These Terms of Service (“Terms”) govern your access to and use of Portraiteer (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.
1. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement.
2. Accounts and Security
You are responsible for:
- maintaining the confidentiality of your login credentials,
- all activity that occurs under your account, and
- ensuring that your use of the Service complies with these Terms and applicable law.
You must provide accurate account information and promptly update it if it changes.
3. The Service (What Portraiteer Does)
Portraiteer allows you to upload photos, create or import identities (people/contacts), detect faces in photos, and label faces either manually (via annotations) or by reviewing automated labeling suggestions.
You understand that:
- face detection and label suggestions may be inaccurate,
- you are responsible for reviewing and confirming labels before relying on them, and
- you must use the Service in a manner consistent with these Terms, including the restrictions in Section 8.
4. Your Content
“User Content” includes photos, images, identities/contacts, names, face labels, annotations, and any other content you upload, import, create, or provide through the Service.
You retain ownership of your User Content as between you and Portraiteer, subject to the licenses you grant in these Terms.
4.1 Rights You Must Have
You represent and warrant that you have all necessary rights, permissions, and consents to upload, process, and use your User Content with the Service, including (where applicable):
- permission from the photographer or rights-holder,
- consent from individuals depicted in photos, and
- any legally required notices and consents for processing biometric information (such as face templates or faceprints) under applicable laws.
You are solely responsible for determining what rights and consents are required for your use case and jurisdiction.
5. License You Grant to Portraiteer
To operate the Service, you grant Portraiteer a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify (e.g., resizing/format conversion), and transmit your User Content only:
- to provide, maintain, and secure the Service,
- to perform face detection, generate label suggestions, and enable labeling/organization features,
- to prevent abuse, enforce these Terms, and comply with law, and
- to improve the Service in an aggregated or de-identified manner where reasonably possible.
- to publicly display or distribute User Content only when you enable a sharing or public feature (for example, to present a Public Gallery via a link, caching, or content delivery networks),
This license continues until you delete the relevant User Content from the Service, except to the extent we must retain it for legal compliance, dispute resolution, or enforcement purposes.
6. Identity Data and Consent Responsibilities
If you create or import identities (people/contacts) into the Service, you represent and warrant that:
- you are authorized to create/import those identities and associated personal data, and
- your use of that information complies with applicable law (including privacy, marketing, and biometric laws).
6.1 Revoked Consent; No Evasion
If you receive a request to remove an identity or revoke consent (whether from the identity, a legal representative, or as required by law), you agree to honor it promptly and not attempt to circumvent it, including by creating duplicate or “sham” identities to re-associate faces or labels.
7. Biometric and Face-Related Processing
The Service may create and use face-related data (e.g., detected face regions, embeddings/templates, or similar derived data) to provide face detection and labeling features.
You agree that you will:
- obtain any required informed consent and provide any required notices before using the Service to process biometric data,
- use face labels responsibly and lawfully, and
- ensure that access to labeled galleries is provided only to authorized users.
8. Acceptable Use and Prohibited Conduct
You may not use the Service to:
- violate any law or regulation,
- upload or share content that is unlawful, abusive, exploitative, or otherwise prohibited (including child sexual abuse material),
- infringe intellectual property or privacy rights,
- harass, threaten, or defame others,
- share or publish photos in a way that violates another person’s privacy or publicity rights, including non-consensual intimate imagery, doxxing, or sharing content intended to harass or intimidate,
- share content that reveals sensitive personal information about someone (for example, government IDs, financial details, precise location data, or private communications) unless you have a lawful basis and permission to do so,
- attempt to identify unknown individuals in public settings without consent (e.g., “identify anyone I saw at a protest”),
- conduct or facilitate surveillance, stalking, or tracking of individuals without valid legal authority and consent,
- build or enhance profiles about individuals for decisions regarding employment, housing, credit, insurance, education, or other “high-impact” decisions unless explicitly permitted by Portraiteer in writing,
- circumvent consent revocations or removal requests,
- reverse engineer, scrape, probe, or disrupt the Service, or
- misuse the Service to develop or train competing face-recognition or identification systems using our outputs, except where explicitly permitted by Portraiteer in writing.
