Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the TidyStreak iOS application, the tidystreak.com website, and related services (collectively, the “Service”), all operated by THEFIT, Inc. (“TidyStreak,” “we,” “our”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

App store distribution terms (Apple and Google Play)

The following terms apply specifically to your use of the Service obtained through the Apple App Store or the Google Play Store (each, a “Store”). If any term in this section conflicts with another section of these Terms, this section controls for App Store and Google Play distribution.

A. Acknowledgement

These Terms are an agreement between you and TidyStreak, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). TidyStreak, not Apple or Google, is solely responsible for the Service and its content. These Terms do not provide usage rules for the Service that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service.

B. Scope of License

TidyStreak grants you a limited, non-transferable, non-exclusive, non-sublicensable license to install and use the Service on Apple-branded products or Android-based devices that you own or control, and as permitted by the App Store and Google Play usage rules. You may access the Service on additional accounts associated with you via Family Sharing (Apple) or Google Play Family Library, where permitted. These Terms govern any updates, modifications, or supplements to the Service provided by TidyStreak unless a separate license accompanies that update, in which case the terms of that separate license will govern.

C. Maintenance and Support

TidyStreak is solely responsible for providing any maintenance and support services for the Service. Apple and Google have no obligation whatsoever to furnish any maintenance or support services for the Service. You can reach us for support at tidystreak.com/contact.

D. Warranty

TidyStreak is solely responsible for any warranties for the Service, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify the App Store, and Apple may refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Service, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

E. Product Claims

TidyStreak, and not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Service or your possession and use of the Service, including (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

F. Intellectual Property Rights

In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, TidyStreak, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

G. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

H. Developer Name and Address

THEFIT, Inc.
9620 S Las Vegas Blvd E4
Las Vegas, NV 89123
United States

For inquiries, complaints, questions, or claims concerning the Service: tidystreak.com/contact.

I. Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Service (for example, your wireless data service agreement, or terms of any third-party service you access through the Service).

J. Third Party Beneficiary

You acknowledge and agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

TidyStreak-specific terms

Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older.

Your account

You are responsible for the activity that occurs under your account and for keeping your sign-in credentials confidential. You agree to use one account per person and to provide accurate information when prompted. We may suspend or terminate accounts that violate these Terms.

Acceptable use

The Service is designed for one specific purpose: to help you score and improve the tidiness of your own rooms (kitchen, bedroom, bathroom, desk, or similar) by submitting photos of those rooms for analysis by our Clutter AI. Any other use of the Service is outside its intended scope and is prohibited.

Regulated-industry disclaimer. The Service is not designed for, audited for, or appropriate for handling regulated data or use within regulated industries. This includes, without limitation, regulations relating to personal health information, financial industry data, or any other use regulated by a government, agency, or industry body you are subject to. Do not use the Service if your interactions would be subject to such regulations. See our Privacy Policy for related data-handling commitments.

Photo content rules. You agree not to submit any photo that contains:

• Personally identifiable information (PII).Photos must not capture documents, screens, mail, ID cards, credit cards, prescription labels, or any other surface that displays names, addresses, account numbers, government identifiers, or other personally identifying details (yours or anyone else’s).
• Visible faces of any person. The Service is not designed to analyze or identify people. Frame your photos so no face is visible. If a person enters frame inadvertently, do not submit the photo. Children must never appear in any photo, even partially.
• Adult, sexual, violent, or otherwise objectionable content, including nudity, sexual imagery, depictions of violence, gore, hate symbols, or content glorifying self-harm.
• Content unlawful in your jurisdiction or under any law that applies to you, including illegal items, substances, or activities.
• Other people’s rooms or property without their explicit permission, and never images that violate another person’s privacy, intellectual-property, or publicity rights.
• Copyrighted or trademarked content you do not have the right to submit (artwork, posters, branded merchandise where the depiction itself is the focus, etc.).

See our Privacy Policy for how we handle and process photos you submit.

Service-misuse rules. You also agree not to:

• Use the Service for any purpose other than scoring tidiness of your own rooms, including any attempt to use the Service for general image classification, content moderation, identity verification, surveillance, training of competing products, or any other downstream purpose;
• Attempt to access, probe, scrape, reverse-engineer, decompile, or interfere with the Service or its underlying infrastructure in any manner not expressly permitted, including by automated means;
• Circumvent or attempt to circumvent rate limits, bot challenges, authentication, or any other access controls;
• Use the Service to send malware, spam, or any harmful or deceptive payload;
• Resell, redistribute, sublicense, or commercially exploit the Service without our prior written authorization; or
• Use the Service in any way that violates applicable law, including export-control, sanctions, anti-spam, child- protection, or privacy laws.

We may, at our sole discretion and without liability, refuse, remove, or limit access to any photo or account that violates these rules; suspend or terminate accounts that engage in prohibited use; and report unlawful activity to the appropriate authorities.

Your content

You retain ownership of the photos and other content you submit (your “Content”). You grant TidyStreak a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, process, analyze, display, and otherwise use your Content as needed to operate, secure, evaluate, and improve the Service, including refining the Service’s Clutter AI scoring, tips, and other features over time. We will not sell your Content to third parties. Our handling of your Content is described in our Privacy Policy.

AI-generated outputs are approximations

Scores, dimension breakdowns, tips, and other outputs generated by the Service are produced by automated AI models and are approximations only. They reflect a model’s interpretation of the photos and other inputs you submit and may be incorrect, inconsistent across runs, or fail to capture context the model cannot see. They are intended for informational and motivational purposes and do not constitute professional advice of any kind. You are solely responsible for any decisions you make based on the Service.

Subscriptions, trial, and renewal

The Service may offer a free trial period followed by a paid subscription. The duration of the trial and the price, frequency, and currency of the subscription will be disclosed at the time of sign-up. Subscriptions automatically renew at the then-current price for successive periods unless you cancel at least 24 hours before the end of the current period. You can cancel at any time through your application-store account settings.

Subscription billing and payment processing are handled through the applicable application store (such as the Apple App Store or Google Play Store) and are subject to that store’s terms, including its refund policy. We do not separately collect payment information or process refunds.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TIDYSTREAK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIDYSTREAK AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TIDYSTREAK IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

DMCA / copyright infringement

We respect intellectual-property rights and respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act (DMCA). If you believe content available through the Service infringes a copyright you own, please send a written notice to our designated agent through our contact form including: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorized to act. We will respond to valid notices and may remove the material and terminate repeat infringers.

Termination

You may stop using the Service at any time. You can delete your account directly from the iOS app (Settings › Account › Delete account) or by requesting deletion via our contact form. We may suspend or terminate your access at any time for any reason, including a violation of these Terms. Upon termination, the rights granted to you under these Terms will end, and you must stop all use of the Service and delete all copies of the application from your devices.

See our Privacy Policy for our data retention practices after termination and how to request deletion of your information.

Changes to these Terms

We may update these Terms from time to time. We will revise the “Last updated” date above and, for material changes, notify users through the application or website. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to the arbitration provisions below, any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Mandatory arbitration; class-action waiver

Please read this section carefully. It affects your rights.

Binding arbitration.Except for disputes that qualify for small-claims court and except for claims to enforce our intellectual-property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English and seated in Delaware unless the parties agree otherwise. The arbitrator’s award is final and may be entered as a judgment by any court of competent jurisdiction.

Class-action waiver. You and TidyStreak each waive any right to bring or participate in a class, collective, or representative action. Disputes will be resolved on an individual basis only. The arbitrator may not consolidate the claims of multiple parties or preside over any class or representative proceeding.

30-day opt-out. You may opt out of this arbitration provision by sending written notice through our contact form within 30 days of first accepting these Terms. Your notice must include your name and the email address associated with your account and must clearly state that you wish to opt out. Opting out will not affect any other provision of these Terms.

Severability of arbitration provisions. If the class-action waiver is found unenforceable as to a particular claim, that claim must be brought in court rather than arbitration; the remaining claims remain subject to arbitration.

Severability and waiver

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed), and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of that right or provision.

Contact

See subsection H above for our full mailing address. For all inquiries: tidystreak.com/contact.