Terms of Service

1. Acceptance of Terms

Welcome to HeadShotlyAI ("we," "us," or "our"). By accessing or using our website www.headshotly.ai and related services (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Eligibility

• Age Requirement: You must be at least 16 years old to use our Service.
• Authority: By using our Service, you represent and warrant that you have the legal capacity to enter into these Terms under the laws of Poland and your place of residence.
• Compliance: You agree to comply with all applicable laws and regulations when using the Service.

3. Account Registration and Security

3.1. Account Creation

• Information Accuracy: You agree to provide accurate, current, and complete information during the registration process.
• Account Credentials: You are responsible for safeguarding your password and agree not to disclose it to any third party.

3.2. Account Responsibility

• Activity Under Your Account: You are responsible for all activities that occur under your account.
• Notification of Breach: You agree to notify us immediately at support@headshotly.ai of any unauthorized use of your account.

4. User Conduct

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using the Service for any unlawful purpose or in violation of any local, national, or international law or regulation.
• Harmful Conduct: Uploading or sharing content that is defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable.
• Infringement: Uploading content that infringes on any third party's intellectual property rights, privacy rights, or other proprietary rights.
• Interference: Interfering with or disrupting the integrity or performance of the Service.
• Unauthorized Access: Attempting to gain unauthorized access to the Service or its related systems or networks.

5. User Content

5.1. Ownership

Your Content: You retain all rights, title, and interest in and to any photographs or content you upload to the Service ("User Content").

5.2. License to Us

• Limited License: By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, and process your User Content solely for the purpose of providing the Service to you.
• No Use for Marketing: We will never use your User Content for marketing, advertising, or any purpose other than providing the Service without your explicit consent.

5.3. Your Responsibilities

• Rights and Permissions: You represent and warrant that you have all necessary rights and permissions to upload the User Content and grant the license described above.
• Content Compliance: You agree that your User Content will not violate any laws or third-party rights.

6. Fees and Payment

6.1. Pricing

• Service Fees: Access to certain features of the Service may require payment of fees as described on our website.
• Price Changes: We reserve the right to change our fees at any time upon reasonable notice.

6.2. Payment Terms

• Payment Processing: All payments are processed securely through Stripe. We do not store your full payment card details.
• Billing Information: You agree to provide current, complete, and accurate billing information.
• Taxes: You are responsible for all applicable taxes under Polish law and any other applicable jurisdictions.

6.3. Refund Policy

Last Updated: November 25, 2024

Our Commitment to You

HeadShotlyAI is committed to delivering high-quality AI-enhanced photos that meet your expectations. While close to 99% of our customers are delighted with their AI headshots, we understand there may be instances where your photos don't accurately represent you for various reasons.

That's why we offer a comprehensive satisfaction guarantee:

• 14-Day Money-Back Guarantee: You may request a refund within 14 days of your purchase.
• Complimentary Redo: We offer a complimentary redo of your photos if needed.
• 100% Refund: If you're not completely satisfied, we'll issue a full refund.

To initiate the refund process, please submit your request to support@headshotly.ai with a brief explanation of your concerns. Your satisfaction is our top priority, and we stand behind the quality of our AI-generated headshots.

Refund Eligibility Requirements

To maintain the integrity of our service and ensure fair usage, the following conditions apply:

Service Usage Guidelines: Refunds will not be issued in cases where our Service has been used in violation of our Terms, including but not limited to:

• Uploading prohibited content.
• Attempting to circumvent system limitations.
• Any other form of service misuse.

Refund Limitation: Customers are eligible for one refund per account. This policy ensures a fair evaluation period while maintaining the sustainability of our Service. Subsequent purchases are considered final.

Technical Issues and Service Interruptions

In the event of technical difficulties or service interruptions that significantly impact your ability to use our Service, please contact our support team immediately. Such cases will be evaluated individually, and appropriate compensation, including potential refunds, will be determined based on the specific circumstances.

Contact Information

For refund requests or questions regarding our Refund Policy, please contact our support team at support@headshotly.ai. We aim to process all refund requests within 3-5 business days.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy details:

• How we collect, use, and protect your personal information
• Your rights under applicable privacy laws, including GDPR and CCPA/CPRA
• Our data retention and security practices
• How to exercise your privacy rights

By using our Service, you acknowledge that you have read and understood our Privacy Policy at www.headshotly.ai/privacy-policy.

