Terms of Use

These Terms of Use (the "Terms") are a binding agreement between you and Blaufluss AI Ltda. and govern your use of the Fitcheck AI mobile application and the website fitcheckai.blaufluss.ai (together, the "Services").

Contents

• 1. Who we are and agreement to these Terms
• 2. The Services
• 3. Eligibility and accounts
• 4. Subscriptions, free trials, and billing
• 5. Referral program and promotional codes
• 6. Your content
• 7. Acceptable use
• 8. Intellectual property
• 9. AI-generated content
• 10. Third-party services
• 11. Term and termination
• 12. Disclaimers
• 13. Limitation of liability
• 14. Governing law and disputes
• 15. Changes to these Terms
• 16. Contact

1. Who we are and agreement to these Terms

The Services are operated by Blaufluss AI Ltda. ("Blaufluss", "we", "us", or "our"), a company registered in Brazil:

You can reach us by email at mark.d.leupold@gmail.com, or by post at our European contact address: Am Schwefelbad 9a, 38442 Wolfsburg, Germany.

By downloading, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. We recommend that you keep a copy of these Terms for your records.

2. The Services

Fitcheck AI lets you photograph an outfit and receive automated, AI-generated feedback: a rating, an analysis of what works and what does not, color suggestions, and styling tips. You can save your photos and results to your account to track your style over time. Features may be added, changed, or removed as the app evolves.

The Services are consumer products for personal, non-commercial use. They are not intended to provide professional advice of any kind.

3. Eligibility and accounts

• You must be at least 13 years old to use the Services. If you are under 18, you may use the Services only with the permission of a parent or guardian. If you are below the age at which you can validly consent to data processing in your country, a parent or guardian must consent for you.
• Certain features require an account. You agree to provide accurate registration information and to keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity on your account. Tell us promptly if you suspect unauthorized use.
• You may delete your account at any time in the app settings or by emailing us.

4. Subscriptions, free trials, and billing

Billing through the app stores. Paid features are offered as auto-renewing subscriptions or in-app purchases billed through Apple's App Store or Google Play. Prices, billing periods, and what is included are shown in the app before you buy. We do not receive or store your payment card details; payment is handled by Apple or Google under their terms.

Auto-renewal and cancellation. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the period ends. You can manage or cancel your subscription at any time in your App Store or Google Play account settings. Uninstalling the app does not cancel a subscription.

Free trials. New users may be offered a free trial; its length and the price after conversion are shown at sign-up. Unless you cancel at least 24 hours before the trial ends, the trial converts into a paid subscription at the displayed price. Free trials and introductory offers are limited to one per person unless we expressly state otherwise, and we may decline to offer a trial where we reasonably believe an account has been deleted and re-created, or duplicated, to obtain another one.

Price changes. If subscription prices change, the change applies from your next billing period at the earliest, and you will be informed in advance so you can cancel first.

Refunds and withdrawal. Refund requests are handled by the app store you purchased through, under its refund policies. If you are an EU consumer: by starting a subscription or trial you request immediate access to digital content, and to the extent you expressly consent to immediate performance you acknowledge that your statutory right of withdrawal may lapse as permitted by law. Your mandatory statutory rights remain unaffected.

5. Referral program and promotional codes

We may offer referral rewards and promotional codes, including:

• "Give a week, get a week" referrals: when someone signs up with your referral code, both of you may receive a free week of premium access, as described in the app.
• Partner and influencer codes: promotional codes distributed by our partners, which may carry different benefits.
• Gift and promotional codes: single-use codes we may issue at our discretion that unlock premium access for the period stated with the code, which may range from a limited time to "lifetime" access. "Lifetime" means the lifetime of the Services, not of the recipient. Each such code can be redeemed once, by one account, and only as described when it was issued.

Reward and code details, eligibility, and duration are described in the app or communicated with the code, and offers may be changed, paused, or ended at any time (which does not retroactively remove benefits already credited to your account). Rewards and codes have no cash value, cannot be redeemed for money, cannot be sold or exchanged, and are not transferable unless we say otherwise. We may withhold or revoke rewards and code benefits obtained through misuse, including self-referrals, duplicate or fake accounts, automated sign-ups, code trading or resale, spam, or misleading promotion, and we may suspend accounts involved in such abuse.

6. Your content

You keep all rights to the photos and other content you submit ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process Your Content solely to operate and provide the Services, including sharing it with the service providers who process it on our behalf (such as cloud hosting and AI analysis providers). This license ends when you delete the content or your account, except where limited retention is required by law. How we handle photos and personal data is described in our Privacy Policy.

You are responsible for Your Content. Only submit photos you have the right to use, and do not submit photos of other people without their permission. Do not submit content that is unlawful, infringing, or harmful.

7. Acceptable use

When using the Services you agree not to:

• use the Services for any unlawful purpose or in violation of these Terms;
• copy, scrape, decompile, reverse engineer, or otherwise attempt to extract the source code of the app, except where such a restriction is prohibited by law;
• interfere with or disrupt the Services, circumvent security or usage limits, or probe for vulnerabilities without authorization;
• access the Services with automated means (bots, scripts) or create accounts by automated means;
• resell, rent, or commercially exploit the Services without our written consent;
• misuse referral or promotional codes (see section 5);
• upload malware or content that infringes the rights of others, or use the Services to harass, deceive, or harm anyone.

8. Intellectual property

The Services, including the app, website, design, text, graphics, logos, and software, are owned by Blaufluss or its licensors and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on compatible devices you own or control, for your personal use, subject to these Terms and the applicable app store's usage rules.

If you send us feedback or suggestions, we may use them without restriction or compensation.

If you believe content available through the Services infringes your intellectual property rights, report it to mark.d.leupold@gmail.com with enough detail for us to identify the material, and we will investigate and act where appropriate.

9. AI-generated content

Ratings, feedback, and styling tips are generated automatically by artificial intelligence. They are subjective style suggestions, may be inaccurate, incomplete, or inconsistent, and are provided for guidance and entertainment. They are not professional advice, and no rating is a statement of fact about you. Use your own judgment when acting on suggestions.

10. Third-party services

The Services depend on third parties, including Apple and Google (distribution and billing) and the service providers described in our Privacy Policy (including Supabase, Clerk, RevenueCat, OpenAI, and Expo). Their own terms apply to their services.

If you downloaded the app from Apple's App Store: these Terms are an agreement between you and Blaufluss only, not with Apple. Apple is not responsible for the app or its content. Maintenance and support are our responsibility, not Apple's. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid to Apple for the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer protection claims, or claims that the app infringes third-party intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Questions and support requests go to us, using the contact details in section 16.

Export compliance. You represent that you are not located in a country subject to a United States government embargo or designated as "terrorist supporting", and that you are not listed on any United States government list of prohibited or restricted parties.

11. Term and termination

These Terms apply for as long as you use the Services. You may stop using the Services and delete your account at any time. We may suspend or terminate your access, with reasonable notice where practicable, if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Services. Sections that by their nature should survive termination (including sections 6, 8, 12, 13, and 14) survive.

12. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI output will be accurate. If you are a consumer, your mandatory statutory warranty and conformity rights remain unaffected by this section.

13. Limitation of liability

To the maximum extent permitted by applicable law, Blaufluss is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to your use of the Services. To the same extent, our total liability for all claims relating to the Services is limited to the amount you paid us in the twelve months before the event giving rise to the claim, or 50 EUR if you paid nothing.

Nothing in these Terms limits or excludes liability for intent or gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be limited under applicable law, including mandatory consumer protections in your country of residence.

14. Governing law and disputes

These Terms are governed by the laws of the Federative Republic of Brazil, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the European Union, you additionally enjoy the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. If you are a consumer in the United States, nothing in these Terms deprives you of protections you have under the mandatory consumer laws of your state of residence. Before starting any formal dispute, please contact us; most concerns can be resolved informally.

15. Changes to these Terms

We may update these Terms from time to time, for example when features change or the law requires it. The "Last updated" date above shows the current version. For material changes we will give reasonable advance notice in the app or by email. If you continue using the Services after a change takes effect, the updated Terms apply. If you do not agree, stop using the Services and cancel any subscription before the change takes effect.

16. Contact

Questions about these Terms are welcome: