SPOOKYFITS

SpookyFits Terms of Service

Last Revised: October 29th, 2025

Effective Upon Accessing or Using the Services

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your use of SpookyFits, an app and service operated by SPOOKYFITS LLC, a limited liability company ("Company," "we," "us," or "our"). By accessing or using the Services, you acknowledge and agree to these Terms and the accompanying Privacy Policy. Your continued use of the Services constitutes binding acceptance of these Terms, effective immediately. You are bound by these Terms regardless of whether you revisit or explicitly review them thereafter. If you do not agree, do not use the Services.

2. WHO MAY USE THE SERVICES

You must be thirteen (13) years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of majority in their jurisdiction but that are at least thirteen (13) years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of thirteen (13) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

3. TRANSFORMATION LIMITS AND ACCOUNT TYPES

SpookyFits offers different usage tiers based on your account status. These limits are subject to change at the Company's sole discretion. Attempts to circumvent these limits through any means constitute a violation of these Terms and may result in termination of access.

3.1 Guest Users (Unregistered)

Guest users are permitted a limited number of costume transformations for evaluation purposes. Once this limit is reached, you must create an account to continue using transformation features.

3.2 Registered Users (Non-Subscribers)

Users who create a free account receive a limited number of costume transformations. Once this limit is reached, you must subscribe to continue using transformation features. Non-subscribing registered users may continue to browse costumes, participate in voting features, and view public content.

3.3 Premium Subscribers

Users who maintain an active paid subscription ($7.99 per week, subject to change) receive expanded access to transformation features subject to a fair use policy. The Company reserves the right to implement usage limitations or restrictions to prevent abuse, ensure service quality, and protect against automated usage.

3.4 Enforcement

We employ technical measures to enforce transformation limits. Any attempt to circumvent these limits constitutes a material breach of these Terms and may result in termination of your access with no refund of any subscription fees paid.

4. LICENSE TO USER CONTENT

You retain ownership of any content (including photos, videos, text, AI-generated outputs, and personal likeness) that you upload, create, or submit in SpookyFits ("User Content"). By using the app or uploading User Content, you grant the Company a limited license to use, reproduce, modify, adapt, publish, distribute, and display your User Content for the following purposes:

5. OPT-OUT RIGHTS

You may opt out of promotional use of your User Content by contacting support@spookyfits.com. If you do not want your content used for service improvement (AI training), you may request deletion of your content, though this may limit or prevent your ability to use certain features of SpookyFits.

6. USER CONTENT, WARRANTIES, AND LIABILITY

You represent and warrant that you either own all intellectual property rights in any content you upload or create, or you have obtained all necessary rights and permissions from the appropriate owners to use that content on SpookyFits. This includes obtaining consent to use any third-party materials (for example, images, music, or graphics) in your uploads, and permission from any individuals whose likeness or personal data is uploaded. You are solely responsible for the legality and appropriateness of your User Content, including ensuring that uploading or generating such content does not infringe any copyright, trademark, privacy, publicity, or other rights of any third party.

7. WAIVER OF RIGHTS AND PERMISSIONS

By providing User Content, you waive any rights to prior inspection or approval of how the Company uses that content. You waive and release any moral rights (for example, rights of attribution or integrity) in your content and any rights of publicity or privacy you might otherwise claim regarding the Company's use of your name, likeness, or identity in connection with your content. You agree that the Company may use your content (including images of you or that you created) in any manner without any obligation to credit you or seek further approval, to the maximum extent permitted by law.

You acknowledge that once content is uploaded or shared via SpookyFits, it may become public or broadly accessible, and the Company cannot control or prevent further dissemination by third parties. For example, other users might screenshot or repost your shared images. The spread of content is an inherent part of the service, and by using SpookyFits you accept that you lose some control over your content once it is shared.

8. SUBSCRIPTION TERMS AND BILLING

By subscribing to SpookyFits Premium, you agree to the following terms governing your subscription, billing, and usage rights.

8.1 Pricing and Billing

SpookyFits Premium is offered as a weekly recurring subscription at $7.99 per week (United States Dollars), subject to change at the Company's discretion with advance notice. You will be charged the then-current subscription price at the time of each renewal.

8.2 Auto-Renewal and Payment

Your subscription will automatically renew at the end of each billing period (weekly) unless you cancel before the renewal date. By subscribing, you authorize the Company and its payment processor to automatically charge your payment method on file at the start of each billing period.

8.3 Cancellation

You may cancel your subscription at any time through your device's subscription management settings (iOS: Settings → [Your Name] → Subscriptions → SpookyFits). Cancellation must be completed at least 24 hours before the next scheduled renewal date to avoid being charged for the next billing period.

8.4 Refunds

Subscription fees are nonrefundable except as required by applicable law or as determined by Apple Inc. in accordance with their App Store refund policies. SpookyFits does not directly process refunds; all refund requests must be submitted to Apple Inc. through your device's App Store account.

9. CONTENT MODERATION AND PROHIBITED CONTENT

SpookyFits is committed to maintaining a safe, respectful, and lawful community environment. By submitting, uploading, or creating any content on SpookyFits, you agree to comply with this Content Moderation Policy. Violation of this policy may result in content removal, account suspension, permanent ban, or legal action.

You agree that you will not upload, create, submit, or share any content that contains nudity, sexual content, violence, hate speech, harassment, copyright infringement, depicts minors inappropriately, impersonates others, contains spam, violates laws, discloses personal information without consent, is fraudulent, promotes illegal activities, or is otherwise objectionable.

10. AGE VERIFICATION AND PARENTAL CONSENT

SpookyFits is not intended for children under the age of 13. Use of SpookyFits is restricted to individuals aged 13 and older who reside in the United States or its territories.

Users between the ages of 13 and 17 may use SpookyFits only with the consent of a parent or legal guardian. By using SpookyFits, minors affirm that they have obtained such permission.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOUR USE OF SPOOKYFITS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

12. APPLE APP STORE TERMS

If you access SpookyFits through the Apple App Store, your use of the app is subject to Apple Inc.'s App Store Terms of Service in addition to these Terms. All in-app purchases, including subscriptions, are processed by Apple. All refund requests must be submitted to Apple in accordance with Apple's refund policies.

13. DATA RETENTION AFTER ACCOUNT DELETION

When you delete your SpookyFits account, your ability to log in and access the app is immediately terminated. We will make reasonable efforts to delete your User Content (including photos, images, and AI-generated outputs) from our active systems. Certain data may be retained in anonymized form (disconnected from your identity) for legitimate business purposes including analytics, app improvement, recommendations, and ranking systems. This anonymized data includes transformation history metrics, analytics and usage data, voting and preference data, and de-identified AI training data.

Content that has already been published in promotional materials, advertisements, or marketing campaigns prior to your deletion request may continue to appear in those already-distributed materials, as we cannot recall previously published content. However, we will remove your personal identifiers (name, username, email) from our systems to ensure the content is dissociated from your identity.

14. CONTINUED USE AND TERMINATION

The Company may update these Terms from time to time (with the "Last Revised" date updated accordingly). Material changes will be communicated via the app or website. By continuing to use the app after any update, you agree to the revised Terms.

The Company reserves the right to terminate or suspend your access to SpookyFits at any time for violation of these Terms or at its discretion. Upon termination of your account, your User Content will be deleted from active systems as described in the Data Retention After Account Deletion section above. The indemnity provisions in these Terms survive and remain enforceable even after account termination.

15. DISPUTE RESOLUTION AND BINDING ARBITRATION

15.1 Informal Resolution Required

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or SpookyFits by contacting the Company directly at support@spookyfits.com. You must provide a detailed description of the dispute and your desired resolution. The Company will have 60 days from receipt of your notice to attempt to resolve the dispute informally. Both parties agree to engage in good faith negotiations to resolve the dispute before proceeding to arbitration.

15.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiations within 60 days, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of SpookyFits (collectively, "Disputes") shall be resolved exclusively through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules"), except as modified by this arbitration provision. Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

15.3 Arbitration Costs

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

15.4 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator in accordance with the JAMS Rules and shall take place remotely via video conference or teleconference unless both parties agree to an in-person hearing. Arbitration will be handled on an individual basis – class arbitrations and class actions are not permitted. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Judgment on the arbitration award may be entered in any court that has jurisdiction. The arbitrator shall have the authority to award any relief that would be available in court under applicable law, but shall not have the authority to award punitive or exemplary damages unless specifically authorized by statute.

15.5 Waiver of Jury Trial and Class Actions

YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY. You and the Company agree that Disputes will be resolved only on an individual basis and not as a class action, class arbitration, or any other representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company. If any court or arbitrator determines that the class action waiver is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.

15.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies for small claims court jurisdiction, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or proprietary rights.

15.7 Opt-Out of Arbitration

You have the right to opt out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt out to support@spookyfits.com. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt out of these arbitration provisions, the Company also will not be bound by them.

15.8 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that in the event that there are one hundred (100) or more individual Claims of a substantially similar nature filed against the Company by or with the assistance of the same law firm, group of law firms, or organizations, then within a 30-day period (or as soon as possible thereafter), JAMS shall (a) administer the arbitration demands in batches of one hundred (100) Claims per batch (plus, to the extent there are less than 100 Claims left over after the batching described above, a final batch consisting of the remaining Claims), (b) appoint one arbitrator for each batch, and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

All parties agree that Claims are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by the Company. You and the Company agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes, and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

15.9 Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth above, or if arbitration does not apply, then the state and federal courts located in Florida. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.

15.10 Severability

If any provision of these Terms is found to be illegal or unenforceable, the rest of the Terms shall remain in full effect and the unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable. These Terms (together with the Privacy Policy) constitute the entire agreement between you and the Company regarding SpookyFits and supersede any prior agreements or understandings.