TERMS AND CONDITIONS - THE FITTING ROOM

Last Updated: October 29, 2025

1. Acceptance Of Terms

By accessing or using The Fitting Room ("Service", "Platform", "we", "us", or "our"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must immediately cease using the Service.

THIS IS A "TAKE-AS-IT-IS" SERVICE. BY USING THIS PLATFORM, YOU ACCEPT ALL RISKS ASSOCIATED WITH AI-GENERATED CONTENT AND VIRTUAL TRY-ON TECHNOLOGY.

1.1 Consumer vs. Business User Distinction

Consumer Users: Individuals using the Service for personal, non-commercial purposes.

Business Users/Brands: Companies, retailers, or brands integrating our widget or using the Service for commercial purposes.

Certain provisions of these Terms apply differently to consumers versus business users, as specifically noted throughout this document. Where local consumer protection laws provide rights that cannot be waived, those provisions apply to consumers only to the extent permitted by applicable law.

1.2 Enforceability and Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law in your jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

To the extent any limitation of liability, disclaimer, or waiver contained herein is prohibited by applicable consumer protection law, such provisions shall apply to the fullest extent permitted by law.

2. Service Description

The Fitting Room is an AI-powered virtual try-on platform that generates synthetic images showing how clothing items may appear on users. This service uses artificial intelligence and machine learning algorithms to create approximations and is NOT a guarantee of actual appearance, fit, or accuracy.

2.1 Service Deployment Models

The Service may be accessed through:

a) Direct Access: Via our website at the-fitting-room.app where these Terms are displayed and govern your use.

b) Widget/Plugin Integration: Via an embedded widget, plugin, or code snippet installed on third-party brand/retailer websites ("Host Website"). When you interact with The Fitting Room widget on a Host Website, you are using our Service and these Terms apply, even though you are not on our website.

2.2 Acceptance of Terms Via Widget Use

IMPORTANT: When you use The Fitting Room widget on a brand's website, you are entering into a direct agreement with The Fitting Room (not the brand). By clicking any button, uploading a photo, or otherwise interacting with our widget, you accept these Terms and Conditions in full. The Host Website operator is not a party to these Terms and is not responsible for our Service.

2.3 Link to Terms

The widget includes a link to these Terms. If you do not agree to these Terms, you must not use the widget, even if it appears on a third-party website you trust.

3. NO LIABILITY FOR AI-GENERATED CONTENT

3.1 General Disclaimer

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY AND ALL AI-GENERATED IMAGES, OUTPUTS, AND CONTENT PRODUCED BY THE PLATFORM. This includes, but is not limited to:

• Inaccurate representations of clothing items
• Distorted, unrealistic, or misleading body proportions
• Incorrect colors, patterns, textures, or materials
• Misrepresentation of fit, size, or draping
• Any offensive, inappropriate, or unexpected visual outputs
• Artifacts, glitches, or technical errors in generated images
• Fictional, imagined, or entirely fabricated visual elements
• Synthetic content that does not correspond to reality

3.2 No Guarantee of Accuracy or Realism

AI-GENERATED OUTPUTS ARE INHERENTLY SYNTHETIC, FICTIONAL, AND MAY BE ENTIRELY UNREALISTIC.

The AI-generated images are APPROXIMATIONS ONLY and should not be relied upon as accurate representations of:

• How clothing will actually look on you
• The true fit or size of garments
• Actual fabric appearance, texture, or quality
• Brand-accurate colors or patterns
• Real-world lighting conditions or material behavior
• Realistic human anatomy or proportions

CRITICAL: AI outputs are creative interpretations and may be fictional, imagined, or bear no resemblance to reality. We have NO obligation to ensure factual accuracy, realism, or truthfulness of AI-generated content. These outputs are artistic/computational approximations, not factual representations.

3.3 Technology Limitations and Synthetic Content Notice

MANDATORY SYNTHETIC CONTENT DISCLOSURE: All AI-generated images produced by this Service are SYNTHETIC and created by artificial intelligence. They are not photographs and do not depict actual reality. Users acknowledge that:

• AI technology is inherently imperfect and probabilistic
• Generated images may contain errors, distortions, or hallucinations
• The system may misinterpret uploaded photos or product images
• Results may vary significantly between attempts
• Technical limitations may produce unexpected or undesirable outputs
• AI may create entirely fictional or non-existent visual elements
• No factual accuracy is guaranteed or implied

YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING ON AI-GENERATED CONTENT FOR ANY PURPOSE.

4. NO LIABILITY FOR BRAND REPRESENTATION

4.1 Inaccurate Brand/Product Interpretation

WE ARE NOT LIABLE FOR ANY INACCURATE, DISTORTED, OR MISLEADING REPRESENTATION OF BRAND PRODUCTS, including but not limited to:

• Incorrect rendering of logos, trademarks, or brand identifiers
• Misrepresentation of product quality, materials, or craftsmanship
• Distorted colors that do not match actual product colors
• Incorrect patterns, prints, or design details
• Misrepresentation of garment construction or fit
• Any damage to brand reputation resulting from AI-generated images

4.2 Not an Endorsement

Generated images do NOT constitute:

• An official representation by the brand
• An endorsement of our Service by the brand
• A warranty or guarantee from the brand
• Approval or authorization by the brand

4.3 Brand Disclaimer

Brands and retailers acknowledge that:

• AI-generated images are beyond our direct control
• We make commercially reasonable efforts to ensure accuracy but cannot guarantee perfect representation
• Participation in the Platform constitutes acceptance of inherent AI limitations
• Any brand utilizing our Service does so at their own risk

5. INTELLECTUAL PROPERTY RIGHTS

5.1 User-Uploaded Content and Image Rights

CRITICAL REQUIREMENTS FOR PHOTO UPLOADS:

By uploading photos or images, you represent, warrant, and guarantee that:

a) Ownership and Rights:

• You own all rights to the uploaded content OR have obtained all necessary permissions, licenses, and consents
• Your content does not infringe on any third-party intellectual property, privacy, publicity, or other rights
• You have the legal authority to upload and grant licenses for this content

b) Consent of Depicted Persons (MANDATORY):

