for the use of fit-check.me | Status as of: November 19, 2025
(1) These General Terms and Conditions (hereinafter "GTC") govern the business relationship between Jannik Netthöfel, Online- und Planungsdienstleistungen (hereinafter "Provider" or "we") and the users (hereinafter "User" or "you") of the platform fit-check.me as well as all associated applications and services (hereinafter "Services").
(2) The offer is aimed at both consumers (§ 13 BGB - German Civil Code) and entrepreneurs (§ 14 BGB).
(3) Deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the contract unless their validity is expressly agreed to in writing.
(1) The Provider provides an online platform that enables Users to edit images using artificial intelligence (AI), virtually try on clothes, and generate digital content (e.g., avatars, outfits).
(2) Nature of the Service: The creation of images is carried out by AI algorithms. The User acknowledges that the results are simulations. The Provider owes the effort to generate an image based on user inputs, but not a specific artistic success or an exact correspondence with reality (e.g., the fit of clothing).
(3) Availability: The Provider strives for the most uninterrupted availability of the Services possible. However, the Services may be temporarily restricted due to maintenance work, further development, or disruptions. There is no claim to availability at all times.
(1) Use of the Services requires the creation of a user account. The data requested during registration must be provided truthfully.
(2) Minor Users: The offer is generally aimed at persons who have reached the age of 18. Minor Users may only use the Services with the express consent of their legal guardians. The Provider reserves the right to make usage by minors dependent on proof of age or a declaration of consent from parents.
(3) The User is obliged to keep their access data secret. Activities that occur via the User's account are attributed to the User if they are responsible for third-party access. Parents are liable for the activities of their minor children in accordance with statutory provisions.
(1) Prices: The prices listed on the website at the time of the order apply. All prices for consumers include statutory VAT.
(2) Credits System: Certain functions of the Services (e.g., image generation, background removal) are provided in exchange for virtual units (herein referred to as "Shards" or "Tokens").
Acquisition: Shards can be purchased as packages (one-time purchase) or as part of a subscription.
Validity of One-time Purchases: Purchased Shards packages are generally valid indefinitely but are subject to the statutory limitation period (3 years at the end of the calendar year).
Validity of Subscriptions: Shards credited as part of a subscription remain valid during the active term of the subscription and are carried over to subsequent months. Upon termination of the subscription, accumulated subscription Shards expire finally and irrevocably when the termination becomes effective.
(3) Payment: Payment is made via the offered payment service providers (e.g., Mollie B.V.). The activation of Shards or Services takes place only after successful payment confirmation.
(1) Term: Subscriptions are concluded for the agreed minimum term (e.g., 1 month).
(2) Renewal: After the minimum term expires, the subscription extends automatically for an indefinite period unless it is terminated in due time.
(3) Termination:
You may terminate the extended subscription at any time with a notice period of one month.
Termination can be effected simply via the account settings on the website ("Cancellation Button") or in text form (e.g., e-mail).
(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the User violates the rules of use (§ 6).
(1) Rights to Private Content (Uploads):
The User retains all copyright and personal rights to the images uploaded by them ("Source Images").
To enable the technical provision of the service (e.g., virtual try-on), the User grants the Provider the simple, territorially unrestricted right to store these images on the Provider's servers, process them technically, and modify them using AI algorithms. This grant of rights serves exclusively for the fulfillment of the contract towards the User. Publication of these private Source Images by the Provider does not take place.
(2) Rights to Shared Content (Community Feature):
If the User actively decides to share generated results (e.g., outfits, avatars) publicly via the platform functions ("Share", "Publish", or "Community Upload"), they grant the Provider a simple, gratuitous, territorially and temporally unrestricted right to make this content publicly accessible on the platform, to store it, and to display it to other Users for viewing regarding this specific content.
(3) Guarantee of Legality:
The User expressly assures that:
a) they possess the necessary rights to all uploaded content (e.g., the right to one's own image);
b) the content does not violate applicable legal regulations.
(4) Prohibited Content:
The User is prohibited from uploading or generating content that violates the statutory provisions of the Federal Republic of Germany. This includes in particular, but is not limited to:
a) Content that violates the Criminal Code (StGB) or the Protection of Young Persons Act (JuSchG);
b) Content that infringes copyrights, trademark rights, or personal rights of third parties (e.g., photos of strangers without their consent);
c) Content that is unconstitutional, racist, or incites hatred.
(5) Responsibility:
The User is solely responsible for the content. The Provider performs no prior review of private uploads for legality. Should the Provider become aware of illegal content (e.g., through reporting or technical filters during an attempted publication), the Provider is entitled to delete this content immediately and block the User account.
(6) Indemnification (Claims regarding Content):
The User indemnifies the Provider against all claims by third parties asserted against the Provider due to the infringement of their rights by the content posted by the User. This also includes the costs of necessary legal defense.
(7) Indemnification (General):
The User indemnifies the Provider against all claims by third parties asserted against the Provider due to a violation of the aforementioned obligations or rights by the User.
Consumers are entitled to a statutory right of withdrawal.
Expiry of the right of withdrawal for digital content:
The right of withdrawal expires in the case of a contract for the supply of digital content (e.g., immediate provision of Shards) if the User has expressly consented to the Provider beginning the execution of the contract before the expiry of the withdrawal period, and the User has confirmed their knowledge that they lose their right of withdrawal by consenting to the commencement of execution.
(1) Statutory warranty rights apply, in particular the regulations for digital products (§§ 327 et seq. BGB).
(2) The Provider warrants the maintenance of functionality and necessary security updates during the contract period. Compatibility with every hardware or software environment of the User is not owed.
(1) The Provider is liable without limitation for damages resulting from injury to life, limb, or health, as well as for damages based on intent or gross negligence.
(2) In cases of slight negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper execution of the contract. In this case, liability is limited to the foreseeable, typically occurring damage at the time of the conclusion of the contract.
(3) Any further liability, in particular for the suitability of the generated images for a specific purpose (e.g., fit guarantee for clothing), is excluded.
The Provider reserves the right to amend these GTC insofar as this is necessary for valid reasons (e.g., changes in the law, expansion of the service offering). Amendments will be offered to the User in text form at least six weeks before the proposed date of their taking effect. Consent is deemed granted if the User does not object in text form before the proposed date on which the amendments take effect.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the Provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract.
(3) Online Dispute Resolution: The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/.
(4) Should individual provisions of these GTC be ineffective, the contract shall remain effective in all other respects.