Terms of Service

Last updated: January 16, 2025

Welcome to ProHeadshots AI ("Service", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our AI headshot generation platform. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, Acceptable Use Policy, and Disclaimer.

If you do not agree to these Terms, you must not use the Service.

1. Eligibility and Account Registration

1.1 Age Requirement: You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are 18 or older.

1.2 Account Creation: To use the Service, you must create an account via Google OAuth through Supabase Auth. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities conducted under your account

1.3 Account Termination: We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or applicable laws.

2. Service Description

ProHeadshots AI is an AI-powered service that generates professional headshots based on photos you upload. The Service uses machine learning models (SDXL LoRA) to train a custom model and generate headshots.

2.1 Service Includes:

  • Upload and secure storage of 1-3 clear facial selfies
  • AI model training using your photos (15-30 minutes)
  • Generation of 2 professional headshots (Universal Professional style)
  • Download access to generated headshots

2.2 Service Limitations:

  • Quality depends on input photo quality, variety, and lighting
  • AI-generated images may not be perfect or meet all expectations
  • Processing time may vary (typically 15-30 minutes, up to 48 hours)
  • Service availability is not guaranteed (maintenance, outages may occur)

2.3 Photo Upload Requirements:

To ensure optimal AI training results and comply with our Refund Policy, all uploaded photos must meet the following requirements:

  • Same Person Only: All 1-3 photos must be of the exact same individual. Do not mix photos of different people (e.g., yourself and your spouse/friend/colleague).
  • Same Gender Only: All photos must be of the same gender. Do not mix male and female photos in the same order. The AI cannot generate consistent results when trained on mixed genders.
  • Single Subject Only: Each photo must contain only one person. Group photos, photos with multiple faces, or photos with people in the background are not allowed.
  • Sufficient Quality: Photos must be clear, well-lit, in focus, and show the face clearly (not blurry, pixelated, or obscured by sunglasses/masks).
  • Variety Required: Use photos from different angles, expressions, lighting conditions, and backgrounds to improve AI training quality.

Important: If your uploaded photos do not meet these requirements, you will NOT be eligible for a refund, as outlined in our Refund Policy. The quality of AI-generated headshots depends entirely on the quality and consistency of your input photos.

3. Prohibited Content and Acceptable Use

You must comply with our Acceptable Use Policy. The following content is strictly prohibited:

  • Child Sexual Abuse Material (CSAM): Any content involving minors (under 18) in sexual or suggestive contexts is strictly prohibited and will be reported to law enforcement.
  • Illegal Content: Content related to illegal drugs, illegal gambling, terrorism, human trafficking, or other criminal activities.
  • Sexually Explicit Content: Pornographic material, nude images, or content intended for sexual gratification.
  • Non-Consensual Content: Photos uploaded without explicit consent from all depicted individuals, including deepfakes or impersonation.
  • Minors: Photos of anyone under 18 years old, regardless of consent.
  • Public Figures: Photos of celebrities, politicians, or public figures without proper authorization.
  • Violent or Graphic Content: Images depicting violence, gore, self-harm, or animal cruelty.
  • Hate Speech: Content promoting hatred, discrimination, or harassment based on protected characteristics.
  • Intellectual Property Violations: Copyrighted images, trademarked logos, or protected content without proper authorization.

4. Consequences of Violations

If you violate these Terms or our Acceptable Use Policy:

  1. Immediate Content Deletion: All uploaded photos, training data, and generated images will be permanently deleted from our systems without prior notice.
  2. No Refund: Your payment will be forfeited. You will not receive any refund, as specified in our Refund Policy.
  3. Account Termination: Your account will be permanently suspended or terminated, and you will be banned from creating new accounts.
  4. IP Address Ban: Your IP address may be blocked to prevent further access.
  5. Legal Reporting: For serious violations (especially CSAM, terrorism, or illegal activities), we are legally obligated to report the incident to:
    • National Center for Missing & Exploited Children (NCMEC)
    • Federal Bureau of Investigation (FBI) or local law enforcement
    • Payment processors for fraud prevention
  6. Legal Action: We reserve the right to pursue civil or criminal legal action for violations that cause harm or financial loss.

5. User Responsibilities and Warranties

By using the Service, you represent and warrant that:

  • You have the legal right to upload all photos (you own them or have proper authorization)
  • You have obtained explicit consent from all individuals depicted in uploaded photos
  • All uploaded photos comply with our Acceptable Use Policy and applicable laws
  • You will not use the Service for illegal, harmful, or prohibited purposes
  • You will not attempt to reverse engineer, hack, or compromise the Service
  • You will not use automated bots or scripts to abuse the Service
  • You will not resell or redistribute the Service without authorization

5.1 Photo Quality Warranties:

In addition to the above, you specifically warrant that all uploaded photos:

  • Are of the same person: All 1-3 photos depict the exact same individual. You have not mixed photos of different people (yourself and others).
  • Are of the same gender: All photos depict the same gender (either all male or all female, not mixed). You understand the AI cannot train on mixed genders.
  • Contain only one person: Each photo contains only a single subject. You have not uploaded group photos or photos with multiple faces.
  • Meet quality standards: Photos are clear, well-lit, in focus, and properly show the face (not blurry, heavily edited, or obscured by accessories).
  • Provide sufficient variety: Photos include different angles, expressions, lighting conditions, and backgrounds to enable effective AI training.

