 25.10 sets out the trade-off.

Both options are subject to section 19.0 and to Annex A, which apply whichever option is chosen.

19.0 Talk to us first. Whichever option applies, before starting any formal process please contact us at [CONFIRM: legal or support contact email address] with a description of the problem and what you want us to do. We will try to resolve it within 30 days. This is not a precondition to your right to go to court or to a consumer body, and it does not stop time running on any limitation period.

OPTION A: Binding individual arbitration (US-style)

Use this option only if the client accepts the trade-offs in section 25.10. It applies to United States users only. It must never be applied to EU, EEA or UK consumers.

19.A.1 Who this applies to. Section 19.A applies only if you are resident in the United States. If you are resident anywhere else, section 19.B applies to you instead.

19.A.2 Agreement to arbitrate. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination and validity, will be resolved by binding individual arbitration and not in court, except as set out in sections 19.A.4 and 19.A.5.

19.A.3 Arbitration rules and forum. Arbitration will be administered by [CONFIRM: AAA or JAMS] under its consumer arbitration rules in effect at the time, which are incorporated by reference. The arbitration will be conducted by a single arbitrator. It may be conducted by documents only, by telephone, by video, or in person, and if in person, in the county or district where you live or another mutually agreed place. We will pay the arbitration fees that the applicable consumer rules require us to pay, and we will pay your share of the filing fee if the arbitrator finds it would be a hardship for you. Each side bears its own legal fees unless a statute or the arbitrator says otherwise. The arbitrator may award any relief a court could award to you individually, and must issue a reasoned written decision.

19.A.4 Small claims carve-out. Either of us may bring an individual claim in small claims court instead of arbitration, if the claim qualifies and stays in that court.

19.A.5 Injunctive relief carve-out. Either of us may seek injunctive or equitable relief in court to stop actual or threatened infringement or misuse of intellectual property, or unauthorised access to the Service.

19.A.6 Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. You do not waive any right you have to bring a claim in a representative capacity that cannot lawfully be waived, including under the California Private Attorneys General Act to the extent it applies.

19.A.7 Blow-up provision. If a court decides that section 19.A.6 is unenforceable as to a particular claim or a particular request for relief, that claim or request must be brought in court and stayed pending arbitration of the rest. If section 19.A.6 is found unenforceable in its entirety, then the whole of section 19.A is void and section 19.B applies instead.

19.A.8 Mass arbitration. If 25 or more claimants file substantially similar arbitrations represented by the same or coordinated counsel, the claims will be administered in staged batches of no more than [CONFIRM: number, e.g. 50] under the administrator's mass arbitration or batching rules, with a bellwether process, and the limitation period is tolled for unfiled claims in the meantime. [CONFIRM: whether this clause is wanted. Batching clauses reduce mass-arbitration fee exposure but have themselves been struck down as unconscionable in some cases.]

19.A.9 Your right to opt out. You may opt out of section 19.A. To do so, send written notice within 30 days of first accepting these Terms (or, for existing users, within 30 days of the date the arbitration clause first applies to you) to [CONFIRM: opt-out email address and postal address], stating your name, the email address on your Account, and that you opt out of arbitration. Opting out has no effect on your Account, your plan or your price, and we will not treat you differently for doing it. If you opt out, section 19.B applies to you.

19.A.10 Changes. If we materially change section 19.A in future, the change will not apply to a dispute of which we already had notice, and you will get a fresh 30 day opt-out window.

19.A.11 Federal Arbitration Act. Section 19.A is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 to 16.

19.A.12 Not applicable to EU, EEA or UK consumers. Section 19.A does not apply to a consumer habitually resident in the EU, EEA or the UK. A pre-dispute arbitration agreement and a class action waiver are, as a general matter, unenforceable against such a consumer: an arbitration clause imposed on a consumer is presumptively unfair under Annex 1(q) to Directive 93/13/EEC and paragraph 20 of Schedule 2 to the UK Consumer Rights Act 2015, section 91 of the UK Arbitration Act 1996 makes an arbitration agreement unfair in relation to a claim below the prescribed amount, and Articles 17 to 19 of Regulation (EU) 1215/2012 (Brussels Ia) preserve a consumer's right to sue in, and be sued only in, the courts of their own domicile. See Annex A.

OPTION B: Courts only (no arbitration, no class waiver)

This is the simpler and lower-risk option. It is also the only option that works cleanly if EU or UK consumers are served.

19.B.1 Courts. Any dispute arising out of or relating to these Terms or the Service will be resolved by the courts identified in section 20.

