Bettershot Terms of Service
Last Updated: October 10th, 2024
These Terms of Service (the “Terms”) govern your use of the services provided by Bettershot LLC (“Bettershot,” “we,” “us,” or “our”), including any content, functionality, and services offered through our website (the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Services.
1. Eligibility
By using our Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms and abide by them. The Services are available to users worldwide, subject to compliance with local laws and regulations.
2. User Accounts
To access the Services, you must create an account by providing a username and password or by utilizing the Google Single Sign-On (“SSO”) option. You agree to provide accurate, current, and complete information during the registration process, including but not limited to your name, email address, age, ethnicity, eye color, and sex. You are solely responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security related to your account.
All personal information collected by Bettershot is stored securely and treated in accordance with our Privacy Policy, which can be accessed here: https://bettershot-ai/privacy-policy
3. Content Ownership and License
You retain full ownership of the images you upload to the Services, as well as the headshots generated by Bettershot using those uploaded images. By submitting images and utilizing our Services, you hereby grant Bettershot a non-exclusive, worldwide, royalty-free license to use your AI-generated headshots solely for marketing purposes, subject to obtaining your explicit consent prior to such use. Bettershot does not claim ownership of the images or generated headshots.
4. Payments and Refund Policy
All payments for Services must be made in advance, prior to any image upload. Payment transactions are processed through Stripe, a third-party payment processor. By using Stripe, you agree to comply with Stripe’s terms of service and privacy policy. Bettershot does not have access to, nor do we store, any payment information.
Bettershot offers a thirty (30) day satisfaction guarantee. If you are not satisfied with the generated headshots, you may request a refund within thirty (30) days of the purchase date, subject to our discretion and any applicable terms set forth herein.
5. Intellectual Property Rights
Bettershot retains all right, title, and interest in and to its proprietary AI models, software, algorithms, and any associated materials used to provide the Services. These proprietary tools are not shared or disclosed to users. You agree not to attempt to access or reverse engineer any of Bettershot’s proprietary systems, methods, or models. All rights not expressly granted to you under these Terms are reserved by Bettershot.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Bettershot, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or in connection with your use of the Services, including, but not limited to, loss of data, images, revenue, or profits, whether or not Bettershot has been advised of the possibility of such damages.
Bettershot shall not be held liable for any damages resulting from any security breach, data breach, unauthorized access, or unauthorized use of your personal information or images, except as required by applicable law. In no event shall Bettershot’s total liability to you for any claims arising from your use of the Services exceed the amount you paid to Bettershot for the applicable Services.
7. Prohibited Uses
You agree not to use the Services to:
a. Upload images containing nudity, violence, or any other inappropriate content;
b. Create offensive or defamatory content using the generated headshots;
c. Create AI-generated headshots for individuals other than yourself without their express permission;
d. Engage in any activity that violates any applicable law, regulation, or these Terms.
We reserve the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you have engaged in any prohibited conduct.
8. Suspension and Termination of Services
Bettershot may, at its sole discretion, suspend or terminate your access to the Services for any reason, including, but not limited to, your violation of these Terms, improper use of the Services, or unlawful conduct. Such suspension or termination may occur without prior notice and without any liability to you.
9. Modifications to the Terms
Bettershot reserves the right to modify or amend these Terms at any time. If we make material changes to these Terms, we will notify you via email. Your continued use of the Services after the effective date of such modifications constitutes your acceptance of the revised Terms.
10. Dispute Resolution and Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration under the rules of the American Arbitration Association (“AAA”). Any arbitration shall take place in Colorado, USA, and shall be governed by the laws of the State of Colorado, without regard to its conflict of laws principles.
You understand and agree that by entering into these Terms, you and Bettershot are waiving the right to a trial by jury or to participate in a class action.
11. Data Protection and Privacy
Bettershot is committed to protecting your privacy and personal information. All personal data collected from users is processed and stored in accordance with our Privacy Policy, which can be found here: https://bettershot-ai/privacy-policy. We take reasonable measures to ensure that your data is kept secure and that it is only used for the purposes described in these Terms and our Privacy Policy.
12. Third-Party Services
Payments for the Services are processed by Stripe, and by using the Services, you agree to be bound by Stripe’s terms of service and privacy policy. In addition, Bettershot uses third-party service providers for the generation of headshots. While we take reasonable measures to ensure the security and reliability of these third-party services, Bettershot is not responsible for any actions, errors, or omissions by such providers.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions.
Contact Information
If you have any questions about these Terms, please contact us at hello@bettershot.ai.