Terms of Service

If you require any more information or have any questions about our ToS, please feel free to contact us by email at [email protected].

Last Updated: October 29, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Logopony OÜ, registry code 14402347, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia ("PFPMaker", "we", "us", or "our"), which owns and operates the website ai.pfpmaker.com (the "Platform" or "Service").

By accessing, browsing, or using the Platform, creating an account, uploading photos, or using any of our AI tools, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

2. Service Description

PFPMaker is an AI-powered profile picture studio that provides users with tools to create, generate, edit, and enhance profile pictures and portraits using artificial intelligence technology. Our Service includes:

  • AI Generation Tools: Professional headshot generation, creative AI avatars, and profile pictures in 1,100+ styles
  • AI Editing Tools: Change clothes, hairstyles, makeup, accessories, scenes, backgrounds; add smiles, clear skin, AI chat editor, and branded team photos
  • Free Editing Tools: Background removal, cropping, resizing, borders, text overlays, effects, decals, and custom backgrounds
  • Subscription Plans: Monthly recurring access with credit allocations (Personal, Standard, Premium)
  • Pay-as-you-go Credits: One-time credit purchases for non-subscription users

We use third-party AI service providers including Replicate, Fal.ai, and Google Cloud AI to process your images. The quality of AI-generated results depends significantly on the quality and clarity of your input photos.

Platform Nature: PFPMaker is a neutral technology platform that provides tools for users to create content. We do not create, control, review, or endorse user-generated content. Users are solely responsible for all content they upload, create, or generate using our Service. We act as a technology service provider, not as a publisher or content creator.

3. Account Registration and Eligibility

3.1 Age Requirement

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our Service. By using the Service, you represent and warrant that you meet these age requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for:

  • Safeguarding your account credentials and password
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts with false, inaccurate, or misleading information.

3.3 Account Restrictions

Each account is for individual use only. You may not:

  • Share your account credentials with others
  • Create multiple accounts to abuse free trials or promotional offers
  • Transfer or sell your account to another person
  • Use the Service if you are located in a country embargoed by the EU or US

4. Pricing, Payments, and Refunds

4.1 Pricing Structure

PFPMaker operates on a credit-based system with two purchasing options:

  • Subscription Plans: Monthly recurring payments that include a monthly credit allocation (Personal: 60 credits/$9, Standard: 120 credits/$15, Premium: 350 credits/$25)
  • One-time Credit Packs: Pay-as-you-go credit purchases (50-1,000 credits) that never expire

All prices are in US Dollars (USD) unless otherwise stated. Prices may vary by region due to local taxes and regulations. We reserve the right to change our pricing with 30 days' notice to existing subscribers.

4.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By making a purchase, you authorize us to charge your payment method for all fees incurred. You agree to:

  • Provide current, complete, and accurate payment information
  • Update your payment information promptly if it changes
  • Pay all charges incurred under your account
  • Be responsible for all applicable taxes

4.3 Subscription Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly) unless you cancel before the renewal date. You will be charged the then-current subscription price. You can cancel your subscription at any time from your account dashboard or by contacting support.

If you cancel, you will retain access to your subscription benefits until the end of your current billing period. We do not provide prorated refunds for partial billing periods.

4.4 Subscription Plan Changes

You may upgrade or downgrade your subscription plan at any time through your account dashboard. Changes take effect immediately, and credits are prorated based on the remaining days in your billing period.

4.5 Refund Policy - Subscriptions

14-Day Money-Back Guarantee: You may request a full refund within 14 days of the initial subscription purchase, provided that:

  • No AI generation or editing tools have been used
  • No images have been downloaded or processed
  • The request is submitted within 14 calendar days of purchase

By using any paid AI tools or downloading generated images, you acknowledge that you are expressly requesting immediate performance of the Service.

EU Residents: In accordance with EU consumer protection laws, EU residents who use the Service during the 14-day period waive their right to the cooling-off period for that subscription period.

Subsequent Billing Periods: After the initial 14-day period, subscription fees are non-refundable. However, you may cancel at any time to prevent future charges.

4.6 Refund Policy - One-Time Credit Purchases

You may request a full refund within 14 days of purchase if no credits have been used. Once you use any portion of your purchased credits, the purchase becomes non-refundable.