• You have obtained explicit, informed consent from EVERY person whose face, body, or likeness appears in any uploaded photo
• For minors (persons under 18), you have obtained verifiable parental or legal guardian consent
• All depicted persons have consented to:
  • Processing their image through AI technology
  • Generation of synthetic/modified images of their likeness
  • Use of their likeness in connection with the Service
  • Potential retention and processing of their image data

c) Waiver of Personality and Likeness Rights:

• All persons depicted in uploaded photos waive any claims for:
  • Misappropriation of name, image, or likeness
  • Violation of right of publicity
  • Violation of personality rights (Swiss Civil Code Art. 28)
  • Defamation or false light claims arising from AI-generated modifications
  • Emotional distress from AI processing of their image
• This waiver extends to synthetic/AI-modified versions of their likeness

d) License Grant:

• You grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, process, store, modify, display, and analyze your uploaded content solely for:
  • Providing the Service (AI try-on generation)
  • Training and improving AI models
  • Quality assurance and technical operations
  • Compliance with legal obligations

e) User Retention of Rights:

• You retain all ownership rights in your original uploaded photos
• We claim no ownership over your original content
• Our license is limited to the purposes stated above

5.1A Prohibition on Unauthorized Uploads

YOU MAY NOT UPLOAD:

• Photos of any person without their explicit consent
• Photos of minors without verifiable parental consent
• Photos obtained from the internet, social media, or other sources without proper rights
• Celebrity photos, stock photos, or professional photography without proper licensing
• Photos that violate anyone's privacy, publicity, or personality rights

VIOLATION OF THESE REQUIREMENTS MAY RESULT IN:

• Immediate account termination
• Deletion of all your content
• Legal liability for damages
• Criminal liability under applicable privacy/data protection laws

5.2 AI-Generated Content Ownership and Licensing

OWNERSHIP AND LIABILITY FOR AI-GENERATED IMAGES:

a) Platform Ownership:

• We own all rights to:
  • The Service itself, including all software, algorithms, and AI models
  • Our proprietary technology and trade secrets
  • Aggregated, anonymized data derived from Service usage
  • Statistical analytics and insights
  • The AI generation process and methodology

b) User License to AI Outputs:

• AI-generated images are provided to you under a non-exclusive, non-transferable, revocable license for:
  • Personal viewing and evaluation
  • Making personal purchase decisions
  • Sharing for personal, non-commercial purposes
• You do NOT own AI-generated images
• You may NOT:
  • Commercially exploit AI-generated images
  • Use them for training competing AI systems
  • Claim copyright in AI-generated outputs
  • Remove watermarks or attribution (if present)

c) No Warranty or Liability:

• Generated images are provided "as-is" without any warranties
• We accept no responsibility for how generated images are used
• Users use generated images at their own risk and liability
• We are not liable for any claims arising from AI outputs

d) Aggregated Data Rights:

• We retain perpetual rights to aggregated, anonymized usage data
• This includes patterns, trends, and statistical information
• Such data cannot be traced back to individual users
• We may use this data for:
  • Service improvement
  • Research and development
  • Business analytics
  • Marketing and promotional purposes

5.3 Brand Content

• All brand names, logos, product images, and trademarks remain the property of their respective owners
• We do not claim ownership of any brand intellectual property
• Brands grant us limited license to process their product images solely for Service functionality

6. USAGE LIMITATIONS AND SYSTEM CIRCUMVENTION

6.1 Fair Use Policy

The Service may implement usage limits (e.g., number of try-ons per day/week/month) for non-registered or free-tier users. These limits are subject to change without notice.

6.2 Circumvention Attempts

YOU ACKNOWLEDGE THAT:

• We implement reasonable technical measures to prevent system abuse
• Users may attempt to circumvent limitations through:
  • Deleting cookies
  • Using multiple browsers or devices
  • Using VPNs or proxy servers
  • Creating multiple accounts
  • Employing other technical evasion methods

6.3 Limitation of Tracking

WE EXPLICITLY STATE THAT:

• It is technically impossible to perfectly track non-logged-in users
• We cannot guarantee prevention of all circumvention attempts
• We make commercially reasonable efforts to detect and prevent abuse
• Users who circumvent limitations do so in violation of these Terms

6.4 Consequences of Violation

Users who circumvent usage limitations:

• Are in material breach of these Terms
• May have their access terminated without notice
• May be held liable for damages resulting from abuse
• Waive any claims against us for enforcement actions

BY USING THE SERVICE, YOU ACCEPT THAT PERFECT ENFORCEMENT IS IMPOSSIBLE AND AGREE NOT TO HOLD US LIABLE FOR INABILITY TO PREVENT ALL CIRCUMVENTION.

7. USER RESPONSIBILITIES AND PROHIBITED CONDUCT

7.1 Acceptable Use

Users agree NOT to:

• Upload photos of minors without proper parental consent
• Upload photos of third parties without their explicit consent
• Use the Service for illegal, fraudulent, or deceptive purposes
• Attempt to reverse-engineer, decompile, or hack the Service
• Use automated tools (bots, scrapers) to access the Service
• Impersonate others or misrepresent your identity
• Upload offensive, illegal, or inappropriate content
• Commercially exploit generated images without proper rights
• Violate anyone's privacy, publicity, or personality rights
• Upload content that infringes intellectual property rights
• Use the Service to generate defamatory or harmful content
• Circumvent usage limitations or access controls

7.2 Photo Upload Standards and Content Moderation

You acknowledge that:

• Photo quality significantly affects output quality
• We are not responsible for poor results from low-quality inputs
• Inappropriate or problematic uploads may result in immediate termination

PROHIBITED CONTENT - You may NOT upload:

• Child sexual abuse material (CSAM) or content sexualizing minors
• Non-consensual intimate images
• Content depicting violence, gore, or illegal activities
• Hate speech, discriminatory, or extremist content
• Content that violates any person's rights
• Malware, viruses, or malicious code
• Spam or commercial solicitations
• Content that violates any applicable law

7.3 Our Content Moderation Rights

WE RESERVE THE RIGHT TO:

• Monitor uploaded content (automated and manual review)
• Block, delete, or refuse to process any uploaded content
• Remove any AI-generated outputs
• Suspend or terminate accounts for violations
• Report illegal content to law enforcement
• Cooperate with regulatory investigations
• Implement automated content filtering
• Use AI and human moderators to review content

IMPORTANT: We have no obligation to monitor content but reserve the right to do so. We are not liable for user-uploaded content but will act to remove unlawful material when identified.

