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Terms of Service

Last updated: December 29, 2024 | Effective: December 29, 2024

Welcome to FitRate! These Terms of Service ("Terms") govern your use of the FitRate application and website (the "Service") operated by Agentic AI Home ("we," "us," or "our").

1. Acceptance of Terms

By accessing or using FitRate, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You agree to our Privacy Policy
• You meet the eligibility requirements below
• You have the legal capacity to enter into binding agreements

2. Service Description

FitRate is an AI-powered outfit rating application that:

• Analyzes photos of outfits using artificial intelligence
• Provides entertainment-focused ratings and feedback
• Offers competitive features including battles, fashion shows, and leaderboards
• Operates as a Progressive Web App (PWA) accessible via web browser

3. Eligibility

Age Requirements

• Minimum age: You must be at least 13 years old to use FitRate
• Minors (13-17): Must have parental or guardian consent
• Purchases: Users under 18 must have parental permission to make purchases

Additional Requirements

• You must not be prohibited from using the Service under applicable laws
• Your account must not have been previously terminated by us

4. Account & Registration

FitRate uses anonymous device-based identification:

• No formal account registration is required
• A unique device identifier is generated automatically
• Your email is collected only if you make a purchase (for recovery purposes)
• You are responsible for maintaining access to your device

Account Recovery

If you clear your browser data or use a new device:

• You can restore purchases using the email associated with your Stripe payment
• Access the restore feature via the settings icon (⚙️) in the app

5. Purchases & Subscriptions

5.1 Scan Packs (One-Time Purchases)

Pack	Price (USD)	Scans Included
Impulse Pack	$0.99	3 scans
Starter Pack	$2.99	10 scans
Popular Pack	$4.99	25 scans
Value Pack	$6.99	50 scans
Mega Pack	$9.99	100 scans

• Scan packs never expire
• Scans are tied to your device identifier and email
• Scans can be recovered via email if device data is cleared

5.2 FitRate Pro Subscription

Plan	Price (USD)	Benefits
Monthly	$3.99/month	Unlimited scans*, unlimited arena battles, all 12 AI judges, unlimited event entries
Yearly	$29.99/year	All Pro benefits + 2 months free

• *Unlimited scans subject to fair use policy (100 scans/day maximum)
• Daily scans reset at midnight UTC
• Unused daily scans do not roll over
• Cancel anytime; access continues until period ends

5.3 AI Judges

Free Users (6 AI Judges): Nice, Roast, Honest, Chaos, Coquette, Hypebeast

Pro Users (All 12 AI Judges): All free modes plus Savage, Rizz, Celebrity, Aura, Y2K, Villain

5.4 Payment Processing

• All payments are processed securely by Stripe
• We never store or have access to your payment card details
• Prices are in US Dollars (USD) and may vary by region
• You are responsible for any applicable taxes

6. Refund Policy

Scan Packs (One-Time Purchases)

• Eligible for refund within 7 days of purchase
• Must not have used more than 25% of purchased scans
• Refunds processed via Stripe to original payment method

Subscriptions

• Eligible for refund within 7 days of initial subscription or renewal
• Pro-rated refunds are not available for partial months
• Cancel anytime to prevent future charges

How to Request a Refund

Email [email protected] with:

• Email used for purchase
• Date of purchase
• Reason for refund request

We will respond within 3 business days.

7. User Content

7.1 Photos You Upload

• You retain all ownership rights to your photos
• Photos are processed by AI and deleted immediately (within 30 seconds)
• We do not store, sell, or share your photos except as described in our Privacy Policy
• We do not use your photos to train AI models

7.2 Limited License Grant

By uploading photos, you grant FitRate a limited, non-exclusive license to:

• Process photos using AI for outfit analysis
• Display photos in leaderboards if you place in Top 5 of an event
• This license terminates when photos are deleted (immediately after processing, or at event conclusion for leaderboard entries)

7.3 Content Warranties

By uploading content, you represent and warrant that:

• You own the photo or have permission to use it
• The photo does not violate any third party's rights
• The photo complies with our Acceptable Use policy

8. Acceptable Use

You MUST NOT:

• Upload photos containing nudity, sexual content, or minors in inappropriate situations
• Upload photos promoting violence, hate speech, or illegal activities
• Upload photos that infringe on intellectual property rights
• Attempt to bypass rate limits, security measures, or abuse prevention systems
• Use automated tools, bots, or scripts to access the Service
• Create multiple accounts to abuse free tiers or promotions
• Resell, redistribute, or commercially exploit the Service
• Interfere with or disrupt the Service or servers
• Attempt to reverse engineer the AI or algorithms
• Harass, bully, or intimidate other users

Enforcement

Violations may result in:

• Warning or account restriction
• Permanent account termination
• Forfeiture of any purchases without refund
• Reporting to law enforcement if applicable

9. Competitions & Events

9.1 Event Rules

• Weekly events and competitions are for entertainment and bragging rights only
• No monetary prizes are offered at this time
• Rankings are AI-generated and subjective
• We reserve the right to disqualify entries violating these Terms
• We may modify or cancel events at any time

9.2 Leaderboard Display

• Leaderboards display anonymous placeholder names by default
• Top 5 finishers may have their outfit photo displayed publicly
• Only clothing and styling are judged—never body, weight, age, or identity

9.3 Arena Battles

• All users receive 5 free arena battles per day
• Pro subscribers get unlimited arena battles
• Battle results are determined by AI comparison and are final

10. Intellectual Property

Our Property

FitRate and its original content, features, and functionality are owned by Agentic AI Home and protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property rights

Brand Disclaimer

FitRate is not affiliated with, endorsed by, or sponsored by any clothing brands appearing in user-submitted images. All brand names, logos, and trademarks are property of their respective owners.

Feedback

If you provide feedback or suggestions, you grant us the right to use them without compensation or attribution.

11. Disclaimers

We specifically disclaim:

• Accuracy: AI ratings are subjective and for entertainment only
• Availability: We do not guarantee 100% uptime
• Results: We don't guarantee any specific outcomes from using the Service
• Third Parties: We are not responsible for third-party services (Stripe, AI providers)
• Fitness: No guarantee the Service is suitable for any particular purpose

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of profits, data, or goodwill
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater
• These limitations apply even if we have been advised of the possibility of such damages

13. Indemnification

You agree to defend, indemnify, and hold harmless Agentic AI Home and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third party rights
• Content you upload

14. Termination

By You

• You may stop using the Service at any time
• Cancel subscriptions through your Stripe account or by contacting us

By Us

We may terminate or suspend your access immediately, without notice, if:

• You breach these Terms
• We are required to do so by law
• We discontinue the Service

Effect of Termination

• Provisions that should survive will survive (liability, indemnification, IP rights)
• Termination for cause may result in forfeiture of purchases

15. Dispute Resolution

Informal Resolution

Before filing any claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve the issue within 30 days.

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Arbitration Agreement

Any dispute not resolved informally shall be resolved through binding arbitration, except:

• You may bring claims in small claims court if eligible
• Either party may seek injunctive relief in any court of competent jurisdiction

Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in class action lawsuits or class-wide arbitration.

16. Changes to Terms

• We may update these Terms at any time
• Material changes will be announced in-app with at least 7 days notice
• Continued use after changes constitutes acceptance
• If you disagree with changes, you must stop using the Service

17. Contact Us

For questions about these Terms:

• Email: [email protected]
• Response Time: Within 3 business days

Agentic AI Home
Operating as FitRate
United States