PORTRAITIFY TERMS OF USE
Effective date: December 14, 2023
These Terms of Use provided by DeltaCortex LLC (“Company”, “we”, “us” or “our”).
These Terms of Use (these “Terms”) along with our Privacy Policy, being an integral part of these Terms (the “Privacy Policy”) apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application: Portraitify (“portraitify” or “application”) and Portraitify.org website (including subdomains).
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using Portraitify on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use Portraitify. Your continued Use of Portraitify will confirm your acceptance of these Terms.
If you have any questions about these Terms or Portraitify, please contact us via an email support@deltacortex.com (for additional contact information, please, see Section 22 of these Terms).
NOTE: Portraitify uses a Neural Network Model Stable Diffusion (including Stable Diffusion 1 and SDXL models) that allows users to generate images (“Portraits”). For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ.
There are certain restrictions to Using the generation feature – read more in Section 5.
We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.
We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Also, we expect and appreciate you observing the rules of Portraitify Use listed in Section 5 of these Terms.
1. DESCRIPTION OF SERVICES
Portraitify is an application based software that uses artificial intelligence algorithms to edit, modify and transform your photos and videos. The application allows you to (a) upload photos and videos onto application; (b) edit and modify uploaded photos and videos. Any photos or videos you submit through Portraitify mobile application are governed by Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the application . We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of application or any particular features will be done on our sole discretion.
2. ELIGIBILITY
General age limitation.
You must be at least 18 years old in order to Use Portraitify. We do not allow Use of Portraitify by EEA individuals younger than 18 years old.
If you are a parent or guardian and believe we have collected information from your child who is under the age of 18, please contact us (for contact information, please see Section 22: How to Contact Us).
3. USER ACCOUNTS AND ACCOUNT SECURITY
Certain Portraitify features or functionalities may require you to register an account with us (“Account”). By creating an Account, you agree to:
* provide accurate, current, and complete information for your Account
* maintain and promptly update, as necessary, your Account information
* maintain the security of your Account login information
be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and immediately notify us if you discover or otherwise suspect any security breaches related to your Account.
You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
4. PRIVACY
Please refer to our Privacy Policy for information about how we process and share information about you when you Use Portraitify. You acknowledge and agree that your Use of Portraitify is subject to our Privacy Policy.
5. USER CONTENT
We want you to enjoy the functionality of Portraitify seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
Therefore, solely for the purposes of operating or improving Portraitify, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating Portraitify or if otherwise implied by the Using of Portraitify and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from Portraitify’s library or by terminating your account.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.
You represent and warrant that:
* you own the User Content edited and adjusted by you on or through Portaitify or otherwise have the right to grant the rights and licenses set forth in these Terms
* you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Portraitify and warrant to us that any usage of third-party User Content is cleared by you with the respective rightholder
* if the User Content depicts third parties, you have received all the necessary consents form them to upload their photos to Portraitify, and
* you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Portraitify harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
We will not be liable to you for any modification, suspension or discontinuation of Portraitify, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).
6. PROHIBITED CONDUCT AND CONTENT
You represent, warrant and agree that you will not Use Portraitify by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
* To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct
* In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Portraitify or that could damage, disable, overburden or impair the functioning of Portraitify in any manner.
* To decipher, decompile, disassemble or reverse engineer any aspect of Portraitify (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Portraitify.
* To circumvent any content-filtering techniques we employ or to access any feature or area of Portraitify that you are not authorized to access.
* To develop or to use any third-party applications that interact with Portraitify without our prior written consent, including any scripts designed to scrape or extract data from our application / website.
* To display, mirror or frame Portraitify, or any individual element within Portraitify, the Company’s name, app / website name, any Company trademark, logo or other proprietary information without our express written consent.
* To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
* To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to Portraitify.
* To copy, modify, host, stream, sublicense, or resell Portraitify, or otherwise Use Portraitify for any commercial purposes (this excludes selling your User Content).
* For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
* To violate any applicable law or regulation.
* To encourage, assist or enable any other party to do any of the foregoing.
Use of Portraits.
Portraitify gives you the ability to use AI as a tool to create Portraits, and we claim no rights in the Portraits you generate through our AI.
You are the one to decide how to use the generated Portraits further, and you are the one accountable for their use. You must ensure that the way you are using your Portraits is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation. If you are unsure that your intended use of the Portraits would be legal, we advise you to err on the side of caution, especially if using for commercial purposes.
