Terms of Service

Welcome to PortraitSmith! These Terms of Service ("Terms") govern your access to and use of PortraitSmith's AI-powered headshot generation service, including our website, applications, and related services (collectively, the "Service").

By creating an account, logging in, or using our Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By accessing or using PortraitSmith, you confirm that:

• You have read and understood these Terms
• You agree to be bound by these Terms and our Privacy Policy
• You are at least 18 years of age or have parental/guardian consent
• You have the legal capacity to enter into a binding agreement
• Your use of the Service complies with all applicable laws and regulations

2. Description of Service

PortraitSmith is an AI-powered headshot generation platform that transforms your uploaded photos into professional headshots. Our Service includes:

• AI-powered image generation using Google Gemini technology
• Multiple professional style presets (Corporate Studio, Modern Workspace, Outdoor Natural)
• Customization options for attire, lighting, and composition
• Image storage and generation history
• Credit-based usage system

We continuously work to improve our Service, and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account by providing accurate and complete information. You may register using:

• Email address and password
• Google OAuth authentication

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up to date

3.3 Account Restrictions

You may not:

• Create multiple accounts to circumvent usage limits or pricing
• Share your account credentials with others
• Use another person's account without permission
• Transfer or sell your account to another party

4. Credits and Pricing

4.1 Credit System

PortraitSmith operates on a credit-based system:

• Free Credits: New users receive 5 free credits upon account creation
• Paid Credits: Additional credits can be purchased at $29 for 50 credits
• Each headshot generation consumes 1 credit
• Free credits are used before paid credits
• Credits do not expire and remain in your account until used

4.2 Watermarks

• Headshots generated using free credits include a PortraitSmith watermark
• Headshots generated using paid credits are watermark-free
• Purchasing credits does not retroactively remove watermarks from previously generated images

4.3 Pricing and Changes

We reserve the right to modify our pricing at any time. Price changes will not affect credits already purchased. Current pricing is always displayed on our website and during the purchase process.

5. Payment Terms

5.1 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms and conditions. We do not store your credit card information on our servers.

5.2 Refund Policy

All credit purchases are final and non-refundable, except as required by law or in cases of:

• Duplicate charges due to processing errors
• Service unavailability that prevents you from using purchased credits
• Significant defects in generated images caused by our Service (evaluated case-by-case)

To request a refund for eligible situations, contact us at support@portraitsmith.ai within 14 days of purchase.

5.3 Taxes

You are responsible for any applicable taxes, duties, or government charges associated with your purchase.

6. Acceptable Use

6.1 Permitted Uses

You may use PortraitSmith to:

• Generate professional headshots for personal or commercial use
• Create headshots for yourself, employees, or clients (with appropriate consent)
• Use generated images in marketing materials, websites, social media, or professional profiles
• Download and store generated images for your records

6.2 Prohibited Uses

You may NOT use PortraitSmith to:

• Upload images of individuals without their explicit consent
• Create deepfakes, misleading content, or images intended to deceive
• Generate images for illegal, fraudulent, or harmful purposes
• Create content that violates intellectual property rights
• Upload images containing nudity, violence, hate speech, or illegal content
• Generate images of minors (individuals under 18 years of age)
• Harass, abuse, or harm others
• Reverse engineer, decompile, or attempt to extract our AI models
• Automate access to our Service through bots, scripts, or scrapers
• Resell or redistribute our Service without authorization

7. Intellectual Property Rights

7.1 Your Content

You retain all ownership rights to the photos you upload ("Input Images"). By uploading images to our Service, you grant PortraitSmith a limited, non-exclusive license to:

• Process and analyze your images using our AI technology
• Generate headshots based on your uploaded images
• Store your images for the duration necessary to provide the Service

7.2 Generated Images

You own the generated headshots created from your uploaded images, subject to these Terms. You have full commercial usage rights to download, distribute, and use generated images created with paid credits. Images generated with free credits may be used but must retain the watermark.

7.3 Our Service

PortraitSmith and its Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding user-uploaded content), are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

8. AI-Generated Content Disclaimers

8.1 Quality and Accuracy

Our Service uses artificial intelligence to generate headshots. While we strive for high quality:

• AI-generated images may not perfectly represent the uploaded photo
• Results may vary based on input image quality, lighting, and other factors
• Generated images may contain artifacts, imperfections, or unexpected variations
• We do not guarantee specific outcomes or satisfaction with generated results

8.2 Responsible Use

You acknowledge that:

• AI-generated images should be clearly identified as AI-generated when context requires disclosure
• You are responsible for how you use generated images
• You will not use generated images to misrepresent identity, credentials, or affiliations
• We are not responsible for how you or others interpret or use generated images

8.3 No Professional Advice

Our Service is for creating professional headshots only and does not constitute professional advice of any kind. We do not verify the accuracy, suitability, or appropriateness of generated images for any specific purpose.

9. Privacy and Data

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantees

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Generated images will meet your expectations or requirements
• All defects or errors will be corrected
• The Service will be compatible with all devices or browsers

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTRAITSMITH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless PortraitSmith and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your uploaded content or generated images
• Any dispute between you and a third party

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at support@portraitsmith.ai or using the account deletion feature in your account settings. Upon termination, your access to the Service will be revoked, and your data will be deleted in accordance with our Privacy Policy.

12.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our policies
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Service discontinuation or modification
• Legal or regulatory requirements

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Unused credits will be forfeited (no refunds unless required by law)
• You remain responsible for any obligations incurred before termination
• Sections of these Terms that by their nature should survive termination will remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal legal claim, you agree to first contact us at support@portraitsmith.ai to attempt to resolve the dispute informally. We commit to working in good faith to resolve any disputes within 30 days of receiving notice.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law provisions.

13.3 Arbitration

Any disputes arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in [Your Location], and judgment on the award may be entered in any court having jurisdiction.

Exception: You may assert claims in small claims court if they qualify and remain in such court.

13.4 Class Action Waiver

You agree that disputes shall be resolved on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. The "Last Updated" date at the top of this page reflects when the Terms were last modified.

Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

For material changes that affect your rights, we will provide notice via email or through the Service at least 30 days before the changes take effect.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PortraitSmith regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to reflect the parties' intent as closely as possible.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Third-Party Services

Our Service may contain links to or integrate with third-party services (e.g., Stripe, Google). We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is subject to their respective terms and conditions.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

16. Contact Information

If you have any questions, concerns, or feedback about these Terms or our Service, please contact us: