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
- Photos of you, provided by you
Optional data (provide if you want):
- Age range
- Eye color
- Hair color
- Ethnicity
We only use the data you provide to send emails, and generate your images. Your data is not shared our used outside of creating your headshots.
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
Payments and Refunds
We do not offer refunds once you made a payment. By making a payment, you therefore agree not to request a refund. If you accidentally made two purchases, we can facilitate refund for the unused order.
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.
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.
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.
Free Tier – Marketing Usage License
When you generate headshots using our free tier (at no cost), you agree to grant HeadshotsByAI a limited, non-exclusive, royalty-free license to use your uploaded photos and the AI-generated headshots for marketing and promotional purposes, including but not limited to social media, advertising, and our website. This license is granted in exchange for receiving the free headshot generation service.
What we will and won't do:
- We may display generated headshots (e.g. "before/after" examples) on our marketing channels.
- We will never sell your photos to third parties.
- We will never attach your name or personal information to any marketing use without your explicit additional consent.
- You may withdraw this license at any time by emailing support@headshotsbyai.com with the subject "Withdraw Marketing Consent". We will remove your images from active marketing within 30 days.
If you do not wish to grant this license, you may purchase a paid plan, which is not subject to this marketing usage clause.
Contact Information
For any questions, concerns, or feedback regarding these Terms or our Services, please contact us at: support@headshotsbyai.com