Terms of Service for Fitumi

1. Acceptance of Terms By accessing or using Fitumi.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions that may apply to specific sections of the Services or to products and services available through the Services. 2. Eligibility You must be at least 18 years old to use our Services. By using Fitumi.ai, you represent and warrant that you meet this eligibility requirement. 3. Account Registration To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. 4. Use of Services You agree to use Fitumi.ai only for lawful purposes and in accordance with these Terms. You agree not to use the Services: - In any way that violates any applicable federal, state, local, or international law or regulation. - To impersonate or attempt to impersonate Fitumi, a Fitumi employee, another user, or any other person or entity. - To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Fitumi or users of the Services. 5. Intellectual Property All content, including but not limited to text, graphics, logos, images, and software, is the property of Fitumi or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from Fitumi.ai without our prior written consent. 6. User Content You retain ownership of any content you upload, post, or otherwise make available through the Services ("User Content"). By submitting User Content, you grant Fitumi a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. 7. Fees and Payment Fitumi.ai may offer both free and paid Services. If you choose to use the paid Services, you agree to the pricing and payment terms as specified on our website. We reserve the right to change prices for the Services at any time. 8. Termination Fitumi reserves the right to terminate or suspend your account and access to the Services, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason at our sole discretion. 9. Rights of Use 9.1. Fitumi reserves the right to restrict or terminate the use of the platform at its sole discretion, without prior notice. 9.2. By using the platform, the User agrees that Fitumi may store the User’s IP address and usage data to monitor and verify proper use of the platform. 9.3. All designs, images, videos, texts, or resources created using Fitumi.ai are the property of the User. The User retains full rights to use, modify, distribute, and commercialize their creations, provided they comply with applicable laws. 10. User Rights and Obligations 10.1. The User agrees to use Fitumi.ai only for lawful purposes and in a manner that does not disrupt or damage the platform. Actions such as scanning, probing, or testing the security or vulnerability of the software, bypassing security measures, or introducing malware are strictly prohibited. 10.2. Users must ensure that they have the necessary rights (e.g., copyright, trademark, or other intellectual property rights) to any content they upload to Fitumi.ai, including photos, fabrics, or designs. 11. Disclaimer of Warranties The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. Fitumi does not warrant that the Services will be uninterrupted, error-free, or completely secure. 12. Limitation of Liability In no event shall Fitumi, its affiliates, or their respective directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Services. 12.1. Fitumi is not liable for the speed, availability, data loss, or accuracy of the results provided by the software. Liability is excluded except in cases of intentional misconduct or gross negligence. This exclusion does not apply in cases of personal injury or death. 12.2. Fitumi’s liability for damages is limited to $USD 100 in all cases. 13. Privacy Policy and Data Protection 13.1. Fitumi collects personal information such as name, email address, and usage data when you use our platform. This data is used to provide and improve our Services. 13.2. By providing personal information, Users consent to its collection and use for the purpose of delivering Fitumi’s Services. If Fitumi seeks to use personal data for other purposes, it will request additional consent from the User. 13.3. Users can withdraw consent for the collection and use of personal data at any time by contacting Fitumi at [Your Email Address]. 13.4. All User data, including images, designs, and personal information, is stored on secure servers, such as AWS (Amazon Web Services). We take industry-standard precautions to protect your data. 13.5. We use SSL encryption and other security measures to protect your data during transmission and storage. While we adhere to PCI-DSS requirements, no system can be 100% secure, and Fitumi cannot guarantee absolute security. 13.6. By using Fitumi.ai, Users represent that they are at least the age of majority in their jurisdiction or have obtained consent from a parent or guardian. 13.7. Fitumi reserves the right to modify its Privacy Policy at any time. Changes will take effect immediately upon posting on our platform. If significant changes are made, we will notify Users to ensure they are aware of the changes. 13.8. Users may request access to, correction of, or deletion of their personal information by contacting our head office through contact form. 14. Subscriptions 14.1. Users may cancel their subscription at any time, effective at the end of the current billing period. For example, a monthly subscription will be canceled at the end of the current month. No refunds will be issued for any past or current billing periods. 15. Indemnification You agree to defend, indemnify, and hold harmless Fitumi, its affiliates, licensors, and service providers, and their respective officers, directors, employees, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services. 16. Concluding Provisions 16.1. Legal disputes arising from this agreement shall be governed by [US] law, excluding the application of the UN Convention on Contracts for the International Sale of Goods and other conflict of law principles. 16.2. The exclusive jurisdiction for disputes arising out of or in connection with this agreement shall be the competent courts of [Your Jurisdiction]. 16.3. Any changes or additions to this agreement must be made in writing to be valid. This includes any waiver of the requirement for written form. 16.4. If any provision of this agreement is found to be void, unenforceable, or invalid, it shall not affect the validity or enforceability of the remaining provisions. The parties agree to replace the void or invalid provision with a provision that closely reflects the original intent. 16.5. If these Terms of Use are presented in a language other than English, the original English version shall prevail in case of any discrepancies or disputes.