19.B.2 No arbitration. There is no agreement to arbitrate, and no class action waiver. Your right to participate in any class, collective or representative proceeding available to you under the law of your own jurisdiction is unaffected.

19.B.3 Consumers. If you are a consumer, nothing in this section takes away your right to bring proceedings in the courts of the country where you live, or to use an alternative dispute resolution or consumer complaints body available to you. See Annex A.

19.B.4 Informal resolution first. Section 19.0 applies.

20. Governing law and venue

20.1 Governing law. These Terms and any dispute arising out of them are governed by the law of [CONFIRM: chosen governing law. This should ordinarily be the law of the place of incorporation. Because that is not yet known, this clause cannot be completed. See section 25.11.], without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

20.2 Venue. Subject to section 19 and to sections 20.3 and 20.4, the courts of [CONFIRM: chosen venue] have exclusive jurisdiction.

20.3 Consumers in the EU and EEA. If you are a consumer habitually resident in the EU or EEA:

(a) the choice of law in section 20.1 does not deprive you of the protection of the mandatory rules of the law of your country of habitual residence, as required by Article 6(2) of Regulation (EC) No 593/2008 (Rome I);

(b) you may bring proceedings against us in the courts of your country of domicile, and we may bring proceedings against you only in the courts of your country of domicile, as required by Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels Ia). The exclusive jurisdiction clause in section 20.2 does not apply to you.

20.4 Consumers in the United Kingdom. If you are a consumer habitually resident in the United Kingdom, section 20.1 does not deprive you of the protection of the mandatory rules of the law of England and Wales, Scotland or Northern Ireland as applicable, and you may bring proceedings in the courts of the part of the UK in which you live. This reflects section 74 of the Consumer Rights Act 2015 and the retained Rome I and Brussels regimes as they apply in the UK.

20.5 Other consumers. If mandatory consumer protection law in your country of residence gives you rights or a forum that these Terms would otherwise take away, that law prevails to the extent of the conflict.

21. Changes to these Terms

21.1 We may change these Terms. We will not change them retrospectively.

21.2 Notice. For any change that is more than a correction of a typographical error, a clarification that does not change meaning, or a change required by law with immediate effect, we will:

(a) post the updated Terms at [CONFIRM: URL] with a new version number and effective date;

(b) email your Account address; and

21.3 Continued use. For non-material changes, continuing to use the Service after the effective date means you accept the updated Terms.

21.4 Material changes require your active agreement. For a change that is material and adverse to you, we will ask you to accept it actively, by a clear in-product step, before it applies to you. We will not treat mere continued use as acceptance of a material adverse change. Changes we will treat as material include:

(a) a price increase;

(b) a reduction in Quota or in the core functionality of your plan;

(c) a change to how we use, retain, share or protect Your Content, including any change to the commitment in section 6.5(a) that we do not train models on Your Content;

(d) the introduction of, or a material change to, an arbitration agreement or class action waiver;

(e) a material change to section 17 (limitation of liability) or section 18 (indemnity);

(f) a change to governing law or venue.

This reflects the requirement in Article 19 of Directive (EU) 2019/770 that a trader may only modify a digital service in ways the contract allows, with a valid reason, and with notice and a right to terminate; the unfair terms position on unilateral variation in Annex 1(j) and (k) to Directive 93/13/EEC and paragraphs 11 and 13 of Schedule 2 to the Consumer Rights Act 2015; and Cal. Bus. & Prof. Code § 17602(g) for price and material term changes to an automatically renewing subscription.

21.5 If you do not accept. If you do not accept a material change, you may cancel before it takes effect, and we will refund the unused part of any prepaid period on a pro-rata basis. That is your remedy and we will not charge you anything for it.

21.6 Version history. We will keep previous versions of these Terms available at [CONFIRM: URL for the terms archive], so you can see what changed and when. We keep a record of the exact text you agreed to, its version, the policy version, and a SHA-256 hash of that text, together with the time, the surface, the mechanism and the locale of your consent.

22. General

22.1 Force majeure. We are not liable for a failure or delay in performing our obligations caused by an event beyond our reasonable control, including act of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, civil disturbance, industrial action, government action, sanctions, failure of a public telecommunications network, failure of a utility, a large-scale internet or cloud outage, or the failure or withdrawal of a critical third-party service including an AI provider. If the event continues for more than [CONFIRM: period, 30 days suggested], either of us may terminate, and we will refund the unused part of any prepaid period. This clause does not excuse a failure to pay money, and does not apply to a consumer's statutory remedies.

