Terms of Service

Last Updated: January 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and TryOnSmart ("Company," "we," "us," or "our") governing your access to and use of the TryOnSmart.com website and our AI-powered fashion photography services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Description of Service

TryOnSmart provides an AI-powered platform that enables users to:

• Upload images of garments and clothing items
• Generate AI-powered images of models wearing those garments
• Select from various AI model personas, poses, and backgrounds
• Download and use generated images for commercial purposes

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By creating an account, you represent that you meet these requirements.

4. Subscription Plans and Payment

4.1 Pricing

Our Service offers various subscription plans with different features and limits. Current pricing is available on our Pricing page. Prices are in US Dollars (USD) and exclude applicable taxes.

4.2 Billing

• Paid subscriptions are billed monthly on the same date you started your subscription
• Payment is processed through Stripe, our secure payment processor
• You authorize us to charge your payment method for all fees incurred

4.3 Free Trial

We offer a free tier with limited features. No payment information is required for the free tier.

4.4 Price Changes

We reserve the right to modify pricing at any time. Price changes will be communicated at least 30 days before taking effect and will not apply to your current billing period.

5. Refund and Cancellation Policy

Please refer to our complete Refund and Cancellation Policy. Key points:

• Free Tier: No payment, no refund applicable
• Paid Subscriptions: No refunds for used services. We provide a free tier to test our service before purchasing
• Cancellation: You may cancel at any time. Access continues until the end of your current billing period
• Unused Resources: Monthly allocations (products, images, regenerations) do not roll over to the next month

6. User Content and Uploads

6.1 Your Content

You retain ownership of all content you upload to the Service ("User Content"). By uploading content, you grant us a limited, non-exclusive license to process, store, and transform your content solely to provide the Service.

6.2 Content Requirements

You represent and warrant that:

• You own or have the necessary rights to all content you upload
• Your content does not infringe any third party's intellectual property rights
• Your content complies with our Acceptable Use Policy

6.3 Generated Content

AI-generated images created using your uploaded content are owned by you. You may use generated images for commercial purposes, including:

• Product listings and e-commerce websites
• Marketing materials and advertisements
• Social media and promotional content

7. Virtual Try-On Service (Customers)

7.1 Try-On Image Data

When you use the virtual try-on feature on a seller's product page, the following data is collected and processed:

• Your uploaded photo(s) for generating try-on images
• Your email address for delivering results and account creation
• Optional body measurements (height, weight, usual size, fit preference) to improve try-on accuracy

7.2 Seller Visibility

By default, sellers can view your try-on results to assist with styling and sizing recommendations. You can change this preference at any time using the "Seller Visibility" toggle on your try-on results page. When disabled, sellers will not be able to access your try-on images.

7.3 Data Retention

Your try-on images and associated data are stored for as long as your account exists. If you do not create an account, try-on data is retained for 12 months from the date of generation. You may request deletion of your data at any time by contacting us.

7.4 Customer Accounts

You may optionally create a free account to save your try-on history and access additional features. Account creation requires setting a password and agreeing to these Terms. Your uploaded photos are private and are not shared with sellers unless you have enabled seller visibility.

8. Acceptable Use

You agree to use the Service in accordance with our Acceptable Use Policy. Prohibited activities include but are not limited to:

• Generating images of real people without their consent
• Creating misleading, fraudulent, or deceptive content
• Uploading content that infringes intellectual property rights
• Attempting to reverse engineer or copy our AI technology
• Using the Service for any illegal purpose

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its original content, features, functionality, and AI technology, is owned by TryOnSmart and protected by international copyright, trademark, and other intellectual property laws.

9.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI-generated images will meet your specific requirements
• Results will be accurate, reliable, or suitable for any purpose
• Any defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYONSMART SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service

Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim.

12. Indemnification

You agree to indemnify and hold harmless TryOnSmart and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

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

13. Termination

13.1 By You

You may terminate your account at any time through your account settings or by contacting us.

13.2 By Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees

13.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and User Content after 30 days
• You remain liable for any outstanding fees

14. Governing Law and Disputes

These Terms shall be governed by the laws of New Zealand, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through:

1. Good faith negotiation between the parties
2. Mediation in Auckland, New Zealand
3. Binding arbitration if mediation fails

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the new Terms.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and TryOnSmart
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign these Terms without our consent. We may assign our rights without restriction

17. Contact Us