5.2 Acceptance of Output Responsibility:

You acknowledge and agree that:

  • Input quality determines output quality: The quality of AI-generated headshots is directly dependent on the quality, consistency, and variety of your uploaded photos. Poor input photos will result in poor output.
  • You bear responsibility for photo selection: You are solely responsible for selecting and uploading photos that meet our requirements. We are not responsible for verifying photo compliance before training begins.
  • No refunds for poor input: If you violate the photo requirements above (mixed gender, different people, group photos, poor quality, etc.), you will NOT be eligible for a refund, as detailed in our Refund Policy.

5.3 Breach of Warranties:

If you breach any of the above warranties (especially photo quality warranties), we reserve the right to:

  • Deny your refund request
  • Terminate your account
  • Seek legal remedies for damages caused by your breach

6. Payments and Billing

6.1 Payment Processing: All payments are processed securely through our payment gateway. We do not store your full credit card information. By completing a purchase, you authorize us to charge your payment method for the displayed amount.

6.2 Pricing: Pricing is displayed at checkout in your selected currency. Prices may change at any time, but changes will not affect orders already placed.

6.3 Refunds: Refunds are handled according to our Refund Policy. In summary:

  • Refund requests must be submitted within 14 days of payment
  • Refunds are not available after downloading generated headshots
  • Refunds are not available for violations of these Terms
  • Subjective dissatisfaction with results does not qualify for a refund

6.4 Chargebacks: If you file a chargeback with your bank or credit card company without first contacting our support team, your account may be suspended, and you may be banned from future use of the Service.

7. Intellectual Property

7.1 Your Content: You retain all ownership rights to the photos you upload. By uploading photos, you grant us a limited, non-exclusive, royalty-free license to:

  • Store and process your photos for AI model training
  • Generate headshots based on your photos
  • Deliver generated headshots to you

This license terminates when you delete your photos or close your account (subject to backup retention periods).

7.2 Generated Headshots: You own all rights to the AI-generated headshots we deliver to you. You may use them for personal or commercial purposes, subject to applicable laws. However, you acknowledge that:

  • AI-generated content may have limitations on copyrightability under certain jurisdictions
  • You are responsible for ensuring your use complies with all applicable laws
  • We are not liable for any claims arising from your use of generated headshots

7.3 Our Intellectual Property: The Service, including all software, algorithms, designs, trademarks, and content (excluding user-uploaded photos and generated headshots), is owned by ProHeadshots AI and protected by intellectual property laws. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service without our written permission.

8. Disclaimers and Limitations of Liability

8.1 No Warranty: The Service is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, including but not limited to:

  • Merchantability or fitness for a particular purpose
  • Accuracy, quality, or suitability of generated headshots
  • Uninterrupted, secure, or error-free service
  • Meeting your specific expectations or requirements

8.2 Limitation of Liability: To the maximum extent permitted by law, ProHeadshots AI, its owners, operators, employees, and affiliates shall not be liable for:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Personal or professional harm resulting from use of generated headshots
  • Technical failures, data loss, or security breaches caused by third-party services
  • Unauthorized access to your account due to credential compromise

Our total liability for any claims related to the Service shall not exceed the amount you paid for the specific order in question.

8.3 Third-Party Services: We rely on third-party providers (AWS, Replicate, Supabase, payment processors). We are not responsible for their availability, reliability, or security practices.

9. Indemnification

You agree to indemnify, defend, and hold harmless ProHeadshots AI, its owners, operators, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms or any applicable law
  • Your upload of prohibited, infringing, or illegal content
  • Your use or misuse of generated headshots
  • Violation of third-party rights (copyright, privacy, publicity, etc.)
  • Your failure to obtain necessary consents from individuals depicted in uploaded photos

10. Termination

10.1 By You: You may close your account at any time by contacting support. Closing your account does not entitle you to a refund for completed orders.

10.2 By Us: We may suspend or terminate your account immediately, with or without notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • You engage in illegal activities or upload prohibited content
  • You abuse the Service or attempt to compromise its security
  • We are required to do so by law or legal process
  • We decide to discontinue the Service

10.3 Effect of Termination: Upon termination:

  • Your access to the Service will be revoked immediately
  • You will lose access to your account and any data stored in it
  • Uploaded photos may be deleted according to our data retention policy
  • Generated headshots will remain available for download for 30 days (unless account was terminated for violations)
  • Sections of these Terms that by nature should survive termination will remain in effect (e.g., indemnification, disclaimers, governing law)

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the United States and the state in which our business is registered, without regard to conflict of law principles.

11.2 Dispute Resolution: Any disputes arising from these Terms or the Service shall be resolved through:

  1. Informal Negotiation: First, contact us at support@profilelift.pro to attempt to resolve the dispute informally
  2. Binding Arbitration: If informal negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA)
  3. Class Action Waiver: You agree to resolve disputes on an individual basis only, and waive any right to participate in class actions or class arbitrations

12. Changes to These Terms

We may update these Terms from time to time to reflect legal requirements, service changes, or business practices. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will notify you via email or prominent notice on the platform at least 7 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and close your account.

13. Miscellaneous

13.1 Entire Agreement: These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, and Disclaimer, constitute the entire agreement between you and ProHeadshots AI.

13.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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

13.5 Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (e.g., natural disasters, wars, pandemics, internet outages).

14. Contact Information

Contact email: support@profilelift.pro

Response time: Typically within 3 business days

Acknowledgment

By using ProHeadshots AI, you acknowledge that:

  • You have read, understood, and agree to these Terms of Service
  • You have read our Privacy Policy, Acceptable Use Policy, Refund Policy, and Disclaimer
  • You will comply with all prohibited content policies
  • You understand the consequences of violations
  • You are at least 18 years old
  • You have the legal right to upload all photos
  • You accept all risks associated with using AI-generated content