Terms and Conditions for Portraitify

Last Updated: December 2024

Agreement to Terms

By accessing or using Portraitify ("we," "our," or "us"), our mobile application ("App"), or any services provided through the App, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.

⚠️ Please read these Terms carefully before using the App. Your use of the App constitutes your acceptance of these Terms.

Description of Service

Portraitify is a mobile application that allows users to upload photos and apply AI-generated styles and effects to create edited images. The App provides:

  • Photo upload and processing services
  • AI-powered image style transformation
  • Access to various style templates and effects
  • Credit-based system for image generation
  • In-app purchases and subscription options

Eligibility

Age Requirements

  • You must be at least 13 years of age to use the App
  • If you are under 18, you represent that you have your parent's or guardian's permission to use the App
  • If you are a parent or guardian permitting a minor to use the App, you agree to be bound by these Terms on behalf of the minor

Account Requirements

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account
  • You must notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account

User Accounts

Sign in with Apple

  • The App uses Sign in with Apple for authentication
  • By signing in, you agree to Apple's Terms of Service and Privacy Policy
  • You are responsible for maintaining the security of your Apple ID
  • We are not responsible for any issues arising from your Apple ID account

Account Termination

  • You may delete your account at any time through the App's settings
  • We reserve the right to suspend or terminate your account if you violate these Terms
  • Upon termination, your access to the App and your data will be removed
  • Credits and purchases are non-refundable upon account termination

Acceptable Use

Permitted Uses

You may use the App to:

  • Upload your own photos for editing
  • Apply styles and effects to your photos
  • Share edited images in accordance with applicable laws
  • Purchase credits and subscriptions for App features

Prohibited Uses

You agree NOT to:

  • Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Upload content that infringes on any intellectual property rights, privacy rights, or other rights of any third party
  • Upload content containing nudity, violence, or hate speech
  • Use the App to create content that violates any applicable laws or regulations
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Use automated systems (bots, scrapers) to access the App
  • Interfere with or disrupt the App's servers or networks
  • Impersonate any person or entity or falsely state your affiliation with any person or entity
  • Upload viruses, malware, or other malicious code
  • Use the App for any commercial purpose without our express written permission
  • Resell, redistribute, or sublicense access to the App

User Content

Your Content

  • You retain ownership of any photos you upload to the App
  • By uploading content, you grant us a license to use, store, process, and display your content solely for the purpose of providing the App's services
  • You represent and warrant that you own or have the necessary rights to upload and process the content you submit
  • You are solely responsible for the content you upload and its compliance with these Terms

Content Removal

  • We reserve the right to remove any content that violates these Terms
  • We may remove content without prior notice if we determine it violates our policies
  • You may delete your uploaded content at any time through the App

AI-Generated Content

  • The App uses AI technology to generate edited images
  • AI-generated results may vary and are provided "as is"
  • We do not guarantee the accuracy, quality, or suitability of AI-generated content
  • You are responsible for reviewing and approving any AI-generated content before use

Intellectual Property

Our Rights

  • The App, including its design, features, functionality, and content, is owned by Portraitify and protected by copyright, trademark, and other intellectual property laws
  • All style templates, effects, and AI models are proprietary to Portraitify
  • You may not copy, modify, distribute, sell, or lease any part of the App without our express written permission

Your Rights

  • You own the photos you upload
  • You own the edited images generated from your photos
  • You may use your edited images for personal or commercial purposes, subject to these Terms

Third-Party Content

  • The App may contain content from third parties
  • Third-party content is subject to its respective owners' terms and conditions
  • We are not responsible for third-party content

Payments and Subscriptions

Credits System

  • The App uses a credit-based system for image generation
  • Credits are consumed when you generate edited images
  • Credits are non-refundable and non-transferable
  • Credits do not expire unless otherwise stated

In-App Purchases

  • You may purchase credits or subscriptions through the App Store
  • All purchases are processed by Apple and subject to Apple's Terms of Service
  • Prices are displayed in your local currency and may vary by region
  • We reserve the right to change prices at any time

Subscriptions

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • You can manage and cancel subscriptions through your Apple ID account settings
  • Subscription fees are charged to your Apple ID account
  • We do not provide refunds for subscription fees except as required by law

Refunds

  • Refund requests must be submitted through Apple's refund process
  • We are not responsible for processing refunds; all refunds are handled by Apple
  • Refunds are subject to Apple's refund policy and applicable laws

Service Availability

Availability

  • We strive to provide continuous access to the App, but we do not guarantee uninterrupted service
  • The App may be unavailable due to maintenance, updates, or technical issues
  • We reserve the right to modify, suspend, or discontinue any part of the App at any time

Processing Times

  • Image processing times may vary depending on server load and image complexity
  • We do not guarantee specific processing times
  • Some images may fail to process due to technical limitations

Service Modifications

  • We reserve the right to modify, update, or discontinue features of the App at any time
  • We are not obligated to provide notice of changes, though we will make reasonable efforts to notify users of significant changes

Disclaimers

Service "As Is"

  • The App is provided "as is" and "as available" without warranties of any kind
  • We disclaim all warranties, express or implied, including but not limited to:
    • Merchantability
    • Fitness for a particular purpose
    • Non-infringement
    • Accuracy or reliability of results

AI Technology

  • The App uses AI technology that may produce unexpected or inaccurate results
  • We do not guarantee the accuracy, quality, or suitability of AI-generated content
  • You use AI-generated content at your own risk

Third-Party Services

  • The App uses third-party services (Supabase, RevenueCat, Apple) that are subject to their own terms and conditions
  • We are not responsible for the availability, accuracy, or reliability of third-party services
  • Your use of third-party services is subject to their respective terms and conditions

Limitation of Liability

General Limitation

To the maximum extent permitted by law, Portraitify and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits
  • Loss of data
  • Loss of business opportunities
  • Personal injury or property damage
  • Any damages resulting from your use or inability to use the App

Maximum Liability

Our total liability to you for any claims arising from your use of the App shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Portraitify and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you upload or share through the App

Privacy

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Termination

Termination by You

  • You may stop using the App at any time
  • You may delete your account through the App's settings
  • Upon account deletion, your data will be removed in accordance with our Privacy Policy

Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice, if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • We are required to do so by law
  • We discontinue the App or any part of it

Effect of Termination

Upon termination:

  • Your right to use the App will immediately cease
  • Your account and data will be deleted
  • You will not be entitled to any refunds for unused credits or subscriptions
  • Provisions that by their nature should survive termination will survive

Changes to Terms

Modifications

  • We reserve the right to modify these Terms at any time
  • We will notify you of material changes by posting the updated Terms in the App
  • The "Last Updated" date at the top of these Terms will indicate when changes were made

Continued Use

  • Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms
  • If you do not agree to the modified Terms, you must stop using the App and delete your account

Dispute Resolution

Governing Law

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

Dispute Resolution Process

  • If you have a dispute with us, you agree to first contact us to attempt to resolve the dispute informally
  • If we cannot resolve the dispute informally, you agree to resolve disputes through binding arbitration or small claims court, as applicable
  • You waive any right to participate in a class-action lawsuit or class-wide arbitration

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Portraitify regarding your use of the App.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

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

Assignment

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

Contact Information

If you have any questions about these Terms, please contact us at:

Email: [Your Contact Email]

Address: [Your Business Address]

Apple-Specific Terms

App Store Terms

  • These Terms are between you and Portraitify, not Apple
  • Apple is not responsible for the App or its content
  • Your use of the App must comply with the App Store Terms of Service
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable)
  • Apple has no obligation to furnish maintenance and support services for the App

Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce these Terms against you.

By using Portraitify, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.