Fey

Terms of Use

Last updated: {{EFFECTIVE_DATE}}

Important Notice Regarding Paid Features and Automatic Renewals

Where paid features are offered, the Service may include subscriptions that renew automatically. Before you begin a trial, accept an introductory offer, or complete any purchase, please read these Terms of Use (the "Terms") carefully, and in particular Section 6. If a subscription renews automatically, you must cancel it before the end of your trial period or current billing cycle to avoid being charged. By purchasing an automatically renewing subscription, you confirm that you understand and accept its recurring nature as described at the point of purchase. If you do not cancel in time, the subscription will renew and the applicable fee will be charged.

Where you have started a trial or purchased a subscription directly through our website, cancellation and refund requests are handled by us; please contact {{SUPPORT_EMAIL}}.

Closing your browser, clearing your data, or ceasing to use the Service does not cancel a subscription, trial, or introductory offer. If you intend to cancel, follow the cancellation steps described in Section 6. You may wish to keep a copy of this notice for your records.

Our handling of personal information, including any photo you choose to upload, is described in our Privacy Policy. Please review it to understand how we collect, use, and share your personal data.

Dispute Resolution Notice

Section 12 of these Terms governs how disputes between you and {{LEGAL_NAME}} are resolved, including the law that applies, the venue in which disputes are heard, and an informal resolution step that applies before any formal claim is brought. Please read that Section carefully, as it may affect your legal rights.

Table of Contents

  1. Acceptance of Terms
  2. Important Disclaimers
  3. Account Registration
  4. Use of the Service
  5. Third-Party Services, Materials, and Advertising
  6. Fees, Payments, Subscriptions, and Refunds
  7. User Representations and Restrictions
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Indemnification
  11. International Use
  12. Dispute Resolution and Governing Law
  13. Regional Provisions
  14. Limitation on Claims Period
  15. Termination
  16. Miscellaneous
  17. Contact Information

1. Acceptance of Terms

These Terms govern the relationship between you and {{LEGAL_NAME}}, with its registered address at {{LEGAL_ADDRESS}} ("we", "us", "our", or the "Company"), concerning your use of the Fey website available at yourfey.com and the related online services we provide (collectively, the "Service"), including all text, graphics, images, illustrations, software, and other material made available through the Service (the "Content").

By accessing or using any part of the Service, clicking "I agree", ticking a box, submitting quiz answers, or otherwise indicating your acceptance through any mechanism presented in the Service, you confirm that you have read, understood, and agree to be bound by these Terms, which form a legally binding agreement between you and the Company. If you do not agree, you must stop using the Service immediately, delete any account you hold, and cancel any active subscription.

These Terms were drafted in English. Any translation is offered for convenience only. If a translated version conflicts with the English version, the English version prevails.

Additional Terms and Policies

Our Privacy Policy forms part of these Terms and explains how we collect, use, and protect your personal data. We may also publish supplemental terms, policies, or notices within the Service from time to time. Those documents are incorporated into these Terms by reference and apply to your use of the Service.

Changes to These Terms

We may amend, add to, or remove parts of these Terms at our discretion, to the extent permitted by applicable law. We may do so, for example, when we introduce or withdraw features or technologies, when legal, regulatory, or contractual requirements change, or in response to exceptional or unforeseen circumstances. Where the law requires it, we will notify you of such changes.

Unless stated otherwise, we will signal an update by revising the "Last updated" date at the top of these Terms. You are responsible for reviewing the Terms periodically. Unless otherwise specified, updated Terms take effect when posted on the Service. By continuing to use the Service after an update takes effect, you accept the revised Terms. If you do not accept them, you must stop using the Service, delete your account, and cancel any subscription.

Changes to the Service

We may update, modify, suspend, or discontinue the Service, or any part, content, or feature of it, at any time without notice and without liability to you or to any other person. We may do so, for example, to test or launch new features, to repair or improve the Service, to satisfy legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances. Some features may not be available in every country, language, browser, or device.

