Terms of Service
Last updated: February 2026
1. Acceptance of Terms
By installing and using ModiTry ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not install or use the Service. These Terms constitute a legally binding agreement between you ("Merchant", "you") and ModiTry ("we", "us", "our").
2. Service Description
ModiTry provides an AI-powered virtual try-on service for Shopify stores. The Service includes:
- A storefront widget that allows customers to virtually try on products
- A merchant dashboard for managing products, viewing analytics, and configuring settings
- AI-powered image generation using third-party providers
- Email capture and lead management tools
- Analytics and reporting features
3. Usage Limits
Each plan has a monthly limit on virtual try-on generations. If you exceed your limit, try-on functionality will be paused until the next billing cycle or until you upgrade your plan. Usage limits reset on your billing anniversary date each month.
Current plan limits are displayed in your merchant dashboard. We reserve the right to modify plan limits with 30 days' advance notice.
4. Acceptable Use
You agree not to:
- Upload inappropriate, illegal, or harmful content
- Attempt to reverse-engineer, decompile, or disassemble any part of the Service or its AI models
- Use the Service for any unlawful purpose
- Circumvent or attempt to circumvent usage limits or security measures
- Use automated tools to access the Service beyond normal widget usage
- Sublicense, resell, or redistribute the Service without our written consent
- Use the Service in a way that could damage, disable, or impair our infrastructure
5. Intellectual Property
The Service, including its software, design, branding, and documentation, is the intellectual property of ModiTry and is protected by copyright, trademark, and other intellectual property laws.
You retain ownership of all product images and content you upload to the Service. By uploading content, you grant us a limited, non-exclusive license to process that content solely for the purpose of providing the Service.
Generated try-on images are provided for commercial use in connection with your Shopify store. You may not use generated images to train competing AI models.
6. AI-Generated Content Disclaimer
The virtual try-on results are generated by artificial intelligence and are approximate visual representations. Results may not perfectly represent how a garment will look on a real person. We do not guarantee the accuracy, completeness, or reliability of AI-generated images.
You are responsible for ensuring that AI-generated content used on your store is appropriate and does not mislead your customers. We recommend displaying appropriate disclaimers on your storefront alongside try-on results.
7. Billing and Payment
Billing for the Service is handled through Shopify's billing system. By selecting a paid plan, you authorize Shopify to charge the applicable subscription fee to your payment method on file with Shopify.
Free trial: New installations may include a free trial period. At the end of the trial, your plan will convert to the selected paid plan unless you cancel or uninstall the app before the trial ends.
Cancellation: You may cancel your subscription at any time by uninstalling the app from your Shopify admin. Cancellations take effect at the end of the current billing period. No prorated refunds are provided for partial billing periods.
Refunds: Refunds are handled in accordance with Shopify's app billing policies. If you believe you are entitled to a refund, please contact us at support@moditry.com.
8. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will provide advance notice when possible)
- Third-party service provider outages (including AI processing providers)
- Unforeseen technical issues
- Force majeure events
We will make commercially reasonable efforts to notify you of planned downtime and to resolve unplanned outages promptly.
9. Data Processing
Our processing of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
As a merchant, you are the data controller for your customers' personal data. We act as a data processor on your behalf. You are responsible for ensuring you have appropriate legal bases (such as consent) for collecting and processing your customers' data through the widget, including their photos and email addresses.
10. Limitation of Liability
To the maximum extent permitted by applicable law, ModiTry and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service.
Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Indemnification
You agree to indemnify, defend, and hold harmless ModiTry and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of any third party
- Content you upload to the Service
12. Modification of Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top and notify you via the email address associated with your Shopify store at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and uninstall the app.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, United States.
14. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to violation of these Terms, non-payment, or conduct that we reasonably believe is harmful to other users or the Service.
Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, indemnification, and governing law.
15. Contact
For questions about these terms, contact us at legal@moditry.com.