4.7 Technical Failures and Credit Refunds

If our AI service fails to process your image due to a technical error on our end, credits are automatically refunded to your account immediately. This includes:

  • Server errors or timeouts
  • AI processing failures
  • Service unavailability

Important: Credits are only charged upon successful completion of AI operations. If an operation fails, you are not charged.

Dissatisfaction with Results: While AI results are inherently variable and depend heavily on the quality of your input photo, we are committed to customer satisfaction. If you are dissatisfied with AI-generated results (even when technically successful), you may contact our support team at [email protected]. We will review your case and may provide credit refunds or additional attempts at our discretion. However, refunds are generally not provided if you failed to follow our usage guidelines (e.g., using low-quality photos, unclear images, or photos that don't meet our recommended specifications). We encourage you to retry with different settings or higher-quality input images before requesting a refund.

4.8 Chargebacks

If you initiate a chargeback without first contacting our support team, we reserve the right to immediately suspend or terminate your account and revoke access to all content, credits, and services. Chargebacks are considered a breach of these Terms.

We strongly encourage you to contact us at [email protected] before disputing any charge. We are committed to resolving billing issues fairly and quickly.

4.9 Taxes

You are responsible for all taxes associated with your purchase, including sales tax, VAT, GST, or other local taxes. Prices displayed may not include these taxes, which will be calculated and added at checkout based on your location.

4.10 Service Downtime and Refunds

While we strive for maximum uptime, we do not guarantee uninterrupted service. If our Service experiences extended downtime (24+ consecutive hours) due to our infrastructure (not third-party AI providers), you may contact us to request a prorated refund or credit extension for the affected period.

5. Credit System

5.1 How Credits Work

Credits are used to access our paid AI tools. Different tools require different credit amounts:

  • AI Headshots: 3 credits per generation
  • AI Profile Pictures/Avatars: 2 credits per generation
  • AI Branding: 2 credits per generation
  • Most AI editing tools: 1 credit per edit

Free editing tools (background removal, cropping, borders, text, effects, decals, custom backgrounds) do not require credits and are available to all users.

5.2 Subscription Credits

Subscription plans include a monthly credit allocation that refreshes at the start of each billing period. Unused subscription credits roll over for up to 3 months, up to a maximum of 3x your monthly plan limit.

Once you reach your 3x cap, the oldest unused credits expire as new credits are added. Credits older than 3 months automatically expire.

5.3 Purchased Credits (One-Time Packs)

Credits purchased as one-time credit packs never expire and remain in your account until used.

5.4 Credit Usage Priority

When you use credits, the system automatically uses subscription credits before purchased credits. Within subscription credits, older credits are used first (FIFO - First In, First Out).

5.5 Credit Deduction and Disputes

Credits are only deducted when an AI operation completes successfully. All credit transactions are logged for audit purposes. If you believe credits were incorrectly deducted, please contact support within 30 days.

We will investigate credit disputes by reviewing transaction logs and determining whether the operation completed successfully. Our decision is final. Note that we do not store generated images or view your results—we only track whether a generation succeeded or failed.

5.6 Non-Transferable

Credits are non-transferable and cannot be:

  • Transferred to another user's account
  • Sold or exchanged for cash
  • Refunded for cash (except as specified in our refund policy)
  • Combined across multiple accounts

5.7 Credits Upon Account Termination

If your account is terminated for violation of these Terms, all remaining credits (both subscription and purchased) are forfeited without refund. If you voluntarily close your account in good standing, unused purchased credits may be refunded at our discretion.

6. User Responsibilities and Prohibited Content

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely and exclusively responsible for:

  • All photos you upload to the Service
  • All images you generate or edit using our AI tools
  • How you use, distribute, or display generated images
  • Ensuring you have the legal right to upload and use all photos
  • Obtaining necessary permissions and consents for any recognizable individuals in photos
  • Complying with all applicable laws, regulations, and third-party rights in your jurisdiction and any jurisdiction where you use or distribute generated content
  • Any legal consequences arising from your use of the Service or generated content

PFPMaker is not responsible for monitoring, controlling, or vetting your content. You upload and generate content at your own risk and responsibility.