2. Important Disclaimers

Description of the Service

Fey offers an online quiz experience. Based on the answers you give and, where you choose to provide one, a photo of your face, the Service generates a personalised "Soulmate Portrait" consisting of an illustrated drawing and accompanying personality insights (the "Portrait"). The Portrait is delivered digitally through the Service or to the email address you provide. The Portrait is an artistic and interpretive creation and does not depict, identify, or predict any real person.

Entertainment Purposes Only. No Legal, Health, Financial, or Other Professional Advice

The Service is provided solely for entertainment purposes. The Portrait, the personality insights, and any other information made available through the Service are not scientific and must not be treated as fact. Nothing in the Service constitutes, substitutes for, or should be relied upon as professional advice of any kind, including psychological, medical, legal, financial, relationship, or other regulated professional advice. If you are experiencing a personal crisis or need professional help, we strongly encourage you to contact a qualified professional in the relevant field.

Nature of Generated Content

The drawing and insights contained in your Portrait are produced by automated and creative processes using the information you provide. Any resemblance between the Portrait and a real individual is coincidental. We do not represent that any person matching the Portrait exists, that you will meet such a person, or that any relationship outcome will follow from your use of the Service.

No Guarantee of Outcomes or Service Performance

The Company makes no representations, warranties, or guarantees regarding the accuracy, reliability, or outcome of the Service. Any insights offered through the Service are intended to help you reflect and make your own decisions; the Company is not responsible for any personal choices or actions you take as a result. The Company expressly disclaims liability for any action taken or not taken in reliance on the Service.

We do not guarantee that the Service will meet your requirements, that it will be uninterrupted, timely, secure, or free of errors, or that the quality of any product, content, or information obtained through the Service will meet your expectations or deliver any particular benefit.

3. Account Registration

Creating an Account

To access certain features of the Service, you may need to register an account ("Account") or provide an email address, and you must supply accurate and complete information when doing so.

Your Responsibilities

By creating an Account or providing your details, you represent and warrant that: (1) the information you provide is true, accurate, and current; (2) you will update that information as needed to keep it accurate; and (3) your use of the Service complies with all applicable laws, regulations, and these Terms. If you fail to provide or maintain accurate information, the Service may not function properly and we may be unable to deliver your Portrait or notify you of important updates.

Age Restriction

The Service is intended for adults aged 18 and over. By using the Service or creating an Account, you confirm that you are at least 18 years old and have the legal capacity to enter into and comply with these Terms. If you are under 18, you must not use the Service. We do not knowingly collect information from, or deliver Portraits to, anyone under 18.

Account Suspension or Termination

We may suspend or terminate your Account and restrict your access to the Service at our discretion, with or without notice, if we determine that you have breached these Terms or any applicable law. This includes providing false, misleading, or incomplete information, or engaging in fraudulent, abusive, or unauthorised activity. Termination may result in loss of access to your data, your Portrait, or other benefits associated with the Service, and we are not responsible for any consequences of such action.

Account Security

You are responsible for keeping your Account credentials confidential and for all activity that occurs under your Account. Do not share your login details with anyone, as you bear full responsibility for actions taken through your Account. If you suspect unauthorised access or a security breach, notify us immediately at {{SUPPORT_EMAIL}}. We are not liable for any loss, unauthorised transaction, or damage that results from access to your Account caused by your failure to protect your credentials. You are responsible for using secure passwords and taking reasonable precautions against unauthorised access.

4. Use of the Service

Ownership and Intellectual Property

The Service, including its software, design, text, images, illustrations, logos, trademarks, and all other Content, remains the exclusive property of the Company or its licensors. Using the Service does not transfer to you any ownership of intellectual property rights beyond what these Terms expressly grant. You may not copy, modify, distribute, sell, reverse-engineer, decompile, or disassemble any part of the Service unless expressly permitted.

License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license permits use of the Service and of any Portrait delivered to you solely for your own personal enjoyment on your personal devices. It does not permit sublicensing, resale, modification, or any other unauthorised use. Any breach of these Terms may result in immediate suspension or termination of your access.

Your Portrait

Subject to these Terms and to payment of any applicable fees, you may download, save, and share your Portrait for personal, non-commercial purposes. You may not sell, license, or use your Portrait commercially, present it as the work of another person, or remove any brand marks or notices included in it.

