Terms of Service

Last updated: 19 August 2026 · Effective: 19 August 2026

These Terms of Service ("Terms") are a binding agreement between you and KW Assets, LLC, a limited liability company with an address at PO Box 10013, Washington, DC 20018-0013, USA ("Watch Size Check," "we," "us"), covering our website, our Shopify app, our APIs, our embeddable virtual try-on, and everything else we operate under the Watch Size Check name (together, the "Service").

They apply to three kinds of people, and some sections apply to only one of them:

Please read section 16 (Limitation of liability) and section 18 (Disputes and arbitration) carefully. They limit what we owe you and change how disputes are resolved, including by waiving class actions.

1. Accepting these Terms

You accept these Terms by installing our app, creating an account, embedding or calling the Service, or using the try-on. If you do not accept them, do not use the Service.

If you accept on behalf of a company, you represent that you are authorised to bind it, and "you" means that company. Retailer account holders must be at least 18. Shoppers must be at least 16; the Service is not directed at children under 16.

2. Which agreement controls

If you have signed a separate written agreement with us — a Master Service Agreement, Order Form, pilot or design-partner agreement — that agreement controls wherever it conflicts with these Terms, and these Terms fill any gap it leaves.

If you install through the Shopify App Store, Shopify's own terms govern your relationship with Shopify, including how charges are approved and collected. Nothing here overrides them, and where these Terms conflict with Shopify's requirements for app billing, Shopify's requirements control for that install.

Our Privacy Policy is part of these Terms and describes what we collect and why.

3. What the Service does — and what it is not

The Service estimates a watch's case width from product photography, estimates a shopper's wrist width from a photo taken on their own device, and renders the watch at an approximate physical scale on screen after the shopper calibrates their display.

It is a visual aid, not a measuring instrument. Every number it produces is an estimate produced by computer vision and by a manual screen calibration we cannot verify. Accuracy varies with photography, lighting, camera, pose, screen and how carefully calibration was performed. We do not warrant that any case width, wrist measurement or on-screen rendering is accurate, and the Service must not be used:

Retailers remain solely responsible for the dimensions and specifications they publish, for their own product descriptions, and for their own returns, refunds, sizing and consumer-protection obligations to their customers. A shopper's purchase decision is between the shopper and the retailer; we are not a party to it.

4. Early access and changes to the Service

Parts of the Service are offered as beta, pilot or early access — for example, Shopify installs are currently open by invitation while our app completes App Store review. Those parts are provided as-is, may be incomplete, and may change or be withdrawn without notice.

We may add, modify, or discontinue features. If we discontinue a paid feature you materially rely on, or make a change that materially degrades a paid plan, you may terminate the affected plan and we will refund the unused, prepaid portion of your fees for it.

5. Accounts and security

You are responsible for the accuracy of your account details, for everything done through your account, and for keeping credentials and API keys secure. Tell us promptly at hello@watchsizecheck.com if you suspect unauthorised access.

Embed keys are public by design. The key rendered into your storefront theme is visible to anyone who views your page. It is scoped to the domains registered against it and is not a secret; do not use it as one. Server-side API keys (prefixed sk_) are secret, must not be exposed in client code, and must not be shared between unrelated legal entities.

6. Plans, fees and billing

6.1 Plans and metering

Paid plans, their prices, included volumes and allowances are those published on our pricing page or stated in your Order Form at the time you subscribe. Two meters matter and they work differently:

Usage beyond a plan's included volume is billed at that plan's published overage rate, or as stated in your Order Form. We may notify you as you approach a limit, but we are not obliged to cap usage for you, and unnotified usage is still billable.

6.2 How you are charged

Shopify installs. Charges are made through Shopify's billing API and appear on your Shopify invoice. You approve the charge in Shopify before it takes effect, and Shopify collects it. We do not bill an App Store install through any other channel.

Direct and enterprise contracts. Charges are made through our payment processor, Stripe, on the card or invoicing terms agreed in your Order Form. You authorise recurring charges until you cancel.

Plans renew automatically each period — monthly or annually as selected — at the then-current rate, until cancelled. Annual plans are charged upfront for the year.

6.3 Trials

Paid Shopify plans include a 14-day free trial unless stated otherwise. Unless you cancel before it ends, the plan converts to a paid subscription automatically. One trial per store or account; we may refuse a trial to an account that has already had one.

6.4 Taxes, currency and price changes

All prices are in US dollars and exclusive of taxes. You are responsible for sales, use, VAT, GST and similar taxes, other than taxes on our income. If withholding is required, the amount payable to us is grossed up so we receive the full fee.

We may change prices with at least 30 days' notice to the email on your account. A change takes effect at your next renewal; if you do not accept it, cancel before that renewal.

