Terms of Service

1Introduction and Acceptance

Welcome to PortraitVision. This website and its associated services are owned and operated by ProsDigital, LLC and its affiliates (“ProsDigital,” “we,” “us,” or “our”), a limited liability company headquartered at:

ProsDigital provides computer vision solutions powered by machine learning technologies, together with automated marketing services and related tools (collectively, the “Services”). The Services are available through portraitvision.info and portraitvision.net (together, the “Sites”).

2Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting a prominent notice on the Sites; sending an email to the address associated with your account; and/or any other reasonable means of communication.

Changes become effective upon posting unless stated otherwise. Your continued use of the Services after any update constitutes your acceptance of the revised Terms. No amendment to these Terms is valid unless made in writing and signed by an authorized representative of ProsDigital, except as described in this section.

3Eligibility and Account Registration

3.1 Age Requirement

You must be at least 13 years of age to use the Services. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. Use of the Services by anyone under 13 is strictly prohibited.

3.2 Legal Capacity

You represent and warrant that you have the legal capacity to form a binding contract; are not barred from receiving services under applicable law; and are not a person or entity subject to U.S. government sanctions or export restrictions.

3.3 Account Responsibility

When you register for an account, you agree to provide accurate, current, and complete information; maintain and promptly update your account information; keep your credentials strictly confidential; notify ProsDigital immediately at contact@portraitvision.info of any unauthorized use or security breach; and accept full responsibility for all activity that occurs under your account. ProsDigital is not liable for any loss arising from your failure to maintain account security. Account credentials are non-transferable.

4Description of Services

ProsDigital provides a Software-as-a-Service (SaaS) platform that delivers computer vision and machine learning capabilities, including: image recognition, analysis, and classification; automated portrait and visual content processing; API access to ProsDigital’s computer vision infrastructure; account management tools and dashboards; and automated marketing integrations and analytics.

4.1 Infrastructure

The Services are operated from dedicated server infrastructure that ProsDigital controls and maintains, located within the United States.

4.2 Pre-Release and Beta Features

From time to time, ProsDigital may make available features designated as alpha, beta, pilot, limited release, developer preview, or non-production (“Pre-Release Services”). Pre-Release Services are provided for evaluation purposes only, are not supported for production use, may contain bugs or incomplete functionality, may be discontinued at any time, and are the exclusive property of ProsDigital.

5Subscriptions, Billing, and Payments

5.1 Subscription Plans

Access to certain features requires a paid subscription offered on a monthly, seasonal, or annual basis. Pricing and plan details are described in your applicable Order Form, Business Agreement, or the pricing page on the Sites (the “Order”).

5.2 Billing

By subscribing, you authorize ProsDigital or its payment processor to charge your designated payment method for the Subscription Term selected in your Order, and on a recurring basis for each renewal Term, until terminated in accordance with Section 16. All fees are stated in U.S. dollars; non-refundable except as required by law, as expressly provided in Section 16, or as stated in the Order; and exclusive of applicable taxes, which you are responsible for paying.

5.3 Changes to Pricing

ProsDigital may modify pricing at any time with at least 30 days’ prior written notice to active subscribers. Continued use after the notice period constitutes acceptance of the new pricing.

5.4 Late Payments and Suspension

If payment is not received when due, ProsDigital may suspend or terminate access if the amount remains unpaid for ten (10) days after written notice of non-payment.

6Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with this Agreement. You must not:

• (a) Intellectual Property Violations: Infringe, misappropriate, or violate any intellectual property, privacy, or other rights of any person or entity, including ProsDigital.
• (b) Legal Violations: Violate any applicable local, state, national, or international law, including U.S. export control and sanctions laws.
• (c) Harmful Content: Submit or transmit content that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• (d) Account Compromise: Jeopardize the security or integrity of any account, including sharing credentials or impersonating another user.
• (e) Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or related systems or networks.
• (f) Security Circumvention: Violate the security of any computer network, crack passwords, or bypass any technological protection measures.
• (g) Spam and Automation Abuse: Run unauthorized scripts, bots, or processes that place an unreasonable load on the Services.
• (h) Scraping: Crawl, scrape, or otherwise extract data from the Services without ProsDigital’s express written permission.
• (i) Unauthorized Distribution: Resell, sublicense, lease, or transfer the Services to third parties without prior written consent.
• (j) Reverse Engineering: Decompile, disassemble, or reverse engineer any part of the Services.
• (k) AI Model Misuse: Use the Services to build, train, or improve any competing AI or machine learning model without express written permission.
• (l) Discrimination or Bias Exploitation: Use the Services to discriminate against individuals based on protected characteristics or exploit model biases in harmful ways.
• (m) Prohibited Content Involving Minors: Submit, upload, generate, or transmit any image or content that sexually exploits, endangers, or constitutes abuse of any minor, including AI-generated or synthetic content of that nature. Such conduct is a criminal offense under federal and state law and will result in immediate account termination and referral to law enforcement.

7Your Content

7.1 Ownership of User-Submitted Content

You retain all ownership rights to the images, files, and other content you upload or submit to the Services (“Your Content”). ProsDigital does not claim ownership over Your Content.

7.2 License Granted to ProsDigital

By using the Services, you grant ProsDigital a non-exclusive, worldwide, royalty-free, sublicensable license to access, process, analyze, and store Your Content solely to provide and maintain the Services; perform queries and display Your Content within your private account; and log and monitor usage for service improvement, security, and compliance purposes. This license does not permit ProsDigital to sell, share, or publish Your Content to third parties except as described in this Agreement or the Privacy Policy.

7.3 AI-Generated and System-Generated Data

7.4 Privacy of Your Content

Your Content is stored in a private account environment and is not accessible to other users. ProsDigital will not share Your Content with third parties except as required to provide the Services, comply with law, or as described in the Privacy Policy.

7.5 Content You Are Responsible For

You represent and warrant that you own or have all necessary rights to upload Your Content; Your Content does not infringe any third party’s intellectual property, privacy, or other rights; and Your Content complies with all applicable laws, including laws governing the privacy and protection of minors.

7.6 Content Removal

ProsDigital reserves the right to remove or disable access to Your Content at any time if it reasonably determines the content violates this Agreement or applicable law, or upon receiving a valid legal request.

7.7 Data Storage and Retention

ProsDigital does not guarantee permanent storage of Your Content. You are responsible for maintaining your own backups. Upon account termination, Your Content may be deleted within a reasonable period. ProsDigital is not liable for any loss of Your Content.

8Data Security

ProsDigital takes the security of your data seriously and employs industry-standard technical safeguards:

The Services support two methods for submitting images: browser-based uploads over HTTPS using TLS 1.2 or higher, and SFTP (SSH File Transfer Protocol) for bulk or automated image transfers. Both methods encrypt data in transit. All images and associated data stored on ProsDigital’s servers are protected with AES-256 encryption.

No security system is impenetrable. ProsDigital cannot guarantee the absolute security of your data and is not responsible for unauthorized access that occurs despite reasonable security measures. You are responsible for maintaining the security of your account credentials.

9API Usage

If you access the Services via API, you additionally agree to: use API credentials solely for your own account or Organization’s account; not exceed rate limits or quotas assigned to your account; not use the API to build a competing product or service; keep your API keys confidential and notify ProsDigital immediately of any compromise; and comply with any API-specific documentation, guidelines, or terms provided by ProsDigital.

10ProsDigital’s Intellectual Property

Except for Your Content, all materials within the Services — including software, algorithms, machine learning models, System-Generated Data, images, text, graphics, logos, trademarks, and all associated intellectual property rights — are the exclusive property of ProsDigital and its licensors (“ProsDigital Content”).

