Last modified: September 13, 2024
Welcome to Muse: AI Fit-Check ("Muse"). Let's get to it.
We wrote these Terms of Service ("Terms") so you can understand the rules that apply when you use our service ("Service"). While we've tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There's a good reason for that – these Terms do indeed form a legally binding contract between you and Muse, so please read them carefully.
In order to use the Service, you must accept these Terms, which are presented to you when: you first open the Service prior to tapping "Get Started" and whenever we make a substantial change to the Terms. If you don't accept the Terms you won't be able to use the Service. These Terms cover all our Service and as such you only need to accept them once.
Our Service is not intended to be used by anyone under 16 years old. However, if you're under 16, you can create an account and use the Service only if your country of residence legally allows for a lower age and as long as that lower age is not less than 13 years old. No one under 13 is allowed to create an account or use the Service. You must also be old enough to contract with our Service, including the processing of your data in your country. It is important that you provide us with accurate information about your age, as it allows us to provide a safe and positive experience for all of our users.
By using the Service, you state that you can form a binding contract with Muse and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
The Service is primarily intended for personal use. If you wish to use the Service for businesses or commercial purposes, please contact us via our support channels.
In order to use the Service, you are required to create an account. Just follow the steps in the app to do so. Here is some important information about your Muse account.
One account per person. We're all unique and so your account should be too. That means you:
We ask you to share your first name and last name when you create an account. This is the name that will be displayed when you use the Service. You must use your real first name and last name. Remember, most of the data in your profile is public and will be visible to people using the Service. This means that friends of friends can find you via public friend lists, through search, or through suggestions made by Muse. Your profile may also be visible to a larger number of Muse users depending on your use of the Service.
You'll need an active phone number to create an account. We require you to verify your phone number during the registration process to prevent others from creating accounts with it. We'll send a text message containing a verification code to the phone number you provide. To complete the registration, you'll need to enter the received code.
Please note that your Muse account is tied to your phone number. To continue using our Service, make sure your phone number remains valid. If your phone number becomes invalid, you won't be able to access your account anymore.
During registration we may request access to your device's location. You can turn your device's location data on and off at any time through your device settings. Just remember that some Service only work when device location is turned on. We understand, of course, that there may be times where you don't want to share your location data. We provide more details on this in our Privacy Policy.
In order to interact with your friends on the Service, we'll ask for permission to access your contacts. This will let you add friends who are already using our Service and invite others from your contacts who haven't yet joined. Please keep in mind that your carrier may charge you for sending text messages when inviting friends, depending on your data plan.
You can turn on notifications to stay updated on your AI fit-checks, friend interactions, new style suggestions, and much more.
Account security is important to us. Since there are no password requirements, it's essential to protect your phone with a strong password and avoid letting others use your account. If you suspect any fraudulent activity or unauthorized use of your account, please let us know immediately via our support channels. We'll do our best to help you as quickly as possible. To help protect your data you should use a lock screen in case your phone gets lost or stolen.
We want to offer you an interconnected experience when using the Service that make up Muse: AI Fit-Check. Our service include AI-powered outfit analysis, style suggestions, social sharing features, and more.
Muse: AI Fit-Check grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service' benefits in a way that these Terms allow.
The Service that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings. When the updates are not necessary for a Service's digital compliance, you'll have the right to refuse the update or, where applicable, uninstall the app.
Our Service is for humans only—no AI or bots!
You may not copy, modify, distribute, sell, or lease any part of our Service. Nor may you reverse engineer or attempt to extract the source code of any of the software that form our Service, unless laws prohibit these restrictions, or you have our written permission to do so. However, we do love to partner with great companies, awesome engineers, and really creative designers, so don't hesitate to reach out through our support channels.
Extracting data from our Service, including our website, via an automated process, such as a bot, a web crawler or any other means is strictly prohibited. You may not scrape Muse: AI Fit-Check Service for any purposes, especially not for the purposes of selling people's data.
