FormFitter Terms of Service

Web Service | FormFitter LLC

These Terms of Service (the “Terms”) are a binding agreement between you and FormFitter LLC (“FormFitter,” “we,” “us,” or “our”). They govern your access to and use of formfitter, including the formfitter website, web application, account, subscription features, and related online services that link to these Terms (collectively, the “Service”).

By creating an account, clicking an acceptance box, purchasing a subscription, or using the Service, you agree to these Terms. If you do not agree, do not create an account, purchase a subscription, or use the Service.

Our Privacy Policy, available at https://formfitter.net/privacy, explains how we collect, use, disclose, retain, and protect personal information. It is incorporated by reference for purposes of describing our data practices, but it is not a separate contract requiring a second acceptance checkbox.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

The Service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, contact [email protected].

You may not use the Service if applicable law, export controls, or sanctions prohibit you from receiving the Service.

2. Accounts and Account Security

You may register with an e-mail address and password or through an available third-party sign-in provider, such as Google Sign-In. Google Sign-In does not require a separate formfitter password unless the Service expressly offers that option.

You must provide accurate account information and keep it current. Your first and last name are optional unless a particular feature clearly states otherwise. You may not impersonate another person or use an e-mail address that you are not authorized to use.

You are responsible for safeguarding your credentials and for activity under your account, except to the extent caused by our failure to use reasonable security measures. Notify us promptly at [email protected] if you suspect unauthorized access or misuse.

We may require e-mail verification, security checks, password resets, or additional authentication to protect users and the Service.

3. What formfitter Does

formfitter allows users to configure a digital avatar using selected body parameters and to preview, position, and work with three-dimensional cosplay assets and related project materials. Available features may include project storage, avatar configuration, rendering, import and export tools, and other functions described in the Service.

formfitter is a visualization and design tool. Digital previews and fit estimates may differ from real-world measurements, fabrication tolerances, material behavior, structural strength, comfort, visibility, mobility, or safety. You are responsible for independently verifying measurements and suitability before manufacturing, purchasing, selling, wearing, or using any item.

We may improve, modify, add, suspend, or discontinue features. When reasonably practicable, we will provide notice before a material change that significantly reduces paid functionality.

4. User Content, Projects, and Avatars

“User Content” means 3D models, files, textures, images, project data, avatar configurations, body parameters, measurements, text, feedback, and other materials that you upload, create, submit, store, or process through the Service.

As between you and FormFitter, you retain ownership of your User Content. You grant FormFitter a worldwide, non-exclusive, limited, royalty-free license to host, copy, transmit, format, render, display to you and persons you authorize, back up, and otherwise process User Content only as reasonably necessary to provide, secure, maintain, troubleshoot, support, and operate the Service; comply with law; and enforce these Terms.

This license ends when the relevant User Content is deleted from active systems, subject to the account-closure process, normal backup cycles, security records, legal obligations, and other retention described in the Privacy Policy.

We do not use private project files, avatars, or uploaded assets for advertising. We will not use them for a materially different purpose without updating our disclosures and obtaining any consent required by law.

You represent and warrant that:

• you own or have all rights and permissions needed to upload, store, modify, and use your User Content through the Service;

• your User Content and your use of the Service do not infringe or misappropriate intellectual property, privacy, publicity, contractual, or other rights; and

• your User Content and conduct comply with these Terms and applicable law.

5. Cosplay, Fan Works, and Third-Party Rights

Cosplay designs and assets may reference characters, costumes, logos, props, or fictional universes owned by third parties. FormFitter does not grant you any rights in third-party intellectual property and does not represent that a particular use is licensed, permitted, or protected as fair use.

You are responsible for determining whether you may lawfully create, upload, modify, manufacture, display, distribute, sell, or otherwise use an asset. We may remove or restrict access to content in response to a valid legal request, a copyright complaint, or a reasonable belief that the content violates these Terms.

formfitter is not affiliated with or endorsed by the owners of third-party franchises unless expressly stated.

6. Service Content and Limited License

The Service, including its software, interface, templates, documentation, graphics, trademarks, and content that is not User Content, is owned by FormFitter or its licensors and is protected by intellectual property laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the web Service for personal or internal business purposes during the applicable access period. No rights are granted except as expressly stated.

Except where a restriction is prohibited by law, you may not:

• copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Service or its non-user content;

• reverse engineer, decompile, disassemble, or attempt to derive source code or underlying components;

• scrape, crawl, or use automated means to extract data without our written permission;

• remove proprietary notices or use our marks in a way that suggests sponsorship or endorsement; or

• circumvent access, security, subscription, usage, or technical controls.

7. Subscriptions, Billing, and Taxes

Some features require a paid subscription. Before you subscribe, the checkout flow will display the price, currency, billing interval, included features, trial terms if any, automatic-renewal terms, and other material conditions.

Unless the checkout flow states otherwise, subscriptions automatically renew for successive billing periods until canceled. By subscribing, you authorize FormFitter and Stripe, our payment processor, to charge the payment method you provide for recurring subscription fees, applicable taxes, and other charges disclosed before purchase.

You must provide accurate billing information and keep your payment method current. If a payment fails, we may retry the charge, restrict paid features, or suspend the subscription after any notice required by law.

You may cancel through the account settings or the Stripe customer portal made available through the Service. Cancellation stops future renewals and ordinarily takes effect at the end of the current paid billing period. You will retain paid access until that date unless you separately request immediate account closure.

Except where required by law or expressly stated at checkout, subscription fees are non-refundable, and we do not provide credits or prorated refunds for partial billing periods, unused features, or an account closed before the end of a paid period.

We may change subscription prices or features. Price changes will apply no earlier than the next renewal after any notice required by law. You may cancel before the new price takes effect.

You are responsible for applicable taxes, excluding taxes based on FormFitter’s net income.

8. Acceptable Use

You may not use the Service to:

• violate law or engage in fraudulent, deceptive, abusive, harassing, or harmful conduct;

• infringe intellectual property, privacy, publicity, contractual, or other rights;

• upload malware, malicious code, corrupted files, or content designed to disrupt systems;

• gain unauthorized access to accounts, systems, data, or networks;

• circumvent subscription, security, authentication, usage, or rate-limit controls;

• design, facilitate, or promote functional weapons, unlawful harm, or prohibited items; lawful costume props are permitted only when they are not intended or readily usable as functional weapons;

• interfere with the Service or impose an unreasonable technical load;

• resell, timeshare, or provide unauthorized access to the Service; or

• use the Service or User Content to violate sanctions, export-control, or other trade restrictions.

9. Third-Party Services

The Service may interact with third-party services, including Google for sign-in and analytics, Stripe for payments, Amazon Web Services for hosting, and other vendors used to operate the Service. Third-party services are governed by their own terms and privacy practices. We are not responsible for services outside our control.

10. Feedback

If you voluntarily provide suggestions, ideas, or feedback about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not transfer ownership of your User Content.

11. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access if we reasonably believe that you violated these Terms, failed to pay amounts due, pose a security or legal risk, abused the Service, or if suspension is required by law. When appropriate, we may provide notice and an opportunity to correct the issue.

Upon termination or account closure, your right to use the Service ends, and your User Content and personal information are handled as described in Section 12 and the Privacy Policy. Sections that by their nature should survive will survive, including ownership, payment obligations, disclaimers, limitations of liability, indemnification, and dispute provisions.

12. Account Closure and Data Deletion

You may initiate account closure through the available account settings or by contacting [email protected]. The in-product “Delete Account” action closes access and starts the deletion process described below; it does not erase all data instantly.

If you do not have an active paid subscription, closure becomes effective when confirmed. If you have an active paid subscription, the closure flow may allow you to:

• close the account immediately, which ends access before the paid period expires and ordinarily does not create a prorated refund; or

• schedule closure for the end of the current paid billing period, which allows access until that date and stops future renewal.

When closure becomes effective, we disable access, cancel future subscription renewal, and ordinarily retain eligible account data, projects, avatars, and uploaded assets in a restricted recovery state for 180 days. If closure is scheduled for the end of a paid period, the 180-day period begins after that paid period ends.

After the 180-day recovery period, we delete or de-identify eligible data from active systems. Residual copies may remain temporarily in backups until overwritten through normal backup cycles. We may retain limited transaction, tax, accounting, fraud-prevention, security, dispute, consent, and legal records for longer where reasonably necessary or required by law.

This recovery process does not limit any privacy right that applicable law gives you. Verified privacy requests are handled under the Privacy Policy and applicable legal timelines, subject to lawful exceptions.

13. Copyright Complaints

If you believe content available through the Service infringes your copyright, send a notice to [email protected] containing sufficient information to identify the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature.

We may remove or restrict content and may terminate accounts of repeat infringers where appropriate.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FORMFITTER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH EVERY FILE, MODEL, BROWSER, DEVICE, MATERIAL, OR WORKFLOW. WE DO NOT WARRANT THAT A DIGITAL AVATAR OR ASSET PREVIEW WILL MATCH A USER’S BODY OR A FINISHED PHYSICAL ITEM.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMFITTER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FORMFITTER FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

These limitations do not apply to liability that cannot legally be limited or excluded.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless FormFitter and its affiliates, officers, employees, contractors, and service providers from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from your User Content, your violation of these Terms, or your infringement of another person’s rights. We may control the defense of any matter subject to indemnification, and you will reasonably cooperate.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought exclusively in the state courts located in Morris County, New Jersey, or in the United States District Court for the District of New Jersey, and each party consents to personal jurisdiction and venue there, except where applicable consumer law requires another forum.

Before filing a claim, you and FormFitter agree to make a good-faith effort to resolve the dispute by written notice. Notices to FormFitter must be sent to [email protected] and 24 Metzler Street, Stirling, New Jersey 07980.

18. Changes to These Terms

We may update these Terms. We will post the current version at https://formfitter.net/terms and revise the “Last Updated” date and version number. If a change materially affects your rights or an existing paid subscription, we will provide additional notice and request renewed acceptance where required. Continued use after the effective date of an update constitutes acceptance to the extent permitted by law.

19. General Terms

These Terms and any checkout disclosures are the entire agreement between you and FormFitter regarding the Service and replace prior agreements on the same subject. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective. A waiver must be in writing and does not waive future enforcement. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Headings are for convenience only.

20. Contact

FormFitter LLC

24 Metzler Street, Stirling, New Jersey 07980

Support: [email protected]

Privacy requests: [email protected]