Terms and Conditions
Version 0.6 · Fitm SpA · Español
These terms are the agreement between you and Fitm SpA (Chilean tax ID 78.515.924-1), the company behind Fitm, referred to below as "Fitm" or "we". When you create your account, you accept them together with the Privacy Policy. You can read them and save them at any time from the profile menu.
These terms were written in Spanish and are also available in English. If the two versions differ, the Spanish version prevails: it is the one that governs this agreement, because Fitm SpA is a Chilean company and these terms are written under Chilean law. The English version is a faithful translation, provided so that you can read what you are accepting.
1. What Fitm is
Fitm is an app for keeping your clothes as a collection:
- marking the items you own and the ones you want.
- logging what you wear each day.
- putting fits together.
- following other people.
Fitm is not a shop. We do not sell clothes and we do not charge for any of the above.
Apart from your collection, Fitm has Fitmarket, a board where people list their clothes and message each other to sell them. Fitm takes no part in those sales: their rules are in section 5.
Some links to a brand's or shop's official page may be affiliate links: if you buy after going through one, that shop pays us a commission. It costs you nothing extra: the price is the same as if you had gone there yourself. When a link is an affiliate link, the item page will say so. And one important thing: the commission does not change what you see. Which items appear in the catalog, the order of the suggestions, and what we recommend to you do not depend on whether an item pays a commission.
The retail price shown on some items is the one the brand published on its official page. It is a guide only: it can vary by country, shop or moment, and it is neither an offer nor a valuation.
2. Your account
- To use Fitm you must be at least 14 years old. If you are under 18, you need permission from your mother, father or guardian.
- The information you give us must be true, and your account is yours alone: do not share it.
- Look after your password. If you think someone has got into your account, change it and write to us.
- Your @username may not impersonate another person or brand, and may not be offensive. We can ask you to change it, or change it ourselves, if it breaks these rules.
- You can delete your account whenever you like from Settings → Delete account. What happens to your data is explained in the Privacy Policy.
3. What you post and contribute
What you upload stays yours: your photos, your notes, your bio and the items you create.
So that Fitm can work, you give us a free, non-exclusive, worldwide permission (a license) to store, display and adapt that content only inside Fitm and only to provide the service. "Adapt" includes, for example, making a photo smaller, cropping it, adjusting its light or cleaning up its background. We will never change the item that appears in the photo.
- Your profile, your journal, your fit photos and your notes: the permission ends when you delete them, or when you delete your account.
- What you contribute to the catalog (the items you create and the front and back photos that get approved): the catalog belongs to everyone and is built from what people contribute. That is why the permission over that contribution continues even if you delete your account, so that the item and its photo stay in the catalog, by then without your name. While you have your account, the item page will say "Added by @your_username".
By uploading something, you confirm that:
- you have the right to do so.
- you took the item photos yourself, of your own item.
- you are not including other people without their permission.
- you are not infringing anyone's rights.
4. Community rules
At Fitm we do not tolerate inappropriate content or people who abuse others. The following is not allowed:
- Nudity or sexual content.
- Hate, insults, harassment, threats or violence.
- Impersonating another person or brand.
- Spam or scams.
- Advertising sales outside Fitmarket. Your profile, your fits and your journal are not a shop window.
- Posting other people's personal information.
- Illegal content, or content that infringes copyright, trademarks or other rights.
- Creating made-up or fake items in the catalog, or uploading photos that are not of the item.
- Trying to get into other people's accounts, get around the privacy rules, extract data automatically, or damage how Fitm works.
5. Fitmarket: buying and selling between people
Fitmarket is a listings board inside Fitm: people list clothes they own and message each other to reach an agreement. Fitm is not a party to any sale:
- we do not sell, buy, charge a commission, hold the money or ship anything;
- the price, the payment and the handover are agreed between the seller and the buyer, outside Fitm and at their own risk;
- we do not check the items: we do not guarantee that an item is authentic, that it is as described in the listing, or that the other person will keep to what was agreed.
You must be at least 18 years old to use Fitmarket. We will ask you the first time you enter.
You may only list clothing, footwear and accessories that are yours and that you have with you, with photos you took of that same item and a real price. You may not list:
- counterfeits, replicas or copies, even if you say they are;
- stolen items, or items that are not yours;
- used underwear;
- anything that is not clothing, footwear or accessories;
- misleading listings: photos of another item, false details or prices that are not real.
Messages are for reaching an agreement about a listing and follow the same community rules. From a conversation you can report it and block the other person.
To buy and sell safely: meet in a public place, check the item before paying, never pay in advance to someone you do not know, and be wary of prices that are too low. If someone scams you, report it in Fitm and also to the police (Carabineros or the PDI in Chile); we will cooperate with the authorities when the law requires it.
