Terms of Service

1. Introduction

Welcome to PitchPhoto ("PitchPhoto", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website and services (collectively, the "Service") located at https://pitchphoto.com.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Service Description

PitchPhoto provides an AI-powered service for generating professional headshot photographs from user-submitted selfies. Our Service allows you to:

• Upload reference selfies and have AI-generated professional headshots created from them.
• Select from preset styles, attires, and backgrounds tuned for LinkedIn and similar professional use.
• Download generated headshots, including cropped variants for common ID and résumé specifications.
• Purchase credits used to pay for each generated headshot.

2a. Photo Upload License and Your Likeness

By uploading photos, you represent that you are the person shown in those photos, or that you have explicit permission from every person whose likeness appears in them, and that uploading the photos to PitchPhoto does not violate any third party's rights.

You grant PitchPhoto a limited, non-exclusive, royalty-free license to process your uploaded photos solely to generate the headshots you request, and to store the generated headshots in your account. We will not use your uploads to train shared or third-party AI models, and we will not display, license, or sell your photos (uploaded or generated) without your explicit consent.

Generated headshots are licensed back to you for any lawful personal or commercial use, including but not limited to LinkedIn, résumés, professional websites, conference badges, and corporate directories.

3. User Accounts

To access certain features of our Service, you may be required to create an account. When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Promptly update your account information to keep it accurate
• Accept all risks of unauthorized access to your account
• Be at least 18 years old or the age of legal consent in your jurisdiction

You are responsible for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Acceptable Use

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe upon the rights of others
• Upload or transmit viruses or malicious code
• Engage in any activity that disrupts or interferes with the Service
• Attempt to gain unauthorized access to any portion of the Service
• Harass, abuse, or harm another person
• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws in your jurisdiction

4.1 Prohibited Content

Because the Service generates AI images of real people from photos you upload, the following are strictly prohibited. You agree NOT to use the Service to generate, request, upload, or attempt to generate:

• NSFW, adult, pornographic, nude, or sexually explicit or suggestive content of any kind
• Images of any person without that person's explicit consent, including uploading photos of someone who is not you
• Any sexual, suggestive, or exploitative imagery of minors, or content depicting anyone who is or appears to be under 18
• Deepfakes, impersonation, or misleading content intended to defame, harass, deceive, or damage the reputation of any person
• Content that promotes violence, hatred, harassment, or discrimination against individuals or groups
• Content that violates the intellectual property, privacy, or publicity rights of others

You represent and warrant that you have all necessary rights and consents to the photos you upload and that you are the person depicted, or have obtained the depicted person's explicit permission.

4.2 Content Moderation

We use automated content moderation to screen generation requests and may screen uploaded images. Requests that violate this Acceptable Use Policy may be blocked, and we may suspend or terminate accounts that attempt to generate prohibited content. We cooperate with law enforcement where required by law.

5. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of PitchPhoto and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with operating and providing the Service.

6. Payment Terms

If you purchase any services from us, you agree to pay all applicable fees as described at the time of purchase. All payments are:

• Processed through secure third-party payment providers
• Subject to the payment provider's terms and conditions
• Non-refundable except as required by law or as explicitly stated in our Refund Policy
• Subject to applicable taxes which you are responsible for

7. Disclaimers and Limitations of Liability

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

IN NO EVENT SHALL PITCHPHOTO (OPERATED BY GUILICHENG), ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8. Indemnification

You agree to defend, indemnify, and hold harmless PitchPhoto and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination.

10. Privacy Policy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in the State of Delaware, USA.

13. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: guilicheng613@gmail.com
• Website: https://pitchphoto.com
• Operator: Guilicheng (sole proprietor)
• Address: Konka Building, Nanshan District, Shenzhen, China