7.4 Reporting Violations

If you encounter content that violates these Terms, report it to: concierge@the-fitting-room.app

We will investigate and take appropriate action, which may include:

• Content removal
• Account suspension or termination
• Reporting to authorities
• Preserving evidence for legal proceedings

8. PRIVACY AND DATA PROTECTION (GDPR/DSG COMPLIANCE)

8.1 Data Controller and Processor Roles

The Fitting Room as Data Controller: For data processed in connection with the Service provided directly to end users (you), we act as the Data Controller under GDPR/Swiss DSG.

Controller Details:

• Entity: The Fitting Room [Polychrome Sàrl]
• Address: Polychrome - 20, rue Joseph Girard - 1227 Carouge - Switzerland, Basel-Stadt, Switzerland
• Contact: concierge@the-fitting-room.app
• Data Protection Officer (if applicable): concierge@the-fitting-room.app

For Brand/Widget Integrations: When brands integrate our widget on their websites:

• The Brand is the Data Controller for data collected through their website
• The Fitting Room acts as a Data Processor on behalf of the brand
• A separate Data Processing Agreement (DPA) governs this relationship

EU Representative (GDPR Art. 27): For users in the European Union, our designated EU representative is:

• Name: Vincent Ghilione
• Address: 20, rue Joseph Girard, 1227 Carouge, Switzerland
• Email: concierge@the-fitting-room.app

8.2 Lawful Basis for Processing

We process your personal data based on the following lawful bases (GDPR Art. 6):

a) Consent (Art. 6(1)(a)):

• Processing uploaded photos for AI try-on generation
• Using images to train AI models
• Marketing communications (if opted in)

b) Contract Performance (Art. 6(1)(b)):

• Providing the virtual try-on Service
• Managing your account
• Processing transactions

c) Legitimate Interests (Art. 6(1)(f)):

• Fraud prevention and security
• Service improvement and analytics
• Technical operations and debugging

d) Legal Obligation (Art. 6(1)(c)):

• Compliance with law enforcement requests
• Tax and accounting obligations
• Regulatory compliance

Special Category Data (Biometric - GDPR Art. 9): Uploaded photos may contain biometric data (facial recognition). We process this data only with your explicit consent (Art. 9(2)(a)) for the sole purpose of AI try-on generation.

8.3 Data We Collect

Personal Data Collected:

• Account Information: Name, email, password (hashed)
• Uploaded Photos: Images you upload (may include biometric data)
• Usage Data: Interactions with Service, try-on history
• Technical Data: IP address, browser type, device information
• Location Data: Approximate location from IP (if permitted)
• Payment Data: Processed by third-party processors (Stripe) - we store minimal transaction IDs only

Automated Decision-Making: The Service uses AI for automated processing of your photos. You have the right to object to automated decision-making under GDPR Art. 22.

8.4 How We Use Your Data

Your data is used for:

• Providing AI try-on functionality
• Creating and managing your account
• Improving AI models and Service quality
• Fraud prevention and security
• Analytics and aggregated statistics
• Communicating with you (service updates, support)
• Legal compliance
• Marketing (only with consent)

AI Model Training: Uploaded photos may be used to train and improve our AI models. This is disclosed clearly during upload and requires your consent. You may withdraw consent, but past training cannot be reversed.

8.5 Data Sharing and Subprocessors

We share data with:

Subprocessors (Third-Party Service Providers):

• Laravel Forge - Cloud hosting and storage
• AWS - Cloud hosting and storage
• Google (Gemini) - AI model processing
• Stripe - Payment processing
• Bunny - CDN and security

Data Transfers Outside CH/EU: Some subprocessors are located outside Switzerland/EU. We ensure adequate protection through:

• Standard Contractual Clauses (SCCs) - GDPR Art. 46
• Adequacy decisions (where available)
• Additional safeguards as required by law

We do NOT:

• Sell your personal data
• Share data for third-party marketing without consent
• Transfer data without appropriate safeguards

8.6 Data Retention and Deletion

Retention Periods:

• Uploaded Photos: Retained for 24 hours after last use, then automatically deleted
• Account Data: Retained while account is active + 30 days after deletion request
• AI-Generated Outputs: 24 hours after generation
• Usage Analytics: Anonymized and retained indefinitely
• Legal/Compliance Data: Retained as required by law (typically 5-10 years)
• Backups: May persist in backups for 90 days, then permanently deleted

Anonymization: After retention periods, personal data is either:

• Permanently deleted (secure deletion protocols)
• Anonymized such that it can no longer identify you

Your Right to Deletion: You may request deletion of your data at any time (see Section 8.10).

8.7 Data Security

We implement commercially reasonable security measures:

• Encryption in transit (TLS/SSL)
• Encryption at rest for sensitive data
• Access controls and authentication
• Regular security assessments
• Secure deletion protocols
• Employee confidentiality obligations

HOWEVER: No system is 100% secure. We cannot guarantee absolute security. You acknowledge that:

• Data breaches are possible despite security measures
• Internet transmission carries inherent risks
• You use the Service at your own risk regarding security

8.8 Your Rights Under GDPR/DSG

You have the following data protection rights:

a) Right of Access (Art. 15): Request a copy of your personal data we hold

b) Right to Rectification (Art. 16): Correct inaccurate or incomplete data

c) Right to Erasure / "Right to be Forgotten" (Art. 17): Request deletion of your data (subject to legal retention requirements)

d) Right to Restriction (Art. 18): Restrict processing under certain circumstances

e) Right to Data Portability (Art. 20): Receive your data in machine-readable format

f) Right to Object (Art. 21): Object to processing based on legitimate interests

g) Right to Withdraw Consent: Withdraw consent for photo processing at any time (does not affect past processing)

h) Right to Lodge a Complaint: File a complaint with supervisory authority:

• Switzerland: Federal Data Protection and Information Commissioner (FDPIC) - www.edoeb.admin.ch
• EU: Your local Data Protection Authority

To Exercise Your Rights: Contact us at: concierge@the-fitting-room.app

We will respond within 30 days (extendable by 60 days for complex requests).

