Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the ProfileUpgraded website located at profileupgraded.com and all related services, features, and content provided by ProfileUpgraded ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

2. Service Description

ProfileUpgraded is an AI-powered photo enhancement and transformation tool that converts ordinary photos into professional-quality images. Our service uses artificial intelligence to generate various styles of portraits including headshots, half-body shots, and full-body images suitable for professional branding, social media, dating profiles, and personal use.

Service Delivery: Upon completion of your photo enhancement, we will send you an email notification containing secure download links to access your enhanced images. This email will be sent to the email address you provide during the ordering process.

3. Age Requirements and Eligibility

By using our services, you confirm that:

• You are 18 years of age or older.
• You have the legal capacity to enter into binding agreements.
• Your use of our services complies with all applicable laws and regulations.
• Any photos you upload do not contain minors or anyone below 18 years of age.

4. Photo Upload Requirements and Consent

When uploading photos to our service, you represent and warrant that:

• You have full right, title, and ownership of all photos you upload.
• You have obtained all necessary rights, licenses, and permissions to upload and use the photos.
• If other people appear in your photos, you have obtained their explicit written consent for their photos to be processed and used by our AI service.
• No person appearing in the uploaded photos is a minor (under 18 years of age).
• You grant us permission to process, analyze, and enhance your photos using our AI technology for the sole purpose of providing our services to you.

5. Prohibited Uses

You agree not to use our services for any unlawful or prohibited purposes, including but not limited to:

• Criminal activities or any illegal activities whatsoever.
• Harmful, threatening, abusive, or harassing content.
• Creating deepfakes or misleading content intended to deceive others.
• Generating images for fraudulent purposes or identity theft.
• Creating content that violates intellectual property rights of others.
• Uploading photos containing nudity, sexually explicit content, or inappropriate material.
• Creating content that promotes violence, hate speech, or discrimination.
• Using our services to impersonate another person without consent.
• Attempting to reverse engineer or compromise our AI technology.
• Uploading malicious code, viruses, or any harmful software.

6. Privacy and Data Usage

By using our services, you consent to:

• The processing of your uploaded photos by our AI algorithms for enhancement purposes.
• Temporary storage of your photos on our secure servers during processing.
• Receiving email notifications from us containing download links to access your enhanced images, sent to the email address you provide during the ordering process.
• Our Privacy Policy, which details how we handle, store, and protect your personal information and photos.

We are committed to protecting your privacy and will only use your photos for the purpose of providing our AI enhancement services to you.

7. Intellectual Property Rights

You retain ownership of your original uploaded photos. However, by using our services:

• You grant us a limited, non-exclusive license to process your photos using our AI technology.
• The enhanced/generated images become your property upon completion of processing.
• Our AI technology, algorithms, software, and platform remain our exclusive intellectual property.
• You may not copy, reproduce, or attempt to replicate our proprietary AI technology.

8. Service Availability and Quality

While we strive to provide high-quality services:

• We cannot guarantee that our services will be available 24/7 without interruption.
• Processing times may vary based on server load and image complexity.
• AI-generated results may vary and are not guaranteed to meet specific expectations.
• AI-generated images may contain unexpected or unintended elements, symbols, modifications, or content that we cannot predict or control.
• We do not guarantee the accuracy, appropriateness, safety, or quality of AI-generated results.
• AI processing may occasionally produce images with unintended content including but not limited to inappropriate imagery, controversial symbols, or other unexpected modifications, and we are not responsible for such outcomes.
• We reserve the right to refuse service or remove content that violates these Terms.

9. Limitation of Liability

To the fullest extent permitted by law:

• We disclaim all warranties, express or implied, regarding our services.
• We are not responsible for any damage, loss, or harm resulting from the use of our AI-generated images.
• We are not responsible for any unexpected, inappropriate, or unintended content that may appear in AI-generated images, including but not limited to controversial elements, symbols, or modifications.
• We are not liable for any business losses, lost profits, or consequential damages.
• Our total liability to you shall not exceed the amount you paid for our services.
• We are not responsible for how, where, or in what context you choose to use, display, distribute, or share the generated images.
• You are solely responsible for ensuring your use of generated images complies with all applicable laws, regulations, and platform policies.
• You are solely responsible for the appropriateness and consequences of using generated images in any professional, personal, or commercial context.
• We are not liable for any misuse of our services by third parties.

10. Indemnification

You agree to indemnify and hold harmless ProfileUpgraded, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms of Service.
• Your use of our services or generated images.
• Your violation of any third-party rights, including intellectual property rights.
• Any false representations made by you regarding photo ownership or consent.

11. Termination

We reserve the right to:

• Terminate or suspend your access to our services at any time for violation of these Terms.
• Remove or delete any content that violates our policies.
• Modify or discontinue our services with or without notice.

You may terminate your use of our services at any time by ceasing to access our platform.

12. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration or in courts of competent jurisdiction.

14. Severability

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

15. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and ProfileUpgraded regarding your use of our services.