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Legal · Version 2026-10 · Updated 26 October 2026

Terms of Service

The agreement between TryYourSize and the brands and retailers that use Studio, the fit element and the API.

Draft

Draft — requires review by counsel before publication. Written by an AI assistant, not a lawyer. Every "For counsel" note marks a point that needs legal judgement.

These Terms of Service ("Terms") are an agreement between [COMPANY LEGAL NAME], S.L. ("TryYourSize", "we", "us"), with its registered office at [REGISTERED ADDRESS], Spain, tax ID [CIF], and the organization that accepts them ("Customer", "you"). They apply to Studio, the fit element and SDKs, the API, the Shopify app and every related service (together, the "Service").

The Service is for businesses only. By accepting these Terms you confirm that you act for a business, not as a consumer, and that you may bind the organization named in Studio.

1. How you accept these Terms

  1. You accept these Terms when an owner or admin of your organization ticks the acceptance box in Studio (Settings → Organization) or signs an order form that refers to them. We store the version accepted, the person who accepted, and the date and time.
  2. Test mode can be used before acceptance, under these Terms. Live mode (real shoppers on your own domain) needs accepted Terms and the Data Processing Agreement ("DPA"), a verified domain and billing details.
  3. This is version 2026-10. Each version stays published at its own address, for example /legal/terms/2026-10/.

2. Definitions

3. The Service

  1. What we provide. We simulate your garments on each shopper's measured body and give the shopper a size and an objective description of the fit (centimetres of room, contact pressure in kPa, fabric strain in %). You receive Size Events and aggregated insights.
  2. Test and live mode. Test keys work on any origin with test data. Live keys work only on your verified domains.
  3. Shopify. If you install through Shopify, your organization is created from the installation and you may be billed through Shopify (§9). Shopify's own terms also apply to your use of the Shopify platform.
  4. Changes. We improve the Service continuously. We will not remove a material feature you pay for without at least 30 days' notice, unless the law or security requires it.
  5. Beta features are marked as such, are provided as they are, and may change or end.

4. Your organization and its members

  1. You are responsible for your members' use of the Service and for giving each member a role suited to their work.
  2. Keep secret keys (sk_…, rk_…) secret. Publishable keys (pk_…) are designed to be public. Tell us without delay at [email protected] if you believe a secret key, a password or a session has been compromised; you can revoke and roll keys in Studio.
  3. Our staff enter your organization only with a time-limited grant from you, or when the law, a security incident or an open support request of yours requires it. Every staff access is logged in your audit log.

5. Your obligations

You will:

  1. Provide accurate garment, size chart and product data. Size answers depend on it.
  2. Show the fit element and its results without changing what they say, and not present them as a guarantee of fit.
  3. Comply with the laws that apply to your store, in particular consumer, e-commerce, cookie and data-protection law. On your own website you are responsible for the cookie and storage consent that covers the SDK where it needs consent (for example the anonymous visitor ID used for A/B experiments; see the cookie and storage notice).
  4. Have a legal basis for any Brand Personal Data you send us, and inform your customers about it in your privacy notice.

You will not:

  1. try to obtain, infer or re-identify a shopper's measurements or body, or combine Size Events with other data to do so;
  2. use the Service to build, train or improve a competing product or service;
  3. access the Service by automated means other than the documented API and SDKs used within their rate limits, including scraping, crawling or harvesting sizes, fit values or 3D views from the element, the window, Studio or our websites;
  4. decompile, disassemble or reverse-engineer the Service or the engine, or try to derive their methods, models, parameters or source code, except to the extent the law expressly allows it despite this restriction (the SDKs' own source code is covered by the licence it is published under);
  5. extract or replicate the engine: query the Service systematically, or collect its outputs, to reconstruct, approximate or benchmark it for a competing product or for a third party;
  6. use outputs of the Service (sizes, fit values, renders, 3D data) to train, fine-tune or evaluate machine-learning or statistical models, other than analysing your own sales and returns as §7.4 allows;
  7. send us special categories of personal data or data about children, except what the Service is designed for;
  8. interfere with the Service's security or other customers' use, exceed rate limits on purpose, or use keys outside your verified domains;
  9. upload content that infringes someone else's rights or is unlawful.

6. Fit results

  1. Size answers and fit descriptions are estimates computed from the measurements a shopper enters and the garment data you provide. They describe physical quantities; they are not a promise that a garment will fit or please a shopper.
  2. You stay responsible for your products, your product information, your prices and your returns policy, and for your contracts with your customers.
  3. Return-rate results from pilots or A/B experiments are measurements on your traffic, not a guarantee of future results.

7. Shoppers and their data

  1. Shopper Accounts belong to the shopper. TryYourSize processes them as an independent controller under its Privacy Policy. A shopper may use the same account on every store that has TryYourSize.
  2. You receive sizes, never measurements. No permission, plan or setting lets a brand, or our staff, read a shopper's body. A future scope that shares measurements (for example made-to-measure) will need the shopper's explicit, separate consent.
  3. Shoppers can disconnect your store at any time. When they do, you receive a profile.disconnected notification without personal data, and that store's answers for that shopper stop.
  4. Size Events you receive may be used by you on your own store and in your own analytics.