8.9 Cookies and Tracking

We use cookies and similar technologies for:

• Essential functionality (required)
• Analytics and performance (consent required)
• Personalization (consent required)

Cookie Policy: Full details at https://the-fitting-room.app/privacy-policy

You can control cookies through your browser settings, but disabling essential cookies may affect Service functionality.

8.10 Widget Integration and Brand Data Processing

When our widget is embedded on a brand's website:

Brand Responsibilities (as Data Controller):

• Display clear consent banner before widget activation
• Link to both their Privacy Policy AND ours
• Obtain user consent for data processing
• Inform users that data is shared with The Fitting Room
• Comply with GDPR/DSG requirements

Our Role (as Data Processor):

• Process data only on brand's instructions
• Maintain appropriate security measures
• Assist with data subject requests
• Notify brand of data breaches
• Delete/return data upon termination

Data Processing Agreement (DPA): Brands must sign our DPA before widget integration, incorporating:

• Standard Contractual Clauses (if applicable)
• Data security obligations
• Subprocessor provisions
• Breach notification procedures
• Liability allocation

DPA available at: contact concierge@the-fitting-room.app

8.11 International Data Transfers

Data Storage Locations:

• Primary: Switzerland / EU
• Backups: Switzerland / EU
• Processing: May occur globally through subprocessors

Transfer Safeguards:

• Standard Contractual Clauses (SCCs)
• Swiss-U.S. Data Privacy Framework (if applicable)
• EU Adequacy Decisions
• Additional encryption and security measures

8.12 Children's Privacy

We do not knowingly collect data from children under 13 (or applicable age in your jurisdiction) without verifiable parental consent. If we discover unauthorized collection, we will delete such data immediately.

Parents may contact concierge@the-fitting-room.app to:

• Review data collected from their child
• Request deletion
• Refuse further collection

8.13 Changes to Privacy Practices

We may update our data processing practices. Material changes will be communicated via:

• Email notification (if you have an account)
• Prominent website notice
• Updated "Last Modified" date

Continued use after changes constitutes acceptance.

8.14 Data Protection Contact

For all privacy/data protection inquiries:

• Email: concierge@the-fitting-room.app
• Address: Polychrome - 20, rue Joseph Girard - 1227 Carouge - Switzerland

Supervisory Authority: Federal Data Protection and Information Commissioner (FDPIC) Feldeggweg 1, CH-3003 Bern, Switzerland www.edoeb.admin.ch

FULL PRIVACY POLICY:

This section provides a summary. Our complete Privacy Policy, available at https://the-fitting-room.app/privacy-policy, forms part of these Terms by reference and contains additional details on data processing.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 "AS-IS" Service and No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Uninterrupted or error-free operation
• Security or freedom from viruses/malware
• Compatibility with your systems or other software
• Meeting your specific requirements

9.1A Third-Party Service Dependencies and Upstream Failures

CRITICAL DISCLAIMER - We are NOT liable for failures, outages, or issues caused by third-party services we depend upon, including but not limited to:

Upstream AI Providers:

• Google Gemini API failures, rate limits, or service changes
• Anthropic Claude API disruptions
• OpenAI or other AI model provider outages
• Changes to AI model capabilities or availability
• AI provider policy changes affecting our Service

Cloud Infrastructure:

• Amazon Web Services (AWS) outages
• Google Cloud Platform (GCP) disruptions
• Microsoft Azure failures
• Any cloud hosting provider downtime

Content Delivery & Security:

• Cloudflare CDN outages
• DDoS attacks affecting our infrastructure
• SSL/TLS certificate issues
• DNS propagation delays

Payment Processing:

• Stripe payment gateway failures
• Credit card processing errors
• Bank or financial institution issues
• Payment fraud detection blocking legitimate transactions

Storage & Databases:

• Amazon S3 storage outages
• Database provider failures
• Data synchronization delays
• Backup/restore system issues

Communication Services:

• Email delivery failures (SendGrid, AWS SES, etc.)
• SMS notification services
• Push notification systems

Authentication & Identity:

• OAuth provider outages (Google, Apple, Facebook login)
• Two-factor authentication service disruptions

Monitoring & Analytics:

• Analytics platform outages
• Monitoring system failures
• Log aggregation service issues

ANY OTHER THIRD-PARTY DEPENDENCY not explicitly listed above.

YOU ACKNOWLEDGE:

• We have no control over third-party services
• Upstream failures may cause Service disruption
• We are not responsible for third-party actions or omissions
• Third-party services may change their terms, pricing, or APIs
• We may need to modify or discontinue features due to third-party changes

9.1B Service Level and Availability Disclaimer

WE MAKE NO SERVICE LEVEL COMMITMENTS OR GUARANTEES:

No Uptime SLA:

• We do not guarantee any specific uptime percentage (e.g., 99.9%)
• Service may be unavailable at any time, for any duration
• Scheduled and unscheduled maintenance may occur

No Performance SLA:

• No guaranteed response times for AI generation
• No guaranteed processing speed
• Latency may vary significantly
• Performance may degrade under high load

No Recovery Time Objective (RTO):

• We do not guarantee service restoration within any timeframe
• Outages may last hours, days, or longer
• No compensation for downtime

No Data Loss Prevention Guarantee:

• While we implement backups, data loss is possible
• No guarantee of successful data recovery
• You are responsible for maintaining your own backups

No Capacity Guarantee:

• Service capacity may be insufficient during peak usage
• We may implement rate limiting or throttling
• Access may be restricted during high demand

FOR FREE USERS: Absolutely no service level commitments of any kind.

FOR PAID USERS: Service level commitments (if any) are specified in separate SLA documents only. Absence of a specific SLA means no guarantees apply.

9.2 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED:

• For free users: ZERO ($0)
• For paid users: The amount you paid in the 12 months preceding the claim

9.3 Exclusion of Consequential Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Emotional distress or reputational harm
• Damages resulting from reliance on AI-generated content
• Any damages exceeding the liability cap stated above

9.4 Third-Party Claims

WE ARE NOT LIABLE FOR:

• Claims by brands regarding misrepresentation of their products
• Claims by third parties appearing in uploaded photos
• Intellectual property infringement claims arising from user-uploaded content
• Any disputes between users and brands/retailers

10. INDEMNIFICATION

10.1 User Indemnification Obligations

You agree to indemnify, defend, and hold harmless The Fitting Room, its affiliates, officers, directors, employees, agents, partners, subprocessors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

Content-Related Claims:

• Your uploaded content (photos, images, data)
• Your violation of any third-party rights (privacy, publicity, intellectual property)
• Claims by persons depicted in your uploaded photos
• Defamation, libel, or false light claims arising from your uploads
• Misappropriation of name, image, or likeness claims
• Personality rights violations (Swiss Civil Code Art. 28)
• Lack of consent from depicted persons

Service Usage Claims:

• Your use or misuse of the Service
• Your violation of these Terms
• Any claims regarding AI-generated images you create or distribute
• Any circumvention of usage limitations or access controls
• Any misrepresentation or fraud
• Unauthorized commercial exploitation of Service outputs

Data Protection and Regulatory Claims:

• GDPR/DSG violations arising from your data processing activities
• Regulatory fines or penalties imposed due to your actions
• Data protection authority investigations triggered by your conduct
• Privacy law violations (CCPA, PIPEDA, etc.)
• Failure to obtain proper consents
• Unlawful data transfers or processing
• Breach of data subject rights

AI and Technology Claims:

• Claims that AI outputs you created/distributed violate laws or rights
• Misuse of AI-generated content
• Claims arising from your reliance on AI outputs
• Technology misuse or abuse

Financial and Commercial Claims:

• Payment disputes or chargebacks
• Fraud or financial misconduct
• Commercial disputes with brands or other users

Third-Party Claims:

• Any third-party claims related to your use of the Service
• Claims by brands, users, or other parties arising from your conduct

10.2 Brand/Business User Additional Indemnification

Brands and business users additionally agree to indemnify us for:

Widget Integration Claims:

• Claims arising from integration-related website problems
• Customer complaints about website dysfunction caused by widget integration
• Lost sales or revenue attributed to integration issues
• Third-party claims related to website disruption
• Any costs incurred defending against integration-related claims

Brand Content Claims:

• Copyright or trademark infringement related to brand products
• Claims arising from inaccurate AI representation of brand products
• Product liability claims
• False advertising or misrepresentation claims
• Any losses resulting from brand participation in Service

Brand Data Processing Claims:

• GDPR/DSG violations arising from brand's role as Data Controller
• Failure to obtain proper user consents on brand website
• Regulatory fines imposed on brand for data violations
• Data breach claims arising from brand's infrastructure
• Failure to implement proper privacy notices

10.3 Indemnification Procedures

If an indemnifiable claim arises:

1. We will provide you prompt written notice
2. You will assume full control and expense of the defense
3. We may participate in defense at our own expense
4. You will not settle without our written consent
5. We reserve the right to assume defense if you fail to act

Your indemnification obligations:

• Include all reasonable attorneys' fees and legal costs
• Cover regulatory fines, penalties, and sanctions
• Include investigation and compliance costs
• Cover settlements and judgments
• Survive termination of these Terms

10.4 No Indemnification Limitation

Your indemnification obligations are NOT subject to:

• The liability caps in Section 9.2
• Time limitations
• Monetary limits
• Geographic restrictions

This means: Even if our liability to you is capped at $0 or minimal amounts, your obligation to indemnify us has no cap.

11. WIDGET/PLUGIN INTEGRATION AND TECHNICAL DEPLOYMENT

11.1 Widget Code Injection

BY INSTALLING OUR WIDGET, PLUGIN, OR CODE SNIPPET ON THEIR WEBSITE, BRANDS ACKNOWLEDGE AND AGREE THAT:

The Fitting Room provides code (JavaScript, iFrames, APIs, SDKs, or other technical components) that is injected into and executed on the brand's website. This code integration carries inherent technical risks.

11.2 No Liability for Website Disruption

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY DISRUPTION, MALFUNCTION, INCOMPATIBILITY, OR DAMAGE TO BRAND WEBSITES OR FUNCTIONALITY CAUSED BY OUR WIDGET/PLUGIN/CODE, INCLUDING BUT NOT LIMITED TO:

• Website crashes, slowdowns, or downtime
• Broken functionality or features on the Host Website
• Conflicts with existing JavaScript, CSS, or other code
• Incompatibility with the brand's content management system (CMS), e-commerce platform, or other software
• Layout disruption, visual glitches, or styling conflicts
• Performance degradation or page load issues
• Security vulnerabilities introduced by integration
• Data loss or corruption
• SEO impact or search ranking changes
• Accessibility issues or compliance violations
• Mobile responsiveness problems
• Browser compatibility issues
• Third-party plugin/extension conflicts
• Payment processing disruptions
• Shopping cart or checkout failures
• Analytics or tracking interference
• Any other technical issues arising from code integration

11.3 Brand Testing Responsibility

IT IS EXCLUSIVELY THE BRAND'S RESPONSIBILITY TO:

• Thoroughly test our widget/plugin in a staging/development environment before deploying to production
• Verify compatibility with their existing technology stack
• Test across all browsers, devices, and screen sizes they support
• Ensure no conflicts with existing code or functionality
• Monitor performance and user experience after deployment
• Maintain backups before installation
• Have technical expertise or hire qualified developers for integration
• Test updates to our widget before applying them to production
• Conduct security assessments if required by their policies
• Verify continued functionality after any changes to their website

WE PROVIDE THE CODE "AS-IS" AND BRANDS ASSUME ALL RISKS OF INTEGRATION.

