Terms of Service
Last updated: January 10, 2025
1. Service Overview
Portraitmaker.ai ("we", "our", or "us") provides an AI-powered service for generating professional headshots and portraits ("the Service"). By accessing or using our Service, you agree to be bound by these Terms of Service.
2. Account Usage
To use the Service, you must:
- Create an account and maintain accurate account information
- Keep your login credentials secure
- Comply with any usage limits specified in your plan
- Not attempt to circumvent any service limitations
- Be at least 18 years old or have guardian consent
- Ensure you have the right to use any reference images uploaded
3. Image Rights and Licensing
By using our Service:
- You receive a full commercial license to use any AI-generated portraits for any purpose
- You grant us a perpetual, worldwide, royalty-free license to use, modify, distribute, and display any images you create or upload
- We retain the right to use generated images for marketing, training, or other purposes
- We may showcase your generated images in our portfolio unless you opt out
- You maintain ownership of your original uploaded reference images
4. Privacy and Data Usage
We handle all data in accordance with our Privacy Policy. Additionally:
- We securely store your images for service optimization and training purposes
- Your reference images may be used to improve our AI models
- We implement industry-standard security measures to protect your data
- We may collect usage metrics and analytics
- You agree not to upload images containing sensitive personal information
5. Payment and Refunds
Regarding payments and refunds:
- All purchases are final and non-refundable due to the immediate processing and AI training nature of our service
- Payments are processed securely through our payment provider
- Subscriptions auto-renew unless cancelled before the renewal date
- We may change pricing without notice
- Usage is billed based on the number of AI portraits generated
6. Acceptable Use
You agree not to use the Service to:
- Generate portraits containing illegal or explicit content
- Infringe upon intellectual property rights
- Create misleading or fraudulent identities
- Generate images of public figures without authorization
- Overwhelm or impair the Service or its infrastructure
7. Limitation of Liability
The Service is provided "as is" without warranties. We are not liable for:
- Quality or accuracy of AI-generated portraits
- Any indirect, incidental, or consequential damages
- Service interruptions or technical failures
- Unauthorized account access
- Loss of data or business opportunities
8. Dispute Resolution
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, rather than in court. The arbitration shall be conducted in the State of Texas, and you agree to submit to the personal jurisdiction of the arbitrators located in Texas. You agree to waive any right to a jury trial or to participate in a class action lawsuit.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Portraitmaker.ai shall be brought exclusively in the state or federal courts located in Texas.
10. Changes to Terms
We reserve the right to modify these Terms at any time. By continuing to use our Service after any revisions become effective, you agree to be bound by the revised terms.
11. Contact Us
If you have any questions about these Terms, please contact us at support@portraitmaker.ai.