Terms of Use

These Terms of Use ("Terms") govern your access to and use of our AI‑powered business headshots service. By creating an account or using the service, you agree to these Terms.

Definitions

• Service: the website, apps, APIs, and related services that enable uploading photos and generating AI‑produced business headshots.
• User or you: the individual who creates an account or otherwise uses the Service.
• User Content: photos, images, prompts, and other materials you upload or provide to the Service.
• Outputs: images or other results generated by the Service based on your User Content.
• Credits: prepaid units or allowances that can be spent to generate Outputs.

Eligibility

• You must be 18 years or older to use this service.
• You may use the service only if you can form a binding contract with us and are not barred under applicable law.

Account and security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security incident. We may require additional verification steps to confirm account ownership.

Your photos and rights

• You retain ownership of the photos you upload and the outputs generated for you.
• You grant us a limited, non‑exclusive, revocable license to host, process, and transform your photos solely to provide and improve the service (e.g., quality assurance, troubleshooting, abuse prevention).
• You may delete your uploaded and generated photos at any time from within your account.

If you upload photos of other people, you represent that you have their explicit, informed consent to upload the photos and to have them processed by the Service for the purposes described in these Terms and in our Privacy Policy. Do not upload photos of minors under any circumstances. We do not use your photos or outputs for marketing without your separate, prior consent.

Acceptable use and content rules

Do not upload or generate content that:

• Depicts nudity or sexual content, exploits or depicts minors, or sexualizes any person.
• Depicts graphic violence, gore, or promotes self‑harm or illegal activities.
• Contains hate speech, harassment, threats, or incites violence or discrimination.
• Is unlawful, defamatory, invasive of privacy, or otherwise violates rights of others.
• Infringes copyrights, trademarks, privacy, or publicity rights. Only upload content you own or have explicit permission to use.
• Includes photos of other people without their explicit consent, or photos of minors under any circumstance.
• Attempts to impersonate others, create deceptive likenesses, or generate content for disallowed purposes.

We analyze uploaded images and may block, review, or remove content that appears to violate these rules. We may suspend or terminate accounts that repeatedly or seriously breach these Terms. We also comply with restrictions imposed by our payment providers and our Merchant of Record; we may refuse, cancel, or reverse transactions that violate those third‑party requirements.

Service scope and permitted use

• The service is intended solely for generating professional business headshots. Do not use it for unrelated or prohibited purposes.
• Do not reverse engineer, scrape, or interfere with the service, or misuse rate limits, APIs, or storage.
• Do not attempt to access other users’ data or the underlying models beyond what the service permits.

AI results and disclaimers

• Because results are generated by AI, results and quality can vary from person to person and image to image.
• We do not guarantee perfect likeness, absence of artifacts, or suitability for any specific professional requirement.
• We do not promise or guarantee any particular success rate or quality of results.
• Outputs may be similar to outputs generated for others. We do not promise uniqueness.

By uploading photos you represent that you own the content or have all rights necessary to use it with the service and to grant the license described above, and that your content and use comply with these Terms and applicable law.

Payments, credits, and refunds

• Pricing and packages are described on our website and may change from time to time.
• Payments are processed by Polar Software Inc (San Francisco, USA), which acts as the Merchant of Record and your contractual transaction partner for purchases made via our checkout. You agree to provide accurate billing information.
• Refunds are governed by our Refund Policy.
• Purchased credits do not expire and remain available indefinitely. If credits remain unused for multiple months, we reserve the right, at our discretion, to proactively refund them. This is not guaranteed, and there is no entitlement to such refunds.
• Credits are personal, non‑transferable, and have no cash value. Credits may be reversed if a transaction is charged back or if we detect abuse, fraud, or violations of these Terms.
• By purchasing credits or initiating a generation, you request immediate performance of the Service. See the Right of withdrawal section below for EEA/UK consumer information.

Merchant of Record (Polar)

For purchases made via our checkout, Polar Software Inc acts as the Merchant of Record and reseller of our digital services. Your purchase agreement for billing, invoicing, and tax purposes is with Polar. Polar issues receipts/invoices, appears on your bank or card statement, and collects and remits applicable sales taxes (e.g., VAT, GST, US Sales Tax) where required. We remain responsible for providing and supporting the Service itself.

