Terms and Conditions

Last Updated: 12 July 2025

1. Introduction and Acceptance

By accessing or using SmartHeadshots.ai ("Service", "Platform", "We", "Us", "Our"), operated by SmartHeadshots.ai, Gujarat, India, you ("User", "You", "Your") agree to be bound by these Terms and Conditions ("Terms", "Agreement"). If you do not agree to these Terms, you must not use our Service.

2. Eligibility and Age Requirements

2.1 Age Restrictions

  • You must be at least 18 years old or the age of majority in your jurisdiction to use our Service. By using the Service, you represent and warrant that you meet this age requirement. If you are assisting a minor in using the Service, you must be their parent or legal guardian, agree to these Terms on their behalf, and are solely responsible for their use of the Service.

2.2 Capacity

  • You represent that you have the legal capacity to enter into this Agreement and comply with its terms.

3. Service Description

3.1 AI Headshot Generation

  • SmartHeadshots.ai provides AI-powered professional headshot generation services using uploaded photographs to create professional-style headshots. While we strive for high-quality results, the output is dependent on the quality of uploaded images and the inherent nature of AI generation.

3.2 Service Plans

  • We offer various one-time purchase plans with different features and limitations as described on our pricing page.

3.3 Service Availability

  • Service availability may vary by jurisdiction
  • We reserve the right to refuse service to any user or jurisdiction
  • Features may be modified, suspended, or discontinued at any time

4. User Accounts and Registration

4.1 Account Creation

  • You must provide accurate, complete, and current information during registration and maintain the accuracy of this information.

4.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You agree to notify us immediately of any unauthorized access
  • We are not liable for losses resulting from unauthorized account access

4.3 Account Termination

  • We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities at our sole discretion, with or without notice, though we will endeavor to provide notice where feasible.

5. Content and Usage Rights

5.1 User Content

  • You retain ownership of photos you upload ("User Content")
  • You grant us a limited license to process User Content for service provision
  • You represent that you own or have permission to use all uploaded content

5.2 Generated Content

  • You retain full commercial rights to AI-generated headshots
  • Generated content is provided "as-is" without warranties
  • We retain no rights to your generated headshots after downloaded by you.

5.3 Content Restrictions

  • You agree not to upload content that:
    • Contains nudity, inappropriate, or offensive material
    • Infringes on third-party intellectual property rights
    • Depicts individuals without their explicit consent
    • Violates any applicable laws or regulations

6. Prohibited Uses and User Conduct

6.1 Prohibited Activities

  • You agree not to:
    • Create deepfakes, misleading, or deceptive content
    • Impersonate others or create fake identities
    • Use the service for illegal purposes
    • Attempt to bypass or manipulate our systems
    • Reverse engineer or copy our technology
    • Violate any applicable laws or third-party rights
    • Upload viruses, malware, or harmful code
    • Interfere with service operation or other users' access

6.2 Enforcement

  • Violation of these restrictions may result in immediate account termination and legal action.

7. Data Retention and Deletion

7.1 User Uploaded Images

  • Your uploaded photos are automatically deleted from our servers within 7 days of upload.

7.2 Generated Content and AI Models

  • Generated headshots and associated AI models are deleted within 30 days of creation.

7.3 Account Data

7.4 Instant Deletion

  • You may request immediate deletion of your data by contacting our support team.

8. Payment Terms

8.1 Pricing

  • Current pricing is displayed on our website and may change without notice. As we continue to improve our AI technology and expand our offerings, prices may increase.

8.2 Payment Processing

  • Payments are processed through Dodo Payments and subject to their terms of service.

8.3 Price Changes

  • We reserve the right to modify pricing.

8.4 Taxes

  • You are responsible for all applicable taxes related to your purchase.

8.5 Termination

  • We reserve the right to refuse or cancel your purchase or account at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or an unauthorized or illegal transaction, or violation of these Terms.

