Terms and Conditions — focus on me

Welcome to Focus on Me ("the App"). These Terms and Conditions ("the Terms") govern your use of the App, operated by Cubo Software, having its registered office at Via Tagliaferro 12, Scarperia e San Piero, Firenze, Italy, tax ID 07262550481, Trade Register no. 07262550481 ("we", "the Company").

By creating an account or using the App, you confirm that you have read and agree to these Terms.

1. Description of the service

Focus on Me is an application that allows users to browse clothing products from multiple retailers (through affiliate networks) and to generate, using artificial intelligence technology, a preview of how a product would look on them ("virtual try-on").

2. Eligibility

You must be at least 13 years old (or the relevant minimum age for data processing consent in your jurisdiction) to use the App. If you are between 13 and 18 years old, you confirm that you have the consent of a parent or legal guardian.

3. Your account

You are responsible for keeping your login credentials confidential.
You are responsible for all activity that occurs under your account.
We reserve the right to suspend or delete accounts that violate these Terms.

4. The Try-On feature

Photos you use are processed solely to generate the result you requested, as described in our Privacy Policy.
AI-generated results are visual approximations and may contain imperfections; we do not guarantee perfect accuracy of the result.
You represent and warrant that any photo you upload is either a photo of yourself, or a photo of another person for whom you have obtained explicit, informed consent to upload and process their image in the App.
You may never upload a photo of a minor (a person under 18 years of age) other than yourself, under any circumstances, regardless of your relationship to that minor (including as a parent or guardian) and regardless of any consent you believe you hold. If you do so in violation of this Terms, you — and you alone — bear full legal and financial responsibility for that photo and for anything that results from it; the Company assumes no responsibility whatsoever in that regard.
You may not upload photos of other people without their consent, or content that is illegal, obscene, or that infringes the rights of third parties.
We reserve the right to remove any content and suspend or terminate any account that violates this section, and to report violations involving minors to the relevant authorities where required or appropriate.

5. Credits and purchases

The App provides a number of free generations ("credits"), which may be used up over time.
You can purchase additional credit packages through the App Store (Apple) or Google Play, depending on your device.
Payments are processed entirely by Apple or Google — the Company does not have access to, and does not store, your card details.
Purchased credits are for personal use, are not transferable between accounts, and do not expire unless otherwise stated at the time of purchase.
If you are a consumer located in the European Union, you generally have a 14-day right of withdrawal for digital content purchases. However, by completing a purchase of credits, you expressly request immediate access to the credits and acknowledge that you thereby lose your right of withdrawal once the credits become available to you, in accordance with applicable EU consumer protection law.
For refunds, see our Refund Policy.

6. Affiliate links

Products displayed in the App come from affiliate networks (e.g. Awin, TradeDoubler). If you purchase a product through a link in the App, we may receive a commission from the retailer — this does not change the price you pay. The Company is not a party to the sale contract between you and the retailer, and any issue related to delivery, quality, or product returns must be addressed directly with that retailer.

7. User conduct

You may not:

use the App for any unlawful purpose;
attempt to gain unauthorized access to our systems or those of our service providers;
use bots or automated scripts to abuse the free credit system;
upload content that infringes copyright, image rights, or applicable law.

8. Intellectual property

The App, its logo, design, and code belong to the Company or its licensors. Product photos belong to the respective retailers/affiliate networks. By uploading a photo for try-on, you grant the Company a limited license, strictly necessary to process and generate the result you requested.

9. Indemnification for user-uploaded content

The Company assumes no responsibility whatsoever for photos or content uploaded by users, and in particular for any photo uploaded in violation of Section 4 (including photos of minors). Full legal and financial responsibility for such content, and for anything that results from it, rests exclusively with the user who uploaded it.

You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and service providers from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

your breach of the representations and warranties in Section 4, including any upload of a photo of a minor or of another person without their consent;
any claim brought by a third party whose image or likeness you uploaded without authorization;
your violation of these Terms or of applicable law.

This obligation survives the termination of your account or of these Terms.

10. Limitation of liability

The App is provided "as is". To the extent permitted by law, the Company is not liable for indirect damages resulting from your use of the App, the accuracy of AI-generated results, or issues related to products purchased from third-party retailers. The Company is likewise not liable for any consequence arising from content that a user has uploaded in violation of Section 4, responsibility for which rests solely with that user.

11. Termination

You may close your account at any time from the App's settings. We reserve the right to suspend or delete accounts that violate these Terms, with prior notice where reasonably possible.

12. Governing law

These Terms are governed by Italian law. Any dispute will be resolved by the competent courts of Italy, without prejudice to your rights as an EU consumer to bring proceedings in the courts of your country of residence.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

14. Entire agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company regarding the App, and supersede any prior or contemporaneous understandings, whether written or oral.

15. No waiver

Our failure to enforce any right or provision of these Terms on any occasion will not be considered a waiver of that right or provision, or of our ability to enforce it on any future occasion.

16. Force majeure

The Company will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to outages or failures of third-party service providers (such as Supabase, RunPod, Apple, or Google), natural disasters, internet or telecommunications failures, or other events of force majeure.

17. Assignment

We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent.

18. Changes to these Terms

We may update these Terms from time to time. Continued use of the App after a change constitutes acceptance of the new Terms.

19. Contact

Cubo Software
Via Tagliaferro 12, Scarperia e San Piero, Firenze, Italy
Email: contact@focusonme.fashion