Brand Terms
Version 0.1 · Fitm SpA · Español
These terms are the agreement between Fitm SpA (Chilean tax ID 78.515.924-1), with its address at Av. Providencia 1208, office 207, Providencia, Región Metropolitana, Chile, hereinafter "Fitm" or "we", and the brand that creates a brand account on Fitm, hereinafter "the brand" or "you".
They are added to Fitm's Terms and conditions and Privacy policy, which also apply to brand accounts. If anything here conflicts with the Terms, these terms prevail in everything that concerns brands.
You accept them when you create your brand's account. Whoever creates it declares that they are authorised to represent the brand and to bind it to this agreement.
These terms are written in Spanish and are also available in English. If the two versions differ, the Spanish version prevails.
1. What a brand account is
A brand account is for running your brand's page on Fitm:
- claim the page if it already exists because people added your items, or create it if it doesn't;
- upload your catalog: your items, their studio photos, their launch prices and their links;
- write its text, its origin and its Instagram, and add your logo;
- announce launches that people can ask us to notify them about;
- see your brand's statistics, once you have them.
A brand account is not a shop: nothing is sold on Fitm. People mark your items as "I own it" or "I want it" and can go to your official page through the links you add.
2. Verification
- We verify that the brand is yours with the email address of its website or with a direct message from its Instagram to @fitm_app. A moderator also reviews it by hand.
- We may reject or withdraw verification if it can't be confirmed, if the brand is not the one you say, or if you don't follow these terms.
- Verifying the page is free.
- Your team can have up to 5 people, counting invitations. The account owner answers for what their team does on Fitm.
3. Your catalog
- What you publish has to be true: real items from your brand, with their real name, type, colours and launch price.
- The launch price is shown exactly as you write it and in your currency, without converting it. It is a guide: Fitm doesn't guarantee it or sell at that price.
- Links have to lead to your official page or to an authorised shop.
- Your items are approved straight away, but we may review them, correct wrong details or remove them if they don't follow these terms or the community rules.
- Once approved, your items are part of the catalog: people have them in their collections, their fits and their journal. That's why, if you leave, the items stay (see section 9).
4. Your photos
- The photos you upload have to be the brand's or used with permission, and they can't infringe anyone's rights (photographers, models, other brands).
- The photo is still yours. By uploading it you give us a free, non-exclusive, worldwide licence to:
- show it on Fitm: on your page, on your items' pages, in the app and on the fitm.app website, while it is in your catalog;
- make technical copies: other sizes, other formats and thumbnails;
- use it to promote Fitm (for example, on our social media, in ads or on Fitm's page in the app stores), always saying that it is your brand's. If you'd rather a photo isn't used for this, write to us and we will stop using it in anything we publish from then on.
- Your photos are shown as you deliver them: Fitm doesn't retouch them.
- If you choose one of your photos as the catalog photo of an item, it replaces the one that was there. People's photos are not deleted: they stay in "In the community".
- If you remove a photo, it stops being shown. Technical copies may remain for a short time until they are deleted.
5. What people made belongs to people
- Your account can't change or remove anyone's photos, fits, days or collections, or the items people added.
- You never message anyone first: Fitm doesn't give you people's details so that you can contact them.
- If an item page under your brand isn't yours (a replica, an invention, a mistake), let us know and we will review it.
6. Your statistics
- Your brand's numbers are always totals. We never tell you who has, wants or wears your clothes.
- Anything that comes from fewer than 5 people is not shown, so that nobody can be identified.
- The numbers are a guide: they come from what people mark on Fitm, not from your sales.
- You may not try to find out who is behind a number or cross it with other data to identify anyone.
7. Founding brands and price
- Statistics and other advanced features for brands are paid.
- Brands that join before Fitm's public launch are founding brands: they get statistics free for the first 6 months from the day their page is verified. The exact date is shown in your panel, under Statistics.
- After that they cost CLP 14,990 a month, VAT included (Chilean pesos), or CLP 149,990 a year, VAT included. They are paid on Fitm's website, and Fitm SpA gives you an electronic invoice. Nothing is bought inside the app: there you only see the statistics you already have.
- Brands that join after the launch can get at most one month free when they join.
- When the free period ends, nothing is charged automatically: to keep the statistics you will have to subscribe yourself. If you don't, your page stays the same and you only stop seeing the statistics.
- If the price changes, we will tell you at least 30 days in advance, and it will never change before the end of what we already offered you for free.
8. Before the launch: confidentiality
If you join as a founding brand, Fitm is not yet open to the public. In the meantime:
- Don't promote Fitm or announce that you are on Fitm (social media, press, your website, your shop) until we tell you. We will tell you by email and in your panel at least 7 days in advance, so that you can prepare.
- Anything you see of Fitm that isn't public (features, screens, plans, numbers) is confidential: don't share it.
- From the date we tell you, you can say you are on Fitm as much as you like, and use Fitm's name and logo to say it (for example, "Find us on Fitm"), always without changing them.
9. If you leave
- You can delete your brand's account whenever you want, from Settings.
- The brand takes what is its own: your studio photos stop being the catalog photo and, if people had sent one, theirs comes back.
- Approved items stay in the catalog, because they are in people's collections.
- If someone else is still on your team, the page carries on with that person. If nobody is left, the page goes back to the community: it stops being verified and loses its logo, text, origin, Instagram and launches.
- If you were paying, it stops renewing. What was already paid is not refunded, unless the law says otherwise.
10. What is not allowed
In addition to the community rules in the Terms, a brand account may not:
- impersonate another brand or publish items that aren't its own;
- upload replicas, counterfeits or invented items;
- use Fitm for spam, misleading advertising or giveaways that ask people for their details;
- try to extract people's data, manually or automatically.
If you don't follow these terms we may hide content, remove the verification or close the account, and we will tell you why unless the law doesn't allow it.
11. Liability
- Each brand answers for what it publishes: its items, prices, links, photos and launches. If someone makes a claim against us over something you published (for example, a photo used without permission), you will answer for it and help us resolve it.
- Fitm is offered as it is: we work to make it run well, but there may be interruptions or errors, and features may change.
- Fitm doesn't guarantee results: not visits, not followers, not sales.
- Except in cases of wilful misconduct or gross negligence, our liability to the brand is limited to what you paid us in the last 12 months.
12. Changes to these terms
If we change them, we will update the date and version at the top. If the change is important, we will tell you in your panel beforehand, before it starts to apply, and ask you to accept it. If you don't agree, you can delete your brand's account.
13. Governing law
These terms are governed by Chilean law. If there is a problem, write to us first at marcas@fitm.app and we will try to resolve it. If it isn't resolved, it will be heard by the ordinary courts of Santiago.
14. Contact
Fitm SpA Av. Providencia 1208, office 207, Providencia, Región Metropolitana, Chile Email: marcas@fitm.app