User-Generated Content

The Service may allow you to submit text, quiz answers, images (including an optional photo of your face), messages, feedback, and other material ("User Content"). By submitting User Content, you grant the Company, its sublicensees, successors, and assigns a royalty-free, worldwide, perpetual, irrevocable, sublicensable, and assignable license to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, and create derivative works from that content, in any form, medium, or technology now known or later developed, for the purposes of operating, providing, analysing, and improving the Service. This license does not extend to personal data as defined under applicable privacy law, which is handled in accordance with our Privacy Policy. In particular, any photo you upload is processed only as described in the Privacy Policy and is not used for marketing without your separate consent.

User Reviews and Testimonials

If you submit, post, or otherwise provide any review, rating, comment, testimonial, or other feedback about the Service ("Review"), whether on our website, on social media, on a third-party review platform, or directly to us, you grant the Company and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works from that Review for any lawful purpose, including marketing, advertising, promotion, product development, and customer engagement, in any media now known or later developed, without further notice, attribution, or compensation.

You acknowledge and agree that:

If you wish to have a Review you submitted removed, contact us at {{SUPPORT_EMAIL}}.

User Responsibilities and Rights

You retain ownership of the User Content you submit, subject to the license granted above. By submitting User Content, you represent and warrant that you own it or hold all rights and permissions necessary to grant that license, that the content does not infringe any third party's intellectual property, privacy, publicity, or contractual rights, and that any third-party rights in the content, including moral rights, have been lawfully waived or granted to you. In particular, you confirm that any photo you upload depicts you and that you have the right to submit it. The Company and its successors may use User Content without compensating you.

Once submitted, User Content may remain accessible even after you remove it. If you wish to revoke the license for specific User Content, contact us at {{SUPPORT_EMAIL}}; prior uses of the content will not be affected. The Company is not responsible for storing or preserving copies of removed User Content and is not liable for any loss arising from its removal.

Content Moderation and Restrictions

The Company does not actively monitor User Content but reserves the right to review, edit, remove, or restrict it at its discretion. This applies particularly to content that is offensive, unlawful, defamatory, or misleading; infringes third-party intellectual property, privacy, or contractual rights; promotes harm, violence, harassment, or illegal activity; or disrupts the functionality, security, or reputation of the Service. The Company assumes no liability for the accuracy or legality of User Content submitted by others.

Prohibited Conduct

You agree not to use the Service to distribute unlawful, deceptive, or harmful content; to impersonate another person or misrepresent your affiliation; to upload photos of people other than yourself without their consent; to reverse-engineer, decompile, disassemble, extract, or manipulate any part of the Service; or to interfere with the security, availability, or integrity of the Service. Breach of these Terms may result in immediate suspension or termination of your access and in legal consequences.

Service Availability and Modifications

The Company may modify, update, interrupt, suspend, or discontinue any aspect of the Service at any time without notice and without liability. You acknowledge that various actions on our part may prevent or impair your access to the Service for limited periods or permanently, and you agree that the Company bears no responsibility for the consequences, including the deletion of, or failure to make available, any Content or Portrait. Certain features may not be available in every region or on every device. If a modification affects your use of the Service, you may cancel any subscription or delete your account.

You are solely responsible for obtaining the equipment and internet connectivity needed to access the Service, and for any associated fees charged by your providers.

Risks and Disclaimer of Liability

You use the Service at your own risk. The Company does not guarantee the accuracy, reliability, or fitness of any Content. We are not responsible for loss of data, device malfunction, or technical failure; for any reliance on insights or suggestions provided through the Service; or for personal injury, financial loss, emotional distress, or legal claims arising from your use of the Service.

Customer Support

Customer support is provided at the Company's discretion. Although we aim to assist users, we are not obliged to provide support or respond to every inquiry. If you need help, contact {{SUPPORT_EMAIL}} and we will respond as soon as reasonably practicable.