11.4 Best Efforts, Not Guarantees

While we make commercially reasonable efforts to:

• Provide stable, well-tested code
• Minimize conflicts with common platforms
• Document integration requirements
• Provide technical support for integration issues
• Release updates and bug fixes

WE DO NOT GUARANTEE:

• Compatibility with any specific platform, CMS, or technology stack
• Zero conflicts with existing code
• Perfect functionality in all environments
• No impact on website performance
• Timely resolution of integration issues
• Support for custom or heavily modified websites

11.5 Integration Support Limitations

Technical support for widget integration is provided on a best-efforts basis and may be subject to:

• Response time limitations
• Availability of qualified support staff
• Complexity of the brand's technical environment
• Whether the brand has followed our integration documentation
• Whether the issue is caused by our code or the brand's environment

WE RESERVE THE RIGHT TO:

• Decline support for highly customized or non-standard implementations
• Charge fees for extensive integration assistance
• Discontinue support for outdated platforms or browsers
• Require brands to update their technology to maintain compatibility

11.6 Updates and Breaking Changes

WE RESERVE THE RIGHT TO:

• Update, modify, or replace our widget/plugin code at any time
• Make breaking changes that require brands to update their integration
• Deprecate old versions with reasonable notice
• Change API endpoints, data formats, or authentication methods

BRANDS ACKNOWLEDGE THAT:

• They are responsible for monitoring update notifications
• Failure to update may result in widget malfunction or discontinuation
• We are not liable for issues caused by running outdated widget versions
• Updates may require retesting in their environment

11.7 Code Ownership and Modification

BRANDS AGREE THAT:

• Our widget/plugin code remains our intellectual property
• They receive a limited license to execute our code on their website
• They will not reverse engineer, modify, or tamper with our code
• They will not remove copyright notices, attribution, or licensing information
• Unauthorized modifications void all warranties and support
• We may revoke the license at any time for violations

11.8 Third-Party Dependencies

Our widget may rely on third-party services, libraries, or APIs (e.g., CDNs, cloud services, AI providers). BRANDS ACKNOWLEDGE:

• We are not liable for failures of third-party dependencies
• Third-party service disruptions may affect widget functionality
• We may change third-party providers without notice
• Brands must comply with third-party service terms if applicable

11.9 Security Considerations

BRANDS ARE RESPONSIBLE FOR:

• Evaluating security implications of installing third-party code on their website
• Implementing appropriate security measures (CSP, sandboxing, etc.)
• Monitoring for security vulnerabilities
• Promptly applying security updates we release
• Informing us of any discovered security issues

WE DISCLAIM LIABILITY FOR:

• Security vulnerabilities in the brand's website infrastructure
• Attacks or exploits targeting the brand's website
• Data breaches resulting from the brand's security practices
• Interactions between our code and insecure brand code

11.10 Performance and Resource Usage

Our widget consumes computational resources (CPU, memory, bandwidth) on the brand's servers and the end user's device. BRANDS ACKNOWLEDGE:

• Our widget may impact page load times and performance
• Resource usage may vary based on usage patterns and traffic
• We are not liable for hosting costs or bandwidth overages
• Brands must ensure adequate server capacity for the widget

11.11 Data Collection Through Widget

When our widget is embedded on brand websites:

• We may collect user data through the widget (photos, interactions, analytics)
• Brands must ensure their privacy policy discloses third-party data collection
• Brands must obtain necessary user consents (GDPR, CCPA, etc.)
• We are not responsible for the brand's privacy compliance
• Brands should link to our Privacy Policy from their website

11.12 Removal and Termination

BRANDS MAY:

• Remove our widget at any time by deleting the code
• Disable widget functionality through their control panel (if provided)
• Request technical assistance with removal

WE MAY:

• Remotely disable or terminate widget functionality for any brand
• Require removal of our code for Terms violations
• Discontinue service to specific brands without notice or refund

UPON REMOVAL:

• All widget functionality ceases immediately
• We are not responsible for any residual code or data
• Brands remain liable for any prior Terms violations

11.13 Cross-Origin and Same-Site Considerations

Our widget operates across different domains (brand's website + our servers). TECHNICAL IMPLICATIONS:

• Cross-origin resource sharing (CORS) policies apply
• Browser security restrictions may affect functionality
• Third-party cookie restrictions may impact tracking
• Brands must not implement policies that break widget functionality

WE ARE NOT LIABLE FOR:

• Browser restrictions on cross-origin communication
• Cookie blocking by browsers or extensions
• Limitations imposed by privacy-focused browsers
• Same-site cookie policy changes

11.14 Widget Customization and Branding

If we offer customization options (colors, branding, placement):

• Brands are responsible for testing customizations
• Custom configurations may have additional limitations
• We are not liable for visual issues from customization
• Extensive customization may void standard support

11.15 Indemnification for Integration Issues

BRANDS AGREE TO INDEMNIFY US FOR:

• Claims arising from integration-related website problems
• Customer complaints about website dysfunction caused by our widget
• Lost sales or revenue attributed to integration issues
• Third-party claims related to website disruption
• Any costs incurred defending against integration-related claims

11.16 No Guarantee of Uptime or Availability

Even when properly integrated:

• Our widget may experience downtime
• Functionality may degrade during high traffic
• We may perform maintenance without notice
• Service may be temporarily unavailable

BRANDS ACCEPT THESE LIMITATIONS AND WILL NOT HOLD US LIABLE FOR WIDGET UNAVAILABILITY.

12. BRAND-SPECIFIC TERMS

12.1 Brand Participation and Widget Installation

Brands participating in The Fitting Room by installing our widget/plugin acknowledge and agree that:

• AI representation is imperfect and may not accurately reflect their products
• They assume all risks of potential misrepresentation
• They assume all technical risks of widget integration on their website
• They release us from liability for any damage to brand reputation, lost sales, or website disruption
• They are responsible for ensuring they have rights to all product images provided
• They are responsible for testing the widget before production deployment
• They will not hold us liable for copyright infringement claims related to their products
• They will not hold us liable for any technical issues, conflicts, or malfunctions caused by the widget

12.2 Brand Warranties

Brands represent and warrant that:

• They have authority to list their products on the Platform
• All product images and descriptions are accurate and non-infringing
• They have obtained all necessary rights and licenses
• They will not make claims against us for AI-generated misrepresentations
• They have technical capability or expertise to properly integrate the widget
• They will test the widget before production deployment
• They accept responsibility for any website issues caused by widget integration

12.3 Brand Indemnification

Brands agree to indemnify us against:

• Copyright or trademark infringement claims related to their products
• Claims arising from inaccurate AI representation of their products
• Any losses resulting from their participation in the Service
• Claims arising from website disruption, malfunction, or technical issues caused by widget integration
• Customer complaints or losses related to website problems allegedly caused by our widget
• Any costs incurred defending against integration-related claims

13. DISPUTE RESOLUTION

13.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, specifically the Canton of Basel-Stadt, without regard to conflict of law principles.

Competent Courts:

• Primary Jurisdiction: Courts of Basel-Stadt, Switzerland
• Exclusive Jurisdiction: For all disputes arising from or related to these Terms, the courts of Basel-Stadt shall have exclusive jurisdiction

Language: These Terms are executed in English. In case of translation, the English version prevails.

13.2 Arbitration Agreement (Business Users Only)

IMPORTANT: This Section 13.2 applies ONLY to Business Users/Brands, NOT to Consumer Users.

Consumer Users: If you are a consumer using the Service for personal, non-commercial purposes, you are NOT bound by the arbitration agreement below. Consumers may bring disputes in the competent courts of Basel-Stadt or their local consumer protection courts as permitted by law.

Business Users/Brands: If you are using the Service for commercial purposes or have integrated our widget:

ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION, except where prohibited by law.

Arbitration Rules:

• Administered by: Swiss Chambers' Arbitration Institution
• Seat of Arbitration: Basel-Stadt, Switzerland
• Language: English
• Number of Arbitrators: One (1) arbitrator
• Applicable Rules: Swiss Rules of International Arbitration

Business Users Waive:

• Right to participate in class action lawsuits
• Right to trial by jury
• Right to court proceedings (except for arbitration enforcement)
• Right to appeal (arbitration awards are final and binding)

13.3 Informal Resolution

Before initiating arbitration or court proceedings, parties agree to attempt informal resolution by contacting us at concierge@the-fitting-room.app with a detailed description of the dispute for good-faith negotiation over 30 days.

14. MODIFICATIONS TO TERMS

14.1 Right to Modify

We reserve the right to modify these Terms at any time, with or without notice. Changes become effective immediately upon posting.

14.2 Continued Use

Your continued use of the Service after modifications constitutes acceptance of the updated Terms.

14.3 Material Changes

For material changes affecting your rights, we will make reasonable efforts to provide notice through:

• Email notification (if you have an account)
• Prominent notice on the Platform
• Pop-up notification upon next login

14A. PAYMENTS, CREDITS, AND REFUNDS

14A.1 Payment Terms

Payment Processing:

• All payments are processed through Stripe or other third-party payment processors
• We do not store complete credit card information
• You authorize us to charge your payment method for applicable fees
• Prices are in Euro unless otherwise stated

Payment Information:

• You must provide accurate, complete payment information
• You must update payment information promptly if it changes
• You authorize us to charge your payment method automatically for recurring subscriptions

14A.2 Subscriptions and Recurring Payments

Auto-Renewal:

• Subscriptions automatically renew at the end of each billing period
• You will be charged the then-current rate unless you cancel
• Renewal charges occur automatically without additional authorization

Cancellation:

• You may cancel subscriptions at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No partial refunds for unused time in the current period

Price Changes:

• We may change subscription prices with 30 days' notice
• Continued use after price change constitutes acceptance
• You may cancel before the price change takes effect

14A.3 Credits and Virtual Currency

If the Service uses credits, tokens, or virtual currency:

Purchase and Use:

• Credits are purchased through your account
• Credits can be used for Service features as specified
• Credits have no cash value and cannot be redeemed for money

Expiration:

• Credits do not expire after purchase

No Transferability:

• Credits cannot be transferred to other users
• Credits cannot be sold or exchanged outside the Service
• Account sharing to use credits is prohibited

Forfeiture:

• Credits are forfeited upon account termination or suspension
• No refund for unused credits after termination
• Credits associated with fraudulent activity are forfeited immediately

14A.4 Refund Policy - NO REFUNDS

GENERAL NO-REFUND POLICY:

We do NOT provide refunds for:

• Subscription fees (monthly, annual, or otherwise)
• Credit purchases or unused credits
• Fees for completed try-ons or Services already rendered
• Dissatisfaction with AI-generated outputs
• Technical issues or Service disruptions
• Failure to use the Service during your subscription period
• Account termination for Terms violations
• Expired credits or expired subscriptions

No Exceptions:

• Refunds are not provided even if:
  • You didn't use the Service
  • Results weren't what you expected
  • Technical issues prevented full use
  • You changed your mind
  • You found an alternative service

Chargeback Prevention:

• Initiating chargebacks or payment disputes for valid charges may result in:
  • Immediate account termination
  • Forfeiture of all credits and access
  • Collection actions for owed amounts plus costs
  • Ban from future Service use

Exceptions (Rare): Refunds may be considered ONLY in cases of:

• Duplicate charges due to clear processing error (refund of duplicate only)
• Unauthorized charges if reported within 48 hours with evidence
• Legal requirements in your jurisdiction mandating refunds

To Request Exception Review: Contact concierge@the-fitting-room.app with:

• Account information
• Transaction details
• Explanation of qualifying circumstance
• Supporting documentation

Discretion: All refund exception decisions are at our sole discretion.

14A.5 Payment Errors and Disputes

Failed Payments:

• Failed payments may result in service suspension
• You are responsible for payment failures
• We may retry failed payments automatically
• Accounts with outstanding balances may be terminated

Disputed Charges:

• Contact us FIRST before initiating chargebacks: concierge@the-fitting-room.app
• We will investigate disputes in good faith
• Unjustified chargebacks may result in account termination

Collection:

• Unpaid amounts may be sent to collections
• You are responsible for collection costs and legal fees
• Outstanding balances incur interest as permitted by law

14A.6 Free Tier and Promotional Credits

Free Tier:

• Free accounts receive limited Service access
• No service level commitments for free users
• We may discontinue free tier at any time
• Free users may be subject to advertising

Promotional Credits:

• Promotional credits may have separate terms and expiration dates
• Promotional credits expire before purchased credits
• Promotional credits cannot be combined with certain offers
• We may revoke promotional credits for abuse or violations

14A.7 Taxes

Your Responsibility:

• You are responsible for all applicable taxes
• Prices may not include VAT, GST, sales tax, or other taxes
• We will collect applicable taxes where required by law
• International users may be subject to currency conversion fees

Tax Information:

• Provide accurate tax information (VAT ID, etc.) if applicable
• Tax rates and requirements may change
• Consult your tax advisor regarding tax obligations

15. TERMINATION AND SERVICE DISCONTINUATION

15.1 Termination by Us

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

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Abuse of the Service or circumvention attempts
• Non-payment of fees
• Any reason or no reason (for free users)
• Any reason with notice (for paid users)

