outfytd — terms of service

DRAFT — pending counsel review. Not the final binding version.

This document is an engineering-authored draft. It accurately reflects how Outfytd intends to operate, but it has not been reviewed by qualified legal counsel. Final language must be approved by an attorney before App Store / Play Store submission and before any public release.

Effective date: 2026-05-11 (placeholder — final date set on legal sign-off) Last updated: 2026-05-11

1. these terms

Welcome to Outfytd. These Terms of Service ("Terms") are an agreement between you and Outfytd ("Outfytd", "we", "us", "our") covering your use of the Outfytd mobile applications, the website at https://outfytd.com, and any related service we operate (collectively, the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. eligibility

You must be at least 13 years old to use the Service. We enforce this at sign-up by requiring your birth year and rejecting any sign-up that would imply you are under 13.

If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Outfytd is not directed at children under 13. If you are under 13, do not use or attempt to use the Service. See the Privacy Policy, Section 9, for our COPPA position and our process for handling under-13 accounts that are discovered.

3. your account

• You are responsible for keeping your sign-in credentials confidential. If you sign in with Apple or Google, you are responsible for the security of those underlying accounts.
• You are responsible for all activity that happens under your account.
• You may hold one Outfytd account per natural person. Automated accounts, shared accounts, and accounts created on behalf of another person without authorization are not permitted.
• If you suspect unauthorized access to your account, contact us at [email protected] immediately.

We may require you to verify your identity before performing sensitive account actions (for example, account deletion or data export).

4. acceptable use

You agree not to use the Service to:

• upload, post, or share content that is illegal, infringing, defamatory, harassing, threatening, hateful, or sexually explicit.
• upload any content depicting a minor in a sexual or exploitative manner, or any content that violates child-safety laws.
• impersonate another person or brand, or misrepresent your affiliation with a person or brand.
• upload content that infringes another party's intellectual property, trademark, publicity, or privacy rights.
• reverse engineer, decompile, disassemble, scrape, or otherwise attempt to extract source code, model weights, or trade secrets from the Service, except to the extent that applicable law expressly permits such activity.
• interfere with the Service's operation, including by sending malicious requests, exploiting rate limits, probing for vulnerabilities outside any disclosed bug-bounty program, or attempting to access another user's account or data.
• use the Service to send spam, run unsolicited promotions, or operate any advertising business without our prior written permission.
• use the Service or any content within it to train, fine-tune, or otherwise improve any third-party machine-learning model without our prior written license.

We may suspend or terminate accounts that we believe, in good faith, violate this section.

5. your content

5.1 you own what you upload

You retain all ownership rights you already have in the photos, captions, comments, descriptive tags, corrections, and other content you upload or create through the Service ("user content"). We do not claim ownership of your user content.

5.2 the license you grant us to operate the Service

To run the Service, we need a license from you that lets our systems store and process your user content. By uploading user content, you grant Outfytd a worldwide, non-exclusive, royalty-free, sublicensable license (through our sub-processors listed in the Privacy Policy) to:

• host, store, cache, back up, and transmit your user content,
• display your user content back to you within the Service,
• process your user content through our own machine-learning models (the fashion-CLIP based pipeline described in the Privacy Policy, Section 5) for the purpose of generating tags, embeddings, and outfit suggestions for you, and
• display your user content to other users only where you have explicitly chosen to share it (for example, by publishing a post).

This license is scoped to operating the Service. It lasts as long as your user content is in the Service and ends when your user content is deleted, subject to the backup-retention window described in the Privacy Policy.

We do not sell, license, or otherwise transfer your raw photos to any third party. Sub-processor access (AWS) is solely to operate the underlying infrastructure.

5.3 license to use your corrections as training data

When you correct or confirm a machine-generated tag (the "active learning" loop described in the Privacy Policy, Section 5.4), you grant Outfytd a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use the image and the corrected tag pair as a labeled training example for improving Outfytd's own machine-learning models.

This license is limited to improving our own models. It does not give us the right to sell your raw photos or to license them to any third party as training data.

You may opt out of having your future corrections retained as training examples by emailing [email protected]. Opting out does not revoke this license for examples already collected, but those examples are stored anonymized and tied to the image hash, not to your account identity.

5.4 license to share aggregated, hashed events (only if you opt in)

If, and only if, you turn the trend-data sharing toggle on (it is defaulted off — see Privacy Policy, Section 7), you grant Outfytd a worldwide, non-exclusive, royalty-free license to use your usage events, in hashed and aggregated form, for internal trend research and for potential future trend-reporting products.

Important: we may collect this data under the opt-in. We do not currently sell or commercially license trend reports. We will not do so until we make an additional public disclosure and give you prior notice. Your trend-data opt-in is reversible at any time in settings.

5.5 your responsibility for your content

You represent that:

• you own or have all necessary rights in the user content you upload,
• your user content does not infringe any third party's rights,
• your user content does not violate any applicable law.

6. AI-generated outputs

Outfytd uses its own machine-learning models (the fashion-CLIP based pipeline described in the Privacy Policy, Section 5) to:

• extract tags from your clothing photos (category, colors, materials, etc.),
• compute embedding vectors for outfit composition,
• generate outfit suggestions from your closet.