22.2 Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it will be severed. The rest of these Terms will remain in full force. Where a provision is unenforceable only against a particular class of user (for example, a consumer in a particular country), it is disapplied only as against that class and continues to apply to everyone else.

22.3 Entire agreement. These Terms, together with the documents incorporated by section 1.4, are the entire agreement between you and us about the Service, and replace any earlier agreement or understanding about it. Nothing in this clause limits liability for fraudulent misrepresentation, and nothing in it excludes a consumer's reliance on a statement we made that induced them to enter the contract.

22.4 Assignment. You may not assign or transfer these Terms or your Account. We may assign or transfer these Terms to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms and by our Privacy Policy, and provided your rights are not reduced. If you are a consumer, we will tell you if this happens, and if the transfer is adverse to you, you may terminate and receive a pro-rata refund. [CONFIRM: whether the client wants to commit to notifying users on a change of control. Recommended, and see also the Privacy Policy, because a change of control involving sensitive personal data of this kind attracts regulatory attention.]

22.5 No waiver. If we do not enforce a right under these Terms, that is not a waiver of it. A waiver is only effective if we give it in writing, and it applies only to the specific instance.

22.6 No third-party rights. Except as expressly stated, no one other than you and us has any right to enforce these Terms. The Contracts (Rights of Third Parties) Act 1999 does not apply. [CONFIRM: adjust if governing law is not English.]

22.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship between you and us.

22.8 Notices.

(a) We give you notice by email to your Account email address, or by a prominent in-product message, or both. A notice by email is treated as received on the day it is sent, unless we are told it did not arrive.

(b) You give us notice by email to [CONFIRM: legal notices email address], or by post to [CONFIRM: registered address]. A notice is treated as received when we acknowledge it or two business days after it is sent, whichever is earlier.

22.9 Language. These Terms are written in English. Where we provide a translation, the English version prevails, except where mandatory local law provides otherwise, and except that a consumer may rely on the translation we provided to them. [CONFIRM: some EU member states, including France under the Toubon Law and Belgium, require consumer terms to be available in a local language. Check for each market served.]

22.10 Contact.

General and support: [CONFIRM: support email address]
Billing: [CONFIRM: billing email address]
Privacy and data requests: [CONFIRM: privacy email address or DPO contact]
Safety, abuse and non-consensual imagery: [CONFIRM: abuse email address]
Legal notices and intellectual property: [CONFIRM: legal email address]
Postal: [CONFIRM: registered address]

[CONFIRM: for California residents, section 1789.3 of the California Civil Code requires that a provider of an electronic commercial service give its name, address and telephone number for complaints, and the contact details of the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. See Annex B.1. A telephone number or a statement that none is available is required. Decide how this is satisfied.]

Annex A. EU, EEA and UK consumer rights

This annex applies if you are a consumer habitually resident in the European Union, the European Economic Area or the United Kingdom. Where it conflicts with anything in Part B, this annex wins.

[CONFIRM: whether EU, EEA and UK consumers are intentionally served at all. If the Service is deliberately not offered there, this annex may be reduced. But note that "directing activities" to a country under Article 6 Rome I and Article 17 Brussels Ia is a low bar: a website in English, priced in euros or pounds, that accepts EU or UK sign-ups will very likely be found to direct activities there regardless of intent. Blocking is a product decision, not a drafting one.]

A.1 Your statutory rights come first

A.1.1 Nothing in these Terms affects your statutory rights as a consumer. Any term that would exclude, limit or make it harder to exercise a statutory right does not apply to you to that extent.

A.1.2 In particular, you have rights under:

Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, and its national implementations;
Directive 2011/83/EU on consumer rights, and its national implementations;
Directive 93/13/EEC on unfair terms in consumer contracts;
in the UK, Parts 1 and 2 of the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134).

A.2 Right of withdrawal (14 day cooling off), and how it is waived

A.2.1 You have 14 days to change your mind. When you buy a Paid Plan online you have a right to withdraw from the contract within 14 days, without giving a reason. The period starts on the day the contract is concluded (Article 9(2)(a) of Directive 2011/83/EU; regulation 30(3) of the UK Consumer Contracts Regulations 2013).

A.2.2 How to withdraw. Tell us, in a clear statement, before the 14 days expire. You can email [CONFIRM: withdrawal email address], use the cancellation function in your account, or use the model withdrawal form in Annex I(B) to Directive 2011/83/EU. We will confirm receipt without delay.

