Updated October 27, 2026
Updated October 27, 2026
General Terms
These Terms & Conditions (“Terms”) are a contract between you and Visible Magic Inc. (“AI Sizer”, “AiSizer”, “Company”, “us”, “we”, or “our”), doing business as AI Sizer, with mailing address Visible Magic Inc., PO Box 3702, Chapel Hill, NC 27515, USA. They govern your access to and use of the AI Sizer website at https://aisizer.com (and related stage or regional hosts), our merchant widget and APIs, our measure landing pages, our demo experiences, and our iOS applications and App Clips (including AI Sizer Glasses, AI Sizer Footwear, AI Sizer Gloves, and the unified AI Sizer app) — collectively, the “Services” or “AI Sizer Service”.
By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. In these Terms, “you” refers to you as an individual and to any entity you represent.
Under no circumstances shall AI Sizer or its team be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profit, arising out of the use of, or the inability to use, materials on the Services, even if AI Sizer or an authorized representative has been advised of the possibility of such damages. If your use of materials from the Services results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
AI Sizer is not responsible for outcomes that may occur during use of the Services, including purchasing decisions based on size recommendations. We reserve the right to change pricing for paid offerings and to revise usage policies at any time, subject to these Terms.
License
AI Sizer grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use our apps and to access the website and related Services strictly in accordance with these Terms.
If you violate any of these Terms, we reserve the right to suspend or terminate access to the Services without notice, to the extent applicable.
Meanings
For these Terms:
Measurement and size recommendations
The Services may use on-device sensors and camera APIs (for example TrueDepth / ARKit for face measurement, or the rear camera and ARKit for foot or hand measurement) to derive numeric fit-related measurements and recommended size labels. Measurement is intended to help with product fit (including non-prescription fashion eyewear, footwear, and gloves). It is not medical advice, not a clinical assessment, and not a guarantee that any particular product will fit. Size labels are estimates based on lookup tables and may differ from a merchant’s own sizing. Purchases on a merchant’s website are governed by that merchant’s terms and policies, not by these Terms.
How we handle measurement-related data is described in our Privacy Policy.
Restrictions
You agree not to, and you will not permit others to:
Paid offerings, returns, and refunds
AI Sizer’s consumer measurement apps are generally offered without a consumer checkout for sizing itself. If you purchase a paid product or service directly from Visible Magic Inc. (for example a merchant subscription or other billed offering we sell), those transactions are subject to these Terms and any order-specific terms we present at purchase. Contact us if you are not satisfied and we will discuss the issue. Refund eligibility, if any, depends on the offering and applicable law.
Products you buy from a merchant that uses AI Sizer (including items shown in our demo store) are sold by that merchant. Returns, refunds, shipping, and product liability for those items are between you and the merchant.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to AI Sizer with respect to the Services shall remain the sole and exclusive property of AI Sizer. AI Sizer shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose without credit or compensation to you.
Your Consent
By using the Services, you consent to these Terms. Personal data practices are described in our Privacy Policy.
Links to Other Websites
These Terms apply only to the Services. The Services may contain links to other websites not operated or controlled by AI Sizer, including merchant storefronts. We are not responsible for the content, accuracy, or opinions expressed on such websites. When you leave the Services, the other site’s own rules and policies apply. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
AI Sizer may use cookies to identify areas of our website that you have visited and to enhance performance and functionality. Cookies are generally not essential to use our iOS apps. Most web browsers can disable cookies; if you disable them, some website features may not work correctly. We do not place personally identifiable information in cookies for advertising identity. See our Privacy Policy for more detail.
Changes to Our Terms & Conditions
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice. You may stop using the Service at any time. If we disable access where an account or key applies, you may be prevented from accessing related materials.
If we change these Terms, we will post the changes on this page and update the modification date above. Material changes may also be communicated as described under Amendments below.
Modifications to Our apps
AI Sizer reserves the right to modify, suspend, or discontinue, temporarily or permanently, the apps or any service to which they connect, with or without notice and without liability to you, to the extent permitted by law.
Updates to Our apps
AI Sizer may from time to time provide enhancements or improvements to features or functionality (“Updates”), which may include patches, bug fixes, upgrades, and other modifications. Updates may modify or delete certain features. You agree that AI Sizer has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features. All Updates are deemed part of the app and subject to these Terms.
Third-Party Services
We may display, include, or make available third-party content or provide links to third-party websites or services (“Third-Party Services”), including Apple platforms and merchant sites. You acknowledge that AI Sizer is not responsible for Third-Party Services, including their accuracy, completeness, legality, or quality, and assumes no liability for them. You access and use them at your own risk and subject to those parties’ terms.
Term and Termination
These Terms remain in effect until terminated by you or AI Sizer.
AI Sizer may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice. These Terms will terminate immediately, without prior notice from AI Sizer, if you fail to comply with any provision. You may terminate by stopping use of the Services and deleting our apps and copies from your devices.
Upon termination, you shall cease all use of the apps and delete copies from your devices. Termination does not limit AI Sizer’s rights or remedies for breach during the term.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Services infringes your copyright, please contact us with: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material claimed to be infringing; (c) your contact information, including address, telephone number, and email; (d) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold AI Sizer and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Services; (b) violation of these Terms or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, AI Sizer, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limitation, AI Sizer makes no warranty that the Services will meet your requirements, achieve any intended results (including a perfect product fit), be compatible with other software or systems, operate without interruption, or be error-free.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of AI Sizer and any of its suppliers under any provision of these Terms and your exclusive remedy shall be limited to the amount actually paid by you to AI Sizer for the Services in the twelve (12) months before the claim, or one hundred U.S. dollars (US $100) if you have not paid AI Sizer.
To the maximum extent permitted by applicable law, in no event shall AI Sizer or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Services), even if AI Sizer or any supplier has been advised of the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, together with the Privacy Policy and any other legal notices published by AI Sizer on the Services, constitute the entire agreement between you and AI Sizer concerning the Services. AI Sizer’s failure to assert any right or provision shall not constitute a waiver of such right or provision. YOU AND AI SIZER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY LAW.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach. In the event of a conflict between these Terms and any applicable purchase or other terms we present for a specific offering, the terms of that offering control for that purchase; otherwise these Terms govern.
Amendments to this Agreement
AI Sizer reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect where practicable. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree, you are no longer authorized to use the Services.
Entire Agreement
These Terms constitute the entire agreement between you and AI Sizer regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and AI Sizer on that subject. You may be subject to additional terms when you use or purchase other AI Sizer services, which we will provide at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to update these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, by posting on this page or through the Service) before material changes take effect where practicable. If you continue to use the Service after updates take effect, you will be bound by the updated Terms. If you do not agree, stop using the Services and delete our apps.
Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by AI Sizer, its licensors, or other providers and are protected by USA and international intellectual property laws. Material may not be copied, modified, reproduced, downloaded, or distributed in whole or in part without prior written permission of AI Sizer, except as expressly provided in these Terms. Unauthorized use is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR AI SIZER’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and AI Sizer concerning the Services or these Terms, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or AI Sizer must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. AI Sizer will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and AI Sizer will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or AI Sizer may commence arbitration.
Binding Arbitration
If you and AI Sizer don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of AI Sizer without any compensation or credit to you. AI Sizer and its affiliates shall have no obligations with respect to such submissions and may use the ideas contained in them for any purposes in any medium in perpetuity.
Promotions
AI Sizer may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Promotions may be governed by separate rules, including eligibility requirements. If you enter any Promotion, you agree to abide by those rules. Additional terms may apply to purchases of goods or services on or through the Services and are incorporated by reference.
Typographical Errors
If a product or service is listed at an incorrect price or with incorrect information due to typographical error, we may refuse or cancel any orders placed for that product or service, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will issue a credit in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder will continue in full force and effect. Any waiver of any provision will be effective only if in writing and signed by an authorized representative of AI Sizer. AI Sizer will be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. AI Sizer operates and controls the AI Sizer Service from its offices in the USA. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms (which include and incorporate the AI Sizer Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and AI Sizer concerning their subject matter, and cannot be changed or modified by you. Section headings are for convenience only and will not be given any legal import.
Disclaimer
AI Sizer is not responsible for any content, code, or other imprecision of third parties.
AI Sizer does not provide warranties or guarantees beyond those required by law.
In no event shall AI Sizer be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. AI Sizer reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The AI Sizer Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. AI Sizer may distribute content supplied by third parties and exercises no editorial control over such content. Without limiting the foregoing, AI Sizer specifically disclaims all warranties and representations in any content transmitted on or in connection with the AI Sizer Service or on sites that may appear as links on the AI Sizer Service. No oral advice or written information given by AI Sizer or any of its affiliates, employees, officers, directors, or agents will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, AI Sizer does not warrant that the AI Sizer Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.