Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Hero Portraits mobile application (“App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Hero Portraits (“we,” “our,” or “us”). We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old to use the App. If you are under 18, you must have the consent of a parent or legal guardian. By using the App, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

• You may register using Apple Sign In or Google Sign In.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

4.1 Subscription Plans

Hero Portraits offers subscription plans (“Plus” and “Pro”) that provide access to premium features and generation credits. Details of available plans, including pricing and included credits, are displayed in the App.

4.2 Billing and Auto-Renewal

• Subscriptions are billed through the Apple App Store or Google Play Store (“Platform”).
• Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel at least 24 hours before the end of the current period.
• Your Platform account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
• Prices are subject to change. We will notify you of price changes before they take effect.

4.3 Cancellation

• You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings.
• Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the period you have paid for.
• No refunds are provided for partial billing periods.

4.4 Credits

• Credits are used to generate AI portraits within the App.
• Credits are allocated based on your subscription tier and reset each billing cycle.
• Unused credits do not roll over to the next billing period.
• Credits have no cash value and are non-transferable.

4.5 Refunds

All purchases are processed through the Apple App Store or Google Play Store. Refund requests must be directed to the respective Platform in accordance with their refund policies.

5. User Content

5.1 Your Photos

You retain ownership of all photos you upload to the App. By uploading photos, you grant us a limited, non-exclusive license to process, transform, and store your photos solely for the purpose of providing the portrait generation service to you.

5.2 Generated Portraits

• Portraits generated through the App are created for your personal, non-commercial use unless you have a Pro subscription.
• Pro subscribers may use generated portraits for commercial purposes, subject to the limitations described in these Terms.
• You may not claim that AI-generated portraits are original human-created artwork when used commercially.

5.3 Content Restrictions

You agree not to upload or use the App to generate content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Depicts or promotes violence, hatred, or discrimination
• Contains nudity or sexually explicit material
• Infringes on any third party's intellectual property rights, privacy, or publicity rights
• Depicts real persons without their consent (other than yourself, your minor children under your guardianship, or your pets)
• Impersonates any person or entity, or misrepresents your affiliation
• Violates any applicable law or regulation

We reserve the right to remove content and suspend accounts that violate these restrictions without notice.

6. Intellectual Property

The App, including its design, features, functionality, code, AI models, themes, style presets, and all associated intellectual property, is owned by Hero Portraits and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its content.

“Hero Portraits,” our logo, and all related names, logos, and slogans are trademarks of Hero Portraits. You may not use these trademarks without our prior written consent.

7. Prohibited Uses

• Use the App for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated means (bots, scrapers, etc.) to access or interact with the App
• Interfere with or disrupt the App's infrastructure or other users' experience
• Circumvent any technological measures we use to protect the App
• Resell, sublicense, or redistribute portraits generated through the App (except as permitted for Pro subscribers)

8. AI-Generated Content Disclaimer

• AI-generated results may vary and are not guaranteed to meet specific expectations.
• We do not guarantee exact likeness preservation, though our AI is designed to maintain key identity features.
• Generated content may occasionally produce unexpected or imperfect results.
• We are not responsible for how you use or distribute generated portraits.
• AI technology evolves over time, and results may change as we update our systems.

9. Termination

• You may terminate your account at any time by deleting your account through the App or contacting us.
• We may suspend or terminate your access to the App at any time, with or without cause, with or without notice.
• Upon termination, your right to use the App ceases immediately.
• Sections of these Terms that by their nature should survive termination will survive.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERO PORTRAITS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses. Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hero Portraits and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your use of the App, your violation of these Terms, or your violation of any third party's rights.

13. Dispute Resolution

Before filing any formal dispute, you agree to first contact us at legal@heroportraits.com and attempt to resolve the dispute informally for at least 30 days. If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Apple App Store Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and Hero Portraits, not Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support services for the App.
• In the event of any failure of the App to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims relating to the App, including product liability, consumer protection, or intellectual property infringement claims.
• In the event of a third-party intellectual property claim, Hero Portraits (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not on any U.S. Government list of prohibited or restricted parties.

15. Google Play Terms

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service. In the event of conflict between these Terms and Google Play's terms, these Terms shall govern to the extent of the conflict with respect to the App.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hero Portraits regarding your use of the App.

19. Contact Us

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