Nothing in this Agreement grants you any rights in ProsDigital Content beyond the limited license to use the Services as described herein. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from ProsDigital Content.

10.1 Feedback and Ideas

If you submit comments, suggestions, or ideas about the Services (“Feedback”), you grant ProsDigital a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate that Feedback without any obligation or compensation to you.

11Trademark and Logo License

Subject to these Terms, each party grants the other a limited, non-exclusive, non-transferable, revocable license to display the other’s name and logo solely in connection with activities under this Agreement, in accordance with each party’s brand guidelines. Neither party may modify the other’s marks, register or claim rights in them, or represent itself as an affiliate or legal agent of the other. This license terminates automatically upon termination of this Agreement.

12Privacy and Data Protection

ProsDigital is committed to protecting your personal information. The ProsDigital Privacy Policy, available at portraitvision.net/privacy.html, is incorporated into this Agreement by reference.

By using the Services, you consent to the collection and processing of your personal data as described in the Privacy Policy; the transfer and processing of your data within the United States; and the use of cookies as described in the Privacy Policy.

12.1 GDPR and International Users

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, ProsDigital processes your personal data in accordance with the General Data Protection Regulation (GDPR) and applicable local laws. Where required, we will serve as a data processor with respect to personal data contained in Your Content and will process such data only on your documented instructions.

12.2 CCPA (California Residents)

If you are a California resident, you have rights under the CCPA, including the right to know what personal information we collect, the right to deletion, and the right to opt out of the sale of your personal information. We do not sell personal information. Please refer to our Privacy Policy for more detail.

12.3 Biometric Data

ProsDigital’s Services utilize biometric processing on a limited basis and solely to provide the portrait analytics features subscribed to by the Customer, including, where enabled, matching sequential portrait images of the same student. ProsDigital does not use biometric data to identify individuals for any other purpose.

The biometric data processed consists of mathematical representations (facial geometry vectors) derived from portrait images. These vectors are retained on ProsDigital’s servers for the same period as the underlying portrait images, as selected by the Customer (7 days, 30 days, 180 days, or 1 year). Biometric data is permanently and irreversibly deleted on the same automated schedule as portrait images and is never retained beyond the Customer’s selected retention period. Customers may delete biometric data early via the Platform’s self-service data management utilities.

Biometric data is never sold, leased, traded, or disclosed to any third party, and is never used to train, fine-tune, or improve ProsDigital’s AI or machine learning models (see Section 13.4). For full details on applicable biometric privacy laws, see Section 13.6.

13Children’s Privacy and Protection of Minors

ProsDigital’s customers include high-volume professional photography businesses that regularly photograph and process images of minors, including children photographed in school, youth sports, and family settings. This section sets out the specific legal obligations that apply whenever minors’ images or personal data are submitted to or processed by the Services.

13.1 Customer Responsibility for Parental Consent

This means you must: obtain verifiable parental or guardian consent before uploading any image of a child under 13; for minors aged 13–17, comply with applicable state law requiring consent before processing their images through an AI system; maintain records of all consents and make them available to ProsDigital upon request; provide parents and guardians with clear notice that their child’s images will be processed by AI-powered computer vision systems; and honor all consent withdrawal requests promptly and notify ProsDigital to remove the relevant content.

13.2 COPPA Compliance (2025 Amendments)

The Children’s Online Privacy Protection Act (COPPA), as updated by the FTC’s 2025 Rule amendments (compliance deadline: April 22, 2026), classifies photographs and video content containing a child’s image or likeness, and biometric identifiers derived from image processing, as personal information when collected from or about children under 13. Under the updated COPPA Rule: consent has shifted from opt-out to opt-in for children under 13; vendors must maintain formal, written security programs; and penalties for non-compliance are up to $53,088 per violation.

ProsDigital maintains written security programs consistent with COPPA requirements and does not use images of children to train AI models (see Section 13.4).

