Terms & Conditions

HeySmile offers related services to you, a user, conditioned on your acceptance of all our established terms, including these Terms of Service and all related policies.

Welcome, and thank you for your interest in HeySmile ("HeySmile," "we" or "us") and our website at heysmile.ai, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively called the "Service"). These Terms of Service are a legally binding contract between you and HeySmile regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION OF YOUR USE OF THE SERVICE, AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HEYSMILE'S PRIVACY POLICY (COLLECTIVELY CALLED THE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HEYSMILE'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN HEYSMILE AND YOU TO BE BOUND BY THESE TERMS.

1. Overview of the HeySmile Service

HeySmile is a service focusing on generating photorealistic images using artificial intelligence ("AI"). As part of the Service, HeySmile uses a range of AI tools ("the AI Photographer") to generate AI portrait images for users ("AI Portraits"). Users upload various photos to the Service which the AI Photographer uses to produce the AI Portraits, which users can use for their own purposes. Users will receive different backgrounds, poses, and styles to choose from for the perfect image.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must connect to the Service through a third-party account (e.g., Facebook or Google) (each a "Third-Party Account"). When you connect a Third-Party Account to the Service, you submit your login credentials for that Third-Party Account ("Third-Party Account Information"). By providing HeySmile with your Third-Party Account Information, you authorize HeySmile to act on your behalf to retrieve information from the applicable Third-Party Account to provide the Service under these Terms. You are responsible for ensuring that your Third-Party Account Information is shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under HeySmile's control, and HeySmile is not responsible for actions taken by third parties in connection with your sharing of Third-Party Account Information.

4. General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. Unless otherwise specifically stated in these Terms, all fees are in US Dollars (USD) and refundable according to our refund policy which you can find here.

Pricing

HeySmile reserves the right to determine pricing for the Service. HeySmile will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. HeySmile may change the fees for any feature of the Service, including additional fees or charges, if HeySmile gives you advance notice of changes before they apply. HeySmile, at its sole discretion, may offer promotional offers with different features and different pricing to any of HeySmile's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization

You authorize HeySmile to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by HeySmile, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, HeySmile may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Delinquent Accounts

HeySmile may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees. If your payment method is no longer valid at the time a fee is due, HeySmile reserves the right to delete your account and any information or user-generated content associated with your account without any liability to you.

5. Refunds

Refunds requested within 14 days of purchase are eligible for a full refund if the customer has not downloaded images. Additionally, if the service does not meet the customer's expectations due to technical issues or discrepancies in the quality of the AI-generated portraits, customers are encouraged to contact HeySmile customer support within the same 14-day period. After a review of service usage and the issues encountered, HeySmile reserves the right to offer a partial or full refund at its sole discretion. This policy is in place to ensure customer satisfaction while preventing abuse of the refund process. Customers seeking refunds for reasons other than quality or technical issues, such as a change of mind, will be considered on an individual basis, and HeySmile retains the discretion to grant or deny such refund requests.

All refund requests should be directed to HeySmile customer support via email at [email protected], including detailed reasons for the request and any relevant documents or proof of the issues encountered.

Contact Information

The Service is provided by HeySmile, located in Oslo, Norway. You may contact us by sending an email to [email protected].