Terms of Service
Last updated:
These Terms of Service (the “Terms”) govern your use of the Portrait AI iOS application (the “App”). By installing or using the App, you agree to these Terms and to Apple’s App Store terms and policies.
1. Eligibility & Account
You must be legally able to form a binding contract to use the App. The App does not require an account or sign‑in.
2. License & Intellectual Property
Subject to these Terms, we grant you a limited, personal, non‑exclusive, non‑transferable license to use the App on Apple‑branded devices you own or control, as permitted by the App Store Terms of Service. We retain all rights in the App and its content, excluding your User Content and outputs described below.
3. Your Content & License to Process
“User Content” includes photos, prompts, and other material you submit in the App. You represent that you own or have permission to use and process User Content. You grant us a limited license to host, transmit, and process User Content solely to operate the App and deliver requested features and outputs to you.
4. AI Outputs
The App may generate images or other outputs based on User Content and prompts. As between you and us, and to the extent permitted by law, you own your outputs. You are responsible for your use of outputs and any third‑party rights, including publicity, privacy, or intellectual property rights.
5. Acceptable Use
You agree not to use the App to: (a) violate any law; (b) infringe, misappropriate, or violate others’ rights; (c) generate illegal, harmful, or exploitative content; (d) reverse engineer, interfere with, or disrupt the App; or (e) upload malware or attempt to evade security measures.
6. Purchases & Subscriptions
If the App offers in‑app purchases or auto‑renewing subscriptions, payment is processed by Apple. Prices will be displayed in the App. Subscriptions, if offered, renew automatically until canceled. You can manage or cancel subscriptions in your Apple ID settings. Apple’s refund policies apply.
7. Privacy
Your use of the App is subject to our Privacy Policy, which explains how we collect and handle information, including photo processing and storage.
8. Third‑Party Services
The App may rely on third‑party infrastructure (for example, cloud hosting and storage) to operate. We are not responsible for third‑party services we do not control, but we take reasonable steps to select reputable providers.
9. Disclaimers
THE APP AND ANY OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR ACCURACY. Your results may vary. We do not guarantee uninterrupted or error‑free operation.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP OR OUTPUTS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE APP OR IN‑APP PURCHASES DURING THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You will defend, indemnify, and hold us harmless from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your outputs, or your violation of these Terms or applicable law.
12. Termination
You may stop using the App at any time. We may suspend or terminate your access to the App for any violation of these Terms. Upon termination, sections that by their nature should survive will survive (including ownership, disclaimers, limitations of liability, and indemnification).
13. Changes to the Terms
We may update these Terms to reflect changes in the App or legal requirements. We will update the “Last updated” date above and, when appropriate, provide additional notice in the App.
14. Contact
Questions about these Terms? Email joe@professionalportrait.ai.