Vestry Terms of Service, with the Data Processing Agreement

Draft 2026-10-26, US edition · Issued by FortyTwo Venture GmbH · Public at /terms/, linked in the App Store listing and in the app's footer. Version {{VERSION}}, effective {{EFFECTIVE_DATE}}.

The short version

1. The service

1.1 Vestry is operated by FortyTwo Venture GmbH, Suurstoffi 20, 6343 Rotkreuz, Switzerland, UID CHE-207.871.215 ("we"). It shows your shoppers an AI preview of your products on them, and gives you Studio to try it yourself. Vestry is hosted in the United States (Google Cloud, Iowa); our AI partners are OpenRouter and fal, which pass the photo to the AI model that makes the image (Google, OpenAI, xAI and Bria), in the United States, and for some models in other countries.

1.2 The images are AI-generated previews and can be wrong. They don't show size or fit. Don't present them as accurate.

2. Where Vestry is offered

2.1 Vestry is offered only to stores located in the United States. You may install it only if your store is located there.

2.2 Only shoppers in the United States see the try-on. Shoppers whose country can't be determined may still see it.

2.3 You must not offer Vestry to shoppers in other countries, or work around the country check. If your store moves to another country, uninstall Vestry.

2.4 We may hide the try-on, or suspend your store, where these rules aren't met.

3. Accepting these Terms

3.1 You accept these Terms, including the Annex, by installing or using Vestry. Shopify's terms also bind you to the terms of the apps you use.

3.2 For each store we record the install date and the version of these Terms in force on that date. All versions stay published at /terms/.

3.3 Changes. We tell you about material changes in the app and by email 30 days ahead. If you keep using Vestry after that date, you accept the new version. If you don't agree, uninstall before that date.

4. Fees

4.1 Shopify bills you under your plan. Free try-ons and limits are as shown in the app. We give {{PRICE_CHANGE_NOTICE_DAYS}} days' notice of a price increase.

4.2 Free Studio try-ons are given once per store and don't reset if you reinstall. Feedback sent "with images" may earn extra free try-ons, as shown in the app.

5. Your duties

5.1 Tell your shoppers. Your privacy policy covers the fitting room; our merchant snippet (/merchant-privacy-snippet/) helps. Keep your privacy policy easy to find on your store, for example linked in the footer.

5.2 Email step and marketing. The email step is off by default. If you turn it on, you're responsible for that choice, and for every marketing email you send under the laws that apply to you, such as the CAN-SPAM Act: keep consent records, identify yourself with your name, a valid physical postal address and contact details, include a working unsubscribe link, and honor unsubscribes within 5 business days.

5.3 Children. Don't offer the try-on for products, collections or stores aimed at people under 18.

5.4 Product images. You hold the rights to your product images, and you let us and our AI partners use them only to make try-on images.

5.5 Honest selling. Don't claim the images show exact fit, size or color. The FTC Act and state consumer protection laws ban misleading claims.

5.6 Label AI images. Try-on and Studio images are made by AI. If you publish one, for example on a product page, in an ad or on social media, say clearly that it is AI-generated, and don't remove the AI marker in the file.

5.7 Health data in Washington. If you sell to people in Washington State, you're responsible for any consumer health data privacy policy the My Health My Data Act requires of you.

6. Acceptable use

6.1 Studio photos. Upload only your photo, or someone's with their written consent. Never upload a shopper's photo, a photo of anyone under 18, or a photo of a public figure.

6.2 You and your staff must not:

• upload nude or sexual images, or make intimate images of anyone;
• make deepfakes or impersonate anyone;
• use Vestry to identify, profile or track people;
• extract, copy or scrape shopper data, photos or images;
• use Vestry's output to train AI.

6.3 If a store breaks these rules, we may suspend its try-on, after notice where we can. Images reported as showing a child, or used without permission, are removed within 24 hours. Misuse can have legal consequences, and we report it to the authorities where the law requires it. Report misuse to {{PRIVACY_EMAIL}}.

7. Studio feedback

If you send feedback "with images", only our team sees your photo and result, to find the problem and improve our instructions to the AI. Choosing "Send with images" is your consent to this. The images are never used to train AI models, and they are deleted within 24 hours, or at once if you uninstall.

8. Data protection

The Annex (Data Processing Agreement) applies to shopper data and takes precedence over these Terms on data protection. Our privacy policy (/privacy/) covers your account data and Studio.

9. Our duties

We run Vestry with reasonable care and skill and keep the security measures in Annex, part C.

10. Content and rights

10.1 You keep the rights in your product images and settings.

10.2 We keep all rights in Vestry, including the VESTRY mark shown on images.

10.3 You may use the generated images in your store as previews, as far as the law and our AI partners' terms allow. If an image shows a real person other than you, you need their written consent before you use it. {{OUTPUT_RIGHTS}}

11. Liability

11.1 Our total liability in any 12 months is limited to the fees you paid in that period, or CHF {{LIABILITY_FLOOR}} if that's more.

11.2 This limit doesn't apply to intent or gross negligence, or wherever the law doesn't allow a limit.

11.3 We're not liable for decisions shoppers make based on an AI preview.

12. Term and end

You may uninstall at any time. We may end these Terms with {{TERMINATION_NOTICE_DAYS}} days' notice, or at once for a serious breach, including a breach of section 2. On uninstall, shopper data is deleted as set out in Annex, section A10, and your account data as set out in our privacy policy: everything within 30 days, except the billing records and the install record (install date and Terms version), which Swiss law requires us to keep for 10 years.

13. Law and courts

Swiss law, without its conflict-of-law rules and without the UN Sales Convention (CISG). Courts of the canton of Zug, Switzerland. This doesn't remove any right that the law of your state gives you and that can't be excluded by contract.

Annex · Data Processing Agreement

The short version

A. Terms

A1 Roles and scope. For shopper data you are the controller (the business accountable for it) and we are your processor. For your own account data we are a controller (see our privacy policy). This Annex applies whenever Vestry processes personal data for your store. We follow the Swiss Federal Act on Data Protection, and this Annex is written so you can meet your duties under US federal and state privacy law, among them the state consumer privacy laws such as California's CCPA.

A2 Instructions. We process shopper data only on your documented instructions: these Terms, this Annex and your settings in the app. We tell you if we believe an instruction breaks data protection law. We never sell shopper data, use it for our own purposes, combine it across stores, or use it or Shopify data to train AI.

A3 Your duties. You offer the try-on only as section 2 of the Terms allows, tell shoppers about the fitting room in your privacy policy, keep the try-on off for children's products, and are responsible for the email step if you turn it on (Terms, section 5.2). You never upload shopper photos in Studio.

A4 Confidentiality. Everyone who can reach shopper data is bound to confidentiality. No one on our team looks at shopper images.

A5 Security. We apply the measures in part C.

A6 Subprocessors. You authorize the subprocessors listed at /subprocessors/. Each one is bound in writing to data protection obligations comparable to this Annex, including no training on the data and deletion of photos within 24 hours unless the law requires them to keep it, and we remain fully liable for them. We give 30 days' notice before adding or replacing one. You may object on reasonable data protection grounds. If we can't resolve your objection, you may end the Terms and get a pro-rata refund.

A7 Where the data is. Shopper data is stored in the United States: we host on Google Cloud in Iowa, and our email sender is in the United States. The photo and product image go to the AI model that makes the image, which can be outside the United States (/subprocessors/). We are a Swiss company, so Swiss law governs how we send data to the United States: we rely on the Swiss-US Data Privacy Framework once we have confirmed the recipient on the official list (checked before first use and every year), or else on standard contractual clauses recognized by the FDPIC. Where a partner contracts through a European company (for OpenAI: OpenAI Ireland Ltd), that partner's own clauses cover its onward transfer to the United States. The details are at /subprocessors/.

A8 Requests from shoppers. Shoppers delete their photos themselves in the fitting room. We pass any other request we receive to you within 24 hours, weekends included. We complete Shopify's customers/data_request within 24 hours and customers/redact within 7 days, and shop/redact within 30 days. If your state's law gives you less time, tell us and we help you meet it.

A9 Breaches. We tell you immediately, and in any case within 48 hours, once we have reasonable grounds to believe that a breach affects shopper data. We share what we know and update you as we learn more, so you can assess it and notify the people and authorities that US state breach laws require. We keep a record of every breach for at least 24 months. We tell Shopify within 24 hours.

A10 End of processing. When you uninstall, we stop processing, delete photos and images at once, and delete everything else within 30 days, unless the law requires us to keep an item; then only that item, only as long as the law requires.

A11 Help and audits. For your own risk assessment, any data protection assessment a state law requires of you and any dealings with an authority, we provide this Annex, the subprocessor list, a security summary and the results of our compliance checks. You may audit once a year, with 30 days' notice, at your own cost and under confidentiality.

A12 California. Where the CCPA applies, we are your service provider. We don't sell or share shopper data (as the CCPA defines those terms), and we don't retain, use or disclose it for any purpose other than those in part B, or outside our direct business relationship with you. We comply with the CCPA and give the data the level of privacy protection it requires. We tell you if we can no longer meet these obligations; you may then take reasonable and appropriate steps to stop and remediate unauthorized use. You may also take reasonable steps to check that we use the data in line with the CCPA (A11).

A13 Liability and law. As in the Terms, unless the standard contractual clauses require otherwise.

B. Processing details

C. Security measures

Hosting on Google Cloud in Iowa, United States (us-central1) · private storage, no public access · photos and images deleted by our own sweep before 24 hours, with a storage rule as backup · short-lived signed links · encryption in transit and at rest · database backups kept 7 days, with no images · AI partners get only the photo and the product image · logs contain no images, emails or image links · multi-factor login and least-privilege access for staff · access log for shopper data · test and production kept separate · incident response plan · yearly review.

D. Subprocessors

See /subprocessors/.