Terms & Conditions

1. Eligibility

To use our Services, you must:

• Be at least 13 years of age (or 16 if located in the European Economic Area, United Kingdom, or Switzerland)
• If you are under 18 years of age (or the age of majority in your jurisdiction), have permission from a parent or legal guardian who agrees to these Terms on your behalf
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law

By using the Services, you represent and warrant that you meet all eligibility requirements.

2. Account Registration & Security

To access certain features, you must create an account. When you register:

• You agree to provide accurate, current, and complete information
• You agree to maintain and promptly update your account information
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account
• You agree to notify us immediately of any unauthorized use of your account

We reserve the right to suspend, disable, or terminate your account if we reasonably believe you have violated these Terms, provided false information, or engaged in fraudulent activity.

3. User Content & Licenses

Your Content

You may upload, submit, or transmit photos, videos, and other content (“User Content”) to the Services. You retain ownership of your User Content, subject to the licenses granted below.

License to Zaya Fit

By uploading User Content, you grant Zaya Fit a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers), and revocable license to:

• Process, store, and display your User Content to provide the Services
• Create AI-generated visualizations, try-on images, and recommendations
• Process your photos through AI to derive categorical style attributes as described in our Privacy Policy

This license terminates when you delete your User Content or account, except for: (a) content that has been shared with others who have not deleted it; and (b) a reasonable period to remove from backup and archival systems.

Your Representations

By uploading User Content, you represent and warrant that:

• You own the content or have obtained all necessary rights and permissions
• If the content depicts other individuals, you have their consent
• The content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• The content complies with all applicable laws and these Terms

4. AI Photo Analysis Consent

Our Services use AI technology to analyze your photos and derive categorical style attributes (such as body shape, skin undertone, face shape, and color season) to provide virtual try-on and personalization features. These are general descriptive categories, not biometric measurements or geometry.

IMPORTANT: By uploading photos to the Services, you acknowledge and agree that:

• Zaya Fit will process your photos through AI to extract descriptive style attributes
• These style attributes will be stored in your profile and used as described in our Privacy Policy
• Your photos may be processed by third-party AI service providers (listed in our Privacy Policy) solely to provide the Services
• You have read and understood the disclosures in our Privacy Policy

You may withdraw your consent at any time by deleting your account or contacting privacy@zayafit.com. Withdrawal of consent may limit your ability to use certain features.

5. AI Visualization Disclaimer

IMPORTANT: AI-generated visualizations, including virtual try-on images, are simulated approximations and:

• May not accurately represent actual fit, color, texture, proportion, or appearance
• Are for entertainment and informational purposes only
• Should not be relied upon as the sole basis for purchasing decisions
• May vary from actual products due to lighting, screen settings, and AI limitations

ZAYA FIT DISCLAIMS ALL LIABILITY FOR PURCHASE DECISIONS MADE BASED ON AI-GENERATED VISUALIZATIONS. We recommend reviewing retailer return policies before making purchases.

6. Acceptable Use Policy

You agree NOT to:

• Upload explicit, pornographic, obscene, or sexually suggestive content
• Upload defamatory, harassing, threatening, or hateful content
• Upload content depicting minors in inappropriate contexts
• Upload content that infringes intellectual property rights of others
• Upload photos of others without their consent
• Use AI-generated outputs for impersonation, fraud, deception, or harassment
• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to the Services or other users’ accounts
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Use automated means (bots, scrapers) to access the Services without permission
• Interfere with or disrupt the integrity or performance of the Services
• Circumvent or disable any security or access control features

We reserve the right to remove any content and terminate accounts that violate this policy, without prior notice.

7. Intellectual Property

Our Intellectual Property

The Services, including all software, algorithms, AI models, user interfaces, designs, graphics, trademarks (including “Zaya Fit” and our logos), and content created by us, are owned by or licensed to Zaya Fit and protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

AI-Generated Content

AI-generated visualizations created using your photos are provided for your personal use. You may save and share them for personal, non-commercial purposes. The underlying AI technology and models remain our property.

DMCA & Copyright Complaints

If you believe content on our Services infringes your copyright, please send a notice to legal@zayafit.com containing: (1) your signature; (2) identification of the copyrighted work; (3) identification of the infringing material; (4) your contact information; (5) a statement of good faith belief; and (6) a statement of accuracy under penalty of perjury.

8. Third-Party Services & Affiliate Disclosure

The Services may display, link to, or enable purchases from third-party retailers and products.

Affiliate Disclosure

As an Amazon Associate and affiliate partner of other retailers, Zaya Fit earns commissions from qualifying purchases. When you click on product links and make purchases, we may receive compensation. This does not affect the price you pay.

Third-Party Terms

Your interactions with third-party websites, products, or services are governed by those third parties’ terms and privacy policies. Zaya Fit is not responsible for:

• The availability, accuracy, or quality of third-party products
• Third-party websites’ content, privacy practices, or security
• Transactions you conduct with third parties
• Any damages arising from your use of third-party services

9. Fees & Payments

Certain features may require payment. If you purchase premium features or subscriptions:

• You agree to pay all applicable fees and taxes
• Payments are processed through third-party payment processors (Apple App Store, Google Play, Stripe)
• Subscription renewals are automatic unless cancelled before the renewal date
• Refunds are subject to the applicable app store’s refund policy

We reserve the right to change pricing with reasonable notice. Price changes do not affect active subscription periods.

10. Termination

Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us. Upon termination, your license to use the Services ends immediately.

Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms or our policies
• Conduct that we determine is harmful to other users or our business
• Requested by law enforcement or government agencies
• Discontinuation or material modification of the Services

Effect of Termination

Upon termination: (a) all licenses granted to you end; (b) you must cease all use of the Services; (c) we will delete your User Content and AI-derived style attributes in accordance with our Privacy Policy; (d) Sections 7, 11–16 survive termination.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS

We do not warrant that AI visualizations will accurately represent actual products. Use of the Services is at your sole risk.

Some jurisdictions do not allow disclaimer of implied warranties, so some of the above may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO CONSEQUENTIAL DAMAGES: ZAYA FIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• CAP ON LIABILITY: ZAYA FIT’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100 USD.
• PURCHASE DECISIONS: WE ARE NOT LIABLE FOR ANY LOSSES RELATED TO PURCHASE DECISIONS MADE BASED ON AI-GENERATED VISUALIZATIONS.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zaya Labs, Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services
• Your User Content, including claims that it infringes or violates third-party rights
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of the rights of any third party, including other users
• Any unauthorized use of your account

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objection based on improper venue or forum non conveniens.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Zaya Fit regarding the Services.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or internet or infrastructure failures.

Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or in-app notice at least 30 days before taking effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

Electronic Communications

By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

17. Contact Us

If you have questions about these Terms, please contact us: