StrutFit

Terms of Service

Effective date: 18 May 2026  |  Last updated: 18 May 2026

By checking the box at signup, you (“Client”) agree to be bound by these Terms of Service (“Terms”) with StrutFit Limited, a New Zealand company (NZBN 5917240) (“StrutFit”, “we”, “us”). These Terms apply to all self-serve subscriptions. If you are signing an enterprise agreement, a separate Master Subscription Agreement governs.

1. The Platform

We give you access to the StrutFit platform and the modules you activate (Find, Try, Size). Your subscription includes hosting, maintenance, updates, reasonable email support, and access to our APIs and SDKs.

We can update, modify, or improve the platform at any time. We aim for 24/7 availability but don't guarantee it — outages can happen due to maintenance, third-party infrastructure, or events outside our control.

We don't guarantee any specific outcomes — revenue lifts, conversion improvements, reduced returns, or otherwise. The platform provides AI-generated recommendations and size estimates; they are probabilistic, not guaranteed.

2. Billing & Payment

All billing is handled through Stripe. By entering your payment details, you authorise us to charge your card automatically.

What you pay

Your fees depend on:

• which modules you have active
• your monthly order volume (which determines your pricing tier)
• your billing cycle (monthly or annual)

Activating or deactivating a module automatically updates your fees. No contract amendment needed.

Billing cycles

• Monthly billing: charged in advance each month.
• Annual billing: charged in advance for the year, with a 10% discount.
• No minimum commitment either way.

Volume tiers

Your tier is based on completed orders per calendar month. If you exceed your tier for three consecutive months, we may upgrade you automatically. Tier decreases require three consecutive months below the threshold.

Taxes

All fees exclude GST, VAT, and similar taxes, which you are responsible for where applicable.

Failed payments

If payment fails, we'll retry. If it remains unpaid, we may charge interest at 1.5% per month and suspend your access after 7 days' notice. Outstanding fees are always due — no set-off.

Annual billing and refunds

Annual fees are non-refundable. If you cancel early, you keep access until the end of the paid period but we won't refund unused time.

3. Your Responsibilities

You are responsible for:

• maintaining your integration and keeping our tracking pixel active and correctly configured
• keeping your product data (sizing charts, SKUs, catalog) accurate and up to date
• providing any required privacy notices and obtaining necessary consents from your end users
• complying with data protection, ecommerce, and consumer protection laws in the jurisdictions where you operate
• the security of your integration keys and credentials

You must not:

• reverse-engineer, decompile, or attempt to extract our source code, model weights, or algorithms
• use the platform to build or improve a competing product
• use the platform for any unlawful purpose or in a way that imposes excessive load on our systems

4. Data & Privacy

Your data

You own your product data (catalogs, sizing charts, content). You give us a licence to use it to provide the service, generate AI outputs, and improve the platform after anonymisation.

Platform data

We own interaction data generated when your end users use the platform (clicks, searches, try-on events, fit inputs), usage data, and any StrutFit Profile we create. We may use this data to train and improve our AI models — we won't use identifiable personal data for training or share client-specific insights with other customers.

Security

We maintain industry-standard technical and organisational security measures. If we confirm a personal data breach affecting you, we'll notify you without undue delay and cooperate on remediation.

Deletion

Within 30 days of termination, you can request an export of your data. We'll delete it on request, except for anonymised/aggregated data, usage data, and anything we're required to keep by law.

Data Processing Addendum

If you require a Data Processing Addendum (DPA) for GDPR or similar compliance, contact us at legal@strut.fit and we'll provide one.

5. Intellectual Property

We own everything in the platform: code, models, algorithms, model weights, APIs, SDKs, UX, training data, and derived data. Nothing in these Terms transfers ownership to you.

You own your brand, product content, and data. We own nothing in your business except what you expressly licence to us to provide the service.

We give you a limited, non-transferable licence to use the platform and active modules while your subscription is active. The licence ends when your subscription ends.

Any feedback or suggestions you give us become our property and we can use them freely — no obligation to compensate you.

6. Confidentiality

Both parties agree to keep each other's non-public business, technical, and commercial information confidential, use it only for the purposes of this agreement, and not disclose it except to personnel who need to know or as required by law.

7. Warranties & Disclaimers

Each party warrants that it has the authority to enter into this agreement and will comply with applicable law.

We warrant that we will provide the service with reasonable skill and care and have the right to grant the licences in these Terms.

Except as set out above, the platform is provided “as is” and “as available”. We disclaim all implied warranties, including fitness for a particular purpose and non-infringement. AI outputs are estimates, not guarantees.

8. Limitation of Liability

Our total liability to you for any claim arising from these Terms is capped at the total fees you paid us in the 12 months before the event giving rise to the claim.

Neither party is liable for indirect, incidental, or consequential losses, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.

These limits don't apply to: death or personal injury caused by our negligence; fraud; breach of confidentiality; or your obligation to pay outstanding fees.

Your indemnity

You agree to indemnify us against claims, losses, and costs arising from: your product data; failure to obtain required end user consents; your breach of applicable law; misuse of the platform; or commercial decisions made in reliance on AI outputs.

9. Term & Termination

These Terms apply from the date you sign up and continue until cancelled.

Either party can cancel at any time with 30 days' written notice.

We can terminate immediately if: you fail to pay fees within 7 days of the due date; you fail to maintain a valid payment method in Stripe; you commit a material breach and don't fix it within 10 days of notice; or continuing would violate applicable law.

On termination: all licences end immediately, you must stop using the platform, and all outstanding fees remain due.

10. Pricing

Fees are based on which modules you activate, your monthly order volume (pricing tier), and your billing cycle. We may update pricing with 30 days' notice.

Volume Tiers

Module Base Fees (US$/month)

Add-On Fees (US$/month)

Find Module — Included Conversations & Overage Rates

Try Module — Included Try-Ons & Overage Rates

All fees are in USD and exclude applicable taxes. Tier 6 pricing is agreed in writing. Annual billing applies a 10% discount across all fees.

11. Changes to These Terms

We may update these Terms from time to time. We'll give you at least 30 days' notice of material changes by email or in-app notification. Continued use after the effective date of the updated Terms means you accept them.

12. General

• Governing law: These Terms are governed by the laws of New Zealand. Disputes are subject to the non-exclusive jurisdiction of New Zealand courts.
• Assignment: You can't assign these Terms without our written consent. We can assign them to an affiliate or in connection with a merger or acquisition.
• Entire agreement: These Terms are the full agreement between us for self-serve subscriptions. They supersede any prior discussions.
• Severability: If any provision is unenforceable, the rest remains in effect.
• No waiver: Failing to enforce a provision isn't a waiver of our right to enforce it later.
• Contact: legal@strut.fit

Copyright © 2026 StrutFit Limited. All rights reserved.