15.2 Right to Suspend or Discontinue Service

IMPORTANT: We reserve the absolute right to:

Suspend Service:

• Temporarily suspend all or part of the Service at any time
• Suspend access for specific users, regions, or features
• Suspend during maintenance, updates, or investigations
• Suspend due to security concerns or legal requirements
• Suspend without prior notice if necessary

Discontinue Service:

• Permanently discontinue the Service entirely
• Discontinue specific features or functionality
• Discontinue support for certain platforms, browsers, or devices
• Discontinue widget availability for specific regions or industries
• Discontinue free tier or specific pricing plans

Notice and Refunds:

• For complete Service discontinuation: We will provide reasonable notice (typically 30-90 days) to paid users
• For feature/functionality discontinuation: Notice may be provided but is not required
• For free users: No notice required for discontinuation
• Refunds: No refunds for discontinuation except as required by law
• Pro-rata refunds: For complete Service shutdown, paid users may receive pro-rata refunds for unused subscription time at our discretion

No Liability: We are NOT liable for any damages, losses, or consequences arising from:

• Service suspension or discontinuation
• Feature removal or changes
• Migration costs to alternative services
• Loss of data or content
• Business disruption
• Lost profits or opportunities

Your Responsibilities Upon Discontinuation:

• Export your data before discontinuation date
• Migrate to alternative services
• We are not responsible for data export or migration assistance
• Discontinued services may delete all data after shutdown

15.3 Termination by You

You may stop using the Service at any time. Account deletion requests can be submitted to concierge@the-fitting-room.app.

Upon Your Termination:

• Access ceases immediately or at end of billing period
• No refunds for unused time or credits
• Data retention follows our Privacy Policy
• You remain liable for any unpaid fees

15.4 Effects of Termination

Upon termination by either party:

• Your right to use the Service ceases immediately
• We may delete your data (subject to legal retention requirements and Privacy Policy)
• You remain liable for any fees incurred before termination
• All accrued payment obligations survive termination
• You forfeit any unused credits or subscription time
• Sections regarding liability limitations, indemnification, dispute resolution, and intellectual property survive termination

16. SPECIFIC RISK ACKNOWLEDGMENTS

By using The Fitting Room, you explicitly acknowledge and accept the following risks:

16.1 Technical Risks

• ✓ AI-generated images may be inaccurate, distorted, or misleading
• ✓ System errors may produce unexpected or offensive outputs
• ✓ Service may be unavailable due to maintenance or technical issues
• ✓ Data may be lost due to technical failures

16.2 Commercial Risks

• ✓ Virtual try-ons do not guarantee actual fit or appearance
• ✓ Purchases based on AI-generated images are at your own risk
• ✓ We provide no warranties regarding product suitability

16.3 Privacy Risks

• ✓ Uploaded photos may be used to train AI models
• ✓ Data breaches are possible despite security measures
• ✓ Complete anonymity cannot be guaranteed for non-logged-in users

16.4 Legal Risks

• ✓ Generated images may unintentionally infringe third-party rights
• ✓ Brands may object to AI representations of their products
• ✓ Misuse of generated images may result in legal liability

16.5 Integration Risks (For Brands)

• ✓ Widget code may cause website disruption, conflicts, or malfunctions
• ✓ Integration may impact website performance, speed, or functionality
• ✓ Updates to the widget may require retesting and may introduce breaking changes
• ✓ Third-party dependencies may fail or become unavailable
• ✓ Cross-origin and browser restrictions may affect widget functionality

YOU ACCEPT ALL OF THESE RISKS BY USING THE SERVICE.

17. MISCELLANEOUS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and The Fitting Room regarding the Service.

17.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

17.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

We may assign these Terms without your consent. You may not assign your rights without our written consent.

17.5 No Agency

Nothing in these Terms creates a partnership, joint venture, or agency relationship.

17.6 Force Majeure

We are not liable for failures or delays in performance due to circumstances beyond our reasonable control, including but not limited to:

Natural Disasters:

• Acts of God, earthquakes, floods, fires, storms
• Extreme weather events
• Natural catastrophes

Public Health Events:

• Epidemics, pandemics, or public health emergencies
• Quarantines or government-imposed lockdowns
• Health and safety restrictions

Governmental and Regulatory Actions:

• New laws, regulations, or regulatory requirements
• Government orders, embargoes, or sanctions
• Regulatory investigations or enforcement actions
• Changes in AI regulations or data protection laws
• Court orders or legal proceedings

Infrastructure and Technology Failures:

• Internet service provider failures
• Telecommunications outages
• Power outages or electrical grid failures
• Data center failures
• Network infrastructure disruptions

Third-Party Service Provider Issues:

• Cloud hosting provider outages (AWS, GCP, Azure)
• Upstream AI API failures or changes (Gemini, Claude, GPT)
• AI model provider policy changes or discontinuations
• CDN provider outages (Cloudflare, etc.)
• Payment processor disruptions
• Any subprocessor or vendor failure

Cybersecurity Events:

• Cyberattacks, DDoS attacks, hacking attempts
• Malware, ransomware, or virus attacks
• Security incidents requiring service shutdown
• Data breach response activities

Labor and Personnel:

• Labor disputes, strikes, lockouts
• Unavailability of personnel due to illness or emergency
• Mass resignation or staffing shortages

Conflict and Unrest:

• War, terrorism, civil unrest
• Riots, protests, or public disturbances
• Military actions or armed conflicts

Economic and Financial:

• Banking system failures
• Payment network disruptions
• Economic sanctions affecting service providers

Technology Changes:

• Upstream AI provider changes affecting our Service
• Breaking API changes by third-party services
• Deprecation of technologies we depend upon
• Open-source software license changes

During force majeure events:

• Service may be suspended without notice
• No refunds or credits will be provided
• We will make commercially reasonable efforts to restore service
• Our obligations under these Terms are suspended
• No liability for damages or losses during such events

18. CONTACT INFORMATION

For questions, concerns, or legal notices regarding these Terms, contact us at:

The Fitting Room
Email: concierge@the-fitting-room.app
Address: Polychrome - 20, rue Joseph Girard - 1227 Carouge - Switzerland