Portraiteer may interpret and enforce these rules at its discretion to protect users, third parties, and the Service.
9. Moderation, Monitoring, and Enforcement
To protect the Service and enforce these Terms, Portraiteer may use automated systems and limited review to detect prohibited content or misuse patterns. This may include analyzing metadata, usage patterns, and content signals.
We may:
- remove or restrict access to User Content,
- suspend or terminate accounts, and/or
- report or cooperate with law enforcement where we reasonably believe it is necessary or legally required.
We try to minimize access to private workspace content; however, you understand that some access may be necessary for support requests you initiate, safety enforcement, or legal compliance.
10. Shared and Public Galleries
The Service may allow you to share photos or galleries with others, including by enabling a public link or making a gallery publicly accessible (“Shared Galleries”).
10.1 What Is Shared
When you share a gallery, Portraiteer may present the photos and certain basic presentation information needed to display the gallery (e.g., ordering, captions you add, and technical delivery data). The Service generally avoids attaching identity names and face-label data to Shared Galleries by default; however, photos themselves may still reveal personal information.
10.2 You Are Responsible for What You Share
You are solely responsible for:
- deciding what photos or content to include in a Shared Gallery,
- ensuring you have all rights and permissions to share the photos publicly, including permissions from individuals depicted where required by law or agreement, and
- ensuring the Shared Gallery does not violate these Terms or applicable law.
Do not share content you consider confidential or sensitive.
10.3 Public Means Public
Shared Galleries may be viewed, copied, downloaded, screen-captured, or redistributed by viewers. Portraiteer cannot control what viewers do with content you share, and we do not guarantee that shared content will remain private.
10.4 Link Security and Access
If sharing is enabled via a link, anyone with the link may be able to access the Shared Gallery. You are responsible for maintaining the confidentiality of any non-public links and for disabling sharing when access is no longer desired.
10.5 Removal; Enforcement
You can disable sharing through the Service. We may remove or restrict Shared Galleries or content at any time if we believe it violates these Terms, poses risk to users or third parties, or is required by law.
10.6 License for Sharing
By enabling sharing, you grant Portraiteer the right to publicly display and distribute the Shared Gallery content as necessary to provide the sharing feature (including through caching and content delivery networks), until you disable sharing or delete the content, subject to necessary legal retention.
11. Third-Party Services
The Service may integrate with third-party services (e.g., identity imports, storage providers, analytics). Your use of those third-party services is governed by their terms and policies, and Portraiteer is not responsible for third-party services.
12. Termination
You may stop using the Service at any time. Portraiteer may suspend or terminate your access if:
- you violate these Terms,
- we reasonably believe your use creates risk or legal exposure for Portraiteer or others, or
- we are required to do so by law.
Upon termination, your right to use the Service stops immediately. Sections that by their nature should survive will survive (including licenses needed for legal compliance, disclaimers, limitation of liability, and indemnity).
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PORTRAITEER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PORTRAITEER DOES NOT WARRANT THAT FACE DETECTION OR LABEL SUGGESTIONS ARE ACCURATE, COMPLETE, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR REVIEWING AND CONFIRMING LABELS AND FOR YOUR DECISIONS BASED ON THE SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- PORTRAITEER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
- PORTRAITEER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO PORTRAITEER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS).
Some jurisdictions do not allow certain limitations; in that case, these limitations apply to the maximum extent permitted.
15. Indemnification
You will indemnify, defend, and hold harmless Portraiteer and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your User Content,
- your use of the Service,
- your violation of these Terms, or
- your violation of any law or third-party rights (including privacy, publicity, biometric, or intellectual property rights).
16. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify you (e.g., via the Service or email). Your continued use of the Service after an update becomes effective means you accept the updated Terms.
17. Governing Law; Disputes
These Terms are governed by the laws of Texas, excluding its conflict of laws rules.
Any dispute arising from these Terms or the Service will be brought in the courts located in Texas, unless applicable law requires otherwise.
18. Contact
Questions about these Terms can be sent to: legal@portraiteer.com