6.2 Prohibited Content and Activities

You may NOT use the Service to create, upload, generate, or distribute:

  • Sexually explicit or pornographic content: Including nudity, sexual acts, or sexually suggestive imagery
  • Violent or graphic content: Including gore, extreme violence, or content depicting harm to people or animals
  • Hateful or discriminatory content: Content that promotes hate, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Illegal content: Content that violates any local, national, or international law
  • Child exploitation: Any content sexualizing minors or depicting child abuse
  • Deceptive or misleading content: Deepfakes intended to deceive, manipulated images for fraud, or content that misrepresents someone's identity, actions, or statements
  • Harassment or bullying: Content intended to harass, threaten, intimidate, or harm others
  • Impersonation: Creating profile pictures with the intent to impersonate someone else without authorization
  • Infringing content: Content that violates intellectual property rights, including copyrighted images or trademarked materials

6.3 Celebrity and Public Figure Images

PROHIBITED USE: You may NOT use the Service to create, generate, or process images of celebrities, public figures, politicians, or any other individuals without their explicit written consent. This prohibition includes:

  • Creating AI-generated images of any recognizable public figures
  • Creating deepfakes or manipulated images of real people
  • Generating images that could be mistaken for real photos of public figures
  • Using the Service to create unauthorized images for commercial purposes
  • Creating images that violate personality rights, publicity rights, or right of publicity laws

EXCEPTION: You may only use images of others (including public figures) if:

  • You are that person, OR
  • You have explicit written permission from that person, OR
  • The person is deceased and you have verified that no personality/publicity rights apply in your jurisdiction

Violations of this section may result in immediate account termination and potential legal action. You agree to indemnify and hold PFPMaker harmless from any claims arising from your unauthorized use of another person's likeness.

6.4 Automated Use and Rate Limiting

You may not:

  • Use bots, scrapers, or automated tools to access the Service
  • Attempt to circumvent rate limits or usage restrictions
  • Overload or interfere with the Service's infrastructure
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Access the Service through unauthorized means

6.5 Content Monitoring

While we do not proactively monitor all uploaded or generated content, we reserve the right to review content if we receive reports of violations. We may use automated tools to detect prohibited content. We cannot and do not control how users may misuse our Service, but we will take action upon learning of violations.

6.6 Consequences of Violations

Violations of this section may result in:

  • Warning notifications
  • Temporary suspension of your account
  • Permanent termination of your account without refund
  • Reporting to law enforcement if appropriate
  • Legal action to recover damages

7. Content and Intellectual Property Rights

7.1 Your Uploaded Content

You retain all ownership rights to the photos and images you upload to the Service. By uploading content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

  • Process your photos through our AI systems
  • Temporarily store your photos during processing (deleted immediately after)
  • Display your uploaded photos to you within the Service interface

We do NOT claim any ownership of your uploaded photos. We do NOT use your photos to train AI models. We do NOT store your photos after processing is complete. Regarding our third-party AI providers: According to the publicly available terms of service of our AI processing providers (Replicate, Fal.ai, Google Cloud AI), images processed through paid API access (which is how we use their services) are not used for training their AI models. We rely on these providers' published terms and commitments. However, we cannot provide independent guarantees regarding third-party practices beyond their stated policies.

7.2 AI-Generated Content Ownership

You own all images generated or edited using our AI tools, subject to our intellectual property rights in the underlying Service. You may:

  • Download and save generated images
  • Use generated images for personal purposes
  • Use generated images for commercial purposes
  • Modify generated images further
  • Distribute and sell products incorporating generated images

You are solely and exclusively responsible for all generated content. PFPMaker is a technology platform that processes user inputs. We do not review, approve, endorse, or control the content you create. You bear all legal responsibility and liability for generated images, including ensuring they comply with applicable laws and do not infringe on third-party rights. Any violation of laws or third-party rights through your use of generated content is entirely your responsibility.

7.3 Marketing and Promotional Use

We will NOT use your uploaded photos or generated images for marketing, promotional materials, or any public display without your explicit written permission. If you wish to have your results featured, please contact us at [email protected].

7.4 PFPMaker Intellectual Property

The Service, including its design, features, functionality, graphics, interface, code, and all underlying technology, is owned by PFPMaker and is protected by international copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written permission.