A.2.3 Refund. If you withdraw, we will refund all payments received from you without undue delay and in any event within 14 days of being told, using the same means of payment you used, at no cost to you (Article 13; regulation 34).

A.2.4 How the right is waived, and what happens if you use the Service first. Because clothy is a digital service supplied immediately, the withdrawal right can be lost, but only if all three of the following happen:

(a) you give prior express consent to us beginning to supply the service during the 14 day period;

(b) you acknowledge that you will lose your right of withdrawal once the service has been fully performed; and

This is Article 16(m) and Article 16(a) of Directive 2011/83/EU as amended, read with Article 7(3) and 8(8), and regulations 36, 37 and 38 of the UK Consumer Contracts Regulations 2013.

A.2.5 If you start using the Service during the 14 days but then withdraw. Where the service has been begun with your consent but not fully performed, you may still withdraw, and you must pay only an amount proportionate to what was supplied before you withdrew, calculated against the total contract price (Article 14(3); regulation 36(4)). In practice we will charge you for the Try-On Checks you used and refund the rest.

A.2.6 If we did not obtain your consent and acknowledgement properly, you owe nothing. If we failed to obtain your prior express consent, or failed to obtain your acknowledgement, or failed to confirm on a durable medium, you bear no cost at all for the service supplied and are entitled to a full refund (Article 14(4)(b); regulation 36(6)).

[PRODUCT REQUIREMENT]

The checkout flow must capture, as a separate step from the auto-renewal consent in section 11.8 and from acceptance of these Terms:

an unticked box: "I want clothy to start immediately, during the 14 day cancellation period."

an unticked box or clear adjacent statement: "I understand that once clothy has been fully performed I lose my right to cancel, and that if I cancel partway I will be charged for what I used."

an emailed confirmation restating both, retained as a durable medium.

Without all three, an EU or UK consumer can cancel within 14 days and get a full refund even if they used the Service. Combined with the California ARL requirement at section 11.8, checkout needs at least three separate consent captures: Terms acceptance, auto-renewal consent, and immediate-performance consent with withdrawal-right acknowledgement. [CONFIRM: that this flow will be built.]

A.2.7 The Free Tier. The withdrawal right applies to contracts for which you pay. The Free Tier does not involve payment, so section A.2 does not apply to it, though you may stop using it at any time. [CONFIRM: note that Directive (EU) 2019/770 Article 3(1) does extend to services supplied in exchange for personal data, so counsel should confirm whether the Free Tier is caught. Given that clothy processes special category biometric-adjacent data, this is worth a proper answer.]

A.3 Conformity, and what you can require if the Service is defective

A.3.1 We must supply the Service in conformity with the contract: it must be fit for the purposes for which digital services of the same type are normally used, be of the quality and description you can reasonably expect, and be supplied with any instructions and support you can reasonably expect (Articles 6 to 8 of Directive (EU) 2019/770; sections 34 to 36 of the UK Consumer Rights Act 2015).

A.3.2 If the Service is not in conformity you may require us to bring it into conformity, and if we do not do so within a reasonable time and without significant inconvenience to you, you may require a proportionate price reduction or terminate the contract and get a refund (Articles 13 to 16; sections 42 to 45).

A.3.3 This is important in context. Sections 5 and 16 explain that fit predictions are estimates and that we do not warrant accuracy. Those statements limit what the Service promises. They do not and cannot remove your right to a Service that conforms to what a reasonable consumer would expect from a paid virtual try-on tool. If the Service simply does not work, produces nothing usable, or is materially worse than described, you have the remedies in A.3.2.

A.3.4 Burden of proof. For a defect that becomes apparent within one year of supply, it is for us to prove that the Service was in conformity, not for you to prove that it was not (Article 12(2) of Directive (EU) 2019/770).

A.4 Unfair terms

A.4.1 A term of these Terms that has not been individually negotiated is not binding on you if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to your detriment (Article 3(1) of Directive 93/13/EEC; section 62 of the Consumer Rights Act 2015).

A.4.2 If a term is ambiguous, the interpretation most favourable to you prevails (Article 5; section 69).

A.5 Dispute resolution and complaints

A.5.1 You can always go to your own courts. You may bring proceedings against us in the courts of the country where you live, and we may only bring proceedings against you in those courts (Articles 17 to 19 of Regulation (EU) No 1215/2012).

