Effective Date: February 10, 2026
These Terms of Service ("Terms") govern your access to and use of FitCheck, a Shopify application operated by Fouita ("we," "us," or "our"). By installing, accessing, or using FitCheck (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
By installing FitCheck on your Shopify store or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Fouita.
FitCheck is a Shopify application that helps furniture and home goods merchants reduce returns by verifying product fit before shipment. The Service:
Important Disclaimer: FitCheck provides AI-powered estimations for informational purposes only. Results are not legally binding architectural surveys or guarantees. Actual fit may vary based on factors not captured in photos.
To use FitCheck, you must:
When you install FitCheck, you create an account linked to your Shopify store. You agree to:
FitCheck offers various subscription plans with different features and usage limits. Current pricing is available at fitcheck.fouita.com/pricing.
We may offer free trials at our discretion. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends.
Each plan includes specific usage limits (e.g., number of fit checks per month). If you exceed these limits, we reserve the right to charge overage fees or upgrade your plan.
We reserve the right to change our fees at any time. We will provide at least 30 days' notice of price increases. Your continued use after the price change constitutes acceptance of the new pricing.
All fees are non-refundable. There are no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for unused service.
You are solely responsible for ensuring your use of FitCheck complies with all applicable laws, including:
You must obtain proper consent from your customers to:
You must clearly disclose your use of FitCheck in your store's privacy policy and terms of service.
You are responsible for providing accurate product dimensions, descriptions, and images. Inaccurate information may result in incorrect fit analysis.
You remain solely responsible for all customer service, including:
You agree not to:
FitCheck, including all software, algorithms, designs, trademarks, and content, is owned by Fouita and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
You retain ownership of all content you provide through the Service, including product information and customer data. By using the Service, you grant us a license to use, process, and display this content solely to provide the Service.
Customer room photos are owned by the customers. By using FitCheck, customers grant us a limited license to process their photos for fit analysis purposes only.
FitCheck integrates with third-party services including:
Your use of these services is subject to their respective terms and policies. We are not responsible for third-party services or their availability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that fit analysis results will be accurate or that products will fit as predicted. AI analysis is an estimation tool and should not be relied upon as the sole basis for purchase decisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUITA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
We are not responsible for disputes between you and your customers, including disputes about fit analysis accuracy, product returns, or refunds.
You agree to indemnify, defend, and hold harmless Fouita and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
These Terms remain in effect while you use the Service.
You may terminate your account at any time by uninstalling FitCheck from your Shopify store. Termination does not entitle you to a refund.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including:
Upon termination:
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that:
We may modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.
If you have a dispute with us, please contact us at [email protected] to attempt to resolve it informally.
These Terms are governed by the laws of Tunisia, without regard to conflict of law principles.
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration authority.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fouita regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or internet service failures.
If you have questions about these Terms, please contact us:
Fouita
Email: [email protected]
Website: www.fouita.com
By using FitCheck, you acknowledge that:
