PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING CUTTOSHAPE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE OUR PLATFORM.

These Terms of Service ("Terms," "Agreement") govern your access to and use of Cuttoshape, including our website (www.cuttoshape.com), our Studio web application, our Studio mobile application, our Fit measurement application ("Fit App"), and any other related software, features, or services (collectively, the "Platform"), operated by Cuttoshape Afrowears ("Cuttoshape," "we," "us," or "our").

This Terms of Service is part of, and should be read together with, our Privacy Policy, which describes how we collect, use, and protect information on the Platform. Where a subject is not addressed here, it may be addressed in the Privacy Policy.

By creating an account, accessing, or otherwise using any part of the Platform, you ("user," "you," "your") represent and warrant that you have read, understood, and agree to be bound by this Agreement, as it may be revised, modified, amended, or replaced by us from time to time. Each time you access or use the Platform, you are deemed to have reviewed the then-current version of these Terms and to accept any changes made to them if you continue to use the Platform after such changes are posted.

1. About Cuttoshape and Our Services

Cuttoshape is a digital business management platform designed for fashion designers, tailors, fashion houses, fashion entrepreneurs, and their customers. The Platform is made available through:

Website — www.cuttoshape.com, our public-facing marketing site, storefronts, and informational pages;
Studio Web App — the browser-based business management dashboard used by designers, tailors, and fashion businesses;
Studio Mobile App — the mobile version of the Studio dashboard, available on iOS and/or Android;
Fit App — our AI-enabled, contactless body measurement application, which allows a user to obtain estimated body measurements using the camera of a smartphone, tablet, or other device equipped with a monocular camera.

Through these components, the Platform provides tools including, but not limited to:

Customer and measurement management
AI-enabled contactless body measurement ("Fit" technology)
Order tracking and workflow management
Invoice creation and sharing
Costing and pricing tools
Business analytics and reporting
Digital storefront and sharing features
Communication and notification tools between designers/businesses and their customers

Cuttoshape is a software-as-a-service (SaaS) platform. We do not manufacture, tailor, or produce garments ourselves, and we do not guarantee any business outcome, revenue, or customer acquisition for any user of the Platform.

1.1 How the Fit App Works

To use the Fit App, a user provides a photo of their body captured using the camera of a smartphone, tablet, laptop, or any device with a monocular (or similar) camera, for the purpose of computing estimated body measurements (such as height, weight, bust/chest, waist, hips, shoulder width, inseam, and other garment-related dimensions) and to support styling, fit, and draping recommendations. For purposes of this Agreement, "image" refers to a static image generated by the user for this purpose.

We do not process, analyze, or store any measurements of a user's face. Our measurement technology does not process imagery above the mid-neck for the purpose of generating body measurements.

The user provides this image voluntarily and represents that it will not be pornographic, lewd, sexually explicit, or otherwise offensive. Cuttoshape reserves the right to remove any content or suspend any account that violates this requirement.

AI-generated measurements are estimates. You acknowledge that:

Measurements produced by the Fit App may require manual review, confirmation, or adjustment by a qualified tailor or designer before use;
Final garment fit depends on multiple factors beyond measurement accuracy, including fabric behavior, pattern-making, tailoring skill, and production execution;
Cuttoshape does not guarantee measurement accuracy, garment fit, or any particular outcome resulting from use of the Fit App; and
Use of AI-generated measurements is at the user's own discretion and professional judgment.

2. Eligibility and Age Requirements

2.1 Minimum Age

The minimum age to create a profile or account on any part of the Platform (website, Studio web app, Studio mobile app, or Fit App) is 13 years old, and this floor applies globally, regardless of where you access the Platform. We do not knowingly permit anyone under the age of 13 to create an account or otherwise use the Platform.

2.2 Users Between 13 and 17

If you are between the ages of 13 and 17 (a "minor user"), you may only use the Platform under the supervision of, and with the verifiable consent of, a parent or legal guardian. Your parent or legal guardian must:

Review and agree to these Terms and our Privacy Policy on your behalf;
Authorize your use of the Platform, including use of the Fit App and submission of any body measurement data or images; and
Accept responsibility for your activity on the Platform.