A.5.2 Arbitration and class waivers do not bind you. Section 19 Option A, if adopted, does not apply to you. A pre-dispute arbitration agreement and a class action waiver are presumptively unfair against a consumer under Annex 1(q) to Directive 93/13/EEC and paragraph 20 of Schedule 2 to the Consumer Rights Act 2015, and under section 91 of the UK Arbitration Act 1996 an arbitration agreement is automatically unfair in relation to a claim for a modest amount. You keep every collective redress right your national law gives you, including any right to be represented by a qualified entity under Directive (EU) 2020/1828 on representative actions.

A.5.3 Alternative dispute resolution. [CONFIRM: whether clothy commits to, or is required by national law to participate in, an alternative dispute resolution scheme, and if so which one. Under Article 13 of Directive 2013/11/EU, a trader that is committed to or obliged to use an ADR entity must say so and give its website.]

A.5.4 The EU ODR platform no longer exists. The European Commission's Online Dispute Resolution platform at ec.europa.eu/odr stopped accepting new complaints in March 2025 and was permanently shut down on 20 July 2025, when Regulation (EU) 2024/3228 repealed Regulation (EU) No 524/2013. Traders are no longer required to link to it, and any such link would now be broken and misleading. Do not include an ODR link in these Terms, in the website footer, or in order confirmations. If you have a complaint you cannot resolve with us, contact your national consumer authority or the European Consumer Centre in your country (eccnet.eu), or in the UK, Citizens Advice.

A.5.5 UK complaints. UK consumers may also contact Citizens Advice, or report a trader to Trading Standards.

A.6 Data protection

A.6.1 Your data protection rights are set out in the Privacy Policy and arise under Regulation (EU) 2016/679 (GDPR) and, in the UK, the UK GDPR and the Data Protection Act 2018. Nothing in these Terms limits them. In particular, agreeing to these Terms is not consent to processing under Article 6 or Article 9 GDPR: consent for that purpose is collected separately, and can be withdrawn at any time.

A.6.2 [CONFIRM: whether an Article 27 GDPR representative in the EU, and a UK representative, are required and appointed. If clothy is established outside the EU and UK and offers the Service to people there, a representative is mandatory, and its identity must be published.]

Annex B. United States addendum

This annex applies if you are resident in the United States. Where it conflicts with Part B, this annex wins.

B.1 California

B.1.1 Complaints. Under section 1789.3 of the California Civil Code, California residents are entitled to the following notice: the provider of this service is [CONFIRM: legal entity name] of [CONFIRM: address]. To file a complaint about the service, or to receive further information about its use, contact us in writing at [CONFIRM: address] or by email at [CONFIRM: support email address]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. [CONFIRM: verify this address and number are current at the date of publication.]

B.1.2 Automatic renewal. California's Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 to 17606, as amended by AB 2863) applies to your subscription. See section 11 and the disclosure box in section 11C. You may cancel online, at any time, from your account settings, without speaking to anyone. We will send you an acknowledgement of your subscription terms and an annual reminder.

B.1.3 Privacy. Your rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (Cal. Civ. Code §§ 1798.100 and following) are set out in the Privacy Policy. This includes the right to know, delete, correct, opt out of sale or sharing, and limit the use of sensitive personal information. We do not sell your personal information and we do not share it for cross-context behavioural advertising. Photographs of you and measurements derived from them are treated as sensitive personal information.

B.1.4 Consequential damages. Under section 1542 of the California Civil Code, a general release does not extend to claims the creditor does not know of at the time of release. [CONFIRM: whether a section 1542 waiver is wanted anywhere in these Terms. This draft does not include a general release, so no waiver is included. Do not add one to a consumer contract without advice.]

B.2 Consumer health data and biometric privacy

B.2.1 What we actually do with your photograph. We analyse the photograph you upload to estimate the dimensions of your body. We do not use it to recognise you, to identify you, or to match you against any other image or database, and we do not build or store any template capable of identifying you. See section 5.11.

B.2.2 Notice to Washington and Nevada residents: consumer health data. Body measurements are expressly within the definition of consumer health data in the Washington My Health My Data Act, which reaches "bodily functions, vital signs, symptoms, or measurements" (RCW 19.373.010), and within the Nevada equivalent (NRS 603A.400 and following). Accordingly:

(a) we collect and process your photograph and the measurements derived from it only with your separate, specific, opt-in consent, obtained before collection and separate from these Terms;

(b) we do not sell consumer health data, and we will not do so without a separate, valid authorisation;

(c) you have rights to confirm, access, delete and withdraw consent, and deleting your Account destroys your data encryption key as described in section 6.7;

(d) our Consumer Health Data Privacy Policy is published separately at [CONFIRM: URL. Washington requires a distinct, separately linked consumer health data privacy policy, prominently linked on the homepage. It is not enough to fold this into the general Privacy Policy.]