You may not access or collect data from our Service using automated means (without our prior permission) or attempt to access data you do not have permission to access. We also reserve all of our rights against text and data mining.
When you use our Service you may create a profile, upload outfit photos, receive AI fit-checks, share style suggestions, add comments, geolocation, interest points, and any other content ("Content").
You own the Content you share through our Service. However, Muse: AI Fit-Check needs to use your Content to let you enjoy our Service. Therefore, in exchange for using our Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the Content you publicly share in any and all media or distribution methods as well as to provide, promote, and improve our Service. This license authorizes us to make this Content available to the rest of the world and to let others do the same. Additionally, you also agree that this license grants Muse: AI Fit-Check the right for the duration of your use of the Service to make this Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, marketing purposes or publication on other media and Service. Such additional uses by Muse: AI Fit-Check, or other companies, organizations, or individuals, is made with no compensation paid to you with respect to the Content as the use of our Service by you is hereby agreed as being sufficient compensation.
Finally, Muse: AI Fit-Check is free to use any feedback, comments, or suggestions you may provide regarding our Service. We can use them to develop any materials, items, features, or other Service.
Your privacy matters to us. You can learn how your data is handled when you use our Service by reading our Privacy Policy. Please read it!
We respect the rights of others, and so should you. You, therefore, may not use the Service, or enable anyone else to use the Service in a manner that:
Our Service exist to provide a safe space for everyone to improve their style and freely share fashion experiences. We especially do not tolerate hijacking or misusing our Service to monitor or stalk people, such behavior will result in an immediate ban.
We work hard to keep our Service a safe place for all users, but we need your help. By using the Service, you agree that:
We also care about your safety while using our Service. So please don't use our Service in a way that would distract you from obeying traffic or safety laws. For example, never use the Service while driving, cycling, scootering, rollerblading (you get the idea).
Some direct purchases can be made within our Service to access additional features, we refer to those collectively as the "Paid Service". The characteristics of Paid Service and their current prices are specified in the Service.
We provide our Service internationally. As a result, the prices of the Paid Service may vary depending on several factors, and will be detailed for each Paid Service. We also regularly test new features and offers. You will be informed of the applicable price prior to purchasing the relevant Service.
The purchase process for Paid Service is handled by the mobile application marketplace of your device's operating system. In order to make a purchase, you must have a user account on Google Play for Android or the App Store for iOS.
The stores are our partners but they are not us. Please carefully read the terms and conditions of these application marketplaces. We are responsible for delivering the Paid Service, but the application platform is responsible for the management of your order, your payment, and withdrawal rights when applicable. The refund policies for the App Store are available here, and those for the Google Play Store are available here; they may depend on your country/region.
We do not offer a right of withdrawal for purchases of any Paid Service, as the Paid Service is duly performed by us upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree that the Paid Service is available immediately after purchase and that you are not entitled to cancel this purchase or use your right of withdrawal regarding this purchase (unless otherwise provided by your mobile application marketplace).
If you use a service, feature or functionality that is operated by a third party and made available through our Service (including Service we offer jointly with the third party), each party's terms will govern the respective party's relationship with you. Muse: AI Fit-Check is not responsible or liable for a third party's terms or actions taken under the third party's terms.
While we are not under any obligation to preemptively monitor the Content people share through our Service, we want our Service to be a safe place free from hate and derogatory content. Content that violates another person's rights, or does not comply with laws, rules, regulations, or these Terms is prohibited. If you see any illegal Content, you can report it to us through the reporting feature in the app.
If you believe your Content has been copied in a way that infringes on your intellectual property rights, you can report this directly in the Service or by contacting us through our support channels.
We may temporarily or permanently suspend your account and prevent you from using our Service if we have determined that you have shared illegal Content or used our Service in a way that violates another person's rights, or does not comply with laws, rules, regulations, or these Terms. Suspension duration can vary and would always be proportionate to your breach.