You acknowledge that:

• machine-generated tags and outfit suggestions may be incomplete, inaccurate, or otherwise imperfect.
• you can edit or override any machine-generated tag.
• you should not rely on outfit suggestions for decisions where accuracy or appropriateness is safety-critical (for example, weather appropriateness, professional-dress requirements, or cultural-context appropriateness).

We do not warrant the accuracy, completeness, or fitness for purpose of any tag or outfit suggestion. See Section 11 (disclaimers).

7. outfytd's content

The Service itself, including the Outfytd brand, name, logo, source code, design system, copy, and any non-user content shipped by Outfytd, is the property of Outfytd or its licensors and is protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. This license is conditional on your compliance with these Terms. It does not include any right to redistribute, resell, or rebrand the Service.

8. third-party services

The Service integrates with third-party services:

• Sign in with Apple and Sign in with Google — optional identity-federation methods.
• Amazon Web Services (AWS) — our cloud infrastructure provider (storage, compute, database, machine learning).
• Cloudflare — authoritative DNS for outfytd.com. Cloudflare is not used as a CDN for application content.

Your use of those third-party services is also subject to those third parties' own terms of service and privacy policies. Outfytd is not responsible for third-party services beyond what is described in our Privacy Policy.

9. termination

9.1 by you

You may stop using the Service at any time. Once the self-service "delete my account" flow ships (see the Privacy Policy, Section 10.3), you will be able to delete your account directly from the Service. Until then, email [email protected] and we will process the deletion manually within 30 days.

9.2 by us

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, if your account is creating risk for us or for other users, or if we are required to do so by law.

9.3 effect of termination

Upon termination, your right to use the Service ends. The provisions of these Terms that by their nature should survive — including Sections 5 (your content licenses already granted), 6 (AI outputs), 11 (disclaimers), 12 (limitation of liability), 13 (indemnification), 14 (governing law), and this Section 9 — survive termination.

Data deletion on termination is governed by the Privacy Policy.

10. modifications to the Service

The Service is under active development. We may add, change, or remove features at any time. We will give reasonable notice for material removals where practicable. We are not obligated to maintain backwards compatibility for any specific feature.

11. disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTFYTD DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERROR. WE DO NOT WARRANT THAT MACHINE-GENERATED TAGS, EMBEDDINGS, OR OUTFIT SUGGESTIONS WILL BE ACCURATE OR COMPLETE.

YOU USE THE SERVICE AT YOUR OWN RISK.

12. limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• OUTFYTD AND ITS PERSONNEL, AGENTS, AND SUB-PROCESSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) USD 100, OR (b) THE TOTAL AMOUNT YOU PAID OUTFYTD IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in those jurisdictions, the above limitations apply only to the extent permitted by law.

13. indemnification

You agree to defend, indemnify, and hold harmless Outfytd, its personnel, and its agents from and against any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to:

• your user content,
• your use of the Service,
• your violation of these Terms, or
• your violation of any third-party right (including intellectual property, publicity, and privacy rights).

We will give you prompt notice of any such claim and reasonably cooperate with your defense. We may, at our option, assume the defense and settlement of any claim, in which case you will assist us as reasonably requested.

14. governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles. (Placeholder — final choice of law and forum pending counsel advice.)

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Nothing in this section limits any right you may have to bring a claim in your local courts where applicable law gives you that right and does not allow it to be waived.

15. changes to these Terms

We may update these Terms from time to time. When we make a material change we will give you reasonable notice — in the Service, by email, or by another reasonable means — before the change takes effect. The "Last updated" date at the top of these Terms always reflects the current version.

Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

16. miscellaneous

• entire agreement. These Terms and the documents they reference (including the Privacy Policy) are the entire agreement between you and Outfytd about the Service, and they supersede any prior agreement on the same subject.
• severability. If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full effect.
• no waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• assignment. You may not assign these Terms without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.
• no agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Outfytd.

17. contact

For any question about these Terms, contact us at:

[email protected]

(Note: this mailbox is being provisioned during the pre-launch period. Counsel should confirm a working address before the Terms are published. The privacy mailbox [email protected] is the primary contact for data-handling requests.)

open questions for counsel

The following points are flagged for legal review:

1. Section 5.3 (training-data license) — confirm the irrevocable, perpetual license framing is acceptable for the active-learning loop, and that the opt-out mechanism is sufficient to satisfy GDPR Art. 7 (withdrawal of consent) and similar regimes.
2. Section 5.4 (trend-data license) — confirm the "may collect, will not sell until further notice" framing does not create a legally actionable representation that we will, or that we will not, sell.
3. Section 4 — the "no training of third-party models" clause is forward-looking. Confirm enforceability and revisit if any portion of the platform is open-sourced.
4. Section 12 (liability cap) — confirm the USD 100 / 12-month-paid cap is appropriate for a consumer app at MVP and adjust for jurisdictions that restrict liability caps.
5. Section 14 (governing law) — Delaware is a placeholder. Counsel to set the final choice of law and forum based on the operating entity's domicile and tax structure.
6. Section 2 (eligibility) — confirm that the 13-and-over minimum is the right floor for every launch jurisdiction, particularly the EU, where some member states set the age of digital consent above 13 (up to 16). Consider region-specific gating.
7. Section 11 / 12 — confirm the all-caps disclaimer and limitation-of-liability formatting meets the conspicuousness requirements of UCC § 2-316 and analogous regimes.
8. Effective date — replace placeholder once approved.
9. Contact mailbox [email protected] — confirm provisioning before publication.