Terms of Service
Version 1.0 · Effective date: July 15, 2026 · Last updated: August 18, 2026
These Terms of Service (the "Terms") are an agreement between you and Fitable SL ("Fitable", "we", "us"), a limited company (sociedad limitada) incorporated in Spain, with registered address at Carrer de Sant Antoni Maria Claret 362, 08041 Barcelona, Spain. They govern your use of fitable.es and the Fitable services (the "Services").
By creating an account or using the Services you accept these Terms. Please also read our Privacy Policy and Refund Policy, which form part of your agreement with us.
We have written these Terms to be readable. If anything is unclear, ask us at fitable.ai@gmail.com before you rely on your own interpretation.
In short:
- You own your uploads and, once generated, your outputs; we take only the license we need to run the Services.
- We never train our own AI models on your content.
- Subscriptions renew automatically, but we warn you at least 15 days before every charge, and cancelling is as easy as signing up.
- EU consumers keep every mandatory protection of their home country, including the 14-day withdrawal right.
- Don't generate real people without consent, counterfeit goods, or deceptive product imagery — we enforce this.
The sections below are the legally complete version of those points.
1. What Fitable is
Fitable is an AI-powered product-photography and social-content platform for fashion e-commerce brands. The Services let you:
- Upload product photos and generate AI scene and model imagery, including virtual try-on style shots featuring synthetic, AI-generated models — not real persons.
- Import your storefront or website so Fitable can understand your catalogue.
- Analyze public Instagram feeds you identify to derive a brand profile — visual style, composition patterns, content direction — that guides generation.
- Plan and prepare social content based on that brand profile.
The Services are designed primarily for business customers, but anyone meeting the requirements in section 3 may sign up, including individual consumers. We describe the current feature set on fitable.es; features evolve over time, and we may improve, add or retire individual features as the product develops (material reductions in what you have paid for are treated as changes under section 19).
2. If you are a consumer
If you use the Services as a consumer resident in the EU or EEA — that is, for purposes outside your trade, business, craft or profession — you retain all mandatory protections of the consumer-protection law of your country of residence. Nothing in these Terms limits, excludes or replaces those protections, and wherever a clause of these Terms conflicts with a mandatory consumer right, the mandatory right prevails.
Clauses that matter especially for consumers: the right of withdrawal (section 6), statutory conformity rights (section 15), the liability rules (section 16), and the forum rules (section 20).
3. Your account
- You must be at least 18 years old to use the Services.
- If you act for a company or other organisation, you represent that you have authority to bind it to these Terms, and "you" then means that organisation.
- You must provide accurate information at sign-up and keep it up to date — in particular your email address, which is where we send legally relevant notices.
- You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at fitable.ai@gmail.com if you suspect unauthorized access.
- You may sign in with an email address and password or with Google. Our handling of Google sign-in data is described in the Privacy Policy.
- One person or organisation per account; you may not share credentials or transfer your account without our consent.
4. Plans, credits and billing
Subscriptions
- Subscriptions are billed in advance and renew automatically for successive periods of the same length, at the then-current price, unless you cancel first.
- Renewal notice — we will remind you by email at least 15 days before each renewal charge, telling you the amount and how to cancel.
- Cancellation is as simple as signing up: you can cancel from your account settings at any time, in a few clicks, without contacting support. Cancellation takes effect at the end of the current billing period; you keep access, and your remaining plan credits, until then.
- Payment is processed by Stripe. You authorise us to charge your chosen payment method for the subscription and any credit packs you buy.
Credits
- Generation features consume credits. Your plan grants a credit allowance each billing period, and you can buy credit packs — prepaid bundles purchased separately from a subscription.
- Credits have no cash value, are non-transferable between accounts, and cannot be redeemed for money except where the law or the Refund Policy requires a refund.
- Plan-granted credits expire at the end of the billing period in which they were granted; they do not roll over.
- Purchased credit-pack credits remain usable after your plan period ends, as described in the Refund Policy.
- If a generation fails for technical reasons, the credits it consumed are restored automatically — see the Refund Policy.
Taxes
- Prices shown at checkout state whether taxes are included.
- Where we are required to collect VAT or other taxes based on your billing details, they are itemised before you confirm the purchase.
- Business customers are responsible for any self-assessment obligations (such as reverse-charge VAT) that apply to them.
5. Price changes
We may change subscription prices with at least 30 days' notice by email or in-app notice.
- A price change never applies retroactively and never applies to a billing period you have already paid for.
- If you do not agree with a change, you may cancel before it takes effect.
- If you do nothing, the new price applies from your next renewal after the notice period.
6. Consumer right of withdrawal
If you are a consumer in the EU/EEA, you have the right to withdraw from a purchase within 14 days without giving a reason.
- Credit packs are digital content supplied immediately. At checkout we ask for your prior express consent to immediate delivery and your acknowledgment that you thereby lose the right of withdrawal (Article 16(m) of the Consumer Rights Directive; article 103(m) of the Spanish TRLGDCU), and we confirm this to you on a durable medium (email). If you do not give that consent, delivery waits until the withdrawal period ends and your right remains intact.