8.6 Representations and Warranties

  • By making a purchase, you represent and warrant that: (i) you have the legal right to use any payment method(s) utilized in connection with any purchase; and (ii) the information you supply to us (including payment and billing information) is true, correct, and complete.

9. Refunds

  • Refunds are governed by our separate Refund Policy, incorporated herein by reference.

10. Intellectual Property

10.1 Our Rights

  • SmartHeadshots.ai, our technology, algorithms, and platform remain our exclusive property.

10.2 License to Use

  • We grant you a limited, non-exclusive, non-transferable license to use our Service per these Terms.

10.3 Infringement Claims

  • We respect intellectual property rights and will respond to valid infringement claims per applicable law.

11. Privacy and Data Protection

11.1 Privacy Policy

  • Your privacy is governed by our Privacy Policy, incorporated herein by reference.

11.2 International Compliance

  • EU users are subject to GDPR protections
  • California residents have rights under CCPA

12. Disclaimers and Warranties

12.1 Service Provision

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

12.2 No Warranties

  • We disclaim all warranties including but not limited to:
    • Merchantability, fitness for particular purpose
    • Non-infringement, security, reliability
    • Accuracy, completeness, or timeliness
    • Uninterrupted or error-free operation

12.3 Results Disclaimer

  • While we strive for high-quality results, we cannot guarantee satisfaction with generated headshots or that they will meet your specific requirements.

13. Limitation of Liability

13.1 Liability Cap

  • OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF INR 10,000 OR THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

13.2 Excluded Damages

  • WE SHALL NOT BE LIABLE FOR:
    • Indirect, special, incidental, punitive, or consequential damages
    • Loss of profits, revenue, data, or business opportunities
    • Cost of substitute goods or services
    • Personal injury or property damage

13.3 Business Losses

We specifically disclaim liability for any business-related losses, including but not limited to lost profits, business interruption, or commercial damages.

14. Indemnification

  • You agree to indemnify, defend, and hold harmless SmartHeadshots.ai, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
    • Your use of the Service
    • Your violation of these Terms
    • Your violation of third-party rights
    • Content you upload or generate

15. Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

16. Dispute Resolution

16.1 Governing Law These Terms are governed by the laws of Gujarat, India, without regard to conflict of law principles.

16.2 Jurisdiction Any disputes shall be resolved exclusively in the courts of Gujarat, India.

16.3 Arbitration We hope to resolve any disagreements amicably. If you have an issue, please contact us first at support@smartheadshots.ai. If we cannot resolve a dispute through direct discussion, we agree to explore mediation before pursuing other legal avenues. Any unresolved disputes arising out of or related to these Terms or the Service shall be governed by the laws of Gujarat, India, and subject to the exclusive jurisdiction of the courts located in Gujarat, India.

16.4 Class Action Waiver You waive any right to participate in class action lawsuits or class-wide arbitration against us.

17. General Provisions

17.1 Entire Agreement These Terms constitute the entire agreement between you and SmartHeadshots.ai regarding the Service.

17.2 Severability If any provision is found unenforceable, the remainder shall remain in full force and effect.

17.3 Assignment You may not assign these Terms without our written consent. We may assign these Terms without restriction. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

17.4 Modification We may modify these Terms at any time by posting updated terms on our website. Continued use constitutes acceptance of modifications.

17.5 No Waiver Our failure to enforce any provision does not constitute a waiver of that provision.

17.6 Feedback:

  • If you provide us with any ideas, suggestions, comments, or other feedback relating to the Service ("Feedback"), you acknowledge and agree that:
    1. you grant SmartHeadshots.ai a worldwide, royalty-free, irrevocable, perpetual, sublicensable, and unrestricted license to use, incorporate, and commercialize the Feedback in any way, for any purpose, without any obligation or compensation to you;
    2. we are not under any obligation of confidentiality with respect to the Feedback;
    3. we may already have similar ideas under consideration or in development;
    4. you will not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback.

18. Contact Information

For questions about these Terms, contact us at:

These Terms and Conditions are effective as of June 3, 2025