By permitting a minor user to access the Platform, the parent or legal guardian represents and warrants that they have the legal authority to consent on the minor's behalf and agrees to be bound by these Terms with respect to that minor's use of the Platform.

2.3 Users 18 and Over

If you are 18 years of age or older, you represent that you are legally permitted to enter into a binding contract in your jurisdiction and are not otherwise barred from using the Platform under any applicable law.

2.4 Age Verification at Sign-Up

Our sign-up process requires every user to confirm their date of birth (or age) before an account can be created on any part of the Platform. Anyone who indicates they are under 13 years old is blocked from creating a profile at the point of sign-up and cannot proceed.

We are also entitled, but not obligated, to request additional verification of a user's age or of parental/guardian consent at any time thereafter. If we nonetheless learn that a user under the age of 13 was able to create an account (for example, by providing false information at sign-up), or that a minor user between 13–17 is using the Platform without appropriate parental/guardian consent, we will take steps to suspend or terminate the account and delete the associated data, consistent with our Privacy Policy and applicable law.

2.5 Global Application and Jurisdictional Variation

Cuttoshape operates worldwide, and children's-privacy laws differ by country — for example, the U.S. Children's Online Privacy Protection Act (COPPA) sets 13 as its threshold; the EU/UK General Data Protection Regulation (GDPR) lets member states set a child's consent age anywhere between 13 and 16; and Nigeria's Data Protection Act (NDPA) and Brazil's LGPD treat anyone under 18 as a child requiring parental or guardian consent. Rather than applying a different rule in each country, we apply one global standard designed to meet or exceed the strictest of these frameworks: a minimum age of 13 to create an account anywhere, and mandatory verifiable parental or legal guardian consent for any user under 18, regardless of where they access the Platform. Where the law of your country or region sets an even higher age of consent than described in this Section, that higher standard governs your use of the Platform.

3. Account Registration

3.1 Creating an Account

To use most features of the Platform, you must register for an account. When creating an account, you agree to:

Provide accurate, current, and complete information as required for registration;
Maintain and promptly update your information to keep it accurate and complete;
Maintain the confidentiality of your login credentials; and
Accept full responsibility for all activity that occurs under your account, whether or not authorized by you.

3.2 Account Security

You agree not to use another user's account without authorization, and not to share your password or login credentials with anyone else. You agree to notify us immediately at info@cuttoshape.com if you suspect any unauthorized use of your account or any breach of security.

Cuttoshape is not liable for any loss or damage arising from unauthorized account access caused by your failure to safeguard your credentials.

3.3 Business (Designer/Tailor) Accounts

If you register on behalf of a business, fashion house, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and that entity agrees to indemnify Cuttoshape for violations of this Agreement arising from its use of the Platform.

4. Acceptable Use

You agree to use Cuttoshape only for lawful purposes and in accordance with these Terms. You must not:

Use the Platform for fraudulent, deceptive, or illegal activity;
Upload false, misleading, or unauthorized customer data;
Infringe the intellectual property, privacy, or data protection rights of any person;
Upload content that is libelous, threatening, defamatory, obscene, indecent, pornographic, or that could give rise to civil or criminal liability;
Attempt to reverse-engineer, disrupt, overburden, or compromise the security, integrity, or performance of the Platform;
Transmit malware, viruses, worms, trojan horses, backdoors, or other harmful code;
Attempt to gain unauthorized access to the Platform through hacking, password-mining, "screen-scraping," "data-scraping," "data-mining," or similar automated means; or
Use the Platform in any manner that could damage, disable, or impair any other user's use and enjoyment of the Platform.

We reserve the right to suspend or terminate, with or without prior notice, any account that we believe, in our sole discretion, violates these Terms.

5. Customer Data and Data Ownership

5.1 Ownership

As between Cuttoshape and its designer/business users, you retain full ownership of all customer data, measurements, designs, orders, and business information you upload to the Platform ("User Data"). Cuttoshape does not claim ownership of User Data.

5.2 License to Host and Process

By using the Platform, you grant Cuttoshape a limited, non-exclusive, worldwide license to host, store, process, transmit, and display User Data solely for the purpose of providing, maintaining, securing, and improving the Platform and its services, including through our cloud infrastructure provider (currently Amazon Web Services, "AWS," as described in Section 5.4 and in our Privacy Policy).

