Terms of Service

1. About These Terms

These Terms of Service ("Terms") govern your use of the website at aura-archive.com and all related services ("Service") operated by [Aura & Archive LLC] ("Aura & Archive," "we," "us," or "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

Questions? Email us at hello@aura-archive.com.

2. Eligibility and Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older. We do not knowingly serve minors. If we learn that a user is under 18, we will terminate the account and delete associated data.

The Service generates portraits of adult subjects only. Photos you upload must depict adults (age 18 or older). You must not upload photos in which a minor is the primary or identifiable subject.

3. Your Uploaded Content

You retain ownership of all photos you upload ("Source Photos"). By uploading a Source Photo, you grant [Aura & Archive LLC] a limited, non-exclusive, royalty-free license to transmit the image to our AI processing partners solely for the purpose of generating your portrait and fulfilling your order. This license ends when your session data is deleted in accordance with our Privacy Policy.

You represent and warrant that:

• You are the subject of the uploaded photo, or you own the rights to it, or you have obtained the express written consent of every identifiable adult person depicted in it.
• No minor is the primary or identifiable subject of the photo.
• The photo does not depict deceased persons without the authorization of the legal next of kin.
• The photo does not contain illegal, harmful, or sexually explicit content.
• Uploading and processing the photo does not violate any applicable law or the rights of any third party.

We reserve the right to refuse processing of any photo that, in our sole judgment, violates these representations or our Acceptable Use policy below.

4. AI-Generated Portraits and Likeness

Portraits are generated using OpenAI's image API and are stylized artistic interpretations, not photorealistic reproductions. AI generation involves inherent variability; outputs may not perfectly resemble the subject ("likeness drift"). You acknowledge and accept this characteristic of AI-generated artwork.

To help you achieve a satisfying result, we provide 5 free regenerations per session at no additional charge. If you exhaust your free regenerations, you may purchase additional regenerations or close the session. Regeneration credits are non-transferable and expire with the session.

For all-over-print (AOP) apparel orders, you must explicitly approve your portrait before checkout. Once you approve and submit payment for an AOP order, production begins immediately and the order cannot be cancelled or refunded for preference reasons. Please refer to our Refund Policy for full details.

5. Intellectual Property in Generated Portraits

Upon completing a paid purchase, [Aura & Archive LLC] grants you a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the purchased portrait for personal or commercial purposes, subject to the restrictions below.

You may not:

• Resell the portrait as a standalone digital file or sublicense it to third parties for resale.
• Represent the portrait as human-made artwork for deceptive commercial purposes.
• Use the portrait in a manner that violates the rights or dignity of any depicted person.

Unpurchased watermarked preview images are for evaluation only. Downloading, reproducing, or distributing watermarked previews is prohibited.

6. Orders and Payment

• All prices are in US dollars. Taxes and shipping are calculated at checkout.
• Payments are processed securely by Stripe, Inc. We do not store payment card data on our servers.
• Digital downloads are delivered via email immediately after payment confirmation.
• Physical products are produced and shipped by our fulfillment partners — Prodigi (prints, framed canvas, mugs, phone cases) and Printful (AOP apparel) — within their published production timelines.
• Domestic orders over $75 qualify for free standard shipping. International shipping rates apply to all orders shipped outside the United States.
• An order confirmation does not guarantee availability. If a product or format becomes unavailable after your order, we will contact you to offer an alternative or a full refund.

7. Refunds and Returns

Our full Refund Policy is published at aura-archive.com/refund-policy and is incorporated into these Terms by reference. Key provisions:

• Digital products: Full refund available at any time before you approve the final portrait. Non-refundable once the approved file is delivered.
• AOP apparel: No refund after approval and checkout. Production is custom and begins immediately upon order confirmation.
• All other physical products: Defects, damage in transit, or fulfillment errors reported within 30 days of delivery qualify for a free reprint or full refund at our discretion.

8. Acceptable Use

You agree not to:

• Upload photos depicting minors, non-consensual subjects, or deceased persons without authorized consent.
• Upload images containing illegal, obscene, or sexually explicit content.
• Attempt to circumvent watermarks, download protections, or generation limits.
• Use automated tools, bots, or scripts to mass-generate or scrape portraits.
• Use the Service to create content that harasses, defames, or harms an identifiable person.
• Misrepresent AI-generated artwork as human-made fine art for deceptive commercial purposes.
• Attempt to extract, reverse-engineer, or probe the AI model or underlying generation infrastructure.

Violation of this section may result in immediate account termination and, where conduct is unlawful, referral to appropriate authorities.

9. Privacy

Our Privacy Policy, available at aura-archive.com/privacy, describes how we collect, use, and protect your personal information, including how we handle face image data and your rights under GDPR and CCPA/CPRA. The Privacy Policy is incorporated into these Terms by reference.

10. Charity Contribution

[Aura & Archive LLC] donates 10% of net profits to a charitable organization to be named on our website. This commitment is voluntary and does not create any obligation or right on the part of customers. The selected charity may change from time to time at our discretion.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated outputs will meet your expectations.

AI image generation is a probabilistic process. We make no guarantee that generated portraits will achieve a specific likeness, style accuracy, or aesthetic outcome.

12. Limitation of Liability

To the maximum extent permitted by applicable law, [Aura & Archive LLC] and its officers, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising out of or related to your use of the Service.

Our total aggregate liability to you for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the 90 days preceding the claim.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of [TBD — counsel to confirm state of incorporation/operation], without regard to conflict of law principles.

Before initiating any formal dispute, you agree to contact us at hello@aura-archive.com and give us 30 days to resolve the issue informally.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will also provide notice by email to registered users at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Contact

For questions about these Terms, contact us at hello@aura-archive.com or by mail at [Aura & Archive LLC], [Address TBD].