Fees:

Certain features of the Service may require payment of fees. Before proceeding with payment, you will have the opportunity to review and accept the applicable fees. Unless otherwise specified in these Terms, all fees are denoted in U.S. Dollars and are non-refundable, except where required by law.

Price:

eheadshots.com reserves the right to establish pricing for the Service. We will make reasonable efforts to maintain accurate pricing information on the Service. We encourage you to periodically check our pricing page for updates. eheadshots.com may modify fees for any aspect of the Service, including additional fees or charges, provided advance notice is given. Promotional offers with varying features and pricing may be extended to select customers at our discretion.

Authorization:

By using the Service, you authorize eheadshots.com to charge all applicable sums for orders placed and selected Service levels, including taxes, to the payment method linked to your account. If payment is made via credit card, eheadshots.com may pre-authorize your credit card account to ensure validity and available funds.

Delinquent Accounts:

Failure to pay outstanding fees may result in suspension or termination of Service access. In addition to unpaid amounts, delinquent accounts may incur fees related to chargebacks or collections. If your payment method is invalid when fees are due, eheadshots.com reserves the right to delete your account and associated information without liability.

Refunds:

Refunds requested within 7 days of purchase are eligible for a full refund if no images have been downloaded. Customers encountering technical issues or quality disparities with AI-generated headshots are encouraged to reach out to eheadshots.com's customer support within this 7-day window. Refunds, whether partial or full, may be granted following a thorough review of service usage and encountered issues.

This policy aims to ensure customer satisfaction while safeguarding against misuse of the refund process. Refund requests unrelated to quality or technical matters will be assessed on a case-by-case basis, with eheadshots.com retaining the discretion to approve or deny such requests. To initiate a refund request, please contact eheadshots.com's customer support at support@eheadshots.com, providing comprehensive reasons and pertinent documentation.

Limited License:

Subject to your continuous adherence to these Terms, eheadshots.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for your personal, non-commercial use to access and utilize the Service.

AI Headshots:

The AI Headshot Generator employs your User Content (as defined below) to produce the AI Headshots. In accordance with these Terms, eheadshots.com hereby transfers to you all rights, title, and interest (if any) in and to the AI Headshots generated through your use of the Service and eheadshots.com's utilization of your User Content with the AI Headshot Generator. The AI Headshot Generator may furnish identical or similar AI Headshots to other users, and the aforementioned transfer by eheadshots.com does not extend to AI Headshots resulting from other user's Service utilization. You consent to our utilization of AI Headshots to:

(a) Deliver, maintain, enhance, safeguard, and advance the Service or our additional products and services.

(b) Adhere to pertinent laws.

(c) enforce these Terms and any Additional Terms (defined below). You bear sole responsibility for your utilization of any AI Headshots.

License Restrictions:

Unless such restriction is impermissible under applicable law, you may not:

(a) Reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service.

(b) Alter the Service.

(c) Interfere with or bypass any aspect of the Service, including security measures or access controls. If applicable law prohibits your usage of the SceService, you may not employ it.

Feedback:

We value the insights and recommendations provided by our users. Should you opt to furnish feedback concerning existing functionalities, identified issues, or proposed modifications or enhancements to the Service (“Feedback”), you grant eheadshots.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to utilize the Feedback in any manner and for any purpose, including Service enhancement and creation of additional products and services. We are not obligated to attribute any Feedback you provide to us.

Service Ownership:

eheadshots.com owns and operates the Service. The AI Headshot Generator, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other components of the Service provided by eheadshots.com (“Materials”) are safeguarded by intellectual property and other pertinent laws. It's important to note that the term "Materials" does not encompass AI Headshots produced through your use of the Service, which, as delineated between you and eheadshots.com, are your property. All Materials featured in the Service are either the property of eheadshots.com or its third-party licensors. You are not permitted to utilize the Materials except as expressly authorized by eheadshots.com. These Terms do not imply any licenses, and eheadshots.com retains all rights to the Materials not explicitly granted herein.

Third-Party Services and Linked Websites:

eheadshots.com may offer tools via the Service enabling you to transfer information, including User Content, to third-party services, such as through features facilitating account linkage between the Service and third-party platforms like Twitter or Facebook, or through integration of third-party buttons (e.g., "like" or "share" buttons). By utilizing these tools, you grant eheadshots.com the authorization to transmit such information to the relevant third-party service. It's vital to understand that third-party services are beyond eheadshots.com's control, and to the fullest extent permissible by law, eheadshots.com bears no responsibility for how third-party services utilize your shared information. Additionally, the Service may contain links to third-party websites. These linked websites are not under eheadshots.com's control, and eheadshots.com holds no liability for their content. Prior to sharing any User Content or information with third-party services, please review the respective terms of use and privacy policies. Once information is shared, eheadshots.com relinquishes control over the shared information.

Third-Party Software:

The Service may encompass or incorporate third-party software components that are typically available free of charge under licenses granting broad rights to copy, modify, and distribute those components (“Third-Party Components”). While the Service is provided to you pursuant to these Terms, nothing herein hinders or restricts your ability to acquire Third-Party Components under the relevant third-party licenses, nor does it limit your usage of Third-Party Components under said licenses.

User Content Submission:

Certain aspects of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, encompassing messages, reviews, photos, images, folders, data, text, and other works of authorship or creativity (“User Content”). You retain any copyright and other proprietary rights you may possess in the User Content you Post to the Service, subject to the licenses granted in these Terms.

License Grant to eheadshots.com:

By Posting User Content to or via the Service, you provide eheadshots.com with a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (including the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify (for formatting purposes), create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, across any media formats and through any media channels, regardless of whether currently known or developed in the future. Additionally, by uploading User Content to the Service, you grant eheadshots.com the right to utilize data, content, and Information derived from the User Content (except for photographs uploaded by users to the Service) to enhance and refine the Service, including through machine learning and for “generative artificial intelligence” endeavors. eheadshots.com will refrain from utilizing user-uploaded photographs to train its algorithms for generative artificial intelligence or marketing purposes without your prior written consent. You consent to eheadshots.com amalgamating your data with that of other users for these purposes. The rights you extend in these Terms apply on a through-to-the-audience basis, meaning external service providers bear no separate liability to you or any third party for User Content Posted or utilized on external services via the Service. You agree to assume all financial obligations stemming from the Posting of your User Content and eheadshots.com's exercise of the license delineated in this section.

Specific Rules for Photographs and Images:

If you Post a photograph or image to the Service featuring one or more individuals, you grant such individuals, as well as their representatives, guardians, heirs, and trustees (if applicable), an irrevocable, perpetual, royalty-free, fully paid-up, global license to reproduce, distribute, and publicly display that photograph for personal use or through any online platform or service, including but not limited to the Service, Facebook, Instagram, and Twitter. However, this license does not extend to promoting any third-party products, goods, or services. The license provided herein does not authorize the subject(s) of any photograph or their representatives, guardians, heirs, or trustees to sell the image or photograph, whether independently or as part of any product.

Ownership Rights and Representations:

You must refrain from Posting User Content if you are not the owner of, or do not possess full authorization to grant rights in, all elements of said User Content. eheadshots.com disclaims all liability associated with User Content. You bear sole responsibility for your User Content and the outcomes arising from its provision via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that you are the creator and proprietor of the User Content, or possess the requisite licenses, rights, consents, and permissions to enable eheadshots.com and Service users to utilize and distribute your User Content as necessary to exercise the licenses extended by you in this section, consistent with eheadshots.com's and the Service's intentions and these Terms.

Your User Content, and its Posting or other use as contemplated in these Terms, neither infringes, contravenes, misappropriates, nor breaches any third-party rights, including but not limited to copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contractual, or proprietary right; nor does it defame, slander, libel, or intrude upon the privacy, publicity, or other property rights of any other individual or entity; nor does it necessitate eheadshots.com's violation of any law or regulation, or compel us to obtain additional licenses from, or remit royalties, fees, compensation, or other sums, or provide any attribution to, third parties; and your User Content does not, and could not be reasonably construed by a rational person to be, objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

User Content Disclaimer:

eheadshots.com assumes no obligation to oversee or control User Content Posted by you or other users, and will not be held responsible or liable for User Content in any manner. However, eheadshots.com reserves the right, at any time and without prior notification, to review, remove, edit, or block any User Content that, in our sole discretion, violates these Terms, is alleged to infringe upon third-party rights, or is otherwise deemed objectionable. You understand that while using the Service, you will encounter User Content from diverse sources, and acknowledge that such User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable right or remedy you may have or acquire against eheadshots.com in relation to User Content. Should a user or content owner notify us of User Content allegedly not complying with these Terms, we may investigate the allegation and determine, at our sole discretion, whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, eheadshots.com does not permit infringing activities on the Service.

Content Monitoring:

eheadshots.com neither controls nor is obligated to monitor: (a) User Content; (b) any content provided by third parties; or (c) user usage of the Service. You acknowledge and agree that eheadshots.com retains the right to, and may occasionally, monitor all information transmitted or received via the Service for operational or other reasons. Should eheadshots.com choose to monitor content, we still assume no responsibility or liability for said content or any loss or damage incurred as a result of its utilization. During monitoring, information may be examined, recorded, copied, and utilized in accordance with our Privacy Policy. eheadshots.com may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service, without incurring liability to the user who Posted said User Content or to any other Service users.

Email:

You may receive emails from us regarding our products and services, as well as those from third parties. If you wish to opt out of promotional emails, simply follow the unsubscribe instructions provided in the promotional email itself.

By using the Service, you agree not to:

Utilize the Service for any unlawful purpose or in violation of any local, state, national, or international law.

Engage in harassing, threatening, demeaning, embarrassing, bullying, or otherwise harmful behavior towards any other user of the Service.

Violate, encourage others to violate, or provide instructions on how to violate, any third party's rights, including by infringing or misappropriating any third-party intellectual property rights.

Access, search, or use any part of the Service through the utilization of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by eheadshots.com.

Interfere with security-related features of the Service, including by:

(i) disabling or circumventing features that prevent or limit the use, printing, or copying of any content; or

(ii) reverse engineering or attempting to discover the source code of any portion of the Service except to the extent expressly permitted by applicable law.

Disrupt the operation of the Service or any user's enjoyment of the Service, including by:

(i) uploading or disseminating any virus, adware, spyware, worm, or other malicious code;

(ii) making any unsolicited offer or advertisement to another user of the Service;

(iii) collecting personal information about another user or third party without consent;

(iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.

Engage in any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth.

Sell or transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials. Attempt to perform any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

Respect for Third Party Rights:

eheadshots.com values the intellectual property rights of others and takes the protection of intellectual property rights seriously. We expect users of the Service to do the same, and we do not tolerate infringing activity on or through the Service.

DMCA Notification:

We adhere to the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have a complaint related to intellectual property rights about any material on the Service, please contact our Designated Agent at the following address:

Procedure for Reporting Claimed Infringement:

If you believe that any content made available on or through the Service infringes upon an intellectual property right you own or control, please promptly send a written “Notification of Claimed Infringement” to the Designated Agent containing the following information:

Repeat Infringers:

Our policy is to remove or disable access to material that we believe, in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service. We also reserve the right to terminate the accounts of users who repeatedly or egregiously infringe other people's copyright or other intellectual property rights.

Counter Notification:

If you receive a notification from us that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, you have the right to provide us with a “Counter Notification.” To be effective, a Counter Notification must be in writing and include substantially the following information:

Reposting of Content Subject to a Counter Notification:

If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform them that we will replace the removed User Content or cease disabling access to it within a specified timeframe. We will replace the removed User Content and cease disabling access to it unless we receive notice from the party that submitted the Notification of Claimed Infringement that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our system or network.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [eheadshots.com] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” eheadshots.com reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Term.

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination). Termination.

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, eheadshots.com may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at support@eheadshots.com.com.

Effect of Termination.

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay eheadshots.com any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.4 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by eheadshots.com), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

Modification of the Service.

eheadshots.com reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. eheadshots.com will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to eheadshots.com, Attention: Legal Department – Arbitration Opt-Out, 8th the Green, Suite A, Dover, DE 19901 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once eheadshots.com receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void, and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Commencing Arbitration.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). eheadshots.com's address for Notice is: eheadshots.com, 8th the Green, Suite A, Dover, DE 19901. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or eheadshots.com may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, eheadshots.com will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

Arbitration Proceedings.

Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or eheadshots.com must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief.

Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by eheadshots.com before an arbitrator was selected, eheadshots.com will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions.

YOU AND EHEADSHOTS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and eheadshots.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. If eheadshots.com makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to eheadshots.com's address for Notice of Arbitration, in which case your account with eheadshots.com will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if eheadshots.com receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.

General Terms.

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and eheadshots.com regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time thereafter, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law.

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and eheadshots.com submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Privacy Policy.

Please read the eheadshots.com Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The eheadshots.com Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Contact Information.

The Service is offered by eheadshots.com, located at 8th the Green, Suite A, Dover, DE 19901. You may contact us by sending correspondence to that address or by emailing us at support@eheadshots.com. Notice to California Residents.

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

No Support.

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

International Use.

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.