fitmi Terms of Service

These Terms set out the rights, obligations, and responsibilities of you and the Company in relation to the Service, including the procedures for using the Service.

1. "Service" means all AI virtual try-on, image generation, product recommendation, payment, subscription, and storage functions provided by the Company through fitmi.app, related apps, or APIs.
2. "Member" means a person who has agreed to these Terms and registered an account to use the Service.
3. "Guest" means a person who uses the Service within limits permitted by the Company without registering an account.
4. "Account" means the combination of email address, OAuth identifier, and authentication tokens used to identify a Member.
5. "User Content" means any photographs, body measurements, text, external product URLs, or other material that you upload, transmit, or generate using the Service.
6. "Generated Output" means images, text, or composite results produced automatically by AI models operated or commissioned by the Company on the basis of your User Content.
7. "Paid Service" means any subscription, pass, or premium feature offered by the Company for a fee.

The Company publishes these Terms within the Service so that you may easily read them at any time. The Terms take effect from the date they are posted.

The Company may amend these Terms within the scope permitted by applicable law, including the Korean Act on the Regulation of Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, and other consumer protection statutes that apply where you reside.

Amendments are announced through in-Service notices at least 7 days before they take effect. Where the amendment is adverse to Users, the notice period is at least 30 days and we will also send an individual notice to your registered email.

If you do not expressly object before the effective date, you are deemed to have accepted the amended Terms. If you object, you may terminate your account.

You may register for the Service by agreeing to these Terms and our Privacy Policy and completing the email magic-link or third-party authentication (e.g., Google OAuth) flow.

The Company may refuse or revoke registration in the following cases:

1. The applicant uses another person's name or email without permission.
2. The applicant is under 14 years of age and lacks parental consent (or under the minimum digital consent age in your jurisdiction).
3. The information provided is false or incomplete.
4. The applicant was previously suspended or terminated by the Company.
5. The application violates applicable law or these Terms in any other respect.

You are responsible for keeping your authentication credentials confidential and bear sole responsibility for any loss caused by their disclosure.

Subject to these Terms, the Company provides the following functions:

1. AI virtual try-on image generation based on photos, body information, and product URLs that you supply.
2. Storage, sharing, downloading, and watermarking of Generated Output.
3. Subscription, pass, and other Paid Services and related billing.
4. Product recommendations, marketing content, and customer support.
5. Other functions made available by the Company from time to time.

The Service is offered on a 24/7 basis. We may suspend the Service in whole or in part for maintenance, technical issues, communication failures, force majeure events, or outages of upstream AI model providers, payment processors, or hosting infrastructure.

The Company may change the content of the Service for operational or technical reasons. Adverse changes are announced under Section 3.

Digital content (virtual try-on result images, period passes, etc.) is delivered immediately upon payment under Article 17(2)(5) of the Korean Act on Consumer Protection in Electronic Commerce.

You must not engage in any of the following. Breach may result in suspension or termination of your account and you remain liable for any resulting damages.

1. Upload User Content that infringes another person's portrait rights, copyright, trademark, or other rights.
2. Attempt to generate child sexual abuse material, sexual content involving minors, defamatory content, hate speech, or any other content prohibited by law.
3. Bypass the Service's AI safety controls through prompt injection, model extraction, large-scale automated requests, or other abuse.
4. Use payment instruments without authority or otherwise commit payment fraud against the Company.
5. Disrupt or interfere with the normal operation of the Service.
6. Copy, redistribute, reverse-engineer, or build a competing product using material made available through the Service.
7. Otherwise violate applicable law, these Terms, or our policies.

You represent and warrant that you have the lawful right to use the User Content you upload (e.g., it is a photo of yourself or you have the rights holder's permission). You indemnify the Company against any claim arising from a breach of this representation.

We will not engage in any act prohibited by applicable law or contrary to public morals, and we will use commercially reasonable efforts to operate the Service reliably and safely.

We maintain a separate Privacy Policy that describes how we handle personal data.

We will respond to legitimate complaints within a reasonable period and explain any delay where one is unavoidable.

Our paid subscriptions and their prices are as follows. All prices are quoted in Korean Won (KRW) including VAT. A binding contract is formed when you click the payment confirmation button.

A Free plan is also available with up to 1 try-on per day (3 per month) at standard quality and with a watermark.

Payments are processed by third-party payment service providers (e.g., PayPal). You separately agree to the terms of the payment processor in addition to these Terms.

Subscription Paid Services renew automatically on the same terms until you cancel. You can cancel at any time before the next renewal date through the billing screen inside the Service or through the payment processor.

The Company does not directly store card numbers or other payment credentials; those are handled by the payment processor under its own security controls.

The Company may change prices for good reason, with at least 30 days' advance notice; the new price applies from the next renewal.

However, in the following cases, we provide reasonable alternative remedies upon your request:

1. If the AI virtual try-on result has a clear quality issue (face distortion, garment texture loss, etc.) — one free re-generation with the same input.
2. If the same quality issue occurs twice or more on the same payment — refund of the unused portion (subject to Section 9 refund rules).
3. If a refund is requested immediately after a pass purchase — refund of the unused portion within 7 days (subject to Section 9).

Exchange / re-generation / refund requests should be sent to neu5563@naver.com with the payment receipt or output identifier; we respond within 3 business days.

Where Korean consumer protection law applies, you may withdraw your subscription within 7 days of payment under Article 17 of the Korean Act on Consumer Protection in Electronic Commerce, subject to the statutory exceptions below.

