Terms of Service

Last updated: June 3, 2026

Introduction & Acceptance

Welcome to Fit & Miss Ltd ("Fit & Miss," "we," "us," or "our"). By accessing, downloading, installing, or using our application, website, and related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Data Processing Agreement, and our Community Guidelines, all of which are incorporated herein by reference. If you do not agree, you must immediately cease all use of the Service.

We may update these Terms at any time. Material changes will be communicated via email to your registered address or via an in-app notice at least fourteen (14) days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. The current version is always available at fitormiss.com/terms.

1. Eligibility, Age Restriction & COPPA Compliance

Strict Age Requirement. You must be at least 18 years of age to create an account or use the Service. The Service is strictly intended for adults. If you are between 13 and 17, you may only use the Service with verified parental or legal guardian consent, and your parent or guardian must agree to these Terms on your behalf.
Children Under 13. In compliance with the Children's Online Privacy Protection Act ("COPPA") and equivalent international laws, Fit & Miss does NOT knowingly collect personal information from children under the age of 13. If we discover that an account belongs to a child under 13, we will immediately and permanently delete the account and all associated data without notice. If you believe a child under 13 has created an account, please notify us at support@fitormiss.com.
Verification & Misrepresentation. By registering, you represent and warrant that all information you provide is accurate, including your age. Providing false age information is a material breach of these Terms. We reserve the right to employ technical and manual age-verification measures at any time.
Legal Capacity. You represent that you have the full legal capacity to enter into this binding agreement and that your use of the Service does not violate any applicable law or regulation in your jurisdiction.

2. Account Registration & Security

Account Creation. To access certain features, you must register for an account using accurate, current, and complete information. You agree to keep your information updated.
Password & Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at support@fitormiss.com if you suspect any unauthorized use. We are not liable for any loss resulting from your failure to safeguard your credentials.
Account Transfer. Accounts are personal and non-transferable. You may not sell, trade, or otherwise transfer your account to any third party.
One Account Per Person. You may not create multiple accounts. Duplicate accounts may be terminated without notice.
Account Inactivity. Accounts inactive for twenty-four (24) consecutive months may be deactivated after prior notice to your registered email address. All associated personal data will be handled in accordance with our Privacy Policy.

3. User-Generated Content: License, Ownership & Responsibility

Fit & Miss allows you to upload, post, and share outfit photos, videos, text, captions, tags, comments, votes, and direct messages (collectively, "User Content").

Ownership. You retain all intellectual property rights in your original User Content. We do not claim ownership over your content.
License Grant. By uploading User Content, you grant Fit & Miss a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, modify, adapt, distribute, and otherwise use your User Content in connection with operating and improving the Service, including for promotional and marketing purposes. This license terminates within thirty (30) days of you deleting your content or account, subject only to the time required for technical processes such as backup rotation and CDN cache clearance.
User Responsibility. You are solely responsible for all User Content you submit. By uploading content, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and consents; (b) you have obtained explicit, documented consent from any identifiable individual appearing in your content; (c) your content does not violate any applicable law; and (d) your content does not infringe any third-party intellectual property, privacy, or publicity rights.
Right of Publicity & Third-Party Likeness. You must not upload images containing identifiable third parties without their explicit, prior written consent. Fit & Miss will not be liable for any right of publicity or privacy claims arising from User Content you upload. You agree to indemnify Fit & Miss for any such claims.
No Endorsement of Votes or Comments. Votes, ratings, and comments submitted by other users represent their personal opinions only and do not represent the views, positions, or endorsements of Fit & Miss in any way.

4. Community Guidelines & Content Standards

All use of the Service is subject to our Community Guidelines, which are incorporated into these Terms by reference. Violation of the Community Guidelines may result in content removal, account suspension, or permanent termination. The following is a summary of prohibited conduct; the Community Guidelines contain the full and binding standards.

Illegal Content: Any material that violates local, state, national, or international law.
Minors' Content: Any content that sexualizes, exploits, or endangers minors. Zero tolerance; violations are reported to NCMEC and law enforcement.
Sexual & Explicit Content: Pornography, nudity, non-consensual intimate imagery, and sexually suggestive content.
Non-Consensual AI-Generated Imagery: Deepfakes or synthetic media depicting real people without their consent.
Hate Speech & Discrimination: Content promoting violence, hatred, or discrimination.
Harassment, Doxxing & Threats: Targeted harassment, publication of private information, stalking, or threats.
Self-Harm & Dangerous Content: Content promoting suicide, self-harm, eating disorders, or dangerous behaviors.
Graphic Violence: Depictions of graphic violence, mutilation, or gore.
Drugs & Contraband: Promotion or facilitation of illegal drugs or controlled substances.
Intellectual Property Infringement: Content infringing third-party copyright, trademark, or other IP rights.
Spam, Bots & Inauthentic Behavior: Automated activity, vote manipulation, or coordinated inauthentic behavior.
Impersonation: Misrepresenting your identity or affiliation with any person or brand.

5. Content Reporting

You may report content that violates these Terms or our Community Guidelines using the "Flag" button available on every post. We review all reports and will take action consistent with our Trust & Safety policies. We aim to review reports within seventy-two (72) hours, though we do not guarantee any specific response time. Fit & Miss is not obligated to remove content that does not violate these Terms, and our moderation decisions are made at our sole discretion.