5.3 User Responsibility

If you are a designer, tailor, or business user who uploads customer information (including a customer's name, contact details, measurements, or images) to the Platform, you are solely responsible for:

Obtaining all necessary consents from your customers to collect, store, and process their data through Cuttoshape;
Ensuring your collection and use of customer data complies with all applicable data protection, privacy, and consumer protection laws in your jurisdiction; and
The accuracy, legality, and appropriateness of all User Data you submit.

Cuttoshape acts as a data processor/service provider with respect to end-customer data uploaded by designer/business users, and is not responsible for the underlying relationship, dispute, or transaction between a designer/business user and their customer.

5.4 Storage

All data submitted to the Platform — including account information, business data, customer data, and images/measurements collected through the Fit App — is processed and stored using Amazon Web Services (AWS) cloud infrastructure, or such other reputable cloud infrastructure provider as we may use from time to time. Further detail on how data is stored, secured, and retained is set out in our Privacy Policy.

6. Intellectual Property Rights

6.1 Platform Ownership

All intellectual property relating to Cuttoshape — including our software, source code, trademarks, service marks, logos, text, graphics, user interfaces, visual designs, algorithms, and other content generated by or displayed on the Platform — is owned by or licensed to Cuttoshape and is protected by copyright, trademark, and other applicable intellectual property laws.

6.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your own personal or internal business purposes during your subscription period (where applicable). You may not copy, resell, sublicense, distribute, or otherwise exploit any part of the Platform without our prior written consent.

6.3 User Submissions

If you submit ideas, feedback, suggestions, reviews, or similar unsolicited materials to us (excluding your own User Data, which is addressed in Section 5), you grant Cuttoshape a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such submissions into the Platform without any obligation to compensate you.

6.4 Feedback on Infringement

If you believe content on the Platform infringes your intellectual property rights, contact us at info@cuttoshape.com with sufficient detail for us to investigate. We reserve the right, in our sole discretion, to remove content that we determine infringes third-party rights.

7. AI Features and Measurement Disclaimer

Cuttoshape provides AI-powered body measurement and automation features through the Fit App and related tools. By using these features, you acknowledge and agree that:

AI-generated measurements and recommendations are estimates only and may require manual review, confirmation, or correction;
Final garment fit depends on numerous factors beyond our control, including fabric choice, pattern construction, and tailoring execution;
Cuttoshape does not guarantee the accuracy of any measurement, or any particular garment outcome resulting from reliance on Fit App measurements;
Cuttoshape and its officers, directors, employees, affiliates, and merchant/infrastructure partners (including AWS) shall have no liability for any discrepancy between measurements generated by the Fit App and a user's actual body measurements, nor for any garment made using such measurements; and
Use of the Fit App and any AI-generated output is entirely at your own risk and discretion.

8. Payments, Subscriptions, and Fees

8.1 Subscription Plans

Certain features of the Platform (including the Studio web/mobile apps and, where applicable, the Fit App) may require a paid subscription. Plan details, pricing, and included features are disclosed at the point of purchase and may be updated from time to time.

8.2 Billing

Unless otherwise stated, fees are billed in advance on a recurring basis (monthly, quarterly, semi-annually, or annually). Payments are processed through third-party payment providers; Cuttoshape does not store full payment card or banking details on its own servers. Failure to pay applicable fees may result in suspension, downgrade, or termination of your access to paid features.

8.3 Refunds

Except where required by applicable law, subscription fees are non-refundable.

8.4 Taxes

You are responsible for any applicable taxes, duties, or governmental charges associated with your use of the Platform, other than taxes on Cuttoshape's net income.

9. Confidential Information

"Confidential Information" includes non-public information disclosed by Cuttoshape to a user relating to our business, technology, pricing, or operations that is designated as confidential or that would reasonably be understood to be confidential given its nature. Confidential Information excludes information that is or becomes publicly available through no fault of the user, was already known to the user prior to disclosure, is independently developed without use of our Confidential Information, or is required to be disclosed by law (subject to the user giving us prompt notice where legally permitted).