B.2.3 Notice to Illinois, Texas, Colorado and Washington residents: biometric statutes. To the extent that any information we process is a biometric identifier or biometric information under the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), the Colorado Privacy Act as amended (C.R.S. § 6-1-1314), or the Washington biometric statute (RCW 19.375):

(a) we tell you in writing, before collection, that the information is being collected or stored;

(b) we tell you the specific purpose and the length of time for which it will be collected, stored and used;

(d) we publish a written retention schedule and destruction guidelines, and we destroy the information when the purpose is satisfied or within the stated period, whichever comes first;

(e) we do not sell, lease, trade or otherwise profit from it; and

(f) we do not disclose it without your consent, except where the law requires it.

Our biometric notice and retention schedule are published at [CONFIRM: URL].

B.2.4 We make no claim about legal categorisation. Nothing in this annex is an admission that the Service collects biometric identifiers, biometric information, or health information as those terms are defined in any statute. Section B.2.3 applies conditionally, to the extent a statute is engaged. Equally, we do not assert that it is not engaged. Section B.2.1 describes what we do; the legal label follows from the law, not from us.

[CONFIRM: THIS IS THE LARGEST US LITIGATION RISK IN THIS PRODUCT.]

The conditional drafting above is deliberate and follows the recommendation at section 1.6 of legal/research/01-jurisdictions.md: describe the processing functionally, apply statutory labels only jurisdictionally and conditionally, and never publish an unqualified global statement such as "we do not collect biometric data". An unqualified denial converts a contested categorisation question into an FTC Act section 5 deception claim if it turns out to be wrong.

Illinois BIPA provides a private right of action with statutory damages of USD 1,000 per negligent violation and USD 5,000 per intentional or reckless violation (740 ILCS 14/20), and no proof of harm is required (Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186). The Washington My Health My Data Act also has a private right of action through the Washington Consumer Protection Act.

Counsel must decide, before launch: whether the face detection step constitutes a "scan of face geometry"; whether the written release, retention schedule and separate consent flow have actually been built; and whether Illinois, Texas or Washington residents should be geoblocked pending that work. This annex assumes compliance is achieved. It does not achieve it. See section 25.5.

B.3 Other states

B.3.1 Automatic renewal. Many states have automatic renewal statutes with their own disclosure and cancellation requirements, including New York (N.Y. Gen. Bus. Law § 527-a), Oregon, Colorado, Virginia, North Dakota, Illinois and Vermont. We aim to apply the strictest applicable standard to all US subscribers. [CONFIRM: counsel to run a 50-state auto-renewal survey before launch, or confirm that applying the California standard uniformly is sufficient.]

B.3.2 State privacy laws. Residents of states with comprehensive privacy statutes, including California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana and others, have rights of access, correction, deletion, portability and opt-out, described in the Privacy Policy. Sensitive data, including biometric data and precise data about a person's body, generally requires opt-in consent under those laws.

B.3.3 Warranty and damages limitations. Some states do not allow limits on implied warranties or on incidental or consequential damages. Where that is so, sections 16 and 17 apply to you only to the extent permitted, and you may have additional rights.

B.3.4 New Jersey. For New Jersey residents, the provisions in sections 16, 17 and 18 apply only to the extent permitted by the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 and following), and any provision that would violate that Act does not apply to you. [CONFIRM: TCCWNA exposure has narrowed since Spade v. Select Comfort (2018) but a clearly-marked New Jersey carve-out remains cheap insurance.]

B.4 US federal

B.4.1 Government users. The Service is a commercial item. If you are a US federal government entity, [CONFIRM: whether the client wants FAR 12.212 / DFARS 227.7202 language. Probably unnecessary for a consumer product; omit unless government sales are contemplated.]

B.4.2 Electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications, electronic records and electronic signatures satisfy any legal requirement that a communication be in writing, under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001). You may withdraw this consent by closing your Account.

Annex C. Other jurisdictions

C.1 [CONFIRM: whether the Service is offered in Australia, Canada, Brazil, Japan, South Korea, India, or elsewhere. Each brings its own mandatory consumer regime, and several bring specific biometric or AI rules. Australia's consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 cannot be excluded and carry a mandatory wording requirement for warranties. Quebec requires French-language consumer contracts. Brazil's LGPD and its Consumer Defence Code both bite. This annex is a placeholder until the market list is settled.]

End of Terms.