• Taxes and VAT: Taxes are calculated and charged by Polar where applicable. For eligible B2B transactions, Polar may apply reverse‑charge mechanisms in supported jurisdictions.
• Billing entity: Your invoice will list Polar Software Inc as the seller. If you require an invoice update (e.g., VAT ID), please use the billing portal or contact support.
• Refunds and chargebacks: Refunds are initiated by us but processed by Polar to the original payment method. In the event of a dispute or chargeback, Polar may temporarily suspend access while the matter is reviewed.
• Availability: Polar may restrict or block transactions from certain countries or categories to comply with legal, tax, or network rules. We may not be able to accept payments where Polar cannot operate.

Right of withdrawal for EEA/UK consumers

If you are a consumer in the EEA or the UK, you generally have a legal right to withdraw from distance contracts within 14 days. However, for digital content not supplied on a tangible medium, you lose the right of withdrawal once we have begun supplying the digital content after your express consent and acknowledgment of this loss. We will ask you to provide this consent during checkout when you purchase credits or start a generation. This statutory right is separate from and in addition to our commercial refund commitments in the Refund Policy.

Intellectual property

• All rights in the service, software, models, and documentation are owned by us or our licensors. You receive no licenses except as expressly provided in these Terms.
• Do not use our trademarks, branding, or UI assets without prior written permission.

Termination and suspension

We may suspend or terminate your access at any time for violations of these Terms, unlawful activity, or risks to other users or the service. You may stop using the service at any time and may request account deletion.

Service availability and changes

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, including for maintenance, capacity, or security reasons. We will use reasonable efforts to avoid material adverse changes, but we do not guarantee uninterrupted availability.

Warranty disclaimer

The service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy, to the fullest extent permitted by law.

Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, reputational harm, or data loss. Our total liability for any claim relating to the service will not exceed the greater of (a) the amount you paid to use the service in the 12 months preceding the claim, or (b) EUR 50. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless AI Business Headshots by MaxedApps GmbH from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your content, your use of the service, or your violation of these Terms or applicable law.

Governing law and venue

These Terms are governed by the laws of Germany. If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you have your habitual residence. The exclusive place of jurisdiction for merchants is Munich, Germany.

Dispute resolution and online dispute resolution (ODR)

We prefer to resolve issues directly with you. If you are an EU consumer, you may also access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are neither obliged nor committed to participate in formal alternative dispute resolution procedures before consumer arbitration boards.

Third‑party services

The service integrates third‑party services such as Polar Software Inc (payments) and Google‑hosted AI models (generation). Your use of these components may be subject to their respective terms and privacy policies. We are not responsible for third‑party services, and we may replace or modify integrations at any time.

Copyright complaints

If you believe that content available through the Service infringes your copyright or other rights, please contact us at [email protected] with a detailed notice including: (a) identification of the work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; and (d) a statement that you have a good‑faith belief that use is not authorized.

Export controls and sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to embargoes or sanctions, and that you will not use the Service in violation of applicable export control, sanctions, or anti‑terrorism laws.

Beta features

From time to time, we may make features labeled as alpha, beta, preview, or experimental available. These features are provided for evaluation without any service‑level commitments and may be modified or discontinued at any time.

Severability and waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, acts of government, war, terrorism, epidemics, failures of third‑party networks or services, or power outages.

Changes to these Terms

We may modify these Terms from time to time. We will post the updated version with the effective date above. If changes are material, we will provide additional notice where required. Continued use of the service after changes take effect constitutes acceptance of the new Terms.

Entire agreement and survival

These Terms, together with any referenced policies (including our Privacy Policy and Refund Policy), constitute the entire agreement between you and us regarding the Service and supersede all prior understandings. Sections that by their nature should survive termination will survive, including ownership, payment obligations, warranty disclaimers, limitations of liability, indemnification, and dispute resolution.

Contact

AI Business Headshots by MaxedApps GmbH
Lena‑Christ‑Straße 2, 82031 Grünwald, Germany
HRB 302504
Email: [email protected]