If you sell regularly, meeting your own obligations is up to you (for example, taxes, or the legal warranty if you are a trader).
Questions and ratings. A question on a listing is shown with your @username once the seller answers it. After buying, you can rate whoever sold to you: the rating has to be about that sale and follows the community rules. We may remove the ones that do not.
Verified. Sellers can ask for it: a moderator checks their ID card and their Fitmarket history. It means we checked who they are and that they have a good history; it does not mean their items are original, and it does not guarantee the sale. We may remove it if the history stops meeting the bar or if a counterfeit is confirmed.
Counterfeits. If we hide a listing of yours for being a counterfeit, we let you know in "Your listings". The second time, you lose access to Fitmarket: your listings stop being shown and you cannot post or write. Your collection and your profile stay the same. If you think it is a mistake, write to soporte@fitm.app.
We may remove listings, close conversations and take away your access to Fitmarket if you break these rules, in addition to what the next section says.
6. Reports, blocking and moderation
- You can report an account, a fit, a listing or a Fitmarket conversation, and flag an error on an item. We never tell anyone who reported them.
- You can block anyone. We do not tell them.
- We review reports as soon as we can, aiming to do so within 24 hours.
- To protect the community and keep the catalog in order, we may:
- review, correct, hide or remove content.
- merge duplicate items.
- remove photos.
- suspend or close accounts that break these terms.
- The items you create and the photos you send go through review before they appear in the catalog. In the meantime, you can use them yourself.
7. Brands and intellectual property
- The brands and models that appear in Fitm belong to their owners. We use them only to identify the items. Fitm is not associated with or sponsored by any of those brands, unless expressly stated.
- The app, its design, its name and its logo belong to Fitm. Other than using the app normally, you may not copy or reuse them without our permission.
- If you believe something on Fitm infringes your rights, write to us at soporte@fitm.app with the details and we will look into it.
Brand accounts
A clothing brand can have its own account on Fitm to run its page. If you create one on behalf of a brand, in addition to the above:
- You declare that you are able to represent it and that the brand really is the one you say. We verify it through its website's email or a message from its Instagram, and a moderator reviews it by hand; we may reject or withdraw it if that is not the case.
- Your photos, licensed to Fitm. The catalog photos you upload must be the brand's own or used with permission. By uploading them you give us a free, non-exclusive, worldwide license to show them on Fitm (on your page, on the item pages and on Fitm's website) while they are in your catalog, and to make technical copies (sizes and formats). The photo remains yours. If you remove it, it stops being shown.
- What people have already contributed belongs to them. Your account cannot change or remove anyone's photos, fits or collections. If an item of your brand is not yours (a replica, a made-up item), let us know and we will review it.
- The items and prices you publish are the brand's responsibility. The retail price is shown as you write it and in your currency, without conversion.
- Your brand's figures are always totals: we never tell you who owns, wants or wears your clothes.
- Verifying the page is free. Some features for brands, such as statistics, will be paid. If we offer them to you free for a while, from day one we will tell you until when and how much they will cost afterwards. When that time ends nothing is charged automatically: to keep using them you will have to subscribe yourself. If the price changes before it ends, we will tell you at least 30 days in advance.
8. Paid features
Today Fitm is free. If we offer paid features in the future (for example, Fitm Premium):
- we will tell you clearly what it costs, what it includes and how it renews before you subscribe.
- billing, renewal and cancellation are handled by Apple, under its own terms.
- your consumer rights under Chilean law will also apply.
9. Availability and changes to the app
We work to keep Fitm running well, but there can be interruptions, errors or changes to features. We may improve, change or stop offering features. If we are going to shut Fitm down, we will tell you far enough in advance that you can ask us for a copy of your data.
10. Liability
We are liable for damage we cause by failing to meet these terms or the law, to the extent Chilean law provides. We are not liable for:
- content posted by other people, although we moderate it as explained above.
- buying or selling decisions you make based on information from Fitm.
- what you agree with another person on Fitmarket: the purchase, the payment, the handover and the condition of the item are between you.
- what happens in the shop a link takes you to: the purchase, the delivery, the return and the warranty are between that shop and you, under that shop's terms.
Nothing in these terms limits your rights as a consumer.
11. Changes to these terms
If we change these terms, we will update the date and version above. If the change is significant, we will tell you in the app before it takes effect and ask you to accept it. If you do not agree, you can delete your account.
12. Governing law and complaints
These terms are governed by Chilean law.
If you have a problem, write to us first at soporte@fitm.app and we will try to sort it out. You can also go to SERNAC, the Chilean consumer protection agency, or to the courts that apply under Law 19.496 on the Protection of Consumer Rights, including the court where you live.
13. Contact
Fitm SpA Email: soporte@fitm.app