7.5 Third-Party Rights

You are solely responsible for ensuring that:

  • You have the right to upload and use any photos you submit
  • Your use of generated images does not infringe on third-party rights
  • You have necessary permissions for any recognizable people in photos
  • Your use complies with personality rights and publicity laws

We are not responsible for any legal issues arising from your use of generated images, including copyright, trademark, privacy, or publicity rights violations.

If you believe content on our Service infringes your copyright, please contact us at [email protected] with:

  • Description of the copyrighted work
  • Location of the infringing content
  • Your contact information
  • A statement of good faith belief that use is unauthorized
  • A statement that the information is accurate
  • Your physical or electronic signature

8. AI Services and Limitations

8.1 Nature of AI-Generated Content

AI-generated content is inherently unpredictable and variable. Results depend heavily on:

  • The quality, clarity, and resolution of your input photo
  • Lighting, facial position, and visibility in your photo
  • The specific AI model and settings used
  • The complexity of the requested transformation
  • Random factors inherent in AI generation

8.2 No Quality Guarantees

We provide the Service on a "best effort" basis. We do NOT guarantee:

  • That AI results will meet your expectations or requirements
  • That results will accurately represent you or your desired outcome
  • That results will be photorealistic or professionally usable
  • That all attempts will produce successful results
  • Any specific level of quality or artistic merit

To improve your results, we recommend using:

  • High-resolution photos (minimum 512x512px)
  • Clear, well-lit images
  • Photos with your face clearly visible and centered
  • Recent photos that accurately represent your appearance

8.3 Processing Time

Most AI operations complete in approximately 10-15 seconds. However, processing times may vary based on:

  • Current system load
  • Complexity of the operation
  • Third-party AI service availability
  • Network conditions

If processing takes longer than expected, we will continue attempting to complete your request. If an operation ultimately fails due to a technical error, credits are automatically refunded.

8.4 Service Availability

We do not guarantee uninterrupted or error-free service. The Service may be unavailable due to:

  • Scheduled maintenance
  • Third-party AI provider outages
  • Infrastructure issues
  • DDoS attacks or security incidents
  • Force majeure events

We are not liable for any unavailability, but may provide prorated refunds or credit extensions for extended downtime exceeding 24 consecutive hours caused by our infrastructure (not third-party providers).

8.5 Multiple Attempts

Because AI results vary, we provide credits for multiple attempts. Each generation uses credits regardless of your satisfaction with results (unless a technical failure occurs). We encourage experimenting with different settings, prompts, and input photos to achieve desired results.

9. Privacy and Data Processing

9.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand how we collect, use, and protect your data.

9.2 Photo Processing and Storage

We are committed to protecting your privacy:

  • No permanent storage: Your uploaded photos are NOT stored on our servers after processing is complete
  • No AI training: We do NOT use your photos to train AI models
  • Metadata removal: Image metadata (EXIF data, location data) is automatically stripped in your browser before upload
  • Direct processing: Photos are sent directly to third-party AI processors and results are returned directly to your browser

9.3 Data Retention

We retain:

  • Account data: Name, email, authentication info (until account deletion)
  • Transaction records: Payment history, credit transactions (for legal/accounting requirements)
  • Usage logs: Which tools were used, success/failure status (for support and billing)

We do NOT retain uploaded photos or generated images.

9.4 GDPR Compliance

If you are in the European Economic Area (EEA), you have specific rights under the General Data Protection Regulation (GDPR):

  • Right to access: Request a copy of your personal data
  • Right to rectification: Correct inaccurate data
  • Right to erasure: Request deletion of your data
  • Right to restriction: Limit how we process your data
  • Right to data portability: Receive your data in a structured format
  • Right to object: Object to certain data processing
  • Right to withdraw consent: Withdraw consent at any time

To exercise these rights, contact us at [email protected]. We will respond within 30 days.

10. Third-Party Services and Subprocessors

10.1 AI Processing Subprocessors

We use the following third-party AI service providers (subprocessors) to process your images:

  • Replicate, Inc. (replicate.com) - AI model hosting and inference
  • Fal.ai (fal.ai) - AI model hosting and inference
  • Google Cloud AI (cloud.google.com) - AI processing services

These providers are independent third-party SaaS platforms that we access via their APIs. Your use of our Service means your data will be processed by these providers in accordance with their respective terms of service, privacy policies, and data processing terms. We have reviewed these providers' compliance documentation and selected them based on their stated commitments to data protection, security standards, and regulatory compliance (including GDPR where applicable). However, as independent third-party services, they maintain their own terms and policies which may be updated independently. We are not responsible for the terms, practices, or policies of these third-party providers. You acknowledge and agree that your use of our Service constitutes your acceptance of these third-party providers processing your data according to their terms.

