Last Update: June 19, 2023
These Terms of Use ( “Terms”) apply to all users (“user”, “you” or “your”) who download, install, register with, access or use our mobile application Portray AI or who use our web-site at www.portray-ai.com (“App”).
These Terms are a binding contract between you and us ("we", "us", "our"). You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of the App. If you are using the App on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. BY USING OUR APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR APP.
Portray AI is a mobile app and a website that allows users to make personalized AI-generated images (“Avatars”) based on photos of the user (“Photos”). Photos are processed in accordance with our Privacy Policy.
For generation Portray AI uses Neural Network Model Stable Diffusion. Stable Diffusion is retrained based on 10 or more user photos to create a personalized Stable Diffusion Model for a specific user (“Personalized SD Model”). Personalized SD model is then used to generate users’ Avatars based on prepared text-to-image descriptions (“Templates”).
From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the app. Any modification or elimination of our App or any particular features will be done at our sole discretion.
In order to use the App you must be at least 18 years of age or older, if the higher age of the legal majority is established in your jurisdiction. If we learn that a person which does not meet these age requirements is using our App, we will take reasonable measures to promptly terminate usage of the App by such user. If you become aware of any usage of the App by children under the age of 18, please contact using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.
By using our App you represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from using the App. You further agree to use the App in compliance with all applicable laws and to provide only true and accurate information to us. The App is not available to any users previously prohibited from using it.
The App does not have functionality for the creation of a user’s account. If you delete the App from your mobile device or change your mobile device, your data will not be kept. Therefore, you must back up all the App data which is important for you (e.g. generated Avatars).
We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Transfer and storage of information about you, whilst you use our App, is governed by our Privacy Policy. You acknowledge and agree that your use of our App is subject to our Privacy Policy.
Our App allows you to upload your Photos and create Avatars based on it (“User Content”). We do not claim ownership over your User Content, including AI-generated content you create using our App (for the purposes of these Terms, the term “User Content” explicitly includes any AI-generated content you create by Using the application).
We want you to enjoy the functionality of our App seamlessly. Therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to, downloaded from, and stored within the App. We would like to highlight that the Company license is limited to the purpose of our usage of your User Content and the parties we might share this User Content with. We do not sell any of your User Content to any third parties and use it for ensuring the appropriate functionality of the application only.
Therefore, solely for the purposes of operating or improving our App, you hereby grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy.
The Company License is for the limited purpose of operating our App and improving our existing and new products unless you have provided us your additional explicit consent for the different purposes where required by applicable law.
The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from App’s library. Moreover, the Company License in relation to Photos you upload to our App to generate Avatars is automatically terminated when your Avatars are ready.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you are authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through the App or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through the App and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective right holder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to the App; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store, or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold us harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
General. You shall not violate any applicable contract, intellectual property law, any other applicable law, or other third-party rights (including our rights) or commit a tort, and you are solely responsible for your conduct while using our App.
You represent, warrant, and agree that you will not use our App by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store, or share any User Content that:
Stable Diffusion restrictions. We use Stable Diffusion AI technology in our App for the generation of Avatars. Due to this, we add additional restrictions in order to comply with Stable Diffusion License, as specified below.
You represent, warrant, and agree that you will not use our app in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
Monitoring of prohibited conduct. We have the right to monitor your use of our App to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affect our App and/or us. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.
We reserve the right to, at our discretion and at any time, suspend or discontinue our App, introduce new features or impose limitations on certain features, or restrict access to our App.
Our Content. Our App and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content, as defined below), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, and other content contained therein, excluding your User Content (collectively, “Our Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws.
Supplemental Terms. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, titles, and interests (including without limitation all intellectual rights) in and to our App and the Our Content. Your use of Our Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms, the latter shall govern.
License. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use our app and the Our Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
Violation of License. Any use of our App or Our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Our Content.
Copyright Infringements. It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any of Our Content, User Content, or any other content uploaded, downloaded, or appearing on our App has been copied in a way that constitutes copyright infringement, you may request the removal of such Content (or access to it) from our App by submitting a written notification.
Such written notice ("DMCA Notice") must be sent to legal@finespace.comand include substantially the following:
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within our App is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees).
If we become aware that any of our Users have repeatedly infringed copyrights, we will take reasonable steps to disable access to our App for such Users.
