Terms of Service

Welcome to Honest Headshots ("Honest Headshots," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of honestheadshots.com and any related pages, tools, features, or services we provide (collectively, the "Service").

Honest Headshots is a business registered and based in New York, United States.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

For clarity in these Terms:

• "Input" means photos, images, and any other content you upload or submit to the Service.
• "Output" means the AI-generated headshots and related images produced by the Service using your Input.
• "Full-Size Download" means downloading an Output image in its highest available resolution (e.g., high-resolution, print-ready, or non-watermarked final files). Thumbnails, previews, or watermarked images are not Full-Size Downloads unless explicitly stated otherwise at checkout or in the product flow.
• "Account" means a user account you create or access to use the Service.

2. Service Overview

Honest Headshots provides an AI-assisted headshot creation service. You upload Input images, and the Service generates Output images (headshots) in different looks, backgrounds, poses, and styles.

You understand that:

• Outputs are generated by AI systems and may vary in quality and accuracy.
• The Service may evolve over time and features may be changed, added, or removed.

3. Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you represent and warrant that:

• you are at least 18;
• you have not been suspended or banned from the Service; and
• you will comply with these Terms and all applicable laws.

If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

4. Accounts, Access, and Security

You may need an Account to access parts of the Service.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your Account; and
• ensuring the information you provide is accurate and current.

We may suspend or terminate Accounts that are compromised, used abusively, or used in violation of these Terms.

5. Purchases, Billing, and Refunds

5.1 Pricing and Payments

Certain features require payment. Prices are shown at checkout. All fees are in U.S. Dollars (USD) unless otherwise stated. You authorize us (and our payment processors) to charge your chosen payment method for purchases and applicable taxes. Prices are exclusive of any applicable sales, use, value-added, or other taxes; you are responsible for all such taxes based on your billing address. We may refuse or cancel orders where fraud, abuse, or unauthorized activity is suspected.

5.2 Refund Policy Summary

Our refund policy is available at /refunds. The key terms are:

• Refund window: You may request a refund within 14 days of purchase.
• Condition: No refunds after any Full-Size Downloads have occurred for that purchase.
• How to request: Contact us via /contact with your order details.

We may deny refund requests that indicate abuse (for example, repeated refund attempts across multiple Accounts or purchases), except where required by applicable law.

5.3 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute, we may suspend your Account and access to the Service while we investigate. We reserve the right to provide relevant information to payment processors to respond to disputes.

6. Acceptable Use and Prohibited Content

You agree to use the Service lawfully and responsibly. You may not use the Service to create, upload, generate, distribute, or promote content or conduct that is unsafe, unlawful, or harmful.

6.1 Prohibited Content (Strictly Forbidden)

You must not upload, submit, or attempt to generate content that includes or relates to:

• Illegal content of any kind.
• Child sexual abuse material (CSAM) or any sexual content involving minors (including non-photorealistic or "fictional" depictions).
• Explicit nudity or pornography, including sexually explicit content intended for arousal.
• Hate or hateful content, including content that promotes violence, hatred, harassment, or discrimination against protected groups.
• Graphic violence, gore, or content intended to incite violence.
• Harassment, threats, or abuse, including targeted bullying or intimidation.
• Content that violates privacy rights, publicity rights, or other rights of others.

6.2 Deceptive, Harmful, or Fraudulent Uses

You must not use the Service for deceptive or harmful purposes, including:

• Impersonation, identity fraud, or misrepresenting a person's identity.
• Deepfake misuse, including creating misleading images intended to deceive others about real-world events, identity, endorsements, or affiliations.
• Using outputs to facilitate scams, fraud, defamation, stalking, or harassment.

6.3 Consent Required for Photos of People

You must not upload photos of anyone other than yourself without their explicit permission.

If you upload images containing another person, you represent and warrant that you have all required rights and consents to upload and process those images and to generate outputs from them.

