Effective Date: December 29, 2025
Last Updated: December 29, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PortraitAI ("Company," "we," "our," or "us") governing your access to and use of the myfamilyphotos.ai website and AI-powered family portrait generation service (collectively, the "Service"). By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must immediately cease using the Service.
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You may register using third-party authentication services (e.g., Google OAuth). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to (1) provide truthful and accurate information during registration, (2) promptly update your account information to maintain its accuracy, (3) maintain the security of your password and account, (4) immediately notify us of any unauthorized use of your account or security breach, and (5) accept responsibility for all activities conducted through your account, whether authorized or unauthorized.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or prolonged inactivity. Upon termination, your right to use the Service immediately ceases, and we may delete your account data in accordance with our Privacy Policy.
PortraitAI provides an AI-powered service that transforms user-uploaded photographs into professionally styled family portraits. Users upload images, select artistic themes and environmental settings, complete payment, and receive AI-generated portraits delivered to their account gallery.
The Service is provided "as is" and "as available." We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice or liability.
AI-generated portraits are created using machine learning algorithms and may not perfectly replicate professional photography. Results depend on the quality of uploaded images, selected settings, and AI model performance. We do not guarantee specific aesthetic outcomes, and generated portraits may vary in quality and accuracy.
You retain all ownership rights to photographs and images you upload to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and store your User Content solely for the purpose of providing the Service, including generating AI portraits and displaying them in your account gallery.
You agree not to upload User Content that (1) infringes intellectual property rights of third parties, (2) contains nudity, pornography, or sexually explicit material, (3) depicts minors in a manner that violates applicable laws, (4) contains hate speech, violence, or discriminatory content, (5) violates privacy rights or publicity rights of others, or (6) violates any applicable law or regulation.
We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable. We may terminate accounts of users who repeatedly upload prohibited content.
You own the AI-generated portraits created from your User Content. We grant you a perpetual, worldwide, royalty-free license to use, reproduce, distribute, display, and create derivative works from your generated portraits for personal and commercial purposes. We retain no ownership rights to your generated portraits, except as necessary to provide the Service.
The Service, including its design, software, algorithms, trademarks, logos, and content (excluding User Content and generated portraits), is owned by PortraitAI and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.
You agree not to:
Violate Laws: Use the Service in any manner that violates applicable federal, state, local, or international laws or regulations.
Infringe Rights: Upload content that infringes intellectual property, privacy, publicity, or other rights of third parties.
Impersonate Others: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
Interfere with Service: Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service.
Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service, other user accounts, or computer systems or networks connected to the Service.
Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service.
Automated Access: Use bots, scrapers, or automated tools to access the Service without our express written permission.
Resell Service: Resell, sublicense, or commercially exploit the Service without our express written permission.
Abuse AI Models: Attempt to manipulate, exploit, or abuse AI models, including by uploading adversarial inputs designed to produce harmful or inappropriate outputs.
Fraudulent Activity: Engage in fraudulent activity, including using stolen payment information or creating fake accounts.
Pricing for portrait generation services is displayed on the Service and is subject to change at any time without prior notice. All prices are in United States Dollars (USD) unless otherwise specified. Prices include all applicable taxes unless otherwise stated.
Payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge the specified amount to your payment method. You represent and warrant that you have the legal right to use the payment method provided.
Portrait generation services are sold as one-time purchases. Payment is due at the time of order. Once payment is confirmed, your order will be queued for processing, and AI generation will commence.
If payment fails or is declined, we reserve the right to cancel your order and deny access to generated portraits. You remain responsible for any amounts owed, plus any collection costs or legal fees incurred.
You are responsible for all applicable taxes, including sales, use, value-added, and other taxes, except for taxes based on our net income. If we are required to collect taxes, they will be added to your total purchase price.
Our Refund Policy is incorporated into these Terms by reference. Please review the Refund Policy for detailed information regarding refunds, cancellations, and disputes.
THE SERVICE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INCLUDING AI-GENERATED PORTRAITS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PORTRAITAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless PortraitAI, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to (1) your use of the Service, (2) your User Content, (3) your violation of these Terms, (4) your violation of any rights of third parties, or (5) your violation of any applicable laws or regulations. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.
Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within thirty (30) days.
If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or related to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Florida, and judgment on the arbitration award may be entered in any court having jurisdiction.
YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notwithstanding the arbitration agreement, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or unauthorized use of the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.
We reserve the right to modify these Terms at any time, in our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Service. We will provide notice of material changes via email or prominent notice on the Service. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must cease using the Service.
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PortraitAI regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of PortraitAI.
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
All notices required or permitted under these Terms shall be in writing and delivered via email to the address associated with your account or to [email protected] for notices to us. Notices shall be deemed given upon receipt.
These Terms do not create any third-party beneficiary rights except as expressly stated herein.
If you have questions or concerns regarding these Terms, please contact us:
Email: [email protected]
Acknowledgment: By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.