In-App Purchases. Some functionalities and features of the App are available on the basis of in-app purchases (“Purchased Content”). You may only use the Purchased Content if you are over 18 years old (or of the age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable, and revocable basis.
You may purchase the Purchased Content through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions with such a third party in addition to these terms may apply to your access to our App. We reserve the right to modify, terminate, or otherwise amend in-app purchases we offer from time to time.
Please contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.
Subscriptions. Some functionalities and features of the App may be available on a subscription basis. Subscriptions may be weekly, monthly, bi-monthly, tri-monthly, semi-annual or annual. Payments for such subscriptions would be charged at your account at the confirmation of the purchase or after expiration of the trial period established in the Apps. They may be processed by third parties acting on our behalf, or by the owner of the relevant application store. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off the auto-renew:
You may find information about subscriptions in the Apps, including their title, length and price on our page in the Application Store and/or within our App.
Your account will be charged for renewal within 24-hours prior to the end of the current subscription period (Apple), or at the end of the subscription period (Google and other) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user's account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
Certain of our subscription services may be offered on a free trial basis for a certain period of time. You may cancel a subscription during its free trial period via the subscription setting through your account on the relevant application Store. This must be done 24 hours before the end of the free trial subscription period (Apple), or at any time before the end of the free trial subscription period (Google), otherwise it will be renewed as a paid subscription.
Other. We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google in-app purchases and subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google in relation to your in-app purchases and subscriptions to request any refunds.
If made via a Google in-app purchase learn more about refunds from Google Play here. You can request a refund for an Apple in-app purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT AND/OR SUBSCRIPTIONS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
We welcome any feedback, questions, comments, suggestions, ideas, original or creative materials, or other information you submit about us or our App (collectively, “Feedback”). You can submit Feedback by using the”Send Feedback“ button in our App settings (or by contacting us in accordance with Section 22 of these Terms) or via reviews in the Apple App Store or Google Play.
Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about the user experience in our App. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners, and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your use of our App; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with our App. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Liability. We and the other Company Parties will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of us and the other Company Parties, for any claim arising out of or relating to these Terms or the App, regardless of the form of the action, is limited to the amount paid, if any, by you to use our App. In no event will our total liability arising out of or in connection with these Terms or from the use of or inability to use the App exceed the amounts you have paid to use our App or EUR 10, if you have not had any payment obligations to us, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of us or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Disclaimer. Our App uses external technology for the generation of Avatars - Stable Diffusion AI. Due to this, we cannot fully control the results generated, therefore;
We make reasonable efforts to moderate the Avatars by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content.
By agreeing to the Terms and/or making purchases in our app, you agree to the above disclaimer and waive any claims against us due to the generated Avatars. In case you find the Avatar offensive or otherwise unacceptable, please contact us as specified in Section 15.
General. The App and artificial intelligence may be subject to export and re-export control laws and regulations, including sanction and export regulations of the European Union, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. or EU government embargo, and (2) are not a denied party as specified in the regulations listed above.
Compliance. You agree to comply with all U.S. EU and other foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from our App under these Terms thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
Applicable law. Any issue which is not agreed upon in these Terms of Use will be governed by the laws of the Republic of Lithuania.
Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at the place of registration of us.
General. This section applies to users who use our App on iOS devices (“iOS User”). If there is a contradiction in the terms of this Section and other provisions of these Terms, then this Section shall prevail for iOS users.
Acknowledgment. You acknowledge that these Terms are concluded between You and the Us only, and not with Apple. We, not Apple, are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to You is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. We and You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and We acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be our sole responsibility. However, you understand and agree that in accordance with these Terms, we have disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and we hereby acknowledge that as between Apple and us, we, not Apple, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
Developer Name and Address. Any questions, complaints, or claims with respect to the App should be directed to us as specified in section 15.
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
Third-Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
We reserve the right to change these Terms at any time. Each time you access the App the current version of these Terms applies. We encourage you to check this page regularly so that you know our current practices. If you do not agree to the amended terms, you must stop using our APp. Your continued use of our App after we provide will imply your acceptance of those changes.
If you have any questions or requests, you may contact us using the in-app support feature in our app or via email at legal@finespace.com.
Our details: Finespace UAB, with a registered address at J. Basanavičiaus g. 26, 03224 Vilnius, Lithuania.