6. DMCA Copyright Policy & Takedown Procedure

Fit & Miss respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

Reporting Infringement. To report copyright infringement, submit a written notice to: legal@fitormiss.com. Your notice must include: (1) a physical or electronic signature of the rights holder or authorized agent; (2) identification of the copyrighted work; (3) identification of the infringing material and its location on our Service; (4) your contact information; (5) a good-faith belief statement that the use is unauthorized; and (6) a statement under penalty of perjury that the information is accurate.
Counter-Notice. If your content was removed in error, submit a counter-notice to legal@fitormiss.com including: (1) your signature; (2) identification of the removed material; (3) a statement under penalty of perjury that removal was a mistake; and (4) your name, address, phone, and consent to the jurisdiction of the applicable Federal District Court.
Repeat Infringer Policy. We maintain a strict policy of terminating accounts of repeat copyright infringers, in accordance with DMCA safe harbor requirements.

7. Section 230 Notice

Fit & Miss is an interactive computer service as defined by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Fit & Miss is not the publisher or speaker of any User Content and is not liable for third-party User Content posted on or transmitted through the Service.

8. Commercial Activities, Advertising & Third-Party Links

Advertising. The Service may display advertisements, sponsored content, product placements, and affiliate links. You are not entitled to compensation for advertising displayed in connection with your content unless a separate written monetization agreement exists.
Affiliate Disclosures. Certain links may be affiliate links through which Fit & Miss earns a commission, disclosed in compliance with FTC Endorsement Guidelines.
Third-Party Transactions. Fit & Miss does not endorse or assume responsibility for any third-party products or services. Transactions through third-party links are solely between you and that retailer.
No Professional Advice. All content, votes, and feedback are for entertainment and community purposes only. Nothing constitutes professional fashion, medical, legal, financial, or other professional advice.
Subscription & Billing. If Fit & Miss introduces paid features, applicable pricing, billing cycles, cancellation rights, and refund policies will be presented to you at the time of purchase and incorporated into these Terms. All fees are non-refundable except where required by applicable law.
Export Controls & Sanctions. The Service may not be used in or by individuals or entities in jurisdictions subject to US export controls or OFAC sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.

9. Intellectual Property of Fit & Miss

Except for User Content, all content, software, technology, design, trademarks, service marks, logos, and other intellectual property comprising the Service are owned by or licensed to Fit & Miss and protected by applicable IP laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only. You may not copy, modify, distribute, sell, or sublicense any Fit & Miss intellectual property without our prior written consent.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIT & MISS LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIT & MISS LTD, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO FIT & MISS IN THE PRECEDING SIX (6) MONTHS, OR (B) ONE HUNDRED US DOLLARS ($100.00 USD).

Cybersecurity Incidents. Fit & Miss shall not be liable for unauthorized access, data breaches, or data loss, except where directly caused by our own gross negligence or willful misconduct.
User Behavior. Fit & Miss is not liable for emotional distress, reputational harm, or damages resulting from votes, comments, or conduct of other users.
Jurisdictional Variations. Some jurisdictions do not allow exclusion of certain liabilities; our liability in such jurisdictions is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Fit & Miss Ltd, its founders, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (i) your use of the Service; (ii) your User Content; (iii) your violation of these Terms or Community Guidelines; (iv) your violation of any third-party right; or (v) your violation of any applicable law.

13. Dispute Resolution, Binding Arbitration & Class Action Waiver

Informal Resolution. Before filing any formal dispute, contact us at legal@fitormiss.com and attempt resolution informally for at least thirty (30) days.
Binding Arbitration. Unresolved disputes shall be resolved by binding individual arbitration administered by JAMS under its applicable rules, in Wilmington, Delaware. The arbitrator's decision is final and binding. CLASS ACTION WAIVER. YOU AND FIT & MISS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND FIT & MISS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Exception. Either party may seek emergency injunctive or equitable relief from a court to prevent irreparable harm pending arbitration.
Opt-Out. You may opt out of binding arbitration within thirty (30) days of first accepting these Terms by emailing legal@fitormiss.com.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms or Community Guidelines. Upon termination, your license to use the Service ceases immediately. Sections 3, 6, 10, 11, 12, 13, and all provisions that by their nature should survive, shall survive termination.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of state and federal courts in Wilmington, Delaware.

16. Force Majeure

Fit & Miss shall not be liable for any delay or failure to perform resulting from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, government action, power failures, or internet outages.

17. General Provisions

Severability. If any provision is found invalid, the remaining provisions continue in full force.
Entire Agreement. These Terms, together with the Privacy Policy, DPA, and Community Guidelines, constitute the entire agreement between you and Fit & Miss.
Waiver. Our failure to enforce any right does not constitute a waiver of that right.
Assignment. You may not assign your rights under these Terms. Fit & Miss may assign its rights to any affiliate or successor.
Accessibility. We strive to make the Service accessible. If you require an accommodation, contact us at support@fitormiss.com.
Contact. Legal notices: legal@fitormiss.com. General support: support@fitormiss.com.