Terms of Use
1. Acceptance of Terms
By downloading, installing, or using Virtton (the "App"), you agree to these Terms of Use (the "Terms"). If you do not agree to these Terms, do not use the App.
2. Eligibility and Age
You must be at least 13 years old to use the App. If you are between 13 and the age required to provide valid consent in your jurisdiction, you must have parental or guardian permission. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it.
3. Service Description
Virtton provides an AI-powered virtual clothing try-on experience using user-uploaded photos and clothing images from third-party retailers. Features may include virtual try-on, community sharing, leaderboards, and affiliate links to third-party retailers.
4. User Responsibilities
You agree that when using the App you will: • Only upload images that you own or have permission to use. • Not upload images of others without their consent, or images of minors without parental consent. • Not upload content that infringes third-party rights or violates any applicable law. • Use the App only for personal, non-commercial use unless otherwise authorized.
5. License to Process and Display
By uploading photos you grant Virtton a limited, non-exclusive, non-transferable, revocable license to process, transform, and display those photos for the purpose of providing virtual try-on functionality and related features (including displaying try-on results within the App). This license terminates when your uploaded file and derived results are deleted according to our retention rules.
6. Public Sharing - Default Visibility
By default, virtual try-on results and certain community content are visible to all App users. When you upload and use the try-on features, you consent to such visibility unless you change your privacy settings. If you do not accept public visibility of your try-on results, do not use the public sharing features or change the sharing settings where available.
7. AI and Third-Party Processing (fal.ai)
Virtual try-on image processing is performed using third-party AI services (currently via fal.ai APIs). Photos are transmitted to and processed by these third-party services on a temporary basis and are deleted according to our retention policy. We do not use your uploaded photos to train third-party models unless we explicitly state so and obtain consent.
8. Affiliate Links and FTC Disclosure
The App participates in affiliate programs and may earn commissions from purchases made through links in the App. We disclose affiliate relationships in accordance with the Federal Trade Commission (FTC) guidelines.
9. No Warranties; "As Is" Service
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT RESULTS WILL BE ACCURATE OR ERROR-FREE. YOU SHOULD NOT RELY SOLELY ON VIRTUAL TRY-ON RESULTS FOR PURCHASING DECISIONS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIRTTON, ITS AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100 IF YOU HAVE NOT PAID ANYTHING, WHICHEVER IS GREATER.
11. DMCA and Copyright
We respect copyright holders. If you believe content available in the App infringes your copyright, contact our DMCA Agent with a proper notice. Include: (1) identification of the copyrighted work, (2) location of the infringing material, (3) your contact information, and (4) a statement of good-faith belief. DMCA Agent Email: info@virtton.com
12. Account Suspension and Termination
We may suspend or terminate accounts that violate these Terms or applicable law, remove infringing or abusive content, and refuse service to anyone at our discretion.
13. Dispute Resolution; Arbitration; Class Action Waiver
Most disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law. You and we each waive the right to a jury trial and the right to participate in a class action. Arbitration agreement does not prevent you from seeking injunctive relief in a court for certain intellectual property or privacy rights, where applicable.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. For matters not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction.
15. Changes to Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice in the App or by other means. Continued use after notice constitutes acceptance.
16. Contact Information
For questions or notices relating to these Terms, email: info@virtton.com
Last updated: November 2024