6.4 Platform Abuse and Technical Restrictions

You must not:

• Reverse engineer, decompile, disassemble, or attempt to discover source code, models, prompts, or system logic (except where prohibited by law).
• Scrape, crawl, harvest, or automatically collect data from the Service without our written permission.
• Interfere with or disrupt system operation, security, rate limits, or access controls.
• Upload malicious code, viruses, bots, or anything designed to degrade performance or security.
• Use automated access without permission, including scripted bulk uploads or high-volume batch processing.

6.5 Enforcement and Reporting

Violations of this Section may result in one or more of the following (at our discretion):

• rejection of uploads or outputs;
• removal of content;
• temporary suspension or permanent termination of your Account;
• denial of refunds where allowed by law and consistent with /refunds; and/or
• reporting to law enforcement or other authorities, including preservation or disclosure of data where legally permitted or required.

7. Automated Moderation and Safety

7.1 Automated Review Before Processing

To keep the Service safe, uploads are automatically moderated before processing. Content may be reviewed and filtered to detect prohibited or unsafe content.

7.2 AI Systems and Third-Party Providers

Moderation may use:

• our own automated systems,
• third-party safety vendors,
• and AI-based classification tools.

7.3 Rejection, Logging, and Safety Retention

If content is flagged as unsafe, we may:

• reject the upload and prevent processing,
• block the Account or associated payment method,
• and log or retain limited information (including metadata and signals related to the upload) for legal compliance, safety enforcement, fraud prevention, and investigations, to the extent permitted by law.

7.4 Moderation May Be Incorrect; Appeals

You understand that moderation systems can make mistakes (false positives or false negatives). If you believe your content was incorrectly rejected or your Account was restricted in error, you may appeal by contacting us via /contact.

We may request additional information to verify identity, consent, or compliance before reinstating access.

7.5 Biometric Data Notice and Consent

By uploading photos to the Service, you understand and expressly consent to the collection and processing of your "biometric identifiers" or "biometric information" (such as scans of facial geometry or mathematical representations of your face). We use this data solely to (a) identify facial features in your Input and (b) generate your Output headshots. We do not use it to train AI models.

We do not use your biometric data to identify you in the real world or for any purpose outside of providing the Service. Your biometric data is stored only for as long as necessary to fulfill these purposes or as required by law, and is deleted according to our Privacy Policy data retention schedule.

You represent that you have the legal right to provide this consent for yourself and any other person whose photos you upload.

8. AI Processing and Output Disclaimers

8.1 AI-Generated Outputs and Limitations

Outputs are generated by AI. You understand and agree that Outputs may contain errors, inaccuracies, distortions, or visual artifacts (e.g., unusual hands, jewelry, teeth, text, backgrounds, or asymmetry), or fail to match your preferences.

8.2 No Guarantee of Professional Suitability or Outcome

We do not guarantee that Outputs will be "professional," "studio-quality," or suitable for any particular platform; accepted by an employer; or in any specific style.

8.3 Not for Government ID or Regulated Uses

The Service is not intended for government-issued identification, identity verification (KYC), or high-stakes legal/medical uses.

8.4 Changes to Processing

We may adjust prompts, models, or processing steps at any time without notice.

8.5 Accuracy and Personal Likeness Disclaimer

You acknowledge that the Service relies on probabilistic AI models. As a result, Outputs may not be a perfect or even a recognizable likeness of the subject. The AI may alter facial features, skin tone, hair, or body shape in ways that you find unsatisfactory or inaccurate. We make no warranty that the Output will be a "good" or "accurate" representation of you.

For details on how we handle personal data, see our privacy policy.

9. Your Content, Ownership, and Permissions

9.1 Your Responsibilities

You are responsible for:

• the Input you upload,
• ensuring you have rights and permissions to use it,
• and ensuring your use complies with these Terms and applicable law.

9.2 Ownership of Input and Output

As between you and us:

• you retain your rights in your Input (to the extent you have such rights), and
• you own the Output generated for you from your Input, to the extent permitted by law.

