Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Fabify web application and related services (the "Service"). Fabify is operated by 1048035 B.C. LTD., a corporation incorporated under the laws of Ontario, Canada, with its registered office at Office #645 145 ½ Church Street, Unit 5, Toronto, Ontario, M5B 1Y4, Canada ("Fabify," "we," "us," or "our").
By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
Please read these Terms carefully. They contain important information about your rights and obligations, including limitations of liability and dispute resolution procedures.
1. Eligibility
You must be at least 13 years of age to use Fabify. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement.
2. Account Responsibility
To access the Service, you must create an account by providing accurate, current, and complete information, including your name and email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately at support@fabify.app if you suspect any unauthorized use of your account. We are not liable for losses arising from unauthorized access to your account unless caused by our negligence.
3. Description of Service
Fabify is a personal styling assistant that helps you organize your wardrobe and receive outfit recommendations from the clothing you already own. The Service includes:
- Uploading and managing photos of your clothing items
- Automated organization and categorization of your wardrobe
- Personalized outfit recommendations based on your preferences and context
- Image processing to present your clothing in a consistent visual format
Fabify does not sell clothing, operate as a marketplace, or provide professional fashion advice. Outfit recommendations are provided for informational and convenience purposes only. You acknowledge that you are not relying on any representations outside these Terms.
4. Beta Program and Founding Member Status
4.1 Beta Program
Fabify was initially offered as a private beta free of charge. During the beta period, features may have changed, been added, or removed without prior notice. The beta period ends when paid subscription plans become available.
4.2 Founding Member Program
Users who participated in the beta program and subscribe to a paid plan within fourteen (14) days of paid launch are eligible for Founding Member pricing. Founding Member pricing provides a reduced annual subscription rate, as described on the pricing page at the time of enrollment.
Founding Member pricing is subject to the following conditions:
- Available on annual billing only.
- Maintained for as long as the subscription remains active and in good standing.
- Preserved if you upgrade to a higher tier (the Founding Member rate for the new tier applies).
- Reset to standard pricing if you downgrade to a lower tier.
- Forfeited if your subscription is cancelled, expires, or lapses. Re-subscribing after cancellation is at standard pricing.
Fabify reserves the right to modify or discontinue the Founding Member program for new enrollments at any time. Existing Founding Members will not be affected by such changes while their subscription remains active.
5. Consent and Agreement Formation
By creating an account, you affirmatively agree to these Terms and our Privacy Policy. This agreement is formed electronically in accordance with the Electronic Commerce Act, 2000 (Ontario), which recognizes electronic contracts as legally valid.
We recommend that you save or print a copy of these Terms for your records at the time of account creation.
6. User Content
6.1 Ownership
You retain all ownership rights in the content you upload to Fabify, including photos of your clothing items ("User Content").
6.2 License Grant
By uploading User Content, you grant Fabify a limited, non-exclusive, worldwide, royalty-free license to use, process, store, display, and modify your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or your account, except where retention is required by law.
6.3 Representations
You represent and warrant that you have all necessary rights, licenses, and permissions to upload your User Content, and that your content does not infringe any intellectual property or privacy rights of third parties.
6.4 Content Restrictions
You agree not to upload content that:
- You do not own or have the right to use
- Is unlawful, harmful, threatening, defamatory, or otherwise objectionable
- Contains malicious code, viruses, or harmful software
- Infringes any intellectual property or privacy rights of third parties
6.5 Backups
Users are encouraged to maintain their own copies of uploaded images. Fabify is not responsible for loss of User Content except as required by applicable law.
7. Intellectual Property
Fabify owns all rights in the Service, including proprietary technology and methods, visual design, branding, logos, and all related intellectual property. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms. The Fabify name, logo, and all related marks are trademarks of Fabify. You may not use them without our prior written consent.
8. Acceptable Use
You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You may not:
- Reverse-engineer, decompile, or extract source code from the Service
- Attempt to extract or replicate AI model behavior
- Conduct adversarial testing or prompt injection against AI features
- Use automated tools, bots, or scrapers to access the Service
- Use the Service to build a competing product or service
- Interfere with or disrupt the Service's infrastructure or security
- Upload malicious code or content
- Impersonate another person or misrepresent your identity
- Violate any applicable law or regulation
Fabify may suspend or terminate accounts engaged in abusive or harmful behavior, in accordance with Section 12.
9. Third-Party Services
Fabify integrates with third-party services to deliver its features, including workflow automation providers. Your use of these integrated services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party services, or for downtime, failures, or interruptions caused by third-party services.
10. Fees and Payment
10.1 Subscription Plans
Fabify offers subscription-based access to the Service through multiple tiers with different feature sets, wardrobe limits, and usage allowances. Current plans and pricing are described on the pricing page at fabify.app. Features, limits, and pricing for each tier may be updated from time to time.
10.2 Billing
Subscriptions are available on a monthly or annual billing basis. Monthly subscriptions are billed at the start of each billing cycle. Annual subscriptions are billed as a single upfront payment for twelve (12) months of access. All fees are in US dollars unless otherwise stated.