- Subscriptions that start immediately at your request can still be withdrawn from within 14 days; in that case we deduct a proportional amount for the service already provided (Article 14(3) of the Directive) and refund the rest.
The procedure, timelines and refund method are described in the Refund Policy. To withdraw, email fitable.ai@gmail.com — an unequivocal statement is enough.
7. Your content and the license you grant us
You retain full ownership of everything you upload or connect to Fitable — product photos, brand assets, storefront data, social data ("Customer Content"). These Terms do not transfer any ownership in Customer Content to us.
To operate the Services we need a limited license from you. You grant Fitable a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt and display Customer Content solely to provide, secure and support the Services, including the right to sublicense to the AI sub-processors named in the Privacy Policy (Google and fal.ai) solely so they can perform the generation requests you make.
What this license does not allow us to do:
- Use Customer Content for advertising or to promote Fitable without your separate written permission.
- Share Customer Content with third parties for their own purposes.
- Train our own AI models on it (section 11).
This license ends when your account terminates, except:
- for content embedded in outputs already delivered to you,
- for a backup window of up to 30 days after termination, and
- where we must retain content to comply with the law.
Our handling of personal data within Customer Content is governed by the Privacy Policy.
8. Your warranties about Customer Content
You represent and warrant that:
- You own or have all rights needed in the Customer Content you upload, including any releases or consents from real people depicted in it.
- Customer Content does not include third-party trademarks, branded goods or counterfeit products you do not have rights to use.
- Where you connect a storefront or point us at a social feed, you are entitled to have that source analyzed on your behalf.
- Your use of the Services, and your publication of outputs, complies with the laws that apply to you.
If a warranty in this section turns out to be false, that is a material breach of these Terms.
9. Generated outputs
Upon generation, Fitable assigns to you all right, title and interest Fitable may have in the images and other outputs generated for you, to the fullest extent permitted by law. You may use outputs commercially, subject to these Terms and applicable law.
Some honest caveats about AI outputs:
- AI-generated works may not qualify for copyright protection in some jurisdictions, so "ownership" may in practice mean fewer enforceable rights than for human-authored work.
- Outputs may be similar to outputs generated for other users, because AI models can respond similarly to similar inputs. We cannot guarantee uniqueness.
- We do not warrant that outputs are free of third-party rights.
Review outputs before publishing them commercially — especially where they depict recognisable styles, logos, garments or people.
10. AI transparency and content marking
- Where technically possible, outputs carry machine-readable markings identifying them as AI-generated, consistent with Article 50 of the EU AI Act, and our pipeline preserves those markings.
- You must not remove, alter or obscure those markings, whether in the file itself or in its metadata.
- When you publish AI-generated content — in particular realistic imagery of persons — you are responsible for your own disclosure obligations under the laws, advertising rules and platform policies that apply to you. Fitable's markings do not replace disclosures you are required to make.
11. No training on your content
Fitable does not use Customer Content or your generated outputs to train its own AI models. Our agreements with our AI model providers limit them to processing your content in order to deliver the generation you requested.
12. Acceptable use
What you must not do
You must not use the Services to:
- Generate the likeness of a real person without their documented consent.
- Create any sexualized depiction of minors — this prohibition is absolute, includes apparent minors, and admits no exception.
- Generate imagery of counterfeit goods, or use third-party brands, logos or trademarks you do not have rights to.
- Create deceptive or misleading product imagery — outputs presented as product photos must fairly represent the product being sold.
- Circumvent, disable or probe safety filters, content moderation or usage limits.
- Upload or generate content that is unlawful, defamatory, or that infringes the rights of others.
- Resell, sublicense or provide the Services to third parties as a service without our written agreement.
- Scrape the Services, reverse-engineer the platform, or attempt to extract the underlying models or their weights.
- Use automated means to place load on the Services beyond normal product use.
How we enforce
We enforce this policy proportionately. Ordinarily we warn first, suspend for repeated or serious violations, and terminate for grave or persistent abuse. For severe violations — above all any content sexualizing minors — we terminate immediately and may report to the competent authorities. Where the law requires it, we preserve evidence of the violation.
If you believe content generated or published through Fitable violates your rights, contact fitable.ai@gmail.com.
13. Connected platforms and imported sources
When you connect a storefront or ask Fitable to analyze a social feed:
- You remain responsible for complying with the terms of service of those platforms (for example, your e-commerce platform or Instagram).
- You confirm the source is your own brand's presence, or that you are authorised to analyze it on the brand's behalf.
- Third-party platforms may change or restrict access at any time; import and analysis features depend on that access and may be affected accordingly. We are not responsible for changes third-party platforms make to their services.
14. Fitable's intellectual property and feedback
Fitable and its licensors own the Services, including the platform, software, AI pipelines, prompt systems, designs, documentation and the Fitable name and branding. Except for the rights expressly granted in these Terms, no rights in the Services are transferred to you.