13.3 FERPA Compliance (School Photography)

If you provide photography services to schools or school districts, the images you submit may constitute or contain education records protected under FERPA. You acknowledge and agree that: you are responsible for ensuring your school clients have executed appropriate written agreements — including a Data Processing Agreement (DPA) — authorizing ProsDigital to access and process student records for legitimate educational purposes; ProsDigital may function as a “school official” under FERPA in this context; you may not submit student education records without a valid FERPA legal basis; student data must not be used for any commercial purpose unrelated to the school’s educational needs; and you must comply with all applicable state student privacy laws, including California’s SOPIPA and equivalent laws in other states.

13.4 Prohibition on AI Training Using Minors’ Images

13.5 The TAKE IT DOWN Act and Prohibited AI-Generated Content

The TAKE IT DOWN Act (signed into federal law May 19, 2025) prohibits the knowing publication of non-consensual intimate imagery (NCII), including AI-generated or AI-manipulated images of minors.

13.6 State-Specific Children’s Privacy and Biometric Laws

The following table identifies key enacted state laws that may apply to your use of the Services when processing images of minors. This list is not exhaustive. You are responsible for monitoring and complying with all applicable laws in your jurisdiction and the jurisdictions of your clients.

13.7 Forward-Looking Compliance

The legal landscape governing AI, biometric data, and the privacy of minors is evolving rapidly. Key pending developments include: COPPA 2.0 (HR 6291) — Senate version passed March 16, 2026, pending House action — which would raise the age of protected children from 13 to 16; the Youth AI Privacy Act (S.4199), introduced March 25, 2026; and the GUARD Act (S.3062), introduced October 2025. ProsDigital will update these Terms as material legislative changes are enacted. Customers are responsible for independently monitoring and complying with all laws applicable to their own operations.

14Copyright Infringement (DMCA)

If you believe content on the Services infringes your copyright, please submit a notification to contact@portraitvision.info with: a physical or electronic signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to have been infringed; identification of the infringing material and its location within the Services; your contact information; a statement of good faith belief that use of the material is not authorized; and a statement, under penalty of perjury, that the information is accurate. ProsDigital may terminate accounts of repeat infringers.

15Third-Party Services and Links

The Services may contain links to or integrations with third-party websites, services, or tools. ProsDigital does not endorse, control, or assume responsibility for any third-party content, services, or practices. Your use of third-party services is governed by those parties’ terms and policies, and you access them at your own risk.

16Changes to Services; Suspension and Termination

16.1 Service Changes

ProsDigital may at any time modify, suspend, or discontinue any part of the Services; introduce new features; impose usage limits; or restrict access. Where a material change would adversely affect your use, we will make reasonable efforts to provide advance notice.

16.2 Subscription Term and Renewal

Each subscription is for the term selected in your Order — monthly, seasonal, or annual (the “Subscription Term”). At the end of each Subscription Term, the subscription automatically renews for a successive term of the same length at the then-current pricing, unless either party gives written notice of non-renewal at least 30 days before the end of the current Term (for monthly subscriptions, before the next renewal date). You may turn off auto-renewal at any time through your account or by contacting contact@portraitvision.info; the change takes effect at the end of the then-current Term.

16.3 Termination for Cause

Either party may terminate this Agreement for cause if the other party materially breaches this Agreement and fails to cure that breach within thirty (30) days after written notice describing it. Neither party may terminate for convenience during a Subscription Term; termination during a Term is permitted only for cause as described in this Section or as otherwise expressly provided in this Agreement.

16.4 Suspension and Immediate Termination

Notwithstanding the cure period in Section 16.3, ProsDigital may immediately suspend or terminate access, without liability, if: (a) you fail to pay fees when due and do not cure within ten (10) days after written notice; (b) you submit or transmit any content prohibited under Section 15, including content that exploits or endangers a minor; (c) your use violates applicable law or poses a security or safety risk to the Services or any third party; or (d) ProsDigital is required to do so by law. Suspension does not relieve you of payment obligations for the Subscription Term.

