Virtual Try-On Contracts: Terms to Check Before You Sign

Before you sign a virtual try-on contract, check six things: who is the data controller and who is the processor, what happens to shopper photos, how pricing and renewal work, how you can leave, what the vendor promises on support and uptime, and who owns what. Read the data terms most carefully, because shoppers upload photos of themselves.

This guide is for store owners comparing vendors. It is a checklist for asking better questions, not a legal opinion. For the product side, see our overview of a virtual fitting room for clothing websites.

This is general information, not legal or tax advice. Ask a qualified lawyer to review any contract before you sign.

Why do try-on contracts need a closer look?

A try-on tool handles images of your customers' bodies. That is personal data, and in some places it may be treated more strictly. The contract decides who is responsible for it.

Most tools are offered as standard online terms that you accept by ticking a box. You can still read them, ask questions and decline.

Who is the controller and who is the processor?

Under data protection law, the store usually decides why and how shopper data is used, and the vendor handles it on the store's behalf. The first is the controller and the second is the processor.

The EU's General Data Protection Regulation sets out what a controller-processor contract must include in Article 28 of Regulation (EU) 2016/679. Among other things, it covers:

• Processing only on your documented instructions.
• Confidentiality for the people who handle the data.
• Security measures.
• Rules for using sub-processors (other companies the vendor uses).
• Help with shopper rights requests.
• Deleting or returning data when the service ends.
• Information and audits to show compliance.

If you sell to people in the UK or EU, ask the vendor whether they offer a data processing agreement that covers these points. Which rules apply to you depends on where you and your shoppers are, so check with a lawyer.

What should it say about shopper photos?

This is the most important section for a try-on tool. Look for plain answers to these questions:

• Is the photo stored, and for how long?
• Is it used for anything other than producing the try-on, such as training AI models?
• Where is it processed and stored?
• Can the shopper ask for deletion, and how does that reach the vendor?
• Is any analysis done in the shopper's browser, so only measurements leave the device?

If a point is vague, ask the vendor in writing. Keep the reply with your contract records.

Your own privacy policy also needs to match what the tool does. Update it before the tool goes live, and consider adding a short notice near the upload button.

How do pricing and renewal work?

Check how you will be charged, now and later.

• Which plan limits apply, such as how many try-ons or measurements per month?
• What happens if you go over, and is it blocked or charged?
• Is there a free trial, and does it ask for a card?
• Is a first-month offer a one-time price, and what is the regular price after it?
• Does the plan renew automatically, and can you cancel at any time?

For reference, ZeDaq.ai publishes its plans on the pricing page. Paid plans have a 3-day free trial with no card required, and the first-month offer applies to monthly plans only, once per store, on its first paid plan. After that the plan renews at its regular price. Always compare with the live page before you decide.

How can you leave?

An exit clause matters more than most people expect. Check:

• How much notice you must give to cancel.
• Whether you get a refund for unused time on annual plans.
• Whether you can export or delete your data on exit.
• How fast the vendor removes shopper photos after you cancel.
• Whether removing the tool leaves code in your theme, such as a script tag, and who removes it.

A good test is to ask, "What would we do on day one of leaving?" If the answer is unclear, you may be locked in.

What does the vendor promise on support and uptime?

Look for service commitments in writing.

• Is there a stated uptime target, and what remedy do you get if it is missed?
• How do you contact support, and what response time is stated?
• What happens to your product pages if the tool is down? A good integration should fail quietly, so shoppers can still buy.

Do not assume a promise exists because the marketing page implies it. Only the contract terms bind the vendor.

Who owns what?

Clarify the rights in plain terms.

• You should keep ownership of your product images, size charts and brand assets.
• Ask whether the vendor may use your images to improve their service, and if so how.
• Check that generated try-on images are for your use on your site, and see what limits exist.
• Look for an indemnity clause, which says who pays if there is a legal claim, and read its limits.

Limits on liability are common. Note them, and decide whether the risk fits your business.

What about the technical setup?

The contract should match the way the tool is installed. Our guide to virtual try-on for WooCommerce shows how a script-based tool is added to a store, which is useful when you review what code the vendor will place on your pages.

For a category with specific needs, such as virtual try-on for sunglasses stores or try-on for maternity brands, ask whether the terms cover that product type.

What should you ask before you sign?

Send the vendor a short list of questions and keep the written answers.

1. Do you offer a data processing agreement, and can I see it before I buy?
2. Which sub-processors do you use, and how will you tell me about changes?
3. How long are shopper photos kept, and can I request deletion?
4. Is any shopper data used to train models?
5. What are the plan limits, and what happens when I reach them?
6. How do I cancel, and what happens to my data afterward?

A vendor that answers these clearly is easier to trust than one that points you to a long page of terms.

Contract checklist

• Controller and processor roles are stated.
• A data processing agreement is available.
• Photo storage, use and deletion are described.
• Sub-processors are listed, with notice of changes.
• Pricing, limits, renewal and cancellation are clear.
• You can export or delete data when you leave.
• Support and uptime terms are written down.
• Ownership of images and charts is yours.
• Your privacy policy has been updated.

FAQs

Do I need a lawyer to review a try-on contract?

It is a good idea, especially for the data terms. A lawyer can tell you which laws apply to your store and shoppers.

Is a standard online agreement negotiable?

Often not, but you can ask the vendor questions and request a data processing agreement. If the answers are not satisfactory, choose another vendor.

Should I ask about AI training on shopper photos?

Yes. Ask whether photos are used for anything other than producing the try-on, and get the answer in writing.

What if the tool shuts down?

Check for notice periods and data deletion terms. Also make sure your store pages work normally if the tool stops loading.