Subscriptions automatically renew at the end of each billing cycle (monthly or annually) at the then-current rate, unless cancelled before the renewal date. You will receive notice before any renewal at an increased rate.
10.3 Free Trial
Fabify may offer a free trial period for new users. The trial provides limited access to the Service as described on the pricing page. No payment is required during the trial. At the end of the trial period, access to outfit generation features will be suspended until a paid subscription is activated. Items uploaded during the trial are retained and carry over to a paid subscription.
10.4 Upload Limits
Each subscription tier includes a monthly upload allowance and a maximum wardrobe size. Upload allowances reset on each billing date and do not roll over to subsequent months. Current limits for each tier are described on the pricing page.
10.5 Cancellation
You may cancel your subscription at any time. Upon cancellation:
- Monthly subscriptions: Access continues through the end of the current billing period. No further charges will be applied.
- Annual subscriptions: Access continues through the end of the annual term. Refunds for annual subscriptions are available within fourteen (14) days of purchase. After fourteen (14) days, no refund is issued, but access continues through the remainder of the term.
After your subscription ends, your wardrobe data is retained for ninety (90) days. During this period, you may resubscribe to restore full access. After ninety (90) days, your data may be deleted in accordance with our Privacy Policy.
10.6 Price Changes
We reserve the right to change subscription pricing. If we increase prices, we will provide at least thirty (30) days' advance notice. Price increases will take effect at the start of your next billing cycle following the notice period. You may cancel before the new pricing takes effect.
10.7 Consumer Rights
Fabify complies with all applicable consumer rights under the Consumer Protection Act, 2002 (Ontario), including required disclosure and cooling-off periods for remote agreements. Where these Terms conflict with mandatory consumer protection rights, the consumer protection rights shall prevail.
11. Consumer Rights
Nothing in these Terms is intended to limit or exclude any warranties, rights, or remedies that cannot be excluded or limited under applicable law, including the Consumer Protection Act, 2002 (Ontario). Where these Terms conflict with mandatory consumer protection rights under applicable law, the consumer protection rights shall prevail. For clarity, the rights you have under applicable consumer protection legislation are in addition to, and not replaced by, any rights set out in these Terms.
12. Termination
12.1 By You
You may cancel your subscription at any time in accordance with Section 10.5. Cancelling a subscription does not delete your account. You may separately request deletion of your account and all associated data by contacting us at support@fabify.app. Upon account deletion, we will remove your User Content in accordance with our Privacy Policy.
12.2 By Us
We may suspend or terminate your access to the Service for violations of these Terms, security concerns, or operational reasons. Where practicable, we will provide advance notice and an explanation. Upon termination, your right to use the Service ceases immediately.
12.3 Effect of Termination
Upon termination, your right to use the Service ends immediately. Sections related to intellectual property, limitation of liability, indemnification, dispute resolution, and governing law survive termination.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure. Outfit recommendations are generated by AI algorithms and may not always be accurate, appropriate, or suitable for your specific circumstances. You use the Service and its recommendations at your own discretion and risk. This disclaimer is subject to Section 11 (Consumer Rights). Nothing in this section excludes or limits any implied warranty or deemed warranty that cannot be excluded under the Consumer Protection Act, 2002 (Ontario) or other applicable law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FABIFY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) CAD $100, OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
This limitation is subject to Section 11 (Consumer Rights) and does not apply to liability that cannot be limited or excluded under applicable law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Fabify and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your User Content, including any intellectual property infringement claims
- Your violation of these Terms
- Your violation of any rights of a third party
16. Dispute Resolution
16.1 Informal Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith informal negotiation for a period of thirty (30) days. To begin this process, you must send a written description of the dispute to us by email.
16.2 Jurisdiction
If the dispute cannot be resolved informally, it shall be resolved exclusively in the courts of the Province of Ontario, Canada. You agree to the exclusive jurisdiction of the Ontario Superior Court of Justice for any disputes arising from or related to these Terms or your use of the Service.
16.3 Voluntary Arbitration
After a dispute arises, the parties may mutually agree in writing to resolve the dispute through binding arbitration in Ontario, Canada, in accordance with the Arbitration Act, 1991 (Ontario). For clarity, no party is required to submit to arbitration prior to a dispute arising, consistent with Section 7 of the Consumer Protection Act, 2002 (Ontario).
17. Force Majeure
Fabify is not liable for failure or delay in performance resulting from events beyond reasonable control, including infrastructure outages, natural disasters, labour disputes, governmental actions, pandemics, or telecommunications interruptions.
Fabify is not responsible for loss of User Content resulting from force majeure events. Users are encouraged to maintain their own copies of uploaded content.
18. Modifications to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Revise the "Effective Date" and "Last Updated" dates at the top
- Provide at least 30 days' advance notice by email or through the Service
- Give you the opportunity to review the changes before they take effect
Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service and may request account deletion.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fabify regarding the Service and supersede all prior agreements.
19.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be deemed severed from these Terms.
19.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to be bound by these Terms.
19.5 No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Fabify.
19.6 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Fabify
1048035 B.C. LTD.
Office #645 145 ½ Church Street, Unit 5,
Toronto, Ontario, M5B 1Y4, Canada
Email: support@fabify.app
Website: https://fabify.ai