Terms of Service

1. Service Description

Modoface provides an AI-powered service that generates professional headshots from photographs you upload. The service includes AI headshot generation, image storage and management, album organization and sharing, and a credit-based usage system.

2. Account Registration

Eligibility

You must be at least 16 years old to use Modoface. By registering, you represent that you meet this requirement.

Account Responsibilities

You are responsible for: maintaining the confidentiality of your account credentials, all activities that occur under your account, providing accurate and current information, and notifying us immediately of unauthorized access.

Account Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, or abuse the service or other users.

3. Biometric Data Consent

By uploading photographs to Modoface, you explicitly consent to: processing of your biometric data (facial photographs), sending your photographs to our AI service providers for headshot generation, and storage of uploaded and generated images.

Withdrawal of Consent

You may withdraw consent for biometric processing at any time through your account settings. Upon withdrawal, all your uploaded photographs and generated images will be permanently deleted, and you will be unable to upload photos or generate headshots until you consent again. Your account, profile, and any remaining credits will be preserved. This process is irreversible.

Third-Party Photos

You represent and warrant that you have the right to upload any photos you submit, you have obtained explicit consent from any individuals depicted for biometric processing, and you will not upload photos of minors without parental consent.

4. Acceptable Use

Permitted Use

You may use Modoface for generating professional headshots for personal use, creating headshots for business profiles, and sharing generated images as permitted by your plan.

Prohibited Use

You may NOT use Modoface to: generate images of individuals without their consent, create deceptive, fraudulent, or misleading content, produce illegal, harmful, or offensive material, impersonate others or create fake identities, circumvent usage limits or abuse the credit system, reverse engineer or scrape our service, or resell or redistribute the service without authorization.

Content Standards

Uploaded photos must NOT contain nudity or sexually explicit content, violence or graphic content, hate speech or discriminatory imagery, illegal activity, or content involving minors in inappropriate contexts. We reserve the right to remove content and terminate accounts that violate these standards.

5. Credits and Payments

Credit System

Modoface operates on a credit-based system. Credits are required to generate headshots, costs vary by style and generation type, and credits are non-transferable between accounts (except team plans).

Subscriptions

Subscription plans include a monthly credit allocation. Subscription credits expire 30 days from allocation, unused credits do not roll over (except team plans), and subscriptions auto-renew unless cancelled.

Top-Up Credits

Top-up credits are purchased separately from subscriptions, never expire, and are non-refundable once purchased.

Refunds

Failed generations are automatically refunded. There is no refund for unused subscription periods upon cancellation. For disputes, contact support within 30 days.

EU Consumer Right of Withdrawal

If you are an EU consumer, you have the right to withdraw from a purchase within 14 days without giving a reason. By using credits to generate headshots, you acknowledge that digital content delivery has begun and you consent to the loss of your right of withdrawal for those credits. Unused credits remain eligible for the 14-day withdrawal period.

6. Intellectual Property

Your Content

You retain ownership of photographs you upload and generated images created from your photos. You grant Modoface a limited license to process your content to provide the service and store your content as necessary for service operation.

Our Service

Modoface and its original content, features, and functionality are owned by Kynn LLC and protected by copyright, trademark, and other intellectual property laws.

AI-Generated Content

Generated images are created using AI technology. You acknowledge that similar outputs may be generated for different users using similar inputs, we do not claim copyright over AI-generated outputs, and you are responsible for your use of generated images.

7. Privacy

Your use of Modoface is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information, including biometric data.

8. Disclaimers

Service Availability

Modoface is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service, specific results or quality of generated images, or compatibility with all devices or browsers.

No Warranty

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

AI Limitations

AI-generated content may contain imperfections or artifacts, may not meet your expectations, and may vary in quality based on input photos.

9. Limitation of Liability

Liability Cap

To the maximum extent permitted by law, Modoface's total liability shall not exceed the greater of: the amount you paid us in the 12 months preceding the claim, or $100 USD.

Exclusions

We are not liable for indirect, incidental, special, or consequential damages, loss of profits, data, or business opportunities, damages resulting from unauthorized access to your account, or third-party actions or content.

Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify and hold harmless Modoface, its officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys' fees) arising from your use of the service, your violation of these Terms, your violation of third-party rights, or content you upload or generate.

11. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Informal Resolution

Before filing a formal dispute, you agree to contact us at support@modoface.com to attempt informal resolution.

Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court, small claims court actions are permitted, and this arbitration provision does not apply where prohibited by applicable law, including for EU/UK consumers who retain the right to bring claims in their local courts.

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class-wide arbitration. This waiver does not apply where prohibited by applicable law.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email, prominent notice on our website, or in-app notification. Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the service.

13. Termination

By You

You may terminate your account at any time through account settings. Upon termination, your data will be deleted per our Privacy Policy, unused credits are forfeited, and you remain responsible for any outstanding payments.

By Us

We may terminate or suspend your account immediately if you violate these Terms. We may also discontinue the service with 30 days notice.

Survival

Sections 6, 8, 9, 10, and 11 survive termination.

14. General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modoface. If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce any right does not waive that right. You may not assign these Terms; we may assign our rights and obligations in connection with a merger, acquisition, or sale of assets, with notice to you. Any assignment involving the transfer of biometric data to a new data controller will require your renewed consent. We are not liable for delays or failures due to circumstances beyond our reasonable control.

15. Contact Us

Legal Entity: Kynn LLC d/b/a Modoface

Contact: support@modoface.com