AI Headshot Generator

yAI LLC, operating under the name yAI, provides artificial intelligence headshot technologies and related services to users, contingent upon acceptance of these Terms of Service and all associated policies.

Thank you for your interest in yAI, operating as yAI ("yAI," "we," or "us") and our website, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and yAI regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY ACCESSING OR USING THE SERVICE, INCLUDING DOWNLOADING OR INSTALLING ANY RELATED APPLICATIONS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING YAI'S PRIVACY POLICY. IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS OR DISAGREE WITH ANY PART OF THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES AN AGREEMENT BETWEEN YOU AND YAI TO ADHERE TO THESE TERMS.

ARBITRATION NOTICE. Except for specific disputes outlined in Section 17, you agree that any disputes arising under these Terms will be resolved through binding, individual arbitration. BY ACCEPTING THESE TERMS, BOTH YOU AND YAI WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. yAI Service Overview

yAI is a company specializing in creating realistic artificial intelligence ("AI") generated headshot images of real individuals. Users can upload their images to the Service, which the AI Headshot Generator (the "AI Headshot Generator") will use to produce AI generated Headshots (the "AI Headshots"). Users can select from various backgrounds, poses, and styles to create their ideal headshot.

2. Eligibility

To use the Service, you must be at least 18 years old. By agreeing to these Terms, you affirm that you meet this age requirement, have not been previously suspended or removed from the Service, and that your use of the Service complies with all applicable laws and regulations. If you are acting on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Accounts and Registration

To access most features of the Service, you must connect to the Service through a third-party account (e.g., Facebook or Google) (each, a "Third-Party Account"). When you connect a Third-Party Account to the Service, you are submitting to yAI your login credentials for such Third-Party Account ("Third-Party Account Credentials"). By providing yAI with your Third-Party Account Credentials, you are authorizing yAI to act on your behalf to retrieve information from the applicable Third-Party Account for purposes of providing the Service under these Terms. You are responsible for ensuring that your Third-Party Account Credentials have been shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under yAI's control and yAI is not responsible for any actions taken by third parties in connection with your sharing of Third-Party Account Credentials.

Personal Identifiable Information

yAI may ask and use personally identifiable information which may include, but is not limited to: (a) email address, (b) address, state, province, ZIP/postal code, city, (c) cookies, access and usage data. Usage data may include your computer's Internet Protocol address (IP address), browser type, browser version, etc.

4. Payment Terms

4.1 Payment Requirements

Using the Service requires payment of fees, which are non-refundable except as required by law. You will have the opportunity to review and accept the fees before payment. All fees are in U.S. Dollars.

4.2 Price

yAI reserves the right to set and update pricing for the Service. Users are encouraged to check the pricing page periodically for current information. yAI may change fees for any feature of the Service, including additional fees or charges, with advance notice. Promotional offers with different features and pricing may be made at yAI's discretion and will not apply to your offer unless specifically addressed to you.

4.3 Authorization

You authorize yAI to charge all sums for orders and any tier of Service you select, including applicable taxes, to the payment method specified in your account. yAI may seek pre-authorization of your credit card account to ensure validity and availability of funds.

4.4 Unpaid Accounts

yAI may suspend or terminate access to the Service for any account with unpaid amounts. Delinquent accounts may incur additional fees related to chargebacks or collection efforts. If your payment method is invalid at the time a fee is due, yAI reserves the right to delete your account and any associated information or User Content without liability.

4.5 Refunds

Refunds are not available. If the Service does not meet the customer's expectations due to technical issues or discrepancies in the quality of the AI-generated headshots, customers are encouraged to contact yAI's customer support within a 14-day period. After a review of the service usage, the issues encountered, and the customer's complaints, yAI will continuously work with the customer to produce AI Headshots that are satisfactory to the customer. All refund requests should be directed to yAI's customer support via email, including detailed reasons for the request and any relevant documentation or evidence of the complaints.

5. Licenses

5.1 Limited License

Subject to your compliance with these Terms, yAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal and commercial purposes.

5.2 AI Headshots

yAI will use your User Content to generate AI Headshots. Subject to your compliance with these Terms, yAI assigns to you all rights, title, and interest in the AI Headshots resulting from your use of the Service. The AI Headshot Generator may provide similar AI Headshots to other users, and yAI's assignment to you does not apply to AI Headshots resulting from other users' use of the Service. You agree that yAI may use AI Headshots to provide, maintain, develop, protect, and improve the Service or other products and services, comply with applicable law, and enforce these Terms. You are solely responsible for your use of any AI Headshots.