8. Content, licences and data

  1. Your content stays yours. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process and display Customer Content only to provide, secure and support the Service for you, for the duration of these Terms and the deletion period in §15.
  2. Aggregated data. We may create aggregated and anonymous statistics from the use of the Service (for example how often a size range fits a garment category, with at least 50 shoppers per group) to improve the Service and to show you insights. They never identify you, a store or a shopper to anyone else.
  3. Feedback you give us may be used freely.
  4. Our property. The Service, the engine, the SDKs, the TryYourSize name and logo remain ours. We grant you a non-exclusive, non-transferable licence to use the SDKs and the element on your stores during the term, and to use our name and logo to show that your store uses TryYourSize, following our brand guidelines.
  5. Trade secrets. How the engine works (its methods, models, parameters and non-public documentation) is our confidential information and trade secret under §11 and Law 1/2019 on trade secrets. Nothing in these Terms licenses it.

9. Fees, billing and taxes

  1. Plans. The plans and prices on tryyoursize.com or in your order form apply. Today: Starter (free, up to 2,500 size answers a month, hard cap), Growth (€299 a month, credited towards size answers, then a price per size answer by volume) and Enterprise (contract). Pilots are free for a period agreed with us and then become Starter unless you choose a plan.
  2. Billing. Paid plans are billed monthly in arrears for usage and in advance for fees, through Stripe or, for Shopify App Store installations, through Shopify. Invoices are available in Studio.
  3. Budget caps. You may set a monthly budget cap. When a hard cap is reached, the element stops answering new size answers until the next period or until you raise the cap.
  4. Taxes. Prices exclude VAT and other taxes, which are added where they apply (reverse charge for EU business customers with a valid VAT ID).
  5. Late payment. If a payment fails, we will tell you and retry. If it is still unpaid 14 days later, we may move your organization to Starter or suspend live mode after a further notice. Late-payment interest follows Law 3/2004.
  6. Price changes take effect at the start of a billing period at least 30 days after we tell you. You may cancel before then.

10. Data protection

  1. The DPA forms part of these Terms and applies when we process Brand Personal Data for you.
  2. Our Privacy Policy explains how we process shopper data as a controller, and the personal data of your members (account administration, security, billing, support), for which we are also a controller.
  3. We host and process data in the European Union (Google Cloud, Belgium). Our sub-processors are listed at /legal/subprocessors/.

11. Confidentiality

Each party keeps the other's confidential information confidential, uses it only for these Terms, and shares it only with people who need it and are bound by similar duties. This does not cover information that is public, already known, independently developed or that must be disclosed by law (with notice where allowed).

12. Availability and support

  1. We aim for high availability but, unless your order form says otherwise, we do not give a service-level commitment. Planned maintenance is announced in advance where possible.
  2. Support is available at [email protected] on Spanish working days.
  3. The element is designed never to break your page: if the Service is unavailable, the element hides itself or shows your own size guide.

13. Warranties

  1. Each party warrants that it may enter into these Terms.
  2. We warrant that we will provide the Service with reasonable skill and care and that it will materially match its documentation.
  3. Apart from that, and as far as the law allows, the Service is provided "as is", and we give no other warranty, in particular that results will reduce your returns by a given amount.

14. Liability

  1. Neither party is liable for indirect or consequential loss, lost profits, lost revenue or loss of goodwill.
  2. Each party's total liability under these Terms in any 12 months is limited to the fees paid or payable by you in those 12 months, or €10,000 if that is more.
  3. These limits do not apply to wilful misconduct (dolo) or gross negligence, to your payment obligations, to breaches of §5 (re-identification of shoppers, automated access, reverse engineering, extraction of the engine or training on its outputs) or §11, or to any liability that cannot be limited by law.

15. Term, suspension and termination

  1. These Terms run from acceptance until your organization is closed.
  2. You may close your organization at any time in Studio. Live keys stop at once. There is a 30-day period in which you can reopen it; after that we delete your catalog, imports, events and members, except invoices and records we must keep by law. Export what you need before closing.
  3. We may suspend live mode, after notice where possible, for unpaid fees, a serious breach of §5, a security risk, or a legal order. We may terminate for a serious breach not remedied within 30 days of notice.
  4. Shopper Accounts are not affected by the closure of your organization: they belong to shoppers.

16. Changes to these Terms

We may change these Terms by publishing a new version with a new version number. We will notify owners and admins at least 30 days before a change that reduces your rights takes effect, and ask for acceptance in Studio. Older versions stay published at their own addresses.

17. Publicity

We will not name you as a customer without your permission. You may say your store uses TryYourSize.

18. Force majeure

Neither party is liable for delays caused by events beyond its reasonable control, such as failures of public networks or cloud providers, natural events, strikes or acts of authorities.

19. General

  1. You may not assign these Terms without our consent, which we will not unreasonably refuse. We may assign them to a company that takes over the Service.
  2. Notices to you go to the owners' email addresses; notices to us go to [email protected].
  3. If a clause is invalid, the rest remains in force. Not enforcing a right is not a waiver.
  4. Order of precedence: a signed order form, then the DPA (for data protection), then these Terms.

20. Law and courts

These Terms are governed by Spanish law. The courts of [CITY], Spain, have exclusive jurisdiction, unless mandatory law says otherwise. These Terms are available in English and Spanish; [the Spanish version prevails in case of conflict].