10.2 Other Third-Party Services

We also use these third-party services for core platform functionality:

  • Stripe - Payment processing
  • Google OAuth - Authentication
  • Resend - Transactional emails
  • Google Analytics - Analytics
  • Sentry - Error monitoring
  • Crisp - Customer support chat
  • MongoDB - Database hosting
  • DigitalOcean - Application hosting

10.3 No Liability for Third-Party Services

We are not responsible for:

  • Third-party service outages or unavailability
  • Data practices of third-party providers
  • Changes to third-party terms or pricing
  • Quality or accuracy of third-party AI models
  • Security breaches at third-party services

Your use of third-party services through our Platform may be subject to their separate terms and conditions. We encourage you to review them.

10.4 Changes to Subprocessors

We may change our subprocessors as needed to improve our Service. We will update this section when subprocessors change. Continued use of the Service after such changes constitutes acceptance.

11. Account Termination and Suspension

11.1 Termination by You

You may close your account at any time by:

Upon account closure:

  • Active subscriptions will be cancelled (no prorated refund)
  • All remaining credits (subscription and purchased) will be forfeited
  • Your account data will be deleted within 30 days
  • Transaction records may be retained for legal/accounting requirements

11.2 Termination by PFPMaker

We reserve the right to suspend or terminate your account immediately, without notice or refund, if you:

  • Violate these Terms of Service
  • Create or attempt to create prohibited content
  • Engage in fraudulent activity or payment disputes
  • Abuse, harass, or threaten other users or our staff
  • Attempt to hack, exploit, or damage the Service
  • Use the Service for illegal activities
  • Create multiple accounts to abuse promotions or free trials
  • Repeatedly upload inappropriate content after warnings

If we terminate your account for violations, you forfeit all credits and subscriptions without refund.

11.3 Temporary Suspension

We may temporarily suspend your account while investigating suspected violations. During suspension:

  • You cannot access the Service or use credits
  • Subscriptions continue to be charged unless cancelled
  • Credits do not expire during the suspension period

If the investigation clears you, access will be restored with no penalty.

11.4 Effect of Termination

Upon termination of your account (by you or us):

  • Your right to use the Service immediately ceases
  • All licenses granted to you under these Terms terminate
  • You must cease using any PFPMaker branding or intellectual property
  • Sections of these Terms that should survive termination will remain in effect (including payment obligations, disclaimers, limitations of liability, and dispute resolution)

12. Disclaimers and Limitation of Liability

12.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PFPMAKER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF RESULTS
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OF DATA TRANSMISSION
  • QUALITY OF AI-GENERATED CONTENT

12.2 No Guarantees

WE DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:

  • The quality, accuracy, or usefulness of AI-generated results
  • That the Service will meet your specific requirements
  • That the Service will be available at all times
  • That defects will be corrected
  • That the Service is free of viruses or harmful components
  • The reliability of third-party AI providers

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PFPMAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION OR LOSS OF GOODWILL
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
  • DAMAGES RELATED TO THIRD-PARTY SERVICES OR CONTENT
  • DAMAGES FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
  • DAMAGES FROM ERRORS, MISTAKES, OR INACCURACIES IN AI-GENERATED CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.4 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PFPMAKER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EXCEED THE GREATER OF:

  • THE TOTAL AMOUNT YOU ACTUALLY PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
  • €500 (FIVE HUNDRED EUROS)

THIS LIMITATION APPLIES COLLECTIVELY TO ALL YOUR CLAIMS, NOT PER INCIDENT. IF YOU HAVE PAID US NOTHING, OUR LIABILITY TO YOU IS ZERO.

12.5 User-Generated Content Liability

PFPMAKER IS A TECHNOLOGY PLATFORM PROVIDER AND NOT RESPONSIBLE FOR USER-GENERATED CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT PFPMAKER IS NOT RESPONSIBLE OR LIABLE FOR:

  • ANY CONTENT YOU UPLOAD, CREATE, GENERATE, OR DISTRIBUTE USING THE SERVICE
  • ANY CLAIMS ARISING FROM YOUR USE OF AI-GENERATED IMAGES
  • INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS RELATED TO YOUR CONTENT
  • PRIVACY OR PUBLICITY RIGHTS VIOLATIONS, INCLUDING UNAUTHORIZED USE OF LIKENESS
  • DEFAMATION OR HARM CAUSED BY YOUR GENERATED CONTENT
  • ILLEGAL OR PROHIBITED USE OF GENERATED IMAGES
  • DEEPFAKES, MANIPULATED IMAGES, OR DECEPTIVE CONTENT YOU CREATE
  • COMMERCIAL OR NON-COMMERCIAL USE OF GENERATED CONTENT
  • ANY CONSEQUENCES OF SHARING, PUBLISHING, OR DISTRIBUTING GENERATED IMAGES

PFPMaker provides neutral technology tools. We do not create, review, approve, or endorse any content generated by users. You are the sole creator and controller of all content you generate. We have no knowledge of, and exercise no control over, how you use the Service or what you create.

INDEMNIFICATION: You agree to indemnify, defend, and hold completely harmless PFPMaker, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, privacy, publicity, or personality rights
  • Any content you upload, generate, or distribute using the Service
  • Any use you make of AI-generated images

This indemnification obligation will survive termination of these Terms and your use of the Service.

12.6 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

If you are a consumer in the European Union, you also benefit from mandatory consumer protection laws in your country of residence.

13.2 Jurisdiction

Any legal action or proceeding arising from or relating to these Terms or the Service shall be brought exclusively in the courts of Tallinn, Estonia. You consent to the personal jurisdiction of these courts.

However, if you are a consumer in the EU, you may also bring proceedings in the courts of your country of residence.

13.3 Informal Resolution

Before initiating any legal proceedings, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a fair resolution.

13.4 EU Online Dispute Resolution

If you are a consumer in the EU and are not satisfied with our resolution of your complaint, you may access the European Commission's Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr

13.5 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Service Discontinuation

14.1 Right to Discontinue

We reserve the right to discontinue, suspend, or materially modify the Service at any time, with or without notice. Reasons may include, but are not limited to:

  • Business decisions or strategic changes
  • Technical or operational challenges
  • Legal or regulatory requirements
  • Third-party service terminations
  • Force majeure events

14.2 Planned Shutdown Obligations

If we plan to permanently discontinue the Service, we will:

  • Provide at least 30 days' advance notice via email
  • Maintain the Service operational for an additional 6 months after the shutdown announcement (the "Wind-Down Period") to allow users to use remaining credits
  • Offer prorated refunds for unused subscription time (calculated from the shutdown date)
  • Offer refunds for unused purchased credits (pro-rated based on usage)

14.3 Emergency Shutdown

In cases of emergency shutdown (security breach, legal issues, insolvency, or force majeure), we may not be able to provide the full Wind-Down Period. In such cases, we will make commercially reasonable efforts to provide notice and issue refunds, but cannot guarantee it.

14.4 Data Export

Since we do not store your uploaded photos or generated images, there is no user data to export upon shutdown. We recommend downloading any generated images you wish to keep as you create them.

15. General Provisions

15.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Notify you via email (to your registered email address)
  • Display a notice on the Platform for 30 days

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription for a prorated refund.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and PFPMaker regarding the Service and supersede all prior agreements and understandings.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to reflect the parties' intention to the extent permitted by law.

15.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of PFPMaker.

15.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

15.6 No Agency

No joint venture, partnership, employment, or agency relationship exists between you and PFPMaker as a result of these Terms or your use of the Service.

15.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.8 Language

These Terms are provided in English. Any translations are provided for convenience only. In case of conflict between the English version and a translation, the English version shall prevail.

16. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Company: Logopony OÜ Registry Code: 14402347 Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia Email: [email protected] Support: [email protected] Website: https://pfpmaker.com

We will respond to all inquiries within 5 business days.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

You also acknowledge that these Terms, together with the Privacy Policy, constitute the complete and exclusive agreement between you and PFPMaker concerning your use of the Service.