Terms of Service

Version: 07.07.2025

1. General provisions

These terms and conditions (hereinafter referred to as: “Terms and Conditions”) define the scope, rules and conditions of use of the PixDrobe mobile Application (hereinafter referred to as: “Application”).
Application – a mobile application available on Android and iOS platforms, enabling Users to virtually try on clothes. The Application is intended for personal use only. The Application uses artificial intelligence (AI) functionality, which generates a visualisation based on a photo of the User and a photo of the selected item of clothing. Details of the AI functionality are specified in §2 - Functionality of the artificial intelligence (AI) tool - virtual fitting room.
The Provider of the Application is FLASHX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Białystok, 6/32Warszawska Street, 15-063 Białystok, entered in the Register of Entrepreneurs kept by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number: 0001159208, NIP: 9662203557, REGON: 54105653300000. The provider of the artificial intelligence tool is FASHN LTD. 71-75 Shelton Street, Covent Garden London, UK, WC2H 9JQ.
Contact: The User may contact the Service Provider:

by email at: contact@pixdrobe.com and
in writing to the following address: 6/32 Warszawska Street, 15-063 Białystok.

Reading and accepting the Terms and Conditions is a prerequisite for using the Application.

2. Functionality of the artificial intelligence (AI) tool - virtual fitting room.

The Application uses Artificial Intelligence (AI) functionality to allow the User to virtually try on clothes by generating a silhouette of the User wearing the selected garment - based on photos.
Based on a photo of the selected garment and a photo of the User’s silhouette, the Application generates a visualization of the User wearing the selected garment.
Performance of the AI may be limited by the quality of the data provided by the User.
The Application Provider will endeavour to make the matching results as accurate as possible, but does not guarantee the complete conformity of the results with the Users’ expectations.
Functionality does not include matching the correct size of the selected garment.

3. Other Definitions

The capitalised terms used in the Terms and Conditions shall have the following meanings:

Application - the Application being a service provided electronically to Users by the Application Provider in the Software as a Service (SaaS) model in accordance with the Terms and Conditions;
User - any natural person, consumer, owning a smartphone with Android or iOS operating system and Internet access, who downloads the Application from the Google Play store or App Store and creates an account;
Update - the process of introducing changes, corrections or new features to the Application. Its purpose is to improve operation of the Application, increase its security, add new functionalities or repair any errors;
Critical error – a disruption resulting in an interruption in the provision of the Application or a significant reduction in the quality of the provided Application, which significantly impedes or prevents the operation of the Application;
Non-critical error – disruptions in provision of the Application which do not constitute a Critical Error;
Backup – the Application Provider making a backup copy of the data entered by Users into the Application, allowing for recovery and restoration of the environment after a Critical Error and recovery of the original data in the event of their loss or damage;
Business Day – a weekday from Monday to Friday during business hours from 8:00 a.m. to 4:00 p.m. (UTC), excluding public holidays;
Account – a separate space within the Application, accessible only to the User;
Access licence – a type of agreement between the Application Provider and the User regarding the right to access and use the intellectual property belonging to the Application Provider, which is the Application;
Billing period – a calendar month counted from the date of granting access to the Application;
Tariff plan – information about the price and types of Accounts of Users who are Employers, with an indication of functionalities;
Registration – the process of creating a User Account;
Server room/Server – a professional data centre equipped with hardware infrastructure enabling functioning of the Application;
Force Majeure – an external event that could not have been foreseen or prevented even with the utmost care. Such an event is extraordinary, does not depend on the will of the parties and may prevent or significantly impede performance of obligations under the agreement;
End Device – mobile devices used to log in to the Application;
The Act – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2024, item 1513).

4. Technical requirements

In order to use the Application, the User must have:

An End Device with an Android operating system (e.g. version 8.0 or later) or iOS (e.g. version 13.0 or later) with access to a camera and sufficient memory to install the application;
a stable Internet connection (Wi-Fi or mobile data) with sufficient speed for comfortable photo transfer (e.g. minimum 1-2 Mbps upload/download).

5. Registration and access to the Application

In order to register and use the Application, you must download it from Google Play (for Android) or the App Store (for iOS).
The terms of use for Google Play are available at: https://play.google.com/intl/ALL_pl/about/play-terms/ The terms and conditions of use of the App Store are available at: https://www.apple.com/legal/internet-services/itunes/pl/terms.html
Access is granted to a specific User.
After installing and launching the Application, the User must create an Account using the Google or Apple ID login option.
After successfully logging in, the User gains access to the Application’s features in accordance with the Tariff Plan (Free by default).
The number of slots for photos depends on the selected Tariff Plan.
The Application Provider is not liable for any damage resulting from the suspension or deletion of the Account by the User.

6. Tariff plans

The Application operates on a freemium model with different levels of paid subscriptions (Allure, Finesse, Majesty, Divine).
All prices listed in the Tariff Plan are gross prices (including tax). The currency in which prices are displayed depends on the country of registration of the User’s Account and is determined in accordance with the rules applicable in the Google system.
The fee for the Application is paid for the entire Billing Period in advance and is non-refundable even if the User cancels their subscription earlier.
Payments are made via cards registered with Google Play or Apple Pay. Information on adding, removing and editing payment methods in Google Play is available at: https://support.google.com/googleplay/answer/4646404?hl=pl&co=GENIE.Platform%3DAndroid Information about adding, removing, and editing payment methods in Apple Pay is available at: https://www.apple.com/pl/apple-pay/
The User may unsubscribe at any time by cancelling the subscription in the subscription management settings in the Google Play Store or App Store. The subscription will remain active until the end of the current paid billing period, after which the account will be downgraded to the free plan. The Account will be permanently deleted after 90 days of inactivity, and photos, visualisations and account information will be permanently deleted from the Servers.
In order to preserve photos and generated visualisations, they must be downloaded to the End Device before the expiry of the period referred to above.

7. Obligations of the Application Provider

The Application Provider shall make every effort to ensure the uninterrupted technical functioning of the Application and shall make every effort to provide Users with the highest quality of the Application.
The Application is available only as is. The Application Provider does not guarantee that the Application is free from defects.
The Application Provider shall not be liable for any technical problems or technical limitations that occur on the User’s End Device and which prevent or hinder the User from using this Application.
The Application Provider shall not be liable for any disruption in the functioning of the Application caused by Force Majeure, even if it results in the loss of data by the User.
The Application Provider shall not be liable for errors in the functioning of the Application caused by errors and actions on the part of service providers, including in particular Google Play and the App Store, even if they result in the loss of data by the User.
The Application Provider shall not be liable for any damage caused by the actions or omissions of Users or other persons, in particular for their use of the Application in a manner inconsistent with applicable law or the Terms and Conditions.
Updates to the Application are made available through Google Play and the App Store. The time required to download and install them depends on the settings of the End Device (automatic or manual) and may occur at any time.
Backups of the Application are performed daily.

8. Procedure for reporting Application errors (Complaints)

The Application Provider accepts reports of Application errors at the following e-mail address: contact@pixdrobe.com
In the content of the e-mail, the User is obliged to provide:

description of the error,
time of occurrence,
attachments in the form of screenshots (recommended).

A report made outside of business hours on a Business Day shall be deemed to have been made during the first business hour of the Business Day on which the report was made or the next Business Day following the day on which the report was made.

9. Application error repair procedure

The Application Provider shall take steps to remove errors based on the report and verify the validity of the report and the classification of the error.
The response time for an error classified by the Application Provider as a Critical Error shall be 48 working hours.
The response time for an error classified by the Application Provider as a Non-Critical Error shall be 14 working days.
In order to effectively remove the error, the Application Provider shall, as soon as possible, take steps to minimise the effects of the error by determining the corrective measures that can be taken by the Application Provider’s personnel.
The report shall be processed within the time limit specified in sections 2 and 3, if the cause of the report occurred on the part of the Application Provider.
The User shall be informed by the Application Provider by return e-mail about the removal of the error.
The Application Provider reserves the right to resolve particularly complex problems by means of Updates.
The request shall be deemed fulfilled upon removal of the error.

10. Intellectual property

The User is obliged to respect the intellectual property rights of the Application Provider, in particular those arising from copyrights, invention registrations, patents, trademarks, utility models and industrial designs.
All rights to the Application, including economic copyrights, intellectual property rights to its name, as well as to designs, forms and logos, belong to the Application Provider, and may only be used in accordance with the Terms and Conditions and applicable law.

11. Personal data protection

The Data Controller of personal data processed in the Application is the Application Provider.
The User may contact the Data Controller:

by email at contact@pixdrobe.com and
in writing to the following address: 6/32 Warszawska Street, 15-063 Białystok.

The Application Provider declares that it has the appropriate technical and organisational measures, including appropriate security measures, to process personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, OJ EU L 119, p. 1, hereinafter referred to as the GDPR).
The Data Controller may process personal data provided by the User on the basis of the consent given by the User (Article 6(1)(a) of the GDPR) and solely for the purpose of the User’s use of the Application in accordance with the intended purpose of the Application and on the basis of the Terms and Conditions accepted by the User (Article 6(1)(b) of the GDPR). Provision of data is voluntary, but failure to provide it will prevent cooperation between the Parties/achievement of the selected purpose or is specified by legal provisions that determine the necessary scope of data processing.
The Data Controller may also process User data for the following purposes:

fulfilment of legal obligations arising from legal provisions, in particular tax provisions (Tax Ordinance, Act on Goods and Services Tax, Accounting Act) (legal grounds – Article 6(1)(c) of the GDPR),
pursuing any claims and defending the rights of the Data Controller, responding to enquiries addressed to the Controller, contact requests, presentation of offers, as well as traditional marketing of own services during the term of the agreement (legal grounds – Article 6(1)(f) of the GDPR – “the legitimate interest of the Controller indicated above”),
direct marketing carried out by electronic/telecommunications means if consent to the processing of data for this purpose has been given (legal grounds – Article 6(1)(a) of the GDPR),
fulfilling obligations arising from the GDPR, e.g. in the scope of exercising the rights of data subjects, who have objected or withdrawn their consent, and creating the necessary registers or records (Article 6(1)(c) of the GDPR – legal obligation) and the legitimate interest of the Controller (Article 6(1)(f) of the GDPR), i.e. having knowledge of persons who have exercised their rights.
for statistical purposes (Article 6(1)(f) of the GDPR), i.e. in the scope of information about the End Device.

The Personal Data Controller processes such data as:

image,
identification data of the Application User and the End Device – in particular address, e-mail,
other data, if their provision is necessary for the proper performance of the service, e.g. in the scope of complaints.

The Personal Data Controller may transfer personal data to other entities, including: entities entrusted with data processing, e.g. server room providers, technical service providers and entities providing services such as: consulting or hosting services, based on a personal data processing agreement that meets the requirements of the GDPR, or to other controllers, e.g. the Polish Post, while maintaining appropriate security measures for data disclosure. At the same time, we would like to inform you that we do not transfer data outside the European Economic Area, subject to the transnational nature of data flows in situations where the transfer of such data takes place on the basis of Chapter V of the GDPR, including standard data protection clauses, binding corporate rules or a decision of the European Commission confirming an adequate level of protection, e.g. based on the EU-US Data Privacy Framework in connection with the use of trusted entities - monopolists (including Google, Apple).
The Data Controller processes Users’ personal data until the Account is deleted, unless otherwise required by applicable law.
In order to ensure data confidentiality, the Controller has implemented procedures, organisational and technical solutions enabling access to data only to authorised persons who process it in connection with their assigned tasks. Necessary measures are taken to ensure that subcontractors and other cooperating entities also guarantee the application of appropriate security measures whenever they process data on behalf of the Personal Data Controller.
Every person whose personal data is held by the Data Controller has:

the right to access their personal data;
the right to rectify their personal data;
the right to restrict the processing of their personal data;
the right to request the deletion of their personal data (unless specific provisions require the Data Controller to retain the data);
the right to withdraw consent to data processing - withdrawal of consent to personal data processing does not affect the lawfulness of processing based on consent before its withdrawal and may be exercised at any time;
the right to object to the processing of personal data (based on Article 6(1)(e) or (f)) - objection to the processing of personal data for direct marketing purposes, including profiling, leads to the absolute cessation of data processing for this purpose by the Data Controller;
the right not to be subject to a decision based solely on automated processing.

In the event of incorrect processing of personal data, the User has the right to lodge a complaint with the state supervisory authority for data protection, i.e. the President of the Office for Personal Data Protection.

12. Responsibility of the Application Provider

The Application Provider shall use reasonable care to ensure the proper functioning of the Application in accordance with the Terms and Conditions.
The Application is available only as is. The Application Provider does not guarantee that the Application is free from defects.
The Application Provider shall not be liable for any technical problems or technical limitations that occur on the User’s End Device and which prevent or hinder the User from using this Application.
The Service Provider shall not be liable for any disruptions in the functioning of the Application caused by Force Majeure, even if they result in the loss of data by the User.
The Application Provider shall not be liable for errors in the functioning of the Application caused by errors and actions on the part of service providers, including in particular Google Play and the App Store, even if they result in the loss of data by the User.
The Application Provider shall not be liable for any damage caused by the actions or omissions of Users or other persons, in particular for their use of the Application in a manner inconsistent with applicable law or the Terms and Conditions.

13. Dispute Resolution

The Parties undertake to resolve any problems and unforeseen situations amicably, in accordance with the principles of good cooperation, taking into account the interests of each Party.
If the dispute cannot be resolved amicably, the Parties shall submit the dispute to the court having jurisdiction over the registered office of the Application Provider.

14. Final provisions

These Terms and Conditions are public, free of charge and available in the Application, and their content may be recorded at any time by printing, downloading or saving to an external medium.
The Application Provider reserves the right to amend the Terms and Conditions, in particular for the following important reasons:

a change to the Terms and Conditions is necessary due to a change in generally applicable law,
the introduction of significant changes to the functioning of the Application and any of the Services, including those related to technical or technological progress,
the introduction of changes for security reasons, including those aimed at preventing the use of the Application in a manner contrary to the law or the Terms and Conditions.

In case of doubt as to the application of the Terms and Conditions, the Service Provider reserves the right to the final interpretation of its provisions, and the User has the right to request the Service Provider for an appropriate interpretation.
In matters not covered by the Terms and Conditions, the provisions of generally applicable law shall apply.