When a user reports content on Muse: AI Fit-Check (e.g., an outfit photo, comment, style suggestion) we take action based on our Terms of Service and other relevant policies. If the reported content violates these guidelines, we delete it and suspend the reported user from Muse: AI Fit-Check. After reviewing the reported content, we inform the reporter of our decision (if the content has been deleted or not and for what reason). When we delete content or take action against a user's account, we always inform the user, including the reasons for the decision.
If your misuse is of a particularly serious nature, we may suspend your access to the Service and your account immediately. To determine the suspension of your access to the Service and your account, we may take into consideration the number of manifestly illegal content, manifestly unfounded notifications, complaints and the seriousness of such misuse, including its consequences.
To protect you, other users, and our Service, we may also temporarily suspend your account in the event that we detect abnormal activity which could present technical or security risks to you, other users or our Service. You can also delete your account at any time via the settings of the Service.
When moderating content on Muse: AI Fit-Check, we categorize actions into three main areas: maintain content, remove content, and suspend accounts:
When we take action against content or an account, we will always inform you, clearly explaining the reasons for our decision.
Our human moderators actively engage in manual content reviews to identify potential violations of our Terms of Service and instances of Illegal Content. Additionally, we conduct proactive verifications for specific high-priority categories of content that may potentially violate our policies.
Our human moderators can be equipped with a range of tools and resources to facilitate their review process. These tools assist review teams by prioritizing content based on severity and the likelihood of a policy violation. Our review systems leverage technology to prioritize high-severity content, aiming to mitigate harm effectively.
We're relentlessly improving our Service. This means that we may add or remove functionalities, and we may also suspend or stop the Service altogether. We may take any of these actions at any time, and when we do, we will do our best to notify you beforehand.
Though we hope you remain a lifelong user, you can terminate these Terms at any time and for any reason by deleting your account.
Muse: AI Fit-Check may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we'll try to give you advance notice, we can't promise we will. Our right to terminate these Terms means that we may stop providing you with any Service or impose new or additional limits on your ability to use the Service. For example, we may deactivate your account due to prolonged inactivity (12 months).
Regardless of who terminates these Terms, both you and Muse: AI Fit-Check continue to be bound by Sections 2, 8, 14, 22 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Muse: AI Fit-Check and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorney fees) due to, arising out of, or relating in any way to (a) your access to or use of the Service; (b) your Content and (c) your breach of these Terms.
The Service is provided "as is" and "as available" and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while Muse: AI Fit-Check attempts to provide a best-in-class user experience, we do not represent or warrant that (a) the Service will always be secure, error-free or timely; (b) the Service will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Service will be timely or accurate.
If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.
Muse: AI Fit-Check and our affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Muse: AI Fit-Check, nor affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
Muse: AI Fit-Check and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from (a) your use of the Service or inability to use the Service; (b) your access to or inability to access the Service; (c) the conduct or content of other users or third parties on or through the Service; or (d) unauthorized access, use or alteration of your content. In no event will Muse: AI Fit-Check or affiliates aggregate liability for all claims relating to the Service exceed the maximum extent permissible in your country of residence.
If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.
If you have a concern, let's talk. We encourage you to contact us first through our support channels and we'll do our best to resolve the issue.
To the extent these Terms permit to initiate litigation in a court, both you and Muse: AI Fit-Check agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Service will be litigated exclusively in the courts of Germany, unless this is prohibited by the laws of the country where you reside. You and Muse: AI Fit-Check consent to the exclusive jurisdiction of those courts.
The laws of Germany govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of Germany to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
Also, in accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the EU by extrajudicial means. This service can be accessed at the following address: https://webgate.ec.europa.eu/odr/.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
We'd love to hear from you. Feel free to contact us through our support channels if you have questions or if you have feedback regarding our Service.
For enquiries related to the Digital Service Act (DSA), Muse: AI Fit-Check has designated a single point of contact for Member States' authorities, the European Commission, and the European Board for Digital Service. Enquiries can be sent by email to your_dsa_email_address in English or French. This email should not be used for any other purpose.