Users agree not to use or disclose our Confidential Information except as necessary to use the Platform as intended. We reserve the right to pursue all available legal remedies for misuse or unauthorized disclosure of our Confidential Information.

10. Anti-Spam Policy

We have a zero-tolerance policy toward unsolicited bulk messaging ("spam"). You may not use the Platform's messaging or communication features to store, copy, send, relay, or distribute spam. We reserve the right to filter, block, or report communications that we reasonably believe constitute spam, and to suspend accounts responsible for such conduct.

11. Service Availability

We strive to maintain high availability of the Platform but do not guarantee uninterrupted, timely, secure, or error-free operation. We may perform maintenance, updates, or modify or discontinue features (in whole or in part) at any time, with or without notice. We are not liable for service interruptions arising from circumstances beyond our reasonable control, including outages of our third-party infrastructure providers (such as AWS).

12. Disclaimers of Warranty

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Without limiting the foregoing:

We do not guarantee business results, revenue, customer acquisition, or profitability for any user of the Platform;
We do not guarantee the accuracy of body measurements or garment-fit outcomes generated through the Fit App;
We are not responsible for disputes between designers/businesses and their customers arising from transactions facilitated or recorded through the Platform; and
We do not warrant that the Platform will be uninterrupted, secure, or free of errors, bugs, or viruses.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CUTTOSHAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND MERCHANT/INFRASTRUCTURE PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CUTTOSHAPE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Any claim arising out of or relating to these Terms or your use of the Platform must be brought within one (1) year after the cause of action arises, or it will be permanently barred.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability; in such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cuttoshape, its officers, directors, employees, affiliates, and infrastructure/merchant partners from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) your handling of, or a dispute relating to, customer data or transactions processed through the Platform.

15. Termination

You may terminate your account at any time by following the account closure process within the Platform or by contacting us at info@cuttoshape.com.

We may suspend or terminate your access to the Platform, in whole or in part, at any time, with or without notice, if we believe you have breached these Terms, for legal or security reasons, or at our discretion. Upon termination, your right to use the Platform will immediately cease. Handling of your data following termination is governed by our Privacy Policy.

Sections of these Terms that by their nature should survive termination (including Sections 6, 9, 12, 13, 14, and 17–21) will survive.

16. International Users

The Platform is controlled and operated from the United States. If you access the Platform from outside the United States, you are solely responsible for compliance with local laws applicable to your use of the Platform, and you agree not to use the Platform in any country, region, or manner prohibited by applicable law, restriction, or regulation.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, or the laws of the Federal Republic of Nigeria, depending on the jurisdiction from which the user in question primarily transacts, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or your use of the Platform shall first be addressed through good-faith negotiation between the parties. If the dispute is not resolved within a reasonable period, it shall be subject to the exclusive jurisdiction of the competent courts of the State of Texas, USA, or the Federal Republic of Nigeria, as applicable based on the user's transacting jurisdiction.

18. Changes to These Terms

Because our Platform is continuously developing, we may update these Terms from time to time to reflect new features, legal requirements, or operational changes. Updates will be posted on the Platform. Except where a more prominent notice is required by applicable law, we have no obligation to individually notify you of changes, and your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. Changes become effective 24 hours after being posted, unless stated otherwise.

19. Severability; No Waiver; Entire Agreement

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing to be effective.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cuttoshape regarding the Platform, and supersede all prior or contemporaneous agreements, communications, or proposals (whether oral, written, or electronic) regarding the subject matter herein.

20. Miscellaneous

No joint venture, partnership, employment, or agency relationship exists between you and Cuttoshape as a result of these Terms or your use of the Platform. Nothing in these Terms limits our right to comply with governmental, regulatory, or law-enforcement requests. A printed version of these Terms, and of any notice given electronically, will be admissible in judicial or administrative proceedings to the same extent as other business records originally generated and maintained in printed form.

21. Contact Information

If you have questions, clarifications, or comments regarding these Terms, please contact us:

Cuttoshape Afrowears.

Email: info@cuttoshape.com

Website: www.cuttoshape.com

Cuttoshape Terms of Service