5. Third-Party Services, Materials, and Advertising

The Service may integrate, link to, or display content from third-party services, websites, software, advertisements, and other materials ("Third-Party Services" and "Third-Party Materials"), including external links, embedded content, and material contributed by third parties. Although such features may be reachable through the Service, the Company does not control and is not responsible for the content, functionality, or policies of any Third-Party Service.

No Endorsement or Responsibility

By using the Service, you acknowledge that the Company does not endorse, verify, or take responsibility for the accuracy, legality, quality, or reliability of any Third-Party Service or Third-Party Material. Some such content may be objectionable, offensive, or misleading, and the Company is not liable for your exposure to it. Any interaction, transaction, or agreement you enter into with a third party through the Service is solely between you and that third party, and the Company has no responsibility for disputes, losses, or issues arising from it.

Third-Party Links and Advertising

The Service may contain advertisements, sponsored content, or links to third-party websites not owned or controlled by the Company. Following a link or engaging with an external service does not create any endorsement, affiliation, or sponsorship between the Company and the third party. You engage with such content at your own risk and are responsible for reviewing and complying with the third party's terms, policies, and privacy practices. The Company disclaims liability for how third parties collect, process, or use your data.

No Liability for Third-Party Content

The Company does not monitor, evaluate, or guarantee the accuracy, completeness, or legality of Third-Party Materials. To the fullest extent permitted by law, the Company makes no warranties regarding third-party content and disclaims liability for any loss, damage, or harm resulting from your reliance on or use of it. Third-Party Materials may be outdated, misleading, or otherwise unreliable, and you assume full responsibility for any decision based on them.

Use of Third-Party Services at Your Own Risk

Accessing Third-Party Services through the Service is voluntary. You assume all risks associated with third-party content, including malware, phishing, and deceptive practices. The Company is not responsible for technical issues, disputes, or damages arising from your use of Third-Party Services, and you waive any claim against the Company relating to your interaction with third-party content, advertisements, or external links.

If you encounter harmful, misleading, or offensive third-party content while using the Service, you may report it to {{SUPPORT_EMAIL}}. The Company is not obliged to investigate, remove, or act on such content unless required by law.

6. Fees, Payments, Subscriptions, and Refunds

This Section applies where paid features are offered through the Service and governs all purchases made through it, including one-time purchases of a Portrait or related digital content and any subscription plans we may offer. Where no paid features are currently offered, this Section applies from the moment any such feature becomes available.

Pricing and Payment Authorisation

Where paid features are offered, the applicable fees, billing terms, and durations (for example, one-time, weekly, monthly, quarterly, or annual) will be displayed on the payment screen or at checkout before you authorise payment. You agree to pay the applicable fees and any related taxes as they fall due, and you authorise us and our payment processors to charge the payment method you provide. Pricing may vary by region, bundle, and duration. Certain limited features may be available free of charge, while full access to the Portrait or other premium content may require payment.

Purchases and Payment Processing

After completing the quiz, you may be presented with available purchase options, their prices, durations, and accepted payment methods. By selecting an option and authorising payment, you instruct the applicable payment processor to charge your chosen payment method. Once payment is confirmed, you will receive access to the purchased content. Payments are handled by third-party payment processors, which you authorise to charge your payment method; those processors handle the transaction and notify us of successful payments. We do not store your full card details.

Digital Delivery

Portraits and other purchased content are delivered digitally through the Service or to the email address you provide. You are responsible for providing a correct and accessible email address. If you do not receive your content within the time indicated at purchase, contact {{SUPPORT_EMAIL}}.

Subscriptions, Auto-Renewal, and Cancellation

Where a subscription is offered, it renews automatically unless cancelled. The renewal period matches the initial subscription term unless otherwise stated at the time of purchase. To avoid renewal, you must cancel before the renewal date.

By subscribing, you acknowledge that charges will be applied periodically according to the billing cycle you select. The renewal rate will not exceed the rate for the immediately preceding subscription period, excluding any introductory or discounted pricing, unless we notify you of a change before the renewal.

You authorise us and our payment processors to store your payment account information, including any updates, and to use it in connection with your subscription as described in the applicable offer. We may verify your payment method with a small temporary charge, which will be reversed within a reasonable period.

