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Terms of Service

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Terms of Service

Terms of Service – HeadshotsByAI

Introduction#

Welcome to HeadshotsByAI (referred to as "we", "us", or "our"). These Terms of Service ("Terms") govern your access and use of our AI-generated professional headshot services ("Services"). By using our Services, you agree to be bound by these Terms.

Eligibility#

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

Account Registration and Security#

To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

License to Use Our Services#

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use only.

User Data We Collect#

To provide our services, we may collect the following data from you:

  • Name
  • Email
  • Photos of you, provided by you

Optional data (provide if you want):

  • Age range
  • Eye color
  • Hair color
  • Ethnicity

We use the data you provide solely for the following purposes:

  • Sending transactional and promotional emails (with opt-out available)
  • Generating your AI headshots using our trained models
  • Improving our service quality and user experience
  • Your personal data and uploaded photos are not shared with third parties
  • Your photos are not used to train our AI models without explicit consent
  • Generated images remain your intellectual property

Email communications#

By signing up for our Services, you automatically opt-in to receiving transactional emails (delivering gallery, important notifications, etc.) and promotional emails (about product updates and new service offerings). You may always unsubscribe from promotional emails by clicking the unsubscribe link at the bottom of such emails.

Prohibited Use of Services#

You may NOT use our service to:

  • Upload images of persons under 18 years old
  • Upload photos of persons other than yourself
  • Upload photos you have no right to upload
  • Upload violent, pornographic, or disturbing photos

Credits System and Digital Purchases#

Credits Overview

Our Services utilize a digital credits system where users purchase credits to generate AI headshots. Credits are digital goods that are consumed when you use our AI generation services.

Credit Purchase and Usage

  • Credits are sold in predetermined packages (e.g., 25 credits for $9.99)
  • Credits are automatically deducted from your account when you generate headshots
  • Each headshot generation typically consumes 1 credit
  • Credits do not expire and remain in your account until used
  • Credits are non-transferable between accounts
  • Credits have no cash value and cannot be exchanged for monetary refunds

Mobile App Purchases

When purchasing credits through our mobile application:

  • All purchases are processed through the respective app store (Apple App Store or Google Play Store)
  • App store terms and conditions apply to all purchases
  • Pricing may vary by region and app store
  • Auto-renewal subscriptions (if offered) can be managed through your app store account settings

End User License Agreement (EULA) for Credits

By purchasing and using credits, you agree that:

  • Credits are licensed digital content, not owned goods
  • Credits grant you the right to use our AI generation services according to these terms
  • We reserve the right to modify credit pricing and packages with reasonable notice
  • Unused credits remain valid as long as your account is active
  • We may discontinue the credits system with 30 days' notice, providing alternative access methods

Payments and Refunds#

  • Web Purchases: We do not offer refunds for web-based credit purchases once payment is completed
  • Mobile App Purchases: Refunds for mobile app purchases are subject to the app store's refund policy (Apple App Store or Google Play Store)
  • Accidental Purchases: If you accidentally make duplicate purchases, contact us within 7 days for assistance
  • Unused Credits: Credits that remain unused due to technical issues on our end may be eligible for refund or replacement
  • Service Disruption: If our services become unavailable for more than 7 consecutive days, unused credits may be refunded at our discretion

Consumer Rights

Nothing in these terms affects your statutory consumer rights. In jurisdictions where refunds are required by law, such rights are preserved regardless of these terms.

Intellectual Property Rights#

All rights to the photos generated using our Services belong to you. We do not use your generated photos in advertisements or expose your name or photos anywhere without your explicit consent. You retain all rights to the generated photos and are responsible for their use.

Disclaimer of Warranties and Limitation of Liability#

Our Services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise.


In no event shall we, our affiliates, or our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, even if we have been advised of the possibility of such damages.

Modifications to the Services and Terms#

We reserve the right to modify or discontinue, temporarily or permanently, our Services, or any part thereof, with or without notice. We may also update these Terms from time to time. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.

Mobile Application Terms#

App Store Compliance

Our mobile application complies with Apple App Store and Google Play Store guidelines. When using our mobile app:

  • You must comply with the respective app store's terms of service
  • In-app purchases are processed through the app store's payment system
  • Age restrictions and parental controls as set by the app store apply
  • App store refund policies supersede our refund policy for mobile purchases

Platform-Specific Features

  • iOS users: Purchases made through the app cannot be refunded by us directly; contact Apple Support
  • Android users: Purchases made through Google Play follow Google's refund policy
  • Restore Purchases functionality is available for users who switch devices
  • Account data syncs across platforms when signed in with the same credentials

Termination#

We reserve the right to suspend or terminate your access to our Services if we believe that you have violated these Terms or for any other reason at our sole discretion. Upon termination:

  • Unused credits in your account will be forfeited unless termination was due to our error
  • You retain rights to any generated images created before termination
  • We will provide 7 days' notice before termination unless immediate action is required for security or legal reasons

Governing Law and Dispute Resolution#

These Terms shall be governed by and construed according to the applicable laws. Any disputes arising out of or in connection with these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts governing in Jamaica.

Contact Information#

For any questions, concerns, or feedback regarding these Terms or our Services, please contact us at: support@headshotsbyai.com