Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the BabyFit mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"), which form a legally binding agreement between you ("User," "you," or "your") and the operator of BabyFit ("we," "us," "our," or the "Company").

These Terms govern your access to and use of the App, including all content, features, functionality, and services offered through the App.

We reserve the right to modify, update, or replace these Terms at any time. Your continued use of the App following any changes constitutes acceptance of those changes.

2. Description of Service

BabyFit is an AI-powered baby outfit virtual try-on application available exclusively on iOS devices that enables parents and guardians to preview how clothing and outfits look on their babies using artificial intelligence technology.

2.1 Core Features

2.2 Third-Party AI Service

2.3 Intended Use

The App is designed for:

• Personal Use: Previewing how baby clothes and outfits look before purchasing
• Shopping Assistance: Making more informed decisions when buying baby clothing
• Creative Exploration: Mixing and matching outfits for fun
• Sharing: Sharing cute outfit previews with family and friends

2.4 Service Availability

While we strive to provide continuous access, we do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any aspect of the App at any time.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you may be required to create an account. You agree to provide accurate information and maintain the security of your account credentials.

3.2 Account Eligibility

You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use the App. The App is intended to be used by parents and guardians.

3.3 Account Termination

You may delete your account at any time through the App settings. We reserve the right to suspend or terminate your account if you violate these Terms.

4. In-App Purchases and Subscriptions

The App offers optional premium features through one-time purchases or auto-renewable subscriptions, processed through the Apple App Store.

4.1 Subscription Options

We may offer Monthly and Yearly subscription tiers. Options, pricing, and features are subject to change.

4.2 Payment Processing

All payments are processed securely through the Apple App Store.

4.3 Automatic Renewal and Cancellation

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. To cancel: Settings → Your Name → Subscriptions → BabyFit → Cancel.

4.4 Free Trials

Free trial periods, if offered, convert to paid subscriptions unless canceled before the trial ends.

4.5 Refund Policy

Refund requests must be submitted through Apple at reportaproblem.apple.com.

4.6 Fair Use Policy

Excessive, automated, or abusive use of AI features may result in temporary restrictions.

5. User Responsibilities and Prohibited Conduct

5.1 Prohibited Content

You agree not to use the App to create content that is illegal, harmful, sexually explicit, hateful, violates intellectual property rights, misappropriates anyone's likeness without consent (including deepfakes), or contains malware.

5.2 Prohibited Activities

You agree not to reverse engineer, circumvent security features, use automated systems, interfere with infrastructure, or share/resell account access.

5.3 Consequences of Violations

We may remove content, suspend accounts, report illegal activities to authorities, or take legal action.

6. User-Generated Content and AI-Generated Images

6.1 Ownership of Original Content

You retain ownership of images you upload (baby photos and clothing photos). By uploading, you grant us a limited license to process your content solely for providing the App's virtual try-on features. We do not use your images to train or improve our AI models.

6.2 AI-Generated Content

AI-generated try-on images are created automatically based on your input. Results may not be unique or perfectly accurate. We do not claim ownership of your AI-generated images, but retain rights to the underlying technology.

6.3 Usage Responsibility

You are solely responsible for how you use, share, and distribute content generated through the App.

6.4 Content Monitoring

We reserve the right to monitor, review, and remove content that violates these Terms.

6.5 Backup

We are not responsible for any loss of your content. We recommend saving generated images to your device.

7. AI-Powered Image Processing Disclaimer

The App utilizes Google's Gemini AI API (a third-party artificial intelligence service operated by Google LLC) to generate virtual try-on images based on your input.

7.1 AI Limitations

AI-generated try-on images may include imperfections, artifacts, or inaccurate representations. The virtual try-on results are approximations and may not perfectly reflect how actual clothing will look in real life.

7.2 No Guarantees

We make no warranties regarding the accuracy, quality, or realistic representation of AI-generated try-on images. Actual clothing fit, color, and appearance may differ from the generated previews.

7.3 Intended Purpose

AI-generated try-on results are for preview and entertainment purposes only and should not be the sole basis for purchasing decisions.

7.4 Model Updates

We may update AI models at any time, which may result in different outputs or capabilities.

8. Intellectual Property Rights

8.1 App Ownership

The App and all related intellectual property is owned by us or our licensors.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the App on iOS devices for personal, non-commercial use.

8.3 Trademarks

BabyFit and the BabyFit logo are trademarks of the Company.

8.4 Copyright Infringement

If you believe content infringes your copyright, please contact us with the required information.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the App, you acknowledge and consent to the following:

• We collect information necessary to provide and improve our services
• Images you upload (including baby photos containing faces and clothing photos) are transmitted to our servers and forwarded to Google's Gemini AI API (Google LLC) for AI-powered virtual try-on processing
• We do not use your images to train or improve our AI models. Google processes your data under its Cloud Data Processing terms, which also prohibit model training.
• The App does not perform face detection, facial recognition, or biometric analysis. Photos containing faces are processed as standard images.
• We implement security measures to protect your data
• We do not sell your personal information to third parties
• You have certain rights regarding your data, as described in our Privacy Policy

Please review our Privacy Policy carefully to understand our data practices.

10. Termination

10.1 Termination by You

You may stop using the App at any time by uninstalling it and deleting your account.

10.2 Termination by Us

We may suspend or terminate your access at any time for violations of these Terms.

10.3 Effects of Termination

Upon termination, your access ceases, and we may delete your account data. You will not receive refunds for unused subscription periods (subject to Apple's policies).

11. Disclaimers of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties regarding quality, accuracy, reliability of AI-generated try-on images, App availability, and compatibility. Use of the App is at your sole risk.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Our total liability shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) $100.

13. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from your use of the App, violation of these Terms, or violation of third-party rights.

14. Dispute Resolution

14.1 Informal Resolution

You agree to first attempt to resolve disputes informally by contacting us.

14.2 Arbitration

Unresolved disputes shall be resolved by binding arbitration. Exceptions apply for small claims and intellectual property claims.

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis.

15. Governing Law

These Terms are governed by the laws of the jurisdiction in which the Company operates.

16. Changes to the App and Terms

We may modify the App or update these Terms at any time. Material changes will be notified through the App. Continued use constitutes acceptance.

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company.

17.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

17.3 Apple-Specific Terms

These Terms are between you and the Company only, not Apple. Apple is a third-party beneficiary of these Terms. You represent that you are not in an embargoed country or on a restricted parties list.