6.5 Cancellation and refunds

You may cancel at any time — through your Shopify admin for a Shopify install, or by contacting us for a direct plan. Cancellation stops the next renewal; it does not retroactively cancel the current period. Access continues until the end of the period you have paid for.

Fees are non-refundable, including partial periods and prepaid annual terms, except: where a refund is required by law; where section 4 entitles you to one; or where we agree one in writing. The free trial exists so you can evaluate the Service before paying. Charges made through Shopify are refunded, if at all, through Shopify's process.

6.6 Late payment

If a charge fails or an invoice is past due, we may suspend the Service after 10 days' written notice and terminate it after 30 days past due. Undisputed amounts remain payable. You must raise a billing dispute in writing within 60 days of the invoice date; after that the invoice is treated as accepted.

7. Your content, and the rights you give us

"Your Content" means everything you supply to the Service or let it read on your behalf — product images, titles, catalogue data, metafields, store configuration and anything you upload.

You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, adapt and display it strictly to operate and support the Service for you — including generating segmented images, measurements and derived data, and serving those results to shoppers on your storefront.

You warrant that you own or are licensed to use Your Content and to grant that licence, and that our processing of it will not infringe anyone's rights. Where you act for a brand or a supplier, you warrant you are authorised to submit their imagery.

The Service is built for photographs of watches and watch-adjacent products. Do not submit images of people, faces, or unrelated subject matter without our prior written consent, and never submit unlawful, infringing or adult content.

We do not use Your Content to train or fine-tune models for anyone else. We use it to deliver the Service to you, to improve results for your own account, and to investigate abuse or faults. If that ever changes, we will ask first.

8. Results, our intellectual property, and licensed models

What you get. Subject to these Terms and to your fees being paid, we grant you a worldwide, non-exclusive, non-transferable, revocable licence to use and display the outputs we generate for you — segmented images, masks, case-width values and related metadata (the "Results") — on your own storefronts, apps, marketplace listings and marketing, for selling or marketing the products depicted. You may not extract, redistribute, resell or license the Results as a standalone product, dataset or service.

What we own. We own the Service and everything in it that we wrote: the pipeline and orchestration, the case-width measurement methodology, the wrist measurement service, the embed, our website, and our trademarks. Nothing here transfers ownership of any of it. Any goodwill from use of our marks accrues to us.

Models we license rather than own. The Service runs machine-learning models licensed from third parties, including Meta's Segment Anything family under Meta's SAM licence and Google's MediaPipe components under Apache-2.0. Our rights in those models are non-exclusive and non-transferable, they are supplied to us with their licensors' warranties disclaimed, and we do not sublicense them or deliver model weights to you. You receive the Results only.

Attribution. The standard embed may display a small Watch Size Check badge. Removing it requires a plan that includes white-labelling. Neither party may use the other's name or logo publicly without written consent, except that we may identify you as a customer once you have agreed in writing.

Feedback. If you send us suggestions, we may use them freely and without obligation to you.

9. Acceptable use

You may not, and may not permit anyone else to:

The Service is a shared, multi-tenant system. We may apply rate limits and other technical controls, and may throttle or suspend usage that degrades it for others.

10. Shoppers using the try-on

If you are a shopper, you may use the try-on for your own personal, non-commercial purposes. Take photographs only of yourself, or of someone who has agreed to it, and only where you are lawfully permitted to. Do not use the try-on to photograph anyone else without their knowledge.

The measurement runs in your browser and your photo is not uploaded to us, with one exception: if you choose the "use my phone" transfer, the photo is uploaded so it can reach the device you are shopping on, and is deleted automatically after one day. See the Privacy Policy for the full picture.

Your purchase, delivery, returns and refunds are between you and the retailer. We do not sell watches, do not process retail orders, and are not responsible for the retailer's products, prices, descriptions or conduct.

11. Privacy and data protection

Each party will comply with the data protection laws that apply to it. Retailers are responsible for their own storefront privacy disclosures and for obtaining any consent their jurisdiction requires before analytics run. Where our processing of personal data on your behalf requires a data processing addendum, contact privacy@watchsizecheck.com and we will put one in place before that data is submitted.

We maintain commercially reasonable technical and organisational security measures, including encryption in transit and at rest and access controls. We are not currently SOC 2 or ISO 27001 certified and make no claim to be.

12. Third-party services

The Service depends on third parties — including Amazon Web Services for hosting, Shopify where the app runs on a store, Clerk for sign-in and Stripe for payments. Your use of those services is governed by their terms, and we are not responsible for their acts, omissions, outages or changes. If a third party changes or withdraws something the Service depends on, we may have to change the Service in response.

13. Availability and support

We aim to keep the Service available and to give reasonable notice of planned maintenance, but we make no uptime, response-time or turnaround commitment unless one is written into your Order Form. Where an Order Form does include a service level, the service credits it specifies are your sole and exclusive remedy for missing it. Support is provided at the level your plan includes, in English, during our business hours.

14. Suspension, termination and what happens after

You may stop using the Service, uninstall the app, or close your account at any time.

We may suspend or terminate your access if you materially breach these Terms and do not cure it within 30 days of notice; immediately if the breach cannot be cured, if your use is actively harming the Service or another customer, if we are required to by law, or if your account is past due under section 6.6; or on 30 days' notice if we discontinue the Service generally, in which case we refund the unused prepaid portion of your fees.

On termination: your licences under section 8 end; you must stop using the Service and remove our embed and any Results still displayed; fees accrued before termination remain payable; and we delete data associated with your account as described in our Privacy Policy. You may request a final export of your Results before deletion.

One practical exception. Try-on images served to shoppers are stored as content-addressed public objects on our CDN so browsers can cache them. Those objects are not deleted automatically, because removing them would break any page still linking to them. Ask us and we will remove specific objects — before or after termination.

Sections that by their nature should survive termination do: 3, 6 (for accrued fees), 7 (warranties), 8 (ownership), 9, 14, 15, 16, 17, 18, 19 and 21.

15. Disclaimers

To the fullest extent permitted by law, the Service and all Results are provided "AS IS" and "AS AVAILABLE", and we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

Without limiting that: we do not warrant that the Service will be uninterrupted, secure or error-free, that measurements or renderings will be accurate, that Results will meet your requirements, or that the Service will increase your sales or reduce your returns. Any figures we publish about outcomes are illustrative, not a promise.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you; nothing here limits rights that cannot lawfully be limited.

16. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost sales, lost goodwill, lost or corrupted data, or the cost of substitute services — even if advised such damages were possible.

Our total aggregate liability arising out of or relating to the Service and these Terms, whatever the theory of liability, will not exceed the greater of the fees you actually paid us in the 12 months before the event giving rise to the claim, or US$100.

These limits do not apply to your obligation to pay fees, to either party's liability for fraud, willful misconduct, or death or personal injury caused by negligence, or to anything else that cannot be limited by law. The limits apply in aggregate across all claims, not per claim.

You acknowledge that these limits are a reasonable allocation of risk, and that our pricing reflects them.

17. Indemnification

You will defend, indemnify and hold harmless Watch Size Check and its members, officers and personnel against any third-party claim, and any resulting losses, damages, fines and reasonable legal fees, arising from: Your Content or our permitted processing of it; your use of the Service or the Results; your breach of these Terms or of any law; your products, product descriptions, dimensions, sales or returns; or a dispute between you and a shopper or a brand.

We will notify you of the claim, let you control the defence (except that we may participate with our own counsel at our cost), and cooperate reasonably. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

18. Disputes and arbitration

Talk to us first. Before filing anything, send a written description of the dispute and the relief you want to hello@watchsizecheck.com. Both parties will try in good faith to resolve it for 30 days. This step is a precondition to formal proceedings.

Binding arbitration. If that fails, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Rules where they apply), before one arbitrator, seated in Washington, D.C., in English. Judgment on the award may be entered in any court of competent jurisdiction.

Carve-outs. Either party may bring a claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief from a court to protect intellectual property, confidential information or account security.

No class actions. Disputes will be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative action. If this paragraph is held unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

19. Governing law

These Terms are governed by the laws of the District of Columbia, United States, without regard to its conflict-of-laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Washington, D.C.

20. Changes to these Terms

We may update these Terms. If a change is material, we will update the date above and give notice to account holders — by email or in the app — at least 30 days before it takes effect for them. Continuing to use the Service after a change takes effect means you accept it; if you do not, stop using the Service and cancel before then. For everyone else, changes take effect when posted.

21. General

Entire agreement. These Terms, the Privacy Policy, and any Order Form or signed agreement are the entire agreement between us on this subject and supersede everything said before it. Purchase-order terms, click-through terms on your own systems, and other pre-printed terms have no effect.

Assignment. You may not assign these Terms without our written consent, except to a successor of your business that is not a competitor of ours and that assumes them in full. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, subject to any restrictions in our upstream model licences. Any other attempted assignment is void.

Independent parties. Nothing here creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries.

Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages of infrastructure or platforms the Service depends on. This does not excuse payment obligations.

Severability and waiver. If a provision is held unenforceable, it is limited to the minimum extent necessary and the rest stays in force. A failure to enforce a provision is not a waiver of it.

Notices. We give notice to the email on your account or by posting in the Service; you give notice to hello@watchsizecheck.com. Notice is effective when sent.

Interpretation. "Including" means "including without limitation." Headings are for convenience only. These Terms are drafted in English; an English version controls over any translation.

22. Contact

KW Assets, LLC, PO Box 10013, Washington, DC 20018-0013, USA.
General and legal: hello@watchsizecheck.com · Privacy: privacy@watchsizecheck.com