5.3 License Restrictions

Except where prohibited by law, you may not reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; make modifications to the Service; or interfere with or circumvent any feature of the Service, including security or access control mechanisms. If you are prohibited by law from using the Service, you are not allowed to use it.

5.4 Feedback

If you provide feedback ("Feedback") regarding the Service, you grant yAI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the feedback in any manner and for any purpose, including improving the Service and creating other products and services. yAI is not obligated to provide attribution or compensation for any feedback you provide.

6. Ownership and Proprietary Rights

The Service is owned and operated by yAI. The AI Headshot Generator, visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service ("Materials") provided by yAI are protected by intellectual property and other laws. Materials exclude AI Headshots resulting from your use of the Service, which are owned by you. All Materials included in the Service are the property of yAI or its third-party licensors. Except as expressly authorized by yAI, you may not use the Materials. There are no implied licenses in these Terms, and yAI reserves all rights to the Materials not expressly granted.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites

yAI may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you hereby authorize that yAI to transfer that information to the applicable third-party service. Third-party services are not under yAI's control, and, to the fullest extent permitted by law, yAI is not responsible for any third-party service's use of your exported information.

7.2 Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. User Content

8.1 User Content Generally

Certain features of the Service allow users to submit, upload, publish, broadcast, or otherwise transmit content ("Post"), including messages, reviews, photos, images, folders, data, text, and other works ("User Content"). You retain any copyright and other proprietary rights in the User Content you post to the Service, subject to the licenses granted in these Terms. User Content is temporarily stored for processing.

8.2 Limited License Grant to yAI

By Posting User Content to or via the Service, you grant yAI a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.

8.3 Rules Regarding Photographs and Images

If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal and commercial use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

9. Communications

We will send you emails with the link to access and download the AI Headshots for your personal use. We may also send you emails about our products and services. You may opt out of such promotional emails by following the unsubscribe instructions at the bottom of the promotional email. We may use your Personal Data to contact you with materials and information that may be of interest to you.

10. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by yAI;
interfere with security-related features of the Service;
interfere with the operation of the Service or any user's enjoyment of the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

11. Intellectual Property Rights Protection

yAI respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. No Infringing activity will be tolerated on or through the Service. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended).

12. Modification of Terms

yAI may change these Terms at any time. Revisions are effective immediately, except for existing users, where material revisions are effective 30 days after posting or notice. You may need to accept modified Terms to continue using the Service. If you disagree with the modified Terms, you should discontinue use of the Service.

13. Term, Termination, and Modification of the Service

If you violate any provision of these Terms, yAI reserves the right to terminate your authorization to access the Service and these Terms, effective immediately upon notice to you. Furthermore, yAI may, in its sole and absolute discretion, terminate these Terms or your account on the Service, or suspend or restrict your access to the Service, for any reason whatsoever, including but not limited to violations of these Terms, fraudulent or illegal use, or compliance with applicable law.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify yAI, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "yAI Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms; (3) your violation of any third-party right; or (4) any dispute or issue between you and any third party.

15. Disclaimers; No Warranties by yAI

IMPORTANT WARRANTY DISCLAIMER:

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. yAI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE.

yAI USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TO PROVIDE THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE TECHNOLOGY USED BY yAI TO PROVIDE THE SERVICE IS EXPERIMENTAL, RAPIDLY EVOLVING, AND SUBJECT TO UNEXPECTED OUTPUTS AND RESULTS. THE AI HEADSHOT GENERATOR MAY PROVIDE RESULTS THAT CONTAIN ERRORS, OMISSIONS, OR DO NOT ACCURATELY REFLECT PEOPLE OR FACTS.

16. Limitation of Liability

LIABILITY LIMITATIONS:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE yAI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE.

THE AGGREGATE LIABILITY OF THE yAI ENTITIES TO YOU FOR ALL CLAIMS IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO yAI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

17. Dispute Resolution and Arbitration

ARBITRATION AGREEMENT:

Except as described in the exceptions section, you and yAI agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND yAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This arbitration agreement is subject to Massachusetts law and will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Rules applicable to consumer disputes as modified by these Terms.

18. Miscellaneous

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and yAI regarding your use of the Service. These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. You and yAI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Boston, Massachusetts for resolution of any lawsuit or court proceeding permitted under these Terms.

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Contact Support

For questions about these Terms & Conditions, please contact our support team.