Cancellation must be completed through your account settings on the website, by following the cancellation instructions provided at purchase, or by contacting {{SUPPORT_EMAIL}}. If you cancel, your access to paid features remains active until the end of the current subscription period, after which it ends; you retain access to any free features.

Add-On Items and Additional Content

In addition to a Portrait or subscription, you may be offered add-on items such as extended reports, additional illustrations, or supplementary digital content. Add-ons may be one-time purchases or recurring charges. Cancelling a primary subscription also cancels any associated recurring add-ons, but cancelling an add-on alone does not affect the primary subscription.

Free Trials and Promotional Offers

We may offer a free trial or an introductory offer on the terms specified when you sign up. A free trial gives you access to the Service for a limited period; an introductory offer gives you access at a reduced rate for a limited period. Unless you cancel before the trial or introductory period ends, or unless otherwise stated, your access will continue automatically and you will be billed the applicable fee. You are responsible for knowing when the trial or introductory period ends. We may modify or terminate any trial or introductory offer, your access during that period, or these related terms at any time without notice and without liability, and we may limit your ability to take advantage of multiple trials or offers.

Promotional Codes

We may issue promotional codes that can be redeemed for specific features, content, or discounts for a limited time and subject to eligibility requirements ("Promotional Codes"). Promotional Codes have no cash value, are personal and non-transferable, may not be sublicensed, and we are not obliged to provide any compensation in connection with them.

Changes to Fees

To the extent permitted by law, we may change our fees at any time. Where notice is legally required, we will inform you of pricing changes in the manner and within the time required. Where no specific requirement applies, we will give notice by posting the updated prices on the website, by email, or by other prominent means. Revised pricing takes effect as stated in the notice. If you do not agree to the new fees, you may cancel your subscription before they take effect or refrain from making further purchases.

Failure to Pay

If a payment is declined or not received when due, we may ask you to update your payment method. If the issue is not resolved, we may suspend or terminate your access to paid features without further notice. Any content, data, or personalised settings associated with your Account may be lost, and we are not responsible for restoring them.

Refunds

Unless otherwise specified in a separate refund policy published on the Service or required by applicable law, all purchases are final and non-refundable. Because Portraits are personalised digital content created to your specifications and delivered immediately, you acknowledge that, to the extent permitted by law, any statutory right of withdrawal may be lost once delivery has begun with your consent. To check your eligibility for a refund, contact {{SUPPORT_EMAIL}}.

Chargebacks and Payment Disputes

If you wish to request a refund for a payment made by a reversible method such as a credit or debit card, we strongly encourage you to contact {{SUPPORT_EMAIL}} before initiating a chargeback with your payment provider, so that we have the opportunity to review and resolve your request directly.

Refunds, where granted, are not processed instantly; once confirmed, please allow a reasonable period for the refund to appear in your account. You agree that you are not entitled to multiple refunds for the same transaction and that, if you request a refund from us, you will not also initiate a separate refund request or chargeback through your payment provider unless we have denied your request. If duplicate refunds are issued, we may work with your payment provider to reverse one of them.

Initiating a chargeback or reversing a payment through your bank or payment provider may result in immediate termination of your Account at our discretion. If a chargeback is resolved in our favour, you may contact {{SUPPORT_EMAIL}} to discuss reinstatement. As described in our Privacy Policy, your personal information may be shared with our payment processor to respond to chargeback requests. Fraudulent or improper chargebacks may result in a permanent ban from the Service and possible legal action.

Taxes

You agree to pay all taxes and similar charges, including sales tax, use tax, value-added tax (VAT), and goods and services tax (GST), imposed by any government on your purchases. If we do not collect taxes at the time of purchase, we may collect them later using the same payment method, with written notice explaining the charge. We may also recover any penalties or interest imposed on your transactions where they result from your fault, for example because you supplied a false address or tax status.

7. User Representations and Restrictions

By accessing or using the Service, you confirm that:

If any information you provide is false, misleading, outdated, or incomplete, we may deny or terminate your current or future access to the Service.

Permitted Use of the Service

The Service is made available for its intended purposes only. You may not use it for any unauthorised, commercial, or competitive activity unless we have expressly approved it.

Prohibited Conduct

You agree not to engage in any of the following while using the Service:

If we reasonably determine that you have breached any of these restrictions, we may suspend or terminate your access to the Service or take other measures to prevent further violations, including removing offending content or users. We will make commercially reasonable efforts to notify you without undue delay after taking protective action.

Respectful Conduct Towards Customer Support

We expect users to interact with our support team respectfully and professionally. If your communication or behaviour is harassing, abusive, threatening, or offensive, we may terminate your Account immediately.

8. Disclaimer of Warranties

General Disclaimers

EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, THE PORTRAIT, AND ANY OTHER PRODUCT OR CONTENT PROVIDED THROUGH THE SERVICE ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY OF CONTENT OR DATA.

IN PARTICULAR, WE DO NOT WARRANT THAT:

ANY MATERIAL, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.

WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULT FROM USING THE SERVICE. BY USING THE SERVICE, YOU ACCEPT THE INHERENT RISK OF SERVICE INTERRUPTIONS, TECHNICAL FAILURES, AND POTENTIAL DATA LOSS.

Service Modifications and Updates

We may update, modify, or discontinue any aspect of the Service, including features, content, and availability, at any time, with or without notice. This includes changes to:

We are not responsible for any loss or inconvenience resulting from modification, suspension, or discontinuation of any part of the Service.

Consumer Protection and Non-Waivable Rights

Nothing in these Terms excludes or limits any consumer right that cannot be waived under applicable law. If you are entitled to statutory rights under the laws of your country of residence, those rights are unaffected by these disclaimers.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY PORTRAIT, OR ANY THIRD-PARTY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE WEBSITE, CONTENT, AND USER CONTENT) AND ANY THIRD-PARTY CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICE.

Limitation of Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY PORTRAIT, OR ANY CONTENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF GREATER, ONE HUNDRED (100) UNITS OF THE CURRENCY IN WHICH YOU PAID.

THESE LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. WITHOUT THEM, WE WOULD NOT BE ABLE TO OFFER THE SERVICE ON THESE TERMS.

Waiver of Unknown Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE BENEFIT OF ANY STATUTE OR RULE OF LAW THAT WOULD OTHERWISE LIMIT A GENERAL RELEASE TO CLAIMS THAT YOU KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF THE RELEASE. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE PRESENTLY UNKNOWN OR UNSUSPECTED.

Jurisdiction-Specific Exceptions

SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF ANY PART OF THESE LIMITATIONS IS FOUND UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINING LIMITATIONS CONTINUE TO APPLY TO THE MAXIMUM EXTENT PERMITTED.

IF ANY REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL OTHER LIMITATIONS OF LIABILITY CONTINUE TO APPLY. ADDITIONAL CONSUMER RIGHTS MAY APPLY DEPENDING ON YOUR JURISDICTION. NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, parent companies, officers, employees, agents, partners, licensors, contractors, successors, and assigns (each an "Indemnitee") from and against any losses, damages, liabilities, claims, demands, judgments, settlements, penalties, fines, costs, and expenses of any kind, including reasonable legal and professional fees, arising directly or indirectly from:

The Company may assume full control of the defence, negotiation, and settlement of any claim for which you are required to indemnify us. You agree to cooperate fully with our defence and acknowledge that we have sole discretion to choose legal counsel and strategy. You may not settle any claim that imposes liability or obligations on the Company without our prior written consent.

11. International Use

The Company makes no representation that the Service is accessible, appropriate, or lawfully available in your jurisdiction, and access from any territory where the Service would be unlawful is prohibited. You access the Service on your own initiative and are responsible for compliance with local law.

12. Dispute Resolution and Governing Law

PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED.

Scope

A "Dispute" means any claim, controversy, or legal action between you and the Company, whether arising from past, present, or future events and whether based on contract, tort, statute, or otherwise, that relates to the Service, any Portrait, or these Terms, including disputes about the interpretation, applicability, enforceability, or formation of these Terms.

Informal Resolution First

You and the Company agree that good-faith informal efforts usually produce faster and less costly outcomes. Before bringing any formal claim, you must send the Company a written notice of the Dispute (a "Notice") to {{LEGAL_ADDRESS}}, marked for the attention of the Legal team, with a copy to {{SUPPORT_EMAIL}}. The Notice must include:

The Notice must concern only your own Dispute. If you submit a Notice on behalf of another person, you must also describe your relationship to that person and explain why they cannot submit it themselves. If the Company wishes to raise a Dispute with you, it will send a Notice containing the equivalent information to the email address associated with your Account.

Following receipt of a Notice, the parties will attempt in good faith to resolve the Dispute informally for a period of at least sixty (60) days. Either party may request a telephone or video conference during that period. Any applicable limitation period is paused while the informal resolution process is ongoing. If the Dispute is not resolved within that period, either party may proceed as described below.

Governing Law

These Terms, and any Dispute arising out of or in connection with them or with the Service, are governed by the laws of {{GOVERNING_LAW}}, without regard to its conflict-of-law rules. If you are a consumer, you also benefit from any mandatory provisions of the law of the country in which you reside that cannot be excluded by agreement.

Venue

Subject to the informal resolution step above and to any mandatory consumer protections that apply to you, any Dispute that is not resolved informally shall be brought exclusively in {{DISPUTE_VENUE}}, and you and the Company submit to the jurisdiction of that venue. Where applicable law gives you the right to bring a claim in the courts of your country of residence, nothing in this Section removes that right.

Individual Basis

To the fullest extent permitted by applicable law, you and the Company agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Where this limitation is not permitted under the law that applies to you, it does not apply.

Confidentiality of Dispute Proceedings

To the extent permitted by law, the parties will keep the existence and content of any Dispute, Notice, and related negotiation confidential, except as needed to enforce a resolution or as required by law.

Severability of This Section

If any part of this Section 12 is found to be unenforceable, that part will be severed and the remainder of this Section will continue to apply.

13. Regional Provisions

For Residents of the European Economic Area and the United Kingdom

If you reside in the European Economic Area or the United Kingdom, you have statutory rights as a consumer that these Terms do not restrict. In particular, where you purchase digital content and expressly consent to immediate delivery, you acknowledge that your right of withdrawal may be lost once delivery has begun. You may also have access to alternative dispute resolution bodies in your country. Nothing in these Terms affects your right to bring proceedings in the courts of your country of residence or to rely on mandatory consumer protection law.

For Residents of Other Jurisdictions

If your country or state of residence provides consumer rights or remedies that cannot be waived, those rights apply notwithstanding anything in these Terms, and any provision in conflict with them applies only to the extent permitted.

14. Limitation on Claims Period

To the extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the cause of action arises; otherwise the claim is permanently barred. This limitation does not apply where mandatory law prescribes a longer period.

15. Termination

These Terms remain in effect while you use the Service. You may stop using the Service at any time by deleting your Account and cancelling any active subscription. We may suspend or terminate your access to the Service, or any part of it, at any time, with or without notice, for any breach of these Terms or where we reasonably believe it necessary to protect the Service, other users, or the Company. Upon termination, the license granted to you ends, and you must cease using the Service; provisions of these Terms that by their nature should survive, including Sections 2, 4 (as to intellectual property and User Content), 6 (as to amounts owed), 8, 9, 10, 12, 14, and 16, continue to apply.

16. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms published on the Service, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements or understandings.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation, or sale of assets, without notice to you.

Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of government, labour disputes, failures of internet or telecommunications infrastructure, or outages of third-party providers.

Notices

We may provide notices to you by email to the address associated with your Account, by posting within the Service, or by other reasonable means. Notices to us should be sent to {{SUPPORT_EMAIL}} or to {{LEGAL_ADDRESS}}.

Electronic Communications

By using the Service, you consent to receive communications from us electronically and agree that electronic notices, agreements, and disclosures satisfy any legal requirement that they be in writing.

Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Contact Information

If you have questions about these Terms or the Service, you may contact us: