Terms Of Use

1. Who We Are And What These Terms Cover

PhotoMart.ai ("PhotoMart", "we", "us", "our") is an online AI portrait studio operated by Billings Ventures, Winter Garden, FL 34787. These Terms of Use ("Terms") are the agreement between you and us for everything you do on photomart.ai and any related pages, emails and tools (together, the "Service").

The Service lets you:

• upload photos of yourself and build a private identity reference (a "Character Sheet");
• create AI-generated pictures from that reference in styles you choose (Portrait Pics, Artistic Pics, Business/Headshot Pics, Product Pics, Sports Pics, Motivational Pics, Playground Pics, Live Pics and others we add);
• buy credits;
• order printed pictures and digital downloads, including from our Fine Art Gallery photography store; and
• where invited, sell your own photography through Fine Art Gallery or earn commissions as an affiliate.

These Terms work together with our Privacy Policy, our Content Guidelines, and our Subscription and Refund Policy. Photographers who sell through Fine Art Gallery also agree to the Photographer Agreement, and affiliates to the Affiliate Program Terms. If any of those documents conflicts with these Terms on its own subject, that document controls for that subject.

By creating an account, buying anything, or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Who Can Use PhotoMart

You must be at least 18 years old to create an account or upload photos. [DECIDE: the sign-up checkbox currently also allows a minor with a parent's permission. We recommend 18+ only. See notes.]

If you use the Service for a business, you confirm you are allowed to accept these Terms for that business, and "you" includes that business.

3. Your Account

We sign you in with a one-time code sent to your email; there is no password. Keep access to your email account secure, because anyone who can read your email can sign in as you. You are responsible for what happens under your account. Tell us right away at [CONTACT EMAIL] if you think someone else has used it.

Please give us accurate information and keep your email address current. We may suspend or close an account that gives false information, is used to break these Terms, or is created to get around an earlier suspension.

4. Your Photos And The Pictures You Create

What you own. You keep ownership of the photos you upload. As between you and us, you own the finished pictures the Service creates for you, subject to these Terms and to any rights third parties may have (for example, in a logo, brand or likeness shown in your photo). AI-generated images may have limited or no copyright protection in some countries; we make no promise that a picture can be registered or protected.

What you let us do. So we can run the Service, you give us a worldwide, non-exclusive, royalty-free license to store, copy, process, resize, watermark, print, deliver and display your uploads and pictures, and to send them to the service providers listed in our Privacy Policy, only as needed to provide the Service to you, keep it safe, and meet the law. This license ends when the content is deleted from our systems, except for copies we are required to keep by law or that are in backups awaiting routine deletion.

Showcasing. We will not use your pictures in our marketing, on our homepage, or in public galleries without your permission.

No training. We do not use your photos or pictures to train AI models, and we do not allow our providers to do so under our agreements with them.

Your promises. When you upload a photo, you confirm that:

• it is a photo of you, or you have the permission of every identifiable person in it (and of a parent or guardian for anyone under 18);
• you have the right to use it, including any logos, artwork or other material in it; and
• it follows our Content Guidelines.

Live Pics and other people's photos. When you use a feature that takes or uploads another person's photo (for example Live Pics at an event, or Business/Headshot Pics for a team), you must have that person's permission first, and their permission to receive the result by email.

5. What AI Can And Cannot Do

Every picture is made by artificial intelligence working from your photos and the style you pick. Results vary. A picture may not look exactly like you, may contain errors or odd details, and may differ from the samples you see on the site. Samples and previews show what a style can look like; they are not a promise of your result.

Please review every picture before you share, print or use it. You are responsible for how you use your pictures, including making sure you do not use them to mislead anyone about who a person is or what they did or said.

PhotoMart is a creative tool. It is not a substitute for a professional photographer where an exact, unaltered likeness is required (for example, passport, visa, government ID or other official photos).

6. Credits And Payments

Most creating actions cost credits. The cost of each action is shown before you confirm it. New accounts get free starting credits to try every tool, with no time limit; accounts made from the same internet address may get fewer. To keep going you can take out a membership, billed monthly or yearly, which adds its plan's credits to your account each month, or buy a one-time credit pack. Some tools are included only from certain plans up. Prices, plans, pack sizes and credit costs are shown on our pricing page and at checkout, and may change over time; a change never affects a purchase you have already made, and a plan price change applies only from your next renewal.

Payments are processed by Stripe. We never see or store your full card number.

Credits:

• are a way to pay for features of the Service, not money;
• have no cash value and cannot be sold, transferred or exchanged for cash, except where the law requires;
• stay on your account while it is open, whether or not you keep a membership [CONFIRM]; and
• are returned automatically when a picture fails to be made because of a problem on our side.

Free or promotional credits (for example, sign-up, referral, giveaway, coupon or weekly-picture credits) may come with their own conditions and may be changed or withdrawn.

Memberships renew automatically at the end of each billing period until you cancel. Switching plans starts the new plan at once and ends the old one. How renewals, cancellation, plan switches and refunds work is set out in our Subscription and Refund Policy.

You are responsible for any taxes that apply to your purchases, other than taxes on our income.

7. Prints And Digital Downloads

Printed pictures are produced and shipped by our professional printing partner. Shipping costs are quoted for your address at checkout. Colors on a printed picture may look somewhat different from your screen. Delivery times are estimates.

Fine Art Gallery digital downloads are for your personal use unless the listing says otherwise. After checkout we email you a download link that works for 72 hours; the file also stays available in Your Orders in your account.

Our print and download refund rules are in the Subscription and Refund Policy.

8. Fine Art Gallery Photography

Photographs sold in Fine Art Gallery belong to the photographer who took them. Buying a print or download gives you a personal, non-exclusive license to display in your home or office and enjoy it. Unless the listing says otherwise, you may not resell, redistribute, sublicense, use in advertising, or offer for download any Fine Art Gallery photograph or file, or remove its signature or watermark.

The "Preview in a room" view and the magnifier are illustrations to help you choose. They are close, but a printed piece may differ slightly in size, color and finish.

9. Things You May Not Do

In addition to our Content Guidelines, you agree not to:

• break any law, or help anyone else break one, through the Service;
• create pictures of a real person without their permission, or use the Service to impersonate, harass, embarrass, deceive or defame anyone;
• create or present a picture as a real, unaltered photograph in a way meant to mislead;
• upload anything that infringes someone else's copyright, trademark, privacy or publicity rights;
• try to get around credit charges, watermarks, usage limits, or safety measures;
• copy, scrape, harvest or bulk-download content or data from the Service by automated means;
• interfere with, overload, probe or attack the Service or its security;
• copy, reverse engineer or resell the Service or any part of it, or use it to build a competing service;
• use the Service to identify an unknown person from their face; or
• share or sell your account or credits.

10. Our Content

The Service itself, including our software, design, styles, prompts, sample images, text, logos and the PhotoMart name, belongs to us or our licensors and is protected by law. These Terms give you a limited, personal, non-transferable right to use the Service as intended. Nothing in these Terms gives you any other right in our content or brand.

11. Copyright Complaints

If you believe something on the Service infringes your copyright, send a notice throught out contact page that includes:

1. your physical or electronic signature;
2. a description of the work you believe is infringed;
3. where the material is on our Service (a link is best);
4. your name, address, phone number and email;
5. a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and
6. a statement, under penalty of perjury, that your notice is accurate and that you own the right or are authorized to act for the owner.

If we remove material in response, we will let the person who posted it know. They may send a counter-notice under the same law. We will close the accounts of people who repeatedly infringe. Knowingly false notices can lead to liability for damages.

12. Suspension And Closing Your Account

You may stop using the Service at any time. To close your account and have your data erased, send an email through out contact form. You can also delete individual pictures or all of your photos from your account at any time.

We may suspend or close your account, or remove content, if we reasonably believe you have broken these Terms or our Content Guidelines, if required by law, or to protect other users or the Service. Where it is reasonable and safe to do so, we will tell you why. If we close your account without cause, we will refund any unused credits you paid for. If we close it because you broke these Terms, paid credits and fees are not refunded, except where the law requires.

How long we keep pictures, including when an unused free account is deleted, is described in our Privacy Policy.

13. Changes To The Service And To These Terms

We keep improving PhotoMart, so features, styles, AI models and prices will change. We may add, change or remove features at any time.

14. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or produce any particular result. Some places do not allow these disclaimers, so some may not apply to you.

15. Limit Of Our Liability

To the fullest extent the law allows:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and
• our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose, or $100.

These limits do not apply where the law does not allow them, including for our fraud, or for death or personal injury caused by our negligence.

16. Your Responsibility To Us

If a third party makes a claim against us because of content you uploaded, pictures you created or shared, or your breaking these Terms or the law, you agree to cover our reasonable losses and costs, including reasonable attorney fees, arising from that claim.

17. Disputes

Please contact us first via our contact page; most problems can be solved quickly that way. We will try in good faith to resolve any dispute informally within 30 days.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute that is not resolved informally will be brought in the state or federal courts located in Orange, Florida, and you and we consent to those courts. You may also bring an individual claim in small claims court where it qualifies.

18. General

• These Terms, with the documents they refer to, are the whole agreement between you and us about the Service.
• If any part is found unenforceable, the rest stays in effect.
• If we do not enforce a right right away, we have not given it up.
• You may not transfer your rights under these Terms. We may transfer ours as part of a merger, sale or reorganization.
• We are not responsible for delays or failures caused by events outside our reasonable control.

19. Contact

Billings Ventures Winter Garden, FL 34787 rick@photomart.ai