16.5 Termination by You; Early Termination

You may terminate for cause under Section 16.3 or elect not to renew under Section 16.2. If you terminate during a Subscription Term for any reason other than ProsDigital’s uncured material breach, the fees for the remainder of the then-current Term become immediately due and payable, and prepaid fees are non-refundable. If you terminate for ProsDigital’s uncured material breach, or ProsDigital terminates you without cause, ProsDigital will refund the unused, prepaid portion of your fees for the remainder of the Term. To terminate or elect non-renewal, contact contact@portraitvision.info.

16.6 Effect of Termination

Upon termination or expiration: your right to access the Services will end; for thirty (30) days afterward you may export or retrieve Your Content, after which Your Content may be deleted from our systems; any fees owed under Section 16.5 remain due; and all provisions that by their nature should survive termination will remain in force, including Sections 7, 8, 10, 11, 12, 13, 18, 19, 20, 21, and 22.

17International Use

The Services are operated from the United States. ProsDigital makes no representation that the Services are appropriate or available in any other jurisdiction. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws. You may not use the Services if you are located in a country subject to a U.S. government embargo or identified on any U.S. government list of prohibited or restricted parties.

18Disclaimers and No Warranties

19Limitation of Liability

20Indemnification

You agree to defend, indemnify, and hold harmless ProsDigital and its subsidiaries, affiliates, licensors, managers, officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, expenses, and attorneys’ fees arising from or relating to: your access to or use of the Services; your violation of any provision of this Agreement; your violation of any third party’s rights, including intellectual property or privacy rights; your violation of any applicable law or regulation, including COPPA, FERPA, BIPA, the New York CDPA, or any other federal or state children’s privacy or biometric data law; any claim arising from Your Content, including claims brought by or on behalf of minors depicted in Your Content or their parents or guardians; your failure to obtain required parental or guardian consents; or any access to or use of the Services using your account credentials.

21Governing Law; Dispute Resolution

21.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

21.2 Informal Resolution

Before initiating formal proceedings, you agree to contact ProsDigital at contact@portraitvision.info and make a good faith effort to resolve the dispute informally for at least 30 days.

21.3 Venue

If informal resolution is unsuccessful, any dispute shall be resolved exclusively in the Superior Court of New Jersey, Camden County. Each party irrevocably consents to the personal jurisdiction and venue of those courts.

21.4 Attorneys’ Fees

The prevailing party in any dispute shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

21.5 Class Action Waiver

22Miscellaneous

22.1 Entire Agreement

This Agreement (including the Privacy Policy and any applicable Order) constitutes the entire agreement between you and ProsDigital regarding the Services and supersedes all prior written and oral agreements on the subject matter.

22.2 Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

22.3 Waiver

Failure by either party to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision in the future.

22.4 Assignment

You may not assign, delegate, or transfer this Agreement, your account, or any rights or obligations hereunder without ProsDigital’s prior written consent. Any purported assignment in violation of this section is null and void. ProsDigital may freely assign this Agreement, including in connection with a merger, acquisition, or sale of assets.

22.5 Notices

Notices to ProsDigital must be sent in writing to contact@portraitvision.info or to the mailing address in Section 1. ProsDigital may provide notices to you via email, in-app notifications, or posting to the Services.

22.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond that party’s reasonable control, including acts of God, natural disasters, pandemic, government action, or third-party infrastructure failures.

22.7 Export Compliance

You represent that you are not located in, or a resident or national of, any country subject to U.S. export restrictions, and that you will not use the Services in violation of any applicable export control laws or regulations.

22.8 No Agency

Nothing in this Agreement creates or implies a partnership, joint venture, employment, franchise, or agency relationship between you and ProsDigital. Neither party has the authority to bind the other.

23Contact Us

If you have questions, concerns, or requests regarding these Terms, please contact: