1. Welcome to The Fitting Room
Welcome to The Fitting Room!
These Terms of Service ("Terms") govern your use of the websites, mobile applications, virtual try-on experiences and related services operated by The Fitting Room Canada Inc. ("The Fitting Room," "we," "us," or "our").
By creating an account or using our services, you agree to these Terms to the extent permitted by applicable law. If you do not agree, please do not use our account-based services.
Our Privacy Policy explains how we collect, use, store and protect your personal information.
2. Our Services
The Fitting Room develops technology that helps you explore how clothing looks, drapes and fits before making a purchase.
Our services include:
- Creating personalized 3D avatars using smartphone body scanning.
- Estimating body measurements to support personalized fit recommendations.
- Exploring clothing through physics-based 3D virtual try-on.
- Comparing how garments fit across different sizes.
- Receiving personalized size and fit recommendations.
- Exploring virtual try-on with ready-made avatars.
- Accessing virtual try-on through our demonstrations and participating fashion retailers.
The availability of particular features may vary depending on the device, platform, garment or participating retailer.
Our mobile scanning application is currently designed primarily for creating and managing personalized avatars. Virtual try-on is available through supported demonstrations and participating retailers' websites.
We may introduce additional features in the future, including personalized fashion discovery and clothing recommendations based on body shape and individual style preferences.
These future features are not available unless and until we release them.
3. Age Requirements
You must be at least 18 years old to create an account or use our personalized avatar-scanning services.
By registering, you confirm that you are at least 18 years old.
You may only use our body-scanning feature to scan yourself. You must not upload body scans of another individual, including anyone under 18.
We may suspend or terminate accounts that violate these requirements.
You do not need an account to browse the publicly accessible informational portions of our website.
4. Creating and Managing Your Account
Certain features require an account.
You agree to provide accurate registration information and to take reasonable steps to protect your account credentials.
You are responsible for activities conducted through your account, except where applicable law provides otherwise.
If you believe your account has been accessed without authorization, please contact us.
You can delete your account through the Delete Account feature in The Fitting Room mobile app.
Account deletion also removes your personalized avatar, body measurements and associated account information from our active systems, subject to applicable legal requirements and the data-retention practices described in our Privacy Policy.
5. Creating Your Personalized Avatar
Creating a personalized avatar is optional. You can create an account and explore The Fitting Room's virtual try-on experience using ready-made avatars without completing a body scan.
However, ready-made avatars do not represent your individual body measurements and are intended for demonstration purposes. Without a personalized body scan, you should not rely on the experience for accurate, individualized size recommendations.
To receive personalized fit comparisons and sizing recommendations, you can use our mobile application to create your own 3D avatar. Our technology processes your body scan to reconstruct your body in 3D and estimate your measurements.
For the best results, follow the scanning instructions provided in the application.
By submitting a body scan, you authorize The Fitting Room to process that recording to create your avatar and provide the related services, subject to our Privacy Policy and applicable consent requirements.
Original scan videos are deleted after processing, including where avatar generation fails following upload.
Your generated avatar and associated measurements are stored so you can use them in future virtual try-on sessions until deleted in accordance with our data practices.
6. Virtual Try-On and Sizing Recommendations
The Fitting Room uses garment information, fabric properties and physics-based simulation to help shoppers understand how clothing looks, drapes and fits in different sizes.
When you create a personalized avatar, we use your estimated body measurements to provide individualized fit comparisons and size recommendations.
Our technology is designed to help you make more confident, informed purchasing decisions. However, virtual try-on results and sizing recommendations are estimates, and actual garment fit may vary.
We cannot guarantee that a particular garment or size will fit exactly as simulated. Nothing in this section limits your rights under applicable consumer protection laws.
7. Participating Fashion Retailers
The Fitting Room may provide virtual try-on technology through participating fashion retailers' websites.
Those retailers are responsible for the products they sell, including product descriptions, pricing, availability, purchases, shipping, returns and refunds.
Purchases from participating retailers are governed by those retailers' applicable terms and policies.
The Fitting Room does not currently offer automated Made-to-Fit clothing manufacturing as part of its general consumer service.
Our responsibilities relating to personal information are explained in our Privacy Policy.
Separate commercial agreements govern services provided directly to participating fashion brands.
8. Acceptable Use
You agree to use The Fitting Room responsibly and lawfully.
You must not:
- Use personalized scanning services if you are under 18.
- Upload a body scan of another person.
- Submit unlawful, abusive, exploitative or otherwise prohibited material.
- Impersonate another person or access another user's account.
- Attempt to obtain another person's avatar, measurements or private information without authorization.
- Interfere with the security or normal operation of our services.
- Introduce malicious software or attempt unauthorized access to our systems.
- Copy, scrape, reverse engineer, or commercially exploit our proprietary technology except where permitted by law or an applicable written agreement.
- Use our services in any manner that violates applicable laws or the rights of others.
We may restrict access, suspend accounts or take other appropriate action where necessary to address misuse, security risks or unlawful activity.
9. Intellectual Property
The Fitting Room and its licensors retain their rights in the technology, software, algorithms, simulations, trademarks, designs and other proprietary materials used to provide our services.
We grant you a limited, personal, non-exclusive, non-transferable licence to use our services for their intended purposes, subject to these Terms.
You retain any rights you have in the photographs, recordings or other content you submit.
You grant The Fitting Room permission to process, transform, store and display that content only as reasonably necessary to provide the services and for other purposes you have separately authorized.
This permission does not grant The Fitting Room an unrestricted right to publish, sell or use your body scan recordings for advertising.
Personal information remains subject to our Privacy Policy and applicable privacy laws.
10. Privacy and Body Information
Creating a personalized avatar involves processing information about your body, including scan imagery, estimated measurements and a digital representation of your body.
We recognize that this information can be sensitive.
Our Privacy Policy explains how we process, store, share and delete this information.
Where applicable law requires separate consent for particular processing activities, we will seek that consent.
Acceptance of these Terms does not replace consent that must be obtained separately under applicable law.
11. Service Availability
We continually work to develop and improve The Fitting Room.
Features, supported garments, compatible devices and participating retailers may change over time.
We may modify, temporarily suspend or discontinue features for maintenance, security, technical or other legitimate operational reasons.
We do not guarantee that all services will be continuously available or free from errors.
Where required by law, we will provide appropriate notice of material changes.
12. Third-Party Services
Our services may rely on third-party providers for functions such as account authentication, infrastructure, hosting and system operations.
Links to third-party websites, including participating fashion retailers, may direct you to services governed by their own terms and privacy policies.
We are not responsible for the independent products or services provided by those third parties, except where applicable law provides otherwise.
13. Disclaimer of Warranties
The Fitting Room's virtual try-on tools and size recommendations are intended to assist with clothing decisions.
While we work to provide accurate, reliable results, we do not guarantee that a simulation will perfectly reproduce the appearance or fit of a physical garment.
Except for warranties and rights that cannot lawfully be excluded, the services are provided without additional guarantees of uninterrupted availability or error-free operation.
The Fitting Room's body measurements and virtual try-on technology are not intended for medical diagnosis or healthcare assessment.
Nothing in these Terms excludes statutory warranties or consumer rights that cannot legally be waived.
14. Limitation of Liability
To the maximum extent permitted by applicable law, The Fitting Room is not liable for indirect, incidental, special or consequential losses arising from your use of the services where such exclusions are legally permitted.
Nothing in these Terms excludes or limits liability for fraud, intentional misconduct or other matters for which liability cannot lawfully be excluded or limited.
Your mandatory rights under applicable consumer protection and privacy laws remain unaffected.
15. Account Suspension and Termination
You may stop using The Fitting Room at any time and delete your account through our mobile app.
We may suspend or terminate access where reasonably necessary to address violations of these Terms, security incidents, unlawful conduct or other legitimate operational concerns.
When an account is deleted, associated account information, avatars and body measurements are removed from our active systems in accordance with our Privacy Policy.
Certain information may remain where retention is legally required or permitted.
16. Changes to These Terms
We may update these Terms as our technology, services and legal obligations evolve.
When changes are material or notice is legally required, we will provide appropriate notice and obtain renewed acceptance where necessary.
The Effective Date at the beginning of these Terms identifies the version currently in effect.
17. Governing Law and Disputes
These Terms are governed by the laws of Ontario and applicable federal laws of Canada, subject to mandatory consumer protection laws that may apply in your place of residence.
If you have a concern about our services, please contact us first so we can try to resolve the issue.
Where permitted by applicable law, disputes may be brought before the courts of Ontario, Canada.
Nothing in these Terms limits your right to bring proceedings before a court or regulatory authority where such rights cannot lawfully be restricted.
18. Mobile Applications
If you download The Fitting Room through an application marketplace, the marketplace's applicable terms may also govern your download and use of the application.
The Fitting Room remains responsible for providing its services and handling related support inquiries to the extent required by applicable law and marketplace agreements.
19. Contact Us
The Fitting Room Canada Inc.
Website: https://thefittingroom.tech
Email: [email protected]
If you have questions about these Terms, please contact us.
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