AI systems may generate similar outputs for other users. Your ownership does not prevent others from receiving similar or even highly similar outputs.

9.3 License You Grant Us to Provide the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and modify your Input only as necessary to:

• operate and provide the Service,
• generate Outputs,
• prevent abuse and maintain safety,
• comply with legal obligations, and
• enforce these Terms.

9.4 Optional Marketing Use

Unless you explicitly agree (for example, via a separate opt-in), we will not use your Input or Output in public marketing materials. If you do opt in, you grant us a limited license to use the agreed content for promotional purposes.

10. Intellectual Property

The Service (excluding your Input and your Output), including software, user interface, branding, logos, designs, and underlying systems, is owned by Honest Headshots or its licensors and is protected by intellectual property laws.

You receive only the limited rights expressly granted in these Terms. You may not use our trademarks without written permission.

11. Prohibited Conduct

In addition to Section 6, you agree not to:

• violate any law or regulation;
• harass, threaten, or harm others;
• attempt unauthorized access to systems or accounts;
• interfere with security or access controls;
• introduce malware; or
• assist others in violating these Terms.

12. Termination and Suspension

We may suspend or terminate your Account or access to the Service at any time if we believe you have violated these Terms, created risk or legal exposure, or engaged in fraud or abuse.

Upon termination:

• your right to use the Service ends immediately;
• we may delete or disable access to content and data as described in /privacy;
• Sections intended to survive (including IP, disclaimers, limitation of liability, indemnity, and dispute terms) will survive.

13. Copyright Policy and DMCA Notice Procedure

We respect intellectual property rights and expect you to do the same. It is our policy to respond to valid claims of copyright infringement.

13.1 DMCA Notices (Notice and Procedure for Copyright Infringement Claims)

If you believe that material on the Service infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. § 512(c)(3)):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work you claim has been infringed (and the URL or location of the original work, if available);
3. identification of the URL or specific location on the Service where the allegedly infringing material is located;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

You can send DMCA notices to our Copyright Agent at:

Email: [email protected]

Subject line: "DMCA Notice" (You may also contact us via /contact.)

13.2 Misrepresentations

You may be liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material is infringing.

13.3 Repeat Infringers

We may terminate accounts of users who are repeat infringers, in appropriate circumstances.

14. Third-Party Services

The Service may integrate with or link to third-party tools, sites, or services. We do not control third parties and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk.

15. Feedback

If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without compensation or attribution, unless prohibited by law.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• the Service will be uninterrupted, secure, or error-free,
• Outputs will be accurate or meet your needs,
• or defects will be corrected immediately (or at all).

You use the Service and Outputs at your own risk.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HONEST HEADSHOTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT, OR
• $100 USD.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless Honest Headshots and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• your use of the Service,
• your Input or use of Outputs,
• your violation of these Terms,
• or your violation of any law or third-party rights.

19. Governing Law and Venue

These Terms are governed by the laws of New York, United States, without regard to conflict-of-law principles.

You agree that disputes will be brought in the competent courts located in New York, United States, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

19.1 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HONEST HEADSHOTS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HONEST HEADSHOTS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of all parties to all such proceedings. If this Class Action Waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this subsection will not apply to those parts.

20. Changes to These Terms

We may update these Terms at any time, without prior notice. When we do, we will update the "Last Updated" date above, and the changes are effective as soon as they are posted. By continuing to use the Service after changes are posted, you agree to the updated Terms.

21. Severability and Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, restructuring, or asset sale.

22. Export Control and Sanctions Compliance

You represent and warrant that you are not:

• located in a country that is subject to a U.S. Government embargo (including, but not limited to, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions), or that has been designated by the U.S. Government as a "terrorist supporting" country; and
• listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable export and re-export control laws and regulations.

23. Contact Us

For support, refunds, appeals, or general questions, contact us at:

[email protected]

For DMCA notices:

[email protected]