1. Where you have already received and used digital content (e.g., generated a try-on image), the right of withdrawal does not apply to that consumed portion (Article 17(2)(5)).
2. Where you have already consumed all or part of a purchased pass, refund applies only to the unused portion.
3. Where your account has been terminated for breach of these Terms.

For subscription Paid Services, because digital content is delivered immediately on payment, pro-rata refunds for unused time are not generally available after a renewal date except where the Service was unavailable due to our fault.

Refund requests should be sent to neu5563@naver.com. We respond within 3 business days of receipt.

Mandatory consumer protection rights in your jurisdiction (e.g., the EU "right of withdrawal" under Directive 2011/83/EU) are not affected by this Section.

[Period Pass Service Period] The 1-week pass provides 10 fittings for 7 days from payment, and the 1-month pass provides 40 fittings for 30 days from payment. After the service period ends or the included fittings are used, the pass can no longer be used.

[Right of Withdrawal Restriction (Digital Content)] Digital content (virtual try-on result images, passes) is delivered immediately upon payment. Where you consent to the "immediate delivery and withdrawal restriction" at checkout, and the Company provides the disclosure and trial-use measures required by applicable law, the right of withdrawal may be restricted after delivery has commenced.

[Trial Use Provision] As the trial-use measure required by the proviso to Article 17(2)(5) of the Korean Act on Consumer Protection in Electronic Commerce, the Company offers a Free plan that allows up to one virtual try-on per day (3 per month) so that users may verify quality before purchase.

[Legal Exceptions Preserved] Where applicable consumer protection law recognizes a right of refund or withdrawal (e.g., misleading advertising, the Company's fault, manifest defect of digital content), such law shall prevail over the withdrawal restriction set out in this Section.

As between you and the Company, you retain all rights you may have in User Content and in Generated Output produced from it, to the extent permitted by applicable law.

You grant the Company a non-exclusive, worldwide, royalty-free licence to host, process, display, transmit, and back up your User Content and Generated Output solely to operate, support, secure, and improve the Service and to comply with law. We will not use your User Content to train AI models without your separate, explicit opt-in consent.

You may use Generated Output for your own personal purposes or to promote products in which you hold rights. You must not use Generated Output in any manner that infringes a third party's portrait, trademark, or copyright rights.

We may remove or restrict User Content or Generated Output without prior notice where it is unlawful, infringes a third party's rights, depicts or appears to depict child sexual abuse material, materially disrupts the Service, or otherwise violates these Terms.

All intellectual property rights in the Service itself — including its software, design, logos, trademarks, text, prompts, models, and user interfaces — belong to the Company or its licensors.

You must not copy, distribute, transmit, sell, publicly transmit, reverse-engineer, or create derivative works from the Service without our prior written consent.

Generated Output is produced by probabilistic AI models and has inherent limitations:

1. Fabric texture, drape, stretch, and other material properties may not be perfectly reproduced.
2. Lighting, pose, and background variations can change the output even with identical inputs.
3. Changes to the linked product page (size, color, photo) can affect future regenerations.
4. Occasional artefacts such as anatomical distortion or color drift can occur.

To the maximum extent permitted by law, the Company is not liable for indirect or incidental losses arising from the inherent imperfections of AI Generated Output (for example, differences between the rendered image and the garment you receive).

The Company may suspend, restrict, or terminate your access where you breach Section 6, taking proportionate steps where reasonably possible.

You may terminate at any time from the account-deletion screen inside the Service or by contacting neu5563@naver.com. Active subscriptions terminate at the end of the current billing period.

On termination, we delete or anonymise your personal data in line with our Privacy Policy and applicable law.

The Company is not liable for failure to provide the Service caused by force majeure events, including natural disasters, war, civil unrest, telecommunications carrier outages, payment-processor outages, or the unavailability of upstream AI model providers such as fal.ai.

The Company is not liable for damages that you suffer as a result of your own breach of these Terms.

Subject to mandatory law, the Company's aggregate liability to you is limited to the amount you actually paid to the Company during the 12 months preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot lawfully be limited (for example, liability for fraud or death/personal injury caused by negligence).

We may give you notice by email at the address on your account or by posting a notice within the Service.

General notices to all Users may be given by posting a notice for at least 7 days inside the Service. Notices that materially affect your contractual rights are given individually.

These Terms are governed by 대한민국 법령, without regard to its conflict-of-laws principles. Nothing in this Section overrides mandatory consumer protection rights you have under the law of your country of residence.

We will use reasonable efforts to resolve any dispute amicably. Failing that, Users in Korea may apply to the Korea Consumer Agency or the Electronic Commerce Mediation Committee under Article 33 of the Korean Act on Consumer Protection in Electronic Commerce.

Where litigation is unavoidable, the exclusive court of first instance is 대한민국 서울중앙지방법원, unless mandatory law in your country of residence provides otherwise.

Pursuant to Article 13 of the Korean Act on Consumer Protection in Electronic Commerce, we disclose our company information as follows:

• Business name: 마조리카
• Representative: 이태희
• Business registration number: 895-37-01612
• Mail-order business registration: 준비중
• Registered address: 서울특별시 관악구 문성로25길 19, 301호(신림동)
• Phone: 010-2243-8353
• Customer support email: neu5563@naver.com
• Privacy contact: neu5563@naver.com

Matters not covered by these Terms are governed by applicable Korean statutes including the Act on the Regulation of Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, the Information and Communications Network Act, and the Personal Information Protection Act, as well as relevant trade practice.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

Contact: 마조리카 / neu5563@naver.com