Due to the fact that we use Stable Diffusion AI technologies in Portraitify for creation of the Portraits, you additionally represent, warrant and agree that you will not Use Portraits feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
* In any way that violates any applicable national, federal, state, local or international law or regulation;
* For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
* To generate or disseminate verifiably false information and/or content with the purpose of harming others;
* To generate or disseminate personal identifiable information that can be used to harm an individual;
* To defame, disparage or otherwise harass others;
* For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
* For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
* To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
* For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
* To provide medical advice and medical results interpretation;
* To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to:
Monitor your Use of Portraitify to ensure compliance with these Terms, and to comply with applicable law or other legal requirements
To investigate violations of these Terms or conduct that affects Portraitify
To consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
To, in our discretion and at any time, suspend or discontinue Portraitify, introduce new features or impose limitations on certain features, or restrict access to Portraitify.
7.LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Comment: Everything you read below in section 7 is NOT about your User Content.
Portraitify and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content (as defined below)), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in Portraitify, excluding your User Content (collectively, “Portraitify Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to Portraitify and Portraitify Content.
Your use of the Portraitify Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Portraitify and the Portraitify Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
* sell, resell or commercially use Portraitify or the Portraitify Content
* copy, reproduce, distribute, publicly perform or publicly display the Portraitify Content, except as expressly permitted by us or our licensors
* modify the Portraitify Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Portraitify or the Portraitify Content, except as expressly set forth in these Terms and the Supplemental Terms
* use any data mining, robots or similar data gathering or extraction methods, or
* Use Portraitify or the Portraitify Content other than as expressly provided in these Terms and the Supplemental Terms.
* Any Use of Portraitify or the Portraitify Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Portraitify Content.
9. COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:
Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Portraitify, a representative list of such works.
Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on Portraitify (including the provision of links thereto).
Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
A statement by you, 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 copyright owner’s behalf.
Our address to receive the DMCA Notices is:
Copyright Agent DeltaCortex LLC
Address: Kyiv, Ukraine, Yaroslaviv 13/2 B, 10135
E-Mail Address: support@deltacortex.com
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within Portraitify is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
10. FEEDBACK
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Portraitify (collectively, “Feedback”). You can submit Feedback by contacting us at support@deltacortex.com or otherwise (for addtional contact details, please, see Section 22 of these Terms “How to Contact Us”), or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Portraitify’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
11. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of Portraitify; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Portraitify. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
12. DISCLAIMERS
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content linked to Portraitify. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of Portraitify is at your sole risk. Portraitify is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Portraitify is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Portraitify within your Use.
Portraits feature uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by Portraitify, and therefore these Portraits in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Magic Portraits feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Portraits.
13. LIMITATION OF LIABILITY
The Company, as well as Company’s representatives or affiliates (the “Company Parties”) will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Portraitify, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Portraitify. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use Portraitify exceed the amounts you have paid to Use Portraitify or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
14. RELEASE
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
16. GOVERNING LAW AND VENUE
These Terms and your Use of Portraitify will be governed by, construed and enforced in accordance with the laws of the Ukraine, without regard to conflict of law rules or principles (whether of Ukraine or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and the Company will be resolved in the courts of Ukraine. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.
These Terms and conditions constitute an agreement between the User and the Company, and it is considered a public offer in accordance with the current legislation and laws of Ukraine, holding proper legal force.
17. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes which might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using Portraitify. Your continued Use of Portraitify after we provide the notice will imply your acceptance of those changes.
18. ELECTRONIC COMMUNICATIONS
By Using Portraitify, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on Portraitify. The communications between you and us may take place via electronic means, whether you Use Portraitify or send us emails, or whether we post notices on Portraitify or communicate with you via email. These communications may include notices about Portraitify and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of Portraitify (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of Portraitify and their scope, prices of in-app subscriptions).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
* by following the opt-out links in any promotional email sent to you; or
* through Portraitify settings on your mobile device; or
* by contacting us at any time at support@deltacortex.com
You may opt-out of push notifications by changing the settings on your mobile device.
19. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to Use Portraitify. We are not responsible for any loss or harm related to your inability to Use Portraitify. Upon any termination, discontinuation or cancellation of Portraitify, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
20. EXPORT AND REGULATIONS CONTROL
You agree to comply with all Ukraine and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Portraitify under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
21. COMPANY DATA
DeltaCortex LLC (EDRPOU: 41040013)
Address: Kyiv, Ukraine, Yaroslaviv 13/2 B, 10135
E-Mail Address: support@deltacortex.com
22. HOW TO CONTACT US
If you have any questions, complaints or claims with respect to these Terms or Portraitify, please contact us via email at support@deltacortex.com
23. MISCELLANEOUS
These Terms constitute the entire agreement between you and us relating to Portraitify and your Use of Portraitify, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Portraitify and your Use of Portraitify.
The language of these Terms is the English and Ukrainian languages only in identical text.
You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.
The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution;), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.
You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
24. ATTACHMENTS
Attachment A is available by the next URL-address:
https://github.com/CompVis/stable-diffusion/blob/main/LICENSE
Privacy policy is available by the next URL-address
https://portraitify.org/privacy.html