If you send us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you. Feedback never includes your Customer Content.
15. Service warranties and disclaimers
If you are a consumer, you benefit from the statutory conformity rights for digital content and services (Directive (EU) 2019/770 and its national implementations), including the remedies of bringing the service into conformity, price reduction and termination. Nothing in this section limits those rights.
For all other users, the Services are provided "as available", and we make no implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the extent such disclaimers are permitted.
AI generation is probabilistic by nature. Specifically, we do not guarantee:
- that any particular output will be accurate, unique or aesthetically acceptable to you,
- that outputs will be fit for a specific campaign, marketplace or purpose,
- that generation will never fail — failed generations are re-credited automatically (see the Refund Policy), or
- uninterrupted or error-free operation of the platform.
We work continuously on quality, safety and availability; these disclaimers describe the nature of AI systems, not a lack of care.
16. Liability
To the extent permitted by law, and for business customers:
- Fitable's total aggregate liability arising out of or related to the Services is capped at the fees you paid us in the 12 months preceding the event giving rise to the claim.
- Fitable is not liable for indirect or consequential damages, loss of profits, loss of business, loss of goodwill, or loss of data beyond our restoration obligations.
- You are responsible for the consequences of publishing outputs without the review described in section 9.
These limitations do not apply to liability arising from:
- willful misconduct (dolo),
- gross negligence,
- death or personal injury, or
- fraud.
None of these can be limited or excluded under Spanish law. If you are a consumer, this section applies only to the extent permitted by the mandatory consumer-protection law of your country of residence.
17. Your indemnity
If you are a business customer, you will defend and indemnify Fitable and its officers, employees and agents against third-party claims, and the reasonable costs of defending them, arising from:
- Customer Content that infringes third-party rights, including image rights of persons depicted,
- your breach of section 8 (warranties) or section 12 (acceptable use), or
- your publication of outputs in violation of applicable law.
We will notify you promptly of any such claim and let you control the defense, provided you do not settle in a way that imposes obligations on us without our consent. This section does not apply to consumers.
18. Suspension and termination
By you
You may terminate at any time by deleting your account, and you can cancel your subscription as described in section 4. Deleting your account does not by itself entitle you to a refund beyond what the Refund Policy provides.
By us
We may suspend or terminate your account:
- for material breach of these Terms, including section 12 — following the enforcement ladder there, except for severe violations,
- if required to comply with the law or a competent authority,
- for non-payment, after notice and a reasonable opportunity to pay, or
- if we discontinue the Services entirely — with at least 30 days' notice and a pro-rata refund of prepaid fees.
What happens on termination
- Your access ends and unexpired plan-granted credits lapse; purchased credit packs are handled per the Refund Policy.
- You have a 30-day window after termination to export your Customer Content and delivered outputs; we provide reasonable assistance on request.
- After the export window, we delete your content on the timeline described in the Privacy Policy.
- Sections that by their nature survive termination — including 9 (output assignment), 14 (IP), 16 (liability), 17 (indemnity) and 20 (disputes) — survive.
19. Changes to these Terms
- Material changes take effect no earlier than 30 days after we notify you by email or in-app notice. If you do not agree, you may terminate before they take effect; consumers receive a pro-rata refund of prepaid, unused subscription fees.
- Non-material changes (clarifications, typos, contact updates) take effect on posting.
- Prior versions are available on request at fitable.ai@gmail.com.
20. Governing law and disputes
These Terms are governed by the laws of Spain.
- Business users — disputes are subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
- Consumers — you may bring proceedings in the courts of your place of residence, and we may sue you only there. These Terms contain no mandatory arbitration and no waiver of collective redress.
- As alternative dispute resolution, consumers in Spain may turn to the consumer arbitration boards (Juntas Arbitrales de Consumo). Participation in a given arbitration is assessed case by case.
Before starting formal proceedings, we encourage you to contact us at fitable.ai@gmail.com — most disputes are resolved faster by conversation.
21. General
- Assignment — you may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger or sale, with notice to you.
- Severability — if a clause is held invalid, the rest remains in force, and the invalid clause is replaced by a valid one closest to its intent.
- No waiver — not enforcing a clause on one occasion does not waive it for the future.
- Entire agreement — these Terms, the Privacy Policy and the Refund Policy are the entire agreement between us regarding the Services and supersede prior discussions.
- Force majeure — neither party is liable for failure caused by events beyond its reasonable control; payment obligations already accrued are excluded from this clause.
- Notices — legal notices to Fitable go to fitable.ai@gmail.com; we send notices to your account email, and they are deemed received when delivered there.
- Language — these Terms are published in English, Spanish and Catalan. In case of discrepancy, the English version prevails, except where mandatory law grants you, as a consumer, the right to rely on the version in the language in which the Services were marketed to you.
22. Contact
- Legal notices: fitable.ai@gmail.com
- Support: fitable.ai@gmail.com
- Privacy: fitable.ai@gmail.com