8. Intellectual Property Rights

8.1. Our Content

• Ownership: We own all rights, title, and interest in and to the Service, including all software, text, images (excluding User Content), and other content ("Our Content").
• License: We grant you a limited, non-exclusive, non-transferable license to access and use Our Content solely for personal, non-commercial use.

8.2. Restrictions

Prohibited Uses: You may not copy, modify, distribute, sell, or lease any part of the Service or Our Content without our prior written consent.

9. Termination

9.1. By You

Account Deletion: You may terminate your account at any time by following the instructions on the Service or by contacting us at support@headshotly.ai.

9.2. By Us

Termination Rights: We may suspend or terminate your access to the Service at our sole discretion, without prior notice, for any reason, including violation of these Terms.

9.3. Effect of Termination

• Access Rights: Upon termination, your right to access and use the Service will immediately cease.
• Data Deletion: We will delete your User Content in accordance with our Privacy Policy and data retention policies.

10. Disclaimers

• "As-Is" Basis: The Service is provided on an "as-is" and "as-available" basis without warranties of any kind.
• No Warranties: We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee: We do not guarantee that the Service will meet your requirements, be uninterrupted, secure, or error-free.

11. Limitation of Liability

• Exclusion of Damages: To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Maximum Liability: Our total liability for any claim arising out of or relating to these Terms or the Service is limited to the amount you have paid us in the last twelve (12) months, if any.

12. Indemnification

You agree to indemnify, defend, and hold harmless HeadShotlyAI and its affiliates, officers, agents, and employees from any claim, liability, damage, loss, or expense arising out of or related to:

• Your Use of the Service: Any use or misuse of the Service by you.
• Violation of Terms: Your breach of these Terms.
• Violation of Laws or Rights: Your violation of any law or the rights of any third party.

13. Governing Law and Dispute Resolution

13.1. Governing Law

Jurisdiction: These Terms and any dispute arising out of or relating to them will be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

13.2. Dispute Resolution

• Good Faith Efforts: Parties agree to attempt to resolve any disputes informally before initiating legal action.
• Arbitration: If a dispute cannot be resolved informally, it shall be settled by binding arbitration in accordance with the rules of the Court of Arbitration at the Polish Chamber of Commerce.
• Location: The arbitration proceedings shall take place in Warsaw, Poland.
• Language: The arbitration shall be conducted in Polish or English, depending on mutual agreement.
• Exceptions: Either party may seek injunctive or other equitable relief in the courts of Warsaw, Poland, for alleged unlawful use of intellectual property or confidential information.

14. Changes to Terms

• Right to Modify: We reserve the right to modify these Terms at any time.
• Notification: We will notify you of material changes by posting the new Terms on this page and updating the "Effective Date."
• Continued Use: Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

15. Miscellaneous

15.1. Entire Agreement

These Terms, along with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HeadShotlyAI regarding the Service.

15.2. Severability

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

15.3. Waiver

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

15.4. Assignment

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

15.5. Language

These Terms are provided in English. If they are translated into another language and there is a conflict between the English version and the translation, the English version will prevail.

16. Contact Us

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

Email: support@headshotly.ai

Postal Address:

17. Additional Terms

17.1. Feedback

• Voluntary Submission: Any feedback, comments, or suggestions you provide regarding the Service is entirely voluntary.
• License to Feedback: We are free to use such feedback without any obligation to you.

17.2. Electronic Communications

• Consent: By using the Service, you consent to receive electronic communications from us.
• Notices: All notices and communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

17.3. Compliance with Laws

Your Compliance: You agree to comply with all applicable laws, regulations, and ordinances related to your use of the Service, including Polish laws and regulations.

17.4. International Users

Access from Other Locations: The Service is controlled and operated from facilities in Poland. Those who access the Service from other locations do so at their own risk and are responsible for compliance with local laws.

Thank you for choosing HeadShotlyAI. We are committed to providing you with exceptional service and appreciate your trust in us.